Chapter 65C-15, F.A.C., Child Placing Agencies, was last amended in May 1998. Section 409.175(5)(a), F.S., requires the Department to adopt and amend licensing rules for child placing agencies. The proposed rules amend existing licensing rules to ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-15.001Definitions

65C-15.002Licensed Child-Placing Agencies

65C-15.003Application and Licensing Study

65C-15.004On-Site Visits and Complaint Investigation

65C-15.005Disclosure

65C-15.006Statement of Purpose

65C-15.010Finances

65C-15.011Changes in Agency Function or Purpose

65C-15.012Notification of Critical Injury, Illness or Death

65C-15.013Right to Privacy

65C-15.014Office Equipment and Transportation

65C-15.015Policies and Practices

65C-15.016Staff Functions and Qualifications

65C-15.017Personnel

65C-15.018Staff Development

65C-15.019Volunteers

65C-15.020Intake Procedures and Practices for Children in Foster Care and Residential Care

65C-15.021Placement Services to Families and Children in Foster Care and Residential Care

65C-15.022Agency Services to Children in Foster Care

65C-15.023Foster Home Licensing

65C-15.024Foster Home Studies

65C-15.025Monitoring and Annual Licensing Study

65C-15.026Recommendations to Revoke a Family Foster Home License

65C-15.027The Agency’s Responsibilities to Foster Parents

65C-15.028Adoptive Home Study

65C-15.029Services to Adoptive Parents

65C-15.030Case Records

65C-15.031Child's Case Records

65C-15.032Family Case Record

65C-15.033Family Foster Home Records

65C-15.034Adoptive Home Records

65C-15.035Agency Closure

65C-15.036Intercountry Adoption Services

65C-15.037Interstate Adoptions

PURPOSE AND EFFECT: Chapter 65C-15, F.A.C., Child Placing Agencies, was last amended in May 1998. Section 409.175(5)(a), F.S., requires the Department to adopt and amend licensing rules for child placing agencies. The proposed rules amend existing licensing rules to comport with current law, policy, and procedures.

SUMMARY: The Department intends to amend and repeal rules within Chapter 65C-15, F.A.C., to accomplish the following tasks: 1) update the licensing application; 2) repeal duplicative language; 3) clarify complaint investigation procedures; 3) clarify required personnel qualifications; and 4) incorporate an “at risk placement” document.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 409.175 FS.

LAW IMPLEMENTED: 409.175 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jodi Abramowitz. Jodi can be reached at [e-mail] or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-15.001 Definitions.

All definitions for this chapter are located in Rule 65C-30.001, F.A.C.

(1) “Adoption” means the act of creating the legal relationship between parent and child where it did not exist, thereby declaring the child to be legally the child of the adoptive parents and their heir-at-law and entitled to all rights and privileges and subject to all the obligations of a child born to such adoptive parents in lawful wedlock.

(2) “Adoption process” includes the following: Recruitment of prospective adoptive parents; recruitment of individuals for the release of a child, including a child not yet born, for the purpose of adoption as part of a plan leading to the eventual placement of a child for adoption; provision of medical care or payment of maintenance costs and expenses during pregnancy in consideration for the release of a child for adoption; assessment and preparation of families before placement as part of a plan leading to the eventual placement of a child for adoption; and supervision of families, after placement and prior to the final adoption, has occurred. This section shall not be construed to impinge upon the First or Fourteenth Amendment United States Constitutional Guarantees of Freedom of Speech or Freedom of Religion.

(3) “Agency” means any child-placing agency licensed in the State of Florida.

(4) “Child” means any unmarried person under the age of 18 years.

(5) “Child-Placing Agency” means any person, corporation, or agency, public or private, other than the parent or legal guardian of the child or an intermediary acting pursuant to Chapter 63, F.S., that receives a child for placement and places or arranges for the placement of a child in a family foster home, residential child caring agency, or approved adoptive home and provides any of the necessary adoptive services listed under the definition of Adoption subsection 65C-15.001(1), F.A.C.

(6) “Department” means the Department of Children and Family Services.

(7) “Family Foster Home” means a private residence in which children who are unattended by a parent or legal guardian are provided 24-hour care. Such homes include emergency shelter homes, family foster group homes, and specialized foster homes for children with special needs. A person who cares for a child of a friend for a period not to exceed 90 days, a relative who cares for a child and does not receive reimbursement for such care from the state or federal government, or an adoptive home which has been approved by the Ddepartment or by a licensed child-placing agency for children placed for adoption is not considered a family foster home.

(8) “Owner” means the person who is licensed to operate the child-placing agency, family foster home, or residential child-caring agency.

(9) “Operator” means any on-site person ultimately responsible for the overall operation of a child-placing agency, family foster home, or residential child-caring agency, whether or not he is the owner or administrator of such an agency.

(10) “Personnel” means all owners, operators, employees, and volunteers working in a child-placing agency, family foster home, or residential child-caring agency who may be employed by or do volunteer work for a person, corporation, or agency which holds a license as a child-placing agency or a residential child-caring agency, but the term does not include those who do not work on the premises where child care is furnished and either have no direct contact with the children or have no contact with the children outside of the presence of the children’s parents or guardians. For purposes of screening, the term shall include any member, over the age of 12 years, of the family of the owner or operator or any person other than a client, over the age of 12 years, residing with the owner or operator if the agency or family foster home is located in or adjacent to the home of the owner or operator or if the family member of, or person residing with, the owner or operator has any direct contact with children. Members of the family of the owner or operator, or persons residing with the owner or operator, who are between the ages of 12 and 18 years shall not be required to be fingerprinted, but shall be screened for delinquency records. For purposes of screening, the term “personnel” shall also include owners, operators, employees, volunteers working in summer day camps, or summer 24-hour camps providing care for children. A volunteer who assists on an intermittent basis for less than 40 hours per month shall not be included in the term “personnel” for the purpose of screening, provided that the volunteer is under direct and constant supervision by persons who meet the personnel requirements of this section.

(11) “To Place” or “Placement” means the process of a person giving a child up for adoption and the prospective parents receiving and adopting the child, and includes all actions by any person or agency participating in the process.

(12) “Screening” means the act of assessing the background of personnel, pursuant to Section 409.175, F.S.

(13) “Case Plan” means the goal-oriented, time limited individualized program of action for a child.

(14) “Primary residence and place of employment in Florida” means a person lives and works in this state at least six months of the year and intends to do so for the foreseeable future or military personnel who designate Florida as their place of residence in accordance with the Soldiers’ and Sailors’ Civil Relief Act of 1940.

(15) “Primarily lives and works outside of Florida” means anyone who does not meet the definition of “primary residence and place of employment in Florida.”

Rulemaking Specific Authority 63, 409.175 FS. Law Implemented 63, 409.175 FS. History–New 12-19-90, Amended 10-27-93, 9-14-94, Formerly 10M-24.003, Amended 12-4-97,__________.

