The Department intends to amend rules 65C-27.001 and .002, F.A.C., to align with statutory changes made in Section 39.407, F.S.

 

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 and .002, F.A.C., to align with statutory changes made in Section 39.407, F.S.

SUMMARY: The definition of “Qualified Evaluator Network” will include coordination of 60-day independent reviews. Reference to a 90-day review will be changed to a 60-day independent review. The request for the review must be made no later than 30 days from the child’s initial placement in residential treatment.

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) through (3) No change.

(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, 60-day independent review, 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.

(5) through (6) No change.

Rulemaking Authority 39.407(6)(i) FS. Law Implemented 39.407(6) FS. History–New 12-30-01, Amended 3-12-17,_____.

 

65C-27.002 Timeframes.

(1) through (5) No change.

(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 60-day independent 90-day review from the Qualified Evaluator Network provider no later than 30 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 Authority 39.407(6)(i) FS. Law Implemented 39.407(6) FS. History–New 12-30-01, Amended 3-12-17,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica Johnson

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 4, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 14, 2019