ICPC State Pages

Florida Criminal Background Checks/Abuse and Neglect Registry

Home Studies which Require Criminal / Perpetrator Record Checks

Florida requires criminal background checks for the following home studies:

• Foster Care
• Relative Care
• Relative-Foster Care
• Foster-Adopt
• Adoption
• Parent
• Other, specified below

Criminal Background Screening

The following methods are used to capture fingerprints to conduct criminal records checks:

• Live Scan or other computerized technology
• Finger Print cards

Criminal background checks/screening via Live Scan or other computerized technology are offered at the following levels:

• National
• State
• Local

State or Local Criminal Record Checks Requirements/Process:

• 39.0138 Criminal history and other records checks; limit on placement of a child—

  (1) The department shall conduct a records check through the State Automated Child Welfare Information System (SACWIS) and a local and statewide criminal history records check on all persons, including parents, being considered by the department for placement of a child under this chapter, including all non-relative placement decisions, and all members of the household, 12 years of age and older, of the person being considered. For purposes of this section, a criminal history records check may include, but is not limited to, submission of fingerprints to the Department of Law Enforcement for processing and forwarding to the Federal Bureau of Investigation for state and national criminal history information, and local criminal records checks through local law enforcement agencies of all household members 18 years of age and older and other visitors to the home. An out-of-state criminal history records check must be initiated for any person 18 years of age or older who resided in another state if that state allows the release of such records. The department shall establish by rule standards for evaluating any information contained in the automated system relating to a person who must be screened for purposes of making a placement decision.

  (2) The department may not place a child with a person other than a parent if the criminal history records check reveals that the person has been convicted of any felony that falls within any of the following categories:

  (a) Child abuse, abandonment, or neglect;

  (b) Domestic violence;

  (c) Child pornography or other felony in which a child was a victim of the offense; or

  (d) Homicide, sexual battery, or other felony involving violence, other than felony assault or felony battery when an adult was the victim of the assault or battery.

  (3) The department may not place a child with a person other than a parent if the criminal history records check reveals that the person has, within the previous 5 years, been convicted of a felony that falls within any of the following categories:

  (a) Assault;

  (b) Battery; or

  (c) A drug-related offense.

  (4) The department may place a child in a home that otherwise meets placement requirements if a name check of state and local criminal history records systems does not disqualify the applicant and if the department submits fingerprints to the Department of Law Enforcement for forwarding to the Federal Bureau of Investigation and is awaiting the results of the state and national criminal history records check.

  (5) Persons with whom placement of a child is being considered or approved must disclose to the department any prior or pending local, state, or national criminal proceedings in which they are or have been involved.

  (6) The department may examine the results of any criminal history records check of any person, including a parent, with whom placement of a child is being considered under this section. The complete criminal history records check must be considered when determining whether placement with the person will jeopardize the safety of the child being placed.

Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:

• The department may not place a child with a person other than a parent if the criminal history records check reveals that the person has been convicted of any felony that falls within any of the following categories:

  (a) Child abuse, abandonment, or neglect;

  (b) Domestic violence;

  (c) Child pornography or other felony in which a child was a victim of the offense; or

  (d) Homicide, sexual battery, or other felony involving violence, other than felony assault or felony battery when an adult was the victim of the assault or battery.

   

  The department may not place a child with a person other than a parent if the criminal history records check reveals that the person has, within the previous 5 years, been convicted of a felony that falls within any of the following categories:

  (a) Assault;

  (b) Battery; or

  (c) A drug-related offense.

Types of Checks (Crim. & Abuse Neglect Registry)

Florida requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR)):

	Federal	State	Local	ANR	NR
Foster Care	y	y	y	y
Relative	y	y	y	y
Relative Foster Care	y	y	y	y
Foster-Adopt	y	y	y	y
Adoption	y	y	y	y
Parent	y	y	y	y

Florida provides Abuse and Neglect searches:

• Yes

Wait Time for Criminal Records Results

Wait time for fingerprint results are:

Live Scan or other technology

• State: 48-72 hours
• Local/County: 48-72 hours

Manually - Fingerprint Card

• State: 31-60 days
• Local/County: 31-60 days

Verification of Criminal Records Results

• Signature verifying background check completed

Period of Time the Checks are Valid

• Checks valid for 12 months