The Department intends to amend Rule Chapter 65C-43, F.A.C., to (1) add data that must be reported to the Department’s Human Trafficking Unit; (2) remove criteria for certification of safe foster homes; (3) incorporate a required form; and (4) ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-43.001Initial Screening Instrument

65C-43.002Reporting

65C-43.003Criteria for Certification of Safe Houses

65C-43.0035Record Keeping for Children in Safe Houses

65C-43.004Training for Foster Parents of Safe Foster Homes and Staff of Safe Houses

65C-43.005Specialized Training in Serving Human Trafficking Victims

PURPOSE AND EFFECT: The Department intends to amend Rule Chapter 65C-43, F.A.C., to (1) add data that must be reported to the Department’s Human Trafficking Unit; (2) remove criteria for certification of safe foster homes; (3) incorporate a required form; and (4) clarify that certain specialized training must be live. In addition, the Department intends to create a new rule regarding record keeping.

SUMMARY: The amendments accomplish the following: (1) Expand the use of the Human Trafficking Screening Tool to include children and young adults who have been labor trafficked and young adults who are in extended foster care or who are receiving other independent living services; (2) Add required information that must be reported to the Department; (3) Remove the criteria for certification of safe foster homes; (4) Update the “Screening, Placement and Services Checklist for Sexually Exploited Children and Young Adults;” and (5) Require the specialized training for servicing human trafficking victims to be live training.

Additionally, Rule 65C-43.0035, F.A.C., Record Keeping for Children in Safe Home, is created.

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: 39.524(3)(a), 409.1678(2)(c)7., (2)(e), 409.1754(1)(c), FS.

LAW IMPLEMENTED: 39.524, 409.1678, 409.1754, (3)(a)1., 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-43.001 Initial Screening Instrument.

(1) Any child or young adult suspected of being commercially sexually exploited or labor trafficked shall be assessed using the “Human Trafficking Screening Tool Administration Guide (HTST),” CF-FSP 5406, February 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06228. For the purpose of this Rule Chapter, aA young adult is defined as someone who has reached 18 years of age but is not yet 23 years of age and who is in extended foster care or who is receiving other independent living services. In addition, any child or young adult who meets the criteria aAs defined in the list of indicators in the HTST, shall the following children or young adults must be assessed using the HTST.:

(a) Children or young adults with a history of running away;

(b) Children or young adults with a history of sexual abuse;

(c) Children or young adults with a history of prostitution or a current arrest on a charge of prostitution;

(d) Children or young adults who acknowledge being trafficked; and,

(e) Children or young adults for whom there is a report of sexual exploitation.

(2) No change.

(3) The HTST shall be initiated within 24 hours of identifying one or more of the indicators listed in the HTST. conditions set forth in subsections (1)(a)-(e) of this rule. For a child or young adult whose whereabouts are unknown, the HTST shall be initiated within 24 hours of the debriefing of a recovered child or young adult if the debriefing results in indicators of human trafficking as listed in the HTST. outlined in subsection (1) of this rule.

(4) If the HTST was previously administered by the Department of Juvenile Justice or one of the shared agencies as listed in the HTST, incorporated in subsection (1) of this rule, the results of the HTST shall be used in determining the most appropriate placement for the child or young adult.

Rulemaking Authority 409.1754(1)(c) FS. Law Implemented 409.1754 FS. History–New 1-12-16. Amended_____.

 

65C-43.002 Reporting.

Each lead agency and regional Department of Children and Families, Family Safety Office shall provide the following information about children and young adults the lead agency serves to the Department’s Office of Child Welfare’s Human Trafficking Unit Welfare on a monthly basis:

(1) No change.

(2) The total number of children and young adults determined to be victims of commercial sexual exploitation;

(3) The total number of children and young adults assessed for placement in a safe foster home or safe house;

(4) The total number of children and young adults who were referred to specialized non-residential services in the community to address their needs as a victim of commercial sexual exploitation;

(3) through (4) are renumbered (5) through (6) No change.

