The Department intends to amend rules 65C-30.006 and .008, F.A.C., to add provisions regarding the responsibilities of case managers and parents.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-30.006Case Planning

65C-30.008Child Welfare Professional Responsibilities to Parents

PURPOSE AND EFFECT: The Department intends to amend rules 65C-30.006 and .008, F.A.C., to add provisions regarding the responsibilities of case managers and parents.

SUMMARY: The amendments accomplish the following: (1) Require the Department to refer parents for services within specified timeframe, and ensure parents have contact information for all entities needed to complete case plan task and for the case manager; and (2) Require the parents to notify parties of barriers to completing case plan tasks within specified timeframe, maintain contact with the case manager, and provide parties with possible relative placements for the child.

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(12), (13), F.S.

LAW IMPLEMENTED: 39.0136, 39.6011, 39.6012, 39.6013, 39.602, 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-30.006 Case Planning.

(1) No change.

(2) Case Plan Development.

(a) Case management shall develop a case plan in consultation with the family and child, if age and develpmentally appropriate.

(b) Prior to signing the case plan, the Department shall explain the provisions of the plan to all persons involved in its implementation, including, when appropriate, the child. 

(c) The case plan shall include the parent’s responsibility for the following:

1. Comply with the case plan so permanency with the child may occur within the shortest period of time possible, but no later than one (1) year after removal or adjudication of the child;

2. Notify all parties and the court of barriers to completing case plan tasks within seven (7) business  days of being made aware of the barrier;

3. Maintain contact with their attorney and their case manager and provide updated contact information if their phone number, address, or e-mail address changes; and

4. Provide the court and all parties with identification and location information for individuals who may be available as a placement for the child in out of home care. 

(2) through (3) renumbered (3) through (4) No change.

(5)(4) The case manager shall:

(a) For judicial cases, refer parents for services no later than seven (7) calendar days after the date of the case plan approval by the court, unless the case plan specifies that a task may not be undertaken until another specified task has been completed or otherwise approved by the court.

(b) For non-judicial cases, refer parents for services no later than seven (7) calendar days after the date the case plan was signed by the parent.

(c) Ensure the parents have contact information for all entities necessary to complete the tasks in the case plan.

(d)(a) No change.

(e)(b) Ensure that tasks and services necessary to meet the child’s well-being needs as identified in the Family Functioning Assessment and the Comprehensive Behavioral Health Assessment (CBHA) are documented in the case plan and that services are obtained to meet these needs, including a referral within seven (7) days of removal for a CBHA for any child who is in out-of-home care and has been determined to be Medicaid enrolled, as per Rule 65C-28.014, F.A.C.

(6)(5) No change.

Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.6011, 39.6012, 39.6013, 39.602 FS. History–New 5-4-06, Amended 2-25-16. Amended_____

 

65C-30.008 Child Welfare Professional Responsibilities to Parents.

(1) through (3) No change.

(4) For all children in the dependency system, regardless of placement, the case manager shall ensure that parents have the information necessary to contact their case manager. If a new case manager is assigned to a case, the new case manager shall notify the parent within two business days of case assignment and provide updated contact  information.

(4) through (5) are renumbered (5) through (6) No change.

Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.0136, 39.6012(1) FS. History–New 5-4-06, Amended 2-25-16. Amended_____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Monique McCaskill

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 23, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 25, 2019