The Department intends to amend rule 65C-29.002, F.A.C., to clarify when complaints concerning infants or children in automobiles who are not in legally required child restraint devices constitute reports of abuse, neglect or abandonment that must ...  

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    DEPARTMENT OF CHILDREN AND FAMILIES

    Family Safety and Preservation Program

    RULE NO.:RULE TITLE:

    65C-29.002Reports of Child Abuse, Neglect or Abandonment

    PURPOSE AND EFFECT: The Department intends to amend rule 65C-29.002, F.A.C., to clarify when complaints concerning infants or children in automobiles who are not in legally required child restraint devices constitute reports of abuse, neglect or abandonment that must be investigated or when such complaints only require a community referral. In addition, the amendments will clarify how calls to the Hotline regarding placement disruptions and failure to comply with case plans will be treated.

    SUMMARY: The rule will specify the circumstances when complaints concerning infants or children in automobiles who are not in legally required child restraint devices must be investigated. Additionally, calls to the Hotline regarding placement disruptions and failure to comply with case plans will be accepted as Foster Care Referrals.

    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, FS.

    LAW IMPLEMENTED: 39.201, 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 (850)717-4470 or Jodi.Abramowitz@myflfamilies.com.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    65C-29.002 Reports of Child Abuse, Neglect or Abandonment.

    (1) through (4) No change.

    (5) The Florida Abuse Hotline shall process and document all allegations reported.

    (a) No change.

    (b) The Florida Abuse Hotline counselor shall determine if the caller is reporting the exact same incident as that contained in a prior closed report. If the current allegations do not offer new information, additional subjects, new evidence, or additional allegations or incidents, a new report shall not be generated.

    (c) No change.

    (6) Depending upon the timing and type of information received, reports shall be entered into the statewide automated child welfare information system as “Initial” investigations, “Additional” investigations, or “Supplemental” reports.

    (a) through (d) No change.

    (e) The following do not constitute reports of abuse, neglect or abandonment but callers shall be given appropriate community referral information if available:

    1. through 2. No change.

    3. Complaints concerning infants or children in automobiles who are not in legally required child restraint devices unless one or more of the following circumstances are present:

    a. The parent or legal guardian was charged with driving under the influence of drugs or alcohol.

    b. The parent or legal guardian received a traffic citation(s) for reckless driving.

    c. A child was seriously injured or killed during an accident.

    4. through 10. No change.

    11. Calls from case managers regarding the placement disruption of a child in out-of-home care, whether the child is in a licensed or non-licensed placement, shall be accepted by the Florida Abuse Hotline as foster care referrals. However, if the placement disruption is as a result of an incident of child abuse, neglect or abandonment by the placement caregiver, a report of child maltreatment shall be accepted by the Florida Abuse Hotline.

    12. Calls from case managers regarding a family’s failure to comply with the conditions of the voluntary or court-ordered case plan, unless such failure has resulted in a new incident of abuse or neglect, shall be accepted by the Florida Abuse Hotline as foster care referrals. This includes calls involving post-placement supervision case management issues.

    13. through 14. No change.

    Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.201 FS. History–New 5-4-06, Amended 12-31-14, ______.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: John Harper

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 17, 2018

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 25, 2018

Document Information

Comments Open:
6/26/2018
Summary:
The rule will specify the circumstances when complaints concerning infants or children in automobiles who are not in legally required child restraint devices must be investigated. Additionally, calls to the Hotline regarding placement disruptions and failure to comply with case plans will be accepted as Foster Care Referrals.
Purpose:
The Department intends to amend rule 65C-29.002, F.A.C., to clarify when complaints concerning infants or children in automobiles who are not in legally required child restraint devices constitute reports of abuse, neglect or abandonment that must be investigated or when such complaints only require a community referral. In addition, the amendments will clarify how calls to the Hotline regarding placement disruptions and failure to comply with case plans will be treated.
Rulemaking Authority:
39.012, 39.0121, F.S.
Law:
39.201, F.S.
Contact:
Jodi Abramowitz. Jodi can be reached at 850-717-4470 or Jodi.Abramowitz@myflfamilies.com.
Related Rules: (1)
65C-29.002. Reports of Child Abuse, Neglect or Abandonment