 

65C-15.002 Licensed Child-Placing Agencies.

(1) All persons and agencies, except for intermediaries as defined in Chapter 63.032, F.S., who engage in the placement or adoption of children, as defined in subsection 65C-15.001(2), F.A.C., must be licensed by the department. This subsection does not apply to stepparent adoptions or placements with relatives within the third degree of relationship.

(2) No county, city or political subdivision shall operate a child-placing agency, or engage in any adoption process unless licensed by the department as a child-placing agency.

(3) The department or a licensed child-placing agency may place a 16- or 17-year-old child in his own unlicensed residence, or the unlicensed residence of an adult who has no supervisory responsibility over the child for the purpose of independent living. However, the department or licensed agency must retain supervisory responsibility. The department or licensed agency shall use the following criteria to determine if independent living is an appropriate plan:

(a) The child must be at least 16 years of age;

(b) The child must have demonstrated ability to handle independence;

(c) The child must have a signed performance agreement or permanent placement plan which has been submitted to the court stating the goal of independent living and specifying the responsibilities, tasks, and expectations of all parties; and

(d) The plan must have the approval of the court, if the court has jurisdiction.

(4) Within 90 days of the agency taking a child into care for the purpose of adoption, the agency shall file a petition for termination of parental rights or for temporary custody.

(5) At Risk Placements: The department and all licensed agencies shall be required to have an at risk placement document signed by the prospective adoptive parent or parents prior to placement of a child in their home, if the agency does not have a court order documenting termination of parental rights of the child being placed for adoption.

(6) At Risk Placement Documents. The At Risk Placement Document shall contain a statement that the Ddepartment or agency does not have commitment of the child for the purpose of adoption and the reason for it, that proceedings have been started to obtain commitment, that the agency will notify the adoptive family, in writing, of the court’s decision and that the child may be removed from the home. The adoptive parents must agree to returning the child to the agency.

(7) Agencies shall keep, at all times, a sufficient number of licensed foster homes, other than the prospective adoptive homes, which shall be used when the agency has received custody of a child and the child has not been placed in an adoptive placement.

(8) If an agency pays, directly or indirectly, for a female who is pregnant to come to Florida for the purpose of placing the child, when born, for adoption with the agency then the agency shall be responsible for returning the female to the state of origin if she wishes to return immediately after she is able to travel. If the mother decides not to place the child with the agency for adoption then the agency shall be responsible for returning the mother and child to the state of origin, if the mother wishes to return, immediately after the baby is ready to travel.

(9) Child-placing agencies shall comply with Chapter 63 and Section 409.175, F.S., which is hereby incorporated by reference.

(10) The Ddepartment agrees to provide licensed child-placing agencies with changes to state policy rules and laws which affects their operation as set forth in these rules.

Rulemaking Specific Authority 63.202, 409.175 FS. Law Implemented 63, 409.175, 409.165 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.004, Repealed________.

 

65C-15.003 Application and Licensing Study.

(1) Application for an agency license shall be made on the “Master License Application for Accredited Child-Placing Agencies”, CF-FSP 5135, February 2011,  HRS-CYF Form 5135 June 86, available from the department, and which is hereby incorporated into these rules by reference and available at www.dcf.state.fl.us/dcfforms/. Form 5135 is available upon request from any HRS district headquarters offices, see Rule 10M-24.0001, F.A.C., for information. The application shall be signed by the owner or operator exercising authority over the operation, policies and practices of the agency. All information requested in the application form and the rule must be submitted as part of the application.

(2) Upon determination that the applicant meets the state licensing requirements, the Ddepartment shall issue a license to a specific agency, at a specific location.

(3) When a child-placing agency ceases to provide adoption services to children or families during the period for which the license is issued,  they shall notify the department, in writing, 30 days prior to the cessation of the agency service and shall return the license to the department.

(3)(4) Except as proscribed in Rule 65C-15.006(4), F.A.C., aA licensed agency may operate a branch or satellite offices without separate licenses for those offices. However, each branch or satellite office must be disclosed in the application for license by submitting a copy of form CF-FSP 5135 HRS Form 5135 for each office. If the agency opens a branch or satellite office during the licensed term, the agency shall file form CF-FSP 5135 HRS Form 5135 not less than 10 business days prior to the opening of the new office.

(5) The license shall be issued for a child-placing agency at a specific address and for operation by specific individuals or agencies. It shall automatically become invalid if the facility is operated at another address or under different ownership. The license shall be valid for one year from the date of issuance unless suspended, revoked, or voluntarily returned. All licenses shall expire automatically one year from the date of issuance. The license shall be the property of the department and shall be returned to the department if revoked.

(6) The license must be conspicuously displayed at all times in the facility. Each branch or satellite office shall have a copy of the main office license conspicuously displayed and a statement showing it is a branch or satellite office.

(4)(7) The Ddepartment shall authorize a licensed child-placing agency to conduct the licensing study of a family foster home to be used exclusively by that agency and to verify to the Ddepartment that the home meets the licensing requirements established by the Ddepartment. Upon certification by an authorized licensed child-placing agency that a family foster home meets the licensing requirements, the Ddepartment shall issue the license.

(5)(8) The Ddepartment shall withhold authorization for self-study of foster homes from an agency or shall withdraw authorization if the quality of studies being completed or the completeness of the agency’s files do not show that the agency’s foster parents meet the licensing requirements established by the Ddepartment. The decision of the Ddepartment regarding withdrawal may be contested in the hearing procedure set forth in Chapter 120, F.S.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.005, Amended____________.

 

65C-15.004 On-Site Visits and Complaint Investigation.

(1) Licensing staff of the Ddepartment may make scheduled or unannounced visits to a licensed home, facility or agency at any reasonable time to investigate and evaluate compliance with the licensing requirements. All agencies shall be inspected at least annually.

(2) The Ddepartment shall investigate complaints to determine if the agency is meeting the licensure requirements.

(3) The Ddepartment shall advise the owner and operator with authority over the licensed agency that there is a licensing complaint when initiating an investigation and shall advise the agency of the results of the investigation when concluded.

(4) Whenever the department receives a report questioning the certification status or compliance of a child-placing agency with requirements of the state adoption law or alleging violations of this chapter by the agency, Tthe Ddepartment shall investigate a report questioning the certification status or compliance of a child-placing agency with requirements of the state adoption law or alleging violations of this chapter by the agency the allegation within 20 business working days to determine whether the complaint is substantiated.

(5) The Ddepartment shall notify the complainant and the agency in writing of the results of the complaint investigation within 15 business working days after the report of the Ddepartment’s investigation has been finalized.

(a) The written notification shall specify the deficiency, expected corrective action, time frame for completion, and that failure to comply within the time frame specified shall result in the license being suspended, denied, or revoked.

(b) Failure of the child placing agency to timely comply with the corrective action plan shall result in suspension, denial of re-licensure, or revocation of the license.

