The Department intends to amend rule 65C-15.028, F.A.C., Adoptive Home Study, to (1) Clarify private adoption agency exclusions regarding adoptive home studies; and (2) Require private adoption agencies to provide certain materials to the Department....

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-15.028Adoptive Home Study

PURPOSE AND EFFECT: The Department intends to amend rule 65C-15.028, F.A.C., Adoptive Home Study, to (1) Clarify private adoption agency exclusions regarding adoptive home studies; and (2) Require private adoption agencies to provide certain materials to the Department. Section 409.175, F.S., requires the Department to adopt and amend licensing rules for child-placing agencies.

SUMMARY: The amendments (1) Exclude private adoption agencies from conducting adoptive home studies in accordance with Rule 65C-16.005, F.A.C.; and (2) Require private adoption agencies to provide the Department with documentation of educational materials provided by the agency to the adoptive parents.

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, 63.233, 409.175, FS.

LAW IMPLEMENTED: 39.0138, 63.042, 63.092, 63.207, 409.175, 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-15.028 Adoption Adoptive Home Study.

(1) All child-placing agencies, excluding private adoption agencies, The agency shall conduct adoption an adoptive home studies study in accordance with Rules 65C-16.002 and 65C-16.005, F.A.C.

(2) All private adoption agencies shall provide the Department copies of the educational materials provided by the agency to the adoptive parents in accordance with subparagraph 63.902(3)(e), Florida Statues, prior to the initial licensure or re-licensure.

Rulemaking Authority 39.012, 63.233, 409.175 FS. Law Implemented 39.0138, 63.042, 63.092, 63.207, 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.042, Amended 11-14-16, _____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Valerie Proctor

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 9, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 13, 2018