Categories
AHCA Background Screening APD Background Screening CDC+ Program Background Screening DCF Background Screening

**IMPORTANT NOTICE** Clearinghouse ORI for Department of Children and Families – July 5, 2015 – ACTIVE

From: BGS_SUPPORT [mailto:BGS_SUPPORT@ahca.myflorida.com]
Sent: Monday, July 06, 2015 10:24 AM
Subject: **IMPORTANT NOTICE** Clearinghouse ORI for Department of Children and Families – July 5, 2015 – ACTIVE

 

Good Morning Livescan Vendors and Providers:

 

Thank you for working with the Agency for Health Care Administration to provide Clearinghouse compliant fingerprint services to specified agency providers and applicants in the Clearinghouse.

 

The below ORI have now been activated.

ORI Number Provider Group Cost to FDLE Activation Date
EDCFGN10Z DCF General $46.75 July 5, 2015

 

The following pre-Clearinghouse DCF/APD ORI numbers are now de-activated:

FL921751Z FL921761Z
FL921771Z FL921781Z
FL921791Z FL921801Z
FL921811Z FL921821Z
FL921831Z FL921841Z
FL921851Z FL921911Z
FL921921Z FL921931Z
FL923341Z  
   

 

All DCF and APD providers are required to register applicants on the Clearinghouse website prior to screening; this will create a Screening ID, or Screening Request ID, for use by Livescan vendors and providers.  The new ORI(s) will be passed to the Livescan vendor/service provider in the ApplicantInfoGetResponse if an appointment is scheduled via the Clearinghouse website. 

 

Any submissions under the new ORI(s) should be accompanied by a photograph if the individual wants their screening entered into the Clearinghouse; the photo should be submitted to the Clearinghouse via the standard web service.

 

A complete listing of Clearinghouse ORIs is attached.  Please contact us at the information listed below with any questions.

 

Please contact us at the information listed below with any questions.

 

Thank you,

 

Background Screening Clearinghouse Support

Agency for Health Care Administration

2727 Mahan Drive, MS #40

Tallahassee, FL  32308

BGS_Support@ahca.myflorida.com  

 

 

Clearinghouse ORI Agency Profession/Provider Type Date Activated
EAHCA020Z AHCA All January 1, 2013
EDOH0380Z DOH *Certified Nursing Assistant by Exam January 1, 2013
EDOH2014Z DOH *Physician/Medical Doctor January 1, 2013
EDOH2015Z DOH *Osteopathic Physician January 1, 2013
EDOH2016Z DOH *Chiropractic Physician January 1, 2013
EDOH2017Z DOH *Podiatric Physician January 1, 2013
EDOH2550Z DOH *RN/LPN by Exam – Initial January 1, 2013
EDOH3451Z DOH *Orthotist & Prosthetist January 1, 2013
EDOH4400Z DOH C.N.A by Reciprocity January 1, 2013
EDOH4410Z DOH LPN by Endorsement January 1, 2013
EDOH4420Z DOH RN by Endorsement January 1, 2013
EDOH4500Z DOH Acupuncture January 1, 2013
EDOH4510Z DOH Anestesiologist Assistant January 1, 2013
EDOH4520Z DOH Athletic Training January 1, 2013
EDOH4530Z DOH Clinical Lab Personnel January 1, 2013
EDOH4540Z DOH Clinical Nurse Specialist January 1, 2013
EDOH4550Z DOH Clinical Social Work, Marriage & Family, Mental Health Counseling January 1, 2013
EDOH4560Z DOH Dentistry January 1, 2013
EDOH4570Z DOH Dietetics/Nutrition January 1, 2013
EDOH4580Z DOH Electrolysis January 1, 2013
EDOH4590Z DOH Hearing Aid Specialist January 1, 2013
EDOH4600Z DOH Massage Therapy January 1, 2013
EDOH4610Z DOH Medical Physicist January 1, 2013
EDOH4620Z DOH Midwifery January 1, 2013
EDOH4630Z DOH Naturopath January 1, 2013
EDOH4640Z DOH Nursing Home Administrator January 1, 2013
EDOH4650Z DOH Occupational Therapy January 1, 2013
EDOH4660Z DOH Opticianry January 1, 2013
EDOH4670Z DOH Optometry January 1, 2013
EDOH4680Z DOH Pharmacist January 1, 2013
EDOH4690Z DOH Physical Therapy January 1, 2013
EDOH4700Z DOH Physician Assistant January 1, 2013
EDOH4710Z DOH Psychology January 1, 2013
EDOH4720Z DOH Respiratory Care January 1, 2013
EDOH4730Z DOH School Psychology January 1, 2013
EDOH4740Z DOH Speech/Language Pathology January 1, 2013
EAHCA790Z Managed Care All September 5, 2013
EDOEVR100 Vocational Rehabilitation Vendor Registration Employee July 9, 2014
VDOEVR100 Vocational Rehabilitation Vendor Registration Volunteer July 9, 2014
EDOEVR200 Vocational Rehabilitation Independent Living Employee July 9, 2014
VDOEVR200 Vocational Rehabilitation Independent Living Volunteer July 9, 2014
EAHCA013Z Medicaid Florida Medicaid Providers and Enrollees March 1, 2015
EDCFSC30Z DCF DCF Summer Camp Providers March 2, 2015
EDCFMH20Z DCF DCF Mental Health Providers April 20, 2015
EDCFGN10Z DCF DCF General July 6, 2015
EAPDGN10Z APD APD General May 25, 2015
EAPDFC20Z APD APD CDC May 25, 2015
Categories
APD Background Screening DCF Background Screening

