The Department intends to amend Rule 65C-28.004, F.A.C., Comprehensive Placement Assessment, to align with the Family First Prevention Services Act (FFPSA), P.L. 115-123, to ensure all children entering out of home care ....

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.004Comprehensive Placement Assessment

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-28.004, F.A.C., Comprehensive Placement Assessment, to align with the Family First Prevention Services Act (FFPSA), P.L. 115-123, to ensure all children entering out of home care are assessed for the most appropriate least restrictive placement setting.

SUMMARY: The amendment will clarify the assessment process to include an additional review for youth recommended for placement in a group home to align with FFPSA requirements for youth to be placed in an FFPSA qualified group care setting.

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: 409.175(5), F.S.

LAW IMPLEMENTED: 409.175, 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:

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-28.004 Comprehensive Placement Assessment.

(1) Whenever a child is unable to safely remain at home with a parent, the most appropriate available out-of-home placement shall be chosen after a an Comprehensive Placement Assessment of the child’s needs and availability of caregivers qualified to meet the child’s needs. The child shall be placed in the most appropriate available a setting that meets the needs of the child in as close proximity as possible to the caregiver with whom reunification is planned.

(a) through (b) No change.

(c) The Comprehensive Placement Assessment shall be used to assist with ensuring children in out-of-home care are not inappropriately referred for a clinical assessment for the purpose of rendering a diagnosis of mental illness or emotional or behavioral disorders, for the purpose of satisfying placement requirements in a clinical licensed setting.  The assessment shall not be used to formulate a diagnosis. 

(2) Placement Matching and Determining the Level of Care.

(a) Responsibilites of Child Protective Invesigators (CPI) Relative or Non-Relative Placement.

1. Upon a child’s entry into out-of-home care, tThe Child Protective Investigator (CPI) shall:

a. Fill out sections 1, 2, and 3, and 2 of the Comprehensive Placement Assessment, CF-FSP 5438, (insert date) May 2019, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxx 10437, or a substantially similar form, and upload the form in the Meeting Module under “Placement Staffing” in the Florida Safe Families Network (FSFN); and

b. No change.

c. The assessment shall include a consideration of the factors listed below in sub-sub-subparagraphs (2)(b)1.a.I.-IX.

2. If it is determined that the child cannot be placed in relative or non-relative care, the CPI shall select “other” as the recommended level of care and contact the community-based care lead agency (CBC) or subcontracted agency for a multidisciplinary team staffing (MDT) and placement into licensed foster care.

a. The MDT shall have a minimum of three (3) individuals currently involved with the child, including, but not limited to, a representative from the Department and the case manager for the child; a therapist, attorney ad litem, guardian ad litem, teachers, coaches, Children’s Medical Services; and other community providers of services to the child or stakeholders as applicable. The team may also include clergy, relatives, and fictive kin if appropriate. The team shall gather and review information which is known at the time, including, but not limited to: 

I. Medical needs.

II. Developmental needs.

III. Mental health needs.

IV. Medication history, including pyschotropic medications.

V. Behavioral health needs.

VI. Alleged type of abuse or neglect and trafficking history.

VII. Community ties and school placement, including educational needs.

VIII. Current placement decisions related to any siblings, including a sibling that has been previously adopted or is in an adoptive placement, and previous sibling seperation staffings and efforts made to place siblings together. Foster and adoptive parents of a sibling shall be contacted and, if interested, considered for placement.

IX. Child’s age, maturity, hobbies or activities, and preference for placement.

X. The child’s Adverse Experiences Questionnaire (ACE) score.

b. The child welfare professional shall indicate the results of the MDT and the child’s recommended level of care in section 3 of the Comprehensive Placement Assessment.

(b) Responsibilities of the Community-Based Care Agency Licensed Foster Care Placement.

1. The case manager, CBC, or subcontracted agency shall coordinate an MDT upon request from the CPI. with a minimum of three (3) individuals currently involved with the child, as outlined in section 39.523(2)(a), F.S.

a. The team shall consider the following factors in determining the most appropriate level of care for the child:

I. Medical needs.

II. Developmental needs.

III. Mental health needs.

IV. Medication history, including pyschotropic medications.

V. Behavioral health needs.

VI. Alleged type of abuse or neglect and trafficking history.

VII. Community ties and school placement, including educational needs.

VIII. Current placement decisions related to any siblings, including a sibling that has been previously adopted or is in an adoptive placement. Foster and adoptive parents of a sibling shall be contacted and, if interested, considered for placement.

IX. Child’s age, maturity, hobbies or activities and preference for placement.

b. The assessment must be updated by the CBC lead agency or subcontracted agency to include any additional information on level of care decisions for each child in out-of-home care and reviewed as often as necessary to ensure permanency for that child. This information will be considered at each judicial review.

