The Department intends to amend Rule 65C-30.020, F.A.C, Child Deaths, to accomplish the following: (1) Clarify when the regional child fatality prevention specialist must be notified of a child death and when he or she must convene a case review; ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-30.020Child Deaths

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-30.020, F.A.C, Child Deaths, to accomplish the following: (1) Clarify when the regional child fatality prevention specialist must be notified of a child death and when he or she must convene a case review; and (2) Add language regarding drug screens.

SUMMARY: The amendments will require: (1) A child protective investigator to notify the regional child fatality prevention specialist whenever it appears that a child died as a result of abuse, neglect or abandonment, or when a child dies for reasons unrelated to abuse, neglect or abandonment during the course of an active child protective investigation; (2) The regional child fatality prevention specialist to conduct a case review of such deaths; and (3) The results of any completed drug screens to be considered in the investigation of the child death.

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(13), FS.

LAW IMPLEMENTED: 39.201(2)(a), 39.2015(1), (6), 39.301(9)(a), (11), (16), (17), 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-30.020 Child Fatalities Deaths.

(1) No change.

(2) Whenever a case manager learns that a child under supervision has died, that case manager shall ensure that the regional managing director, regional child fatality prevention specialist and or lead agency executive director or designee is orally notified immediately upon learning of the that a death may be due to abuse, neglect or abandonment and in writing within 24 hours of the death.

(3) The Hotline Director or designee shall provide written notification of all child deaths alleged to have occurred in Florida as a result of abuse, neglect or abandonment or of the deaths of children who are the subjects of an open abuse, neglect or abandonment investigation or currently ongoing services, regardless of whether there are allegations of death due to abuse, neglect or abandonment, to the following individuals within two (2) hours of the oral notification:

(a) through (k) No change.

(4) No change.

(5) Whenever it appears that a child died as a result of abuse, neglect or abandonment, or when a child dies for reasons unrelated to abuse, neglect or abandonment during the course of an active child protective investigation, a child protective investigator (CPI) shall notify the regional child fatality prevention specialist and conduct a thorough investigation of the circumstances surrounding the death. The investigation shall consist of:

(a) Gathering all information necessary to determine whether the death was due to abuse, neglect or abandonment, including:

1. through 5. No change.

6. The results of any drug screens completed. The CPI will ask the alleged maltreating caregiver to voluntarily submit to a drug screen during the investigation of all child deaths related to inadequate supervision, unsafe sleep and drowning. This does not preclude the CPI asking the alleged maltreating caregiver for a drug screen during other investigations when substance misuse is suspected and may be a contributing cause to a child’s death. Exceptions to this requirement will be made when law enforcement has already obtained the drug screen.

(b) No change.

(c) Entering the maltreatment finding “Death Due to Abuse or Neglect” and for the maltreatment type or description (e.g., Abandonment) that best describes the cause of death;

(d) through (e) are relettered (c) through (d) No change.

(e)(f) Ensuring that the report is not closed until it the death has been reviewed by the regional Child Fatality Prevention Specialist and he or she has advised the supervisor that the death report has been approved for closure; and,

(f)(g) No change.

(6) The Department or any contracted service provider shall cooperate with any law enforcement requests related to an investigation of the child’s death.

(7) No change.

(8) The Department shall convene a Critical Incident Rapid Response Team when there is a child fatality that meets criteria in accordance with Section 39.2015, F.S. The regional Child Fatality Prevention Specialist shall conduct a case review on all child fatalities in which it is alleged that abuse, neglect or abandonment was or may have been a factor in the child’s death, and in situations where a child died while a participant on an active investigation or while receiving ongoing services without concerns of abuse, neglect or abandonment.

Rulemaking Authority 39.012, 39.0121(13), F.S. Law Implemented 39.201(2)(a), 39.2015(1), (6), 39.301(9)(a), (11), (16), (17), F.S. History–New 5-4-06, Amended 2-25-16,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alissa Cross

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 28, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 7, 2016