Senate Bill sb1740
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Florida Senate - 2003 SB 1740
By Senator Lynn
7-939B-03
1 A bill to be entitled
2 An act relating to dependent children; amending
3 s. 39.302, F.S.; clarifying a right of access
4 to records for certain attorneys and providing
5 a right to access for employees and agents of
6 educational institutions; authorizing the
7 Department of Children and Family Services and
8 specified law enforcement agencies to release
9 certain information when a child is under
10 investigation or supervision; providing an
11 exception; providing that persons releasing
12 such information are not subject to civil or
13 criminal penalty for the release; creating s.
14 39.0136, F.S.; providing standards for
15 background screening of persons seeking
16 approval as relative and nonrelative caregivers
17 of children; enumerating offenses the existence
18 of which will cause disapproval; amending ss.
19 39.301, 39.401, 39.521, F.S.; clarifying the
20 screening that must occur for purposes of a
21 child protective investigation, for the
22 placement of a child, and for providing
23 information to the court; amending s. 39.811,
24 F.S.; requiring certain screening of
25 prospective adoptive parents; amending s.
26 63.092, F.S.; conforming a cross-reference;
27 creating s. 435.12, F.S.; specifying that
28 offenses considered as part of background
29 screening are to be considered regardless of
30 the date of commission; creating s. 409.017,
31 F.S.; providing standards for background
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1 screening of persons in a household seeking
2 licensure as a foster home; enumerating
3 offenses the existence of which will cause
4 disapproval; providing for rescreening;
5 imposing a duty upon the licensee; amending s.
6 409.175, F.S.; redefining the term "personnel"
7 and deleting the definition of the term
8 "screening"; creating s. 409.177, F.S.;
9 providing standards for background screening
10 for child-placing and residential child-caring
11 agencies; providing for denial of a license and
12 exclusion from employment; creating s.
13 409.1759, F.S.; providing for background
14 screening for summer camp personnel; providing
15 an exception; amending s. 435.07, F.S.;
16 modifying the time period within which prior
17 felonies must be considered when granting
18 exemptions from disqualification; creating s.
19 435.13, F.S.; providing for rescreening;
20 specifying conditions thereon and authorizing
21 exceptions; requiring the retention of certain
22 records; repealing s. 409.1757, F.S., relating
23 to persons not required to be rescreened or
24 refingerprinted; repealing s. 435.045, F.S.,
25 relating to requirements for placement of
26 dependent children; providing an effective
27 date.
28
29 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsection (2) of section 39.202, Florida
2 Statutes, is amended, present subsections (4) through (7) of
3 that section are renumbered as subsections (5) through (8),
4 respectively, and a new subsection (4) is added to that
5 section to read:
6 39.202 Confidentiality of reports and records in cases
7 of child abuse or neglect.--
8 (2) Except as provided in subsection (4), access to
9 such records, excluding the name of the reporter which shall
10 be released only as provided in subsection (5)(4), shall be
11 granted only to the following persons, officials, and
12 agencies:
13 (a) Employees, authorized agents, or contract
14 providers of the department, the Department of Health, or
15 county agencies responsible for carrying out:
16 1. Child or adult protective investigations;
17 2. Ongoing child or adult protective services;
18 3. Healthy Start services; or
19 4. Licensure or approval of adoptive homes, foster
20 homes, or child care facilities, or family day care homes or
21 informal child care providers who receive subsidized child
22 care funding, or other homes used to provide for the care and
23 welfare of children.
24
25 Also, employees or agents of the Department of Juvenile
26 Justice responsible for the provision of services to children,
27 pursuant to chapters 984 and 985.
28 (b) Criminal justice agencies of appropriate
29 jurisdiction.
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1 (c) The state attorney of the judicial circuit in
2 which the child resides or in which the alleged abuse or
3 neglect occurred.
4 (d) The parent or legal custodian of any child who is
5 alleged to have been abused, abandoned, or neglected, and the
6 child, and their attorneys, including any attorney
7 representing a child in civil or criminal proceedings. This
8 access shall be made available no later than 30 days after the
9 department receives the initial report of abuse, neglect, or
10 abandonment. However, any information otherwise made
11 confidential or exempt by law shall not be released pursuant
12 to this paragraph.
