Definitions, Adoptive Family Selection, Evaluation of Applicants, Abuse Hotline and Registry and Criminal Records Checks, Dispute Resolutions and Appeals, Types of Adoption Assistance, Determination of Maintenance Subsidy Payments, Non-Recurring ...
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Family Safety and Preservation ProgramRULE NO: RULE TITLE
65C-16.001: Definitions
65C-16.002: Adoptive Family Selection
65C-16.005: Evaluation of Applicants
65C-16.007: Abuse Hotline and Registry and Criminal Records Checks
65C-16.008: Dispute Resolutions and Appeals
65C-16.012: Types of Adoption Assistance
65C-16.013: Determination of Maintenance Subsidy Payments
65C-16.015: Non-Recurring Adoption Expenses
65C-16.017: Florida Adoption Reunion Registry
65C-16.018: Adoption Benefits for Qualifying Employees of State AgenciesNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34, No. 23, June 6, 2008 issue of the Florida Administrative Weekly.
65C-16.001 Definitions.
(5) “Adoption Exchange” means a mechanism for linking adoptive family resources with children needing adoption placement. The Exchange serves all the appropriate department and community based care staff, and the staff of licensed child placing agencies in Florida.
(19) “Interstate Compact on the Placement of Children” means an agreement among states, enacted into law in all 50 states, the District of Columbia and the Virgin Islands, which governs the interstate movement of children. It establishes orderly procedures for the interstate adoptive or out of home placement of children, including post-placement supervision.
(30) “Single Point of Access” means the designated staff person or Alcohol, Drug Abuse and Mental Health staff person or the authorized agent designated by the department within a geographical area who is identified as the point of contact to assist the case management or adoption counselor in accessing mental health assessments and other mental health services for children adopted from foster care or in the care and custody of the department or the appropriate entity within the community based care agency.
65C-16.002 Adoptive Family Selection.
(4)(c) The decision to separate siblings must be approved in writing and documented in the statewide automated system by the appropriate community based care or sub-contractor staff charged with this responsibility. The appropriate community based care or sub-contractor staff will prepare a memorandum directed to a designated community based care or sub-contractor staff describing efforts made to keep the siblings together and an assessment of the short term and long range effects of separation on the children. The memorandum must also include a description of the plan for future contact between the children if separation is approved. The plan must be one to which each adoptive parent and caretaker can commit.
65C-16.005 Evaluation of Applicants.
(3)(m) Affidavit of Good Moral Character. All adoptive parent applicants must complete an affidavit of good moral character (Form CF-1649, Affidavit of Good Moral Character), hereby incorporated by reference, attesting to their own good moral character. A copy of the form is available upon request by contacting the Office of Family Safety, at 1317 Winewood Blvd., Tallahassee, FL. Foster parents who are adopting a foster child in their home and who have completed this affidavit as a part of their licensing requirements need not complete it again;
(o) Use of References. A minimum of five written references will be required. At least two of the references will be non-relatives. References must be obtained from persons who either: 1) have had the opportunity to observe the applicants in situations that may give some indication for their capacity for parenthood, or 2) who as a result of their relationship to the applicant, possess or should possess documentation or who would have documented knowledge of deviant behavior or immoral character. References should be obtained from employers of applicants and from schools or day care providers who have had an opportunity to know the family.
(9) Adoption Review Committee. Each community based care provider responsible for providing adoption services for children in the department’s custody must establish an Adoption Review Committee. The committee will consist of at least three (3) persons. When the request for committee review is a possible 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 community based care provider, one member of the committee shall be a department staff person, preferably with adoption expertise. The community based care agency will select a committee member to serve as the committee chair.
(a) The committee will provide consultation and assistance to the adoption counselor on any 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, an appropriate entity within the Department or the appropriate entities with the community based care provider. Requests for committee review will be made in writing and forwarded to the appropriate entity in the community based care agency. While the committee is available to review any challenging case, cases with the following issues, except as set forth below, must be referred to the committee.
1. Health. Cases in which it is determined that the adoptive applicant is experiencing a serious or chronic medical condition and such condition predictably compromises or could compromise the applicant’s ability to provide the physical, emotional, social and economic support necessary for the child to thrive.
2. Abuse History. Cases in which the Abuse Hotline clearance reveals verified findings of abuse, neglect, or abandonment which did not result in a disqualifying felony conviction, and cases in which there were some indicators of abuse or neglect.
