This rule combines two previous rules dealing with child death to make the chronology of activities and roles and responsibilities of individuals involved in the investigation and review of a child death easier to understand; it clarifies ...

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Family Safety and Preservation Program

Rule No.: RULE TITLE
65C-36.001: Definitions
65C-36.002: General Provisions
65C-36.003: Responsibilities of the Florida Abuse Hotline
65C-36.004: Responsibilities Related to the Child Protective Investigation
65C-36.005: Responsibilities of the Department of Children and Family Services Region Director
65C-36.006: Responsibilities of the Lead Agency
65C-36.007: State Child Fatality Prevention Specialist Responsibilities
65C-36.008: Region Child Fatality Prevention Specialist Responsibilities
65C-36.009: Dispute Resolution
PURPOSE AND EFFECT: This rule combines two previous rules dealing with child death to make the chronology of activities and roles and responsibilities of individuals involved in the investigation and review of a child death easier to understand; it clarifies responsibilities for notifying leadership in the event of a child death; and it formalizes the roles and responsibilities of the child fatality prevention specialists. Upon promulgation of this rule, Rules 65C-30.020 and 65C-30.021, F.A.C., will be repealed.
SUMMARY: This rules ensures leadership is notified in instances of child death; requires local law enforcement and Region/Sheriff’s to incorporate procedures for joint investigations into working agreements; requires child protective investigators to meet certification requirements and be certified prior to being the primary investigation in a report involving a child death; and clarifies the role of the Child Fatality Prevention Specialist (CFPS) during the investigation and review of a death.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 39.012, 39.0121 FS.
LAW IMPLEMENTED: 39.001, 39.01 39.201, 39.301, 39.303(2)(g), 39.012, 39.306, 383.402, 409.165 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Thursday, October 28, 2010, 10:00 a.m. – 12:00 Noon
PLACE: 1317 Winewood Boulevard, Building 4, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Julie Mayo, Office of Family Safety, 1317 Winewood Boulevard, Building 1, Tallahassee, Florida 32399. Phone: [phone] or Email: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Keith Perlman, Office of Family Safety, 1317 Winewood Boulevard, Building 1, Tallahassee, Florida 32399, phone: [phone] or Email: [e-mail] If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Keith Perlman, Office of Family Safety, 1317 Winewood Boulevard, Building 1, Tallahassee, Florida 32399, phone: [phone] or Email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

65C-36.001 Definitions.

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

(2) “Child Fatality Prevention Specialist” means Department staff responsible for coordinating and documenting the Department’s local and state death review activities.

(3) “Child Protection Services” means core child protection programs, such as protective investigations, protective supervision, post-placement supervision, foster care and other out-of-home care, or adoption services.

(4) “Child Protective Investigator (CPI)” means an authorized agent in a professional position within the Department or designated sheriff’s office with the authority and responsibility of investigating reports of child abuse, neglect, or abandonment received by the Florida Abuse Hotline as defined in Section 39.01(61), F.S.

(5) “Certified” refers to the designation earned by an individual who has met the criteria for Florida certification as a Child Protective Investigator by demonstrating the knowledge, skills, abilities and priorities necessary to competently discharge the duties of his or her position classification, as evidenced by the successful completion of all applicable classroom instruction, field training, testing, and job performance requirements necessary for certification.

(6) “Comprehensive Review” means a detailed child death review and written report of the facts and circumstances surrounding the death of a child alleged to have died as a result of abuse, neglect or abandonment.

(7) “Contracted Service Provider” means a private agency that has entered into a contract with the Department or with a community-based care lead agency to provide supervision of and services to dependent children and children who are at risk of abuse, neglect, or abandonment.

(8) “Court Ordered Supervision” means the court has ordered the Department or contracted service provider to supervise the child and family over a period of time to ensure the family is stable; that they comply with the court ordered case plan and that interim status reports are submitted to the court every six months throughout the dependency process.