(6) If as a result of the investigation the Department makes a decision to revoke, suspend, or deny further licensure, notice shall be delivered via personal service or certified mail pursuant to Section 120.60(5), F.S., which shall include the statutory and rule violations that were found, shall advise of the action to be taken, and the right to challenge the action through an administrative proceeding as provided in Chapter 120, F.S.

(7)(6) The agency shall fully cooperate with the Ddepartment whenever such complaint investigations are conducted.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.009, Amended_________.

 

65C-15.005 Disclosure.

The agency shall notify the local licensing office of the Ddepartment in writing within seven (7) calendar days if:

(1) Any civil or criminal action is commenced in any jurisdiction against any director, officer, employee or agent of the agency, where the civil or criminal action relates to or affects the licensed child-placing activity of the agency; or

(2) Any action is commenced in any jurisdiction to revoke or suspend a license held by the agency.

Rulemaking Specific Authority 63, 409.175 FS. Law Implemented 63, 409.175 FS. History–New 12-19-90, Formerly 10M-24.014, Amended_________.

 

65C-15.006 Statement of Purpose.

(1) The agency shall have a written statement of its child-placing philosophy, the purpose of the agency, a description of the foster care and adoption services the agency provides and the methods of service delivery it employs, including the methods that will be used to publicize the availability of these services.

(2) Need for Services. Agencies applying for initial licensure shall provide the Ddepartment with the following information:

(a) Description of the services the agency will provide;

(b) Need for the services to be provided in the geographic area served;

(c) Projected fees and costs for services, how fees are collected and refunds given, if applicable including any and all contracts;

(d) Geographical area to be served;

(e) Location of office, including city, state, street address, mailing address and telephone number.

(3) The agency shall have an office and professional staff permanently housed within the state.

(4) Satellite and branch offices of licensed child-placing agencies shall be required to be separately licensed if:

(a) The daily supervision of the social work staff is provided on site; and

(b) The office maintains central client records and central personnel files on premises.

Rulemaking Specific Authority 63, 409.175 FS. Law Implemented 63, 409.175 FS. History–New 12-19-90, Formerly 10M-24.015, Amended_________.

 

65C-15.010 Finances.

(1) Funding: Agencies beginning operation shall have the capital necessary for a six- (6) month period of operation.

(2) Budget: The agency shall prepare a written budget annually.

(3) Audit: The agency shall have its financial records audited annually. A report of this audit shall be available to the Ddepartment at the licensed location during normal business hours.

(4) Fees and Costs.

(a) If fees for adoption and foster care services are charged, the agency shall have a fee schedule disclosing all fees for services in a written policy which describes the conditions under which fees are charged, waived, or refunds made, if applicable. A copy of the fee schedule shall be filed with the Ddepartment. This schedule shall clearly list the specific services covered by this fee. This fee schedule shall be given to all persons making application for adoption services. A fee agreement and any modifications to it shall be executed with each applicant, which lists the fees charged and the services to be provided, including provisions for payment. Any reduction or increase in the agency’s fee schedule shall be filed with the Ddepartment 15 calendar days after going into effect.

(b) Adoption fees shall be established based on the reasonable costs of the following services for the total adoption program:

1. Medical services for the child and the birth mother;

2. Legal services;

3. Counseling services;

4. Homestudy services;

5. Living expense for the birth mother;

6. Foster care services;

7. Pre and post placement social services;

8. Contracted services, if applicable;, and

9. Other necessary services; and

10. Agency facilities and administrative costs.

(5) Where payments are made to foster parents:

(a) The agency shall have a written payment schedule and statement on payment procedures; and

(b) The agency shall provide foster parents with advance written notification of changes in the schedule.

(6) The agency shall not require or coerce applicants, adoptive parents or their representatives to provide gratuities, such as money or other things of value or services, beyond the established fee.

Rulemaking Specific Authority 63, 409.175 FS. Law Implemented 63, 409.175 FS. History–New 12-19-90, Formerly 10M-24.019, Amended_________.

 

65C-15.011 Changes in Agency Function or Purpose.

(1) The agency shall provide written notification within 30 calendar days after implementation to the Ddepartment of changes in the agency’s director, statement of purpose, services to be provided, clientele to be served, intake procedures or admission criteria.

(2) If the changes in the agency’s policies and procedures represents a major departure from the original policies submitted in writing to the Ddepartment for the agency’s operation, the agency shall submit to the Ddepartment their new operating policies and procedures 10 business days prior to implementation.

Rulemaking Specific Authority 63, 409.175 FS. Law Implemented 63, 409.175 FS. History–New 12-19-90, Formerly 10M-24.020, Amended_________.

 

65C-15.012 Notification of Critical Injury, Illness or Death.

In the event of the critical injury, critical illness or death of a child, the agency shall notify the Ddepartment within 24 hours. The agency shall notify the child’s parents or legal guardian shall be notified within 24 hours unless parental rights have been terminated.

Rulemaking Specific Authority 63, 409.175 FS. Law Implemented 63, 409.175 FS. History–New 12-19-90, Formerly 10M-24.021, Amended_________.

 

65C-15.013 Right to Privacy.

The privacy of the child and his or her natural or prospective parents shall be protected. The agency shall ensure that any public appearances by the children involving publicity or fund raising are voluntary and the written consent of the child’s parent or legal guardian is on file.

Rulemaking Specific Authority 63, 409.175 FS. Law Implemented 63, 409.175, 617.026 FS. History–New 12-19-90, Formerly 10M-24.023, Amended_________.

 

65C-15.014 Office Equipment and Transportation.

(1) The agency shall maintain furnishings and equipment in good working condition for the operation of the office.

(2) The agency shall assist clients in arranging transportation necessary for implementing the child’s case plan. Vehicles used by staff to transport children shall be maintained and operated in safe condition, and in conformity with appropriate motor vehicle laws.

(3) The number of persons in a vehicle used to transport children shall not exceed the number of available seats; children shall be restrained by a safety belt or by a child restraint device when being transported in motor vehicles in accordance with Sections 316.613 and 316.2004, F.S.

(4) The agency shall make its services accessible to the population it has designated it will serve. The agency shall comply with Chapter 553, Sections 553.45 through 553.495, F.S., for accessibility of their service to disabled handicapped persons.

Rulemaking Specific Authority 63, 409.175 FS. Law Implemented 63, 316.613, 316.2004, 409.175 FS., Chapter 553, Section 553.45-553.495 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.024, Amended_________.

 

65C-15.015 Policies and Practices.

(1) The agency shall have written personnel policies and procedures for recruitment, retention, and effective performance of qualified personnel.

(2) These policies shall include; for example:

(a) Job descriptions and titles for each position defining the qualifications, duties and lines of authority;

(b) Salary scales;

(c) A description of employee benefits;

(d) Provisions which will encourage professional growth through supervision, orientation, in-service training, and staff development;

(e) Procedures for annual evaluation of the work and performance of each staff member; and

(f) Procedures governing payment of bonuses or other extraordinary compensation to employees or contract providers of the agency.

