Current through Reg. 50, No. 187; September 24, 2024
(1) Abuse and neglect history checks must be
conducted on all adoptive applicants and other household members 12 years of
age and older, pursuant to Sections
39.0138 and
39.521, F.S. The applicants must
be informed of this requirement early in the home study process and must
provide written consent for the checks to be completed. Abuse and neglect
history checks must be current within 30 calendar days of placement of an
adoptive child in the home.
(a) When the
adoptive applicant or other adult household member has lived in another state
within five (5) years of the request for a home study, a child abuse and
neglect registry check of the other state must be requested. In states that do
not use a centralized intake or state automated child welfare system (CCWIS),
the Florida child welfare professional is required to contact the county
administered child protection program to complete the record check. If the
other state does not have a local or county child abuse and neglect registry,
the counselor must determine whether to approve the applicant based on all
other information required by Rules
65C-16.002,
65C-16.004, and
65C-16.005, F.A.C.
(b) Any request for information from FSFN
must be in writing and must include a statement of statutory authorization to
receive the information.
(c) All
Department personnel and other agencies and professionals using information
from FSFN, or any child abuse case record shall be informed that misuse of such
information may cause them to be held personally liable, any person injured or
aggrieved by such disclosure may be entitled to damages, and unauthorized
release of abuse reports may result in criminal
prosecution.
(2) Local,
statewide, and national criminal records checks and juvenile records checks
must be conducted on all adoptive applicants and other household members 18
years of age and older. Local, statewide, and juvenile records checks must be
conducted on all household members 12 through 17 years of age.
(a) If the criminal records checks reveal
that the applicant or household member has been convicted of a crime specified
in Section 39.0138(3),
F.S., the application must be denied.
(b) If the criminal records checks reveal
that the applicant or household member has been convicted of a crime specified
in Section 39.0138(4),
F.S., the applicant can not be considered for adoption until five (5) years
after the date of conviction. After five (5) years have passed, the applicant
shall be referred to the Adoption Applicant Review Committee if the applicant
submits a new Adoptive Home Application, CF-FSP 5071, incorporated in Rule
65C-16.004, F.A.C.
(c) If the criminal records checks reveal
that the applicant or household member has been found guilty or entered a plea
of guilty or nolo contendere for crimes other than those listed in Section
39.0138(3) or
(4), F.S., the applicant shall be evaluated
as to the extent of his or her rehabilitation. Factors to be considered will
include the severity of the action resulting in the record, how much time has
elapsed since the offense, circumstances surrounding the incident, and whether
records indicate single or repeated offenses. Referral of these applicants to
the Adoption Applicant Review Committee is not required but they must be
submitted to the appropriate entity in the community-based-care (CBC) agency or
designee for approval.
(d) If the
juvenile records check reveals a juvenile record, this information must be
addressed in the home study and a determination must be made regarding possible
impact on the adopted child.
(3) For foster parents and relative
caregivers who are the current caregivers adopting a Department child, federal
background checks must be current within five (5) years of the date of adoption
placement. For nonrelatives or for potential adoptive parents who are not the
current caregivers of the child, federal background checks must be current
within one (1) year of the date of adoption placement. All potential adoptive
parents must have state and local background checks that are current within 90
days of the date of adoption placement.
(4) Abuse Reports Involving Adoptive Parents.
(a) When the Department receives reports of
abuse, neglect or abandonment by adoptive parents whose adoptions have been
finalized, they will be handled as any other family on whom a report has been
received.
(b) In cases where such
reports are received on families whose adoptions are not finalized, the
protective investigator will consult with the adoption counselor or supervisor
who knows the family and children.
(c) If an allegation of abuse, neglect or
abandonment is made directly to the case manager or adoption counselor, the
Florida Abuse Hotline must be notified immediately. The report will be
transmitted to the local Protective Investigation unit. Complaints which do not
contain allegations of abuse, neglect or abandonment and are made directly to
the case manager or adoption counselor shall be investigated by the case
manager or adoption counselor.
(d)
If an investigation of an abuse, neglect or abandonment report by protective
investigations reveals that the subject of the report is an adoptive parent
whose adoption has not been finalized, the case manager or adoption counselor
must be notified within 72 hours and must assume responsibilities in the
investigation as outlined above.
(e) If abuse or neglect is established but
does not warrant removal of the children, consideration shall be given to
providing post adoption services, including a referral to the multidisciplinary
team, to the family for a specified period of time. Prior to the expiration of
the specified period of time, input from the CBC or subcontractor agency must
be sought to assess progress being made and the likelihood that the consent to
the adoption will be issued. The CBC or subcontractor agency shall convene a
meeting to decide if the placement will be terminated and the child returned to
foster care or if a recommendation to issue consent for finalization of the
adoption will be given.
(f) Whether
the recommendation is finalization of the adoption or removal of the children,
information about the report, services provided to the family, and reasons for
the final decision must be documented and provided to the
court.
Rulemaking Authority
39.012,
39.0121,
63.233 FS. Law Implemented
39.0138, 39.521(1)(b)1.,
39.701,
39.811(8), (9),
63.092(3),
63.125 FS.
New 5-20-91, Formerly 10M-8.00513, Amended 4-28-92,
4-19-94, 8-17-94, 1-8-95, Formerly 10M-8.0053, Amended 12-23-97, 8-19-03,
11-30-08, 7-7-16, 8-15-21.
