The purpose of these proposed rules is to comply with sections 409.1754 and 409.1678, F.S., which were created during the 2014 legislative session. The Department intends to create chapter 65C-43, Human Trafficking. The rules will accomplish the ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-43.001 Initial Screening Instrument

65C-43.002Reporting

65C-43.003Criteria for Certification of Safe Foster Homes and Safe Houses

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

65C-43.005 Specialized Training in Serving Sexually Exploited Children

65C-43.006 Administrative Actions

PURPOSE AND EFFECT: The purpose of these proposed rules is to comply with Sections 409.1754 and 409.1678, F.S., which were created during the 2014 legislative session. The Department intends to create Chapter 65C-43, Human Trafficking. The rules will accomplish the following tasks: (1) adopt standardized screening and assessment instruments to identify, determine the needs of, plan services for, and determine the appropriate placement for sexually exploited children; (2) set forth the requirements for the use of the instruments and the reporting of data collected through their use; (3) adopt criteria for certification of safe foster homes and safe houses; and (4) specify the content of specialized training for foster parents of safe foster homes and staff of safe houses.

SUMMARY: The rules establish a screening and assessment instrument to aid in the placement and care of sexually exploited children. In addition, the rules establish certification criteria for safe foster homes and safe houses and the content of specialized training for foster parents of safe foster homes and staff of safe houses.

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

LAW IMPLEMENTED: 409.1678, 409.1754 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:

 

Chapter 65C-43 Placement and Services for Sexually Exploited Children

 

65C-43.001 Initial Screening Instrument

(1) Any child or young adult suspected of being sexually exploited shall be assessed using the “Human Trafficking Screening Tool (HTST),” CF-FSP 5406, February 2015, incorporated by reference and available at www.dcf.state.fl.us/publications/. 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) Any professional administering the HTST must meet the training requirements set forth in Rule 65C-43.005, F.A.C., and must have completed the training for the HTST prior to administering the instrument.

(3) The HTST shall be administered within 24 hours of identifying one or more of the conditions set forth in subsection (1)(a)-(e) of this rule. If the child or young adult’s whereabouts are unknown, the HTST shall be administered as soon as contact with the child or young adult is made.

(4) If the HTST was previously administered by another agency, the results of that assessment shall be included in an updated assessment.

(5) The results of the HTST shall be used in determining the most appropriate placement and services for the child or young adult.

Rulemaking Authority 409.1754(1)(c) F.S. Law Implemented 409.1754 F.S. History – New_______.

 

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 on a monthly basis:

(1) The total number of children and young adults assessed using the Human Trafficking Screening Tool (HTST);

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

(3) The total number of children and young adults who were placed in a safe foster home or safe house;

(4) The total number of children and young adults who were referred to a safe foster home or safe house, but placement was unavailable;

(5) The total number of children and young adults who were not placed in a safe foster home or safe house; and

(6) Specifically for each child and young adult,

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

(b) The outcome of the assessment, 

(c) The placement that resulted from the assessment, 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;

(d) The number of placement disruptions;

(e) The specialized services provided; and

(f) The cost of placement.

Rulemaking Authority 409.1754(1)(c) F.S. Law Implemented 409.1754 F.S. History – New_______.

 

65C-43.003 Criteria for Certification of Safe Foster Homes and 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 www.dcf.state.fl.us/publications/;

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 www.dcf.state.fl.us/publications/;

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 rule 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 subsections 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 safety plan;

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 “Sexually Exploited Children Transition Plan,” CF-FSP 5405, April 2015, incorporated by reference and available at www.dcf.state.fl.us/publications/, 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 subsection 409.1678(2)(c)5-6, F.S.

(2) Certification of Safe Houses

(a) Certification Standards. The child-placing agency must submit the following to the Regional Licensing Authority:

1. An “Application for Certification as a Safe Foster Home or Safe House,” incorporated by reference 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.

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. Documentation of personnel qualifications. Personnel qualifications shall meet the requirements prescribed in 65C-14.023, F.A.C.

5. Documentation of compliance with staffing requirements.

a. There shall be at least one (1) direct care staff member to every four (4) children or young adults at all times.

b. The agency shall ensure 24-hour-a-day supervision of the children and young adults in its care.

c. Supervision plan policies and procedures shall be approved by the Regional Licensing Authority. Approval shall occur during the initial certification process.

6. Documentation, including photographs, of compliance with interior space requirements.

a. The facility shall have at least one (1) bedroom for every two (2) children or young adults.

b. The bedrooms shall have 50 square feet for the initial occupant and an additional 50 square feet for each additional occupant, and a ceiling height of at least 7 feet, 6 inches.

7. A copy of the facility’s  security plan.

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

a. Plan for victim-witness counseling;

b. Family counseling;

c. Behavioral health care, treatment, and intervention for sexual assault;

d. Substance abuse screening and treatment, if applicable;

e. Life skills training;

f. Survivor mentoring support by a survivor of sexual exploitation;  and

g. Activities schedule.

9. A copy of the admission plan.

a. The admission plan shall identify any exclusionary criteria.

b. The admission plan shall outline the intake and discharge procedures and require the completion of the “Sexually Exploited Children Transition Plan,” incorporated by reference in subparagraph (1)(b) of this rule, for each child or young adult.

10. Documentation of pre-service and continuing educational training hours for all staff.

(b) Policies and procedures for all services and security plans shall be approved by the Regional Licensing Authority. Approval shall occur during the initial certification process.

(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 require approval prior to implementation.

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

(3) Approval Process for Certification of Safe Foster Homes and Safe Houses

(a) The Regional Licensing Authority shall request from the child-placing agency 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 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 group home is certified as a safe house.

