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BACK TO BasicsBACKGROUND SCREENING REQUIREMENTSWINTER LICENSING TRAINING 2020JACKSONVILLE, FLORIDATANISHA LEE, OFFICE OF CHILD WELFARE
TOPICS01DCF BACKGROUND SCREENING PROGRAM02BACKGROUND SCREENINGSREQUIREMENTS FOR LICENSURE03BACKGROUND SCREENING PROCESS &TIMELINES04BEST PRACTICES2
THE BACKGROUND SCREENING PROGRAMPrimary Functions:DCF Headquarters, TallahasseeDCF BackgroundScreeningProgramCrimeIntelligence Unit(CIU)BackgroundScreening Unit Provides named-based criminal historysearches for investigative purposes. Provides abuse and neglect history searchesfor employment purposes. Provides fingerprint-based criminal historyscreenings. Provides abuse and neglect history searchesfor authorized facilities. Issues agency identifying numbers to facilitiesfor the purpose of requesting backgroundscreenings.3
BACKGROUND SCREENINGPROGRAM FUNCTIONS : OCA ISSUANCEBackgroundScreening UnitEntity submitsOCA requestform to DCFIssues agency identifying numbers to facilities for thepurpose of requesting background screenings.Entity isassigned anOCA and ORInumberEntityrequestsaccess to theAHCAClearinghouseEntity initiatesfingerprintbased atus ofapplicantsEntitymaintains staffroster fornotificationsORI Originating Agency IdentifierOCA Originating Agency Case NumberThe ORI number is specific to program types and assigned to thedepartment to indicate what statutory requirements are used foreligibility determinations.The OCA number is a unique number assigned to each provider that4indicates what screening the entity is authorized to receive.
WHEN TO SUBMIT AN OCA FORM Need a new OCA number (initial) Need an additional OCA number for adifferent program or screening type Change in facility information (i.e. name,contact information, address) Facility closure or OCA no longer in useOCA requests are submitted to the BGS Help Deskfor processing. Requests for group care providers aresubmitted through the DCF regional licensing teamto the BGS Help Desk for routing to the Office ofChild Welfare.5
OCA REQUEST FORM & SCREENING TYPESChild welfare agency types for the purpose of screening: Child-Placing Agency Adoptive Parents (Adopt) Foster Parents (FP) Human Resources (HR) Child-Caring Agency (GH) Agencies contracted to provide services for DCF6*New form released November 2019
BACKGROUND SCREENING PROGRAM FUNCTIONS: CRIMINAL HISTORY SCREENINGSScreeningPurposeApplies ToFloridaStatutesScreenedScreening ProcessAdditional Screening sCh. 39Name-based check submitted through FSFNFingerprints submitted within 10 days No rearrest alertsResults purged from FSFN within 72 hoursResults stored by the Department in CSIS uponfingerprint unificationCh. 39Fingerprint submission through Live Scanvendor No rearrest alertsFingerprints not retained in the ClearinghouseResults purged from FSFN within 72 hoursResults stored by the Department in CSIS uponfingerprint completionAdoptionProspective AdoptiveParentsCh. 39Fingerprint submission through Live Scanvendor No rearrest alertsFingerprints not retained in the ClearinghouseFoster Parents: Level ICh. 39Fingerprint submission through Live Scanvendor No rearrest alertsFingerprints not retained in the Clearinghouse Rearrest alerts received7Fingerprints retained for 5 years in the AHCAClearinghouse*CBC’s equipped with Live Scan machines canprocess and store fingerprints in the Live Scanmachine.LicensureFoster Parents: Level II-VGroup Home StaffCh. 39Ch. 435Fingerprint submissionprocessed through AHCA Clearinghouse
CRIMINAL HISTORY SCREENING LEVELSLicensureFoster Parents: Level II-VGroup Home StaffCh. 39Ch. 435Fingerprint submissionprocessed through AHCAClearinghouseRearrest alerts receivedFingerprints retained for 5 years in the AHCAClearinghouseChapter 435 Employment ScreeningScreenings conducted as a condition of employment forpersons required to be screened pursuant to this chapter.LEVEL IThis level screens for statewide criminalhistory through the Florida Department ofLaw Enforcement (FDLE) and checks forrecords on the Dru Sjodin National SexOffender Public Website.LEVEL IIThis level screens applicantsfingerprints for statewide (FDLE) andnational (FBI) criminal historyrecords.2019 Florida Statutes 8Title XXXI LaborChapter 435 Employment Screening
BACKGROUNDSCREENINGREQUIREMENTSFOR LICENSUREFOSTER PARENTS Level I Level II-VGROUP CARE STAFF
