The Department intends to update Rule Chapter 65C-16 to conform to current statute and practice.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-16.001Definitions

65C-16.002Adoptive Family Selection

65C-16.003Case Reviews

65C-16.004Recruitment, Screening and Application Process/Adoptive Applicants

65C-16.005Evaluation of Applicants

65C-16.007Abuse Hotline and Registry and Criminal Records Checks

65C-16.009Adoption Placement

65C-16.010Adoption Placement - Post-Placement Services

65C-16.013Determination of Maintenance Subsidy Payments

65C-16.0131Determination of Extension of Maintenance Subsidy Payments

65C-16.014Post Adoption Services

65C-16.016Access to Closed Adoption Records

65C-16.017Florida Adoption Reunion Registry

65C-16.019Intervention in Dependency Cases

PURPOSE AND EFFECT: The Department intends to update Rule Chapter 65C-16 to conform to current statute and practice.

SUMMARY: The amendments accomplish the following: (1) Adds a definition for “Adoptive Home Application” and updates the form; (2) Updates the Memorandum of Agreement form; (3) Requires members of a sibling separation staffing to have completed adoption competency training and adds to what must be considered at the staffing; (4) Removes an unnecessary form; (5) Changes the requirement for match staffings from every 60 days to every 45 days; (6) Sets forth required components of adoptive parent training programs; (7) Sets forth requirements that must be met prior to initiating an adoption home study; (8) Requires background screening of household members in caregiving roles; (9) Updates the “Acknowledgement of Firearms Safety Requirements” form; (10) Requires adoption staff to conduct a minimum of two in-home visits with the prospective adoptive parents; (11) Increases the number of references that can be obtained from a relative when updating an adoption home study toward placement of an additional child; (12) Increases the number of members of an Adoption Applicant Review Committee who must have completed the Department adoption competency training, and requires a Department representative who has knowledge of the applicant’s national and state criminal history and child abuse and neglect history to be a member of the committee; (13) Requires the adoption placement process to include a transition plan; (14) Clarifies continued adoption assistance eligibility requirements when adoption has been dissolved by termination of parental rights or by the death of the adoptive parents; (15) Requires the adoption case manager to provide information to the birth and adoptive parents informing them of their rights to consent to the release of adoption records within 30 days of adoption finalization; (16) Codifies the purpose of medical assistance; (17) Permits identifying information from closed adoption records to be released pursuant to statutory conditions, rather than court order; (18) Updates the “Application for Adoption Registry Services”; (19) Requires the Department to use the “Intervention Best Interest Checklist” to evaluate the intervention preliminary home study of the adoption entity’s prospective adoptive parent to determine whether the placement will be in the child’s best interest; and (20) Updates statutory references.

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, 39.0137, 63.233, 409.166(8), 409.167(6), 409.988(2)(e), FS.

LAW IMPLEMENTED: 39.00145, 39.0137, 39.0138, 39.521, 39.621, 39.701, 39.811, 39.812, 63.039, 63.042, 63.0425, 63.0427, 63.082, 63.085, 63.092, 63.125, 63.162, 63.165, 409.166, 409.167, 409.175, 409.986, 409.988, 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-16.001 Definitions.

(1) through (3) No change.

(4) “Adoptive Home Application” means a Department-approved application that captures information needed to complete a general or child specific adoption home study.

(5)(4) “Adoption Home Study” or “Preliminary Home Study” means a written evaluation of the adoptive parents’ capacity for adoptive parenthood. The study assesses the applicants’ home and living environment, their marriage, if any, family and social history, relationships, and criminal history, if any.

(5) through (8) are renumbered (6) through (9) No change.

(10)(9) “At-Risk Adoptive Placement” means a placement of a minor in the home of an approved adoptive parent prior to the termination of the minors’ parents’ parental rights.

(10) through (18) are renumbered (11) through (19) No change.

Rulemaking Authority 63.233, 409.166(8), 409.167(6) FS. Law Implemented 63.092, 63.165, 409.166, 409.167 FS. History–New 4-28-92, Amended 4-19-94, Formerly 10M-8.0013, Amended 12-4-97, 8-19-03, 11-30-08, 7-7-16, 12-16-18. Amended_____

 

65C-16.002 Adoptive Family Selection.

(1) No change.

(2) Adoption placements must be made consistent with the best interest of the child. The assessment of the best interest of the child must include the current and projected future needs of the child, consideration of the birth family’s medical and mental health history and the strengths of the potential adoptive family to meet the child’s needs. The adoptive placement decision must be shaped by the following considerations:

(a) through (b) No change.

