The Department intends to amend Rule 65C-29.003, F.A.C., to clarify: 1) The responsibilities of the child protective investigator when a child cannot remain in the home without safety management; and 2) The least intrusive protective actions.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-29.003Child Protective Investigations

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-29.003, F.A.C., to clarify: 1) The responsibilities of the child protective investigator when a child cannot remain in the home without safety management; and 2) The least intrusive protective actions.

SUMMARY: The amendments will clarify that the child protective investigator must take the child into protective custody when the child cannot remain in the home without safety management and a family-made arrangement is not appropriate. Additionally, the amendments will clarify that when a relative is unavailable or not an appropriate placement option, the next least intrusive action is placement of the child with a non-relative who is known to the family and who is able to provide for the health and safety of the child and has an established relationship with the child.

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, 39.301(14)(c) FS.

LAW IMPLEMENTED: 39.301 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 [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-29.003 Child Protective Investigations.

(1) through (2) No change.

(3) Safety Planning Requirements. For every report received in which a danger threat has been identified, the following actions shall be completed:

(a) Upon the identification of a danger threat, the child protective investigator shall determine if, with the provision of safety management services and the implementation of an in-home safety plan, the child can safely remain at home.

1. If the child cannot remain in the home without safety management, the child protective investigator must develop an out-of-home safety plan.  If the family has not made a family-made arrangement prior to the Department’s intervention or the family-made arrangement is not appropriate due to the circumstances surrounding the danger threat(s) in the home, the child protective investigator shall take the child into protective custody and determine from the following list the least intrusive protective actions to ensure the child’s safety:

a. through b. No change.

c. When a relative is unavailable or not an appropriate placement option, the next least intrusive action is placement of the child with a non-relative who is known to the family and who is able to provide for the health and safety of the child and has an established relationship with the child.

d. No change.

2. No change.

(b) through (c) No change.

(4) through (6) No change.

Rulemaking Authority 39.012, 39.0121, 39.301(14)(c) FS. Law Implemented 39.301 FS. History–New 5-4-06, Amended 12-31-14, 12-13-15, Amended_____ .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alissa Cross

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 24, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 5, 2016