Section 39.0138(1), F.S., requires the Department to establish by rule standards for evaluating any information contained in the automated system relating to a person who must be screened for purposes of making a placement decision. The proposed ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-38.001Definitions

65C-38.002Child Abuse, Abandonment and Neglect Record Check

PURPOSE AND EFFECT: Section 39.0138(1), F.S., requires the Department to establish by rule standards for evaluating any information contained in the automated system relating to a person who must be screened for purposes of making a placement decision. The proposed rule establishes such standards and codifies federal requirements for out-of-state child welfare background checks to be conducted for purposes of making a placement decision.

SUMMARY: The Department intends to create Chapter 65C-38, F.A.C., State Automated Child Welfare System (SACWIS) Checks for the Placement of Children. The proposed rules will establish standards for evaluating information contained in the automated system relating to persons who must be screened for the purpose of making placement decisions. Additionally, the proposed rules will codify the requirements of 42 U.S.C. 671(a)(20)(B)(i).

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, 39.0138 FS.

LAW IMPLEMENTED: 39.0138, 39.301 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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 5 days before the workshop/meeting by contacting: Jodi Abramowitz, [e-mail] or [phone]. 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: Jodi Abramowitz, [e-mail] or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-38.001 Definitions.

(1) “Child Abuse, Abandonment, and Neglect Record Check” means a complete and thorough check of the Florida Safe Families Network and any other out-of-state automated child welfare system for all records and information related to the determination of maltreatment findings for individuals being considered for placement of a child.

(2) “Florida Safe Families Network (FSFN)” means the Department’s State Automated Child Welfare System (SACWIS). FSFN serves as the statewide electronic case record for all child abuse investigations and case management activities in Florida.

(3) “Verified Finding” means a finding by the child protective investigator that a preponderance of credible evidence exists to support the allegations of abuse, neglect or abandonment. A verified finding includes an out-of-state finding of “substantiated.”

Rulemaking Authority 39.012, 39.0121, 39.0138 FS. Law Implemented 39.0138, 39.301 FS. History–New__________.

 

65C-38.002 Child Abuse, Abandonment and Neglect Record Check.

(1) The Department, community-based care lead agency and its subcontracted providers shall check the electronic FSFN case record for information on all persons being considered for placement of a child, including parents and all members of the household, 12 years of age and older, and other visitors to the home 18 years or older who have unsupervised contact with the child.

(2) Out-of-state child welfare background checks shall be conducted on any household member who has resided outside the state of Florida within the past five years. In states that do not use a centralized intake or state automated child welfare system (SACWIS) the Florida child welfare professional is required to contact the county administered child protection program to complete the record check.

(3) When a child welfare background check reveals an individual seeking placement of the child, or any adult household member or other adult visitor to the home has a verified maltreatment finding associated with a child fatality or termination of parental rights, the Department, community-based care lead agency or its subcontracted provider shall not recommend placement of the child with that individual without the approval of the Regional Managing Director or his or her designee.

(4) When a child welfare background check reveals an individual seeking placement of the child, or any adult household member or other adult visitor to the home has a Florida or out-of-state verified maltreatment finding associated with a prior adult or child protective investigation, the following factors shall be considered in determining whether placement with the individual will jeopardize the safety of the child being placed:

(a) Severity of the maltreatment, based upon:

1. Age of the child;

2. Location of the injury on the child’s body;

3. Multiplicity of the injuries;

4. Degree of trauma experienced by the child.

(b) Duration of the maltreatment (i.e., one time incident or numerous incidents over time).

(c) Number of prior reports and the findings associated with those reports.

(d) Amount of time that has elapsed since the most recent agency involvement and any rehabilitative changes in the individual’s life that would indicate an increased level of caregiver protective capacity such that the individual would no longer represent a threat to a child.

(e) The individual has established a strong bond with the child and has cared for and protected the child in the recent past, and:

1. Has demonstrated adequate knowledge, skill and resources to fulfill caregiving responsibilities and tasks;

2. Is physically and mentally able to provide for the child’s care; and

3. Understands and supports all aspects of the safety plan to keep the child safe.

(5) When a child welfare background check reveals any child residing in the household has been involved in juvenile sexual abuse or has displayed inappropriate sexual behavior the Department, community-based care lead agency or its subcontracted provider shall not recommend placement of another child in that home unless it is determined that an assessment was conducted and treatment services were provided to the child involved in juvenile sexual abuse and/or the child who has exhibited inappropriate sexual behavior to the degree that safety of the child being placed will not be jeopardized.

Rulemaking Authority 39.012, 39.0121, 39.0138 FS. Law Implemented 39.0138, 39.301 FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John Harper

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 27, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 28, 2014