The purpose and effect of this rule is to align the rule with statutory changes made during the 2010 legislative session. Chapter 2010-6, Laws of Florida, amended Section 63.0422, F.S., and Section 409.175 to require all prospective and licensed out-...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Family Safety and Preservation Program

RULE NOS.:RULE TITLES:
65C-16.001Definitions
65C-16.005Evaluation of Applicants
65C-16.012Types of Adoption Assistance
PURPOSE AND EFFECT: The purpose and effect of this rule is to align the rule with statutory changes made during the 2010 legislative session. Chapter 2010-6, Laws of Florida, amended Section 63.0422, F.S., and Section 409.175 to require all prospective and licensed out-of-home caregivers to complete a firearms safety acknowledgement form to be used by child-placing agencies during an adoption home study that requires all prospective adoptive applicants to acknowledge in writing the receipt of a document containing solely and exclusively the language provided for in s. 790.174 verbatim. Chapter 2010-158, Laws of Florida, repealed Section 409.1663, F.S. and the department no longer has the statutory authority to implement the provision of this law.
SUBJECT AREA TO BE ADDRESSED: Adoptions.
RULEMAKING AUTHORITY: 39.0121, 63.233, 409.166(8), 409.167(6) FS.
LAW IMPLEMENTED: 63.0422, 409.175 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Eleese Davis, 1317 Winewood Blvd., Tallahassee, FL 32399, [phone] or [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

65C-16.001 Definitions.

(1) through (25) No change.

(26) “Qualifying Adoptive Employee” means a full-time, part-time or retired employee receiving retirement benefits of a state agency who is paid from regular salary or retirement appropriations or who otherwise meets the employer’s definition of a regular rather than temporary employee and who adopts a child pursuant to Chapter 63, F.S. For purposes of this definition, the term includes instructional personnel, as defined in Section 1012.01, F.S., employed by the Florida School for the Deaf and the Blind.

(26)(27) “Relative” means “relative” as defined in Section 39.01(63), F.S.

(27)(28) “Significant Emotional Tie” means the relationship between a child and his or her caretaker family when a child is bound to that family in such a vital and ardent manner that removal of the child from that family would have detrimental consequences for the child. This term is also used in evaluating a child's eligibility for adoption subsidy when the question of eligibility rests solely on his adoption by the current caretaker.

(28)(29) “Sibling” means one of two or more individuals having one or both parents in common.

(29)(30) “Single Point of Access” means the designated staff person or Alcohol, Drug Abuse and Mental Health staff person or the authorized agent designated by the department within a geographical area who is identified as the point of contact to assist the case management or adoption counselor in accessing mental health assessments and other mental health services for children adopted from foster care or in the care and custody of the department or the appropriate entity within the community based care agency.

(30)(31) “Special Needs Child” means “special needs child” as defined in Section 409.166(2), F.S.

(32) “State Agency” means a branch, department, or agency of state government for which the Chief Financial Officer processes payroll requisitions, a state university or community college as defined in Section 1001.21, F.S., a school district unit as defined in Section 1001.30, F.S., or a water management district as defined in Section 373.019, F.S.

(31)(33) “Suitability of Intended Placement” means the fitness of the intended placement with primary consideration given to the welfare of the child and the fitness and capabilities of the adoptive parents for a particular child.

(32)(34) “To Place” means the process whereby a parent or legal guardian surrenders a child for adoption or a child’s parents’ parental rights are terminated by a court for adoption and the prospective parents’ receiving and adopting the child including all actions by any person or agency participating in the process.

Rulemaking Specific Authority 39.0121, 63.233, 409.166(8), 409.167(6) FS. Law Implemented 39.701, 63.032, 63.092, 63.165, 63.212, 409.166, 409.167, 790.175 FS. History–New 4-28-92, Amended 4-19-94, Formerly 10M-8.0013, Amended 12-4-97, 8-19-03, 11-30-08, 7-21-10,_________.

 

65C-16.002 Adoptive Family Selection. No change.

 

65C-16.003 Case Reviews. No change.

 

65C-16.004 Recruitment, Screening and Application Process/Adoptive Applicants. No change.

 

65C-16.005 Evaluation of Applicants.

(1) through (2) No change.

(3) In determining which applications for adoption should be approved, all of the following criteria, not listed in any order of priority, must be considered:

(a) through (o) No change.

(p) The firearm safety requirement form, CF-FSP 5343, effective February 2013, which is hereby incorporated by reference and available online at www.dcf.state.fl.us/publications/, must be signed and dated by the prospective adoptive parents as a part of the homestudy process. The purpose of this form is to inform prospective adoptive parents of Section 790.175 of the Florida Statutes. A copy of the signed form is retained as a part of the approved homestudy and a signed copy is provided to the prospective adoptive parents.

(4) through (9) No change.

 

Rulemaking Specific Authority 39.012, 63.233 FS. Law Implemented 39.0138, 39.521, 63.042, 63.0422, 409.40, 709.175 FS. History–New 2-14-84, Formerly 10M-8.05, Amended 4-28-92, 4-19-94, 8-17-94, 1-8-95, 7-18-95, Formerly 10M-8.005, Amended 12-23-97, 8-19-03, 11-30-08, 4-6-10,_________.

 

65C-16.007 Abuse Hotline and Registry and Criminal Records Checks. No change.

 

65C-16.008 Dispute Resolutions and Appeals. No change.

 

65C-16.009 Adoption Placement. No change.

 

65C-16.010 Adoption Placement – Post-Placement Services. No change.

 

65C-16.011 Confidentiality – Human Immunodeficiency Virus (HIV) Infected Clients. No change.

 

65C-16.012 Types of Adoption Assistance.

(1) through (5) No change.

(6) Adoption Benefit for State Employees. State employees as desined in Section 409.1663, F.S., who adopt a child may be eligible for a lump sum payment as defined in Section 409.1663, F.S.

(6)(7) Tuition Waiver. Children who were in the custody of the department and who were adopted after May 5, 1997 are eligible for an exemption of undergraduate college tuition fees at Florida universities or community colleges as stated in Section 1009.25, F.S.

(7)(8) Adoption assistance for eligible children will be paid irrespective of the child’s state of residence. Adoptive parents receiving adoption assistance are obligated to notify the department of any change of address.

(9) The provision of all adoption assistance is contingent upon the availability of state and federal funds.

Rulemaking Specific Authority 409.166 FS. Law Implemented 409.166, 409.1663, FS. History–New 2-14-84, Formerly 10M-8.18, 10M-8.018, Amended 8-19-03, 11-30-08,_________.

 

65C-16.013 Determination of Maintenance Subsidy Payments. “No change.”

 

65C-16.014 Post Adoption Services. “No change.”

 

65C-16.015 Non-Recurring Adoption Expenses. “No change”

65C-16.016 Access to Closed Adoption Records. “No change.”

 

65C-16.017 Florida Adoption Reunion Registry. “No change.”

 

65C-16.018 Adoption Benefits for Qualifying Employees of State Agencies.

Rulemaking Authority 409.1663(6) FS. Law Implemented 409.1663 FS. History–New 11-30-08, Repealed________.