Definitions, Visitation, Medical Treatment, Placement Matching Requirements, Changing Placements, Permanency Staffings, Voluntary Licensed Out-of-Home Care, Adolescent Services, Minor Parents in the Custody of the Department, Criminal, Delinquency ...
DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
RULE NOS.:RULE TITLES:
65C-28.001Definitions
65C-28.002Visitation
65C-28.003Medical Treatment
65C-28.004Placement Matching Requirements
65C-28.005Changing Placements
65C-28.006Permanency Staffings
65C-28.007Voluntary Licensed Out-of-Home Care
65C-28.009Adolescent Services
65C-28.010Minor Parents in the Custody of the Department
65C-28.011Criminal, Delinquency and Abuse/Neglect History Checks for Relative and Non-Relative Placements
65C-28.012Home Studies for Relative and Non-Relative Placements
65C-28.013Indian Child Welfare Act
65C-28.014Behavioral Health Services
65C-28.015Residential Mental Health Treatment
65C-28.018Meeting the Child's Educational Needs
65C-28.019Normalcy
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 229, November 25, 2015 issue of the Florida Administrative Register.
65C-28.001 Definitions
All definitions for this rule are located in Rule 65C-30.001, F.A.C.
Rulemaking Authority 39.012, 39.0121, 39.5085(2)(a), 63.233, 409.175(5), 394.9082 FS. Law Implemented 39.401(3), 39.6011, 39.5085, 39.521, 39.701, 409.145(1), 409.165(1), 409.401, 409.175 FS. History–New 5-4-06. Amended_____.
65C-28.002 Family Time
(1) Family Time between a Child in Out-of-Home Care and Parents.
(a) Family Time between the child and the child’s parents shall occur in accordance with court orders. and as reflected in the case plan and safety plan. If the court order conflicts with the safety plan, the child welfare professional shall contact Children’s Legal Services to determine what steps will be taken to modify family time. If at any time the safety of the child can not be assured , family time shall be suspended for up to 72 hours and the child welfare professional Department or contracted service provider shall contact Children’s Legal Services to determine what steps will be taken to modify family time. Family time between a child and parents may only be limited or terminated by order of the court.
(b) through (c) No change.
(2) Family Time Visitation among Siblings. The child welfare professional responsible for the case shall ensure that separated siblings under supervision maintain family time visitation unless the family time visitation would be contrary to the safety or well-being of any of the children. Sibling family time visitation shall only be limited or terminated by order of the court.
Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.0139, 39.402(9), 39.506(6), 39.521(1)(d)2., (3)(b)1., (d), 39.701(2) (a)7., (2)(c)6., 39.811(7)(b) FS. History– New 5-4-06. Amended_____.
65C-28.003 Medical Treatment
(1) No change.
(2) Ongoing health care and treatment provision shall include physical, dental and vision examinations as required by Rule Chapter 59G-4, F.A.C., “Medicaid Services.”
(a) No change.
(b) If the child welfare professional responsible for the case receives a notice for a scheduled child health check-up, he or she shall immediately send copies to the child’s custodial parent, the child’s licensed out-of-home caregiver or relative or non-relative caregiver. Information pertaining to the child’s health check-up shall be documented in FSFN by the child welfare professional responsible for the case within 48 hours of notification of completion of the medical appointment after the check-up by the child welfare professional responsible for the case.
(3) No change.
(4) The child welfare professional and licensed caregivers shall receive training in regard to and comply with the federal Health Insurance Portability and Accountability Act which provides procedures regarding the management and protection of personal health information. The child welfare professional shall inform relative and non-relative caregivers regarding the requirements of HIPAA.
(5)(4) No change.
(6)(5) Consent for Medical Care of Children in Out-of-Home Care When Parental Rights Have Not Been Terminated. There are three types of medical care and treatment, each of which requires its own method to obtain consent for medical treatment. This may include a relative or non-relative who has been granted custody by the court. The attending physician shall determine the type of care needed.
(a) Ordinary Medical Care and Treatment. After a child is adjudicated dependent, the contracted service provider may delegate authority to consent to ordinary medical care and treatment to the out-of-home caregiver if the child remains in the custody of the Department. Children’s Legal Services shall request the A court order placing the child in out-of-home care should specify individuals who are authorized to consent to ordinary medical care and treatment for the child.
(b) Extraordinary Medical Care and Treatment. If the health care provider determines that an illness or injury requires medical treatment beyond ordinary medical care and treatment, but is not an emergency, the express and informed consent of the child’s parent for the treatment shall be sought. If a parent provides express and informed consent for any extraordinary medical procedure, the form and content of the consent shall be as directed by the prescribing health care professional.