(c) Relatives and nonrelatives with whom child has a relationship. Persons known to the child, but who do not have custody of the child, may wish to be considered for adoption. If such persons apply to adopt the child prior to a Memorandum of Agreement to Adopt being signed, the application must be evaluated through an adoptive home study. The depth of the relationship existing between the child and the applicant must be assessed and included in the home study. The “Memorandum of Agreement,” CF-FSP 5072, (insert date) October 2010, is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX06973.

(d) No change.

(3) Siblings.

(a) No change.

(b) In situations where consideration is being given to separating siblings who are in an open dependency case, placing sibling in different adoptive families, or making recommendations for post adoption sibling contact, a sibling separation staffing shall be held. The staffing shall consist of at least five three (3) members to include the adoption case manager, dependency case manager, and licensing specialist, if applicable. At least five members of the staffing must have completed the Department adoption competency training and must be  familiar with Chapter 63 and Section 409.166, F.S., Rule Chapter 65C-16, F.A.C., and the Department’s Operating Procedure 170-12. with adoption experience. The members must consider the emotional ties existing between and among the siblings and the long-term degree of harm which each child is likely to experience as a result of separation. The members must also consider the potential of siblings to develop a relationship when a sibling is added to an open dependency case, when siblings are separated due to placement limitations, or when the child has siblings who are not involved in the child welfare case. The positives and negatives of keeping the children together must be thoroughly explored, and at least one (1) member must be assigned the role of defending the position of placing the children together. In particularly difficult cases, professionals who have expertise in sibling bonding and adoptions may be consulted.

(c) The decision to separate siblings who are in an open dependency case must be approved in writing and documented in the Florida Safe Families Network (FSFN) by the community-based care (CBC) or subcontractor staff charged with this responsibility. The CBC or subcontractor staff shall prepare a memorandum describing efforts made to keep the siblings together and an assessment of the short term and long-term range effects of separation on the children. The memorandum must also include a description of the plan for post-adoption communication or contact, as described in rule 65C-16.020, F.A.C., between the children if separation is approved. The final memorandum must be uploaded to the adoption file cabinet of the child in FSFN.

(d) through (e) No change.

(4) No change.

(5) The following factors must be considered in determining the best interest of the child when selecting an adoptive family and when multiple families apply to adopt the same child.

(a) No change.

(b) Siblings. Consideration must be given to whether the potential caregiver is willing to adopt all members of a sibling group or whether the potential caregiver is willing to promote sibling relationships when adoption of all members of the sibling group is not feasible.

(c) through (d) No change.

(e) Post communication or contact. The willingness and capacity of the prospective adoptive parent to:

1. Establish and promote the child’s relationship with his or her siblings, when appropriate; and

2. Aagree to with post-adoption communication or contact with between the child and his or her siblings or a significant adult when it has been that is determined to be in the best interest of the child must be determined.

(6) through (7) No change.

(8) A copy of the child study shall be provided to the adoptive parents prior to the adoptive placement. The identity of the birth family shall be protected when providing the child study to the family. The information must be shared either using the “Disclosure Information to Adoptive Parents” form CF-FSP 5328, December 2010, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06975, or a form developed by the CBC provider. If the CBC provider chooses to use its own form, that form must contain all of the elements of CF-FSP 5328, February 2016.

Rulemaking Authority 63.233 FS. Law Implemented 63.039(1), 63.0425, 63.0427, 63.085 FS. History–New 2-14-84, Formerly 10M-8.02, Amended 5-20-91, 4-28-92, 4-19-94, 8-17-94, 1-8-95, Formerly 10M-8.002, Amended 12-4-97, 12-23-97, 8-19-03, 11-30-08, 7-7-16. Amended____

 

65C-16.003 Case Reviews.

(1) No change.

(2) The case review requirements for children in adoption planning consist of two (2) types of reviews:

(a) Match Staffings. Staff responsible for case planning for children who are permanently committed to the Department with a goal of adoption shall meet every 45 60 days to discuss and assess the strengths and needs of children without an identified adoptive family with the goal of matching them with approved prospective adoptive families. The available families for the waiting children will be sought from but not limited to the FSFN, the community-based care (CBC) agencies, AdoptUSKids, and Children Awaiting Parents (CAP).

1. through 4. No change.

(b) No change.

Rulemaking Authority 39.0121 FS. Law Implemented 39.621, 39.701, 39.811(8), (9), 39.812 FS. History–New 4-28-92, Amended 4-19-94, Formerly 10M-8.0023, Amended 12-4-97, 8-19-03, 11-30-08, 7-7-16. Amended____

 

65C-16.004 Recruitment, Screening and Application Process/Adoptive Applicants.