Rulemaking Specific Authority 63, 409.175 FS. Law Implemented 63, 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.025, Amended_________.

 

65C-15.016 Staff Functions and Qualifications.

(1) The agency shall have available on site the educational qualifications of employees to verify that they meet the standards set forth in Rule 65C-15.017, F.A.C.

(1)(2) The agency shall have a personnel file for each employee, available for review by the department which shall include, but is not limited to the following:

(a) The application for employment;

(b) Verification that the screening requirements of Section 409.175, F.S., and Chapter 10-20, F.A.C., have been completed and met;

(c) Employee’s starting and termination dates and reason for termination;

(d) Annual performance evaluations and any disciplinary actions taken;

(e) Copy of diploma or degree; and

(f) Training record and conferences attended.

(2) Personnel files shall be available on site for review by the Department.

Rulemaking Specific Authority 63, 409.175 FS. Law Implemented 63, 409.175 FS. History–New 12-19-90, Formerly 10M-24.026, Amended_________.

 

65C-15.017 Personnel.

(1) The agency director shall be responsible for the general management and administration of the agency in accordance with the licensing requirements and the policies of the governing body. The director shall have a master’s degree in social work or a related area of study, as specified in Section 402.402(1), F.S., from an accredited college or university and at least two (2) years’ experience in human services or child welfare programs. A bachelor’s degree in social work or a related area of study, as specified in Section 402.402(1), F.S., from an accredited college or university and four (4) years of experience in human services or child welfare programs may be substituted. A doctorate degree in social work or a related area of study may be substituted for one (1) year of the required experience. Agency directors continuously employed since October 27, 1993 before the effective date this rule becomes law will be considered to have met these educational requirements.

(2) Agency staff responsible for supervision shall have a master’s degree in social work or a related area of study, as specified in Section 402.402(1), F.S., from an accredited college or university and at least two years of experience in human services or child welfare programs. A bachelor’s degree in social work from an accredited college or university or related area of study, as specified in Section 402.402(1), F.S., and four years of experience in human services or child welfare programs may be substituted. A doctorate in social work or a related area of study may be substituted for one (1) year of the required experience.

(3) Agency staff responsible for performing casework services shall have a bachelor’s degree in social work or related area of study, as specified in Section 402.402(1), F.S., or a master’s degree in social work or a related area of study, as specified in Section 402.402(1), F.S., from an accredited college or university.

(4) Staff members may be exempted from the above educational requirements if they met the educational requirements of Chapter 10C-15, F.A.C., at the time of employment and their initial date of employment predates the effective date of this rule.

(4)(5) No person who has served as a board member, executive director or other officer of an agency that has failed to secure a failed to secure a license to operate as a child-placing agency shall be employed by or associated with a licensed child-placing agency for a period of two (2) years after termination or cessation of that illegal operation. No person, executive director, or other officer of an agency which continued in operation after having knowledge of the revocation or suspension of the agency’s license shall be employed by or associated with a licensed child-placing agency for a period of two (2) years from cessation of the illegal operation. The Ddepartment will waive this provision if it is shown that the person had no knowledge or had no reason to know the operation was illegal. Such a waiver must take place before the employee is hired or a request for a waiver shall be submitted to the Ddepartment within 30 days after it is discovered that an ineligible person has been employed.

Rulemaking Specific Authority 63, 409.175 FS. Law Implemented 63, 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.027, Amended_________.

 

65C-15.018 Staff Development.

(1) The agency shall have a written plan for the orientation, ongoing training and development of all staff.

(2) The agency shall ensure that the supervisory and social work staff receive at least 15 hours of in-service training during each full year of employment. Activities related to supervision of the staff member’s routine tasks shall not be considered training activities for the purpose of this requirement.

Rulemaking Specific Authority 63, 409.175 FS. Law Implemented 63, 409.175 FS. History–New 12-19-90, Formerly 10M-24.028, Amended_________.

 

65C-15.019 Volunteers.

(1) Volunteers who work directly with children for periods of more than 40 hours in any given month must be screened in the same manner as the employees of the agency. A volunteer who assists on an intermittent basis for less than 40 hours per month need not be screened as long as they are under direct and constant supervision by persons who have been screened in accordance with Section 409.175, F.S., Chapter 10-20, F.A.C.

(2) An agency which utilizes volunteers to work directly with children or their families shall:

(a) Develop a description of duties and specific responsibilities;

(b) Develop a plan for the orientation and training in the philosophy of the agency, the needs of the children in care and the needs of their families, and the importance of confidentiality; and

(c) Provide for how volunteers will participate in carrying out the service plans for children and families with whom they are working.

(3) Volunteers who assume responsibilities of paid staff members must meet the educational and experiential requirements of the position for which they are volunteering.

(4) Agencies utilizing volunteers to provide direct services to clients must keep adequate records to reflect the hours and activities of the volunteers.

(5) An agency which accepts students for field placement shall:

(a) Develop a written plan describing their tasks and functions. Copies of the plan shall be provided to each student and to his or her school;

(b) Designate a professional staff member to supervise and evaluate the students;

(c) Develop a plan for orientation and training in the philosophy of the agency, the needs of the clients served by the agency, the importance of confidentiality, and the preservation and protection of the rights of children including the reporting of any alleged child abuse;

(d) Provide for participation in developing and carrying out the case plans for the children and families they are working with;

(e) Assure that students are not expected to assume the total responsibilities of any paid staff member; and

(f) Students who work directly with children for periods of more than 40 hours in any given month must be screened in the same manner as the employees of the agency. A student who assists on an intermittent basis for less than 40 hours per month need not be screened as long as they are under direct and constant supervision by persons who have been screened in accordance with Section 409.175, F.S., Chapter 10-20, F.A.C.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Formerly 10M-24.029, Amended_________.

 

65C-15.020 Intake Procedures and Practices for Children in Foster Care and Residential Care.

The agency shall conduct intake procedures and practices for children in foster care and residential care in accordance with Chapter 65C-28, F.A.C.

(1) At the time the agency receives a referral or application for foster care or residential care, the agency shall assess the needs and strengths of the child’s family and document these in the  case record.

(2) A written intake study shall include, but not be limited to the following:

(a) The identification of the specific needs of the child and family which warrant consideration of removal and placement of the child;

(b) The family’s strengths;

(c) If appropriate, the degree of involvement of the child’s parents and significant others in the child’s care;

(d) The available resources;

(e) The stated goals for the family;

(f) The available social and medical history of the child and his family members;

(g) The child’s legal status;

(h) A description of the child’s emotional reaction to and understanding of the need for placement; and

(i) Names, addresses, and phone numbers of the parents, siblings, relatives or others affected by the plan.

(3) In court ordered placements, where a child is not voluntarily placed by the parents or legal guardian, the agency shall comply with the requirements set forth in Chapter 39, F.S., Part V.

