The Department intends to amend 65C-28.018, F.A.C., to add provisions for child care or early education program stability for children in out-of-home care.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.018Meeting the Child's Educational Needs

PURPOSE AND EFFECT: The Department intends to amend 65C-28.018, F.A.C., to add provisions for child care or early education program stability for children in out-of-home care.

SUMMARY: The amendments accomplish the following: (1) Add provisions for child care or early education program stability for children in out-of-home care; (2) Update the “School Stability Checklist for Children in Out-of-Home Care” form; and (3) Establish documentation requirements.

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), F.S.

LAW IMPLEMENTED: 39.0016, 39.6012(2)(b)4., 39.604, 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-28.018 Meeting the Child’s Educational Needs.

(1) Maintaining the child’s school stability (for school-age children) and child care or early education program (for birth to school age) while in out-of-home care is first priority, unless remaining in the school or program of origin is not in the best interest of the child as documented in the Florida Safe Families Network (FSFN).  For purposes of this rule, child care and early education programs are collectively referred to as “programs.”

(a) The child welfare professional will work with the caregiver, child’s parent or guardian, guardian ad litem, child’s attorney, educational surrogate (if appointed), child care and educational staff, including teachers and, guidance counselors, and school district representative or foster care liaison or any other party deemed necessary to ensure school stability for the child:

1. At the time of placement in out-of-home care; and,

2. No change.

(b) Educational settings include any setting set forth in subsection Section 1002.20(6), F.S.

(c) Child care or early educational settings include any setting set forth in subsections 402.302(2), (8), and (11), and subparagraph 39.604(5)(b), F.S. 

(d)(c) Factors to be considered in making a determination that remaining in the school or program of origin is not in the child’s best interest shall include, as applicable:

1. through 2. No change.

3. Whether the child has a sibling(s), close friends, and/or a mentor at the school or program of origin.

4. The child’s cultural and community connections in the school or program of origin.

5. through 12. No change.

13. The child’s history of school or program transfers and how they have impacted the child.

14. No change.

15. The length of time the child has attended the school or program of origin.

(e)(d) No change.

(f)(e) The child welfare professional shall document and upload in FSFN the best interest determination on the “School Stability Checklist for Children in Out-of-Home Care,” CF-FSP 5417, October 2018 2016, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX 08263.

(g)(f) No change.

(h) If remaining in the child care or early education program of origin is deemed to not be in the child’s best interest, then the change in programs shall be made in accordance with subsection 39.604(6), F.S.

(2) through (5) No change.

(6) Documentation. The child welfare professional shall document in FSFN in the Education module section under the Education tab in the Education Information or Educational History section the following for each child:

(a) Information about the current school,or educational setting, child care, or early education program of the child.

(b) All schools, or educational settings, child care, or early education programs the child has attended since the date the child has been in the custody of the Department.

(c) The length of time the child has spent in each school, or educational setting, child care, or early education program.

(d) through (e) No change.

(f) The reason for any change in the child’s educational or program setting.

(g) Information regarding the child’s educational or program records shall be uploaded in FSFN in the File Cabinet (Image Category selected is “Education”), which may include:

1. Report cards;,

2. Transcripts;,

3. Individual Education Plan; and,

4. No change.

Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.0016, 39.6012(2)(b)4., 39.604, FS. History–New 5-8-16, Amended 6-15-17. Amended_______

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Monique McCaskill

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 25, 2018