Amendments are to align with changes in s. 409.166, F.S. regarding a difficult-to-place child pursuant to Chapter Law 2022-55.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-16.001Definitions

65C-16.002Adoptive Family Selection

65C-16.004Recruitment, Screening and Application Process/Adoptive Applicants

65C-16.005Evaluation of Applicants

65C-16.012Types of Adoption Assistance

65C-16.013Determination of Maintenance Subsidy Payments

65C-16.0131Determination of Extension of Maintenance Subsidy Payments

65C-16.015Non-Recurring Adoption Expenses

65C-16.019Intervention in Dependency Cases

PURPOSE AND EFFECT: Amendments are to align with changes in s. 409.166, F.S. regarding a difficult-to-place child pursuant to Chapter Law 2022-55.

SUMMARY: Amendments include: 1) adding the definition of difficult-to-place, 2) removing obsolete definitions, 3) putting the word adoption or preliminary in front of home study to align with term used in the definitions section, 4) replaces special needs with difficult-to-place, 5) changes FSFN to child welfare information system, 6) adds time frame to upload documentation, 7) corrects spelling errors, 8) replaces regional family safety program office with Department, 9) replaces regional managing director with Family Well-Being Director, and 10) removes language that is in statute.

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: 63.233, 409.166(8), 409.167(6), 39.012, 39.0121, 39.0137, 409.175(5)(a), 409.988(2)(e) F.S.

LAW IMPLEMENTED: 39.0137, 39.0138, 39.811(8)-(9), 39.812(1), (4)-(5), 63.039(1), 63.042, 63.0425, 63.0427, 63.082(6), 63.085, 63.092, 63.165, 63.207, 409.166, 409.167, 409.175(5)(a), 409.986(2), 409.988(2) 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-16.001 Definitions.

(1) through (2) No change.

(3) “Adopted from the Department” means a child permanently committed to the custody of the Department for the purpose of adoption and has been adopted by parents who have an approved adoption home study by the Department.

(4) through (7) No change.

(8) “Adoption Applicant Review Committee” means a committee that provides consultation and assistance to an adoption counselor when the counselor and supervisor are recommending denial of an adoption adoptive home study, or adoption case situations which present challenging issues, such as when multiple families apply to adopt the same child.

(9) through (10) No change.

(11) “Difficult-to-place” for a child has the same meaning as provided in s. 409.166(2), F.S. A difficult-to-place child must meet the requirements of the Social Security Act Sec. 473, 42 U.S.C. 673, where conditions or characteristics make it harder to place a child for adoption without providing adoption assistance.

(11) “Circuit/Region” means a geographic area through which the Department and community based care lead agencies plan and administer their programs.

(12) through (15) No change.

(16) “Match Staffing” means a staffing that is convened to match a child available for adoption without an identified adoptive family with prospective adoptive families with non-child-specific approved adoption adoptive home studies.

(17) “Multidisciplinary Team” means the group of people brought together to plan and coordinate mental health and related services to meet the child’s needs in the most appropriate, least restrictive setting.

(18) “Non-Recurring Adoption Expenses” means adoption fees, court costs, attorney fees, and other expenses as defined in Section 409.166, F.S., that are directly related to the adoption of a special needs child, that were incurred prior to adoption finalization.

(19) is redesignated (17) No change. 

Rulemaking Authority 63.233, 409.166(8), 409.167(6) FS. Law Implemented 63.092, 63.165, 409.166, 409.167 FS. History–New 4-28-92, Amended 4-19-94, Formerly 10M-8.0013, Amended 12-4-97, 8-19-03, 11-30-08, 7-7-16, 12-16-18, 8-15-21. Amended ______________.

65C-16.002 Adoptive Family Selection.

(1) A person seeking to adopt a child who does not meet the definition of difficult-to-place special needs pursuant to Section 409.166(2), F.S., will be referred to the Adoption Information Center. Birth parents seeking adoption planning for their children will also be referred to the Adoption Information Center.