Rulemaking Authority 409.1678(2)(c)(7), (e) F.S. Law Implemented   409.1678 F.S. 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-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 sexual exploitation prior to receiving certification to care for sexually exploited children and young adults.

(3) Specialized intensive curriculum for 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 criteria:

(a) Has a bachelor’s degree in social work or a related area of study; or a bachelor’s degree in psychology, sociology, counseling, special education, education, human development, child development, family development, marriage and family therapy, criminal justice, adult learning or nursing; and two years of experience working with sexually exploited children; or

(b) Has a master’s degree in social work or a related area of study; or a master’s degree in psychology, sociology, counseling, special education, education, human development, child development, family development, marriage and family therapy, criminal justice, adult learning or nursing.

(c) In addition, all instructors must have received training in treatment modalities, including Human Trafficking, Motivational Interviewing, Trauma Focused Cognitive Behavioral Therapy, and Co-occurring Disorders.

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

(a) Distinctions between sexual abuse, sexual exploitation, and sexual trafficking;

(b) Language and sensitivity;

(c) Pathways to entry into sexual exploitation and sexual trafficking;

(d) Exploiters;

(e) Tactics of coercion and control;

(f) Impact of sexual exploitation;

(g) Stockholm Syndrome and trauma bonding;

(h) Identifying victims;

(i) Meeting the needs of victims;

(j) Trauma triggers;

(k) Trauma-informed care;

(l) Vicarious trauma and self-care strategies; and

(m) Safety planning.

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

Rulemaking Authority 409.1678(2)(e) F.S. Law Implemented 409.1678 F.S. History – New______.

 

65C-43.005 Specialized Training in Serving Sexually Exploited Children.

(1) Child protective investigators and case managers must receive a minimum of six (6) hours of specialized training in sexual exploitation approved by the Department prior to accepting cases with sexually exploited children or young adults.  The specialized training in sexual exploitation shall consist of:

(a) Three (3) hours pertaining to sexual exploitation of children;

(b) One (1) hour pertaining to the Safe Harbor Act; and

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

(2) Child protective investigators and case managers must each year receive a minimum of one (1) hour of ongoing training on sexual exploitation of children. The training curriculum must be approved by the Department every three (3) months.

(3) Completion of the training shall be entered into FSFN, using the training tracker.

Rulemaking Authority 409.1754(2)(e) F.S. Law Implemented 409.1754(2)(a)1 F.S. History – New________.

 

65C-43.006 Administrative Actions.

(1) Prior to a moratorium on referrals or revocation of certification for a safe foster home or safe house, the Regional Licensing Authority shall review the following:

(a) Licensing history, including history of corrective action plans; and

(b) History of abuse and neglect reports and foster care referrals.

(2) If the certification violation poses an immediate threat to the health, safety, or welfare of the youth or young adults, the community-based care lead agency or child-caring agency shall coordinate the placement of all youth or young adults into other licensed settings as soon as possible, but in no case later than 48 hours. Upon identification of a new placement, transition shall occur in accordance with Section 409.145(2)(c), F.S. The case manager shall participate in the coordination of securing a new placement.

(3) If the change in placement is a result of circumstances addressed in subsection (2) of this rule, the case manager shall document in FSFN and provide the following information within 72 hours of the new placement for each child and young adult to the Regional Licensing Authority:

(a) Date of placement change;

(b) Reason for the change in placement;

(c) Identification of new placement and service providers for each child and young adult; and

(d) Identification of all parties notified of the placement disruption, including the medical, behavioral and psychiatric providers.

(4) If the certification violation does not pose an immediate threat to the health, safety, or welfare of the children or young adults, the Regional Licensing Authority shall send a notification of noncompliance to the foster parent or child-caring agency by certified mail within 10 business days of the decision.

(5) The notification of noncompliance shall cite the specific certification standard(s) in which the safe foster home or safe house is in noncompliance and shall include a timeframe in which the foster parent or child-caring agency must come into compliance with the certification standard(s).

(6) Within 10 business days of receipt of notification of noncompliance, the foster parent or child-caring agency shall notify the Regional Licensing Authority of any intent to come into compliance with certification.  In addition, the foster parent or child-caring agency must provide the Regional Licensing Authority with the following for each child and young adult:

(a) Proposed alternate placement;

(b) Current and proposed service providers, if a change occurs;

(c) Current and proposed educational services, if a change occurs;

(d) Current and proposed medical providers, if a change occurs; and

(e) Current and proposed behavioral and psychiatric providers, if a change occurs.

(7) No new placements of sexually exploited children or young adults shall occur until all certification violations have been resolved.

(8) Certification violations are not considered resolved until approved by the Regional Licensing Authority.

(9) If certification violations have not been resolved and approved by the Regional Licensing Authority, the foster parent or child-caring agency will be notified by certified mail within 10 business days of the reasons why the certification violations have not been resolved.

(10) If the foster parent or child-caring agency does not come into full compliance with certification standards within 10 business days of the notification of reasons why the certification violations have not been resolved, the Regional Licensing Authority shall send the foster parent or child-caring agency notice by certified mail that the certification is revoked.

(11) Except as prescribed in subsection (2) of this rule, upon notification of certification revocation, the lead agency or child-caring agency shall secure new placement for each youth or young adult within five (5) business days.

(12) Except as prescribed in subsection (3) of this rule, the sending agency shall provide the Regional Licensing Authority within 10 business days of the change in placement of each child or young adult the following information:

(a) The name of the receiving safe foster home or safe house;

(b) The date of the transfer; and

(c) The location of the child or young adult’s case files.

Rulemaking Authority 409.1678(2)(e) F.S. Law Implemented 409.1678 F.S. History – New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Elisa Cramer

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 24, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 24, 2014