Background Screening law changes affecting APD providers in the State of Florida

Attention APD Providers,

 

On May 17, 2010, Governor Crist signed House Bill 7069 into law. This law substantially rewrites requirements and procedures for background screening of the persons and businesses that deal primarily with vulnerable populations, including all direct service providers screened pursuant to section 393.0655, Florida Statutes.

 

Key changes made by the bill:

 

• Prohibits any person required to be screened from beginning work until the screening process has been completed.

• Increases all Level 1 screening to Level 2 screening.

• Requires all fingerprints to be submitted through Livescan by July 1, 2012.

• Requires all direct service providers for Agency clients to complete Level 2 background screening.

• Adds additional crimes to the list of disqualifying offenses.

• Provides that any person who has been arrested for a disqualifying offense may not provide direct services to an agency client until final disposition of the alleged offense.

• Authorize agencies to request the retention of fingerprints by the Florida Department of Law Enforcement.

• Provides that an exemption for a disqualifying felony may not be granted until at least three years after the completion of all sentencing sanctions for that felony.

• Requires that all exemptions from disqualification be granted only by the agency head.

 

The following offenses were added to the list of disqualifying offenses for all persons screened pursuant to section 435.04, Florida Statute (F.S).

 

• (m) section 787.025; luring or enticing a child for an unlawful purpose

• (t) section 794.05; unlawful sexual activity with certain minors

• (y) section 810.02; burglary

• (z) section 810.14; voyeurism, if a felony

• (aa) section 810.145; video voyeurism, if a felony, and

• (uu) section 944.40; escape

In addition to the offenses added to 435.04, F.S., the following offenses have been added to the screening requirements of section 393.0655, F.S.:

• (c) section 409.920; relating to Medicaid provider fraud

• (d) section 409.921; relating to Medicaid fraud

• (e) section 817.034; relating to fraudulent acts through mail, wire, radio, electromagnetic, photoelectronic, or photooptical systems

• (f) section 817.234; relating to false and fraudulent insurance claims

• (g) section 817.505; relating to patient brokering

• (h) Section 817.568; relating to criminal use of personal identification information

• (i) section 817.60; relating to obtaining a credit card through fraudulent means

• (j) section 817.61; relating to fraudulent use of credit cards, if the offense was a felony

• (k) section 831.01; relating to forgery

• (l) section 831.02; relating to uttering forged instruments

• (m) section 831.07; relating to forging bank bills, checks, drafts, or promissory notes, and

• (n) section 831.09; relating to uttering forged bank bills, checks, drafts or promissory notes

 

Providers who are currently enrolled are not required to be rescreened until their 5-year rescreening or rescreening is required pursuant to section 393.0655, F.S., section 393.0657, F.S., or chapter 435, F.S. There is a strong possibility that employees and providers that have cleared background screening may present with prior offenses that are now disqualifying. The Agency for Persons with Disabilities will coordinate with the Department of Children and Families to effectively deal with these issues.

 

This change in law takes effect August 1, 2010. If you have any questions or if we can be of any assistance, please contact IDENTICO LLC today. We are FDLE authorized live scan vendor with capacity to fingerprint APD providers in APD Area 15, APD Area 9, APD Area 10 and APD area 11. We work cooperatively with DCF background screening units and assist clients with any questions related to live scan fingerprinting, level 2 background checks and support in communication with DCF screeners.

 

Please contact us today by calling (954) 239-8590 or visit us online at www.myidentico.com. The fee for electronic fingerprinting for APD is only $80.00, just bring your ID and OCA number, and we’ll handle the rest.