13 (e) Any person alleged in the report as having caused
14 the abuse, abandonment, or neglect of a child. This access
15 shall be made available no later than 30 days after the
16 department receives the initial report of abuse, abandonment,
17 or neglect and, when the alleged perpetrator is not a parent,
18 shall be limited to information involving the protective
19 investigation only and shall not include any information
20 relating to subsequent dependency proceedings. However, any
21 information otherwise made confidential or exempt by law shall
22 not be released pursuant to this paragraph.
23 (f) A court upon its finding that access to such
24 records may be necessary for the determination of an issue
25 before the court; however, such access shall be limited to
26 inspection in camera, unless the court determines that public
27 disclosure of the information contained therein is necessary
28 for the resolution of an issue then pending before it.
29 (g) A grand jury, by subpoena, upon its determination
30 that access to such records is necessary in the conduct of its
31 official business.
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1 (h) Any appropriate official of the department
2 responsible for:
3 1. Administration or supervision of the department's
4 program for the prevention, investigation, or treatment of
5 child abuse, abandonment, or neglect, or abuse, neglect, or
6 exploitation of a vulnerable adult, when carrying out his or
7 her official function;
8 2. Taking appropriate administrative action concerning
9 an employee of the department alleged to have perpetrated
10 child abuse, abandonment, or neglect, or abuse, neglect, or
11 exploitation of a vulnerable adult; or
12 3. Employing and continuing employment of personnel of
13 the department.
14 (i) Any person authorized by the department who is
15 engaged in the use of such records or information for bona
16 fide research, statistical, or audit purposes. Such individual
17 or entity shall enter into a privacy and security agreement
18 with the department and shall comply with all laws and rules
19 governing the use of such records and information for research
20 and statistical purposes. Information identifying the subjects
21 of such records or information shall be treated as
22 confidential by the researcher and shall not be released in
23 any form.
24 (j) The Division of Administrative Hearings for
25 purposes of any administrative challenge.
26 (k) Any appropriate official of a Florida advocacy
27 council investigating a report of known or suspected child
28 abuse, abandonment, or neglect; the Auditor General or the
29 Office of Program Policy Analysis and Government
30 Accountability for the purpose of conducting audits or
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1 examinations pursuant to law; or the guardian ad litem for the
2 child.
3 (l) Employees or agents of an agency of another state
4 that has comparable jurisdiction to the jurisdiction described
5 in paragraph (a).
6 (m) The Public Employees Relations Commission for the
7 sole purpose of obtaining evidence for appeals filed pursuant
8 to s. 447.207. Records may be released only after deletion of
9 all information which specifically identifies persons other
10 than the employee.
11 (n) Employees or agents of the Department of Revenue
12 responsible for child support enforcement activities.
13 (o) Any person in the event of the death of a child
14 determined to be a result of abuse, abandonment, or neglect.
15 Information identifying the person reporting abuse,
16 abandonment, or neglect shall not be released. Any information
17 otherwise made confidential or exempt by law shall not be
18 released pursuant to this paragraph.
19 (p) Employees or agents of school boards, public
20 schools, private schools, and charter schools, or other
21 educational institutions.
22 (4) Notwithstanding any other provision of law, when a
23 child under investigation or supervision of the department or
24 its contracted service providers is determined to be missing,
25 the following shall apply:
26 (a) The department may release the following
27 information to the public when it believes the release of the
28 information is likely to assist efforts in locating the child
29 or to promote the safety or well-being of the child:
30 1. The name of the child and the child's date of
31 birth;
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1 2. A physical description of the child, including at a
2 minimum the height, weight, hair color, eye color, gender, and
3 any identifying physical characteristics of the child; and
4 3. A photograph of the child.
5 (b) With the concurrence of the law enforcement agency
6 primarily responsible for investigating the incident, the
7 department may release any additional information it believes
8 likely to assist efforts in locating the child or to promote
9 the safety or well-being of the child.
10 (c) The law enforcement agency primarily responsible
11 for investigating the incident may release any information
12 received from the department regarding the investigation, if
13 it believes the release of the information is likely to assist
14 efforts in locating the child or to promote the safety or
15 well-being of the child.
16
17 The good-faith publication or release of this information by
18 the department, a law enforcement agency, or any recipient of
19 the information as specifically authorized by this subsection
20 shall not subject the person, agency or entity releasing the
21 information to any civil or criminal penalty. This subsection
22 does not authorize the release of the name of the reporter,
23 which may be released only as provided in subsection (5).