(4) In cases where the placement is voluntarily made by the parents or legal guardian, if one has been appointed, the agency shall secure written authority for placement prior to accepting a child into care. The agency shall also comply with Chapter 39, F.S., Part V, as it relates to voluntary placements.

(5) Except in emergency circumstances, the agency shall obtain a written consent from the parents or legal guardian, if one has been appointed, or the court, to provide routine medical care for a child accepted into care. If medical consent cannot be obtained at the time of placement, it must be obtained within 72 hours of the child’s entry into care.

(6) Medical procedures which are not considered part of routine medical care must be specifically authorized by the parent of the child, the legal guardian, if one has been appointed, or a court of competent jurisdiction unless the situation is so urgent as to make the delay required to secure authorization potentially dangerous to the health and safety of the child. In cases where parental rights have been terminated and the child has been committed to an agency for placement in an adoptive home, the agency may consent for medical care without a court order except for abortion, or permanent sterilization of the child.

Rulemaking Specific Authority 39, 63, 409.175 FS. Law Implemented 39, 63, 409.175 FS. History–New 12-19-90, Formerly 10M-24.031, Amended_________.

 

65C-15.021 Placement Services to Families and Children in Foster Care and Residential Care.

(1) The agency shall provide placement services to families and children in foster care and residential care in accordance with Chapter 65C-28, F.A.C.

(2) At Risk Placements: The “At Risk Placement” document, CF-FSP 5401, January 2015, incorporated by reference and available at www.dcf.state.fl.us/dcfforms/, shall be signed by the prospective adoptive parent or parents prior to placement of a child in their home, if the agency does not have a court order documenting termination of parental rights of the child being placed for adoption.

(1) This section does not apply to parents whose rights have been terminated by the courts or to parents who have signed voluntary surrenders for purposes of adoption or the children cared for in foster care while awaiting placement for adoption.

(2) When two agencies share responsibility for service to a child or a family, there shall be a clear delineation of responsibility for each service to be provided and both agencies must assure that service gaps do not occur as a result of shared planning. Service plans in shared cases must be in writing and must be approved by both services providers. The following services shall be provided to the child’s parents:

(a) The agency shall make reasonable efforts to prepare the child’s parent or parents to resume their parental roles and responsibilities unless this is contraindicated by the case plan;

(b) The agency shall help the family gain access to the services necessary to preserve and strengthen the family and accomplish the goals of the case plan;

(c) The agency shall assist the family to assess the problems which brought about the need for placement;

(d) Children in the care of the department or in the care of a duly licensed child-placing agency are subject to the requirements of Chapter 39, F.S., Part V, as applicable; and

(e) The agency shall have a written performance agreement, signed by the parents, or a case plan which shall include, but not be limited to, the following:

1. The responsibilities of the agency and the parent for carrying out the steps to meet the goals of the case plan;

2. The financial arrangements between the agency and the parents for the support of the child while in care; and

3. The arrangement for visitation between the child and his parents.

(f) If the case plan for the child is adoption, a properly signed and witnessed surrender and consent for adoption form shall eliminate the requirement for a performance agreement with the parent of the child.

(3) Selection of Care.

(a) The agency shall select the most appropriate service for the child, consistent with the child’s and family’s need.

(b) If foster care or residential care are the plan of choice, the agency shall arrange or assist in the arrangement for any specialized services the child or his family may need in order to remedy the problems which brought them to the agency.

(c) The agency shall make a reasonable effort to select a placement for the child that is as home-like as possible and which is as close as possible to the home of the child’s parent so that visitation between the child and his parents is possible.

(d) An agency, when selecting care, shall take into consideration a child’s racial, cultural, ethnic, religious heritage and sibling relationships and shall preserve them to the extent possible without jeopardizing the child’s right to care or to a permanent family.

(e) The agency shall select the placement which will most effectively achieve the goals of the case plan.

(f) Parents shall be involved in the placement selection and the service plan consistent with the best interests of the child.

(g) When the case plan for a child is foster care, the agency shall only place the child in a licensed foster home.

(4) Preplacement Preparation.

(a) The agency social worker should help the child understand the reasons for placement and prepare him for the new environment to the extent of each child’s capacity to participate and understand. The caseworker shall plan and participate in at least one preplacement visit except in cases of emergency placement and shall be available to the child, the child’s parents or the foster family for supportive services.

(b) The agency shall arrange for a medical examination for each child within a week of their placement into care unless the child has received a medical examination within 30 days prior to admission and the report has been provided to the agency.

(c) The agency shall obtain developmental information and shall preserve this information on each child.

(d) The agency shall arrange for an examination by a dentist for each child three years of age or older within 90 days of placement unless the child has been examined within six months prior to placement with the agency and results of the examination have been provided to the agency.

(e) The agency shall arrange for an eye examination and a hearing assessment by a licensed professional for each child three years of age and older within 90 days of placement unless the child has been examined within six months prior to placement and the results of the examination have been provided in writing to the agency.

(f) The agency shall obtain a written copy of each child’s immunization record within 30 days of their admission to placement. If this is not available, the agency shall develop an immunization program for the child in consultation with medical personnel. This record shall be maintained in the child’s case file.

Rulemaking Specific Authority 39 Part V, 63, 409.175 FS. Law Implemented 39 Part V, 63, 409.175 FS. History–New 12-19-90, Formerly 10M-24.032, Amended_________.

 

65C-15.022 Agency Services to Children in Foster Care.

(1) The agency shall provide services to children in foster care in accordance with Chapter 65C-28, F.A.C.

(2) Within 90 days of the agency taking a child into care for the purpose of adoption, the agency shall file a petition for termination of parental rights or for temporary custody.

(1) The agency shall supervise the care of the child and shall coordinate the planning and services to the child and his family as stated in the case plan.

(2) The agency social worker shall see each child as often as necessary to carry out the case plan. Children in family foster care shall be visited at least monthly.

(3) When the case plan for the child is return to his parents, the agency shall meet with the parent and child on a regular basis to assess progress in the following areas:

(a) Resolution of the problems which precipitated placement;

(b) Any difficulties in the relationship between parents and child;

(c) The family’s adjustment to the separation;

(d) Achievement of any case plan goals;

(4) Should the parents or child require services not offered by the agency, a referral shall be made by the agency to the appropriate available community service. Arrangements shall be made by the referring agency to maintain communication with the second service provider and progress and lack of progress made as a result of the alternate services shall be documented in the case file.

(5) The agency shall make provisions for any available specialized health care services which are needed. Each child shall have a dental and physical examination annually. Psychological, psychiatric or psychometric evaluation and counseling shall be provided as needed.

(6) The agency shall provide assistance to foster parents including counseling and services if these are needed in order to support the placement.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Formerly 10M-24.034, Amended_________.

 

65C-15.023 Foster Home Licensing.

(1) Agencies that conduct foster home licensing shall do so in compliance with Chapter 65C-13, F.A.C.

