The Department of Children and Families intends to amend several rules within Chapter 65C-28, Out-of-Home Care, to implement legislative changes; implement the federal Fostering Connections to Success and Increasing Adoptions Act of 2008; implement ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-28.001Definitions

65C-28.002Visitation

65C-28.003Medical Treatment

65C-28.004Placement Matching Requirements

65C-28.005Changing Placements

65C-28.006Permanency Staffings

65C-28.007Voluntary Licensed Out-of-Home Care

65C-28.009Adolescent Services

65C-28.010Minor Parents in the Custody of the Department

65C-28.011Criminal, Delinquency and Abuse/Neglect History Checks for Relative and Non-Relative Placements

65C-28.012Home Studies for Relative and Non-Relative Placements

65C-28.013Indian Child Welfare Act

65C-28.014Behavioral Health Services

65C-28.015Residential Mental Health Treatment

65C-28.017Exit Interviews

65C-28.018Meeting the Child's Educational Needs

65C-28.019Normalcy

PURPOSE AND EFFECT: The Department of Children and Families intends to amend several rules within Chapter 65C-28, Out-of-Home Care, to implement legislative changes; implement the federal Fostering Connections to Success and Increasing Adoptions Act of 2008; implement the care of children; quality parenting; “reasonable and prudent parent” standards established in Florida Statute 409.125; clarify the Department’s role and responsibility with regard to the Indian Child Welfare Act; clarify the Department’s role and responsibility in documenting information in the State Automated Child Welfare Information System (SACWIS); add language to ensure children’s educational needs are met; and align language to adhere to the Florida Safety Decision-Making Methodology business model. A summary of the rule changes are as follows:

Compliance with the federal Fostering Connections to Success and Increasing Adoptions Act of 2008:

• Requires States to ensure coordination of health care services, including mental health and dental services, for children in foster care.

• Requires that each child receiving title IV-E foster care payments be a full-time student unless he/she is incapable of attending a school due to a documented medical condition.

• Requires the caseworker to develop a personalized transition plan for youth at least 90 days prior to the youth exiting foster care.

• Requires that each case plan include a plan for ensuring the educational stability of children in foster care.

Compliance with the Indian Child Welfare Act:

• Requires compliance with placement preferences for American Indian children as mandated by the Act.

• Removes Alaskan Native wording.

• Clarifies language regarding termination of parental rights to comply with provisions of the Act.

Compliance with federal requirements of the State Automated Child Welfare Information System (SACWIS):

• Ensures data regarding the status, demographic characteristics, location, and goals for placement of children in out-of home care is entered into SACWIS.

Education

• Adds language to ensure educational issues, such as a school placement, are addressed prior to placing a child in an out-of-home care setting.

• Adds language to ensure that children with learning disabilities have an educational decision-maker identified prior to making a placement in an out-of-home care setting.

• Adds language to address school enrollment and records of children in out-of-home care.

• Adds language to ensure that the educational needs of children in out-of-home care are met. These needs include school placement, transportation, and special education.

Medical Treatment:

• Modifies language to specify that ongoing health care and treatment provisions include those services authorized in law instead of those required by Florida Administrative Code.

• Adds language ensuring that parents will remain financially responsible for the medical care and treatment needs of their children.

• Removes language requiring parental consent to medical treatment for children in the custody of relatives or non-relatives when parental rights have been terminated.

Placement Matching Requirements:

• Adds language to specify that certain actions are required, such as developmental screening and medical screening, before placement of children with special needs.

• Removes language regarding services provided through an interagency agreement between the Department, Department of Health, and the Agency for Health Care Administration for children with special medical needs. Language will be added to address services provided in accordance with the Medical Foster Care Statewide Operational Plan.

• Modifies language for children requiring therapeutic placement.

Care of children; quality parenting; “reasonable and prudent parent:”

• Provide language to assist the caregiver in determining whether he or she is able to appropriately care for a particular child.

• Include new roles and responsibilities of the department, the community-based care lead agency, and other agency staff.

• Add language that outlines the “reasonable and prudent parent” standard.

SUBJECT AREA TO BE ADDRESSED: Children in Out-of-Home Care.

RULEMAKING AUTHORITY: 39.012, 39.0121, 39.0138, 39.307, 39.407, 39.4091, 39.5075, 394.4781, 409.145, 409.1451, 409.165, 409.175, 743.0645 FS.

LAW IMPLEMENTED: 39.0137, 39.0138, 39.0139, 39.307, 39.401, 39.402, 39.407, 39.4085, 39.504, 39.506, 39.5075, 39.5085, 39.501, 39.521, 39.522, 39.4091, 39.6012, 39.6035, 39.621, 39.624, 39.701, 39.811, 394.4781, 394.4785, 394.479, 394.495, 409.145, 409.165, 409.996, 743.0645 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.