3. Criminal History. In cases in which the required criminal history checks pursuant to Sections 39.0138 and 39.521, F.S., the applicable Florida Statutes reveal that the applicant(s) have been convicted of crimes specified in Section 39.0138(2), F.S., their application must be denied. A referral to the adoptive 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 was convicted of a law violation listed in Section 39.0138(3), F.S., the applicable Florida Statutes, within the last five years, the applicant cannot be considered for approval, until five years after the violation was committed. These applicants must be referred to the committee.
4. 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.
5. With the exception of those applicants convicted of a crime specified in Section 39.0138, F.S., the applicable Florida Statutes, counselors must seek the assistance of the committee prior to a decision to deny an applicant.
65C-16.007 Abuse Hotline and Registry and Criminal Records Checks.
(1)(a) The counselor completing the home study must submit to the background screening coordinator, sufficient information to conduct a search of the Florida Abuse Hotline Information System. Pursuant to Sections 39.0138 and 39.521, F.S., Abuse Hotline record checks must also be conducted on all other household members who are 12 years of age or older. When the adoptive applicant or other adult household member has lived in another State within five years of the request for a home study, a child abuse and neglect registry check of the other State must be completed. If the other State does not have a child abuse and neglect registry or has been approved by the Administration for Children and Families for a delayed effective date, a local or county child abuse and neglect registry check must be completed. 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 all other information required by Rules 65C-16.002, 65C-16.004, and 65C-16.005, F.A.C. If the other State has been approved by the Administration for Children and Families for a delayed effective date or the State does not maintain a registry, the counselor must determine whether to approve the applicant in the absence of the information.
(2) Pursuant to Sections 39.0138 and 39.521, F.S., cCriminal background checks through local, state and federal law enforcement agencies will be conducted on all persons age 12 18 or older residing in the prospective adoptive home. For applicants who have been foster parents or who have adopted in other states, local and state checks must be completed in the state of previous residence. Should the background checks reveal that the applicant has been convicted of a crime specified in Section 39.0138(2), F.S., the applicable Florida Statutes, the application must be denied. Juvenile delinquency checks through the Florida Department of Law Enforcement must be conducted on all household members twelve through seventeen years of age as a public record search. If this check reveals a Juvenile Justice record, this information must be addressed in the home study and a determination must be made regarding possible impact on the adopted child.
(4) Applicants who have been convicted of any crime specified under Section 39.0138(3), F.S., in the applicable Florida Statutes, within the last five years cannot be considered for approval until five years after the violation was committed. At that time these applicants must also be referred to the adoption review committee. Applicants who have been found guilty or entered a plea of guilty or nolo contendere for crimes not listed in Section 39.0138(3), F.S., the applicable Florida Statutes shall be carefully evaluated as to the extent of their 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 review committee is not required but they must be submitted to the appropriate entity in the community based care agency or designee for approval.
(5)(d) If an investigation of an abuse, neglect or abandonment report by protective investigations reveals that the subject of the report is an adoptive parent whose adoption has not been finalized, the case manager or adoption counselor must be notified immediately and must assume responsibilities in the investigation as outlined above. The child should be removed from the adoptive home if he or she meets the criteria for removal pursuant to Sections 39.301 and 39.401, F.S. the applicable Florida Statute.
65C-16.008 Dispute Resolutions and Appeals.
(1) When an adoptive applicant or parent is denied a service or an adoptive home study by the department, or by a community based agency acting for the department, efforts should be made to settle the dispute at the counselor/supervisor level. If this attempt is unsuccessful, the Adoption Review Committee will could be convened as outlined in subsection 65C-16.005(9), F.A.C. If this review results in a decision that supports the original decision, the applicant or parent must be told of that decision in writing by the circuit administrator or designated department staff person and advised of their judicial option for review of the denial as described in the Administrative Procedures Act, Section 120.68, F.S., and of their right to a hearing pursuant to Section 120.57, F.S. A copy of the written notification of the results of the hearing must be provided to the appropriate department and community based care staff.
65C-16.012 Types of Adoption Assistance.
(3) Post Adoption Services. In addition to temporary case management and information and referral requests, post adoption services include assistance to cover the cost of medical, surgical, hospital and related services needed as a result of a physical or mental condition of the child which existed or was known as a potential risk factor prior to the adoption may be subsidized. The need or potential need for medical services for a condition recognized prior to adoption must be established and authorized prior to the placement for adoption, although the service might not be delivered until some time after finalization of the adoption.
