Definitions, Adoptive Family Selection, Case Reviews, Recruitment, Screening and Application Process/Adoptive Applicants, Evaluation of Applicants, Abuse Hotline and Registry and Criminal Records Checks, Dispute Resolutions and Appeals, Adoption ...
DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
RULE NOS.:RULE TITLES:
65C-16.001Definitions
65C-16.002Adoptive Family Selection
65C-16.003Case Reviews
65C-16.004Recruitment, Screening and Application Process/Adoptive Applicants
65C-16.005Evaluation of Applicants
65C-16.007Abuse Hotline and Registry and Criminal Records Checks
65C-16.008Dispute Resolutions and Appeals
65C-16.009Adoption Placement
65C-16.010Adoption Placement - Post-Placement Services
65C-16.011Confidentiality - Human Immunodeficiency Virus (HIV) Infected Clients
65C-16.012Types of Adoption Assistance
65C-16.013Determination of Maintenance Subsidy Payments
65C-16.014Post Adoption Services
65C-16.015Non-Recurring Adoption Expenses
65C-16.016Access to Closed Adoption Records
65C-16.017Florida Adoption Reunion Registry
65C-16.019Intervention in Dependency Cases
65C-16.020Communication or Contact
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 47, March 9, 2016 issue of the Florida Administrative Register.
65C-16.001 Definitions.
No change.
65C-16.002 Adoptive Family Selection.
(1) through (2) No change.
(3) Siblings.
(a) No change.
(b) In situations where consideration is being given to separating siblings who are in an open dependency case, a sibling separation staffing shall be held. The staffing shall consist of at least three (3) members, preferably with adoption experience. Consideration should be given to including a Department staff person. The members must consider the emotional ties existing between and among the siblings and the degree of harm which each child is likely to experience as a result of separation. 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) through (e) No change.
(4) through (6) No change.
(7) No change.
(a) No change.
1. through 3. No change
4. Deviations from the normal range of development; and,
5. No change.
(b) Medical History. A medical examination must be completed by a licensed qualified physician, preferably a pediatrician, to determine the child’s state of health and significant health factors which may interfere with normal development. The medical history must take into consideration the following:
1. through 3. No change.
4. Significant illnesses and health of the child, parents and other family members; and,
5. No change.
(c) Family History. Family history shall be obtained from birth parents when possible and shall include any medical and mental health information about both parents and any siblings. Information about the child’s birth family shall include:
1. through 7. No change.
8. Child’s past and present relationship with family members and the significance of these relationships; and,
9. No change.
(d) through (g) No change.
(8) A copy of the child study shall be provided to the adoptive parents prior to the adoptive placement. The identity of the birth family shall be protected when providing the child study to the family. The information must be shared either using the “Disclosure Information to Adoptive Parents” form, CF-FSP 5328, December 2010, incorporated by reference and available at www.dcf.state.fl.us/dcfforms/ or a form developed by the CBC provider. If the CBC provider chooses to use its own form, that form must contain all of the elements of CF-FSP 5328, February 2016 December 2010.
Rulemaking Authority 63.233, 409.166(8) FS. Law Implemented 63.039(1), 63.042, 63.0425, 63.0427, 63.085, 409.166(5) 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,_______.
65C-16.003 Case Reviews.
(1) The purpose of case reviews is to ensure that reasonable efforts to achieve the permanency goal of adoption are conducted and documented in Florida Safe Families Network (FSFN) and ongoing judicial review social studies reports for every child with an adoption goal at the earliest possible time.
(2) The case review requirements for children in adoption planning consist of two (2) types of reviews:
(a) Match Staffings. Staff responsible for case planning for children who are permanently committed to the Department with a goal of adoption shall meet every 60 days to discuss and assess the strengths and needs of children without an identified adoptive family with the goal of matching them with approved prospective adoptive families. The available families for the waiting children will be sought from the Florida Safe Families Network (FSFN), community-based care (CBC) agencies, AdoptUSKids, and Children Awaiting Parents (CAP).
1. through 4. No change.
(b) No change.
Rulemaking Authority 39.0121 FS. Law Implemented 39.621, 39.701, 39.811(8), (9), 39.812 FS. History–New 4-28-92, Amended 4-19-94, Formerly 10M-8.0023, Amended 12-4-97, 8-19-03, 11-30-08,_____.
65C-16.004 Recruitment, Screening and Application Process/Adoptive Applicants.
(1) through (8) No change.
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,_____.
65C-16.005 Evaluation of Applicants.
No change.
65C-16.007 Abuse Hotline and Registry and Criminal Records Checks.
(1) The term “frequent visitors” is double-coded. This term is deleted.
(a) through (c) No change.
(2) through (4) No change.