(2) Adoption placements must be made consistent with the best interest of the child. The assessment of the best interest of the child must include the current and projected future needs of the child, consideration of the birth family’s medical and mental health history and the strengths of the potential adoptive family to meet the child’s needs. The adoptive placement decision must be shaped by the following considerations:

(a) Grandparent. A grandparent who is entitled to notice pursuant to Section 63.0425, F.S., must be afforded the opportunity to have an adoption a home study completed and to petition for adoption. If grandparents apply to adopt the child, prior to a Memorandum of Agreement to Adopt being signed by another applicant, the application must be evaluated through an adoptive home study.

(b) Current caregiver. If the current caregiver applies to adopt the child, the application must be evaluated through an adoption adoptive home study. The adoption home study must assess the length of time the child has lived with the current caregiver cargiver, the depth of the relationship existing between the child and the caregiver, and whether it is in the best interest of the child to be adopted by the caregiver.

(c) Relatives and nonrelatives with whom child has a relationship. Persons known to the child, but who do not have custody of the child, may wish to be considered for adoption. If such persons apply to adopt the child prior to a Memorandum of Agreement to Adopt being signed, the application must be evaluated through an adoption adoptive home study. The depth of the relationship existing between the child and the applicant must be assessed and included in the adoption home study. The “Memorandum of Agreement,” CF-FSP 5072, July 2021, is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13386.

(d) Family new to the child. Many families who pursue adoption do not have a specific child in mind when they apply. These families must be provided information about the children available for adoption through the department, and must be helped, through training, preparation, and the adoption home study process, to determine if the adoption of a difficult-to-place child special needs adoption is appropriate for their family.

(3) Siblings.

(a) No change.

(b) In situations where consideration is being given to separating siblings who are in an open dependency case, placing siblings sibling in different adoptive families, or making recommendations for post adoption sibling contact, a sibling separation staffing shall be held. The staffing shall consist of at least five members to include the adoption case manager, dependency dependence case manager, and licensing specialist, if applicable. At least lease five members of the staffing must have completed the Department adoption competency training and must be familiar with Chapter 63, and Section 409.166, F.S., and rule Chapter 65C-16, F.A.C., and the Department’s Operating Procedure 170-12, Oct 2020, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13510. The members must consider the emotional ties existing between and among the siblings and the long-term harm which each child is likely to experience as a result of separation. The members must also consider the potential of siblings to develop a relationship when a sibling is added to an open dependency case, when siblings are separated due to placement limitations, or when the child has siblings who are not involved in the child welfare case. The positives and negatives of keeping the children together must be thoroughly explored, and at least one (1) member must be assigned the role of defending the position of placing the children together. In particularly difficult cases, professionals who have expertise in sibling bonding and adoptions may be consulted.

(c) The decision to separate siblings who are in an open dependency case must be approved in writing and documented in the child welfare information system Florida Safe Families Network (FSFN) by the community-based care (CBC) or subcontractor staff charged with this responsibility. The CBC or subcontractor staff shall prepare a memorandum describing efforts made to keep the siblings together and an assessment of the short-term and long-term effects of separation on the children. The memorandum must also include a description of the plan for post-adoption communication or contact, as described in Rule 65C-16.020, F.A.C., between the children if separation is approved. The final memorandum must be uploaded within 48 hours of the final signature to the adoption file cabinet of the child in the child welfare information system FSFN.

(d) If, after placement as a sibling group, one child does not adjust to the family, a decision must be made regarding what is best for all of the children. The adoption staff must review this situation as a team, and choose the plan that will be least detrimental to the children. The staffing shall be conducted as any other sibling separation staffing as prescribed in paragraph (3)(b), of this rule. The decision and rationale must be documented within 48 hours of the decision in the child welfare information system FSFN. This documentation must also include the plan for future contact if the decision is to pursue separate placements.

(e) No change.

(4) Requests for consideration made after the Memorandum of Agreement to Adopt has been signed. Once a Memorandum of Agreement is signed by the prospective adoptive parents, the Department will not complete an adoption home study a homestudy on any new applicant to adopt the child, unless court ordered.