 

Sincerely,

IDENTICO LLC.

Categories
APD Background Screening

What to do if FBI Criminal Record Report is Inaccurate?

Answer is simple: Challenge FBI.

 

If you you’ve been denied of job or licensing due to inaccurate Criminal Report from FBI, and  you believe it contains inaccurate or incomplete information, you may request a change or correction by contacting the agency or agencies that submitted the information to the FBI, or you may send a written challenge request to the FBI’s Criminal Justice Information Services (CJIS) Division. The CJIS Division serves as the nation’s central repository and custodian for fingerprints and related criminal history record information. As custodian of such arrest information, the CJIS Division does not have the authority to modify any criminal history record information unless specifically notified to do so by the owner of the information.

 

Missing or Incorrect State (Non-Federal) Information

 

Most states, through agreements with the FBI, require that modification requests be processed through their respective state central repository for criminal history records (state bureau) before submission to the FBI. Several states, however, maintain their own records system, which the FBI accesses for authorized purposes, and record updates are made at the state level only. Contact information specific to each state is provided on the State Identification Bureau listing. You may contact respective state repositories for assistance and, if applicable, request that they provide the FBI with updates to your arrest record data.

 

Missing or Incorrect Federal Information

 

For federal arrest updates, the FBI must receive a request directly from the original arresting agency, from a court with jurisdiction over the arrest data, or from other agency of competent jurisdiction.

 

Challenges Submitted to the FBI

 

You may submit a record challenge to the FBI’s CJIS Division by writing to the following address:

 

FBI CJIS Division
Attention: Correspondence Group
1000 Custer Hollow Road
Clarksburg, WV 26306

 

Your written request should clearly identify the information that you feel is inaccurate or incomplete and should include copies of any available proof or supporting documentation to substantiate your claim. For example, if your disposition information is incorrect or missing, you may submit documentation obtained from the court having jurisdiction over the arrest or the office prosecuting the offense. The Correspondence Group will contact appropriate agencies in an attempt to verify or correct challenged entries for you. Upon receipt of an official communication from the agency with jurisdiction over the data, the FBI will make appropriate changes and notify you of the outcome. Record challenges submitted to the FBI are processed in the order in which they are received.

 

Categories
APD Background Screening

Poor Quality Fingerprints and FBI Name Checks

A name check can be requested when the fingerprints have been rejected twice for image quality by the FBI’s Criminal Justice Information Services (CJIS) Division. The name check is limited to state, federal and regulatory agencies who already have legal authority to submit fingerprints for non-criminal justice purposes.

 

This is what FBI does while Name Check Searches:

 

  • Agency/entity submits name checks to the FBI’s NNCP for processing.
  • Electronic “batch” submissions are searched against the Universal Index (UNI) and the Electronic Case File (ECF) databases. The majority of the batch names are electronically returned as “no record” within 48-72 hours. A “no record” indicates that the databases contain no identifiable information regarding a particular individual. UNI and ECF are searched for main files (files where the name of an individual is the subject of an FBI investigation) and for reference files (files where the name being searched is merely mentioned in an investigation).
  • A secondary manual search of residuals from the batch run identifies an additional number of names as a “no record” response.
  • The remaining paper files and/or electronic files are reviewed to determine if further information can be tied to the subject and if additional analysis is required.
  • Identifiable files are then analyzed for relevant or derogatory information that may be disseminated to the requesting agency/entity. Approximately 1 percent of the requests are determined to contain possible derogatory information. If applicable, the NNCP forwards a summary of the information to the submitting agency/entity.
  • The NNCP has no role in adjudication; it merely reports the results of its search to the requesting agency and that agency determines how the information is used.

 

Please know that fingerprints identification is the method of identification using the impressions made by the minute ridge  formations or patterns found on the fingertips. No two persons have exactly the same arrangement of ridge patterns, and the patterns of any one individual remain unchanged throughout life. Fingerprints offer an infallible means of personal identification. Other personal characteristics may change, but fingerprints do not. However, senior citizens, applicants whose work is in contact with chemicals, alcohol based products, or who has physiological changes may have difficulties while getting fingerprinted due to the poor quality of prints.

 

After first rejection, on the second line of the respond FBI provides requesting agency a TCR# (Transaction Control Number). With that number electronic fingerprinting vendor is capable to submit the second set of prints free of charge within 180 days from the time of first rejection. Only if both sets are rejected by FBI state agencies or VECHS entities may request a name checks.