(9) “Family Preservation Services” means community-based services for children and families that result from a call to the Hotline that meets the criteria for a child protective investigation and a safety assessment indicates imminent risk of removal if services fail. Examples of these cases include families with significant addiction, mental illness or domestic/family violence problems. Family Preservation Services are further defined as services that if not delivered to the child would result in the child being removed from their home.

(10) “Florida Abuse Hotline” means the Department’s central abuse reporting center, which receives and processes reports of known or suspected child abuse, neglect or abandonment 24 hours a day, seven days a week.

(11) “Incident Reporting System” means the Department’s central electronic method for documenting and informing leadership and staff of critical events such as the death of a child receiving child protective services.

(12) “In-Home Non-Judicial Services” means community-based services for children and families that result from a call to the Hotline that meets the criteria for a child protective investigation, with the understanding that court action may be taken if the family fails to cooperate in fulfilling the requirements of the case plan.

(13) “Lead Agency” means an “eligible lead community-based provider” as defined in Section 409.1671(1)(e), F.S.

(14) “Limited Review” means a basic child death review and written report of the facts and circumstances surrounding the death of a child alleged to have died as a result of abuse, neglect or abandonment.

(15) “Local Child Abuse Death Review” refers to the review of a child abuse or neglect death completed by a local child abuse death review committee. The composition of local child abuse death review committee is described in Section 383.402, F.S.

(16) “Out-of-Home Care” is when a child lives in a licensed or non-licensed setting, arranged and supervised by the Department or contracted service provider, outside of the home of the parent.

(17) “Prevention Services” refers to social services and other supportive and rehabilitative services provided to the parent or legal custodian of the child to prevent or mitigate the possibility of a child being referred to the Hotline as an alleged victim of abuse, neglect or abandonment, or to reduce the incidents of abuse. Social services and other supportive and rehabilitative services shall promote the child’s physical, mental, and emotional health and a safe, stable, living environment, shall promote family autonomy, and shall strengthen family life, whenever possible.

(18) “State Child Abuse Death Review Committee” refers to the state level child abuse death review committee established and described in Section 383.402, F.S.

(19) “Statewide Automated Child Welfare Information System (SACWIS)” means the Department’s statewide automated system containing all reports, protective investigations, special conditions referrals, child-on-child sexual abuse reports and related child safety assessments and safety actions or plans and cases regarding child abuse, neglect or abandonment and pertinent information regarding all activities involved in investigative and some case management functions, including the Child’s Resource Record. The SACWIS is the state’s primary record for each protective investigation and case and all documentation requirements of the system shall be met.

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.001, 39.01, 39.012, 409.165 FS. History–New________.

 

See Former Rules 65C-30.020, 65C-30.021.

 

65C-36.002 General Provisions.

(1) Department, lead agency, contracted service provider or sheriff’s office employees providing child protection services shall cooperate with any law enforcement requests related to an investigation of the child’s death.

(2) Child death reviews are necessary for the prevention of subsequent child abuse, neglect or abandonment. A Comprehensive or Limited child death review shall be conducted when:

(a) A report has been accepted by the Hotline in which it is alleged that abuse, neglect or abandonment was or may have been a factor in the child’s death, or

(b) A child died while in out-of-home care, living at home under court ordered supervision or receiving in-home non-judicial services.

(3) Department, lead agency, contracted service provider or sheriff’s office employees providing child protection services shall cooperate with the Department of Children and Family Services and Department of Health child abuse death review processes.

(4) Department, lead agency, contracted service provider, or sheriff’s office employees who provide child protection services, who has reasonable cause to suspect that the child died as a result of abuse, neglect or abandonment shall immediately report the death to the Florida Abuse Hotline. A report to the Hotline is required even when there are no surviving children living in the home.

(5) Department and Sheriffs’ Offices conducting child protective investigations shall develop local procedures for ensuring child protective investigators have the unique knowledge, skills and abilities to deal with the complex and sensitive nature of investigations involving a child’s death.

(6) Criminal investigations and child protective investigations involving allegations of death due to abuse, neglect or abandonment shall be commenced concurrently, whenever possible.