(2) Agencies shall keep, at all times, licensed foster homes, other than the prospective adoptive homes, which shall be used when the agency has received custody of a child and the child has not been placed in an adoptive placement.

(1) The agency shall conduct a thorough licensing study to determine the applicant’s ability to comply with the licensing standards set forth in this rule.

(2) The licensing study shall include at least one home visit in addition to office contacts. Face-to-face interviews shall be conducted with each member of the applicant’s household. All contacts shall be documented in writing.

(3) An agency which provides adoption services shall have foster homes available in the event that an adoptive placement disrupts and the child needs a temporary placement.

(4) The foster parents and members of their household 18 years of age or older must meet the screening requirements of Section 409.175, F.S., Chapter 10-20, F.A.C.

(5) The agency shall recommend to the Ddepartment  that the license application should be granted or denied.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.036, Amended_________.

 

65C-15.024 Foster Home Studies.

(1) A certified licensing counselor, specialist or supervisor as referenced in Section 402.40, F.S., qualified staff member of the agency shall conduct a foster home study that assesses the applicant(s) and household members as required by Chapter 65C-13, F.A.C.of each foster home applicant.

(2) The study shall assess the following areas:

(a) The family’s motivation for applying to become a foster family;

(b) The strengths, weaknesses and personal adjustment of each member of the household;

(c) An assessment of the applicant’s ability to provide for the physical and emotional needs of a child;

(d) The adjustment of any birth or adoptive children in the home;

(e) Discussion of the family’s religious orientation, if any;

(f) The applicant’s attitude toward the parents of children placed in foster care;

(g) The applicant’s child caring skills;

(h) The type of child desired;

(i) The types of children who might be appropriate for placement with the family; and

(j) The types of children who might be inappropriate for placement with the family.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.037, Amended_________.

 

65C-15.025 Monitoring and Annual Licensing Study.

A certified licensing counselor, specialist or supervisor as referenced in Section 402.40, F.S., staff member of the agency shall conduct an annual relicensing evaluation of the agency’s licensed foster homes in order to make a timely recommendation to the department in regard to renewal of the family’s license.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Formerly 10M-24.038, Amended_________.

 

65C-15.026 Recommendations to Deny an Initial License or Revoke a Family Foster Home License.

The agency shall send the Ddepartment written notice of its their intent to request denial or revocation of a family foster home license. The agency shall state the reasons it is requesting they are contemplating denial or revocation and shall provide the Ddepartment with documentation supporting their findings. All license revocations shall comply with requirements of Chapter 120, F.S.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Formerly 10M-24.039, Amended_________.

 

65C-15.027 The Agency’s Responsibilities to Licensed Out-of-Home Caregivers Foster Parents.

(1) The agency shall provide or identify training opportunities for licensed out-of-home caregivers in accordance with Chapter 65C-13, F.A.C. foster parents to increase their skills and ability to parent children who are not their own. The agency shall ensure that each newly licensed foster parent receive not less than 12 hours of training per year during the first two years of licensure. Training opportunities should include,

(a) training on agency policy,

(b) rules and laws,

(c) training which provides foster parents with an understanding of foster care,

(d) training which provides foster parents with an understanding of the needs of children and their families,

(e) training on the responsibilities of the foster parent to the agency and the child.

(2) The agency shall have a signed “Partnership Plan for Children in Out-of-Home Care”, CF-FSP 5226, January 2015, incorporated by reference and available at www.dcf.state.fl.us/publications, and a signed “Confidentiality Agreement for Foster Parent Application”, CF-FSP 5087, February 2013, incorporated by reference and available at www.dcf.state.fl.us/publications, with all licensed out-of-home caregivers. agreement with all foster parentswhich includes the following:

(a) Expectations and responsibilities of the agency staff and the foster parents;

(b) The fiscal and medical arrangements for the children placed in the home;

(c) The authority which foster parents can exercise for the children placed in their home;

(d) The actions which require agency staff authorization; and

(e) A statement of the agency’s discipline policy.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.040, Amended_________.

 

65C-15.028 Adoptive Home Study.

The agency shall conduct an adoptive home study in accordance with Chapter 65C-16, F.A.C.

(1) The agency shall make an evaluation of the adoptive family before placement of a child, which shall include at least one home visit.

(2) The evaluation study shall be summarized in a written report.

(3) The report shall be maintained by the agency as a permanent record, and shall include the following:

(a) The applicant’s motivation for adoption;

(b) The strengths, weaknesses and personal adjustment of each member of the household;

(c) The attitudes and feelings of the family, its extended family members, or significant others towards adoptive children;

(d) The attitudes of the applicants toward the birth parents and the reasons children may be in need of adoptive placement;

(e) The applicant’s plan for discussing adoption with the child;

(f) The applicant’s emotional stability and maturity;

(g) The applicant’s ability to cope with problems;

(h) The applicant’s capacity to give and receive affection;

(i) The applicant’s child caring skills;

(j) The adjustment of birth children, and previously adopted children, if appropriate;

(k) The applicant’s ability to provide financially for the child and other family members;

(l) A medical assessment identifying any medical problems which may limit the applicant’s ability to parent a child to adulthood;

(m) The applicant’s religious orientation, if any;

(n) The location and physical environment of the home;

(o) The plan for child care if the prospective adoptive parents both work outside the home;

(p) A recommendation in regard to the number, age, sex, characteristics, and special needs of the children who can be best served by the family;

(q) Evidence of screening of the applicants by the Florida Protective Services System Abuse Registry and law enforcement clearance; and

(r) Any special characteristics or limitations of the applicant’s regarding children placed for adoption in their home.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.042, Amended_________.

 

65C-15.029 Services to Adoptive and Birth Parents.

(1) The agency shall provide adoptive services in accordance with Chapter 65C-16, F.A.C.

(2) If an agency pays, directly or indirectly, for a female who is pregnant to come to Florida for the purpose of placing the child, when born, for adoption with the agency, then the agency shall be responsible for returning the female to the state of origin if she wishes to return immediately after she is able to travel. If the mother decides not to place the child with the agency for adoption, then the agency shall be responsible for returning the mother and child to the state of origin, if the mother wishes to return, immediately after the baby is ready to travel.

(1) The agency shall discuss the potential child with the prospective adoptive family and shall prepare them for the placement of a particular child. The preparation shall include, but not be limited to:

(a) Presentation of written information about the child, his personal characteristics, a copy of his complete medical history and files, if available, his academic potential and school performance including copies of school report cards, if applicable, and all available non-confidential information about the child’s background and his birth family.

(b) Completion of at least one visit with the child prior to placement. Placement of foreign children and infants handled by a licensed Florida child-placing agency are exempted from the requirement of pre-placement visits.

(2) The agency social worker shall visit with the adoptive family at least monthly, after the placement of a child, until the adoption is finalized.

(a) Observations made during the visits shall be documented in a case file and shall form a basis for case planning with the family and the child.

(b) The agency shall assist the family and the child with problems that are identified in the placement and shall work toward their remediation.