24 Section 2. Section 39.0136, Florida Statutes, is
25 created to read:
26 39.0136 Security background investigations.--
27 (1) The department shall conduct security background
28 investigations for any relative or nonrelative caregiver who
29 is not a licensed foster or shelter parent and who is being
30 considered for placement of a child subject to the provisions
31 of this chapter. The security background investigation shall
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1 include all persons over the age of 12 residing in the home of
2 the potential caregiver.
3 (2) For the purposes of this section, security
4 background investigations shall include, but not be limited
5 to, fingerprinting for all purposes and checks in this
6 subsection, statewide criminal and juvenile records checks
7 through the Florida Department of Law Enforcement and the
8 Florida Department of Juvenile Justice, national criminal
9 records checks through the Federal Bureau of Investigation,
10 and local criminal records checks through local law
11 enforcement agencies. For children over the age of 12, the
12 security background investigation shall be limited to
13 statewide criminal and juvenile records checks through the
14 Florida Department of Law Enforcement and local criminal
15 records checks through local law enforcement agencies.
16 (3) When fingerprinting is required under this section
17 and a placement decision is being made under exigent
18 circumstances, the placement may be made based on the results
19 of a national name check through the National Crime
20 Information Center, so long as the required fingerprint
21 information is provided to the Federal Bureau of Investigation
22 within the timeframe established by the Federal Government
23 after placement of the child.
24 (4) The security background investigations under this
25 section must ensure that no person over the age of 12 residing
26 in the home of a relative or nonrelative with whom a child is
27 to be placed has been found guilty of, regardless of
28 adjudication, or entered a plea of nolo contendere or guilty
29 to, any felony offense prohibited under any of the following
30 provisions of the Florida Statutes or under any similar
31 statute of another jurisdiction at any time:
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1 (a) Section 782.04, relating to murder.
2 (b) Section 782.07, relating to manslaughter,
3 aggravated manslaughter of an elderly person or disabled
4 adult, or aggravated manslaughter of a child.
5 (c) Section 794.011, relating to sexual battery.
6 (d) Former s. 794.041, relating to prohibited act of
7 persons in familial or custodial authority.
8 (e) Section 796.03, relating to procuring a person
9 under the age of 18 for prostitution.
10 (f) Section 800.04, relating to lewd or lascivious
11 offenses committed upon or in the presence of persons less
12 than 16 years of age.
13 (g) Section 827.03, relating to child abuse,
14 aggravated child abuse, or neglect of a child.
15 (h) Section 827.04(3), relating to the impregnation of
16 a child under the age of 16 by a person over the age of 21.
17 (i) Former s. 827.05, relating to negligent treatment
18 of children.
19 (j) Section 827.071, relating to sexual performance by
20 a child.
21 (k) Section 847.0135, relating to computer
22 pornography.
23 (l) Section 847.0145, relating to selling or buying of
24 minors.
25 (m) Any statute creating a felony offense relating to
26 domestic violence as defined in s. 741.28.
27 (n) Section 784.021, relating to aggravated assault.
28 (o) Section 784.045, relating to aggravated battery.
29 (5) The security background investigations under this
30 section must ensure that no person over the age of 12 residing
31 in the home of a relative or nonrelative with whom a child is
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1 to be placed has been found guilty of, regardless of
2 adjudication, or entered a plea of nolo contendere or guilty
3 to, any felony offense prohibited under any of the following
4 provisions of the Florida Statutes or under any similar
5 statute of another jurisdiction and the offense was committed
6 within the previous 5 years:
7 (a) Section 893.13, relating to prohibited acts (drug
8 abuse).
9 (b) Section 893.149, relating to the unlawful
10 possession of listed chemicals.
11 (c) Chapter 837, relating to perjury.
12 (d) Section 831.01, relating to forgery.
13 (e) Section 414.39, relating to public assistance
14 fraud.
15 (6) If the security background investigation of a
16 relative or nonrelative being considered for placement of a
17 child reveals any misdemeanor conviction, any findings of
18 delinquency, or any felony conviction, this information shall
19 be recorded in the record of the investigation and shall be
20 considered as a part of the risk assessment that is used to
21 determine the appropriate placement for the child.
22 (7) All information concerning any person with whom
23 the child is placed which was obtained through the security
24 background investigation shall be presented to the court at
25 the shelter hearing. All information from the Federal Bureau
26 of Investigation and any information that has been sealed or
27 any reference to the existence of expunged information may be
28 shared only with the court in an inspection in camera.