(7)(5) The total number of children and young adults who were not placed in a safe foster home or safe house due to lack of funding or funding eligibility; and,

(8) The total number of children and young adults who were not placed in a safe foster home or safe house due to lack of recommendation;

(9) The total number of children and young adults who were not placed due to a runaway episode;

(10) The total number of children and young adults who were referred to a safe foster home or safe house who were not placed due to their choice not to go;

(11)(6) Specifically for each child and young adult:;

(a) Date the Human Trafficking Screening Tool was administered;

(b) The name and working title of the person who administered the screening tool;

(b) The outcome of the screening;

(c) Date the multidisciplinary team staffing was completed;

(d) Child protective investigation findings for the current commercially sexually exploited child (CSEC) investigation;

(e) Date the safe foster home/safe house assessment was completed;

(f)(c) The placement that resulted from the screening, including whether a safe foster home or safe house placement was made;. If a safe foster home or safe house placement was not made, an explanation of why it was not made must be provided;

(g) Referrals to any specialized services and the type, date, and outcome of those referrals; and

(h) Whether or not the community-based care agency accrued costs for specialized services.

(d) The number of placement disruptions;

(e) The specialized services provided; and,

(f) The cost of placement.

(12)(7) The information specifically for each child and young adult required in subsection (11)(6) of this rule shall be captured utilizing Part 1 of the “Screening, Placement and Services Checklist for Sexually Exploited Children and Young Adults,” CF-FSP 5413, May 2019 September 2017, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX 10218. The information required in subsections (1) through (10)(5) of this rule shall be captured utilizing Part 2 of the “Screening, Placement and Services Checklist for Sexually Exploited Children and Young Adults.”

Rulemaking Authority 39.524(3)(a) 409.1754(1)(c) FS. Law Implemented 39.524 409.1754 FS. History–New 1-12-16. Amended 1-24-19,_______.

 

65C-43.003 Criteria for Certification of Safe Houses.

(1) Certification of Safe Foster Homes.

(a) Certification Standards. The child-placing agency must submit a letter of recommendation to the Regional Licensing Authority that the licensed foster home be certified as a safe foster home. The letter of recommendation must be accompanied by the following:

              1. An “Application for Certification as a Safe Foster Home or Safe House,” CF-FSP 5403, February 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06225,

2. A copy of the applicant’s current foster home license and the applicant’s licensing history, placement capacity and gender to be served,

3. A signed “Prudent Parenting Partnership Plan for Sexually Exploited Children or Young Adults,” CF-FSP 5404, February 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06226,

4. A description of child-caring arrangements and sleeping arrangements,

5. Documentation of completed pre-service training, including specialized training in sexual exploitation, pursuant to subsections 65C-43.004(1)-(2), F.A.C., and continuing educational training hours, if applicable; and,

6. Documentation of compliance with the requirements set forth in sections 409.1678(2)(c)-(d), F.S.

(b) Records. The community-based care or child-placing agency that recommended certification shall maintain in the statewide automated child welfare information system, the Florida Safe Families Network (FSFN), the following for each child placed in a safe foster home or safe house:

1. Demographic information on the child or young adult,

2. The child or young adult’s placement history,

3. Legal documents, such as the Dependency Shelter Order, Predisposition Study, case plan, and Judicial Review Social Study Report (JRSSR), if applicable,

4. The child or young adult’s medical and social history,

5. The child or young adult’s behavior management plan that assesses safety,

6. The child or young adult’s psychological, psychiatric and behavioral history,

7. A service plan that outlines the child or young adult’s services and progress,

8. The child or young adult’s educational history, including school reports, report cards and educational plan,

9. A recreational plan, specific to the child or young adult,

10. A record of independent living activities and trainings that the child or young adult was referred to and/or participated in,

11. A “Services Plan for Sexually Exploited Children and Young Adults,” CF-FSP 5405, April 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06227, and progress reports; and,

12. The discharge summary.

(c) Security. Each safe foster home shall establish and maintain a security design that promotes ongoing supervision for the oversight of youth or young adults placed in the home as prescribed in sections 409.1678(2)(c)5., 6., F.S.

