The Department intends to amend Rule 65C-29.003, F.A.C, Child Protective Investigations, to add a provision regarding requesting out-of-state local criminal background checks and clarify when second tier consultations are required.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-29.003Child Protective Investigations

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-29.003, F.A.C, Child Protective Investigations, to add a provision regarding requesting out-of-state local criminal background checks and clarify when second tier consultations are required.

SUMMARY: The amendments will state that if a family has lived in another state within the past five years, the investigator must determine whether to contact law enforcement agencies in the other state to request local criminal history information that is necessary for assessment purposes. Additionally, second tier consultations will no longer be required (1) When an impending danger safety plan is initiated and a dependency petition is not filed in court, and (2) When there are no identified danger threats in the home, but the child’s risk assessment score is high.

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, 39.301(14)(c), F.S.

LAW IMPLEMENTED: 39.301, F.S.

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-29.003 Child Protective Investigations.

        (1) No change.

(2) Investigative Requirements. For every report received, the following actions shall be completed:

(a) through (d) No change.

(e) Abuse history and criminal records checks shall be obtained requested by the child protective investigator on all adult household members age 12 or older not screened by the Florida Abuse Hotline at the time the report was accepted. The criminal records and abuse checks check shall be initiated within 24 hours of the individual’s identity and presence in the home becoming known to the investigator. Records checks shall also be completed on any adult visitor to the home who provides care or supervision to of the child outside the parent’s immediate presence while visiting the home. If the family has lived in another state within the past five (5) years, the child protective investigator shall contact the appropriate law enforcement and child protection agencies in the state where the family resided and request a criminal, including local, and abuse history check on all subjects and household members of the report. The investigator shall contact law enforcement agencies in the other state to request local criminal history information when necessary for assessment purposes.

(f) No change.

(3) through (4) No change.

(5) A second tier consultation shall review and document in FSFN all reports in which:

(a) No change.

(b) An impending danger safety plan is initiated with the family and a dependency petition is not filed in court.

(b)(c) There are no identified danger threats in the home, i.e. the child is assessed as “safe,” but the child’s risk assessment score is high or very high.

(c)(d)  No change.

(6) No change.

Rulemaking Authority 39.012, 39.0121, 39.301(14)(c) FS. Law Implemented 39.301 FS. History–New 5-4-06, Amended 12-31-14, 12-13-15, 3-29-16, 6-5-16, _____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Radigan

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 12, 2017