 

Please contact us today at (954) 239-8590 for more information. We serve entire South Florida by providing quality electronic fingerprinting and drug screening services.

 

Categories
APD Background Screening DCF Background Screening

The answers to questions frequently asked about DCF Level 2 Background Screening

Why does the State conduct background screening of prospective employees?

The law is intended to protect the safety of all vulnerable children and adults we serve.

 

As a current employee of DCF/ APD will I be re-screened?

Not right away. Current employees are not required to be re-screened due to changes in law until they are otherwise required to be re-screened.

 

Where can I find my ORI and OCA numbers?

You need to contact your regional coordinator to obtain those numbers. A list of regional contacts is located on the DCF background screening web site under quick links.

 

When do the new guidelines requiring “clearance” prior to filling a position take effect?

August 1, 2010

 

What is the major impact of the new fingerprinting and screening law?

The major difference is effective, August 1, 2010, individuals, may no longer begin work until they have been screened and have received clearance from the Department.

 

Who must be screened?

Staff and volunteers working in programs that provide services to the developmentally disabled, mental health programs, substance abuse programs, child care centers, residential child caring agency and child placing agency, summer camps and programs contracted to DCF that serve children.

 

Who Should be Screened?

 

Statute Regulatory Agency Group Subject to Screening
39 DCF Persons considered for placement of dependent children
39, 402, 409 DCF Employees that serve children, child care facility, family day care home, family foster home, residential child caring agency, child placing agency, summer day and 24 hour camp owners or operators, employees and volunteers that work over 10 hours a month.
393 DCF, APD Any direct care provider, 18 years of age or older who has direct face-to-face contact with a client while providing services to the client or has access to a client’s living areas or to a client’s funds or personal property.
394, 408 DCF Employees within mental health facilities and employees providing care for children and adults – directors, professional clinicians, staff members and volunteers
395 DCF, APD For unlicensed staff, such as dietary and custodial staff, who work in a licensed general hospital, pursuant to Ch. 395, F.S., whose duties require them to work within the psychiatric unit/ward of the hospital, these staff and volunteers are required to comply with Level 2 background screening requirements. These unlicensed staff would meet the definition of “Mental Health Personnel” according to s. 394.4572 (1) (a), F.S. and must comply with the background screening requirements in Ch. 435 and 408, F.S. They would also be required to comply with any other screening provisions applicable to Chapter 395, F.S.”
397 DCF All owners, directors, and chief financial officers of service providers. All service provider personnel who have direct contact with children receiving services or with adults who are developmentally disabled receiving services. Members of a foster family and persons residing with the foster family who are over the age of 18. A volunteer who assists on an intermittent basis that totals 40 or more hours per month.
984, 985, 435 DCF, DJJ Juvenile delinquency program employees providing care for children

 

What happens if a current employee who at the time of their original screening, did not have a disqualifying offense under Ch. 435, F.S., is re-screened and the rescreening discloses a disqualifying offense under Ch. 435 or 408 (if applicable)?

 

All employees should be re-screened at their regularly scheduled re-screening date. At that time, if the rescreening discloses a disqualifying offense the employee would be disqualified and would need to seek an exemption to be eligible to continue working in any position that requires background screening.

 

After selecting an applicant for a position when will they be able to report for duty?

 

Effective August 1, 2010, applicants cannot start to work until all results are back and cleared or have received an exemption from disqualification.

 

Will exemptions for disqualifying offenses still be allowed based on the new law?

 

Yes, there will still be an exemption process.

 

Do the background screening provisions of HB 7069 apply to substance abuse treatment providers licensed under Chapter 397?

 

Yes, the changes made to the general background screening statute ch. 435 apply to ch. 397 in the same way it does to the other authorizing statutes which require background screening. But it should be noted that HB 7079 made significant changes to the general background screening statute chapter 435 as well as certain other statutes which authorize and require background screening as a condition of employment or continued employment such as chapters 39; 393; 394; 402; 408; and 409. However, HB 7069 did not make any specific changes to ch. 397.

 

What steps should an employer take to ensure that current employees are aware of the new disqualifying offenses and the impact these offenses may have on their employment qualifications?

 

Employees should be reminded that the background screening laws have always required that employees inform their employer if the employee was convicted of any disqualifying offense while employed but now requires that the employee inform the employer of any arrest for any disqualifying offense and that there are some new disqualifying offenses.

 

Employers are not required to rescreen employees earlier than the employee’s regularly scheduled rescreening date unless the employer has reason to believe a particular employee is ineligible for employment. If an employer has reason to believe that a current employee is or maybe ineligible for employment due to having been arrested with disposition pending for; having been found guilty of, or entered a plea of nolo contendere or guilty to any disqualifying offense, the employer should immediately have the employee rescreened to confirm and determine the employee’s eligibility or ineligibility for employment. The employer should take the appropriate steps depending upon the results of the rescreening.

