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Initial Screening & Background Screening SOP

Purpose

To ensure all child care personnel meet Florida statutory requirements for background screening prior to employment, in order to protect the health, safety, and welfare of children in care.

Scope

This policy applies to all employees, volunteers, substitutes, contractors, and household members (when applicable) associated with the child care facility.

Policy Statement

A background screeningĀ must be completed as a condition of employment. The employer/owner/operator is responsible for reviewing all screening results and employment history and making employment decisions in compliance with Florida law.

Screening Requirements

A. Level 2 Background Screening

All child care personnel must completeĀ Level 2 screeningĀ pursuant to s. 435.04, F.S., which includes:

  • Statewide and national criminal records checks

  • Sexual predator and sexual offender registry searches

  • Child abuse and neglect history checks for any state of residence within the preceding five (5) years

Fingerprinting Requirements

  • Fingerprints must be submitted through theĀ Background Screening Clearinghouse

  • AĀ Clearinghouse-compatible LiveScan vendorĀ must be used

  • Screening must be initiated in the ClearinghouseĀ prior to fingerprinting

B. Processing & Review of Results

  • FBI fingerprint results are returned to the Department of Children and Families (DCF) via the Florida Department of Law Enforcement (FDLE)

  • DCF reviews:

    • Federal and state criminal history

    • State and national sex offender registries

    • Florida child abuse and neglect registry

  • DCF issues anĀ EligibleĀ orĀ Non-EligibleĀ determination through the Clearinghouse

Employment History Verification

C. Employment History Checks

The employer/owner/operator must conduct and document employment history checks forĀ all employers within the preceding five (5) years, including:

  • Job title

  • Description of regular duties

  • Employment dates

  • Level of job performance

Documentation Requirements

  • A minimum ofĀ three (3) documented attemptsĀ must be made to contact each prior employer

  • Failed attempts must include:

    • Date

    • Time

    • Reason information was not obtained

  • All documentation must be maintained in the personnel file

Out-of-State Background Checks

D. Criminal Records (Out-of-State)

If the individual resided outside Florida within the last five (5) years:

  • A request must be sent for each applicable stateā€™s criminal history

  • Requests are submitted viaĀ myflfamilies.com/backgroundscreening

  • Documentation must include:

    • Date request was sent

    • Date results were received

  • Results must be forwarded to the DCF Background Screening Unit

If the prior state participates in theĀ National Fingerprint File (NFF)Ā Program, a separate request is not required.

E. Child Abuse & Neglect Registry (Out-of-State)

  • A request must be submitted for each state of residence within the past five (5) years

  • Documentation of request and receipt dates must be maintained in the employee file

F. Sexual Offender / Predator Registry (Out-of-State)

  • A registry search must be conducted for each applicable state

  • Search dates and findings must be documented and retained in the personnel file

Hiring Status Options

An individualĀ may be hired only under one of the following conditions:

  1. Fully Cleared Hire

    • All screening components are complete

    • Eligible result issued

    • Documentation on file

  2. Provisional Hire (45-Day Status)

    • Written notification received from DCF

    • Individual must be supervised at all times by screened and trained personnel

    • Applies only while awaiting out-of-state records

  3. Training & Orientation Only

    • Screening initiated but not yet complete

    • No contact with children permitted

    • Authorized under s. 435.06(2)(d), F.S.

Clearinghouse Responsibilities

G. Initiation & Roster Management

  • Screening must be initiated in the ClearinghouseĀ before fingerprinting

  • Failure to do so may result in an invalid screening and re-fingerprinting at the individualā€™s expense

  • Employees must be added to theĀ Employee/Contractor RosterĀ withinĀ 10 daysĀ of:

    • Receiving an eligible result, and

    • Being hired

  • Terminations must be entered withinĀ 10 daysĀ of separation

H. Arrest Notifications

  • The employer/owner/operator will receive email notifications if an employee is arrested for a disqualifying offense

  • Immediate and appropriate action must be taken if an employee becomes disqualified under s. 435.06, F.S.

Recordkeeping Requirements

I. Documentation Maintenance

  • Copies of all screening documentation must be maintainedĀ on-site

  • Files must be available for review by the licensing authority at all times