(5) The following factors must be considered in determining the best interest of the child when selecting an adoptive family and when multiple families apply to adopt the same child.

(a) No change.

(b) Siblings. Consideration must be given to whether the potential caregiver is willing to adopt all members of a sibling group or whether the potential caregiver is willing to promote promore sibling relationships when adoption of all members of the sibling group is not feasible.

(c) through (e) No change.

(6) No change.

(7) Study of the Child. The case manager or adoption counselor must conduct a study of any child to be placed for adoption. In addition to aiding in identifying an adoptive placement, the child study is also documentation of the child’s difficult-to-place factors special needs for subsidy purposes and serves as a vehicle for sharing the child’s history with the adoptive family. The child study must include current and projected or future needs of the child based on all available information regarding the child and the birth family’s medical and social history. A study of the child shall include:

(a) throuth (g) No change.

(8) No change.

Rulemaking Authority 63.233 FS. Law Implemented 39.01375, 63.039(1), 63.0425, 63.0427, 63.085 FS. History–New 2-14-84, Formerly 10M-8.02, Amended 5-20-91, 4-28-92, 4-19-94, 8-17-94, 1-8-95, Formerly 10M-8.002, Amended 12-4-97, 12-23-97, 8-19-03, 11-30-08, 7-7-16, 9-22-21. Amended _________.

65C-16.004 Recruitment, Screening and Application Process/Adoptive Applicants.

(1) through (3) No change.

(4) Within 10 business days after a child has been permanently committed to the Department, the adoption information screens in the child welfare information system FSFN must be completed by the adoption case manager, adoption recruiter, or designee.

(a) When a child or sibling group has no identified adoptive family and is or are legally free for adoption, the child or sibling group must appear on the Florida Adoption Exchange. The child must be documented with an available status, a child web memo and a current child web ready photo in the child welfare information system FSFN. If the child is a member of a sibling group that is seeking to be adopted together by a single family, each child must be documented with the same sibling identification number, sibling web memo and sibling web ready photo in the child welfare information system FSFN.

(b) through (c) No change.

(d) When a child has an identified adoptive family, the required data for the federal and state reports must be documented in the child welfare information system FSFN before the adoption case is closed.

(e) No change.

(5) The prospective adoptive parents’ initial inquiry to the Department or to the CBC or subcontractor staff, whether written or verbal, shall be documented in the statewide child welfare information CCWIS system. Prospective adoptive parents who indicate an interest in adopting children must be referred to a Department-approved adoptive parent training program. The Department shall approve adoptive parent training programs that meet the requirements set forth in subsection (6) of this rule.

(6) No change.

(7) If space is limited in scheduled classes, slots in the classes will be assigned in the following priority order:

(a) Persons with an existing relationship with a specifically identified difficult-to-place special needs child who is waiting for adoption placement, or that child’s sibling.

(b) Persons who have expressed an interest in adopting a specifically identified difficult-to-place special needs child waiting for adoption, or that child’s sibling.

(c) Persons who have explicitly stated their willingness to adopt difficult-to-place special needs children available for placement through the Department or its designee.

(8) Once the prospective adoptive parents complete the approved adoptive parent training program, the Department will complete home studies in the following priority order:

(a) Persons with an existing relationship with a specifically identified difficult-to-place special needs child who is waiting for adoption placement, or that child’s sibling.

(b) Persons who have expressed an interest in adopting a specifically identified difficult-to-place special needs child waiting for adoption, or that child’s sibling.

(c) Persons who have explicitly stated their willingness to adopt difficult-to-place special needs children available for placement through the Department or its designee.

(9) No change.

(10) The adoption case manager shall ensure the initiation and completion dates of the adoption home study are documented on the demographic tab of the unified study in the child welfare information system FSFN.

(a) No change.

(b) The adoption home study completion date shall be the date the adoption case manager submits the adoption home study to his or her supervisor for review.

