Fla. Admin. Code Ann. R. 65C-28.020 - Fingerprint Exemptions for Household Members

(1) Household members, excluding current and potential caregivers, 18 years of age and older, who have a physical, developmental, or cognitive disability that prevents that person from safely submitting fingerprints can request an exemption from the fingerprinting requirements set forth in subsection 39.0138(1), F.S.

(2) Individuals seeking the exemption must provide supportive documentation from a licensed health professional outlining justification that the individual is unable to submit fingerprints safely due to a disability, and that the disability does not present a safety concern for children in the home. The supporting documentation must be provided to the child welfare professional no later than 10 calendar days after an emergency placement.

(3) The child welfare professional shall complete a "Fingerprint Exemption Request" form, CF-FSP 5436, Feb 2019, incorporated by reference and available at https://www.flrules.org/Gateway/Reference.asp?No=Ref-10319, and submit it to the Department's regional managing director or designee for review within 72 business hours of receiving the supporting documentation.

(4) The Department's regional managing director or designee shall make a determination to grant or deny the exemption request within 10 days of receiving the request. In determining whether to grant an exemption, the regional managing director or designee shall consider the requirements outlined in section 39.0138(2)(b), F.S.

a. The Department will upload the Fingerprint Exemption Request form into the Caretaker Screening Information System (CSIS) within five (5) business days of an exemption determination.

b. The Department will provide the signed Fingerprint Exemption form to the requesting agency.

c. The requesting agency will upload the determination into the Florida Safe Families Network (FSFN) provider file cabinet upon receipt.

(5) If the Department determines that the individual does not qualify for a fingerprint exemption, the individual shall be notified in writing within 10 business days of the determination, identifying the reasons for the denial, the statutory authority for the denial and the individual's right of appeal pursuant to chapter 120, F.S.

(6) A Level 1 screening, pursuant to section 435.03, F.S., shall be completed on all individuals exempted from submitting fingerprints. For emergency placements, results received from the emergency background checks, with the purpose code x, shall meet the level I requirements outlined in section 435.03, F.S.

Notes

Fla. Admin. Code Ann. R. 65C-28.020

Rulemaking Authority 39.0138(2)(a) FS. Law Implemented 39.0138 FS.

Adopted by Florida Register Volume 45, Number 059, March 26, 2019 effective 4/7/2019.

New 4-7-19.