(1) through (4) No change.

(5) The prospective adoptive parents’ initial inquiry to the Department or to the CBC or subcontractor staff, whether written or verbal, shall be documented in the statewide CCWIS system. receive a written response or a telephone call within seven (7) business days. Prospective adoptive parents who indicate an interest in adopting children must be referred to a Department-approved adoptive parent training program., as prescribed in Rule 65C-13.024, F.A.C. The Department shall approve adoptive parent training programs that meet the requirements set forth in subsection (6) of this rule.

(6) Adoptive parent training must be a minimum of 21 hours and must include, but is not limited to:

(a) Orientation regarding agency purpose, objectives, resources, policies, and services;

(b) Effects of abuse and neglect in adoption;

(c) Impact of trauma (grief, loss trauma, attachment, and behavioral managements);

(d) Management of difficult child behavior that can be intensified by placement, by prior abuse or neglect, and by prior placement disruptions;

(e) Care of children at various developmental levels, including appropriate discipline;

(f) Transition of a child into and out of foster care, including issues of separation, loss, and attachment;

(g) Prevention of placement disruptions;

(h) Psychotropic medication.  The training must include the administration of psychotropic medication, including the use of psychotropic medications to treat children, the proper dosage of medications, and the importance of monitoring for possible side effects and adverse reactions. Training on psychotropic medications shall also include an overview of Section 39.407, F.S., and Rule Chapter 65C-35, F.A.C., which govern the administration of psychotropic medication; and

(i) Adoptive parent’s role in supporting and promoting the educational progress of the child. 

(7) If space is limited in scheduled classes, slots in the classes will be assigned in the following priority order:

(a) through (c) No change.

(8)(6) No change.

(9)(7) Any prospective protective adoptive parent, who has completed the approved adoptive parent training program, and does not fall into the categories under paragraphs (8)(6)(a)-(c), may be referred to the Adoption Information Center. Pursuant to section 63.092(3), F.S., the Department is required to perform the preliminary home study only if there is no licensed child-placing agency, child-caring agency registered under section 409.176, F.S., licensed professional, or agency described in section 61.20(2), F.S., in the county where the prospective adoptive parent resides.

(10) The adoption case manager shall ensure the initiation and completion dates of the adoption home study are documented on the demographic tab of the unified study in FSFN.

(a) The date of adoption home study was initiated shall be documented once all of the following have occurred:

1. The prospective adoptive parent(s) is applying for a specific child who has been permanently committed to the Department.

2. The prospective adoptive parent(s) has completed the approved adoptive parent training as prescribed in rule 65C-16.005(6), F.A.C.

3. The prospective adoptive parent(s)  and all household members have completed all required background screenings outlined in rule 65C-16.007, F.A.C., with a favorable outcome.          

4. An application to adopt a specific child has been made on the “Adoptive Home Application” form, CF-FSP 5071, (insert date), which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX.

(b) The adoption home study completion date shall be the date the adoption case manager submits the home study to his or her supervisor for review.

(8) An application to adopt must be made on the “Adoptive Home Application” form CF-FSP 5071, October 2014, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06972, or a form developed by the CBC provider. If a CBC provider chooses to use its own form, that form must contain all of the elements of CF-FSP 5071, October 2014.

Rulemaking Authority 39.012, 39.0121, 39.0137, 63.233, 409.175(5)(a), 409.988(2)(e) FS. Law Implemented 39.0137, 39.811(8)-(9), 39.812(1), (4)-(5), 63.092, 409.175(5)(a), 409.167, 409.986(2), 409.988(2) FS. History–New 7-18-95, Formerly 10M-8.0042, Amended 8-19-03, 11-30-08, 7-7-16. Amended____

 

65C-16.005 Evaluation of Applicants.

(1) through (2) No change.

(3) In determining which home studies and applications for adoption will be approved, all of the following criteria, not listed in any order of priority, must be considered:

(a) through (m) No change.