Rulemaking Authority 39.012, 39.0121, 39.0137, 63.233, 409.175(5)(a), 409.988(2)(e) FS. Law Implemented 39.0137, 39.811(8)-(9), 39.812(1), (4)-(5), 63.092, 409.175(5)(a), 409.167, 409.986(2), 409.988(2) FS. History–New 7-18-95, Formerly 10M-8.0042, Amended 8-19-03, 11-30-08, 7-7-16, 8-15-21. Amended ________.

65C-16.005 Evaluation of Applicants.

(1) No change.

(2) An adoption adoptive home study which includes observation, screening and evaluation of the child and adoptive applicants shall be completed by a staff person with the CBC, subcontractor agency, or other licensed child-placing agency prior to the adoptive placement of the child. The aim of this evaluation is to select families who will be able to meet the physical, emotional, social, educational and financial needs of a child, while safeguarding the child from further loss and separation from siblings and significant adults. The adoption adoptive home study is valid for 12 months from the approval date.

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

(a) through (c) No change.

(d) The family’s child rearing experience. Applicants with previous child-rearing experience and who have a demonstrated history of having provided consistent financial and emotional support to other minor children, either birth or adopted, will be considered. Applicants who do not have previous child-rearing experience as a parent but who demonstrate the capacity to parent a difficult-to-place special needs child by providing care or supervision of a child, such as in a role as an aunt or uncle, teacher, foster parent or friend, will also be considered. Families with no child-rearing experience must also be assessed for their capacity to provide care for a difficult-to-place special needs child;

(e) through (g) No change.

(h) Income. The family must have legal and verifiable income and resources to ensure financial stability and security to meet expenses incurred in the care of the family. While a family’s income must meet the needs of its current members, a family interested in a difficult-to-place special needs child must not be precluded from consideration if the availability of an adoption subsidy would enable them to adopt a difficult-to-place special needs child. Management of current income and the ability to plan for future changes in income so that the child’s social, physical and financial needs will be met are as important as the amount of income;

(i) through (j) No change.

(k) Other Children, Including Adult Children, of the Family. When families have children by birth or adoption, the anticipated impact of a new child on the family must be considered. Contact must be attempted with all children of the adoptive family in order to determine the anticipated impact on the family and as part of the assessment of the potential adoptive parent’s capacity to parent a difficult-to-place special needs child;

(l) through (m) No change.

(n) Department, community-based-care (CBC) or Sub-Contractor Employees, Guardian ad Litem Employees, or Guardian ad Litem volunteers. Employees of the Department, the Guardian ad Litem program, and the CBC, including subcontractor staff, and Guardian ad Litem volunteers, may be considered as adoptive applicants. In situations where the employee or volunteer has a close working relationship with the foster care or adoption staff in his or her local area, or had such a relationship within the past two (2) years, completion of the applicant’s adoption home study process shall be conducted by a licensed child-placing adoption agency outside the local area. The CBC agency must be notified within 72 hours when an application to adopt is received from a Department, CBC agency employee. The CBC agency will make a decision regarding whether the adoption home study for the employee will be completed by the CBC agency or if the services of another agency will be sought. If the decision is to have the employee’s adoption home study and subsequent placement handled by another agency, the CBC agency shall make the necessary arrangements with the chosen agency. When an adoptive applicant is a member of a board or group which has actual or perceived authority over the Department, its CBC agency, its staff or operations, such applicant will be referred to another circuit or a local licensed child placing agency for handling;

(o) through (p) No change.

(q) References. A minimum of five (5) written references shall be required. Only one (1) reference may be obtained from an employer and only two of the references may be obtained from a relative. All other references must be obtained from persons who either: 1) have observed the applicants in situations that give some indication for their capacity for parenthood, or 2) who as the result of their relationship to the applicant, possess documentation or knowledge of the applicant’s capacity for parenthood. All references shall be provided directly to the agency person conducting the adoption home study by the person providing the reference; and

(r) The “Acknowledgement of Firearms Safety Requirements” form CF-FSP 5343, July 2017, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13390, must be signed and dated by the adoptive applicants as a part of the adoption home study process. A copy of the signed form must be retained as a part of the approved adoption home study and a signed copy must be provided to the prospective adoptive parents.

