The Department intends to amend Rules 65C-27.001-.002, F.A.C., to add definitions and clarify the procedure and timeframes for obtaining a suitability assessment for children in need of residential treatment.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-27.001Definitions

65C-27.002Timeframes

PURPOSE AND EFFECT: The Department intends to amend Rules 65C-27.001-.002, F.A.C., to add definitions and clarify the procedure and timeframes for obtaining a suitability assessment for children in need of residential treatment.

SUMMARY: The amendments accomplish the following: (1) Definitions for Behavioral Health Care Coordinator, Independent Review, and Qualified Evaluator are amended; (2) Definitions for Qualified Evaluator Network, Residential Treatment, and Suitability Assessment are added; and (3) Responsibilities are assigned to the behavioral health care coordinator and Qualified Evaluator Network provider.

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: 39.407(6)(i), FS.

LAW IMPLEMENTED: 39.407(6), 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 [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-27.001 Definitions.

(1) “Behavioral Health Care Coordinator” means the person designated by the community-based care lead agency who is responsible for coordinating multi-disciplinary meetings related to the behavioral health needs of children served by the agency and who facilitates the local suitability assessment process. “Qualified Evaluator” means a psychiatrist or psychologist licensed in Florida who has at least 3 years of experience in the diagnosis and treatment of serious emotional disturbances in children and adolescents and who has no actual or perceived conflict of interest with any inpatient facility or residential treatment center or program.

(2) “Independent Review” means an assessment by a qualified evaluator that includes a personal examination and assessment of the child in residential treatment. The assessment includes an evaluation of the child’s progress toward achieving the goals and objectives of the treatment plan which must be submitted to the court. “Suitability Assessment” means a determination by a qualified evaluator as to whether a child or adolescent meets the criteria in Section 39.407(5)(a), F.S., for needing placement in a residential treatment center. The assessment includes a personal examination and assessment of the child and results in written findings.

(3) “Qualified Evaluator” is defined in Section 39.407(6)(b), F.S. “Independent Review” means assessment by a qualified evaluator that includes a personal examination and assessment of the child in residential treatment. The assessment includes evaluation of the child’s progress toward achieving the goals and objectives of the treatment plan, which must be submitted to the court.

(4) “Qualified Evaluator Network”  means services that are contracted by the Department as of July 1, 2016 and includes the maintenance of a network of independent qualified evaluators, coordination of initial and 90-day suitability assessments, and quality assurance activities to ensure that standardized criteria are applied by the evaluators. The Agency for Health Care Administration maintains  responsibility for registering qualified evaluators as described in Rule 59G-4.266, F.A.C. “Residential Treatment” as defined in Section 39.407(5)(a)1., F.S.

(5) “Residential Treatment” is  defined in Section 39.407(6)(a)1., F.S.

(6)  “Suitability Assessment” means a determination by a qualified evaluator as to whether a child or adolescent meets the criteria in Section 39.407(6)(a)3.a.-c., F.S., for needing placement in a residential treatment center. The assessment includes a personal examination and assessment of the child and results in written findings.

Rulemaking Specific Authority 39.407(6)(i) 39.407(5)(i) FS. Law Implemented 39.407(6) 39.407(5) FS. History–New 12-30-01, Amended____.

 

65C-27.002 Timeframes.

(1) When the department believes that a child is in need of an initial suitability assessment for residential treatment, a representative of the Ddepartment or community-based care lead agency (CBC) must coordinate the referral for assessment through the CBC’s behavioral health care coordinator make a request to the Agency for Health Care Administration that coordinates the qualified evaluator registry.

(2) It is the responsibility of the behavioral health care coordinator department to:

(a) Oobtain from the Department’s contracted Qualified Evaluator Network provider appointment information the Agency for Health Care Administration the time and place for the evaluation and provide notification to the parties necessary to arrange transport of the child; and

(b) Provide copies of the required clinical records to the appointment with the appointed qualified evaluator.

(3) The guardian ad litem and attorney for the child shall be provided notice to allow for the opportunity to meet the child, if applicable, and speak with the Qualified Evaluator.  The person reponsible for said notification shall be determined by local agreement. After 14 working days the department shall contact the Agency for Health Care Administration to obtain a copy of the findings of the evaluator.

(4) The Qualified Evaluator Network provider will provide notice of the scheduled appointment within two (2) business days of referral receipt.  The initial suitability assessment appointment will be scheduled to occur within five (5) business days of the completed referral.  For all children in the custody of the department  that are placed in residential treatment, an independent review must be conducted at least every 90 days after the child’s initial placement so long as the child remains placed in a residential treatment center. It is the department’s responsibility notify the Agency for Health Care Administration no later than 60 days from the child’s initial placement in residential treatment and every 90 days thereafter so long as the child remains placed in a residential treatment center to request an independent review.

(5) The Qualified Evaluator Network provider will provide a copy of the completed suitabilility assessment, with findings, to the behavioral health coordinator within eight (8) business days of the appointment.

(6) For all children in the custody of the Department who are placed in residential treatment, an independent review must be conducted at least every 90 days after the child’s initial placement so long as the child remains placed in a residential treatment center. It is the behavioral health coordinator’s responsibility to request a 90-day review from the Qualified Evaluator Network provider no later than 60 days from the child’s initial placement in residential treatment and every 90 days thereafter so long as the child remains placed in a residential treatment center.

Rulemaking Specific Authority 39.407(6)(i) 39.407(5)(i) FS. Law Implemented 39.407(6) 39.407(5) FS. History–New 12-30-01, Amended____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tory Wilson

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/27/16

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 12/21/16