29 (8) Any caregiver who becomes aware of a person
30 becoming a household member of a household where a child is
31 placed must, within 5 days after that person has become a
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1 household member, submit to the department the information
2 necessary to conduct a screening under this section.
3 Section 3. Paragraph (c) of subsection (9) of section
4 39.301, Florida Statutes, is amended to read:
5 39.301 Initiation of protective investigations.--
6 (9) For each report it receives, the department shall
7 perform an onsite child protective investigation that includes
8 a face-to-face interview with the child, other siblings,
9 parents, and other adults in the household and an onsite
10 assessment of the child's residence in order to:
11 (c) Determine the immediate and long-term risk to each
12 child by conducting a security background check as provided in
13 s. 39.0136 state and federal records checks, including, when
14 feasible, the records of the Department of Corrections, on the
15 parents, legal custodians, or caregivers, and any other
16 persons in the same household. This information shall be used
17 solely for purposes supporting the detection, apprehension,
18 prosecution, pretrial release, posttrial release, or
19 rehabilitation of criminal offenders or persons accused of the
20 crimes of child abuse, abandonment, or neglect and shall not
21 be further disseminated or used for any other purpose. The
22 department's child protection investigators are hereby
23 designated a criminal justice agency for the purpose of
24 accessing criminal justice information to be used for
25 enforcing this state's laws concerning the crimes of child
26 abuse, abandonment, and neglect.
27 Section 4. Subsection (3) of section 39.401, Florida
28 Statutes, is amended to read:
29 39.401 Taking a child alleged to be dependent into
30 custody; law enforcement officers and authorized agents of the
31 department.--
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1 (3) If the child is taken into custody by, or is
2 delivered to, an authorized agent of the department, the
3 authorized agent shall review the facts supporting the removal
4 with an attorney representing the department. The purpose of
5 this review shall be to determine whether probable cause
6 exists for the filing of a shelter petition. If the facts are
7 not sufficient to support the filing of a shelter petition,
8 the child shall immediately be returned to the custody of the
9 parent or legal custodian. If the facts are sufficient to
10 support the filing of the shelter petition and the child has
11 not been returned to the custody of the parent or legal
12 custodian, the department shall file the petition and schedule
13 a hearing, and the attorney representing the department shall
14 request that a shelter hearing be held as quickly as possible,
15 not to exceed 24 hours after the removal of the child. While
16 awaiting the shelter hearing, the authorized agent of the
17 department may place the child in licensed shelter care or may
18 release the child to a parent or legal custodian or
19 responsible adult relative who shall be given priority
20 consideration over a licensed placement, or a responsible
21 adult approved by the department when this is in the best
22 interests of the child. Any placement of a child which is not
23 in a licensed shelter must be preceded by a security
24 background investigation, as described in s. 39.0136 local and
25 state criminal records check, as well as a search of the
26 department's automated abuse information system, on all
27 members of the household, to assess the child's safety within
28 the home. In addition, the department may authorize placement
29 of a housekeeper/homemaker in the home of a child alleged to
30 be dependent until the parent or legal custodian assumes care
31 of the child.
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1 Section 5. Paragraphs (k) and (r) of subsection (2) of
2 section 39.521, Florida Statutes, are amended to read:
3 39.521 Disposition hearings; powers of disposition.--
4 (2) The predisposition study must provide the court
5 with the following documented information:
6 (k) A Florida Abuse Hotline Information System (FAHIS)
7 history and criminal records check as provided for in s.
8 39.0136 for all caregivers, family members, and individuals
9 residing within the household from which the child was
10 removed.
11 (r) If the child has been removed from the home and
12 will be remaining with a relative or other adult approved by
13 the court, a home study report concerning the proposed
14 placement shall be included in the predisposition report.
15 Prior to recommending to the court any out-of-home placement
16 for a child other than placement in a licensed shelter or
17 foster home, the department shall conduct a study of the home
18 of the proposed legal custodians, which must include, at a
19 minimum:
20 1. An interview with the proposed legal custodians to
21 assess their ongoing commitment and ability to care for the
22 child.
23 2. Records checks through the Florida Abuse Hotline
24 Information System (FAHIS), and a security background
25 investigation as provided for in s. 39.0136 local and
26 statewide criminal and juvenile records checks through the
27 Department of Law Enforcement, on all household members 12
28 years of age or older and any other persons made known to the
29 department who are frequent visitors in the home.
