Category: DCF Background Screening

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
DCF Background Screening

DCF Mental Health Providers to be Screened under Clearinghouse- April 20, 2015

Agency for Health Care Administration's Clearinghouse has provided IDENTICO with an advance notice of a new ORI for the Department of Children and Families (DCF). DCF will begin onboarding Mental Health Providers to the Clearinghouse on April 20, 2015. The new DCF Mental Health Clearinghouse ORI is listed below, with the activation date.  This ORI requires retained prints AND a photograph.  The cost to FDLE will include a retention fee.

 

ORI Number

Provider Group

Cost to IDENTICO

Activation Date

EDCFMH20Z

DCF Mental Health

$62.00

April 20, 2015

Mental Health Providers are recommended 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. IDENTICO's submissions under the new ORI(s) will be accompanied by a photograph if the individual wants their screening entered into the Clearinghouse;

Categories
DCF Background Screening Florida Department of Elderly Affairs Background Screening Professional Guardian Background Screening

Fingerprinting and Level 2 Background Screening requirements for professional and nonprofessional guardianship programs in Florida

For those individuals applying for professional and nonprofessional guardian programs with one of the county circuit courts, it is useful to know that guardianship procedures will require both criminal and credit investigations.  Criminal history search will be conducted by fingerprinting and submitting applicants’ biometric information to FDLE and FBI for state and national criminal history search. As a helpful source we are pleased to post the F.S. 744.3135 in regards to the screening of professional and non-professional guardians in the state of Florida.

 

744.3135 Credit and criminal investigation.—

 

(1) The court may require a nonprofessional guardian and shall require a professional or public guardian, and all employees of a professional guardian who have a fiduciary responsibility to a ward, to submit, at their own expense, to an investigation of the guardian’s credit history and to undergo level 2 background screening as required under s. 435.04. If a credit or criminal history record check is required, the court must consider the results of any investigation before appointing a guardian. At any time, the court may require a guardian or the guardian’s employees to submit to an investigation of the person’s credit history and complete a level 1 background screening as set forth in s. 435.03. The court shall consider the results of any investigation when reappointing a guardian. The clerk of the court shall maintain a file on each guardian appointed by the court and retain in the file documentation of the result of any investigation conducted under this section. A professional guardian must pay the clerk of the court a fee of up to $7.50 for handling and processing professional guardian files.

 

(2) For nonprofessional guardians, the court shall accept the satisfactory completion of a criminal history record check as described in this subsection. A nonprofessional guardian satisfies the requirements of this section by undergoing a state and national criminal history record check using a fingerprint card. The clerk of the court shall obtain fingerprint cards from the Federal Bureau of Investigation and make them available to nonprofessional guardians. Any nonprofessional guardian who is so required shall have his or her fingerprints taken and forward the completed fingerprint card along with the necessary fee to the Department of Law Enforcement for processing. The results of the fingerprint card criminal history record check shall be forwarded to the clerk of the court, who shall maintain the results in the nonprofessional guardian’s file and make the results available to the court.

 

(3) For professional guardians, the court and the Statewide Public guardianship Office shall accept the satisfactory completion of a criminal history record check by any method described in this subsection. A professional guardian satisfies the requirements of this section by undergoing:

 

(a) An electronic fingerprint criminal history record check. A professional guardian may use any electronic fingerprinting equipment used for criminal history record checks. The Statewide Public guardianship Office shall adopt a rule detailing the acceptable methods for completing an electronic fingerprint criminal history record check under this section. The professional guardian shall pay the actual costs incurred by the Federal Bureau of Investigation and the Department of Law Enforcement for the criminal history record check. The entity completing the record check must immediately send the results of the criminal history record check to the clerk of the court and the Statewide Public guardianship Office. The clerk of the court shall maintain the results in the professional guardian’s file and shall make the results available to the court; or

 

(b) A criminal history record check using a fingerprint card. The clerk of the court shall obtain fingerprint cards from the Federal Bureau of Investigation and make them available to guardians. Any guardian who is so required shall have his or her fingerprints taken and forward the proper fingerprint card along with the necessary fee to the Department of Law Enforcement for processing. The results of the fingerprint card criminal history record checks shall be forwarded to the clerk of the court, who shall maintain the results in the guardian’s file and make the results available to the court and the Statewide Public guardianship Office.