Rulemaking Authority 39.012, 39.0121, 63.233 FS. Law Implemented 39.0138(1), 39.521(1)(b)1., 39.701, 39.811(8)-(9), 63.092(3), 63.125 FS. History–New 5-20-91, Formerly 10M-8.00513, Amended 4-28-92, 4-19-94, 8-17-94, 1-8-95, Formerly 10M-8.0053, Amended 12-23-97, 8-19-03, 11-30-08,_____.
65C-16.008 Informal Dispute Resolutions and Appeals.
Rulemaking Authority 63.233 FS. Law Implemented 63.092 FS. History–New 5-20-91, Formerly 10M-8.00514, Amended 4-19-94, 7-18-95, Formerly 10M-8.0054, Amended 8-19-03, 11-15-06, 11-30-08. Repealed.
65C-16.009 Adoption Placement.
No change.
65C-16.010 Adoption Placement – Post-Placement Services.
(1) through (5) No change.
(6) After the post-placement period has been completed, the CBC agency or sub-contractor staff, shall sign the consent to adoption and forward it to the adoptive parents’ attorney. Any available or readily obtainable family and medical history of the child and birth parents must be attached to the consent If the family and medical history contains identifying information about the biological family, that information must be deleted prior to presenting it to the family.
(a) At the time of the adoptive placement, the CBC agency or sub-contractor case manager or adoption counselor shall complete the original and two (2) copies of Section A and B of the Certified Statement of Final Decree of Adoption, DH 527, August 2008, incorporated by reference and available at http://www.dcf.state.fl.us/dcfforms/search/dcffformssearch.aspx in Rule 64V-1.0031(1), F.A.C., and verify the information with the adoptive parents. The CBC agency or subcontractor case manager or adoption counselor shall then forward the Certified Statement of Final Decree of Adoption to the parent’s attorney.
(b) No change.
65C-16.011 Confidentiality – Human Immunodeficiency Virus (HIV) Infected Clients.
No change.
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 special needs child until the child’s 18th birthday. Unless approved by the Department’s regional managing director or designee Secretary of the Department pursuant to subsection 65C-16.013(8), F.A.C., the amount of the payment may not exceed the statewide standard foster care maintenance payment board rate for which the child would have been eligible had the adoption placement not taken place.
(3) No change.
(a) through (b) No change.
(c) Information and referral requests; and,
(d) No change.
(4) through (8) No change.
65C-16.013 Determination of Maintenance Subsidy Payments.
(1) through (7) No change.
(8) When a child has a specific and diagnosed physical, mental, emotional, or behavioral problem which requires care, supervision, and structure beyond that ordinarily provided in a family setting, a maintenance subsidy may be negotiated up to 100% of the statewide foster care board rate. A subsidy may exceed 100% of the statewide foster care board rate when an exception is granted by the Department’s regional managing director or designee. Requests for exceptions must be in writing. In determining whether to grant an exception, the regional managing director or designee shall consider the medical, behavioral, and therapeutic needs of the child at the time of the negotiation, as well as the projected future needs of the child based on the family and medical history of the child and birth family. In no case shall the subsidy exceed the foster care maintenance payment for which the child is or would be eligible if the child had been in placed in a family foster home. Maintenance subsidy is not intended to cover services which can be obtained through family insurance, Medicaid, Children’s Medical Services, medical subsidy, or through special education plans provided by the public school district.
(9) through (15) No change.
65C-16.014 Post Adoption Services.
(1) No change.
(a) No change.
(b) At least one (1) monthly adoptive parent support group(s) or monthly newsletters; and,
(c) No change.
(2) through (5) No change.
(6) When a request for a post-adoption service(s) is denied, the CBC agency shall notice the Department of the denied service. The Department shall notify the adoptive parent(s) of any denial of post-adoption services and advise them of the option for review of the denial pursuant to the Administrative Procedures Act, Chapter 120, F.S.
65C-16.015 Non-Recurring Adoption Expenses.
No change.
65C-16.016 Access to Closed Adoption Records.
(1) through (6) No change.
Rulemaking Authority 63.233 FS. Law Implemented 39.00145(1)-(2), 63.162(2)-(4), (6) FS. History–New 5-20-91, Amended 4-28-92, 4-19-94, Formerly 10M-8.024, Amended 8-19-03, 11-30-08,_____.
65C-16.017 Florida Adoption Reunion Registry.
(1) through (6) No change.
(7) Fee for Service.
(a) through (e) No change.
(f) The Department shall waive fees in cases where need and hardship is documented. Acceptable documentation of hardship includes verification that applicant is receiving unemployment benefits, public assistance, social security income or supplemental nutrition assistance food stamps.
65C-16.019 Intervention in Dependency Case.
(1) No change.
(a) through (b) No change.
(c) A parent executes a consent for the child’s placement with an adoption entity; and,
(d) No change.
(2) through (17) No change.
Rulemaking Authority 63.233 F.S. Law Implemented 63.085, 63.082(6), 63.092 F.S. History – New
65C-16.020 Communication or Contact.
No change.