 

What are the screening requirements for persons between the ages of 12 and 18 who are members of the family or reside in a home which is either licensed as or has a license application pending for an APD Direct Service Provider (ch. 393); a Child Care facility (ch. 402); or, a Family Foster Home (ch. 409).

 

All three of the above statutes provide that the child is not to be fingerprinted but rather is to be screened for delinquency records. The results of screenings of persons between the ages of 12 and 18 in the home under chapters 393,402 and 409 are no longer to be utilized as an automatic disqualifier for the applicant for a license or license renewal. Since the child is not required to be licensed and is not providing any service for which the license is being issued, any information resulting from the screening of the child is to be used in the same way other information from employment checks or local law enforcement checks is utilized to assist in the decision making rather than as an automatic disqualification for the license applicant.

 

Recently the issue of screenings for children 12 to 18 years of age who are the family members or who reside with an individual who is seeking to be licensed or to have a license renewed for operating a family foster home under chapter 409 was raised. The specific question asked was “Does the “screening” requirement in chapter 409 for children (12 to 18 years of age) in the home of a foster family home licensee or applicant for such a license require the applicant or licensee be disqualified for licensure or license renewal if the results of the child’s screening indicate an offense listed in chapter 435?

 

Section 435.01, Florida Statutes applies broadly and provides that “Unless otherwise provided by law, whenever a background screening for employment or a background security check is required by law to be conducted pursuant to this chapter, the provisions of this chapter apply.”

 

The licensure statute for family foster homes, chapter 409, expressly provides for different “screening” of 12 to 18 year old family members. Subsection 409.175(2)(i) specifies that “ For purposes of screening, the term includes any member, over the age of 12 years, of the family of the owner or operator . . . residing with the owner or operator . . . Members of the family of the owner or operator . . . who are between the ages of 12 years and 18 years are not required to be fingerprinted, but must be screened for delinquency records….”

 

While Chapter 435 prescribes disqualifying offenses, exemption processes, etc., it does not provide any standards for application to the expressly different “screening” above. Accordingly, it would not be unreasonable to construe that the Legislature never intended that the Chapter 435 standards apply to 12 to 18 year old members of the family of the owner or operator.

 

After consulting with the legislative staff on the interpretation of this provision, DCF will no longer utilize the results of the screening of 12 to 18 year olds in the home as an automatic disqualifier for the license applicant. Since the child is not required to be licensed and is not providing any service for which the license is being issued, the information is to be used in the same way other information from employment checks or local law enforcement checks is utilized to assist in the decision making rather than as an automatic disqualification for the license applicant. Because the screenings for the children are not based upon the ch. 435 standards, there is no need to seek an exemption for any negative results of the child’s screening.

 

Although the question was raised regarding the 12 to 18 year old screenings under the family foster homes statute, the department conducts screenings under two other statutes which also expressly provide for the same different “screening” of 12 to 18 year old family members. The first is the licensing statute for the direct service providers under chapter 393 (APD) and child care licensees under chapter 402 (DCF). Both of these statutes require that when the facility in question is the residence or adjacent to the residence of the license applicant, that members of the household between the ages of 12 and 18 are to be screened but under the same limited manner of a search of the child’s delinquency records.

 

Section 393.0655, requires screening of persons 12 years of age or older, including family members, residing with a direct services provider who provides services to clients in his or her own place of residence but specifies that “those persons who are 12 to 18 years of age shall be screened for delinquency records only.”

 

Sections 402.302; 313; and 3131, all expressly provide for a different “screening” for persons in the home between the ages of 12 and 18. These section provide that “members of the operator’s family or persons residing with the operator who are between the ages of 12 years and 18 years are not required to be fingerprinted but must be screened for delinquency records.”