(2) Approval Process for Certification of Safe Foster Homes.

(a) Upon receipt of a safe foster home certification application, the Regional Licensing Authority shall request from the CBC any supporting documentation that is needed within 10 business days of receipt of the recommendation.

(b) The CBC shall have 30 business days to provide the supporting documentation to the Regional Licensing Authority. If no additional information is provided, or if it is provided after 30 business days, the certification application shall be denied.

(c) The Regional Licensing Authority shall have 90 days following receipt of a certification application packet to approve or deny the application.

(d) If the application for certification is denied, the Regional Licensing Authority shall, within 10 business days of the denial decision, send the foster home applicant a letter specifying the certification standards that were not met.

(e) If the application for certification is approved, the Regional Licensing Authority shall amend the license to include language that the foster home is certified as a safe foster home.

(1)(3) Certification of Safe Houses.

(a) Certification Standards. The child-placing agency must submit the following to the Regional Licensing Authority must collect the following from the prospective safe house provider to include in the licensing file:

1. An “Application for Certification as a Safe Foster Home or Safe House,” CF-FSP 5403, February 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06225 in subparagraph (1)(a)1., of this rule.

2. A copy of the group home’s current license and summary of the group home’s licensing history and placement capacity.

3. A program description outlining the population, gender, and geographical area served by the safe house, and admission and discharge criteria for the safe house.

4. A signed “Prudent Parenting Partnership Plan for Sexually Exploited Children or Young Adults,” CF-FSP 5404, February 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06226;

5. Documentation of compliance with the requirements applicable to safe houses set forth in paragraphs 409.1678(2)(c)-(d), F.S.

4. through 7. are renumbered 6. through 9. No change.

108. The group home shall provide documentation of the following services:

a. Plan for victim-witness counseling;,

b. Family counseling;,

c. Behavioral health care;,

d. Ttreatment, and intervention for sexual assault;,

ed. Substance abuse screening and treatment, if applicable;,

fe. Life skills and workforce training;,

g. Education tailored to the needs of the child or young adult;

hf. Survivor mentoring support by a survivor of commercial sexual exploitation; and,

i. Planning services for the successful transition of the child or young adult back to the community; and

jg. Activities schedule.

119. A copy of the admission plan.

a. The admission plan shall identify any exclusionary criteria.  This must include criteria for requests for change of placement and early or unsuccessful discharge.

b. The admission plan shall outline the intake and discharge procedures and require the completion of an ongoing treatment plan that addresses the individualized needs of the “Services Plan for Sexually Exploited Children and Young Adults,” incorporated by reference in subparagraph (1)(b)11. of this rule, for each child or young adult.

1210. Documentation of pre-service, including specialized training in commercial sexual exploitation, pursuant to subsections 65C-43.004(1)-(2), F.A.C., and continuing educational training hours, if applicable for all staff.

(b) Prior to approval, the Regional Licensing Authority shall review policies and procedures for all services and security plans to ensure they meet minimum standards as set forth in paragraphs section 409.1678(2)(c)-(d), F.S., including an emergency response plan with local law enforcement agencies.

(c) Changes made to any policies and procedures shall be submitted to the Regional Licensing Authority within 10 business days of the proposed change. Changes shall be reviewed prior to implementation to ensure they meet minimum standards as set forth in subsection section 409.1678(2), F.S.

(d) The child-caring agency shall include the “Services Plan for Sexually Exploited Children and Young Adults,” incorporated by reference in subparagraph (1)(b)11. of this rule, in the child or young adult’s case file.

(2)(4) No change.

Rulemaking Authority 409.1678(2)(c)7., (2)(e) FS. Law Implemented 409.1678 FS. History–New 1-12-16. Amended_____.

