The Department intends to amend Rule 65C-30.018, F.A.C, Out-of-County Services, to clarify requirements regarding the transfer of case supervision responsibilities out of the county of jurisdiction.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-30.018Out-of-County Services

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-30.018, F.A.C, Out-of-County Services, to clarify requirements regarding the transfer of case supervision responsibilities out of the county of jurisdiction.

SUMMARY: The amendments accomplish the following: (1) Specify what services can be requested and provided outside of the county of jurisdiction; (2) Require procedures to be developed through a statewide working agreement regarding transfer to services; (3) Establish responsibilities regarding adoption home studies; and (4) Establish a process for dispute resolution.

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(13), FS.

LAW IMPLEMENTED: 39.521, 39.6011, 39.6012, 39.701, 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-30.018 Out-of-County Services.

(1) When children and young adults a child, an intact family or a child and caregiver under supervision or involved in a child protective investigation is to relocate to a county  other than the county of jurisdiction or when supervision services are needed in another county for any and/or their parents or caregivers relocate to a county outside of the county of jurisdiction, out-of-county services will be provided when requested for:

(a) Completing a home study of an other parent, relative, nonrelative, or prospective adoptive family.

(b) Assisting with case supervision of judicial or nonjudicial cases in accordance with Chapters 65C-28, 65C-30, and 65C-35, F.A.C.  The primary case manager will contact the out-of-county case manager every other month, at a minimum, to ensure all Florida Administrative Code requirements are in compliance and collaborate to resolve any barriers. If there is an emergency safety, permanency, or well-being issue that must be addressed, the out-of-county case manager will contact the primary case manager within 48 hours.

(c) Providing and coordinating supervision and/or services to children and young adults receiving Independent Living Services as defined in Rule 65C-30.001(60), F.A.C, to include Postsecondary Education Services and Support (PESS), Extended Foster Care and Aftercare Services.  Service Portability for young adults participating in PESS and Aftercare Services is addressed in section 409.1451(5), F.S.

other case participant, ongoing safety management, supervision and services are required to ensure the safety and well-being of the child and to coordinate the request for supervision and services. Such actions are required whether or not the child has been adjudicated dependent.

(2) Procedures shall be developed through a statewide working agreement that is updated as necessary between the community-based care (CBC) lead agencies regarding the request, timely processing, coordination of any services (including requests for home studies and case supervision), and on-going communication. The statewide agreement must be followed by all agencies.

(3) Home studies of other parents, relatives, or nonrelatives shall be conducted as outlined in rule 65C-28.012, F.A.C. With the exception of adoption home studies, the county completing the home study is responsible for the appoval or denial of the homestudy.

(4) Adoption home studies shall be:

(a) Requested and initiated at the time a petition for termination of parental rights is filed; and

(b) Conducted as outlined in rule 65C-16.005, F.A.C. 

(5) If the receiving county is recommending a denial of the adoption home study, the case will be reviewed by an Adoption Applicant Review Committee (AARC) in the county of jurisdiction, in accordance with subsection 65C-16.005(9), F.A.C. If the county of jurisdiction cannot complete the staffing due to a conflict of interest, a request shall be made, in consultation with the regional managing director or designee, to transfer the staffing to another county. If the AARC determines that the home study should be approved, the home study must be updated in the Florida Safe Families Network (FSFN) by the receiving county, showing the home study as approved based on the recommendation of the AARC.

(6) Supervised Living Arrangements for young adults in Extended Foster Care shall be assessed as outlined in section 39.6251(4), F.S.

(2) If, following the completion of a home study, the court in the sending county orders the child into the placement, the contracted service provider in the sending county shall immediately send a referral for out-of-county supervision to the contracted service provider in the receiving county.

(3) The case manager in the county of jurisdiction has the option of continuing to perform all necessary case supervision activities rather than request services from the contracted service provider in another county if there is a protocol, either statewide or between the contracted providers in the two counties, that allows supervision services in the other county.

(a) As stipulated in the protocol, these activities may include performing a home study and making a placement in the other county, as well as continuing supervision services.

(7)(b) If supervision services will are to be requested following completion of a the initiation of the placement and the home study:

1. tThe receiving contracted service provider shall be provided an opportunity to visit the placement and review the home study prior to a recommendation being made to the court in the sending county. If the sending and receiving counties are not in agreement, the dispute resolution procedures in subsection (9) of this rule will be followed.

2. Once the case manager in the county of jurisdiction begins supervision, he or she shall fully document his or her involvement in FSFN so he or she will be clearly identified should any new reports or future incidents arise.

3. The case manager in the county of jurisdiction shall perform all case management and service provision activities without requiring the involvement with a contracted service provider in the county where the child or family resides.

