Section 65C-28.011 - Criminal, Delinquency and Abuse/Neglect History Checks for Release to a Parent, Placement with a Relative and Non-Relative and Approval of Informal Safety Management Providers(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).Fla. Admin. Code Ann. R. 65C-28.011
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 by Florida Register Volume 42, Number 081, April 26, 2016 effective 5/8/2016, Amended by Florida Register Volume 44, Number 015, January 23, 2018 effective 2/5/2018, Amended by Florida Register Volume 46, Number 220, November 10, 2020 effective 11/25/2020, Amended by Florida Register Volume 47, Number 149, August 3, 2021 effective 8/15/2021.New 5-4-06, Amended 5-8-16, 2-5-18, 11-25-20, 8-15-21.