 

65C-43.0035 Record Keeping for Children in Safe Houses.

The community-based care agency that has primary responsibility for the child shall maintain in the Florida Safe Families Network (FSFN), the following for each child placed in a safe house:

(1) Demographic information on the child or young adult;

(2) The child or young adult’s placement history;

(3) Legal documents, such as the Dependency Shelter Order, Predisposition Study, case plan, and Judicial Review Social Study Report (JRSSR), if applicable;

(4) The child or young adult’s medical and social history;

(5) The child or young adult’s behavior management plan that assesses safety;

(6) The child or young adult’s psychological, psychiatric, and behavioral history;

(7) A treatment plan, as referenced in rule 65C-43.003(1)(a)11.b., F.A.C., that outlines the plan to address the child or young adult’s individualized needs;

(8) The child or young adult’s educational history, including school reports, report cards, and educational plan;

(9) A recreational plan, specific to the child or young adult;

(10) A record of independent living activities and trainings that the child or young adult was referred to and/or participated in;

(11) A recent photograph of the child or young adult; and

(12) The discharge summary.

Rulemaking Authority 409.1678(2)(e) FS. Law Implemented 409.1678 FS. History–New

 

65C-43.004 Training for Foster Parents of Safe Foster Homes and Staff of Safe Houses.

(1) Foster parents and direct care staff of residential child-caring agencies must have completed all pre-service training, as prescribed in Section 409.145(2)(e), F.S., and Rule 65C-45.002 13.024, F.A.C., prior to the submission of the application to become a safe foster home or safe house.

(2) Foster parents and direct care staff must complete 24 hours of specialized training in commercial sexual exploitation prior to receiving certification to care for commercially sexually exploited children and young adults.

(3) Specialized intensive curriculum about commercially sexually exploited children must be approved by the Department. In determining whether a curriculum will be approved, the Department will consider whether the curriculum addresses the subjects specified in subsection (4) of this rule and whether the instructor has met the following preferred criteria:

(a) through (b) No change.

(c) Has specialized knowledge in commercial sexual exploitation and child welfare.

(d) No change.

(4) The specialized intensive training on commercially sexually exploited children shall include:

(a) through (m) No change.

(5) Once certified, foster parents of safe foster homes and direct care staff of safe houses must complete eight (8) hours of continuing education annually focused on commercial sexual exploitation.

Rulemaking Authority 409.1678(2)(e) FS. Law Implemented 409.1678 FS. History–New 1-12-16. Amended____.

 

65C-43.005 Specialized Training in Serving Human Trafficking Victims.

(1) Child protective investigators and case managers, and their supervisors, must receive a minimum of six (6) hours of specialized training on human trafficking sexual exploitation approved by the Department prior to accepting cases with sexually exploited children or young adult victims of human trafficking. The specialized training in human trafficking sexual exploitation shall be conducted by a Department-approved trainer and consist of:

(a) Three (3) hours of live training pertaining to human trafficking sexual exploitation of children;

(b) One (1) hour of live training pertaining to Legislative language addressing human trafficking, such as Chapter 2014-161, Laws of Florida; and,

(c) Two (2) hours of additional live training on specialized topics related to human trafficking sexual exploitation of children.

(2) Child protective investigators and case managers must each year receive a minimum of one (1) hour of ongoing training per quarter on human trafficking or related topics in order to continue receiving cases with child or young adult victims of human trafficking sexual exploitation of children.

(3) The training curriculum and any revision to the training curriculum must be approved by the Department every three (3) months. Training curriculum will be approved if it meets the requirements of (1)(a)-(c) of this rule.

(4)(3) No change.

Rulemaking Authority 409.1678(2)(e) FS. Law Implemented 409.1754(3)(a)1. 409.1754(2)(a)1. FS. History–New 1-12-16. Amended_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bethany Gilot

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 28, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 9, 2019