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If the checks result in the State or the country responding stating that a registry does not exist in that particular State

or country, this should be noted in the home study. Until USCIS is able to verify whether a particular foreign country

has a child abuse registry, USCIS will find that a home study complies with this requirement if the home study

preparer states in the home study that the home study preparer has consulted the Central Authority of the foreign

country (for a Hague Convention country) or other competent authority (for a Non-Hague Convention country), and it

is determined upon this consultation that the foreign country does not have a child abuse registry available. When it

has been determined that a foreign country does not have a child abuse registry, it is sufficient to note this fact in the

home study, however, the home study preparer must always exercise due diligence to ensure the prior determination

remains accurate. Please see our Web site at

for a list of countries that currently do not have an

available child abuse registry. See sample below:

Sample Wording:

“In order to comply with the requirements of the Hague Adoption Convention, the appropriate child abuse registries

were checked for each State or country where each of the Smiths has lived since their 18th birthdays. A computer

search of State X’s Child Abuse and Neglect Registry on March 26, 2008, for Bradley Smith revealed no record. A

computer search of the Department of Family and Protective Services Central Registry Abuse/Neglect Database for

State X on March 27, 2008, revealed no record or reports on Susan Smith (Jones). On March 28, 2008, all appropriate

child abuse registries were checked in Country X, where Susan previously resided. No records were found under

either her maiden or married name. On March 29, 2008, the Central Authority of Country Y indicated that there was

no child abuse registry in the country where Bradley resided for 6 months in 1999. Further, USCIS has verified that

there is no child abuse registry in Country Z, where Bradley and Susan lived from 2002-2003. The computer search

of the State Y, USA Child and Vulnerable Persons Abuse and Neglect Registry on March 26, 2008, for Bradley Smith

and Susan Smith (Jones) revealed no records.”

12. The home study must also include the results of any arrest history or history as an offender of the PAP and any

additional adult member of the household. This information must be disclosed to the preparer and to USCIS.

There are some specific questions that must be asked of the PAP(s) and adult household members. Three of these

questions are:

A. Have you ever been arrested or convicted, whether in the United States or abroad?

B. Do you have a history of child abuse, sexual abuse, or domestic violence, whether in the United States or abroad?

C. Do you have a history of alcohol, drug, or substance abuse, whether in the United States or abroad?

See the following sample:

Sample Wording:

“A computer search of the State X, USA State criminal archives revealed no record for Bradley Allen Smith or Susan

Erin Smith (Jones). In response to direct questions from this worker, Bradley and Susan each stated they do not have

histories as offenders, whether in the United States or abroad, of substance abuse, sexual abuse, child abuse, or family

violence, even if such history did not result in an arrest or conviction. Bradley and Susan individually replied “no” to

the following questions:

A. Have you ever been arrested or convicted, whether in the United States or abroad?

B. Do you have a history of child abuse, sexual abuse, or domestic violence, whether in the United States or abroad?

C. Do you have a history of alcohol, drug or substance abuse, whether in the United States or abroad?

Bradley and Susan are aware that a single incident of sexual abuse, child abuse, or family violence is sufficient to

constitute a “history” of abuse and/or violence.”

Form M-738 Instructions 07/27/09 N

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Instructions For Form M-738 - Hague Home Study Tip Sheet For Adoption Service Providers And Prospective Adoptive Parents Page 5