2. The Comprehensive Placement Assessment must be updated by the case manager, CBC, or subcontracted agency when a change in the level of care is recommended for each child in out-of-home care and reviewed every three (3) months to ensure permanency for that child. This information will be considered at each judicial review.

a. An updated Comprehensive Placement Assessment is not required when a child’s level of care changes from relative or non-relative placement to a Level I foster home.

b. The case manager, CBC, or subcontracted agency must ensure an MDT is completed and update the Comprehensive Placement Assessment every 60 days for youth who are placed in a group care setting or treatment program licensed by the Department as a child-caring agency.

c. The case manager, CBC, or subcontracted agency child welfare professional shall document the child’s recommended level of care and placement outcome  in fill out section 3 of the Comprehensive Placement Assessment, or a substantially similar form.

d. The case manager, CBC, or subcontracted agency child welfare professional responsible for the case shall gather any additional information about the child and document it in the Meeting Module under “Placement Staffing” in appropriate section of the child’s FSFN record, including explanations as to why the level of care is the most appropriate for the child. A copy of the assessment shall be uploaded to FSFN.

32. If the child is suspected or identified as needing medical foster care, the child shall be referred to the local Children’s Multidisciplinary Assessment Team (CMAT) within five (5) business days.

a. through c. No change.

43. If the child is suspected or identified as having a developmental delay or condition, the child welfare professional responsible for the case shall ensure that a referral for an assessment is completed within five (5) business days, if an assessment has not already been completed, and eligibility for developmental services are obtained.

54. If the child is suspected or identified as having a mental health need, the child welfare professional responsible for the case shall ensure a referral for an assessment is completed within five (5) business days, if an assessment has not already been completed. obtained. A child shall not be referred for a clinical assessment for the purpose of being placed in a clinical setting when not necessary. 

65. No change.

76. When it is necessary to place a child who is known to have any behaviors that may result in harm, the person making the placement shall implement safeguards to ensure that the needs of the child for supervision, treatment, and interventions are addressed and that the safety of other children in the same setting is ensured. The child welfare professional responsible for the case shall document the safeguards in the child’s behavior management plan or care precaution plan.

a. No change.

b. The referral guidelines for therapeutic foster care are contained in the Florida Medicaid Therapeutic Group Care Services Coverage Policy Community Behavioral Health Services Coverage and Limitations Handbook, July 2017 March 2014, incorporated by reference in rule 59G-4.295 59G-4.050, F.A.C.

c. Medicaid Fair Hearing Requirements. When a child or family has had Medicaid funded services reduced, denied, suspended or terminated, the child welfare professional shall assist the child or family in requesting a fair hearing. The Florida Medicaid Community Behavioral Health Services Coverage and Limitations Handbook addresses Fair Hearing Notices. Refer to rules 65-2.042-.069, F.A.C., regarding the conduct of fair hearings.

8. No change.

(3) For child welfare professional placement responsibilities see rule 65C-30.011, F.A.C. Child Welfare Professional Placement Responsibilities. When a child is placed in out-of-home care, the child welfare professional responsible for the case shall:

(a) Review with the out-of-home caregiver the care and supervision needs of the child, including any special physical, medical, emotional, or developmental needs.

(b) Provide information about the out-of-home caregiver to the child, as age or developmentally appropriate.

(c) Provide the licensed out-of-home caregiver the Child’s Resource Record. The Child’s Resource Record from previous placement(s) shall be reviewed with the out-of-home caregiver upon the child’s new placement. The child welfare professional responsible for the case shall discuss with the licensed out-of-home caregiver the caregiver’s role in maintaining and updating the Child’s Resource Record.

(d) Sign a copy of the “Partnership Plan for Children in Out-of-Home Care,” CF-FSP 5226, January 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06689, obtain a signature of the out-of-home caregiver attesting acknowledgment of the requirements at time of placement, and place in the child’s case record.

(e) Provide any formal assessment of the child to the child’s parent, out-of-home caregiver, Children’s Legal Services attorney, and guardian ad litem and child’s attorney, if appointed.

(f) Encourage and provide necessary support to the parent and out-of-home caregiver in participating in the assessment or medical evaluation process.

(g) Whenever a special need is suspected, provide service referrals.

(h) Document in FSFN any notification provided to parents and others regarding a child’s assessment and any referrals made as a result of the assessment.

(i) If there is any potential that a child may qualify for social security survivor benefits, social security disability benefits or Supplemental Security Income due to disability, or other benefits, ensure that an application is made for the benefits on behalf of the child and documented in FSFN.

(j) When a disability is determined and a need for services is identified, arrange for services for the child and supports for the out-of-home caregiver.

(k) When a child is identified as a victim of sexual abuse and needs to be placed in out-of-home care, take actions to ensure that the needs of the child for emotional safety and recovery are addressed and that precautions are taken in regards to the safety of other children in the same setting.

(l) When a child who is known to have any behaviors that may result in harm, the person making the placement shall provide the caregivers with written, detailed, and complete information regarding the circumstances surrounding the child’s behavior so that they can avoid any unwitting replication of those circumstances. Information given to caregivers shall include the dates of all known incidents; the nature of the relationship between the child and victim; the types of behavior exhibited; a brief narrative outlining the event; the types of treatment needed or provided and any current treatment outcomes.

(m) For additional case management responsibilities after case transfer see rule 65C-30.007, F.A.C.

Rulemaking Authority 39.012, 39.0121(2), (6), (12), (13), 39.0137, 39.307(7), 39.523(5), 409.145(5) FS. Law Implemented 39.307(1)(b), 39.407, 39.523, 409.145(2) FS. History–New 5-4-06, Amended 5-8-16, 5-30-19. Amended_____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tanisha Lee

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 14, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 23, 2020