The Department intends to amend rule 65C-28.011, F.A.C., to align background screening requirements for parents, relatives, and nonrelatives with requirements for out-of-home caregivers.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.011Criminal, Delinquency and Abuse/Neglect History Checks for Release to a Parent, Placement with a Relative and Non-Relative and Approval of Informal Safety Management Providers

PURPOSE AND EFFECT: The Department intends to amend rule 65C-28.011, F.A.C., to align background screening requirements for parents, relatives, and nonrelatives with requirements for out-of-home caregivers.

SUMMARY: The amendment provides the following: When the applicant or any other household member was named as caregiver responsible in a report verified for sexual abuse, this shall be an automatic disqualifier for placement.

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(1), 39.0138(1) FS.

LAW IMPLEMENTED: 39.0138, 39.401(3), 39.521(2)(o)2. 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-28.011 Criminal, Delinquency and Abuse/Neglect History Checks for Release to a Parent, Placement with a Relative and Non-Relative and Approval of Informal Safety Management Providers.

(1) The following criminal, delinquency and abuse/neglect history checks shall be performed when a child is initially placed or remains with a relative or non-relative:

(a) For all household members age 12 or older, an abuse/neglect records check through the Department’s information system containing statewide abuse/neglect records. When the applicant or any other household member is designated as the “caregiver responsible” in a report verified for sexual abuse, the applicant shall be automatically disqualified for placement.

(b) through (f) No change.

(g) For household members age 18 or older who are known to have resided in another state in the preceding five (5) years, a request shall be made to the other state for an abuse and neglect history check. When the applicant or any other household member is designated as the “caregiver responsible” in a report verified for sexual abuse, the applicant shall be automatically disqualified for placement.

(h) through (j) No change.

(2) through (9) No change.

Rulemaking Authority 39.012, 39.0121(1), 39.0138(1) FS. Law Implemented 39.0138, 39.401(3), 39.521(2)(o)2. FS. History–New 5-4-06, Amended 5-8-16, 2-5-18, 11-25-20. Amended____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica Johnson

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 24, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 2, 2021