(n) Department, community-based-care (CBC), or Sub-Contractor Employees, Guardian ad Litem Employees, or Guardian ad Litem volunteers. Employees of the Department, the Guardian ad Litem program, and the CBC, including subcontractor staff, and Guardian ad Litem volunteers, may will be considered as adoptive applicants. In situations where the employee or volunteer has a close working relationship with the foster care or adoption staff in his or her local area, or had such a relationship within the past two (2) years, completion of the applicant’s home study process shall be conducted by a licensed child-placing adoption agency outside the local area. The CBC agency must be notified within 72 hours when an application to adopt is received from a Department, CBC agency employee. The CBC agency will make a decision regarding whether the adoption home study for the employee will be completed by the CBC agency or if the services of another agency will be sought. If the decision is to have the employee’s adoption home study and subsequent placement handled by another agency, the CBC agency shall make the necessary arrangements with the chosen agency. When an adoptive applicant is a member of a board or group which has actual or perceived authority over the Department, its CBC agency, its staff or operations, such applicant will be referred to another circuit or a local licensed child placing agency for handling;

(o) No Change

(p) Background Screening. All adoptive applicants and household members must complete the requirements for background screening as outlined in rule 65C-16.007, F.A.C.;

(q) References. A minimum of five (5) written references shall be required. Only one (1) reference may be obtained from an employer and only two one (1) of the references may be obtained from a relative. All other references must be obtained from persons who either: 1) have observed the applicants in situations that give some indication for their capacity for parenthood, or 2) who as the result of their relationship to the applicant, possess documentation or knowledge of the applicant’s capacity for parenthood. All references shall be provided directly to the agency person conducting the home study by the person providing the reference; and,

(r) The “Acknowledgement of Firearms Safety Requirements” form CF-FSP 5343, July 2017 February 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06976, or a form developed by the CBC provider, must be signed and dated by the adoptive applicants as a part of the home study process. A copy of the signed form must be retained as a part of the approved home study and a signed copy must be provided to the prospective adoptive parents. If a CBC provider chooses to use its own form, that form must contain all of the elements of CF-FSP 5343, February 2015.

(4) Family Preparation and Study Process.

(a) Adoption staff must conduct a minimum of two (2) in-home visits with the prospective adoptive parent. The adoption staff must adhere to the requirements as outlined in section 63.093, F.S., regarding the family’s preparation and home study process. shall explain to applicants what to expect during the preparation and study process. Adoption staff must also help to establish a relationship with adoptive applicants which will make it possible for adoptive applicants to ask for and receive help during the presentation, pre-placement, placement and the post-placement adjustment period.

(b) The Department approved adoptive parent training must be provided to and successfully completed by all prospective adoptive parents except licensed foster parents and relative and non-relative caregivers who previously attended the training within the last five (5) years, as prescribed in rule 65C-13.024, F.A.C., or have the child currently placed in their home for six (6) months or longer and been determined to understand the challenges and parenting skills needed to successfully parent the children available for adoption from foster care. The staff person conducting the home study must clearly document in the adoptive parent home study the reasons why the relative or non-relative caregiver will not be required to complete adoptive parent training.

(c) No change.

(5) No change.

(6) Families Who Adopt Again. Prior approval of a family to adopt does not automatically deem the family appropriate to adopt again. Consideration of any family for placement of a subsequent child requires an updating of the previous adoptive parent home study. The update shall include an assessment of the following:

(a) through (h) No change.

(i) Updated References. A minimum of five (5) references shall be obtained when updating an adoption home study toward placement of an additional child. References shall address how the family seems to have managed with the previously adopted child and how they believe the family will cope with additional children. References must be obtained from persons who either: 1) have observed the applicants in situations that give some indication for their capacity for parenthood, or 2) who as the result of their relationship to the applicant, possess documentation or knowledge of the applicant’s capacity for parenthood. The case manager shall attempt to obtain a reference from an adult child of the applicant, if applicable. Only two (2) one (1) of the references may be obtained from a relative;

(j) through (k) No change.

(7) No change.

(8) At the conclusion of the preparation and study process, the counselor and supervisor will make a decision about the family’s appropriateness to adopt. The decision to approve or not to approve will be reflected in the final recommendation included in the home study. If the recommendation is for approval, the home study will be submitted to the CBC or subcontractor agency for approval. If the counselor and supervisor do not recommend approval for a child specific home study, the case will be reviewed by an Adoption Applicant Review Committee according to the directions provided in subsection 65C-16.005(9), F.A.C.

(9) Adoption Applicant Review Committee. Each CBC agency responsible for providing adoption services for children in the Department’s custody must establish an Adoption Applicant Review Committee.

(a) The committee must consist of at least five (5) three (3) people who have completed the Department adoption competency training. A Department representative who has knowledge of the applicant’s national and state criminal history and child abuse and neglect history must be a member of the committee. When the request for committee review is due to a recommended denial of a home study or a Department staff person has knowledge of national criminal results, state sealed or expunged criminal results or child abuse and neglect history results that are unknown to the CBC agency, one (1) member of the committee shall be a Department staff person, preferably with adoption expertise, who has knowledge of the applicant’s national and state criminal history and child abuse and neglect history. The CBC agency will select a committee member to serve as the committee chair.