(c) If the agency places a child out of the state for the purposes of adoption, the agency shall comply with the Section 409.401, F.S., et seq., the Interstate Compact on the Placement of Children. A request for supervision and services to be provided by another licensed child-placing agency must be in writing. The written request must contain a request for periodic status reports on the child’s progress and adjustment.

(3) The agency shall provide service to the adoptive family and child until the adoptive placement is finalized or terminated.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175, 409.401, et seq. FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.043, Amended_________.

 

65C-15.030 Case Records.

The agency shall arrange storage for a minimum of five (5) years for case records of children in foster care or residential group care. Case records shall be permanently retained of children placed by the agency for adoption, their biological families and adoptive families.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Formerly 10M-24.045, Amended_________.

 

65C-15.031 Child’s Case Records.

(1) The agency shall maintain current records for each child placed in a foster home, adoptive home, or residential group care facility in accordance with Chapter 65C-30, F.A.C. The following information at a minimum shall be contained in each file:

(a) Demographic information including the name, address, social security number, sex, religion, race, birth date, and birth place of the child;

(b) The name, address, telephone number, social security numbers, and marital status of the parents or guardians of the child;

(c) The name, address, and telephone number of siblings if placed elsewhere and other significant relatives, if available;

(d) Copies of legal documents of importance to the type of care, such as birth record and any court dispositions;

(e) The medical history shall include, if available, cumulative health records, addresses of all health care providers who provided treatment, examination or consultation regarding the child, as well as all psychological and psychiatric reports;

(f) The social assessment and background of the family and parents;

(g) A summary which reflects the dates of contact, initial assessment, case plan, and content of the worker’s visits;

(h) The circumstances leading to the decision of the parents to place the child, the agency’s involvement with the parents, including services offered, delivered, or rejected;

(i) Educational records and reports, if applicable;

(j) Summary of case reviews which reflect the contacts with and the status of all family members in relation to the case plan, as well as the achievements or changes in the goals;

(k) Summary of any administrative or outside service reviews on the progress of each child toward goal determination;

(l) Summary of child’s contacts with family members which reflect the quality of the relationships as the way the child is coping with them; and

(m) A record of the child’s placements with names of caregivers, addresses, and the dates of care.

(2) The agency shall make every effort to maintain stable foster care placements for each child in foster care. When replacement is indicated, first consideration shall be given to returning the child to the parents or to placing the child with relatives, except for children surrendered for adoption. If the return of the child to the parent or placement of the child with a relative is not appropriate, all of the following shall be documented in the child’s record within 10 working days after replacement in foster care:

(a) The reason for replacement;

(b) An evaluation of the appropriateness of continued foster care;

(c) Documentation of replacement preparation appropriate to the child’s capacity to understand;

(d) Evidence of notification to the parents of the child’s replacement, unless surrenders for adoption are obtained; and

(e) The information that was shared with the new foster parents about the child, including the case plans.

(3) Upon discharge a child’s record shall contain:

(a) A discharge summary showing services provided during care, the growth and accomplishments, needs which remain to be met, and recommendations of the services needed to meet these goals;

(b) Date of discharge, reason for discharge, and the name, address, telephone number, and relationship of the persons or agency to whom the child was discharged; and

(c) After care plans which specify the responsibility for follow-through.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.046, Amended_________.

 

65C-15.032 Family Case Record.

(1) The agency shall have on file a record of the family of every child whom the agency places into care which contains:

(a) Demographic information including address, birth dates, race, religion, family composition, and persons important to the child;

(b) The social history, including any psychological or psychiatric reports and medical histories;

(c) Strengths and needs of the family and the services required;

(d) The agency’s Worker’s assessment and initial case plan;

(e) Signed agreements between the agency and family or legal guardian;

(f) Summary of dates of contact and progress toward goals;

(g) Permanency status Case review reports; and

(h) Discharge summary.

(2) If the agency receives received the child from a custodian other than a parent, the agency shall also maintain these records on the prior custodian.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.047, Amended_________.

 

65C-15.033 Family Foster Home Records.

The agency shall keep separate records for each family foster home in accordance with Chapter 65C-13, F.A.C. which shall contain:

(1) The application to provide foster care;

(2) Verification that the screening requirements of Section 409.175, F.S., Chapter 10-20, F.A.C., have been successfully met;

(3) Family assessment;

(4) Medical information;

(5) Annual assessment of strengths and weaknesses of the foster family relative to the care of the individual children placed with them;

(6) All licensing compliance studies and reports connected with it;

(7) List of children placed, dates admitted, date of discharge, and reason for discharge; and

(8) A termination summary for homes which are closed, and the reason for closing.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Formerly 10M-24.048, Amended_________.

 

65C-15.034 Adoptive Home Records.

The agency shall keep records for each adoptive family which shall contain:

(1) The application for adoption applications;

(2) The adoptive assessment study;

(3) Medical information;

(4) Character references from a least three (3) sources;

(5) A summary of family contacts following approval for adoption until the child is placed;

(6) A copy of the information given to the parent’s concerning the child or children to be placed for adoption with them;

(7) All legal documents pertaining to the adoption; and

(8) Summary containing the placement decision, pre-placement and post-placement contacts with the family and the adoptive child, including services provided to stabilize the placement and decisions regarding finalization of the adoption.

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.049, Amended_________.

 

65C-15.035 Agency Closure.

If a child-placing agency ceases operation, for any reason, it shall notify the Ddepartment in writing at least 30 calendar days prior to closing and shall provide the following information to the Ddepartment:

(1) Legal transfer of surrender and releases of any children in its custody to another licensed child-placing agency or to the Ddepartment;

(2) Documentation of aAppropriate transfer of responsibility for children in temporary placement to another licensed child-placing agency or to the Ddepartment.

(3) Deposit Aall open and closed records to the department or another licensed child-placing agency.

(4) (3) Documentation of aAppropriate transfer or termination of services to all other clients.;

Rulemaking Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Formerly 10M-24.050, Amended_________.

 

65C-15.036 Intercountry Adoption Services.

(1) The agency which engages in intercountry adoptions shall provide to the adoptive parents all legal documents, pertaining to the adopted child, which have been obtained from the child’s country of origin.

(2) The agency shall comply with all applicable adoption laws of the child’s country of origin and the state of Florida.

(3) The agency which engages in intercountry adoptions shall comply with the requirements of the United States Immigration and Nationality Act as specified in Sections 1431 through 1434, 8 USC 1431, 1433, and the Intercountry Adoption Universal Accreditation Act of 2012, 42 USC 14901 et seq.

Rulemaking Specific Authority 63.022, 409.175(5)(a) FS. Law Implemented 63.022, 409.175(5)(a) FS. History–New 10-27-93, Formerly 10M-24.052, Amended_________.

 

65C-15.037 Interstate Adoptions.