BackgroundScreeningAdministered by:What do this look for?How is screening obtained?Applicants submit fingerprints to a designated Live Scan vendorfor processing.Statewide Criminal HistoryRecord Check (FDLE)Florida Department of Law Enforcement(FDLE)Includes arrests, dispositions, and incarcerations for the State ofFlorida and Juvenile Justice checks up to age 26.National Criminal HistoryRecord Check (FBI)Federal Bureau of Investigation (FBI)Includes arrests, dispositions, and incarcerations for all 50 statesand US territories and Juvenile Justice checks up to age 26.Florida Sexual Offenders andPredators SearchFDLE Sexual Offenders and PredatorsPublic Website&Dru Sjodin National Sex Offender PublicWebsiteProvides public information and photos on individuals registeredas sexual offenders and predators in Florida (FDLE site) and forall 50 states and US territories (Dru Sjodin).Searches obtained through public ops/home.jsf orhttps://www.nsopw.gov/Local Criminal History RecordSearch & *911 Call OutsLocal Law Enforcement AgenciesLocal criminal history record checks including any criminalactivity and law enforcement responses to the requestedaddress. *911 call outs refer to law enforcement responses tothe home which may include those that did not result in criminalcharges.Follow local protocol to request records, i.e. though localsheriff’s office or police station, etc.Civil Court Records CheckClerk of Courts (county-based)Provides records of involvement related to criminal and civilcourt cases, traffic citations, probate, municipal infractions andmore. This includes any records regarding domestic violencecomplaints and orders of protection.Follow county protocol to request civil records or useComprehensive Case Information System (CCIS) to obtaindetailed case information.Florida Abuse and NeglectRegistry Check (Applicantsand household members ages12-17)DCF Background ScreeningDepartment (For Group Home Staff)Any abuse and neglect records for the individual through asearch of the Florida Safe Families Network (FSFN).Group Homes Initial screening obtained through Clearinghouse Resubmissions obtained through DCF BGS DepartmentFoster Parents Initial and annual submissions obtained by CBC/CMOOut of State Abuse andNeglect Records Check*If applicableState specific. Protocol varies for eachstate regarding the release of recordsfor foster/adoptive parents and foremployment purposes.*If the individual resided in any other state during the past five (5)years, requests for abuse and neglect history must be made forthose states.Follow guidance for the applicable state(s) to request abuse andneglect history ChildProtective/AdamWalsh.pdfCommunity-Based Care/CaseManagement Agency (For FosterParents)10Juvenile Record Check(Ages 12-17)*Department of Juvenile JusticeProvides delinquency records.*Obtained if applicable, i.e. household member ages 12-17years old residing in foster or group home.Through FDLE or Department of Juvenile Justice (DJJ)
Background ScreeningEmergencyPlacementsPlannedPlacementsLevel I-VFoster ParentsGroup Care StaffStatewide Criminal History Record Check(FDLE) National Criminal History Record Check (FBI) Florida Sexual Offenders and Predators Search Local Criminal History Record Search & *911Call Outs Civil Court Records Check*Required whenlocals areinaccessible* OptionalFlorida Abuse and Neglect Registry Check(Applicants and household members ages 1217) Out of State Abuse and Neglect RecordsCheck*If applicable Juvenile Record Check(Ages 12-17)* 11
ABUSE AND NEGLECTRECORD REQUEST FORMSFoster Parents Level I-VCentral Abuse Hotline Record Search Form CF1651Group Care StaffChild Abuse History Record Request for EmploymentCF 1651D12
FINGERPRINT SCREENING TIMELINE: THROUGH THE CLEARINGHOUSEDay 1Day 4Day 3Day 5Day 1013
HOW TO INTERPRETSCREENING RESULTSCLEARINGHOUSE BACKGROUND SCREENING ELIGIBILITY LETTERABUSE AND NEGLECT HISTORY LETTERCRIMINAL HISTORY RECORD REVIEW LETTER FOR PLACEMENT PURPOSESREJECTED FINGERPRINTS“NOT ELIGIBLE” SCREENING DETERMINATIONSFINGERPRINT EXEMPTIONS
CLEARINGHOUSEELIGIBILITY STATUS LETTERThe eligibility determination date refers to the determinationdate of the applicants screening under the specified programtype.The retained prints expiration date refers to the calendar dateFDLE will purge the fingerprints from storage if they are notrenewed.What Happens if retained prints expire? Prints no longer retained Eligibility determination date expires Applicant must resubmit fingerprints at an increased costEmployers will receive notifications 60, 30 and 21 days prior tothe upcoming expiring retained prints for those individualslisted on the Employee/Contractor Roster.15
ABUSE AND NEGLECT HISTORY LETTERChild abuse and neglect record results are indicated in the Clearinghouse for group carestaff. The DCF BGS program will also notify the provider of the result details via letter form.The notification of abuse history results will indicate the outcome of the search.DCF regional licensing teams should follow their regional protocol to review verifiedfindings for group care staff. This process involves assessing for concerns as it relates tothe safety and well-being of children in placement.16
