The Department intends to amend Rule 65C-30.015, New Reports Received, Removal and Placement of Children, to address the needs of minor parents in care.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-30.015New Reports Received, Removal, and Placement of Children

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-30.015, New Reports Received, Removal and Placement of Children, to address the needs of minor parents in care.

SUMMARY: The amendments accomplish the following: (1) Requires notification to Children’s Legal Services when new reports of abuse, neglect, or abandonment are received on active cases; (2) Changes terminology from “mother” to “parent”; and (3) Requires a staffing to re-assess child safety, permanency, or well-being needs prior to investigative closure.

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(2), FS.

LAW IMPLEMENTED: 39.401, FS.

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 850-717-4470 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS

 

Substantial rewording of Rule 65C-30.015 follows. See Florida Administrative Code for present text.

65C-30.015 New Reports Received, Removal and Placement of Children.

(1) When a new report of abuse, neglect, or abandonment is received on an active case, the child protective investigator (CPI) shall:

(a) Notify the case manager and Children’s Legal Services within one (1) business day; and

(b) Conduct a multidisciplinary staffing based upon the criteria as outlined in subsection (7) of this rule as soon as possible, but no later than 14 business days, to assess the need for modifications to the safety plan. If the decision is made to leave the child in the home even though other children are currently placed in out-of-home care, the approval of a case management organization or community-based care administrator shall be obtained and documented in the Florida Safe Families Network (FSFN) by the case manager.

(2) Children’s Legal Services shall notify the court within two (2) business days of receipt of the new intake report if there is an open judicial case.

(3) If, during contact with the child or family, the case manager has cause to immediately remove the child due to a dangerous situation, the case manager shall call 911 immediately.

(a) The case manager shall remain with the child until the child can be removed by a law enforcement officer or a CPI; however, the case manager is not required to remain with the child if the situation threatens the personal safety of the case manager.

(b) In situations involving immediate or life-threatening danger to the child, the case manager is authorized to physically remove the child from the situation until physical custody of the child can be given to a CPI or a law enforcement officer.

(4) In all cases, the new child information shall be added to the family functioning assessment in FSFN.

(5) The CPI and case manager shall maintain ongoing communication via telephone until the investigation is closed. When the CPI or case manager is unavailable, an email shall be sent to the child welfare professional and supervisor to schedule a follow up time.  These ongoing discussions shall address:

(a) Whether the existing safety management services are sufficient to control newly identified or ongoing danger threats within the home.

(b) Whether to require additional accountability of the parents through dependency proceedings and whether an out-of-home safety plan should replace an in-home safety plan.

(c) Whether to modify the permanency goal and whether additional assessments are needed to inform new service provisions.

(d) Any other case updates.

(6) A multidisciplinary staffing shall be conducted with 14 business days of receiving the new intake between the family, CPI, case manager, services provider(s), guardian ad litem, Children’s Legal Services, and anyone else who may have relevant information to re-assess child safety, permanency and well-being for families who have two or more of the following risk factors:

(a) The parent/ legal custodian is 25 years of age or younger;

(b) The parent/ legal custodian or an adult currently living in or frequently visiting the home has a history of substance abuse, mental illness, or domestic violence;

(c) The parent/ legal custodian or an adult currently living in or frequently visiting the home has been previously found to have physically or sexually abused a child;

(d) The parent/ legal custodian or an adult currently living in or frequently visiting the home has been the subject of multiple allegations of abuse or neglect;

(e) The child is physically or developmentally disabled;

(f) The child is three (3) years of age or younger;

(g) The family is under post placement supervision; or

(h) Post-adoption families.

(7) The safety determination within the investigation for any child under protective supervision shall remain unsafe until:

(a)  An assessment has been conducted and a determination made that the caregiver protective capacities are adequate, and all danger threats have been eliminated or are being managed by a parent(s) or legal guardian(s); and

(b) A progress update regarding the assessment and results has been entered in FSFN.

(8) When a minor child in foster care is pregnant or becomes a parent, the case manager shall assist him or her in arriving at a plan for their future.

(a) The case manager shall staff any decision not to remove the infant from the minor parent (foster child) with his or her supervisor and document the staffing decision in FSFN.

(b) If the minor parent chooses to keep the child or is uncertain, placement of the parent and child shall be, unless contrary to the best interests of the infant, in the same foster home or group home in order to strengthen attachment and provide the minor parent with the opportunity to learn child-caring skills from the foster parent or residential program staff.

(c) If the minor parent decides to place the infant for adoption, the case manager shall refer the parent to a licensed child-placing agency.

(d) In cases where the minor foster child’s emotional or mental capacity to parent are in question or the minor foster child has a juvenile delinquency history involving acts of violence, the case manager shall obtain a psychological or psychiatric evaluation of the parent prior to the birth of the child to assess coping skills, mental health issues, and the ability to provide adequate care, supervision, and protection for the child. The findings and recommendations set forth in the evaluation shall be considered in determining if the parent can provide a safe environment for the child.

 

Rulemaking Authority 39.012, 39.0121(2) FS. Law Implemented 39.401 FS. History–New 5-4-06, Amended 2-25-16.  Amended_____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John Harper

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 2, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 12, 2019