All interstate adoptions shall comply with the Interstate Compact on the Placement of Children, Section 409.401, F.S. All states, the District of Columbia and the United States Virgin Islands are members of the Interstate Compact on the Placement of Children. The placement of any child for adoption outside of the state of Florida with a member state or jurisdiction must be done in accordance with the Interstate Compact on the Placement of Children pursuant to the following procedures, which shall also be used when placing or bringing a child into Florida from a member state or jurisdiction. The only exemption to this rule is found in Section 409.401, Article VIII, F.S., Interstate Compact on the Placement of Children.

(1) When placing a Florida child in a member state or jurisdiction for adoption, the initial placement request package of the sending agency or person must include an original and four copies of an ICPC 100A Interstate Compact Placement Request, Form CF 794, Oct. 96, which is hereby incorporated by reference, properly completed and signed, showing the agency as responsible for planning for the child, and as financially responsible for the child, and at a minimum, three complete sets of the following:

(a) A cover letter on agency letterhead that:

1. Shows the name and phone number of the agency professional staff person who is handling the adoption;

2. Indicates in what state the adoption is to be finalized;

3. Addresses the termination of parental rights of the birth father, if that subject is not included in the enclosed adoption request package;

4. Includes a list identifying the contents of the enclosed adoption request package; and

5. Is signed by an authorized agency representative.

(b) Consents:

1. An executed consent for voluntary surrender of the child signed by the birth mother and birth father, showing that the agency has been given responsibility for the child;

2. If an executed consent for voluntary surrender of the child from the birth father is not available, information must be provided stating how his parental rights will be addressed.

(c) Family history, social and medical information on the birth mother and birth father, including a clear statement as to American Indian tribal affiliation or heritage;

(d) A narrative report on the social and educational background of the birth mother and birth father giving a clear picture of the birth parents and the reasons for their decision to place rather than parent their child. This report must contain a signed statement by the birth parents indicating their preference for registering their names in the Florida Adoption Reunion Registry pursuant to Sections 63.165, F.S.;

(e) A counseling summary which reflects that the birth parents were advised of alternatives to adoption and that they freely chose adoption from the available alternatives;

(f) Medical information;

1. A legible copy of a hospital birth delivery and medical information report on the child, signed by a physician or registered nurse, and if the child is 1 year old or older, a legible copy of a physical examination report signed by a physician and completed within six months of the date of the proposed placement request; and

2. A legible copy of a hospital discharge report signed by a hospital official, which identifies the child and the child’s medical condition at the time of discharge; and

3. Legible copies of any medical reports or assessments on the child’s physical or mental health and development.

(g) The name and address of the licensed agency or person who has completed or updated the adoption home study on the prospective adoptive parents within one year of the proposed placement request, a copy of that home study, and a properly completed original Ddepartment Adoptive Home Application, Form CF-FSP 5071, Oct. 96, which is hereby incorporated by reference, signed by the prospective adoptive parents and notarized.

(h) A letter from the agency or person who will be providing supervision of the child and the prospective adoptive parents during the period between initial placement and finalization of the adoption, indicating that they have a current professional license in their state, and agree to perform the required supervision services.

(i) A copy of a court order permanently committing the child to the agency or an At Risk Placement Agreement signed by the prospective adoptive parents which acknowledge that they understand that the agency does not yet have permanent commitment of the child, and if, for some reason, the court does not grant permanent commitment to the agency, that they may have to return the child to the agency.

(j) It is the responsibility of the Florida licensed child-placing agency to be knowledgeable of the adoption requirements of the receiving state or jurisdiction, and to include in the sending agency placement request package any additional documents that may be required by that state or jurisdiction.

(k) The Florida Interstate Compact office will not accept facsimile transmission of an interstate placement request package.

(2) On interstate adoptive placement requests received from a sending state or jurisdiction that is a party state under the Interstate Compact on the Placement of Children, Section 409.401, F.S., the placement request package of the sending state must include an original and three copies of their ICPC 100A Interstate Compact Placement Request form, properly completed and signed, showing the sending agency or person as responsible for planning for the child, and as financially responsible for the child, and, at a minimum, two complete sets of materials which include:

(a) Documents showing the legal status of the child, and that the parental rights of both birth parents have been terminated, or if the child is not legally free for adoption, a copy of an At Risk Placement Agreement signed by the prospective adoptive parents. The prospective adoptive parents must acknowledge that they understand the rights of the birth parents have not been terminated, and if the court does not terminate those parental rights, they may be required to return the child to the sending state.

(b) Medical Information:

1. Medical records showing the child’s date and place of birth and current medical condition. If the child is 1 year of age or older, a legible copy of a medical report must have been completed within 12 months from the date of the placement request.

2. If the child has any physical or developmental or mental health problems, there must be evidence that the prospective adoptive parents have been made aware of the full extent of the child’s health problems and that they are willing and able to provide the necessary care.

(c) Documents showing that:

1. The birth parents were interviewed in regard to their rights in the adoption and their preference for registering their names in the Florida Adoption Reunion Registry.

2. Family history, social and medical background on the birth family has been gathered and prepared, including a clear statement as to American Indian tribal affiliation or heritage.

(d) An adoptive home study or update completed within 12 months of the request for placement prepared by an agency or individual licensed to provide this service in the state of Florida. A copy of a properly completed original Ddepartment Adoptive Home Application, Form CF-FSP 5071, Oct. 96, signed by the prospective adoptive parents and notarized must be attached to the home study.

(e) A letter from a Florida licensed child-placing agency, or intermediary, who is responsible for supervision of the child and the prospective adoptive parents during the period between initial placement and finalization of the adoption, identifying the person who will perform this service, and indicating that this person has a current professional license, and agrees to perform the required supervision.

(f) The Florida Interstate Compact office will not accept a facsimile transmission of an interstate placement request package from a sending state Interstate Compact office, agency, intermediary or person.

(g) It is the responsibility of the Florida licensed child-placing agency, or intermediary, to obtain those legal and other documents from the sending state or jurisdiction that may be required by Florida law to complete or finalize an adoption in Florida.

(3) It is the responsibility of the licensed child-placing agency to properly complete, sign and submit an ICPC 100B Interstate Compact Report on Child’s Placement Status, Form CF 795, Oct. 96, which is hereby incorporated by reference, to the Florida Interstate Compact office under the following circumstances:

(a) Upon initial placement of the child with the prospective adoptive parents;

(b) Upon any change in the physical location of the adoptive child prior to finalization of the adoption.

(c) Upon finalization of the adoptive placement with the adoptive parents. On this occasion, a copy of the final adoption court order must accompany this form.

(4) Information on preparation of interstate placement requests and Ddepartment forms, required by this administrative rule, may be obtained by writing to the following address:

Office of the Interstate Compact on the Placement of Children

Family Safety and Preservation Office

Florida Department of Children and Family Services

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Rulemaking Specific Authority Chapter 63, 409.401, 409.175 FS. Law Implemented Chapter 63, 409.401, 409.175 FS. History–New 5-17-98, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kristi Putnam

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 5, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 16, 2014