(b)(a) The committee will provide consultation and assistance to the adoption counselor on any child-specific adoptive home study in which the counselor and supervisor are recommending denial, or adoption case situations which present challenging issues. Requests for committee review may be made by the adoption counselor, the Department or the CBC agency. Requests for committee review must be made in writing and forwarded to the CBC agency. While the committee is available to review any challenging case, all cases with the following issues whether child-specific or non-child-specific, except as set forth below, must be referred to the committee.

1. through 3. No change.

4. Criminal History. In cases in which the required criminal history checks pursuant to sections 39.0138 and 39.521, F.S., reveal that the applicant(s) or other household members have been convicted of crimes specified in section 39.0138(3) 39.0138(2), F.S., their application must be denied. When the applicant or any other adult household member was named as caregiver responsible in a report verified for sexual abuse, this shall be an automatic disqualifier for an adoption applicant. A referral to the Adoption Applicant Review Committee will not be required. The applicant must be advised that he or she cannot be approved. If the criminal history check reveals that the applicant or other household member was convicted of a law violation listed in section 39.0138(4) 39.0138(3), F.S., within the last five (5) years, the applicant cannot be considered for approval, until five (5) years after the date of conviction. After five (5) years have passed, the applicant shall be referred to the Adoption Applicant Review Committee if the applicant submits a new Adoptive Home Application, CF-FSP 5071, incorporated in rule subsection 65C-16.004(6), F.A.C.

5. Cases in which the applicant is a current or former foster parent and the review of the foster parent file reveals that there have been care and supervision concerns or a violation of licensing standards.

(c)(b) The review committee chairperson will convene the committee within 15 30 days of receipt of the request and provide all necessary written documents to the committee members prior to the committee convening. A written recommendation will be submitted to the regional Family Safety Program Office and the CBC agency within 10 business days of the committee’s decision. Following input from the regional Family Safety Program Office and the CBC agency, the chairperson will prepare a written report within ten (10) business days summarizing consensus of the committee and the recommendation from regional Family Safety Program Office and the CBC agency. The recommendation to approve the applicant will be submitted to the CBC agency or a designee. The recommendation to deny the applicant will be submitted to the regional managing director or designated Department staff person and the CBC agency or a designee.

(d)(c) The CBC agency will provide the applicant with written notification of the decision to approve within 10 business days of the decision. The regional managing director or designated Department staff person shall provide the applicant with written notification of the decision to deny the application, within 10 business days of the decision. The written notice must include the reason for the denial, and must advise the applicant of his or her option for review of the denial pursuant to chapter 120, F.S.

(e)(d) No change.

Rulemaking Authority 39.012, 63.233 FS. Law Implemented 39.0138, 63.042, 63.092, 63.207 FS. History–New 2-14-84, Formerly 10M-8.05, Amended 4-28-92, 4-19-94, 8-17-94, 1-8-95, 7-18-95, Formerly 10M-8.005, Amended 12-23-97, 8-19-03, 11-30-08, 7-7-16. Amended_____

 

65C-16.007 Abuse Hotline and Registry and Criminal Records Checks.

(1) Abuse and neglect history checks must be conducted on all adoptive applicants and other household members 12 years of age and older, pursuant to sections 39.0138 and 39.521, F.S. The applicants must be informed of this requirement early in the home study process and must provide written consent for the checks to be completed. Abuse and neglect history checks must be current within 30 calendar days of placement of an adoptive child in the home.

(a) When the adoptive applicant or other adult household member has lived in another state within five (5) years of the request for a home study, a child abuse and neglect registry check of the other state must be requested. In states that do not use a centralized intake or state automated child welfare system (CCWIS) (SACWIS), the Florida child welfare professional is required to contact the county administered child protection program to complete the record check. If the other state does not have a local or county child abuse and neglect registry, the counselor must determine whether to approve the applicant based on all other information required by rules 65C-16.002, 65C-16.004, and 65C-16.005, F.A.C.

(b) through (c) No change.

(2) Local, statewide, and national criminal records checks and juvenile records checks must be conducted on all adoptive applicants and other household members 18 years of age and older. Local, statewide, and juvenile records checks must be conducted on all household members 12 through 17 years of age.

(a) If the criminal records checks reveal that the applicant or household member has been convicted of a crime specified in section 39.0138(3) 39.0138(2), F.S., the application must be denied.

