Legal Question in Criminal Law in Florida

placement of foster child

Had livescan done for placement of child.In 2001 had an expundgement done for trafficing drugs,which i was never charged with.Will that stop the placement,and do I need to tell them what the expundgement consist of?Will I be able to foster children or will that haunt me forever?


Asked on 3/02/09, 9:23 pm

1 Answer from Attorneys

Mark Hanks Attorney Hanks, P.A.

Re: placement of foster child

There are certain exceptions to being able to deny an arrest, whether sealed or expunged, and most of those exceptions deal with caring for or being in contact with, children, elderly people, or mentally handicapped people. I would imagine foster parent would be among those in which you have to disclose, even an expunged arrest.

If the charge was never prosecuted (as opposed to prosecuted and concluded with a diversionary program), it should not legally prohibit you from being a foster parent. Whether it effects the placement agency's decision to place a child with you, may be another story.

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Answered on 3/02/09, 10:24 pm


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