The rule amendments clarify the procedure and practice requirements necessary regarding Take Into Custody or Pickup Orders for missing children in out-of-home care. Amendments add MDT staffing requirements for missing children ....

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-30.019Missing Children

PURPOSE AND EFFECT: The rule amendments clarify the procedure and practice requirements necessary regarding Take Into Custody or Pickup Orders for missing children in out-of-home care. Amendments add MDT staffing requirements for missing children that are recovered pursuant to 39.4022 F.S.

SUMMARY: The amendments include the following: (1) requires the child welfare professional to staff the case with Children’s Legal Services to assess whether a Take Into Custody or Pickup Order should be obtained, (2) includes the factors in the assessment, (3) addresses when the missing child procedures will be followed, (4) expands the notification requirements when a child is missing, (5) identifies when a multidisciplinary team meeting should be requested, (6) clarifies what the child welfare professional is to do if a case is closed, and (7) specifies when a missing child staffing must be held.

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.

A SERC has not been prepared.

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(16), 39.0141, 39.4022(11) F.S.

LAW IMPLEMENTED: 39.0141, 39.4022 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: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-30.019 Missing Children.

(1) Notification to Law Enforcement.

(a) Exigent Circumstances. The child’s caregiver, legal guardian, child welfare professional or designee shall immediately report a child as missing to law enforcement when:

1. through 3. No change.

4. The child is known or believed to be in a dangerous or life-threatening situation, or

5. The child has been identified as a victim of human trafficking, or

6.5. No change.

(b) When none of the criteria in paragraph (a), apply, the child’s caregiver, legal guardian, child welfare professional or designee may take up to four (4) hours from the time the child is first suspected to be discovered missing to actively search for and attempt to locate the child prior to contacting local law enforcement. Active search efforts include:

1. through 7. No change.

(c) No change.

(2) Take Into Custody and Pickup Orders. If a child The child welfare professional shall notify Children’s Legal Services or the contracted legal provider as soon as possible, but no later than 4 hours when there is sufficient information to support that a child in an active child protective investigation may be in present or impending danger or is part of a child in a family receiving ongoing case management services is determined to be missing, the child welfare professional shall staff the case with Children’s Legal Services or the contracted legal provider immediately but no later than 24 hours after the child is determined to be missing, to assess whether and a Take Into into Custody or Pickup Order should be obtained. Order is needed when one or more of the following conditions exist:

(a) Factors in this assessment should include but are not limited to:

1.(a) Law enforcement will not initiate efforts to locate the child without a court order.

2.(b) The caregiver or legal guardian of a child not in the custody of the Department is refusing to cooperate with efforts to locate the child, including:

a.1. The caregiver or legal guardian has Has not reported the child as missing to local law enforcement within the timeframes set forth in paragraphs (1)(a)-(b), of this rule, and continues to refuse to do so despite being informed of the requirement to do so.

b.2. There is reason to believe the child’s whereabouts are known by the caregiver or legal guardian and the lack of cooperation is for the purpose of denying the child welfare professional access to the child, or the family has or is about to flee to avoid further agency intervention.

3. Parent case plan compliance.

4. Caregiver’s protective capacity.

5. The most recent progress update or family functioning assessment.

6. The most recent present or impending danger safety plan.

(b)(c) If a Pickup or Take Into Custody Order is determined to be appropriate, Children’s Legal Services or the contracted legal provider shall attempt to obtain a court order as soon as possible, but no later than four (4) hours, from the point of this determination notification.

(c) If the Pickup or Take Into Custody Order has been or will be sought, missing child procedures will be followed in accordance with sections (1) and (3)-(6) of this rule.

(d) If the Pickup or Take Into Custody Order is not sought or is denied by the court, diligent search efforts to locate the child(ren) or family must be made until the case is closed in accordance with Rule 65C-30.003 and 65C-29.013, F.A.C. and a Request to Locate Alert shall be placed on the child welfare information system case file.