30 Out-of-state criminal records checks must be initiated for any
31 individual designated above who has resided in a state other
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1 than Florida provided that state's laws allow the release of
2 these records. The out-of-state criminal records must be filed
3 with the court within 5 days after receipt by the department
4 or its agent.
5 3. An assessment of the physical environment of the
6 home.
7 4. A determination of the financial security of the
8 proposed legal custodians.
9 5. A determination of suitable child care arrangements
10 if the proposed legal custodians are employed outside of the
11 home.
12 6. Documentation of counseling and information
13 provided to the proposed legal custodians regarding the
14 dependency process and possible outcomes.
15 7. Documentation that information regarding support
16 services available in the community has been provided to the
17 proposed legal custodians.
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19 The department shall not place the child or continue the
20 placement of the child in a home under shelter or
21 postdisposition placement if the results of the home study are
22 unfavorable, unless the court finds that this placement is in
23 the child's best interest.
24
25 Any other relevant and material evidence, including other
26 written or oral reports, may be received by the court in its
27 effort to determine the action to be taken with regard to the
28 child and may be relied upon to the extent of its probative
29 value, even though not competent in an adjudicatory hearing.
30 Except as otherwise specifically provided, nothing in this
31 section prohibits the publication of proceedings in a hearing.
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1 Section 6. Present subsections (8) and (9) of section
2 39.811, Florida Statutes, are renumbered as subsections (9)
3 and (10), respectively, and a new subsection (8) is added to
4 that section, to read:
5 39.811 Powers of disposition; order of disposition.--
6 (8) Any person considered for placement for adoption
7 of a child under this chapter must meet the screening
8 requirements set forth in s. 39.0136.
9 Section 7. Subsection (3) of section 63.092, Florida
10 Statutes, is amended to read:
11 63.092 Report to the court of intended placement by an
12 adoption entity; at-risk placement; preliminary study.--
13 (3) PRELIMINARY HOME STUDY.--Before placing the minor
14 in the intended adoptive home, a preliminary home study must
15 be performed by a licensed child-placing agency, a
16 child-caring agency registered under s. 409.176, a licensed
17 professional, or agency described in s. 61.20(2), unless the
18 petitioner is a stepparent, a spouse of the parent, or a
19 relative. The preliminary study shall be completed within 30
20 days after the receipt by the court of the adoption entity's
21 report, but in no event may the minor be placed in the
22 prospective adoptive home prior to the completion of the
23 preliminary study unless ordered by the court. If the
24 petitioner is a stepparent, a spouse of the parent, or a
25 relative, the preliminary home study may be required by the
26 court for good cause shown. The department is required to
27 perform the preliminary home study only if there is no
28 licensed child-placing agency, child-caring agency registered
29 under s. 409.176, licensed professional, or agency described
30 in s. 61.20(2), in the county where the prospective adoptive
31 parents reside. The preliminary home study must be made to
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1 determine the suitability of the intended adoptive parents and
2 may be completed prior to identification of a prospective
3 adoptive minor. A favorable preliminary home study is valid
4 for 1 year after the date of its completion. Upon its
5 completion, a copy of the home study must be provided to the
6 intended adoptive parents who were the subject of the home
7 study. A minor may not be placed in an intended adoptive home
8 before a favorable preliminary home study is completed unless
9 the adoptive home is also a licensed foster home under s.
10 409.175. The preliminary home study must include, at a
11 minimum:
12 (a) An interview with the intended adoptive parents;
13 (b) Records checks of the department's central abuse
14 hotline registry and criminal records correspondence checks
15 pursuant to s. 435.03 s. 435.045 through the Department of Law
16 Enforcement on the intended adoptive parents;
17 (c) An assessment of the physical environment of the
18 home;
19 (d) A determination of the financial security of the
20 intended adoptive parents;
21 (e) Documentation of counseling and education of the
22 intended adoptive parents on adoptive parenting;
23 (f) Documentation that information on adoption and the
24 adoption process has been provided to the intended adoptive
25 parents;
26 (g) Documentation that information on support services
27 available in the community has been provided to the intended
28 adoptive parents; and
29 (h) A copy of each signed acknowledgment required by
30 s. 63.085.