(7) Each Region Director and Sheriff’s Office conducting child protective investigations shall develop procedures with local law enforcement for carrying out joint investigations involving the death of a child due to alleged abuse, abandonment or neglect. These procedures shall be included in the working agreements between the Department and local law enforcement required in Section 39.306, F.S.

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.012, 39.201, 39.301, 39.306, 409.165 FS History–New________.

 

See Former Rules 65C-30.020, 65C-30.021.

 

65C-36.003 Responsibilities of the Florida Abuse Hotline.

(1) The Florida Abuse Hotline shall accept a report of a child death for protective investigation pursuant to Section 39.201, F.S.

(2) When a report is received involving an alleged victim in an open protective investigation that has died as a result of the abuse, neglect or abandonment which resulted in the open protective investigation, the report shall be categorized as a “supplemental” report and the maltreatment of “death” shall be added to the existing protective investigation by the Florida Abuse Hotline.

(3) When a report is received involving an alleged victim in an open protective investigation that has died as a result of a new incident of abuse, neglect or abandonment, a new “initial” report shall be created.

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.012, 39.201, 409.165 FS. History–New________.

 

See Former Rule 65C-30.020.

 

65C-36.004 Responsibilities Related to the Child Protective Investigation.

(1) The Child Protective Investigator shall call in a report to the Florida Abuse Hotline when a child dies during an open protective investigation if:

(a) The death is due to alleged abuse, neglect or abandonment which resulted in the current open protective investigation; or

(b) A new incident of abuse, neglect, abandonment or harm is alleged.

(2) The Department or Sheriff’s Office responsible for Child Protective Investigations shall notify the Region Child Fatality Prevention Specialist of the death of a child who is an active participant in an open investigation when the child’s death is not due to abuse, neglect or abandonment. Notification shall be in writing and within 24 hours of learning of the child’s death.

(3) Child Protective Investigators must be certified to be the primary investigator of a report involving a child death due to alleged abuse, neglect or abandonment.

(4) In addition to the requirements mandated in Rule 65C-29.003, F.A.C., the Child Protective Investigator shall complete the following activities when investigating a report that alleges a child died as a result of abuse, neglect or abandonment; or when a child dies for reasons unrelated to abuse, neglect or abandonment during an open protective investigation:

(a) Assess the safety of any surviving children, including:

i. Completion of a current Safety Assessment; and

ii. Referral to the local child protection team pursuant to paragraph 39.303(2)(g), F.S.;

(b) Obtain a copy of information necessary to determine whether the death was due to abuse, neglect or abandonment, including:

1. Current and Prior Child Protection Team Reports;

2. Medical Records;

3. Emergency Medical Services Reports;

4. Court Documents;

5. The medical examiner’s final report if an autopsy was conducted, and required pursuant to paragraph 39.301(17)(b), F.S.;

6. Any preliminary, supplemental and final law enforcement investigation reports pertaining to the child’s death;

7. Criminal history records and abuse, neglect or abandonment reports pertaining to the alleged perpetrator(s), caregivers, and household members; and

8. Prior prevention or family preservation services records pertaining to the child and the alleged perpetrator(s);

(c) Document in the statewide automated child welfare information system, as the initial contact for the victim, the date and time of the first professional collateral contact with medical staff or law enforcement personnel regarding the child’s death;

(d) Document the date, time and cause of death in the statewide automated child welfare information system;

(e) Document that the information entered into the statewide automated child welfare information system clearly reflects the cause and circumstances surrounding the child’s death. The findings from the medical examiner and law enforcement (including the status of criminal prosecution, if applicable) shall be included to the extent that information is available and necessary prior to closing the protective investigation;

(f) Provide the Child Fatality Prevention Specialist with access to all documentation obtained as required in paragraph 65C-36.004(4)(b), F.A.C.;

(g) Participate in all death review staffings required by the Region Child Fatality Prevention Specialist;

(h) Notify the Region Child Fatality Prevention Specialist of all death review staffings held on the case;

(i) Document the names of participants and outcomes of all staffings in the statewide automated child welfare information system; and

(j) Review information entered into the statewide automated child welfare information system for accuracy and completeness prior to closure of the protective investigation.