 

 

Categories
APD Background Screening

New Florida Level 2 Background Screening Law, Effective April 6, 2012, CS/CS/CS/HB 943 —

The bill makes a number of changes to background screening requirements, primarily relating to individuals who work and volunteer with vulnerable populations. Specifically, the bill:

 

  • Exempts mental health personnel working in a facility licensed under ch. 395, F.S., who work on an intermittent basis for less than 15 hours per week of direct, face-to-face contact with patients and who are not listed on the Florida Department of Law Enforcement’s (FDLE) Career Offender Search or the Dru Sjodin National Sex Offender public website from fingerprinting and screening – unless that person works in a facility with a primary purpose of providing treatment for children;
  • Establishes a rescreening schedule for those individuals who have been screened and qualified to work by the Agency for Health Care Administration (AHCA);
  • Revises a list of professionals to include law enforcement officers such that officers are not required to be refingerprinted or rescreened if they are working or volunteering in a capacity that would otherwise require them to be screened;
  • Includes provisions covering the Division of Vocational Rehabilitation’s (DVR) background screening needs and requirements;
  • Exempts, from the definition of “direct service provider;” individuals who are related to the client, and volunteers who assist on an intermittent basis for less than 20 hours per month of direct, face-to-face contact with a client and who are not listed on FDLE’s Career Offender Search or the Dru Sjodin National Sex Offender public website;
  • Specifies that employers of direct service providers previously qualified for employment or volunteer work under Level 1 screening standards, and individuals required to be screened according to the Level 2 screening standards, shall be rescreened every five years, except in cases where fingerprints are electronically retained;
  • Creates a definition of the term “specified agency” for purposes of conducting background screening. These agencies include the Department of Health (DOH), the Department of Children and Family Services (DCF), AHCA, the Department of Elder Affairs (DOEA), the Department of Juvenile Justice (DJJ), the Agency for Persons with Disabilities (APD) and DVR;
  • Requires fingerprint vendors to meet certain technology requirements;
  • Provides that employees may be hired before completing the background screening process but those employees may have no direct contact with vulnerable persons;
  • Waives the additional background screening requirement for Certified Nursing Assistants (CNA) under certain circumstances; and
  • Provides for requirements relating to fingerprintingincluding who may take the prints, standards for vendors, and fee collection.

     

     

    English: Title: Women clerical employees of Lo...

     

    English: Title: Women clerical employees of Los Angeles Police Department getting fingerprinted and photographed in 1928 (Photo credit: Wikipedia)

     

The bill also provides for the creation of the Care Provider Background Screening Clearinghouse. The clearinghouse will:

 

  • Be created by AHCA, in consultation with FDLE;
  • Be a web-based system;
  • Be implemented to fullest extent possible no later than September 30, 2013; and
  • Allow results of criminal history checks, provided to specified agencies for screening of persons under s. 943.0542, F.S., to be shared among the specified agencies when a person has applied to volunteer; be employed; be licensed or enter into a contract that requires a state and national finger-print based criminal history check.

 

The bill also provides that prints retained by the clearinghouse must meet certain criteria. Finally, the bill provides for rescreening procedures related to use of the clearinghouse; and provides for screening procedures for use on or after January 1, 2013.

 

Categories
APD Background Screening DCF Background Screening

Background Screening requirements for CDC+ program run by Florida APD

CDC+ Background Screening Process Information

 

1. Consumer Directed Care Plus (CDC+) participate/representative (the employer) selects prospective employee/ independent contractor to provide services.

 

2. CDC+ Employer has good moral character form filled out and notarized for the prospective employee/independent contractor.

 

3. CDC+ Employer gives background screening packet to the prospective employee/independent contractor who completes the forms and then goes to an approved Florida Department of Law Enforcement (FDLE) vendor to get his fingerprints taken. The fingerprint vendor (who took the prints) is responsible for sending results to FDLE. This must be accomplished using the CDC + ORI/OCA codes.

 

4. Background screening is completed by (FDLE)/Federal Bureau of Investigation (FBI) and results returned to Department of Children and Families (DCF) or Agency for Persons with Disabilities (APD).

 

5. DCF determines eligibility and emails the clearance letter to APD for Area staff to print and provide to CDC+ Consultant.

 

6. CDC+ Consultant gives clearance letter to CDC+ employer to place the clearance letter, the good moral character form, and local checks if completed in the employee file for review as needed.

 

7. The CDC+ employer will retain a copy of the completed background screening packet in their CDC+ file as part of their employee files to be available upon request for review.

 

8. CDC+ employers can share copies of the clearance letter with other CDC+ employers. The new employer must ensure there has not been a break in employment of more than 90 days. Such person must attest under penalty of perjury to not having been convicted of a disqualifying offense since completing their last screening (Good Moral Character form).

 

9. Effective August 2010, Florida’s background screening laws changed to require that all employees of CDC+ participants pass a level 2 background screening before they can begin working for the CDC+ participant who is their employer. A CDC+ participant may share the results of his or her employee’s background screening with another CDC+ participant in order for the other CDC+ participant to use the results as proof of the employee’s having passed the background screening. However, it is the responsibility of the CDC+ participant who receives the background  screening results to make sure the employee in question was employed during that time with no break in employment longer than 90 days.

