Florida Regulations 65C-38.002: Child Abuse, Abandonment and Neglect Record Check
Current as of: 2024 | Check for updates
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(1) The Department, community-based care lead agency and its subcontracted providers shall check the electronic FSFN case record for information on all persons being considered for placement of a child, including parents and all members of the household, 12 years of age and older, and other visitors to the home 18 years or older who have unsupervised contact with the child.
(2) Out-of-state child welfare background checks shall be conducted on any household member 18 years of age or older who has resided outside the state of Florida within the past five years. In states that do not use a centralized intake or state automated child welfare system (SACWIS) the Florida child welfare professional is required to contact the county administered child protection program to complete the record check.
(3) When a child welfare background check reveals an individual seeking placement of the child, or any adult household member or other adult visitor to the home has a verified maltreatment finding associated with a child fatality or termination of parental rights, the Department, community-based care lead agency or its subcontracted provider shall not recommend placement of the child with that individual without the approval of the Regional Managing Director or his or her designee.
(4) When a child welfare background check reveals an individual seeking placement of the child, or any adult household member or other adult visitor to the home has a Florida or out-of-state verified maltreatment finding associated with a prior adult or child protective investigation, the following factors shall be considered in determining whether placement with the individual will jeopardize the safety of the child being placed:
(a) Severity of the maltreatment, based upon:
1. Age of the child,
2. Location of the injury on the child’s body,
3. Multiplicity of the injuries,
4. Degree of trauma experienced by the child.
(b) Duration of the maltreatment (i.e., one time incident or numerous incidents over time).
(c) Number of prior reports and the findings associated with those reports.
(d) Amount of time that has elapsed since the most recent agency involvement and any rehabilitative changes in the individual’s life that would indicate an increased level of caregiver protective capacity such that the individual would no longer represent a threat to a child.
(e) The individual has established a strong bond with the child and has cared for and protected the child in the recent past, and:
1. Has demonstrated adequate knowledge, skill and resources to fulfill caregiving responsibilities and tasks,
2. Is physically and mentally able to provide for the child’s care; and,
3. Understands and supports all aspects of the safety plan to keep the child safe.
(5) When a child welfare background check reveals any child residing in the household has been involved in juvenile sexual abuse or has displayed inappropriate sexual behavior the Department, community-based care lead agency or its subcontracted provider shall not recommend placement of another child in that home unless it is determined that an assessment was conducted and treatment services were provided to the child involved in juvenile sexual abuse and/or the child who has exhibited inappropriate sexual behavior to the degree that safety of the child being placed will not be jeopardized.
Rulemaking Authority 39.012, 39.0121, 39.0138 FS. Law Implemented Florida Statutes § 39.0138. History-New 2-24-15.
(3) When a child welfare background check reveals an individual seeking placement of the child, or any adult household member or other adult visitor to the home has a verified maltreatment finding associated with a child fatality or termination of parental rights, the Department, community-based care lead agency or its subcontracted provider shall not recommend placement of the child with that individual without the approval of the Regional Managing Director or his or her designee.
(4) When a child welfare background check reveals an individual seeking placement of the child, or any adult household member or other adult visitor to the home has a Florida or out-of-state verified maltreatment finding associated with a prior adult or child protective investigation, the following factors shall be considered in determining whether placement with the individual will jeopardize the safety of the child being placed:
(a) Severity of the maltreatment, based upon:
1. Age of the child,
2. Location of the injury on the child’s body,
3. Multiplicity of the injuries,
4. Degree of trauma experienced by the child.
(b) Duration of the maltreatment (i.e., one time incident or numerous incidents over time).
(c) Number of prior reports and the findings associated with those reports.
(d) Amount of time that has elapsed since the most recent agency involvement and any rehabilitative changes in the individual’s life that would indicate an increased level of caregiver protective capacity such that the individual would no longer represent a threat to a child.
(e) The individual has established a strong bond with the child and has cared for and protected the child in the recent past, and:
1. Has demonstrated adequate knowledge, skill and resources to fulfill caregiving responsibilities and tasks,
2. Is physically and mentally able to provide for the child’s care; and,
3. Understands and supports all aspects of the safety plan to keep the child safe.
(5) When a child welfare background check reveals any child residing in the household has been involved in juvenile sexual abuse or has displayed inappropriate sexual behavior the Department, community-based care lead agency or its subcontracted provider shall not recommend placement of another child in that home unless it is determined that an assessment was conducted and treatment services were provided to the child involved in juvenile sexual abuse and/or the child who has exhibited inappropriate sexual behavior to the degree that safety of the child being placed will not be jeopardized.
Rulemaking Authority 39.012, 39.0121, 39.0138 FS. Law Implemented Florida Statutes § 39.0138. History-New 2-24-15.