(4) Family Preparation and Study Process.

(a) No change

(b) The staff person conducting the adoption home study must clearly document in the adoption adoptive parent home study the reasons why the relative or non-relative caregiver will not be required to complete adoptive parent training.

(c) No change.

(5) Family Preparation Through Use of the Individual Study Process.

(a) No change.

(b) Each decision to use the individual study approach must be approved in writing by the CBC or subcontractor agency, and the adoption home study must include justification for use of this method.

(c) No change.

(6) Families Who Adopt Again. Prior approval of a family to adopt does not automatically deem the family appropriate to adopt again. Consideration of any family for placement of a subsequent child requires an updating of the previous adoption adoptive parent home study. The update shall include an assessment of the following:

(a) through (k) No change.

(7) No change.

(8) At the conclusion of the preparation and study process, the counselor and supervisor will make a decision about the family’s appropriateness to adopt. The decision to approve or not to approve will be reflected in the final recommendation included in the adoption home study. If the recommendation is for approval, the adoption home study will be submitted to the CBC or subcontractor agency for approval. If the counselor and supervisor do not recommend approval for a child specific adoption home study, the case will be reviewed by an Adoption Applicant Review Committee according to the directions provided in subsection 65C-16.005(9), F.A.C.

(9) Adoption Applicant Review Committee. Each CBC agency responsible for providing adoption services for children in the Department’s custody must establish an Adoption Applicant Review Committee.

(a) No change.

(b) The committee will provide consultation and assistance to the adoption counselor on any child-specific adoption adoptive home study in which the counselor and supervisor are recommending denial, or adoption case situations which present challenging issues. Requests for committee review may be made by the adoption counselor, the Department or the CBC agency. Requests for committee review must be made in writing and forwarded to the CBC agency. While the committee is available to review any challenging case, all cases with the following issues, except as set forth below, must be referred to the committee.

1. through 5. No change.

(c) The review committee chairperson will convene the committee within 15 days of receipt of the request and provide all necessary written documents to the committee members prior to the committee convening. A written recommendation will be submitted to the Department regional Family Safety Program Office and the CBC agency within 10 business days of the committee’s decision. Following input from the Department regional Family Safety Program Office and the CBC agency, the chairperson will prepare a written report within ten (10) business days summarizing consensus of the committee and the recommendation from the Department regional Family Safety Program Office and the CBC agency. The recommendation to approve the applicant will be submitted to the CBC agency or a designee. The recommendation to deny the applicant will be submitted to the Family Well-Being Director regional managing director and the CBC agency or a designee.

(d) The CBC agency will provide the applicant with written notification of the decision to approve within 10 business days of the decision. The Family Well-Being Director regional managing director shall provide the applicant with written notification of the decision to deny the application, within 10 business days of the decision. The written notice must include the reason for the denial, and must advise the applicant of his or her option for review of the denial pursuant to Chapter 120, F.S.

(e) The county of jurisdiction shall complete all Adoption Applicant Review Committee staffings on any child or any adoption home study related to the child. If the county of jurisdiction can not complete the staffing due to a conflict, a request shall be made, in consultation with the Family Well-Being Director regional managing director or designee, to transfer the staffing to another county.

Rulemaking Authority 39.012, 63.233 FS. Law Implemented 39.0138, 63.042, 63.092, 63.207 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, 7-7-16, 8-15-21. Amended _____________.

65C-16.012 Types of Adoption Assistance.

(1) No change.

(2) Maintenance Subsidy. A monthly payment may be made for support and maintenance of a difficult-to-place special needs child until the child’s 18th birthday.

(3) Extension of Maintenance Adoption Subsidy. A monthly payment made for support and maintenance of a difficult-to-place special needs young adult until the young adult’s 21st birthday.

(4) through (5) No change.

(6) Reimbursement for Non-recurring Adoption Expenses. Nonrecurring adoption expenses are those necessary adoption fees, court costs, attorney’s fees, and other expenses that are directly related to the legal adoption of a difficult-to-place special needs child.

(7) No change.

