The Department intends to amend Rule 65C-28.004, F.A.C, Placement Matching, to conform to the 2017 amendments to section 39.523, F.S.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.: RULE TITLE:

65C-28.004: Placement Matching

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-28.004, F.A.C, Placement Matching, to conform to the 2017 amendments to section 39.523, F.S.

SUMMARY: The amendments accomplish the following: (1) Require an initial assessment to determine whether relative or non-relative placement is an appropriate out-of-home placement; (2) Require a multidisciplinary team staffing to prior to placement in licensed care; (3) Specify factors that must be considered by the multidisciplinary team; (4) Set forth documentation requirements; (5) Establish requirements for the placement and care of children with special behavioral and physical health needs; and (6) Set forth child welfare professional placement responsibilities.

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: 39.012, 39.0121(2), (6), (12), (13), 39.307(7), 39.523(5), 409.145(5), FS.

LAW IMPLEMENTED: 39.307(1)(b), 39.407, 39.522, 39.523, 409.145(2), 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:

 

 

Substantial rewording of Rule 65C-28.004 follows. See Florida Administrative Code for present text.

65C-28.004 Comprehensive Placement Assessment Matching

(1) Whenever a child is unable to safely remain at home with a parent, the most appropriate available out-of-home placement shall be chosen after an assessment of the child’s needs and availability of caregivers qualified to meet the child’s needs. The child shall be placed in a setting in as close proximity as possible to the caregiver with whom reunification is planned. 

(a) Multiethnic Placement Act of 1994, 42 U.S.C.A. §671(a)(18), and Interethnic Adoption Provisions of the Small Business Job Protection Act of 1996, P.L. 104-188, 110 Stat. 175. These federal laws require that every placement decision for children in the care or custody of the Department be made without regard to the race, ethnicity, color, or national origin of the child or the adult with whom the child is to be placed.

(b) In the case of a child who is a member of an Indian tribe or an Alaskan Native, placement shall comply with the provisions of the Indian Child Welfare Act, 25 U.S.C. §1901 et seq. (see Rule 65C-28.013, F.A.C.)  

(2) Placement Matching and Determining the Level of Care 

(a) Relative or Non-Relative Placement 

1. The Child Protective Investigator (CPI) shall either:

a. Fill out sections 1 and 2 of the Comprehensive Placement Assessment, CF-FSP 5438, date, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, or a substantially similar form, and upload the form in the Meeting Module under “Placement Staffing” in the Florida Safe Families Network (FSFN); or

b. Document the assessment and results in the Meeting Module under “Placement Staffing” in FSFN, including any reasons why placement with a relative or non-relative is not the most appropriate level of care.

2. If it is determined that the child cannot be placed in relative or non-relative care, the CPI shall contact the community-based care lead agency (CBC)  or subcontracted agency for placement into licensed foster care.

(b) Licensed Foster Care Placement

1. The CBC or subcontracted agency will coordinate a multidisciplinary team staffing with a minimum of three (3) individuals currently involved with the child, as outlined in 39.523(2)(a), F.S. 

a. The team shall consider the following factors in determining the most appropriate level of care for the child:

(I) Medical needs.

(II) Developmental needs.

(III) Mental health needs.

(IV) Medication history, including pyschotropic medications.

(V) Behavioral health needs.

(VI) Alleged type of abuse or neglect and trafficking history.

(VII) Community ties and school placement, including educational needs.

(VIII) Current placement decisions related to any siblings, including a sibling that has been previously adopted or is in an adoptive placement.  Adoptive parents of a sibling shall be contacted and, if interested, considered for placement.

(IX) Child’s age, maturity, hobbies or activities and preference for placement

b. The assessment must be updated by the CBC lead agency or subcontracted agency to include any additional information on level of care decisions for each child in out-of-home care and reviewed as often as necessary to ensure permanency for that child.  This information will be considered at each judicial review.

c.  The child welfare professional shall fill out section 3 of the  Comprehensive Placement Assessment, or a substantially similar form.

d. The child welfare professional responsible for the case shall gather information about the child and document it in the Meeting Module under “Placement Staffing” in appropriate section of the child’s FSFN record, including explanations as to why the level of care is the most appropriate for the child.

2.  If the child is suspected or identified as needing medical foster care, the child shall be referred to the local Children’s Multidisciplinary Assessment Team (CMAT) within five (5) business days.

a.  If the CMAT determines the child is eligible for medical foster care services, the child welfare professional or other designated staff shall coordinate with the Medical Foster Care program in the local area regarding arrangements necessary to meet the child’s needs.

b.  Services shall be coordinated and provided in accordance with the Medical Foster Care Statewide Operational Plan, April 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06690.

c.  The child welfare professional shall also consult with Children’s Legal Services to determine whether the child is eligible for the appointment of an attorney under Section 39.01305, F.S.

3. If the child is suspected or identified as having a developmental delay or condition, the child welfare professional responsible for the case shall ensure that a referral for an assessment and eligibility for developmental services are obtained.