(b) In order to perform these activities in another county, the following additional requirements shall be met:

1. The contracted service provider shall be licensed as a child-placing agency to provide placement and supervision services in the county where the child or family has relocated; and,

2. The contracted service provider’s contract with the Department shall identify the county where the child or family has relocated as a county where the contracted service provider may provide placement and supervision services.

(4) Procedures shall be developed through a statewide working agreement that is updated annually between the community-based care (CBC) lead agencies regarding the request, processing, approval or denial and coordination of any services required for unsafe children and/or their parents and caregivers, including county-to-county requests for home studies and referrals for out-of-county services.

(8) Once a request has been accepted, communication regarding the case shall be made directly between the contracted service provider service units in the two (2) counties involved.

(9)(5) When disputes arise between the county of jurisdiction and the receiving county and regarding a request for a home study, a referral for out-of-county supervision or any activities related to the activities and duties involved, if the individual contracted service providers or CBC lead agencies cannot reach a resolution, the regional liaison within the region or the liaisons in the two (2) regions involved shall assist in reaching a resolution. When necessary, the CBC lead agency chief executive officers, or their designees, will be consulted in seeking a resolution.  As a last resort, the Regional Family Safety Program Office shall be consulted in reaching a resolution. If necessary, the Family and Community Services Director or designee within the region, or the Family and Community Services Directors or designees in the two (2) regions involved, shall assist in reaching a resolution. If necessary, the Office of Child Welfare at Department Headquarters in Tallahassee shall be consulted in seeking a resolution.

(10)(6) Once a child has relocated or case supervision and/or coordination of services services for the child, young adult, or any other case participant have been accepted by the contracted service provider in the receiving county, the case manager or child welfare professional in the receiving county shall perform all required case supervision and related documentation requirements upon notification of the placement, including providing the provision of information for safety planning, case planning, and judicial reviews review activities to the case manager or child welfare professional in the county of jurisdiction.

(a) The responsibility to perform these duties shall continue until the child’s case is closed, the person receiving services is no longer a case participant, or the child moves and family move from the service area.

(b) The case manager or child welfare professional in the county of jurisdiction shall retain primary responsibility and accountability for the case as long as the case remains open in that jurisdiction.

(7) The final decision regarding whether the recommendation to be made to the court is for or against the placement of the child is to be made by the case manager and his or her supervisor in the receiving county, or by other contracted service provider designated staff in the receiving county, unless the placement is court ordered without an opportunity for the receiving contracted service provider to provide input prior to the placement decision. Once the court in the sending county (county of jurisdiction) has ordered the placement of a child, the contracted service provider in the receiving county shall accept the placement as approved.

(8) Once a  case has been accepted for supervision services, communication regarding the case is made directly between the contracted service provider service units in the two (2) counties involved.

(9) Cases shall not be closed and jurisdiction shall not be transferred to the contracted service provider in the receiving county prior to specified actions being taken:

(a) Prior to recommending case closure to the court or closing a non-judicial supervision case, the case manager in the county of jurisdiction shall inform the case manager in the receiving county of the planned action and ensure that the case manager in the receiving county has an opportunity to comment on the advisability of the planned action.

(b) Cases involving court ordered supervision shall not be terminated without court approval. The case manager in the receiving county shall be provided with a copy of the court’s termination order.

(c) A recommendation to the court to transfer jurisdiction shall not be considered unless the family has reunified in the receiving county, is expected to remain in that county and the contracted service provider in that county agrees to the transfer. In cases under non-judicial supervision, jurisdiction shall not be transferred to the receiving county unless the contracted service provider in the receiving county is in agreement with the transfer.

(d) When a contracted service provider has chosen to perform court ordered supervision services in another county and termination of supervision is being recommended to the court of jurisdiction, the contracted service provider requesting the termination shall also request that the court stipulate that jurisdiction over any future dependency involvement with the family will be retained by that court.

(11) The case managers or child welfare professionals in the county of jurisdiction and the receiving county shall collaborate and reach a timely agreement prior to taking any significant case actions.  If the sending and receiving counties are not in agreement, the dispute resolution procedures in subsection (9) of this rule must be followed. Significant case actions include the following:

(a) A transfer of jurisdiction to the receiving county. A case may be considered for a transfer of jurisdiction when:

1.  It is in the best interest of the child; and

2. The receiving jurisdiction agrees to the transfer. 

(b) Case closure.

(c) A change in permanency goals.

(d) Other actions requiring court approval in a judicial case.

(12) The case manager or child welfare professional in the receiving county shall be provided with a copy of a court’s termination order within two (2) business days of the order being received by the case manager and no longer than 30 days from the order being signed.

Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.521, 39.6011, 39.6012, 39.701 FS. History–New 5-4-06, Amended 2-25-16,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Courtney Smith

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 18, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 30, 2017