 

(4)(a) A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, a level 2 background screening as set forth in s. 435.04 before and at least once every 5 years after the date the guardian is registered. A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, a level 1 background screening as set forth in s. 435.03 at least once every 2 years after the date the guardian is registered. However, a professional guardian is not required to resubmit fingerprints for a criminal history record check if he or she has been screened using electronic fingerprinting equipment and the fingerprints are retained by the Department of Law Enforcement in order to notify the clerk of the court of any crime charged against the person in this state or elsewhere, as appropriate.

 

(b) All fingerprints electronically submitted to the Department of Law Enforcement under this section shall be retained by the Department of Law Enforcement in a manner provided by rule and entered in the statewide automated fingerprint identification system authorized by s. 943.05(2)(b). The fingerprints shall thereafter be available for all purposes and uses authorized for arrest fingerprint cards entered in the Criminal Justice Information Program under s. 943.051.

 

(c) The Department of Law Enforcement shall search all arrest fingerprint cards received under s. 943.051 against the fingerprints retained in the statewide automated fingerprint identification system under paragraph (b). Any arrest record that is identified with the fingerprints of a person described in this paragraph must be reported to the clerk of court. The clerk of court must forward any arrest record received for a professional guardian to the Statewide Public guardianship Office within 5 days. Each professional guardian who elects to submit fingerprint information electronically shall participate in this search process by paying an annual fee to the Statewide Public guardianship Office of the Department of Elderly Affairs and by informing the clerk of court and the Statewide Public guardianship Office of any change in the status of his or her guardianship appointment. The amount of the annual fee to be imposed for performing these searches and the procedures for the retention of professional guardian fingerprints and the dissemination of search results shall be established by rule of the Department of Law Enforcement. At least once every 5 years, the Statewide Public guardianship Office must request that the Department of Law Enforcement forward the fingerprints maintained under this section to the Federal Bureau of Investigation.

 

(5)(a) A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, an investigation of his or her credit history before and at least once every 2 years after the date of the guardian’s registration with the Statewide Public guardianship Office.

 

(b) The Statewide Public guardianship Office shall adopt a rule detailing the acceptable methods for completing a credit investigation under this section. If appropriate, the Statewide Public guardianship Office may administer credit investigations. If the office chooses to administer the credit investigation, the office may adopt a rule setting a fee, not to exceed $25, to reimburse the costs associated with the administration of a credit investigation.

(6) The Statewide Public guardianship Office may inspect at any time the results of any credit or criminal history record check of a public or professional guardian conducted under this section. The office shall maintain copies of the credit or criminal history record check results in the guardian’s registration file. If the results of a credit or criminal investigation of a public or professional guardian have not been forwarded to the Statewide Public guardianship Office by the investigating agency, the clerk of the court shall forward copies of the results of the investigations to the office upon receiving them.

 

(7) The requirements of this section do not apply to a professional guardian, or to the employees of a professional guardian, that is a trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state.

 

History.—s. 30, ch. 89-96; s. 1076, ch. 97-102; s. 2, ch. 97-161; s. 10, ch. 99-277; s. 5, ch. 2002-195; s. 10, ch. 2003-57; s. 114, ch. 2003-402; s. 12, ch. 2004-260; s. 22, ch. 2004-267; s. 8, ch. 2006-178; s. 1, ch. 2007-127.

 

As part of application with probate division of circuit courts each guardian will be required to accompany the Copy of the Court Monitor’s Approval for Year, Professional Guardian Processing Fee, Registration with Statewide Public Guardianship Office, and the copy of the blanket bond. In addition to the guardian will have to provide the proof of level 2 background screening clearance. The consent for a background check in accordance with Florida Statutes Chapter 744 which includes, but may not be limited to, a check of credit, FDLE, FBI, employment, and Department of Children and Families will be required from guardianship applicant.

 

IDENTICO is FDLE authorized live scan vendor with the capacity to electronically fingerprint and submit the data for level 2 background screening. We are currently serving professional guardian and nonprofessional guardians in Miami-Dade Court, Broward Court and Palm Beach County Court. Call us at (954) 239-8590 and don’t hesitate to ask your questions. For more inforamtion or to schedule an appointment please visit us online at http://www.myidentico.com

Sincerely,

IDENTICO LLC.

