Fla. Admin. Code Ann. R. 65C-45.001 - Background Screening Requirements for all Levels of Licensure

(1) The Department shall conduct background screenings for all persons considered by the Department for initial licensure, re-licensure, or re-screenings for 3-year licensure for out-of-home caregivers and all adult household members age 18 and older, pursuant to Sections 409.175 and 39.0138, F.S.

(2) These screenings shall include:

(a) Statewide criminal records check through the Florida Department of Law Enforcement to be obtained through fingerprinting;

(b) Federal criminal records check through the Federal Bureau of Investigation to be obtained through fingerprinting;

(c) Local criminal records check through local law enforcement agencies, including records of any responses to the home by law enforcement that did not result in criminal charges;

(d) Records check of the Florida Sexual Offenders and Predators registry;

(e) Abuse and neglect records check through the Department's Florida Safe Families Network (FSFN) which shall be documented on the "Central Abuse Hotline Record Search" form, CF 1651, April 2020, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11811;

1. Only abuse and neglect reports in which the applicant or any other household member was named as the caregiver responsible for the abuse or neglect shall be used for initial licensing recommendations by the community-based care agency (CBC).

2. When the applicant or any other household member was named as caregiver responsible in a report verified for sexual abuse, this shall be an automatic disqualifier for licensure.

3. The Department's Regional Family Safety Office shall review the following reports to determine whether a license shall be issued:

a. When the applicant or any other household member was named in any capacity in three (3) or more reports within a five (5) year period, regardless of classification; or

b. When the applicant or any other household member was named as caregiver responsible in a report not substantiated for sexual abuse.

4. For homes being considered for licensure for longer than one (1) year under Section 409.175(6)(j), F.S., all abuse reports with any findings shall be considered.

5. Determinations made based on abuse and neglect reports shall be the made in accordance with the standards set forth in Rule 65C-38.002, F.A.C.

(f) Civil court records check regarding domestic violence complaints and orders of protection.

(3) If the applicant or any other adult household member has resided in any other state during the past five (5) years, requests for abuse and neglect histories and the results of such requests shall be included with the application file.

(4) Each applicant and adult household member being screened shall sign an "Affidavit of Good Moral Character, " CF 1649, Nov 2020, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12404, and a "Release of Information, " CF-FSP 5090, April 2020, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11814.

(5) Each applicant and household member being screened under this rule shall provide all the names under which he or she has been known.

(6) The following screenings shall be completed for household members 12-17 years of age:

(a) Juvenile records check through the Florida Department of Juvenile Justice or Florida Department of Law Enforcement (FDLE) Shield; and

(b) Federal criminal records check through the Federal Bureau of Investigation are not required for household members 12-17 years of age.

(c) Abuse and neglect records check through the FSFN.

1. Only abuse and neglect reports in which the household member was named responsible for the abuse or neglect shall be considered for initial licensing recommendations by the CBC or contracted provider.

2. When the household member was named in a report verified for sexual abuse, this shall be an automatic disqualifier for licensure.

3. The Department's Regional Family Safety Office shall review the following reports to determine whether a license shall be issued:

a. When the household member was named in any capacity in three (3) or more reports within a five (5) year period, regardless of classification; and

b. When the household member was named in a report not substantiated for sexual abuse.

4. For homes being considered for licensure for longer than one (1) year under Section 409.175(6)(j), F.S., all abuse reports with any findings shall be considered.

5. Determinations made based on abuse and neglect reports shall be the made in accordance with the standards set forth in Rule 65C-38.002, F.A.C.

(7) All records obtained as a part of the background screening shall be considered in the process of determining whether to issue a foster care license or, if there is a current license, whether the license should be revoked. Such records shall include findings of delinquency; any misdemeanor or felony criminal arrests resulting in a conviction or withhold of adjudication; any criminal traffic offenses resulting in a conviction or withhold of adjudication, and any civil cases of domestic violence and orders for protection. Crimes perpetrated in other states that are misdemeanors in that state but would be felonies listed under Section 435.04, F.S., if committed in Florida shall be considered as disqualifying offenses by the Department for licensing decisions. Crimes identified as disqualifying offenses under Section 39.0138, F.S., are automatic disqualification for licensure.

(8) Screenings identified in paragraphs 65C-45.001(2)(a) -(b), that are completed through the Agency for Health Care Administration (AHCA) Background Screening Clearinghouse are valid for five years. Screenings identified in paragraphs 65C-45.001(2)(a) -(b), not completed through the AHCA Background Screening Clearinghouse are valid for one year. Screenings identified in paragraphs 65C-45.001(2)(c) -(f) and 65C-45.001(6)(a) -(b) are valid for one year. All screenings must be valid within 60 days of re-licensure or rescreening for three-year licensure.

(9) Fingerprint exemptions as referenced in Section 39.0138, F.S., can be granted for household members if the criteria in Rule 65C-28.020, F.A.C., is met.

Notes

Fla. Admin. Code Ann. R. 65C-45.001

Rulemaking Authority 39.012, 39.0121, 409.175(5), 435.01(2) FS. Law Implemented 39.0121, 39.0138, 409.175(5), 435.04, 435.05 FS.

Adopted by Florida Register Volume 46, Number 073, April 14, 2020 effective 4/26/2020, Amended by Florida Register Volume 46, Number 220, November 10, 2020 effective 11/25/2020.

New 4-26-20, Amended 11-25-20.