1. If the parent is unavailable, unwilling or unable to provide informed consent for the proposed medical care, the child welfare professional shall consult with the medical provider to determine if the treatment should be required. If consultation with the medical provider results in a determination that the treatment should be required, the child welfare professional shall seek and obtain an order of the court authorizing the treatment prior to the treatment being rendered. The prescribing health care professional will be directed by Section 394.459(3), F.S., in the form and content of the express and informed consent. In cases when the child is prescribed psychotropic medications, the procedures established in Section 39.407(3), F.S., will be followed.
2. No change.
(c) Emergency Medical Care and Treatment. Although parents shall be involved whenever possible, obtaining consent is not required for emergency care and treatment. If the emergency care and treatment is provided without parental consent, the child welfare professional shall ensure the parent and the guardian ad litem, if appointed, are notified no later than 48 hours from the time the child welfare professional was notified of the care and treatment. after the treatment is administered. The child’s case file shall contain a statement signed by the attending physician that the situation was an emergency and the care was needed to ensure the child’s health or physical well-being. The case file shall also contain documentation that the parent and guardian ad litem, if appointed, were notified after the treatment was administered. If the parents are unable to be located, all attempts to locate and notify parents shall be documented in the child’s case file.
(7)(6) No change.
(8)(7) Required Documentation for Medical Care and Treatment.
(a) No change.
(b) All actions taken to obtain medical history and parental consent for medical screening, treatment, medications or immunizations shall be documented in FSFN and a copy provided to the out-of-home caregiver for placment in the Child’s Resource Record. If parental consent is received, a copy of the “Consent for Treatment and Release of Medical Information”, CF- FSP 4006, October 2005, which is incorporated by reference and available at www.dcf.state.fl.uc/dcfforms, shall be placed in the child’s case file and a copy provided to the caregiver for placement in the Child’s Resource Record, as defined in Rule 65C-30.001, F.A.C.
(c) through (d) No change.
(9)(8) Notification of parents. The child welfare professional shall ensure that the child’s parent is notified of within 48 hours following any medical treatment of the child where the parent was not involved in providing consent for the treatment within 48 hours from the time the child welfare professional was notified of the treatment.
65C-28.004 Placement Matching
(1) Appropriate placement matching begins prior to the the child’s placement. When a child is unable to be safely placed with a parent, the most appropriate available out-of-home placement shall be chosen after analyzing the child’s age, gender, sibling status, special physical, educational, emotional and developmental needs, alleged type of abuse, neglect or abandonment, community ties and school placement, and potential responsible caregivers that can meet the child’s needs. The child welfare professional responsible for the case shall gather information about the child and document it in the appropriate section of the child’s FSFN record.
(2) through (3) No change.
(4) In the case of a child who is a member of an Indian tribe or an Alaskan Native child, placement shall comply with the provisions of the federal Indian Child Welfare Act, 25 U.S.C. §1901 et seq. (see Rule 65C-28.013, F.A.C.).
(5) through (6) No change.
(7) Placement of Children with Special Physical, Medical, Emotional or Developmental Needs.
(a) No change.
(b) The child welfare professional responsible for the case shall provide any formal assessment of the child the child’s assessment and results to the child’s parent, out-of-home caregiver, Children’s Legal Services attorney, and guardian ad litem and child’s attorney, if appointed.
(c) The child welfare professional responsible for the case shall 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 results.
(d) No change.
(e) Whenever a special need is suspected, the child welfare professional responsible for the case shall provide service referrals. take steps to address the need(s)
1. 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. If the CMAT determines refers the child is eligible for medical foster care services, the child welfare professional or other designated staff shall coordinate with the Medical Foster Care program in the local area regarding arrangements necessary to meet the child’s needs. Services shall be coordinated and provided in accordance with the Medical Foster Care Statewide Operational Plan, April 2014, incorporated by reference and available at http://www.floridahealth.gov/AlternateSites/CMS-Kids/providers/documents/MFCPlan.pdf. The child welfare professional shall also consult with Children’s Legal Services to determine whether the child is eligible for the appointment of an attorney under Section 39.01305, F.S.
2. 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 and eligibility for developmental services are shall be obtained by the child welfare professional responsible for the case.
3. No change.
4. If the child is suspected or identified as having a mental health issue, the child welfare professional responsible for the case shall ensure a referral for an assessment is shall be obtained by the child welfare professional responsible for the case.
5. No change.
(f) When a disability is determined and a need for services is identified, the child welfare professional shall arrange for services for the child and or supports for the out-of-home caregiver.
(8) Placement of Children with Communicable Diseases.
