The Department intends to amend multiple rules within Chapter 65C-16, Adoptions, to accomplish the following issues: 1) Make rule language reflective of legislative changes to Chapter 63 and Chapter 39, F. S.; 2) Simplify wording and resolve issues ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-16.001Definitions

65C-16.002Adoptive Family Selection

65C-16.003Case Reviews

65C-16.004Recruitment, Screening and Application Process/Adoptive Applicants

65C-16.005Evaluation of Applicants

65C-16.007Abuse Hotline and Registry and Criminal Records Checks

65C-16.008Dispute Resolutions and Appeals

65C-16.009Adoption Placement

65C-16.010Adoption Placement - Post-Placement Services

65C-16.011Confidentiality - Human Immunodeficiency Virus (HIV) Infected Clients

65C-16.012Types of Adoption Assistance

65C-16.013Determination of Maintenance Subsidy Payments

65C-16.014Post Adoption Services

65C-16.015Non-Recurring Adoption Expenses

65C-16.016Access to Closed Adoption Records

65C-16.017Florida Adoption Reunion Registry

65C-16.019Intervention in Dependency Cases

65C-16.020Communication or Contact

PURPOSE AND EFFECT: The Department intends to amend multiple rules within Chapter 65C-16, Adoptions, to accomplish the following issues: 1) Make rule language reflective of legislative changes to Chapter 63 and Chapter 39, F. S.; 2) Simplify wording and resolve issues of ambiguity; and 3) Add clarifying language for implementation of the Adoption Review Committee process. Additionally, the Department intends to add two new rules within Chapter 65C-16 to accomplish the following: 1) To clarify the Department’s role when an intervention motion is filed in a dependency case by an adoption entity; 2) To clarify the process for communication or contact between the child and family members pending finalization of an adoption; and 3) To clarify the process for establishing post adoption communication or contact between the child and siblings or significant adults at the time of finalization of the adoption. A summary of the rule changes are as follows:

• Delete definitions that are defined in statutory language, revise language of ambiguous definitions and add new definitions for clarification.

• Add language to clarify the federal law requirement of the Multi-Ethnic Placement Act when a particular child presents specific compelling special circumstances.

• Revise language to clarify the requirements for an assessment to determine the best interest of the child when making an adoptive family selection.

• Add clarifying language regarding grandparent and relative priority as specified in Chapter 63.

• Revise and clarify the processes that shall be completed when multiple families apply to adopt the same child.

• Add additional requirements for adoption staff when completing a Child Study.

• Revise language to clarify the requirements for quarterly case reviews.

• Add and clarify the language regarding the adoption recruitment activities that shall be completed for children available for adoption without an identified adoptive family.

• Revise and clarify the requirements for completion of an adoptive home study, including implementation of the statutory requirement for applicants to sign the form, Acknowledgement of Firearm Safety Requirements.

• Revise and clarify the processes for creation and implementation of an Adoption Review Committee within each Community Based Care Agency.

• Revise language to clarify the processes that shall be completed when a service or home study is denied.

• Add clarifying language for adoption staff to complete assessments for services prior to adoption placements.

• Add language to clarify when a 90 day supervision period is not required.

• Delete and add clarifying language for adoption staff regarding the requirement to inform adoptive applicants of adoption benefits.

• Delete the language that adoption assistance is contingent upon state funding as this is contrary to federal regulations.

• Delete and add clarifying language for implementation by adoption staff of the processes for determining adoption subsidy payments.

• Add clarifying language for agencies to implement post adoption services.

• Add clarifying language for implementation by adoption staff of the processes that shall occur when a request is received for the release of closed adoption records.

• Add a new rule for implementation by adoption staff and Children’s Legal Services of processes that shall be completed when an intervention motion is filed by an adoption entity.

• Add a new rule for implementation by adoption staff of the processes that shall be completed when the termination of parental rights has been granted and communication or contact between the child and family members, especially siblings, is assessed.

• Add a new rule for implementation by adoption staff of the processes that shall be completed regarding communication or contact between the child and family members or significant adults after finalization of an adoption.

• Added delegation of responsibility for subsidy payments.

SUBJECT AREA TO BE ADDRESSED: Adoptions.

RULEMAKING AUTHORITY: 39.012, 39.0121, 39.0137, 63.233, 381.004(2)(e)(11), 409.166(8), 409.167(6) FS.

LAW IMPLEMENTED: 39.0138, 39.521, 39.812, 63.039(1), 63.042, 63.0425, 63.0427, 63.085, 63.092, 63.125, 63.162, 63.165, 63.207, 381.004(2)(e)(11), 409.166, 409.167 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jodi Abramowitz, [e-mail] or [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.