(8) Federal Adoption Tax Credit. Families that adopt children with special needs who are considered difficult-to-place are eligible for a tax credit based on expenses related to the adoption or a reimbursable amount based on the year of the adoption finalization. Staff must inform adoptive parents of this tax benefit and the website www.irs.gov to obtain Form 8839, and the instructions for completing Form 8839.

(9) No change.

Rulemaking Authority 409.166(8) FS. Law Implemented 409.166 FS. History–New 2-14-84, Formerly 10M-8.18, 10M-8.018, Amended 8-19-03, 11-30-08, 7-7-16, 12-16-18. Amended _______________.

65C-16.013 Determination of Maintenance Subsidy Payments.

(1) The purpose of adoption subsidy is to make available to prospective adoptive parents financial aid which would enable them to adopt a difficult-to-place special needs child. Every adoptive family must be advised of the availability of adoption subsidy and the purpose for which it is intended. Except as set forth in subsection (6) below, placement without subsidy must be the placement of choice unless it can be shown that such placement is not in the best interest of the child.

(2) The child’s and the family’s need for subsidy must be determined prior to the adoptive placement. A family who enters into their initial subsidy agreement when the child is 16 or 17 years of age must make an election on the initial “Adoption Assistance Agreement” of whether or not to participate particiapte in the Extension of Maintenance Adoption subsidy program. No subsidy payment may be made prior to all parties signing the “Adoption Assistance Agreement,” CF-FSP 5079, (October 2022), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14819.

(a) No change.

(b) If the Department or CBC agency does not have responsibility for placement and care of the child, the CBC agency in the adoptive parents’ county of residence is responsible for determining whether the child meets the definition of difficult-to-place special needs, entering into the Adoption Assistance Agreement and paying the adoption subsidy.

(c) No change.

(3) through (4) No change.

(5) No child shall remain unnecessarily in foster care while the Department searches for a non-subsidized placement, if a family who can meet the difficult-to-place factors special needs of the child is available, but requires a subsidy.

(6) The CBC or subcontractor agency adoption staff shall inform the caregiver that adoption subsidy, unlike foster care board rate payments, is not intended to cover the complete cost of the child’s care. The maintenance subsidy payment is intended to assist the adoptive parent in supporting the extra costs associated with adopting a difficult-to-place child with special needs.

(7) through (14) No change.

(15) Any child who has been determined eligible for adoption subsidy whose adoption has been dissolved by termination of parental rights or by the death of the adoptive parents must continue to meet the definition of difficult-to-place special needs in the subsequent adoption in order to be eligible for adoption assistance.

(16) No change.

Rulemaking Authority 409.166(8) FS. Law Implemented 409.166(4) FS. History–New 2-14-84, Formerly 10M-8.20, Amended 5-20-91, 4-19-94, Formerly 10M-8.020, Amended 12-23-97, 8-19-03, 11-30-08, 7-7-16, 10-30-16, 12-18-16, 9-25-17, 2-5-18, 12-16-18, 8-15-21, 11-7-22. Amended ________________.

65C-16.0131 Determination of Extension of Maintenance Subsidy Payments.

(1) The purpose of the Extension of Maintenance Adoption Subsidy is to make available to prospective adoptive parents financial aid that would enable them to adopt a difficult-to-place special needs child who is 16 or 17 years of age. Every adoptive family adopting a child at the age of 16 or 17 must be advised of the availability of Extension of Maintenance Adoption Subsidy and the purpose for which it is intended.

(2) through (4) No change.

(5) The CBC or subcontractor agency adoption staff shall inform the adoptive parent(s) that the Extension of Maintenance Adoption Subsidy, unlike foster care board rate payments, is not intended to cover the complete cost of the young adult’s care. The Extension of Maintenance Adoption payment is intended to be a continuation in assisting the adoptive parent with the extra costs associated with supporting the young adult with special needs who is considered difficult-to-place.

(6) through (14) No change.

Rulemaking Authority 409.166(8) FS. Law Implemented 409.166(4) FS. History–New 12-16-18, Amended 8-15-21, 11-7-22. Amended ___________.