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1 If the preliminary home study is favorable, a minor may be
2 placed in the home pending entry of the judgment of adoption.
3 A minor may not be placed in the home if the preliminary home
4 study is unfavorable. If the preliminary home study is
5 unfavorable, the adoption entity may, within 20 days after
6 receipt of a copy of the written recommendation, petition the
7 court to determine the suitability of the intended adoptive
8 home. A determination as to suitability under this subsection
9 does not act as a presumption of suitability at the final
10 hearing. In determining the suitability of the intended
11 adoptive home, the court must consider the totality of the
12 circumstances in the home. No minor may be placed in a home in
13 which there resides any person determined by the court to be a
14 sexual predator as defined in s. 775.21 or to have been
15 convicted of an offense listed in s. 63.089(4)(b)2.
16 Section 8. Section 435.12, Florida Statutes, is
17 created to read:
18 435.12 Background screening; what covered.--Background
19 screening shall consider all offenses committed by an
20 employee, regardless of the date of commission of the offense.
21 Section 9. Section 409.017, Florida Statutes, is
22 created to read:
23 409.017 Background screening for foster parents.--
24 (1) The department shall conduct security background
25 investigations for any person being considered by the
26 department for licensure as a foster parent. This
27 investigation shall be completed before the person may be
28 licensed as a foster parent and before a child is placed with
29 the prospective foster parent. The screening shall include any
30 person over the age of 12 residing in the home.
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1 (2) For the purposes of this section, security
2 background investigations shall include, but not be limited
3 to, fingerprinting for all purposes and checks in this
4 subsection, statewide criminal and juvenile records checks
5 through the Florida Department of Law Enforcement, national
6 criminal records checks through the Federal Bureau of
7 Investigation, and local criminal records check through local
8 law enforcement agencies. For children over the age of 12, the
9 security background investigation shall be limited to
10 statewide criminal and juvenile records checks through the
11 Florida Department of Law Enforcement and local criminal
12 records checks through local law enforcement agencies.
13 (3) For purposes of this section, offenses that would
14 otherwise be disqualifying are not disqualifying if committed
15 by a current or former foster child before the 18th birthday
16 of the child.
17 (4) The security background investigations under this
18 section must ensure that no foster parent licensed by the
19 state or person residing in a foster home, with the exception
20 of current or former foster children as specified in
21 subsection (3), has been found guilty of, regardless of
22 adjudication, or entered a plea of nolo contendere or guilty
23 to, any felony offense prohibited under any of the following
24 provisions of the Florida Statutes or under any similar
25 statute of another jurisdiction at any time:
26 (a) Section 782.04, relating to murder.
27 (b) Section 782.07, relating to manslaughter,
28 aggravated manslaughter of an elderly person or disabled
29 adult, or aggravated manslaughter of a child.
30 (c) Section 794.011, relating to sexual battery.
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1 (d) Former s. 794.041, relating to prohibited act of
2 persons in familial or custodial authority.
3 (e) Section 796.03, relating to procuring a person
4 under the age of 18 for prostitution.
5 (f) Section 800.04, relating to lewd or lascivious
6 offenses committed upon or in the presence of persons less
7 than 16 years of age.
8 (g) Section 827.03, relating to child abuse,
9 aggravated child abuse, or neglect of a child.
10 (h) Section 827.04(3), relating to the impregnation of
11 a child under the age of 16 by a person over the age of 21.
12 (i) Former s. 827.05, relating to negligent treatment
13 of children.
14 (j) Section 827.071, relating to sexual performance by
15 a child.
16 (k) Section 847.0135, relating to computer
17 pornography.
18 (l) Section 847.0145, relating to selling or buying of
19 minors.
20 (m) Any statute creating a felony offense relating to
21 domestic violence as defined in s. 741.28.
22 (n) Section 784.021, relating to aggravated assault.
23 (o) Section 784.045, relating to aggravated battery.
24 (5) The security background investigations under this
25 section must ensure that no foster parent licensed by the
26 state or person residing in a foster home, with the exception
27 of current or former foster children as specified in
28 subsection (3), has been found guilty of, regardless of
29 adjudication, or entered a plea of nolo contendere or guilty
30 to, any felony offense prohibited under any of the following
31 provisions of the Florida Statutes or under any similar
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1 statute of another jurisdiction and the offense was committed
2 within the previous 5 years:
3 (a) Section 893.13, relating to prohibited acts (drug
4 abuse).
