The Department intends to amend Rule 65C-30.002, Safety Planning and Case Transfer, to address ongoing safety plan development.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-30.002Safety Planning and Case Transfer

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-30.002, F.A.C., Safety Planning and Case Transfer, to address ongoing safety plan development.

SUMMARY: The amendments accomplish the following: 1) Require safety plans to be developed with the involvement of the parents or legal guardians; 2) Require present danger threats to be addressed prior to the child welfare professional leaving the home; 3) Require the child welfare professional to develop a safety plan in response to impending danger threats; 4) Establish procedures in cases involving an American Indian or Alaskan Native child; 5) Require a discussion of specified topics when a child has been voluntarily moved out of the family home as part of a family made arrangement; and 6) Require a multidisciplinary staffing to address concerns when a consensus between child welfare professionals cannot be reached.

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(12), (13), 39.5075(8) FS.

LAW IMPLEMENTED: 39.301(7) (9), 39.402(7), (15), 39.522(1), 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-30.002 Safety Planning and Case Transfer.

(1) Prior to case transfer, the child protection investigator (CPI) is responsible for development, management and modification of safety plans; after case transfer the case manager is responsible for ongoing safety plan development, safety management, including safety plan modifications. The child welfare professional CPI will have access to an array of formal safety management services available through the lead agency.

(2)All safety plans shall be developed with the involvement of the child’s parents or legal guardians and in-home plans shall contain the safety management services required to prevent removal or reentry of the child.

(a)Present danger threats shall be addressed prior to the child welfare professional leaving the home, unless their personal safety is threatened by their presence within the home.  If the child welfare professional has to leave the home to ensure their own safety, law enforcement shall be contacted, and the plan implemented as soon as it’s safe to return to the location,

(b) The child welfare professional responsible for the case shall develop a safety plan in response to impending danger threats.

(3)(2) No change.

(4)(3) The child welfare professional responsible for the safety plan must determine that any informal provider, including relatives or a parent not in the home, is capable of, and has committed to, implementing his or her role in the safety plan.

(a) through (b) No change. 

(c) In all cases involving an American Indian or Alaskan Native child in which either an out-of-home plan is initiated, or the potential outcome is a dependency action, the Indian Custodian and the child’s tribe shall be notified immediately of the pending placement with notification of all subsequent staffing or case transfer activities as required by the Indian Child Welfare Act.  The child welfare professional shall also check to see if there is an Agency Memorandum of Agreement in place with the respective Indian tribe and follow all outlined requirements. 

(5)(4) No change.

(6)(5) Once the investigation and family functioning assessment have been completed, the CPI shall schedule a case transfer conference at which time a case manager will assume responsibility for ongoing safety and case management.

(a) The CPI or child protective investigator supervisor shall present the case to the lead agency or its designee at the case transfer conference. In all cases involving an American Indian or Alaskan Native child in which the potential outcome is a dependency action, the parent(s) or Indian Custodian and the child’s tribe shall be notified of the staffing and encouraged to participate.

(b) The case transfer conference shall:

1. Address the identification of danger threats, caregiver protective capacities and child vulnerability, including assessment information provided by the Child Protection Team;,

2. Share all critical information on the family, including the parent’s or legal guardian’s level of cooperation in complying with safety actions as part of a lead agency managed safety plan;,

3. If a child has been voluntarily moved outside the family home by a parent as a part of a family made arrangement, discuss:

(a) The reasons for short term separation;

(b) Parents retention of full legal responsibility including decision-making authority and access to the child;

(c) Impacts to the child’s safety given the parents retention of rights;

(d) The safety manager’s ability to care for and protect the child; and

(e) How long the short-term arrangement will last. 

43. If a child has been removed from the home by the Department or voluntarily placed outside the family home by a parent as a part of a family made arrangement, discuss the conditions for return related to the reasons for removal; and,

54. No change.

(c) through (f) No change.

(7) Child welfare professionals shall work collaboratively to determine all additional actions related to safety plan modifications, removals, and placements pursuant to Rule 65C-30.015, F.A.C., to ensure the child’s needs for safety, permanency, and wellbeing are met.  If consensus cannot be reached between the CPI, case manager, service provider(s), and Children’s Legal Services related to safety plan modifications, removals, and placements, a multidisciplinary staffing shall be conducted within 14 business days to address ongoing concerns,

(a) The child welfare professional responsible for the case shall schedule the multidisciplinary staffing,

(b) Additional stakeholders to attend the staffing may include, but are not limited to, the child protective investigator’s supervisor, case management agencies supervisor, program directors, and guardian ad litem.

Rulemaking Authority 39.012, 39.0121(12), (13), 39.5075(8) FS. Law Implemented 39.301(7) (9), 39.402(7), (15), 39.522(1) FS. History–New 5-4-06, Amended 2-25-16,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Atarri Hall

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 22, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 7, 2019