Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › 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

Current through Reg. 50, No. 138; July 16, 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.