The purpose and effect of this proposed rule is to establish standards for evaluating information contained in the Florida Safe Families Network (FSFN) automated system relating to a person who must be screened for purposes of making a placement ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-38.002Child Abuse, Neglect, Abandonment Investigations

65C-38.003Relative and Non-Relative Placements

65C-38.004Foster Care Licensure

65C-38.005Adoptions

PURPOSE AND EFFECT: The purpose and effect of this proposed rule is to establish standards for evaluating information contained in the Florida Safe Families Network (FSFN) automated system relating to a person who must be screened for purposes of making a placement decision.

SUMMARY: This chapter implements Chapter 2008-245, Laws of Florida, by establishing requirements for conducting abuse and neglect record checks of the Florida Safe Families Network; out-of-state abuse and neglect record checks; and establishes the standards that will be used when evaluating information obtained from abuse and neglect record checks. The chapter title and rule titles have changed since the Notice of Rule Development was published on 1/8/2013.

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 department used a checklist to conduct an economic analysis and determine If there was an adverse impact or regulatory costs of the rule that exceeded the criteria in Section 120.541(2)(a), F.S.. Based upon this analysis, the department has determined that this chapter 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.

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 was an adverse impact or regulatory costs of the rule that exceeded 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, 39.0138 FS.

LAW IMPLEMENTED: 39.0138, 39.521 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: Eleese Davis, [phone], [e-mail] or 1317 Winewood Blvd, Building 1, Room 303B, Tallahassee, Florida 32399

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 65C-38

Abuse Records Checks for the Investigation of Reports or Abuse, Neglect, or Abandonment and for the Placement of Children

 

65C-38.001Definitions

65C-38.002Child Abuse, Neglect, and Abandonment Record Checks

 

65C-38.001 Definitions.

(1) “Florida Safe Families Network” is the Department’s Statewide Automated Child Welfare Information System (SACWIS) and serves as the electronic case record for all child abuse and neglect records.

(2) “Verified finding” means a finding by a child protective investigator that there is a preponderance of credible evidence that specific harm or threat of harm to a child was the result of abuse, abandonment, or neglect.

(3) “Foster Care” when used in the Chapter means the 24-hour substitute care for children placed away from their parents or guardians and for whom the agency has placement and care responsibility as defined in the Code of Federal Regulation, 45C-1355.20. This includes, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes. A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the State, Tribal or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is Federal matching of any payments that are made.

Rulemaking Authority 39.012, 39.0121, 39.0138 FS. Law Implemented 39.0138 FS. History–New________.

 

65C-38.002 Child Abuse, Neglect, and Abandonment Record Checks.

(1) The department and its designated agents shall conduct a check of the Florida Safe Families Network on all persons, including parents, being considered by the department or it’s designated agents for placement of a child, including all prospective foster or adoptive parents, unlicensed relative caregiver, nonrelatives, and all members of the household, 12 years of age and older, of the person being considered. This includes placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre adoptive homes. A child is in foster care in accordance with the definition in Rule 65C-38.001, F.A.C., applies regardless of whether payments are made by the State or local agency for the care of the child or whether adoption subsidy payments are being made prior to the finalization of an adoption.

(2) An out-of-state child abuse and neglect records check shall be initiated for any person 18 years of age or older who resided in another state during the preceding five years.

(3) The child abuse and neglect record check must ensure that no persons considered for placement of a child have a verified finding of abuse or neglect that led to any of the following actions:

(a) Child fatality;

(b) Removal of a child; or

(c) Termination of parental rights.

(4) The court may review a decision of the department to deny placement of a child based on the results of the child abuse and neglect record check. The review may be upon the motion of any party, the request of any person who has been denied a placement by the department, or on the court’s own motion. The court shall prepare written findings to support its decision.

(5) A person who is seeking placement of a child but is denied the placement because of the results of a child abuse and neglect records check has the burden of setting forth sufficient evidence to show that the person will not present a danger to the child if the placement of the child is allowed.

Rulemaking Authority 39.012, 39.0121, 39.0138 FS. Law Implemented 39.0138, 39.521 FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Eleese Davis, [phone], [e-mail] or 1317 Winewood Blvd, Building 1, Room 303B, Tallahassee, Florida 32399

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David E. Wilkins, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 1, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 8, 2013