The proposed amendments to Children’s Medical Services Rules 64C-8.001-.004, F.A.C., update and reflect the standards for Sexual Abuse Treatment Programs.

DEPARTMENT OF HEALTH
Division of Children’s Medical Services

RULE NO: RULE TITLE
64C-9.001: Definitions Used in the Sexual Abuse Treatment Rule
64C-9.002: Sexual Abuse Treatment Program Organization, Roles and Responsibilities
64C-9.003: Eligibility Criteria
64C-9.004: Waivers
PURPOSE AND EFFECT: The proposed amendments to Children’s Medical Services Rules 64C-8.001-.004, F.A.C., update and reflect the standards for Sexual Abuse Treatment Programs.
SUMMARY: These amendments provide new and updated definitions; revised criteria for a Program Coordinator and counseling staff; updates eligibility criteria and services; and clarifies waiver procedures.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 39.3031 FS.
LAW IMPLEMENTED: 39.305 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Janet Evans, [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

64C-9.001 Definitions Used in the Sexual Abuse Treatment Rule.

(1) “CMS” means – Children’s Medical Services.

(2) “Counseling” means treatment provided to enhance and expand individual and family coping resources. – a therapeutic process that engages individuals or families in the resolution, behavioral, emotional, or cognitive dissonance. Treatment is provided to enhance and expand individual and family coping resources.

(3) “Intrafamilial Intra-family Sexual Abuse” means – sexual abuse that has been perpetrated against a child by a family member or a person in a caretaking role within the family unit.

(4) “Non-Offending Caretaker” means – the parent or care taker within the family unit who did not sexually abuse the victim.

(5) “Offender” means – the parent or caretaker within the family unit who sexually abused the victim.

(6) “Offender Evaluation” means – an evaluation for the purpose of determining if the offender is appropriate for the community-based outpatient treatment offered by the SATP. of the offender for treatment in one of the SATPs which is conducted by a licensed psychotherapist who has at least one year of experience in the assessment and treatment of sexual offenders.

(7) “Sexual Abuse Treatment Program means – program funded in part or in whole through a contract with CMS which conforms to the model plan, the contract, the statute, and administrative rule a program funded in part or in whole through a contract with CMS and conforms to the treatment program outline set forth in this rule.

(8) “Victim” means – for the purposes of the Sexual Abuse Treatment Program, a child who has disclosed sexual abuse, or who has exhibited indicators of sexual abuse; regardless of Department of Children and Families’ or sheriff’s office findings a child who has been sexually abused.

Specific Authority 39.3031 FS. Law Implemented 39.305 FS. History–New 2-16-93, Amended 3-28-96, Formerly 10J-11.002, 65C-8.001, Amended________.

 

64C-9.002 Sexual Abuse Treatment Program Organization, Roles and Responsibilities.

(1) Each Sexual Abuse Treatment Program shall function under the direction of a program coordinator who is licensed by the state of Florida under Chapter 490 or 491, Florida Statutes; has at least one year of clinical experience in the field of child sexual abuse; and maintains at least eight hours of continuing education annually in child abuse, at least two hours of which must be specific to child sexual abuse as a psychotherapist and has at least one year of clinical experience in the field of child sexual abuse.

(2) Sexual Abuse Treatment Program counseling staff must have at least a Masters degree in Psychology, Social Work, or other behavioral science; and a minimum of one year of clinical counseling experience, six months of which must have been in providing treatment to sexually abused children and their families.; and maintain at least eight hours of continuing education annually in child abuse, at least two hours of which must be specific to child sexual abuse.

Specific Authority 39.3031 FS. Law Implemented 39.305 FS. History–New 2-16-93, Amended 3-28-96, Formerly 10J-11.006, 65C-8.002, Amended_________.

 

64C-9.003 Eligibility Criteria.

Each Sexual Abuse Treatment Program contractor shall determine eligibility for Program services according to the following criteria:

(1) The child is an alleged victim of intra-familial sexual abuse.

(2) The child is an alleged victim of intrafamilial child on child sexual abuse.

(3) The adult caregiver is a non-offender.

(4) Child is a sibling to sexually abused child.

(5) Offenders eligible for treatment are those whose victims are or has been in treatment with the program.

(6)(2) An evaluation of the offender has recommended community based treatment. Those offenders without numerous prior incidents of molesting children, previous unsuccessful therapy, prior felony criminal convictions, or severe mental illness shall be eligible for the program. Offender non-acceptance for treatment does not prohibit his child victim and the victim’s caretaker from receiving services from the program.

Specific Authority 39.3031 FS. Law Implemented 39.305 FS. History–New 2-16-93, Formerly 10J-11.007, 65C-8.003, Amended ________.

 

64C-9.004 Waivers.

(1) In the event that compliance with any standard contained herein is not attained, a program may request a waiver of that standard.

(2) All requests for waiver of a specific standard shall be submitted in writing to the Children’s Medical Services Program Office, Director of Prevention and Intervention, and shall include documentation of the need for the waiver.

(3) A waiver of a specific standard shall be granted only for a specific period of time which shall not exceed the contract period.

(3)(4) Final approval or disapproval of all requests for waiver shall be made by the Deputy Secretary for Children’s Medical Services, or their designee,. The Deputy Secretary for CMS shall who will base the decision to grant or deny a specific request for waiver of a standard upon the documented rationale presented for the request. Waiver requests shall contain at least these sections:

(a) Identification of the facility standard or personnel standard for which the waiver is requested;

(b) Description of the attempts to meet the standard;

(c) A plan for remediating the need for the waiver;

(d) Assurance and an explanation in the request that the granting of such a waiver will not adversely affect the quality of care rendered by the provider; and

(e) An assessment of need and lack of existence of alternative solutions.

(4)(5) The Children’s Medical Service Program Office shall notify the program in writing that the request for waiver of a specific standard has been granted or denied. If a request for a waiver is denied, the denial letter shall include advice of the right to request an administrative hearing under Section 120.57, Florida Statutes.

Specific Authority 39.3031 FS. Law Implemented 39.305 FS. History–New 2-16-93, Amended 3-28-96, Formerly 10J-11.009, 65C-8.004, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet H. Evans
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Peggy Scheuermann
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 8, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 12, 2007