(a) through (b) No change.
(c) When a child who has such a disease and is asymptomatic but exhibiting behaviors likely to increase the risk of transmission of the disease to others, such as biting, spitting or the exchange of blood or semen, the child shall be placed, whenever possible, in a home where the caregiver has proper training to ensure the safety of other household members. no other children are present, until the child is medically cleared or the child’s behavior no longer poses a threat. When a placement in a home where no other children are present is not available, all efforts to secure such a placement shall be documented in FSFN.
(d) No change.
(9) Placement of Children Who Are Victims of Sexual Abuse.
(a) When a child is identified as a victim of sexual abuse and needs to be placed in out-of-home care, the child welfare professional responsible for the case shall 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 in the event the child exhibits problematic sexual behavior.
(b) No change.
(10) through (13) No change.
Rulemaking Authority 39.012, 39.0121(2), (6), (12), (13), 39.307(7), 39.5075(8), 409.145(5) FS. Law Implemented 39.307(1)(b), 39.402, 39.407, 39.522, 409.145(2), 409.996(12), FS. History–New 5-4-06. Amended_____
65C-28.005 Changing Placements
(1) Except in emergency situations or when ordered by the court, the child’s parents, unless contrary to court order, licensed out-of-home caregivers and the guardian ad litem or attorney ad litem, if appointed, shall be given at least two (2) weeks notice prior to moving a child from one out-of-home placement to another and the reason a placement change is necessary. In emergency situations, a change of placement can be made immediately. The child welfare professional shall within 72 hours inform the child’s parents, unless contrary to court order, Children’s Legal Services and guardian ad litem and child’s or attorney ad litem , if appointed, of the move and the reasons an emergency placement change was necessary.
(a) No change.
(b) If the parent(s) is unable to be located, efforts to locate and notify the parent shall be documented in FSFN, unless the court previously excused the Department from further efforts to locate.
(2) No change.
(3) The child welfare professional shall provide supportive services to the caregiver where the child is residing to avoid a change in placement when possible. When a placement is in danger of disrupting, the child welfare professional shall urge the caregiver to wait, when appropriate, to request removal of the child until all reasonable efforts can be made to remedy the reasons for the child’s instability. When efforts to stabilize a placement have not been successful or there are circumstances that preclude the child’s continued stay, the child welfare professional will work with the caregiver to reach agreement on a move date that takes into consideration the following needs of the child:
(a) There is an appropriate break in the school year;
(b) An appropriate alternative placement can be located; and
(c) No change.
(4) The caregiver at the new placement shall be prepared and informed prior to placement of the child and shall be given needed support to help the child transition and achieve stability. Out-of-home caregivers shall be given all relevant information about the child in their care while maintaining confidentiality requirements. Specifically, the child welfare professional shall:
(a) through (f) No change.
(g) Provide to the licensed out-of-home caregiver the Child’s Resource Record. The Child’s Resource Record from the previous placement(s) shall be reviewed with the licensed out-of-home caregiver upon the child’s new placement. The child welfare professional shall discuss with the licensed out-of-home caregiver the caregiver’s role in maintaining and updating the Child’s Resource Record.
65C-28.006 Permanency Staffings
(1) through (3) No change.
(4) The following persons shall be invited to attend:
(a) through (b) No change.
(c) Guardian ad litem and child’s attorney ad litem, if appointed;
(d) through (g) No change.
(h) The child, depending on his or her age, maturity level, and ability to effectively participate in the staffing, as determined by the child welfare professional.
(5) through (7) No change.
Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.407(6)(g)3., 39.521(1)(b)3., 39.701(2), (3), (4) FS. History–New 5-4-06. Amended______.
65C-28.007 Voluntary Licensed Out-of-Home Care
(1) through (2) No change.
(3) Once a child has been determined eligible for medical out-of-home care has been recommended, the child welfare professional shall coordinate with the Medical Foster Care program in the local area regarding arrangements necessary to meet the child’s needs.
(4) Voluntary Placement Agreement. When the child is placed into licensed out-of-home care voluntarily, the parent or , legal guardian or relative requesting the placement and the Department or contracted service provider shall enter into a written “Voluntary Placement Agreement,” CF-FSP 5004, October 2005, incorporated by reference and available at www.dcf.state.fl.uc/dcfforms.
(5)(4) No change.
(5) Voluntary Placement Agreement. When the child is placed into licensed out-of-home care voluntarily, the parent or , legal guardian or relative requesting the placement and the Ddepartment or contracted service provider shall enter into a written “Voluntary Placement Agreement,” CF-FSP 5004, October 2005, incorporated by reference and available at www.dcf.state.fl.uc/dcfforms.
