Current through Reg. 50, No. 187; September 24, 2024
(1) The following
criminal, delinquency and abuse/neglect history checks shall be performed when
a child is initially placed or remains with a relative or non-relative:
(a) For all household members age 12 or
older, an abuse/neglect records check through the Department's information
system containing statewide abuse/neglect records. When the applicant or any
other household member is designated as the "caregiver responsible" in a report
verified for sexual abuse, the applicant shall be automatically disqualified
for placement.
(b) For all
household members age 12 or older, a local criminal records check must be
requested through local law enforcement. When circumstances exist that prevent
local law enforcement from conducting local criminal record checks, a search of
the Comprehensive Case Information System (CCIS) may be used until local
criminal records check can be obtained. The child welfare professional shall
make ongoing efforts to obtain a local criminal records check. A request for
call outs regarding the household members from police and sheriff's offices
must be made and reviewed prior to placement when results are
available.
(c) For all household
members age 12 up to 26, a delinquency records check through the Florida
Department of Juvenile Justice.
(d)
For all household members age 12 or older, a state criminal records name check
through the Florida Crime Information Center (FCIC).
(e) For all household members age 18 or
older, a name check through the National Crime Information Center (NCIC) when
there are exigent circumstances required an emergency placement within 72
hours.
(f) If the child is placed
in the household, the fingerprints of these persons age 18 or older shall be
submitted to the Florida Department of Law Enforcement no later than within 10
calendar days of the FCIC and/or NCIC name check.
(g) For household members age 18 or older who
are known to have resided in another state in the preceding five (5) years, a
request shall be made to the other state for an abuse and neglect history
check. When the applicant or any other household member is designated as the
"caregiver responsible" in a report verified for sexual abuse, the applicant
shall be automatically disqualified for placement.
(h) For any household member whose NCIC check
returns an arrest history for a charge that may have implications for child
safety, a request shall be made for out-of-state local criminal information to
determine if the placement shall be finalized.
(i) For all household members age 12 and
older, a Clerk of Court Search in the household member's county of residence or
a search of the CCIS must be conducted by the child protection investigator for
ongoing services.
(j) For all
household members age 18 and older, a Florida Sexual Offenders and Predators
Registration check must be conducted by the child protection investigation for
ongoing services.
(2)
Prior to approval of a relative or nonrelative who agrees to provide informal
safety management services, including family-made arrangements, the child
welfare professional will conduct background screening to include child abuse
history, a Florida Sexual Offenders and Predators registration check and local
criminal history check.
(3) The
court shall be informed of all results, including the disposition of all
criminal offenses that are received regarding any proposed or existing relative
or non-relative placement.
(4) Any
relatives or non-relatives who wish to become licensed as foster parents must
meet the licensing requirements of rule Chapter 65C-45, F.A.C., including the
criminal, delinquency and abuse/neglect history check requirements for licensed
out-of-home caregivers.
(5)
Updating Home Study and Recommendation for Court Ordered Custody. Persons who
are approved relative/non-relative caregivers, parents, and any adult household
members shall be re-screened at least annually and prior to case closure when a
child placed is remaining in the home. Annual screening shall include a local
criminal records check, an abuse and neglect record check clearance through the
Statewide Automated Child Welfare Information System, records of any responses
to the home by law enforcement that did not result in criminal charges, and any
911 calls to the home. Any criminal, delinquency and abuse/neglect history
check results received subsequent to placing a child shall be considered in
regard to the child's safety and shall be provided to the court. If any
disqualifying results are received, the child welfare professional responsible
for the case shall notify Children's Legal Services within 24 hours of
receipt.
(6) Release of a Child to
a Parent. Prior to recommending to the court that a child be released to a
parent, the parent and household members shall undergo all criminal,
delinquency and abuse/neglect history checks that are required for placement
with relatives and non-relatives.
(7) Criminal, Delinquency and Abuse/Neglect
History Check Results. The Department or contracted service provider shall not
make or recommend a relative or non-relative placement if analysis of the
results of criminal, delinquency and abuse/neglect history checks indicate that
the child's health, safety, or welfare may be jeopardized in the placement or
if the relative or non-relative has a disqualifying offense pursuant to Section
39.0138(2),
F.S.
(a) Results of Abuse/Neglect Records
Check. The results of an abuse/neglect records check indicating that a person
is named in some capacity in an abuse/neglect report shall not be used to deny
placement in the home where that person resides unless that person is
identified as a caregiver responsible for the abuse, neglect or abandonment
alleged in the report. Factors to be considered in denying placement include
how much time has elapsed since the incident, the extent of a person's
rehabilitation, and recent history that supports the person's changed life
circumstances and/or behaviors.
(b)
Criminal Offenses.
1. For placements with
relatives or non-relatives, Sections
39.0138(2)-(3),
F.S., lists criminal offenses that disqualify these persons for placement of
the child. If the criminal records checks reveal that the applicant has been
found guilty regardless of adjudication for crimes other than those listed in
Section 39.0138(2) or
(3), 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 report, how much time has
elapsed, circumstances surrounding the report, and whether records indicate an
ongoing pattern of family conditions or behaviors.
2. For releases to a child's parent, there
are no offenses that automatically disqualify the parent regardless of whether
the offense was committed by the parent or a household member. For releases to
parents, prior to the release, information obtained from the criminal,
delinquency and abuse/neglect history checks shall be provided by the child
welfare professional or Children's Legal Services attorney to the court, which
shall make the final decision regarding the placement decision when the results
of the checks raise concerns about the safety of the child.
(c) Delinquency Results. 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 child being placed.
(8) Criminal, Delinquency and Abuse/Neglect
History Checks on Additional Persons Subsequent to Placement in a Relative's or
Non-Relative's Household. The Department shall conduct criminal, delinquency
and abuse/neglect history checks as required in Sections 39.0138 and
39.521(2)(r)2., F.S., on any new household members if they have not otherwise
received the checks within the previous 12 months. The court shall be informed
of the results within 72 hours of their receipt.
(9) Out-of-State Placements and Releases. Any
out-of-state placement or release shall have the prior authorization of the
court and of the Interstate Compact on the Placement of Children
(ICPC).
Rulemaking Authority
39.012,
39.0121(1),
39.0138(1) FS.
Law Implemented 39.0138, 39.401(3), 39.521(2)(o)2.
FS.
New 5-4-06, Amended 5-8-16, 2-5-18, 11-25-20,
8-15-21.