(5) The child protective investigation shall not be closed until it has been reviewed and approved for closure by the local Child Fatality Prevention Specialist. Disagreement on the maltreatment finding, or other items of the investigation, shall be resolved in accordance with the dispute resolution process in Rule 65C-36.009, F.A.C.

(6) The child protective investigation shall be completed and closed within 60 days after receipt of the report from the Florida Abuse Hotline. The only exceptions to this requirement are defined in Sections 39.301(17)(a) and 39.301(17)(b), F.S.

(7) If a child protective investigation is kept open in accordance with subsection 39.301(17)(a), F.S., the Program Administrator shall review and document in the statewide child welfare information system the reason(s) why closure of the protective investigation may compromise law enforcement’s successful criminal prosecution of the child abuse or neglect case.

(8) If a child protective investigation is kept open in accordance with Section 39.301(17)(b), F.S., the Program Administrator shall review and document in the statewide child welfare information system the reason(s) that the final report from the medical examiner is necessary in order to determine if the child’s death was due to abuse, neglect or abandonment.

(9) The Child Protective Investigator Supervisor shall complete a supervisory review every 30 days until the protective investigation is closed, and document in the statewide automated child welfare information system:

(a) Activities that have occurred since the last review;

(b) Any new tasks assigned; and

(c) The reasons the protective investigation remains open.

Rulemaking Authority 39.012, 39.0121, 39,301 FS. Law Implemented 39.012, 39.201, 39.301, 39.303(2)(g), 409.165 FS. History– New________.

 

See Former Rule 65C-30.020.

 

65C-36.005 Responsibilities of the Department of Children and Family Services Region Director.

(1) The Region Director or designee shall use the Department’s Incident Reporting System to notify and update the following individuals of all children who have died due to alleged abuse, neglect or abandonment within 24 hours after receipt of the intake from the Florida Abuse Hotline:

(a) Secretary of the Department;

(b) Assistant Secretary for Operations;

(c) Assistant Secretary for Programs;

(d) Children’s Legal Services;

(e) General Counsel;

(f) Director for the Office of Communications;

(g) Inspector General;

(h) Director for the Office of Family Safety;

(i) Local Child Fatality Prevention Specialist; and

(j) State Child Fatality Prevention Specialist.

(2) The Region Director shall appoint a Child Fatality Prevention Specialist for the Region in accordance with Section 383.402, F.S.

(3) The Region Director or designee shall notify the following individuals of critical issues and recommendations identified in the Child Death Reviews:

(a) Secretary of the Department;

(b) Assistant Secretary for Operations;

(c) Assistant Secretary for Programs;

(d) Director for the Office of Family Safety; and

(e) State Child Fatality Prevention Specialist

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.012, 383.402,409.165 FS. History–New________.

 

See Former Rules 65C-30.020, 65C-30.021.

 

65C-36.006 Responsibilities of the Lead Agency.

(1) Within 24 hours of being notified of the death of a child in out-of-home care, a child living at home under court ordered supervision or a child receiving in-home non judicial services, when the child’s death is not due to alleged abuse, neglect or abandonment, the lead agency shall use the Department’s Incident Reporting System to notify the following individuals:

(a) Region Director;

(b) Region Child Fatality Prevention Specialist;

(c) Region Communications Director;

(d) Region Family Safety Program Manager; and

(e) State Child Fatality Prevention Specialist

(2) If the death involved a child in out-of-home care, the lead agency shall:

(a) Follow Department or approved lead agency operating procedures to ensure the child’s parents are notified as soon as possible;

(b) Refer any press inquiries to the appropriate Region public information office;

(c) Follow Department or approved lead agency operating procedures to ensure that the needs of the child’s family and siblings, caregiver, and other children in the home are addressed; and

Rulemaking Authority 39.012, 39.0121, 409.1671(5)(a) FS. Law Implemented 39.012, 409.165 FS. History–New________.

