The purpose of this rulemaking is to update language in the rule, to modify eligibility criteria for Team Coordinators and Case Coordinators, and to add criteria for an Intake Coordinator.

 

DEPARTMENT OF HEALTH

Division of Children's Medical Services

RULE NOS.:RULE TITLES:

64C-8.001Definitions

64C-8.002Child Protection Team Organization, Roles and Responsibilities

64C-8.003Child Protection Team Services

64C-8.004Waivers

PURPOSE AND EFFECT: The purpose of this rulemaking is to update language in the rule, to modify eligibility criteria for Team Coordinators and Case Coordinators, and to add criteria for an Intake Coordinator.

SUMMARY: The rule revises definitions, professional qualifications, Team responsibilities, and the waiver process.

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: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

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: 39.3031 FS

LAW IMPLEMENTED: 39.303 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: Patricia Armstrong, Chief, Bureau of Child Protection and Special Technology, Division of Children’s Medical Services, 4052 Bald Cypress Way BIN A-06, Tallahassee, Florida 32399-1707.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64C-8.001 Definitions.

For the purpose of this rule chapter, the following definitions will apply:

(1) “Case” – a referral that is accepted by a Child Protection Teaman individual child referred to and accepted by a child protection team for assessment services as a result of a report of alleged abuse, abandonment, or neglect made to the Florida Abuse Hotlinecentral abuse hotline as set forth in section 39.201, F.S.

(2) through (3) No change.

(4) “Medical Diagnostic Examination” – a medical evaluation performed by a Child Protection Team physician, Physician Assistant, or an Advanced Practice Registered Nurse.

(5) through (6) No change.

Rulemaking Authority 39.3031 FS. Law Implemented 39.303 FS. History–New 3-2-93, Amended 5-7-96, Formerly 10J-10.002, 65C-7.001, Amended 4-30-08, 12-2-15, 7-30-18,____.

 

64C-8.002 Child Protection Team Organization, Roles and Responsibilities.

(1) No change.

(2) Each Child Protection Team must will have an on-site Team Coordinator who iswill be responsible for the daily coordination of Team activities and services. The minimum qualifications for this position are set forth in the paragraphs below:

(a) Bachelor’s or Master’s Degree in Public Health, Social Sciences, Criminal Justice, Criminology, Nursing, Psychology, or related Human Services field; at least two years of post-degree experience working with children and families, at least one year of which is in the field of child abuse, abandonment, and neglect within the immediate past 7 years; and one year experience in program management, or a Human Services field, Psychology, Social Work, or Nursing.

(b) Bachelor’s or Master’s Degree in Public Health, Social Sciences, Criminal Justice, Criminology, Nursing, Psychology, or related Human Services field; and at least five years of post-degree experience working with children and families, at least one year of which is in the field of child abuse, abandonment, and neglect within the immediate past 7 years; and one year experience in program management. At least three years of experience in the field of child abuse and neglect, one of which must have been in program management.

(3) Each Child Protection Team staff shall consist of one or more case coordinators who complete assessment activities, and referrals, and perform related duties. The minimum qualifications for this position are set forth in the paragraphs below:

(a) Bachelor’s or Master’s Degree in Public Health, Social Sciences, Criminal Justice, Criminology, Nursing, Psychology, or related Human Services field; and at least two years of post-degree experience working with children and families, at least one year of which is in the field of child abuse, abandonment, and neglect within the immediate past 7 years, or a Human Services field, Psychology, Social Work, or Nursing.

(b) Bachelor’s or Master’s Degree in Public Health, Social Sciences, Criminal Justice, Criminology, Nursing, Psychology, or related Human Services field; and at least five years of post-degree experience working with children and families, at least one year of which must be working in the field of child abuse, abandonment, and neglect within the immediate past 7 years. At least two years of experience working with children or families, one year of which must be working with abused and neglected children.

(4) Each Child Protection Team may have an Intake Coordinator to assist with referrals, data entry, and other related duties. The minimum qualifications for this position are a Bachelor’s or Master’s Degree with a preference in Public Health, Social Sciences, Criminal Justice, Criminology, Nursing, Psychology, or related Human Services field; and at least one year’s experience working with children and families.

(4) renumbered (5) No change.

(6)(5) Each Child Protection Team shall have Florida-licensed Physicians, Advanced Practice Registered Nurses, Registered Nurses, or Physician Assistants who work under the supervision of the Team Medical Director and respond to requests for medical consultation and medical diagnostic examination and evaluation of children suspected of being abused, abandoned, or neglected.

(6) renumbered (7) No change.

Rulemaking Authority 39.3031 FS. Law Implemented 39.303 FS. History–New 3-2-93, Amended 5-7-96, Formerly 10J-10.006, 65C-7.002, Amended 4-30-08, 12-2-15, 7-30-18,_____.

 

64C-8.003 Child Protection Team Services.

(1) A Child Protection Team physician, or Advanced Practice Registered Nurse, or Physician Assistant and a case coordinator must be available 24 hours a day, seven days a week to provide CPT services for consultation.

(2) Child Protection Team services are provided in cases of suspected abuse, abandoment, or neglect without regard to income. All children reported as being abused, abandoned, or neglected by an adult caretaker and accepted by the Florida Abuse Hotline for protective investigation are eligible for Child Protection Team services. All eligible children are provided Team services.

(3) Medical diagnostic examinations can be conducted in person or through the use of telemedicine technology. Use of telemedicine requires the presence of a Child Protection TeamChildren’s Medical Services Physician or Advanced Practice Registered Nurse with at the hub site and a Registered Nurse or Physician Assistant at the remote site to facilitate the evaluation.

Rulemaking Authority 39.3031 FS. Law Implemented 39.303 FS. History–New 3-2-93, Amended 5-7-96, Formerly 10J-10.007, 65C-7.003, Amended 4-30-08, 12-2-15, 7-30-18,_____.

 

64C-8.004 Waivers.

(1) In the event that an individual fails to meet the qualifications of Rrule 64C-8.002, F.A.C., the Child Protection Team Coordinator or their designee may request a waiver of that requirement. The Team Coordinator or designee must apply for a waiver by completing DH8005-CMS-03/2022, Child Protection Team Waiver Request Form, which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref- .

(2) All Child Protection Team Waiver Request Forms must requests for waiver shall be submitted electronically in writing to the Division of Children’s Medical Services, Bureau of Child Protection and Special Technologies. The request must and shall specify the requirement and position for which the waiver is being requested. Additionally, the Child Protection Team may include any training, education, or experience the individual possesses which would be pertinent to the position being sought. The waiver request must include a training plan that addresses the additional training or supervision needs for the individual for whom the waiver is requested.

(3) through (4) No change.

(5) The Child Protection Team submitting the waiver request will be notified Division of Children’s Medical Service shall notify the Child Protection Team in writing that the request for waiver of a specific requirement has been granted or denied. If a request for a waiver is denied, the denial letter shall include a notice of the right to request an administrative hearing under section 120.57, F.S.

Rulemaking Authority 39.3031 FS. Law Implemented 39.303 FS. History–New 3-2-93, Amended 5-7-96, Formerly 10J-10.008, 65C-7.004, Amended 4-30-08, 12-2-15, 7-30-18,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Patricia Armstrong, Chief, Bureau of Child Protection and Special Technology, Division of Children’s Medical Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Joseph Ladapo, MD, PhD, State Surgeon General, Department of Health

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 26, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 26, 2021