(6) No change.
Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.402(15), 39.701(1) (d) FS. History–New 5-4-06. Amended_____.
65C-28.009 Adolescent Services No change.
65C-28.010 Minor Parents in the Custody of the Department
(1) When a minor child in the custody of the Department becomes a parent or enters licensed out-of-home care with his or her own child, the parent and child shall reside together in the same placement unless the younger child’s safety cannot be managed with an in-home safety plan. in such placement or there is no foster home or facility available for both. A petition for adjudication of dependency shall not be filed for the younger child unless there are grounds for dependency of that child independent of the minor parent’s dependency.
(2) In the event that the minor parent’s child is not dependent, the cost of care of the child of a minor parent shall be included in the maintenance payment for the minor parent. There shall be one (1) payment that is enhanced to include the child’s needs. If the minor parent is Title IV-E of the Social Security Act eligible, the total payment is Title IV-E reimbursable.
Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.402(7) FS. History–New 5-4-06. Amended____
65C-28.011 Criminal, Delinquency and Abuse/Neglect History Checks for Relative and Non-Relative Placements
(1) through (3) No change.
(4) Any relatives or non-relatives who wish to become licensed as foster parents must meet the licensing requirements of Rule Chapter 65C-13, F.A.C., including the criminal, delinquency and abuse/neglect history check requirements for licensed out-of-home caregivers.
(5) through (6) No change.
(7) Criminal, Delinquency and Abuse/Neglect History Check Results. The Department or contracted service provider shall not make or recommend a relative or non-relative placement if the results of criminal, delinquency and abuse/neglect history checks indicate that the child’s safety may be jeopardized in the placement or if the relative or non-relative has a disqualifying offense pursuant to Section 39.0138(2), F.S.
(a) No change.
(b) Criminal Offenses.
1. For placements with relatives or non-relatives, Section 39.0138(2)-(3), F.S., lists there are criminal offenses that statutorily disqualify these persons for placement of the child.
2. No change.
(8) through (9) No change.
65C-28.012 Other Parent Home Assessment and Home Studies for Relative and Non-Relative Placements
(1) Prior to release or placement of a child with another parent, an “Other Parent Home Assessment,” CF-FSP 5411, October 2013, incorporated by reference and available at www.dcf.state.fl.uc/dcfforms, must be completed.
(2) No change.
(3) In fulfilling the requirements of Section 39.521, F.S., a summary of the results of the home study shall be prepared, which shall include the recommendation to be made to the court. This summary includes the following categories, each of which shall be summarized:
(a) through (c) No change.
(d) Whether each proposed out-of-home caregiver will provide adequate and nurturing care and can ensure a safe home.
(e) through (h) No change.
(4) Unless developmentally inappropriate, aA determination shall be made and documented regarding the child’s preferences on the placement.
(5) No change.
(6) If the child is not in the household where the home study was completed and the proposed out-of-home caregiver is not selected, the proposed caregiver shall be verbally so advised by the child welfare professional responsible for the case within five (5) business days and then documented in FSFN.
(7) through (8) No change.
(9) When a child has been placed in a relative or non-relative household, and other children have already been placed in the home by the Department or contracted service provider, an updated Unified Home Sstudy addressing issues surrounding placement of an additional child in the household shall be prepared and provided to the court in conjunction with a recommendation regarding placing an additional child in the home.
Rulemaking Authority 39.012, 39.0121(12), (13), 39.5085, FS. Law Implemented 39.5085(2), 39.521(2)(r), (3)(b), 39.522(1) FS. History–New 5-4-06. Amended_____
65C-28.013 Indian Child Welfare Act
The Indian Child Welfare Act of 1978 (“ICWA”) is federal legislation found in 25 U.S.C. 1901 et seq., that governs child custody proceedings involving children who are members of an Indian tribe or Alaskan Native children as defined by the Act.
(1) The child welfare professional shall determine at the onset of each child protective investigation if the child is a member of an Indian tribe or Alaskan Native child as defined by the Act. If a child involved in a child protective investigation is identified as being eligible for the protections of the Indian Child Welfare Act, all legal proceedings and case planning activities shall be in compliance with the provisions of the Act and with any existing written Tribal Agreements between the Department and the child’s tribe. All child protective investigations, ongoing safety and case management, and legal proceedings activities shall be documented in FSFN.
(2) through (8) No change.