5 (b) Section 893.149, relating to the unlawful
6 possession of listed chemicals.
7 (c) Chapter 837, relating to perjury.
8 (d) Section 831.01, relating to forgery.
9 (e) Section 414.39, relating to public assistance
10 fraud.
11 (6) If the security background investigation of a
12 person seeking licensure as a foster parent or any person
13 residing in the home, with the exception of current or former
14 foster children, reveals any findings of delinquency, any
15 misdemeanor conviction, or any felony conviction, this
16 information shall be considered as a part of the determination
17 as to whether to issue a foster care license to the applicant
18 or to revoke a foster care license. In addition, any offenses
19 which would otherwise be disqualifying but which are not
20 disqualifying as a result of subsection (3) shall be
21 considered as a part of the determination as to whether to
22 issue a foster care license to the applicant or revoke a
23 foster care license.
24 (7) The security background investigation of a
25 prospective foster parent must ensure that the previous
26 licensing of any prospective foster parent and any information
27 relevant to such previous license is considered in deciding
28 whether or not to issue a foster care license.
29 (8) Persons who are licensed as foster parents shall
30 be rescreened pursuant to this section no less frequently than
31 upon each application for relicensing. The rescreening must
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1 include, at a minimum, statewide criminal records checks
2 through the Florida Department of Law Enforcement and local
3 criminal records checks through local law enforcement
4 agencies. The department may by rule provide for more frequent
5 rescreening.
6 (9) The licensee is responsible for ensuring that any
7 person becoming a member of the household of a licensed foster
8 home submits to the department, within 5 days after becoming a
9 household member, the information necessary to conduct a
10 screening under this section.
11 Section 10. Paragraphs (i) and (k) of subsection (2)
12 of section 409.175, Florida Statutes, are amended to read:
13 409.175 Licensure of family foster homes, residential
14 child-caring agencies, and child-placing agencies.--
15 (2) As used in this section, the term:
16 (i) "Personnel" means all owners, operators,
17 employees, and volunteers working in a child-placing agency,
18 family foster home, or residential child-caring agency who may
19 be employed by or do volunteer work for a person, corporation,
20 or agency which holds a license as a child-placing agency or a
21 residential child-caring agency, but the term does not include
22 those who do not work on the premises where child care is
23 furnished and either have no direct contact with a child or
24 have no contact with a child outside of the presence of the
25 child's parent or guardian. For purposes of screening, the
26 term shall include any member, over the age of 12 years, of
27 the family of the owner or operator or any person other than a
28 client, over the age of 12 years, residing with the owner or
29 operator if the agency or family foster home is located in or
30 adjacent to the home of the owner or operator or if the family
31 member of, or person residing with, the owner or operator has
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1 any direct contact with the children. Members of the family of
2 the owner or operator, or persons residing with the owner or
3 operator, who are between the ages of 12 years and 18 years
4 shall not be required to be fingerprinted, but shall be
5 screened for delinquency records. For purposes of screening,
6 the term "personnel" shall also include owners, operators,
7 employees, and volunteers working in summer day camps, or
8 summer 24-hour camps providing care for children. A volunteer
9 who assists on an intermittent basis for less than 40 hours
10 per month shall not be included in the term "personnel" for
11 the purposes of screening, provided that the volunteer is
12 under direct and constant supervision by persons who meet the
13 personnel requirements of this section.
14 (k) "Screening" means the act of assessing the
15 background of personnel and includes, but is not limited to,
16 employment history checks as provided in chapter 435, using
17 the level 2 standards for screening set forth in that chapter.
18 Screening for employees and volunteers in summer day camps and
19 summer 24-hour camps and screening for all volunteers included
20 under the definition of "personnel" shall be conducted as
21 provided in chapter 435, using the level 1 standards set forth
22 in that chapter.
23 Section 11. Section 409.177, Florida Statutes, is
24 created to read:
25 409.177 Background screening for personnel of
26 child-placing agencies and residential child-caring agencies
27 providing care for children.--
28 (1) The department must conduct criminal records
29 checks equivalent to the level 2 screening requirement of s.
30 435.04 for the following persons:
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1 (a) The personnel of any child-caring or child-placing
2 agency.
3 (b) Any person other than a client over the age of 12
4 years residing with the owner or operator of a child-placing
5 agency or residential child-caring agency if the agency is
6 located in or adjacent to the home of the owner or operator or
7 if the person residing with the owner or operator has any
8 direct contact with the children.
