Florida Foster Care Background Check: What Level 2 Screening Covers

The background check for Florida foster care is not a standard employment check. It is a Level 2 screening under Chapter 435, Florida Statutes — the highest security clearance the state applies to anyone working with vulnerable populations. Every adult in your household will be fingerprinted. Every person aged 12 and older will be screened. If any household member has lived out of state in the past five years, additional checks will follow.

Knowing exactly what this process covers, which offenses automatically disqualify an applicant, and what options exist if something in your history comes up is essential — and understanding it early prevents costly surprises later in the process.

Who Must Be Screened

Under Florida Administrative Code Rule 65C-45.001, Level 2 screening is required for:

• All adult household members (18+): Must submit fingerprints for FDLE and FBI database checks.
• Youth ages 12 to 17: Must be screened against Florida Department of Juvenile Justice delinquency records. Fingerprinting is not required for this age group.
• Non-resident frequent visitors: Any individual who is not a household member but who resides in the home for more than 10 hours per week or on an intermittent basis must also be screened. This includes adult children who return frequently, live-in caregivers, or partners who stay regularly but maintain a separate address.

The screening applies to you and your co-applicant at application time, and to any new adults who move into your home after licensure. Adding an adult to your household requires reporting to your licensing coordinator and initiating a new screening for that person.

What the Level 2 Screening Checks

Level 2 screening is a comprehensive record search that includes:

• FDLE database: Florida state criminal history, including arrests, charges, adjudications (guilty findings), and withheld adjudications.
• FBI national database: Criminal history in all other states.
• Florida child abuse and neglect registry: Any prior verified findings of child maltreatment.
• Sex offender registry: Florida Sexual Predator and Sexual Offender Registry, and the National Sex Offender Registry.
• Out-of-state checks (Adam Walsh Act): If you or any adult household member has lived outside Florida in the past five years, the agency must request background records from those states under the Adam Walsh Child Protection and Safety Act. These interstate checks are managed by the agency, not the applicant, but they can add four to eight weeks to the screening timeline.

Fingerprinting is done through a Livescan terminal — an electronic fingerprint submission system. Your CBC agency will direct you to an approved Livescan provider. Results are typically returned within two to three weeks for Florida-only records, longer if federal or out-of-state records are involved.

Disqualifying Offenses Under §435.04

Florida Statute §435.04 establishes a list of criminal offenses that permanently disqualify an applicant from foster care licensure. The list includes any finding of guilt — even a withheld adjudication, nolo contendere plea, or plea of no contest counts as a disqualifying record for this purpose.

Categories of automatically disqualifying offenses include:

• Murder, manslaughter, and vehicular homicide
• Sexual battery, rape, and any sex crime involving a minor
• Lewd or lascivious behavior, indecent exposure, or child pornography
• Child abuse, neglect, exploitation, or abandonment
• Abuse of vulnerable adults
• Kidnapping, false imprisonment, and human trafficking
• Felony-level robbery, theft, and fraud
• Any designation as a Sexual Predator or Career Offender on a registry

This list is not exhaustive — the full statute should be reviewed if you have any concerns about prior history. The key point is that these disqualifications apply regardless of how long ago the offense occurred, whether probation was completed, or whether the conviction was expunged (expungements are not accepted as clearing the record for Chapter 435 purposes).

Offenses That May Be Reviewable

Not every criminal history entry is an automatic disqualification. Many offenses outside the §435.04 disqualifying list are subject to a suitability determination by the licensing agency. The agency will weigh factors such as:

• How long ago the offense occurred
• Whether the conduct directly involved a child or vulnerable person
• Evidence of rehabilitation
• Overall character of the household

Common examples in this reviewable category include older DUI convictions, misdemeanor battery without a child victim, minor drug possession charges, and financial crimes not involving fraud against vulnerable persons. The agency makes this determination in context, not by a formula.

The Exemption from Disqualification Process

If a disqualifying offense does appear on your record, Florida Statute §435.07 provides a formal process to petition DCF for an exemption. This is not a quick process and is not appropriate for all situations — some offenses have no exemption pathway.

To apply for an exemption, you must provide:

• Certified court dispositions and arrest reports for every offense
• Proof that all sentences, fines, and restitution have been fully satisfied
• At least a two-year waiting period after completing all sentences for felony offenses
• Evidence of rehabilitation: degrees earned, employment history, community involvement, and character references
• A personal statement demonstrating understanding of the harm caused by the offense

The exemption decision is made by DCF's Central Authority for Background Screening. Approval requires clear and convincing evidence of rehabilitation. Exemptions are granted at DCF's discretion and can be revoked if subsequent offenses occur.

Practical Advice for the Screening Process

Disclose everything proactively. Attempting to conceal a prior arrest — even one you believe was expunged — is more damaging than disclosing it. Undisclosed records that surface during the federal check after you have already asserted a clean record create a much worse outcome than the underlying offense.

Use all legal name variations. If you have a maiden name, alias, or name change, make sure all variations are included in your screening paperwork. Records searched under only one name variant will miss records filed under another.

Start early. Level 2 screening is the single most common cause of licensing delays in Florida. Submit fingerprints at the very start of the application process — even before you have completed the rest of your documents.

Ask about status. If you have not received a clearance decision within four weeks of fingerprint submission, contact your licensing coordinator and ask them to check FSFN for status. Interstate Adam Walsh checks often stall without follow-up.

A complete walkthrough of the Florida licensing process — including the full screening workflow, home study requirements, and what to prepare for your home inspection — is available in the Florida Foster Care Licensing Guide.

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