4. If the child is suspected or identified as having a mental health need, the child welfare professional responsible for the case shall ensure a referral for an assessment is obtained.

5. The preferred out-of-home placement for a child with a communicable disease who is exhibiting symptoms related to such disease is with a relative or non-relative or in a licensed out-of-home setting with caregivers specifically trained for such purpose.

a. When it is necessary for infants born of mothers suspected or known to have communicable diseases to undergo medical treatment or testing immediately after birth, the Department or contracted service provider shall obtain either parental consent or a court order to allow the medical treatment to go forward. If a court order will be necessary, Children’s Legal Services shall be contacted immediately after the birth in order to expedite court involvement.

b. When a child who has such a disease and is asymptomatic but exhibiting behaviors likely to increase the risk of transmission of the disease to others, such as biting, spitting or the exchange of blood or semen, the child shall be placed in a home where the caregiver has proper training to ensure the safety of other household members.

c. Confidentiality of Records. The following written statement shall be provided to the out-of-home caregiver or provider: “This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of such information without the specific written consent of the person to whom such information pertains, or as otherwise permitted by state law.”

6. When it is necessary to place a child who is known to have any behaviors that may result in harm, the person making the placement shall implement safeguards to ensure that the needs of the child for supervision, treatment, and interventions are addressed and that the safety of other children in the same setting is ensured. The child welfare professional responsible for the case shall document the safeguards in the child’s behavior management plan or care precaution plan.

a. The child welfare professional shall contact the agency designee for behavioral health services in the region for consultation in accessing services and treatment at levels appropriate to the severity of the child’s condition, including possible placement in a therapeutic foster care setting.

b. The referral guidelines for therapeutic foster care are contained in the Florida Medicaid Community Behavioral Health Services Coverage and Limitations Handbook, March 2014, incorporated by reference in Rule 59G-4.050, F.A.C.

c. Medicaid Fair Hearing Requirements. When a child or family has had Medicaid funded services denied, suspended or terminated, the child welfare professional shall assist the child or family in requesting a fair hearing. The Florida Medicaid Community Behavioral Health Services Coverage and Limitations Handbook addresses Fair Hearing Notices. Refer to Rules 65-2.042-.069, F.A.C., regarding the conduct of fair hearings.

8. If it is determined that during that comprehensive placement assessment process that residential treatement would be suitable for the child, the provisions in Section 39.407, F.S., must be followed.

(3) Child Welfare Professional Placement Responsibilities.  When a child is placed in out-of-home care, the child welfare professional responsible for the case shall:

(a) Review with the out-of-home caregiver the care and supervision needs of the child, including any special physical, medical, emotional, or developmental needs.

(b) Provide the licensed out-of-home caregiver the Child’s Resource Record. The Child’s Resource Record from previous placement(s) shall be reviewed with the out-of-home caregiver upon the child’s new placement. The child welfare professional responsible for the case shall discuss with the licensed out-of-home caregiver the caregiver’s role in maintaining and updating the Child’s Resource Record.

(c) Sign a copy of the “Partnership Plan for Children in Out-of-Home Care,” CF-FSP 5226, January 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06689, obtain a signature of the out-of-home caregiver attesting acknowledgment of the requirements at time of placement, and place in  the child’s case record.

(d) Provide any formal assessment of the child to the child’s parent, out-of-home caregiver, Children’s Legal Services attorney, and guardian ad litem and child’s attorney, if appointed.

(e) Encourage and provide necessary support to the parent and out-of-home caregiver in participating in the assessment or medical evaluation process.

(f) Whenever a special need is suspected, provide service referrals.

(g) Document in FSFN any notification provided to parents and others regarding a child’s assessment and any referrals made as a result of the assessment.

(h) If there is any potential that a child may qualify for social security survivor benefits, social security disability benefits or Supplemental Security Income due to disability, or other benefits, ensure that an application is made for the benefits on behalf of the child and documented in FSFN.

(i) When a disability is determined and a need for services is identified, arrange for services for the child and supports for the out-of-home caregiver.

(j) When a child is identified as a victim of sexual abuse and needs to be placed in out-of-home care, take actions to ensure that the needs of the child for emotional safety and recovery are addressed and that precautions are taken in regards to the safety of other children in the same setting. 

(k) When a child who is known to have any behaviors that may result in harm, the person making the placement shall provide the caregivers with written, detailed, and complete information regarding the circumstances surrounding the child’s behavior so that they can avoid any unwitting replication of those circumstances. Information given to caregivers shall include the dates of all known incidents; the nature of the relationship between the child and victim; the types of behavior exhibited; a brief narrative outlining the event; the types of treatment needed or provided and any current treatment outcomes.

(l) For additional case management responsibilities after case transfer see 65C-30.007, F.A.C.

Rulemaking Authority 39.012, 39.0121(2), (6), (12), (13), 39.307(7), 409.145(5) FS. Law Implemented 39.307(1)(b), 39.407, 39.522, 39.523, 409.145(2) FS. History–New 5-4-06, Amended 5-8-16,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tanisha Lee

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Rebecca Kapusta

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 20, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 4, 2019