9
10 For children over the age of 12 residing with the owner or
11 operator, the security background investigation shall be
12 limited to statewide criminal and juvenile records checks
13 through the Florida Department of Law Enforcement and local
14 criminal records checks through local law enforcement
15 agencies.
16 (2) When the department has reasonable cause to
17 believe that grounds exist for the denial of a license or
18 exclusion from employment based on the screening required by
19 this section, it shall follow the provisions of s. 435.06.
20 (3) Exemptions from disqualification may be granted,
21 at the discretion of the department, as provided in section
22 435.07.
23 Section 12. Section 409.1759, Florida Statutes, is
24 created to read:
25 409.1759 Background screening for summer day camps and
26 summer 24-hour camps.--
27 (1) Operators, owners, employees, and volunteers of
28 summer day camps and summer 24-hour camps must obtain criminal
29 records checks equivalent to the level 1 screening requirement
30 of s. 435.03.
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1 (2) A volunteer who assists on an intermittent basis
2 for less than 40 hours per month is not required to be
3 screened if the volunteer is under direct and constant
4 supervision by persons who have been screened pursuant to this
5 section.
6 Section 13. Subsection (1) of section 435.07, Florida
7 Statutes, is amended to read:
8 435.07 Exemptions from disqualification.--Unless
9 otherwise provided by law, the provisions of this section
10 shall apply to exemptions from disqualification.
11 (1) The appropriate licensing agency may grant to any
12 employee otherwise disqualified from employment an exemption
13 from disqualification for:
14 (a) Felonies committed more than 5 3 years prior to
15 the date of disqualification;
16 (b) Misdemeanors prohibited under any of the Florida
17 Statutes cited in this chapter or under similar statutes of
18 other jurisdictions;
19 (c) Offenses that were felonies when committed but are
20 now misdemeanors;
21 (d) Findings of delinquency; or
22 (e) Commissions of acts of domestic violence as
23 defined in s. 741.30.
24
25 For the purposes of this subsection, the term "felonies" means
26 both felonies prohibited under any of the Florida Statutes
27 cited in this chapter or under similar statutes of other
28 jurisdictions.
29 Section 14. Section 435.13, Florida Statutes, is
30 created to read:
31 435.13 Rescreening.--
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1 (1) A screening conducted under this chapter is valid
2 for 5 years, at which time a statewide rescreening must be
3 conducted. The 5-year rescreening must include, at a minimum,
4 statewide criminal records checks through the Florida
5 Department of Law Enforcement.
6 (2) In addition, a person must be rescreened following
7 a break in service which exceeds 90 days. A person in this
8 category must undergo the same level of screening which was
9 required prior to the break in service.
10 (3) The employer may grant a leave of absence to an
11 employee for military leave, maternity leave, medical leave,
12 or family sickness leave for a period not exceeding 6 months.
13 In such a case, if the leave was preapproved, rescreening is
14 not required unless the 5-year rescreening has become due
15 while the employee is absent.
16 (4) Teachers and noninstructional personnel who have
17 undergone fingerprinting pursuant to chapter 231, who have not
18 been unemployed for more than 90 days following the
19 fingerprinting, and who attest to completing such
20 fingerprinting and to compliance with this section need not be
21 refingerprinted in order to comply with the screening or
22 fingerprinting requirements for caretakers.
23 (5) Records received from the Federal Bureau of
24 Investigation and the Florida Department of Law Enforcement
25 shall be retained by the department for the earlier of either
26 5 years or 90 days after termination from employment.
27 Section 15. Sections 409.1757 and 435.045, Florida
28 Statutes, are repealed.
29 Section 16. This act shall take effect July 1, 2003.
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2 SENATE SUMMARY
3 Authorizes the Department of Children and Family
Services, and the law enforcement agency primarily
4 responsible for investigating the case, to release
certain identifying information concerning a missing
5 dependent child when it is believed that releasing the
information will assist in locating the child or will
6 promote the child's safety or well-being. Revises
standards that must be met by relative or nonrelative
7 caregivers or foster parents of dependent children.
Provides for background screening with respect to child
8 protective investigations, placement of children,
providing information to the court, prospective adoptive
9 parents, licensure as a foster home, child-placing and
child-caring agencies, and summer camp personnel. (See
10 bill for details.)
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