(b) If the criminal records checks reveal that the applicant or household member has been convicted of a crime specified in section 39.0138(4)  39.0138(3), F.S., the applicant can not be considered for adoption until five (5) years after the date of conviction. After five (5) years have passed, the applicant shall be referred to the Adoption Applicant Review Committee if the applicant submits a new Adoptive Home Application, CF-FSP 5071, incorporated in rule subsection 65C-16.004(6), F.A.C.

(c) If the criminal records checks reveal that the applicant or household member has been found guilty or entered a plea of guilty or nolo contendere for crimes other than those listed in section 39.0138(3) or (4) 39.0138(2) or (3), F.S., the applicant shall be evaluated as to the extent of his or her rehabilitation. Factors to be considered will include the severity of the action resulting in the record, how much time has elapsed since the offense, circumstances surrounding the incident, and whether records indicate single or repeated offenses. Referral of these applicants to the Adoption Applicant Review Committee is not required but they must be submitted to the appropriate entity in the community-based-care (CBC) agency or designee for approval.

(d) No change.

(3) through (4) No change.

Rulemaking Authority 39.012, 39.0121, 63.233 FS. Law Implemented 39.0138, 39.521(1)(b)1., 39.701, 39.811(8), (9), 63.092(3), 63.125 FS. History–New 5-20-91, Formerly 10M-8.00513, Amended 4-28-92, 4-19-94, 8-17-94, 1-8-95, Formerly 10M-8.0053, Amended 12-23-97, 8-19-03, 11-30-08, 7-7-16. Amended____

 

65C-16.009 Adoption Placement.

(1) The effective date of the adoption placement is the date the child in placed in the physical custody of the adoptive parent or the date the Memorandum of Agreement, CF-FSP 5072, incorporated by reference in paragraph 65C-16.002(2)(c), F.A.C., is signed.

(2) The adoption placement process incorporates the following:

(a) through (b) No change.

(c) All known information must be shared with the approved adoptive parent using the “Disclosure Information to Adoptive Parents” form, CF-FSP 5328, December 2010, incorporated by reference and available at  http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, no later than the point of adoptive placement but can occur at the time of a family being matched to a child.

(d)(c) First supervised meeting shall occur with a family who has an approved home study, or with a family who is known to the child, is in the process of having a home study completed, and has cleared all required background checks. The first visit at minimum must be observed by the assigned adoption case manager.

(e) A transition plan must be developed by the adoption case manager, current caregiver, when appropriate, new caregivers, and all providers who have on-going involvement with the child no later than 14 days prior to transition. The transition plan must respect the child’s developmental stage and psychological needs.

(d) through (f) redesignated as (f) through (h) No change.

(3) through (7) No change.

Rulemaking Authority 39.0121 39.0212, 63.233 FS. Law Implemented 39.521, 63.092 FS. History–New 4-28-92, Formerly 10M-8.0058, Amended 8-19-03, 11-30-08, 7-7-16. Amended____

 

65C-16.010 Adoption Placement – Post-Placement Services.

(1) through (4) No change.

(5) At the end of the supervisory period, the case manager or adoption supervisor and the adoption counselor, or the community-based-care (CBC) agency, must make a final assessment of the placement. Before the final adoption hearing, or within 90 days after the adoption petition is filed with the court by the adoptive family, whichever occurs first, a final home investigation evaluation must be completed as directed in section 63.125, F.S., and a written report on the findings, including a recommendation on the granting of the adoption petition, must be filed with the court. In addition to the requirements of section 63.125, F.S., the following must be addressed in the written report to the court:

(a) through (b) No change.

(6) No change.

Rulemaking Authority 39.0121, 63.233 FS. Law Implemented 39.812, 63.125 FS. History–New 2-14-84, Formerly 10M-8.06, Amended 4-28-92, 4-14-94, 1-8-95, Formerly 10M-8.006, Amended 12-4-97, 8-19-03, 11-30-08, 7-7-16. Amended____

 

65C-16.013 Determination of Maintenance Subsidy Payments.

(1) through (6) No change.

(7) Initial Maintenance Subsidy. The initial determination of the monthly maintenance subsidy shall be based on the needs of the child at the time of the negotiation and the projected long-term future needs of the child based on the family, and medical and mental and behavioral health history of the child and birth family or, for adoptions finalized on or after July 1, 2007, as stated in Section 409.166, F.S. Negotiations for the initial maintenance subsidy shall begin at $417 monthly.

