The Department intends to amend rule 65C-30.011, F.A.C., to add additional child placement responsibilities.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-30.011Placement Responsibilities of the Child Welfare Professional

PURPOSE AND EFFECT: The Department intends to amend rule 65C-30.011, F.A.C., to add additional child placement responsibilities.

SUMMARY: The amendments accomplish the following: Require the child welfare professional making a placement to provide information about the out-of-home caregiver to the child; provide the out-of-home caregiver with specified information and supports; document assessments and referrals; ensure application is made for social security benefits, as applicable; and provide the out-of-home caregiver with the child’s resource record.

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(2), (6), (12), (13), 39.307(7), 409.145(4), F.S.

LAW IMPLEMENTED: 39.307(1)(b), 39.401(3)(b), 39.402(8)(h)6., 39.407(3)(b), 409.145(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: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-30.011 Placement Responsibilities of the Child Welfare Professional.

(1)  The child welfare professional person making the placement shall:

(a) Pprovide or arrange for the transport of the child to the placement;,

(b) Aadvise the caregiver as to the reason or circumstances that caused the child to be placed; and

(c) Ffacilitate the adjustment of the child to the placement. The child welfare professional person making the placement shall also be aware of, and attend to, the child’s emotional needs;.

(2) The person making the placement shall

(d) Eensure that the child’s special physical, medical, developmental, educational or emotional needs are met as specified in Rule 65C-28.004, F.A.C.   A behavior management plan is required for children with the following behaviors:

1.(a) Juvenile sexual abuse;

2.(b) Aggressive behaviors;

3.(c) Wounding or killing animals;, or

4.(d) Property destruction.

(e) Provide information about the out-of-home caregiver to the child, as age or developmentally appropriate;

(f) Provide any formal assessment of the child to the child’s parent, out-of-home caregiver, Children’s Legal Services attorney, and guardian ad litem and child’s attorney, if appointed;

(g) Encourage and provide necessary support to the parent and out-of-home caregiver in participating in the assessment or medical evaluation process;

(h) Provide service referrals whenever a physical, medical, developmental, educational, or emotional need is suspected;

(i) Document in the Florida Safe Families Network (FSFN) any notification provided to parents and others regarding a child’s assessment and any referrals made as a result of the assessment;

(j) If there is any potential that a child may qualify for social security survivor benefits, social security disability benefits or Supplemental Security Income due to disability, or other benefits, ensure that an application is made for the benefits on behalf of the child and documented in FSFN;

(k) Arrange for services for the child and supports for the out-of-home caregiver, if a disability is determined and a need for services is identified;

(l) Ensure that the needs of the child for emotional safety and recovery are addressed and that precautions are taken in regards to the safety of other children in the same setting, if a child is identified as a victim of sexual abuse and needs to be placed in out-of-home care; and

(m) Provide the caregivers with written, detailed, and complete information regarding the circumstances surrounding the child’s behavior so that they can avoid any unwitting replication of those circumstances, if a child who is known to have exhibited any behaviors that may result in harm. Information given provided to caregivers shall include the dates of all known incidents; the nature of the relationship between the child and victim; the types of behavior exhibited; a brief narrative outlining the event; the types of treatment needed or provided; and any current treatment outcomes

(2)(3) Continuation of Medical Care and Treatment. The child’s medical care and treatment shall not be disrupted by change of placement. To the extent possible, the child welfare professional person making the placement shall arrange for transportation in order to continue the child with his or her existing treating physicians for any on-going medical care. If this is not possible, thenthe child welfare professional person making the placement shall secure a copy of the child’s medical records from the treating physician within three (3) working days of the change to a new provider. The child welfare professional person making the placement is responsible for the following tasks relating to on-going medical care and treatment:

(a) Discuss with the caregiver all known health care facts regarding the child;

(b) Review with the caregiver all health care and Medicaid information contained in the child’s resource record;

(c) Obtain any prescription medication currently taken by the child. To continue medication as directed, the child welfare professional person making the placement shall obtain the medication in labeled medication bottles, inventory the medications provided, and transport the medications to the child’s caregiver. The inventory shall include:

1. through 10. No change.

(d) If the child is taking unlabeled medications or prescription information is insufficient, the child welfare professional person making the placement shall contact the prescribing physician, if available, to ensure the proper identification and labeling of the medication or to arrange for a medical evaluation in order that treatment not be interrupted; and,

(e) If a child uses medically assistive devices, the child welfare professional person making the placement shall ensure that these devices are taken with the child to the out-of-home placement and. The person making the placement shall also ensure that the caregiver receives instruction concerning the use of the devices from the child’s health care provider.

(3)(4) The Child’s Resource Record. A child’s resource record shall be developed for every child entering out-of-home care. The child welfare professional making the initial placement is responsible for the initial development, monitoring, updating and transporting of the child’s resource record.

(a) The out-of-home caregiver shall be provided with the child’s resource record. The child’s resource record from previous placement(s) shall be reviewed with the out-of-home caregiver upon the child’s new placement. The child welfare professional shall discuss with the out-of-home caregiver the caregiver’s role in maintaining and updating the child’s resource record. If the caregiver reports that materials are missing from the child’s resource record, the child welfare professional shall be provided all available materials within five days.

(b)(a) The child welfare professional person making the placement shall review confidentiality requirements with each caregiver. The caregiver is responsible for maintaining confidentiality of the child’s resource record documents.

(b) through (g) are redesignated (c) through (h) No change.

(4) through (6) No change.

(7) Completion and Review of the Partnership Plan. The person making the placement shall complete the “Partnership Plan for Children in Out-of-Home Care,” CF-FSP 5226, January 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06453, and review with licensed out-of-home caregivers the information provided on the form and its relevance to their responsibilities, obtain a signature of the out-of-home caregiver attesting acknowledgment of the requirements at time of placement, and place in the child’s case record.

(8) When a child is placed in a relative’s or non-relative’s home, the child welfare professional shall inform the relative or non-relative that he or she may seek licensure as a caregiver in accordance with Chapter 65C-45 65C-13, F.A.C., to be eligible for payment as a shelter or foster parent and provide information regarding the Relative Caregiver Program, including non-relative financial assistance.

Rulemaking Authority 39.012, 39.0121(2), (6), (12), (13), 39.307(7), 409.145(4) 409.145(5) FS. Law Implemented 39.307(1)(b), 39.401(3)(b), 39.402(8)(h)6., 39.407(3)(b), 409.145(2) FS. History–New 5-4-06, Amended 2-25-16. Amended_____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vanessa Snoddy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 1, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 9, 2021