Categories
DCF Background Screening Live Scan Fingerprinting in Florida (General)

Fingerprinting and Level 2 Background Checks for Guardian ad Litem program in Florida

Florida House Bill CS/HB 5401 had amended the Florida Statute 39.821 regarding the qualifications of guardians ad litem in Florida.

 

(1) Because of the special trust or responsibility placed in a guardian ad litem, the Guardian Ad Litem Program may use any private funds collected by the program, or any state funds so designated, to conduct a security background investigation before certifying a volunteer to serve. A security background investigation must include, but need not be limited to, employment history checks, checks of references, local criminal history records checks through local law enforcement agencies, and statewide criminal history records checks through the Department of Law Enforcement. Upon request, an employer shall furnish a copy of the personnel record for the employee or former employee who is the subject of a security background investigation conducted under this section. The information contained in the personnel record may include, but need not be limited to, disciplinary matters and the reason why the employee was terminated from employment. An employer who releases a personnel record for purposes of a security background investigation is presumed to have acted in good faith and is not liable for information contained in the record without a showing that the employer maliciously falsified the record. A security background investigation conducted under this section must ensure that a person is not certified as a guardian ad litem if the person has an arrest awaiting final disposition for, been  convicted of, regardless of adjudication, entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under the provisions listed in s. 435.04. All applicants certified on or after July 1, 2010, must undergo a level 2 background screening pursuant to chapter 435 before being certified. In analyzing and evaluating the information obtained in the security background investigation, the program must give particular emphasis to past activities involving children, including, but not limited to, child-related criminal offenses or child abuse. The program has the sole discretion in determining whether to certify a person based on his or her security background investigation. The information collected pursuant to the security background investigation is confidential and exempt from s. 119.07(1).

 

If you represent the Guardian ad Litem program in South Florida and located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO LLC today, for office or mobile fingerprinting appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check so the results of screening are available in as less as 72 hours. The cost of screening is $41.25. Visit our official website www.myidentico.com or call us today (954) 239-8590 or (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.

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 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 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
AHCA Background Screening APD Background Screening DCF Background Screening

Live Scan Fingerprinting Services in South Florida; Miami, Broward, and The Palm Beaches

Dear, AHCA & DCF Providers.

 

Beginning August 1, 2010 new law will require background screening of job applicants, employees and volunteers who come in contact with children, the developmentally disabled and vulnerable adults.

 

The most significant change in the law for AHCA& DCF providers is that applicants will not be allowed to begin work in position of special trust and responsibility until they are cleared for employment by a complete background screening, to include a fingerprint-based search of criminal records in Florida and nationally.

 

In order to meet new requirement, both AHCA and DCF strongly recommends applicants to complete their background screen using Live-Scan technology as oppose to hard card submission. Live-Scan results can be received by DCF background screeners in as little as 24-48 hours. This is comparison to hard card fingerprint submission where results can take up-to 4-6 weeks. Providers should follow the steps below to ensure they meet the requirements to use Live-Scan. Please contact your regional DCF background screening office to:

 

  •  Ensure you have been provided the DCF’s Originating Agency Identifier – ORI
  •  Ensure that Originating Agency Case Number – OCA had been assigned to you by DCF
  •  Provide a valid email address to your local DCF Background Screening Office upon requesting a Live-Scan OCA. Email provided will be the email address the department screening unit will send automated “eligible” determination letters for applicants with cleared results.

 

The correct ORI and OCA numbers must be provided to the Live Scan vendor to ensure that results are routed to the DCF and requesting provider. For more information and with any questions please feel free to contact IDENTICO- your Live-Scan vendor. We serve AHCA, DCF,APD,DMV,VECHS providers in Treasure Coast, Palm Beach, Broward and Miami-Dade counties.   Call today (954) 239-8590 or visit us online www.myidentico.com . No appointments needed, walk-ins are welcome, mobile unit can come to your location. All payments are accepted.

 

Our office is located 43948 Pembroke Road, Suite E, Pembroke Park, FL, 33021 or use the convenience of our mobile fingerprinting services anywhere in South Florida.