(3) Missing Child Reports. A missing child report shall be obtained by the caregiver, legal guardian, or child welfare professional from law enforcement at the time of notification.

(3)(a) The child welfare professional or designee shall enter the electronic missing child report (MCR) in the child welfare information system Florida Safe Families Network (FSFN) within as quickly as possible but no later than 24 hours of determining that learning the child is missing.

(b) The Department shall review the missing child report to ensure that it meets reporting criteria for case opening with the Florida Department of Law Enforcement (FDLE)/Missing and Endangered Person Information Clearinghouse and the National Center for Missing and Exploited Children.

(4) Notification Requirements.

(a) When a child in the custody of the Department wherabouts the whereabouts of a child in the custody of the Department are unknown, the child welfare professional or designee shall notify as applicable the following based on their engagement in the case: his or her immediate supervisor, the Regional Criminal Justice Coordinator (RCJC), the child’s caregivers or legal custodians, guardian ad litem and attorney ad litem, if appointed, and Children’s Legal Services or the contracted legal provider, the child’s therapist, the child’s Juvenile Probation Officer, the Region Compact Specialist, the United States Customs and Border Protection and the Department of State, and any other person the child welfare professional deems essential who is not otherwise prohibited by law, Florida Administrative Code, or court order, within four (4) hours of learning a child’s whereabouts are unknown.

(b) Children’s Legal Services or the contracted legal provider must file notice with the court within one (1) business day after being notified that a child is missing. Notice to the court shall be documented in the child welfare information system FSFN within two (2) business days  within one business day of court notification.

(c) The child welfare professional shall submit a referral within one business day from when the child is reported as missing to request a multidisciplinary team (MDT) staffing in accordance with section 39.4022, F.S. The MDT staffing shall be conducted within seven business days from when the child is determined to be missing. 

(d) The Department shall review the missing child report to ensure that it meets reporting criteria for case opening with the Florida Department of Law Enforcement (FDLE)/Missing and Endangered Person Information Clearinghouse and the National Center for Missing and Exploited Children.

(5) Efforts to Locate Missing Child.

(a) The child welfare professional shall make efforts to locate the child at least once a week, until:

1. through 3. No change.

4. The dependency or ongoing services case is closed by the court, or the Pickup or the Take Into Custody Order is denied by the court having jurisdiction over the child. Prior to case closure, all agencies notified that the child was missing must be contacted and notified that the case will be closed. A copy of the case file will be offered to local law enforcement for their continuing efforts to locate the child, in the event a missing persons case remains active with law enforcement.

(b) Child welfare professionals or their designees shall be responsible for conducting both field-based and desk activities to locate the child, including:

1. Onsite visits to locations where the child may be found. Only child welfare professionals and certified designees can conduct onsite visits,

2. through 4. No change.

(c) For children reported missing while the family is receiving case management services, the case manager or designee shall make efforts to locate the child at a minimum of once a week for the first 90 days the child is missing and at a minimum of once every 30 days thereafter.

(c)(d) For children reported missing while the family is involved in a child protective investigation, the investigator or designee shall make efforts to locate the child until the closure of the investigation. Upon closure of the investigation, the efforts to locate will transfer to the Regional Criminal Justice Coordinator or their designee. at a minimum of once a week for 60 days from the time the child is reported missing to law enforcement.

1. After 60 days the weekly efforts to locate the child may be reduced to a minimum of once a month.

2. After 90 days the monthly efforts to locate the child may be transferred to the Regional Criminal Justice Coordinator for continuation of electronic database and information system searches. Certified Regional Criminal Justice Coordinators or their certified designees may perform additional search related activities.

3. The child protective investigator shall keep the investigation open while the Regional Criminal Justice Coordinator conducts searches of electronic databases and information systems until one of the conditions in paragraph (5)(a), of this rule, is identified. Upon closure of the investigation, the child protective investigator or designee shall immediately notify the Regional Criminal Justice Coordinator.