65C-16.013 Determination of Maintenance Subsidy Payments.
(9) The adoption assistance agreement (CF FSP 5071, Adoption Assistance Agreement), hereby incorporated by reference, must be signed and dated by all parties prior to the finalization of the adoption. A copy of the form is available upon request by contacting the Office of Family Safety, at 1317 Winewood Blvd., Tallahassee, FL. The effective date of the agreement is the date of placement in the adoptive home, or in the case of adoption by the current caregiver, on the date the memorandum of agreement to adopt is signed. Payments may not be made for any months in which there is no adoption assistance agreement in place.
65C-16.015 Non-Recurring Adoption Expenses.
(1) Under any adoption assistance agreement with adoptive parents of a special needs child, the state is authorized required to make payments to the adoptive parents for non-recurring, one time, expenses the adoptive parents have incurred in connection with adoption of the special needs child. Nonrecurring adoption expenses are those reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal adoption of the special needs child. Such costs may include expenditures for physical and psychological examinations of the adoptive parents if required as a part of the adoption process as well as transportation, lodging and food for the child or adoptive parents when necessary to complete the placement or adoption process.
65C-16.017 Florida Adoption Reunion Registry.
(3)(a) Any person may register by completing and submitting the application for registry services (Form CF 1490, Application for Registry Services), hereby incorporated by reference, indicating to whom they consent to release identifying information about themselves. A copy of the form is available upon request by contacting the Office of Family Safety, at 1317 Winewood Blvd., Tallahassee, FL.
(6)(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 Form CF 1491, Application to Update Information on File with Adoption Registry, hereby incorporated by reference. A copy of the form is available upon request by contacting the Office of Family Safety, at 1317 Winewood Blvd., Tallahassee, FL.
65C-16.018 Adoption Benefits for Qualifying Employees of State Agencies.
(1) Adoption benefits are available to employees of the state as outlined below:
(1)(a) Payment of benefits is contingent on funding.
(2)(b) Benefits are available only for adoptions that become final on or after October 1 September 30, 2000.
(3)(c) Benefits are available only for a child who is under the age of eighteen at the time of adoptive placement or the final order of adoption.
(4)(d) Benefits are available only to qualifying adoptive employees as defined in Section 409.1663(c), F.S., and who adopt a special needs child as specified in Section 409.166, F.S. or a non-special needs child whose permanent custody was awarded to the department or a licensed child-placing agency.
(5)(e) Benefits paid to a part-time qualifying employee shall be prorated based on the employee’s full-time equivalency status at the time of application for the benefits.
(6)(f) A qualifying adoptive employee who adopts more than one child is eligible for benefits for each child.
(7)(f) Benefits are limited to one award per child regardless of the number of adoptive parents or employee’s change of employer.
(8)(g) The benefit is a non-qualified plan under Section 125 of the Internal Revenue Code, subject to withholding taxes.
(9)(h) The Department shall hold an annual open enrollment period for submission of applications between the first business day of August and the last business day of October. To apply for this benefit, the applicant shall fully complete and submit the State of Florida Application for Adoption Benefit Form, which is hereby incorporated by reference, and is available online at http://www.dcf.state.fl.us/adoption/adoptbenefitsprogram.shtml.
(a)1. To complete Part II of the application, the applicant shall apply to his or her agency head, who, upon completion, shall return the original application to the applicant. The applicant is responsible for obtaining all certifications and supporting documentation necessary to complete the application. The applicant shall submit the original application and required documentation to the Department before the close of the annual open enrollment period. The Department shall return any application received outside the open enrollment period.
(b)2. For multiple adoptions, the applicant shall submit a separate application for each child. If the final order of adoption lists all children, the applicant may submit one certified copy of the final order.
(10)(i) The Department shall review all timely applications and determine who is eligible to receive the benefit. If funding is insufficient to pay the benefit to all eligible applicants, those with earlier final orders of adoption shall have priority. If final orders of adoption bear the same date, earlier received applications shall have priority. Eligible applicants who do not receive a benefit due to lack of funds shall submit a new application during the next annual open enrollment period, if they desire consideration for payment of the benefit from later appropriations.