(8) A maintenance subsidy may be negotiated up to 100% of the statewide  Level II – Level V foster care board rate. A subsidy may exceed 100% of the statewide Level II – Level V foster care board rate when an exception is granted by the Department’s regional managing director or designee and documented on the “Maintenance Adoption Subsidy Approval” form CF-FSP 5077, July 2016, incorporated by reference in rule 65C-16.0131, F.A.C. and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07485. Requests for exceptions must be in writing. In determining whether to grant an exception, the regional managing director or designee shall consider the medical, behavioral, and therapeutic needs of the child at the time of the negotiation, as well as the projected long-term future needs of the child based on the family and medical history of the child and birth family. In no case shall the subsidy exceed the foster care maintenance payment for which the child is or would be eligible if the child had been in placed in a family foster home. Maintenance subsidy is not intended to cover services which can be obtained through family insurance, Medicaid, Children’s Medical Services, medical subsidy, or through special education plans provided by the public school district.

(9) No change.

(10) An initial “Adoption Assistance Agreement” with the approved applicant shall not be executed when a denied adoption applicant has requested a review of the denial pursuant to a Chapter 120, F. S.

(10) through (11) are renumbered (11) through (12) No change.

(13)(12) Adoptive parents may request an increase in the maintenance subsidy after the initial subsidy agreement was approved due to increased needs related to conditions of the child that were identified as current or future needs of the child prior to the adoptive placement or the circumstances of the family have changed in order to meet the increased needs of the child.

(a) The negotiation of this increase shall be based on the Level II -Level V family foster, therapeutic foster or medical foster home board rate at the time of the request. Requests for increases must be provided in writing by the adoptive parents and approval shall be based on the merit of each case.

(b) through (c) No change.

(14)(13) No change.

(15)(14) Any child who has been determined eligible for adoption subsidy whose adoption has been dissolved by termination of parental rights or by the death of the adoptive parents must continue to meet the definition of special needs in the subsequent adoption in order to be eligible for adoption assistance. will retain his or her original subsidy eligibility if subsequently placed for adoption.

(16)(15) No change.

Rulemaking Authority 409.166(8) FS. Law Implemented 409.166(4) FS. History–New 2-14-84, Formerly 10M-8.20, Amended 5-20-91, 4-19-94, Formerly 10M-8.020, Amended 12-23-97, 8-19-03, 11-30-08, 7-7-16, 10-30-16, 12-18-16, 9-25-17, 2-5-18, 12-16-18. Amended______

 

65C-16.0131 Determination of Extension of Maintenance Subsidy Payments.

(1) through (6) No change.

(7) An Extension of Maintenance Adoption Subsidy may be negotiated up to 100% of the statewide Level II -Level V foster care board rate. A subsidy may exceed 100% of the statewide Level II -Level V foster care board rate only when an exception is granted by the Department’s regional managing director or designee and documented on the “Maintenance Adoption Subsidy Approval” form CF-FSP 5077, August 2018, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10102. Requests for exceptions must be in writing. In determining whether to grant an exception, the regional managing director or designee shall consider the medical, behavioral, and therapeutic needs of the young adult at the time of the negotiation, as well as the projected long-term future needs of the young adult based on the mental health, substance use and/or misuse, and medical history of the young adult and birth family. In no case shall the subsidy exceed the foster care maintenance payment for which the young adult is or would be eligible if the young adult had been placed in a Level II -Level V family foster home. The Extension of Maintenance Adoption Subsidy is not intended to cover services which can be obtained through family insurance, Medicaid, Children’s Medical Services, medical subsidy, or through special education plans provided by the public school district.

(8) through (12) No change.

(13) Adoptive parents may request an increase in the maintenance adoption subsidy after the Extension of Maintenance Adoption Assistance Agreement was approved due to increased needs of the young adult or a change in the family’s ability to meet the needs of the young adult.

(a) The negotiation of this increase shall be based on the Level II -Level V family foster, therapeutic foster, or medical foster home board rate at the time of the request. Requests for increases must be submitted in writing by the adoptive parents to the CBC that issues the subsidy payment and approval shall be based on the merit of each case.

(b) through (c) No change.

(d) If the young adult is no longer participating in one of the qualified activities pursuant to subparagraphs 409.166(4)(a)-(d), F.S., the designated Department staff shall send a denial letter with notification of the adoptive parents’ right to appeal the denial pursuant to chapter 120, F.S.

(14) No change.

Rulemaking Authority 409.166(8) FS. Law Implemented 409.166(4) FS. History–New 12-16-18. Amended_____

 

65C-16.014 Post Adoption Services.

(1) The adoption case manager will provide information, in writing, to the birth and adoptive parents informing them of their rights to consent to the release of adoption records pursuant to sections 63.162 and 63.165, F.S., within 30 days of adoption finalization.

(2) After finalization, the adoptive family may require temporary case management support, information and referral assistance and related post adoption services. Each community-based-care (CBC) agency shall provide post adoption services that include the following:

(a) through (c) No change.