65C-28.014 Behavioral Health Services
(1) Comprehensive Behavioral Health Assessment (CBHA). The CBHA referral guidelines are contained in the Medicaid Mental Health Targeted Case Management Services Handbook, 2013 edition, incorporated by reference and available at http://www.fdhc.state.fl.us/Medicaid/e-library/docs/HCM_FL_Training_TCM.pdf. The Handbook provides guidelines for providing the CBHA to children ages zero (0) through five (5) and six (6) up to age 21.
(1)(2) A child shall be referred for a Comprehensive Behavioral Health Assessment (CBHA):
(a) through (c) No change.
(3) through (4) are renumbered (2) through (3) No change.
(4) The child welfare professional responsible for the case shall ensure the CBHA is filed with the court.
(5) No change.
(6) When service needs are identified, children shall be referred to community mental health providers in the community who accept the child’s Medicaid Managed Medical Assistance plan. are enrolled as Medicaid providers. If a Medicaid provider is not available, the child welfare professional shall refer to a provider that best meets the child’s needs.
(7) No change.
Rulemaking Authority 39.012, 39.0121(12), (13), 394.9082(12) FS. Law Implemented 39.701, 394.9082 FS. History–New 5-4-06. Amended_____.
65C-28.015 Residential Mental Health Treatment
(1) Initial Consideration of Need for Residential Treatment.
Residential mental health treatment is provided to a child for the specific purpose of addressing the child’s mental health needs through observation, diagnosis and treatment in a therapeutic setting, which includes therapeutic group homes and residential treatment centers as defined in Section 394.67, F.S. Residential mental health treatment shall not be used for emergency placements or to provide secure shelter for the child. If the child is in acute psychiatric crisis, the child shall be referred to a the crisis stabilization unit for emergency screening and stabilization.
(2) through (3) No change.
Rulemaking Authority 39.012, 39.0121(13), 394.4781(4) FS. Law Implemented 39.407(6), 394.4781, 394.4785, 394.479, 394.495 FS. History–New 5-4-06. Amended_____.
65C-28.018 Meeting the Child’s Educational Needs
(1) Maintaining the child’s school stability while in out-of-home care in the school or educational setting the child attended prior to entry into out-of-home care is first priority, unless remaining in the same school or educational setting is not in the best interest of the child as documented in FSFN.
(a) If it is not in the child’s best interest to maintain the school of origin upon placement in out-of-home care, Tthe caregiver will work with the child welfare professional, child’s parent or guardian, guardian ad litem, child’s attorney, and educational surrogate, if appointed, to determine the best educational setting: .
1. At the time of placement in out-of-home care;
2. At the time of any subsequent placement changes; and
3. When it is determined that it is not in the best interest for the child to remain in the child’s current educational setting.
(b) No change.
(c) Factors to be considered in determining the best educational setting for the child include:
1. The ability to implement an I.E.P, if applicable.
2. The impact on academic credits.
3. The availability of extracurricular activities important to the child.
4. Course offerings.
5. Cultural and community connections.
6. The child’s medical and behavioral health needs.
7. The child’s permanency goal and timeframe for achieving permanency.
(d) Changes in educational settings should be made at logical junctures, including during school breaks and at the end of a grading period.
(2) through (3) No change.
(4) If it is in the child’s best interest to remain in the school of origin, the child welfare professional shall, in accordance with local agreement, contact the foster care liaison or other designees as identified within the school district for the child’s school of origin to determine whether the child meets the requirements of the McKinney-Vento Homeless Assistance Act, 42 U.S.C.A. §11431 et seq., as a “child awaiting foster care placement” or whether the school district will otherwise provide transportation to the school of origin, even if the child is moved to another county.
(a) No change.
(b) If the school district refuses to provide transportation, or declines to define the child as homeless such that the child is not entitled to the protections of the McKinney-Vento Act, the child welfare professional shall:
1. Ddiscuss this denial with Children’s Legal Services to determine whether the child should engage in the McKinney-Vento dispute resolution process; and.
2. Explore other transportation options to maintain school stability.
(5) Special Education Considerations.
(a) No change.
(b) If the child’s parent or legal guardian is unwilling or unable to serve as the child’s educational decision maker, the CLS attorney shall:
1. Determine whether the out-of-home caregiver, excluding child-caring agency staff and theraputic foster parents, is willing and able to attend the necessary training and to serve as the child’s surrogate parent; or
2. No change.
(6) No change.
Rulemaking Authority 39.012, 39.0121(13), 39.4091(4) FS. Law Implemented 39.4091, 39.6012(2)(b)4 FS. History–New
65C-28.019 Normalcy
(1) through (2) No change.
Rulemaking Authority 39.012, 39.0121(9), 39.4091(4), 409.175(5)(a), 409.145(5), F.S. Law Implemented 39.4091, 409.145, F.S. History – New