CRIMINALHISTORY RECORDREVIEW LETTERFOR PLACEMENTPURPOSES17
FINGERPRINT REJECTION RESULTSWhat happens if an applicants fingerprints are rejected? Rejected printnotice receivedby DCF BGSProgramPrints Rejected1st TimeApplicant/ProviderNotified toRe-print BGS Programnotifies provider toresubmit fingerprintswith specifiedTCR/OCA/ORInumbers BGS Programreceives notice of2nd print rejectionPrints Rejected2nd TimeName SearchRequested byBGS Program BGS Programsubmits CJISName Searchrequest to FDLE Response to thename search arereceived by theBGS Programand updated inCSIS & theprovider isnotified of resultsResultsReceived18
EXEMPTIONS PROCESSWhat happens if an applicants screening status has been determined “not eligible”?Exemptions ask to waive disqualifying criminal offenses forapplicants who are screened under Chapter 435, F.S.Applicants who are “not eligible” receive a letter from thedepartment with guidance on the exemption request process.Applicants are advised to submit their completed application withALL required documents to prevent processing delays.19
EXEMPTIONS FROM FINGERPRINTINGDoes the following apply:1.Is the applicant a household member with a physical, developmentalor cognitive disability that prevents them from safely submittingprints? YES2.Is the household member in a caregiving role? NO3.Has the applicant obtained documentation from a licensed healthprofessional that addresses the following:YES Justification that the individual is unable to submit fingerprintssafely due to a disability; and, The disability does not pose a safety concern for any children in thehome.If the above applies, proceed with submission of Fingerprint ExemptionRequest Form to your DCF regional managing directors or designee forreview following guidelines in 65C-28.020, F.A.C.20
EXEMPTION FROM FINGERPRINTING CONT.Next Steps The regional managing director or designee willreview the documentation, make adetermination, and notify the requesting agencywithin 10 days of receiving the fingerprintexemption request. Results of the fingerprint exemption request aredocumented into CSIS and FSFN. If granted, the individual must obtain a Level Iscreening as outlined in Chapter 435.03, F.S. If denied, the department will notify theindividual, in writing, of the determination,reasons for denial and the right to appealpursuant to Chapter 120, F.S.Not eligible to request? Individuals not eligible to request a fingerprint exemption shallfollow the steps to submit fingerprints through an approvedvendor. Fingerprinting vendors are equipped to submit a fingerprintscreening request for individuals with special circumstances(i.e. low-quality prints, missing/extra fingers, etc.).Agencies seeking fingerprint exemptions for an adult householdmember shall seek to eliminate barriers to fingerprint submissionthat do not pose a safety concern for the individual due to aphysical, developmental or cognitive disability (i.e. Use of mobilefingerprint vendors, assisting with transportation needs, etc.).21
BEST PRACTICES Use designated point of contacts to inquire or follow -up on inquiries specific to that department. Ensure you are using the latest version of department forms/applications to prevent processingdelays. Keep contact information, including emails, phone numbers and addresses, up -to-date bynotifying appropriate licensing staff.For Clearinghouse Users: Keep Clearinghouse roster up to date within 10 days of changes to applicants/staff. Review trainings and guides provided by the Clearinghouse to navigate the site with ease. Ensure the correct OCA number is used based on screening population. (i.e. foster parents versusstaff) Use the OCA form to submit changes to facility information, OCA or facility closure.22
RESOURCESAHCA Clearinghouse Video Trainings and roundscreening /clearinghouse /Clearinghouse Renewals FAQ’shttps://ahca.myflorida.com/MCHQ/Central Services/Background Screening/Renewals.shtmlThe Center for Child lorida Administrative Codehttps://www.flrules.org/The 2019 Florida Statueshttp://www.leg.state.fl.us/STATUTES/Adam Walsh State Contacts and Procedures for Child Abuse Registry ldProtective/AdamWalsh.pdfFDLE Sexual Offenders and Predators Public Website &Dru Sjodin National Sex Offender Public sops/home.jsfhttps://www.nsopw.gov/23
Questions or Concerns?CONTACTSTanisha Lee, Child-Caring and Child-Placing Licensing SpecialistTanisha.Lee@myflfamilies.comTeanna Houston, Statewide Foster Home Licensing e History ckground.screening@myflfamilies.comHelp ngsbgs.background.screening@myflfamilies.com24
Clearinghouse BACKGROUND SCREENING PROGRAM FUNCTIONS : CRIMINAL HISTORY SCREENINGS 7. CRIMINAL HISTORY SCREENING LEVELS This level screens for statewide criminal history through the Florida Department of Law Enforcement (FD
