The Department intends to add a responsibility to child protective investigators when an allegation of abuse, neglect, or abandonment of a child is received by the Florida Abuse Hotline.

 

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 add a responsibility to child protective investigators when an allegation of abuse, neglect, or abandonment of a child is received by the Florida Abuse Hotline.

SUMMARY: The amendment adds a responsibility to child protective investigators (CPIs). CPIs must determine whether a person alleged to have maltreated a child works in an institutional setting or holds a professional license. In cases where the caregiver is found responsible for abuse, neglect, or abandonment, the CPI must contact the Florida Abuse Hotline if he/she determines that there is credible evidence that children or vulnerable adults within the caregiver’s employment may be at risk of maltreatment.

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) No change.

(2) Investigative Requirements. For every report received, the following actions shall be completed:

(a) through (d) No change.

(e) Determine whether any person alleged to have maltreated a child is employed in an institutional setting or holds a professional license. In instances which the caregiver is found to be responsible for abuse, neglect, or abandonment, the child protective investigator (CPI) shall determine whether information obtained provides credible evidence to support that children or vulnerable adults within the caregiver’s employment may have been or are at risk of being similarly maltreated, in which case the CPI must contact the Florida Abuse Hotline to initiate an institutional investigation.

(e) through (f) are redesignated (f) through (g) No change.

(3) 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, 3-29-16, 6-5-16, 12-24-17,____.

 

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: March 23, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 27, 2020