The Department intends to amend Rule 65C-29.006, F.A.C., to align the types of cases which can be accepted as foster care referrals with those in Rule 65C-29.002, F.A.C., and establish requirements in assessing foster care referrals involving ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-29.006Foster Care Referrals

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-29.006, F.A.C., to align the types of cases which can be accepted as foster care referrals with those in Rule 65C-29.002, F.A.C., and establish requirements in assessing foster care referrals involving licensed and unlicensed care.

SUMMARY: The amendments will accomplish the following: (1) Regulatory infractions for children in an emergency shelter or out-of-home placement, or placement disruptions, case plan, and safety plan violations for children under the supervision of the department or its authorized agents shall be accepted by the Hotline as foster care referrals; (2) In cases involving licensed care, the licensing unit or agency staff shall complete the assessment and determine any corrective actions required; and (3) In cases involving unlicensed relatives, non-relative caregivers, or families under the supervision of the department or its authorized agents, the assigned child welfare professional shall complete the assessment and determine any corrective actions required.

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, 409.175, FS.

LAW IMPLEMENTED: 39.201, 409.175(8)(b), 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-29.006 Foster Care Referrals.

(1) Foster care referrals involve concerns about possible licensing violations and regulatory infractions for children in an emergency shelter or out-of-home placement, or placement disruptions, case plan, and safety plan violations for children under the supervision of the department or its authorized agents the manner of care provided for children in emergency shelter, foster, or group homes. Foster care referrals do not contain allegations of abuse, neglect or abandonment. If child maltreatment is identified or suspected during assessment of the foster care referral, the responder shall contact the Florida Abuse Hotline for the purpose of reporting the maltreatment and initiating a separate child protective investigation.

(2) The unit or agency responsible for licensing the foster home, group home or emergency shelter home shall initiate the assessment within 72 hours of receipt of the referral.

(3) In cases involving licensed care, tThe licensing unit or agency staff shall complete the assessment and determine corrective actions required, if any, within five (5) working days of the receipt of the referral.

(4) In cases involving unlicensed relatives, non-relative caregivers, or families under the supervision of the department or its authorized agents,  the assigned child welfare professional shall complete the assessment and determine corrective actions required, if any, within five (5) working days of the receipt of the referral.

Rulemaking Authority 39.012, 39.0121, 409.175 FS. Law Implemented 39.201, 409.175(8)(b) FS. History–New 5-4-06, Amended 12-31-14,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Atarri Hall

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 6, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 9, 2018