 

See Former Rule 65C-30.020.

 

65C-36.007 State Child Fatality Prevention Specialist Responsibilities.

The State Child Fatality Prevention Specialist shall be responsible for oversight of all activities related to Child Death Reviews at the state level. Responsibilities include:

(1) Provide technical assistance to Region Child Fatality Prevention Specialists and child protection services providers regarding the Department’s Child Death Review process;

(2) Conduct programmatic reviews of child deaths at the request of the Secretary for the Department or the Director for the Office of Family Safety;

(3) Serve as a liaison between the Office of Family Safety and the State Child Abuse Death Review Team, including participating in State Child Abuse Death Review Team meetings;

(4) Review data and information related to child deaths entered into the state automated child welfare information system and Child Death Review database for accuracy and completeness;

(5) Analyze data and information entered into the Child Death Review database to identify issues, trends and actions that could be taken to prevent child deaths due to abuse, neglect or abandonment; and

(6) Notify the Florida Department of Health’s State Child Abuse Death Review Committee Coordinator of each child whose death, as determined by a completed child protection investigation, was caused by abuse, neglect or abandonment by a caregiver.

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.012, 39.202, 383.402, 409.165 FS. History–New________.

 

See Former Rule 65C-30.021.

 

65C-36.008 Region Child Fatality Prevention Specialist Responsibilities.

In addition to the requirements in Section 383.402(18), F.S., the Region Child Fatality Prevention Specialists shall:

(1) Complete a Comprehensive Review, within 30 days after the child protective investigation is closed, when the investigation is closed with a determination that the child’s death was caused by abuse, neglect or abandonment by a caregiver.

(2) Complete a Limited Review, within 30 days after the protective investigation is closed, when the investigation is closed with a determination that the child’s death was not caused by abuse, neglect or abandonment by a caregiver.

(3) Provide electronic copies of Limited and Comprehensive reviews to the following individuals within 5 working days of completion:

(a) Region Director; and

(b) State Child Fatality Prevention Specialist.

(4) Implement and oversee of the Department’s regional child death review process and activities related to the internal review of child abuse deaths. This includes coordinating child death review activities with Department staff, community based care providers and sheriff’s offices involved in the provision of child protection services;

(5) Establish professional working relationships with medical examiners, state attorneys and law enforcement agencies serving the counties included in the specialist’s service area;

(6) Utilize the Department’s statewide child death review database for tracking child deaths during the child abuse death review process;

(7) Work with the Family Safety Quality Assurance office to keep the statewide child death review database complete, accurate and current;

(8) Participate in local child abuse death review committee staffings as the Department’s representative to the local child death review committee, where these teams exist;

(9) Provide all appropriate documents to the State Child Abuse Death Review Committee when an investigation is closed with a determination that the child’s death was caused by abuse, neglect or abandonment by a caregiver.

(10) Review the protective investigation and inform the child protective investigation supervisor if the protective investigation has been approved for closure within 2 working days of being notified that the protective investigation is ready to be closed; and

(11) Bring critical issues and recommendations resulting from child death reviews to the attention of the:

(a) Region Director;

(b) Region Family Safety Program Administrator;

(c) Region Quality Assurance Director; and

(d) State Child Fatality Prevention Specialist;

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.012, 39.202, 383.402, 409.165 FS. History–New________.

 

See Former Rule 65C-30.021.

 

65C-36.009 Dispute Resolution.

The Region Director, in consultation with the State Director for Family Safety, shall make the final determination regarding maltreatment findings or other items pertinent to the protective investigation when there is disagreement between the Region Child Fatality Prevention Specialist and the Child Protective Investigations Supervisor.

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.012, 39.201, 383.402, 409.165 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Alan Abramowitz, Office of Family Safety
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Don Winstead, Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 15, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 20, 2010, Vol. 36, No. 33