65C-16.015 Non-Recurring Adoption Expenses.

(1) Under any adoption assistance agreement with adoptive parents of a difficult-to-place special needs child, the state is authorized to make payments to the adoptive parents as referenced in s. 409.166(7), F.S.. for non-recurring, one time, expenses the adoptive parents have incurred in connection with adoption of the special needs child. Nonrecurring adoption expenses are those adoption fees, court costs, attorney fees, and other expenses which are directly related to the adoption of the special needs child. Such costs may include expenditures for physical and psychological examinations of the adoptive parents if required as a part of the adoption process, as well as transportation, lodging and food for the child or adoptive parents when necessary to complete the placement or adoption process.

(2) through (6) No change.

(7) The following procedures will initiate payments for reimbursement of nonrecurring adoption expenses:

(a) All adoptive parents of difficult-to-place special needs children will be advised by the staff person conducting the adoption home study of the availability of nonrecurring expense reimbursement;

(b) Reimbursement for eligible costs may be made to the adoptive parent or directly to a vendor. All adoptive parents will be advised by the staff person conducting the adoption home study to keep copies of receipts of expenditures related to the adoption. Copies of such receipts must be available in the subsidy record. Eligible expenses include court costs, attorney fees, birth certificates, costs of required physicals and psychological examinations, costs of transportation, lodging and food for the child and/or adoptive parents when necessary to complete the adoption process, and the cost of the adoption home study if the child is in the custody of a private agency;

(c) through (d) No change. 

Rulemaking Authority 409.166(8) FS. Law Implemented 409.166 FS. History–New 5-20-91, Amended 4-19-94, Formerly 10M-8.0221, Amended 8-19-03, 11-30-08, 7-7-16. Amended _________________.

65C-16.019 Intervention in Dependency Cases.

(1) through (3) No change.

(4) The Department shall evaluate the intervention preliminary home study of the adoption entity’s prospective adoptive parent and any other relevant information available to the Department to determine whether the placement will be in the child’s best interest using the “Intervention Best Interest Checklist” form, CF-FSP 5451, July 2021, incorporated and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13391, based on the following factors:

(a) through (j) No change.

(k) All the special needs of the child, including the child’s physical health, mental health, educational needs, and attachment concerns;

(l) No change.

(5) The Intervention Best Interest Checklist must be uploaded into the child welfare information system FSFN and shared with Children’s Legal Services within 48 hours of completion by the adoption case manager.

(6) If the court grants the intervention, the CBC or subcontractor shall terminate their supervision and end the removal episode of the child in the child welfare information system FSFN with a discharge reason of transferred to another agency. The CBC or subcontractor shall not close the case in the child welfare information system FSFN until finalization of the adoption.

(7) through (11) No change.

(12) If the adoptive family requests subsidy and the child is determined eligible for maintenance adoption subsidy, all required documentation supporting the request must be provided to the CBC or subcontractor and the private adoption screen in the child welfare information system FSFN must be completed if the subsidy is approved.

(13) Department’s Legal Case File. When an adoption entity intervenes in a dependency court case, the Department, through an attorney for the Department, shall maintain a legal case file until the adoption is finalized. For this file, the Department shall collect and maintain the following:

(a) through (c) No change.

(d) The final adoption home study; and,

(e) No change.

(14) Final Adoption Home Study. The intervening adoption entity shall provide the court and the Department with a final adoption home study before a final order of adoption is granted. The final adoption home study shall meet the following requirements:

(a) The final adoption home study must be performed by a licensed child-placing agency, a child-caring agency registered under Section 409.176, F.S., a licensed professional, or an agency as described in Section 61.20(2), F.S., unless the petitioner is a stepparent or relative.

(b) The final adoption home study shall contain:

1. through 4. No change.

(15) through (18) No change.

Rulemaking Authority 63.233 FS. Law Implemented 63.082(6), 63.092 FS. History‒New 7-7-16, Amended 8-15-21. Amended _______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Valerie Proctor

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 5, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2023