 

10. If it is a Provider Agency, (i.e. staffing agency for nursing services, Adult Day Training, etc.) then the letter is provided to screened employee after the screening is completed and the Provider Agency would maintain the file for review as the CDC+ employer is subcontracting with this agency.

 

NOTE: The CDC+ Employee can always ask for the scheduled employee coming to the consumer home to bring a copy of the employee clearance letter to ensure that the Agency has conducted the employee screening and the CDC+ employee can be assured that the employee providing direct care to consumer is compliant with the law.

 

IDENTICO LLC is FDLE authorized Live Scan vendor serving APD and CDC+ providers in Area 15, Area 9, Area 10 and Area 11. We can travel to almost every location in Martin County, Palm Beach county, Broward County and Miami Dade County and fingerprint larger groups with our mobile fingerprinting unit. With any question related to APD and CDC+ background screening please call us at (954) 239-8590 or visit us online at www.myidentico.com for more information. You can also schedule the appointment and visit our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021. Bring your ID and OCA# number, the cost of screening is $80.00

 

Sincerely,

IDENTICO LLC.

Categories
APD Background Screening DCF Background Screening

DCF Background Screening Changes related to HB7069 and Agency Directives

Here is the summary of major changes:

 

  • Live Scan can be utilized by any provider that is authorized to screen through the BGS office under FS 435.
  • “No Clearance, No work” No employee/applicant can begin working until they are determined to be cleared for all Background Screening requirements to include local law enforcement checks.
  • Additional disqualifying offenses were added to F.S. 435.
  • Anyone screened under 435 (Employee/Foster Parent) is automatically disqualified from their position if arrested for a disqualifying offense pending the disposition of case.
  • New 5 year re-screen requirement is a fingerprint screen (FBI/FDLE) instead of FDLE only.
  • Domestic Violence Injunctions/Civil matters are no longer disqualifying.
  • Facility/Provider receives a determination from the DCF Background Screening office for FBI and FDLE.

 

  • The clearance is sent to the provider electronically via email.

 

  • When Live scan results are received with no criminal history, the clearance letter will be issued electronically within 5 days of live scan transmission of prints to FDLE by the live scan vendor.
  •  

Once the Live Scan Vendor transmits the prints to FDLE (which is usually within 24 hours of actually rolling the prints), FDLE takes 48 hours to get the results to DCF electronically. BGS will issue a clearance letter via email within 48 hours of receiving the results from FDLE.

 

Should a result contain potentially disqualifying criminal history or returned as illegible, the determination process depends on the length of time taken by the applicant to provide BGS with the reprint or court certified/required information.

 

  • New Affidavit of Good Moral Character

Due to additional offenses added Aug. 1, 2010, the new affidavit should be signed by new hires and at the next

5- Year re-screen for employees hired prior to Aug 1, 2010.

Any previous charges that are now disqualifying are required to be addressed at the 5-year re-screen.

 

FELONY

 

An applicant must wait 3 years once the applicant has completed or been lawfully released from confinement, supervision or sanction for the disqualifying felony whether committed as an adult or a juvenile.

MISDEMEANOR

 

An applicant is eligible for consideration once the applicant has completed or been lawfully released from confinement supervision or sanction for the disqualifying misdemeanor.

 

RECLASSIFIED

 

An applicant that committed a felony that has since been reclassified and is now considered to be a misdemeanor , is eligible to apply for an exemption after the applicant has completed or been lawfully released from confinement, supervision or sanction for the disqualifying offense.

 

NOT ELIGIBLE

 

An individual designated as a sexual predator, sexual offender or career offender is not eligible for an Exemption from Disqualification.

The most significant change to our providers is that employers will not be able to employ applicants for positions of special trust or responsibility until the applicants are cleared by a complete background screen to include a fingerprint-based search of criminal records in Florida and nationally.

 

In order to timely meet the needs of our partners, the Department is requesting that providers ask applicants to submit fingerprints using electronic LiveScan through private vendors.

 

LiveScan results can be received by the Department in as little as 24 to 48 hours. This is in contrast to hard copy fingerprint submission results being received and processed by the Department anywhere from 4 to 6 weeks.

Categories
APD Background Screening CDC+ Program Background Screening Florida Department of Elderly Affairs Background Screening

Florida Department of Elder Affairs CDC+ Program, Background Screening and Live Scan Fingerprinting

Consumer Directed Care Plus (CDC+) is a Medicaid program in Florida that gives the consumer the opportunity to hire workers and vendors to help with daily needs such as housecleaning, cooking and getting dressed. Even  family members or friends maybe be consumers’ paid workers.The CDC+ program is operated by the Florida Department of Elder Affairs with the Department of Health and the Department of Children and Families as partners.