(d) A missing child staffing must be held at a minimum every thirty days to provide updates to the individuals notified in paragraph (4)(a) of this rule. This meeting will be scheduled by the individual responsible for completing efforts to locate the child or their designee.

(e) All efforts to locate the child shall be documented as a Missing Child – Attempt to Locate note type in the child welfare information system FSFN within two (2) business days of the effort to locate.

(6) Procedures Required When Child is Located.

(a) Upon learning that a missing child missing in an active child protective investigation has been located, the child welfare professional investigator shall respond immediately to the child’s location to assess the child’s safety. If the child is located outside of the investigator’s child welfare professional’s service area, but within the state of Florida, the child welfare professional investigator shall immediately make an Out of Town Inquiry (OTI) or case management request of the county in which the child is located to assess the child’s safety. If the child is located outside of the state of Florida, the child welfare professional shall immediately contact their Regional Criminal Justice Coordinator and the Department of Juvenile Justice (DJJ) Interstate Compact on Juveniles (ICJ) office to determine next steps. The Department Interstate Compact on the Placement of Children (ICPC) office must also be contacted if placement of the child in another state may be appropriate.

1. When the child is located, the child welfare professional protective investigator or designee shall immediately notify all individuals and agencies previously notified pursuant to paragraph (4)(a) of this rule. the following individuals and agencies:

a. Law enforcement,

b. Guardian ad litem and attorney ad litem, if appointed; and,

c. Children’s Legal Services or the contracted legal provider.

2. If the child welfare professional investigator has reason to believe the child’s caregiver or legal guardian was uncooperative with efforts to locate the child for the purpose of denying the child welfare professional investigator access to the child and immediate notification would further impede the investigation or dependency case, the caregiver or legal guardian may be notified of the child’s whereabouts after the child’s safety has been assessed. If the investigation would not be compromised or impeded by notification of the child’s caregiver or legal guardian the investigator or designee shall immediately notify the caregiver or legal guardian when the child has been located.

(b) Upon learning that a child missing while a family is receiving case management services has been located, The the child welfare professional identified by the community-based care lead agency shall interview the child within 24 hours to determine the child’s need for additional services and/or change in placement. The interview shall:

1. No change.

2. Inquire into the child’s experience while absent from care, including identifying if the child has a history of running away, sexual abuse, prostitution or a current arrest on a charge of prostitution, or the child discloses being trafficked or reporting sexual exploitation. If any one of these indicators are present, the child welfare professional shall screen the child to determine if the child is a possible victim of trafficking pursuant to Chapter 65C-43, F.A.C.

(c) If a change in placement is required, the child welfare professional must follow the outcome of the MDT process and transition plan.

3. When the child is located, the child welfare professional or designee shall immediately notify the following individuals and agencies:

a. The child’s caregiver or legal guardian,

b. Law enforcement,

c. Guardian ad litem and attorney ad litem, if appointed; and,

d. Children’s Legal Services or the contracted legal provider.

(d)(c) All notifications provided in subparagraph (4)(a) (6)(a)1. or (6)(b)3., of this rule, and all efforts to interview the child shall be documented in the child welfare information system FSFN as a Missing Child – Debriefing note type within one (2) business day of the attempted interview.

(e)(d) The child welfare professional or designee shall document the child’s recovery shall be documented in the child welfare information system FSFN by completing the electronic Rapid or Standard Recovery missing child report recovery form within 24 hours upon learning that a missing child has been located, has turned 18 years of age, or whose case was judicially closed (unless this ruling is under consideration for or in the process of appeal). The Department shall review the missing child recovery report to ensure that the case meets case closure criteria with the FDLE/Missing and Endangered Person Information Clearinghouse.

Rulemaking Authority 39.012, 39.0121(16), 39.0141 FS. Law Implemented 39.0141, 39.4022 FS. History–New 5-4-06, Amended 2-25-16, 1-11-18. Amended ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kristin Morgan

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun L. Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 20, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 8, 2023