65C-45.001. Background Screening Requirements for all Levels of Licensure  


Effective on Wednesday, November 25, 2020
  • 1(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 39409.175 40and 4139.0138, F.S.

    43(2) These screenings shall include:

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

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

    81(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;

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

    120(e) Abuse and neglect records check through the Department’s Florida Safe Families Network (FSFN) which shall be documented on 139the “Central Abuse Hotline Record Search” form, CF 1651, April 2020, incorporated by reference and available at 156https://www.flrules.org/Gateway/reference.asp?No=Ref-11811;

    1581. 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).

    1972. 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.

    2263. The Department’s Regional Family Safety Office shall review the following reports to determine whether a license shall be issued:

    246a. 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

    276b. When the applicant or any other household member was named as caregiver responsible in a report not substantiated for sexual abuse.

    2984. For homes being considered for licensure for longer than one (1) year under Section 313409.175(6)(j), F.S., 315all abuse reports with any findings shall be considered.

    3245. Determinations made based on abuse and neglect reports shall be the made in accordance with the standards set forth in Rule 34665C-38.002, 347F.A.C.

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

    361(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.

    402(4) Each applicant and adult household member being screened shall sign an “Affidavit of Good Moral Character,” CF 1649, Nov 2020, 424incorporated by reference and available at 430https://www.flrules.org/Gateway/reference.asp?No=Ref-12404, 432and a “Release of Information,” CF-FSP 5090, April 2020, incorporated by reference and available at 448https://www.flrules.org/Gateway/reference.asp?No=Ref-11814450.

    451(5) Each applicant and household member being screened under this rule shall provide all the names under which he or she has been known.

    475(6) The following screenings shall be completed for household members 12-17 years of age:

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

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

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

    5391. 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.

    5712. When the household member was named in a report verified for sexual abuse, this shall be an automatic disqualifier for licensure.

    5933. The Department’s Regional Family Safety Office shall review the following reports to determine whether a license shall be issued:

    613a. When the household member was named in any capacity 623in three (3) or more reports 629within a five (5) year period, regardless of classification; and

    639b. When the household member was named in a report not substantiated for sexual abuse.

    6544. For homes being considered for licensure for longer than one (1) year under Section 669409.175(6)(j), F.S., 671all abuse reports with any findings shall be considered.

    6805. Determinations made based on abuse and neglect reports shall be the made in accordance with the standards set forth in Rule 70265C-38.002, 703F.A.C.

    704(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 805435.04, F.S., 807if committed in Florida shall be considered as disqualifying offenses by the Department for licensing decisions. Crimes identified as disqualifying offenses under Section 83039.0138, F.S., 832are automatic disqualification for licensure.

    837(8) 838Screenings 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. 880Screenings 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.

    907(9) Fingerprint exemptions as referenced in Section 91439.0138, F.S., 916can be granted for household members if the criteria in Rule 65C-28.020, F.A.C., is met.

    931Rulemaking Authority 93339.012, 93439.0121, 935409.175(5), 936435.01(2) FS. 938Law Implemented 94039.0121, 94139.0138, 942409.175(5), 943435.04, 944435.05 FS. 946History–New 4-26-20, Amended 11-25-20.