 

Currently, Florida has one of the largest vulnerable populations in the country with over 17% of the state’s citizens over the age of 65, and many children and disabled adults and— DOEA provides some form of services to approximately 62,400 individuals age 60 and over. Enormous amount of cases when Florida senior and disabled adults have been beaten, neglected, and robbed by caregivers with criminal records pushed legislators to pass the Bill HB 7069  which became effective on August 1, 2010.  And here are the changes in DOEA’s policies as the reflection of bill’s enactment:

 

 

•HB 7069 rewrote requirements for background screening of persons and businesses that deal primarily with vulnerable populations.

•HB 7069 increased all level I screenings to Level II for persons working with vulnerable populations such as the elderly, disabled adults and those with brain and spinal cord injuries.

•HB 7069 requires all Level II fingerprints to be submitted electronically by August 1, 2012.  However, DOEA is being proactive and is meeting this requirement  effective  August 1, 2010.

•Another thing HB 7069 did was add a number of serious crimes to the list of disqualifying offenses.  In other words, persons committing serious crimes that were previously not considered disqualifying offenses, now will be unable to be a CDC+ employee or a representative if they’ve committed a number of additional disqualifying offenses.

 

•Requires all fingerprints to be submitted electronically by August 1, 2012 for Level 2 Background Screening both with FDLE and FBI

 

•HB 7069 authorized agencies to request retention of fingerprints by FDLE.

 

•Each agency will review  and approve/deny their own exemption requests – this means that DOEA, DCF, AHCA, and DOH will be responsible for Level II screening, and if applicable, exemption reviews, for CDC+ clients served through their respective agencies

 

•—Level II Fingerprint-based search of FDLE and FBI databases for STATE and NATIONAL criminal arrest records becomes a standard.Level II screens offer a greater level of protection for the vulnerable people.

 

•Applicants will take fingerprints through the use of “livescan” device that digitally takes their fingerprints – so there is no ink used as with regular fingerprinting.  The prints are then securely submitted to FDLE and then forwarded to the FBI for a NATIONAL check. The results from both the FDLE and FBI are sent to the agency within 2 or 3 days.

 

—•FDLE maintains a list of authorized Livescan service providers on their Web site

 

—•DOEA – Application for Exemption. In order for an applicant to be eligible to apply for an exemption they must meet the eligibility requirements which are:

 

-For disqualifying felonies, at least three years must have passed since release from confinement, supervision, or sanction prior to applying for the exemption.

-For juvenile delinquency offenses that would be felonies if committed by an adult, for which the record has not been sealed or expunged, at least three years must have passed since release from confinement, supervision, or sanction.

-For offenses that were felonies when committed but are now misdemeanors, you must have been released from confinement, supervision, or sanction prior .

-For disqualifying misdemeanors, you must have been released from confinement, supervision, or sanction.

 

—•DOEA Background Screen Exemption Review Committee meets and reviews all applications for  exemption from disqualification

-The Exemption Review Committee will be comprised of 2 CDC+ staff members and an attorney from the DOEA General Counsel’s office.

 

-The committee will review the initial report prepared by the Background Screen Coordinator.

-The committee may have a telephone conference with the applicant if they have questions or require additional information

-The committee will vote on the application and a unanimous recommendation will be prepared for the DOEA Secretary, the Secretary will either approve the application or deny it.  The Secretary’s decision is final.

 

For readers convenience we are posting the CDC+ program background screening and exemptions forms for download:

Download: Background Screening Appointment Form for the CDC+ Program within DOEA

Download: DOEA Affidavit of Good Moral Character

Download: DOEA Providers Attestation Form

Download:

CDC+ Application for Exemption from Disqualification Page 1

CDC+ Application for Exemption from Disqualification Page 2

CDC+ Application for Exemption from Disqualification Page 3

CDC+ Application for Exemption from Disqualification Page 4

CDC+ Application for Exemption from Disqualification Page 5

 

In order to get fingerprinted as part of DOEA’s CDC Plus program requirement please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we electronically transmit your fingerprints for FBI Level 2 Background Check so DOEA  gets the results of screening in as less as 72 hours. The cost of screening is $62. Visit our official website www.myidentico.com or call us today (954) 239-8590 or toll free (888) 988-8969.

 

We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

Sincerely,

The team of IDENTICO LLC