(3)(2) The need for medical assistance, formerly known as medical subsidy, must be established prior to the adoption placement, although the service might not actually be needed until a later date. Medical assistance is established to cover short-term medical or mental health needs of the child that are not covered through Medicaid, Children’s Medical Services, or Children’s Mental Health Services. The type of service and estimated cost must be documented on the signed initial Adoption Assistance Agreement prior to adoption finalization and approved by the designated Department staff, pursuant to the conditions set forth in subsection 409.166(4), F.S. When this need is not established prior to the placement and the adoptive parents feel they have been wrongly denied a service on behalf of an adopted child, they have the right to to appeal the denial pursuant to Chapter 120, F.S. If it is found the service was wrongfully denied, the effective date of the service will be the date the family officially requested the service. Retroactive payment dating back to the date of placement will not be approved.

(3) through (6) are renumbered (4) through (7) No change.

Rulemaking Authority 409.166(8) FS. Law Implemented 409.166 FS. History–New 2-14-84, Formerly 10M-8.21, 10M-8.021, Amended 12-23-97, 8-19-03, 11-30-08, 7-7-16, 1-22-18. Amended_____

 

65C-16.016 Access to Closed Adoption Records.

(1) The confidentiality of adoption records, original birth records, and adoption court files is protected by sealing them upon adoption finalization. Persons seeking information from those records will be referred to the Office of Child Welfare, Florida Adoption Reunion Registry for assistance.

(a) No change.

(b) Identifying information

1. Identifying information shall only be released pursuant to sections 63.162 and 63.165, F.S. a court order.

2. No change.

(2) through (6) No change.

Rulemaking Authority 63.233 FS. Law Implemented 39.00145(1), (2), 63.162(2)-(4), (6) FS. History–New 5-20-91, Amended 4-28-92, 4-19-94, Formerly 10M-8.024, Amended 8-19-03, 11-30-08, 7-7-16.Amended___

 

65C-16.017 Florida Adoption Reunion Registry.

(1)    No change.

(2) Any person may register by completing and submitting the “Application for Adoption Registry Services,” CF 1490, (insert date) January 2017, hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX08061, indicating to whom they consent to release identifying information about themselves.

(3) through (5) No change.

(6) Updating of Registry Information.

(a) Any registrant may change the name, address or telephone number associated with their registration, may limit or restrict their consent to release information, or may completely withdraw from the registry at any time using the “Application for Adoption Registry Services to Update Information on File with Adoption Registry,” CF 1490. 1491, January 2017, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-08062. A copy of the form is also available upon request by contacting the Adoption Information Center.

(b) No change.

(7) No change.

Rulemaking Authority 63.233 FS. Law Implemented 63.165 FS. History–New 8-19-03, Amended 11-30-08, 7-7-16, 4-20-17, 7-20-17. Amended_____

 

65C-16.019 Intervention in Dependency Cases.

(1) through (3) No change.

(4) The Department shall evaluate the intervention preliminary home study of the adoption entity’s prospective adoptive parent and any other relevant information available to the Department to determine whether the placement will be in the child’s best interest using the “Intervention Best Interest Checklist” form, CF-FSP xxx, (insert date), incorporated and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, based on the following factors:

(a) Each parent’s compliance with the case plan at the time of consent;

(b) Any concerns about the parent’s reason for executing the consent;

(c) Any reservations about the mental capacity of the parent who executed the consent;

(d) The status of notification of relatives that adoption is the new permanency goal;

(e) The status of notification of the adoptive parents of siblings that adoption is the new permanency goal;

(f) The quality and length of the child’s relationship with the child’s current caregiver;

(g) The quality and length of the child’s relationship with any prospective adoptive parents;

(h) The current placement and status of other siblings;

(i) The wishes of the child, if the child is of the appropriate age and maturity to express a preference;

(j) The length of time the child has been in his or her current placement;

(k) All special needs of the child, including the child’s physical health, mental health, educational needs, and attachment concerns;

(l) The Department or community-based care agency (CBC) shall check the child abuse and neglect registries of all states where the prospective adoptive parents and other adults living in the prospective adoptive home resided in the previous five (5) years.

(5) The Intervention Best Interest Checklist must be uploaded into FSFN and shared with Children’s Legal Services within 48 hours of completion by the adoption case manager.

(5) through (17) are renumbered (6) through (18) No change.

Rulemaking Authority 63.233 FS. Law Implemented 63.082(6), 63.092 FS. History‒New 7-7-16. Amended_____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Valerie Proctor

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