The Department creates new rule 65C-28.024, F.A.C. related to placement transitions pursuant to new statutory language. Rules 65C-28.004 and 65C-28.005 are being repealed.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-28.004Comprehensive Placement Assessment

65C-28.005Changing Placements

65C-28.024Placement Transition

PURPOSE AND EFFECT: The Department creates new rule 65C-28.024, F.A.C. related to placement transitions pursuant to new statutory language. Rules 65C-28.004 and 65C-28.005 are being repealed.

SUMMARY: The new rule establishes requirements relating to placement transitions.

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.

A SERC has not been prepared.

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, 39.4022(11), 39.4023(7), 409.1415(4), FS.

LAW IMPLEMENTED: 39.4022, 39.4023, 409.1415, 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: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-28.004 Comprehensive Placement Assessment.

Rulemaking Authority 39.012, 39.0121(2), (6), (12), (13), 39.0137, 39.307(7), 39.523(5), 409.145(5) FS. Law Implemented 39.307(1)(b), 39.407, 39.523, 409.145(2) FS. History–New 5-4-06, Amended 5-8-16, 5-30-19, 5-20-21. Repealed _______.

 

65C-28.005 Changing Placements.

Rulemaking Authority 39.012, 39.0121(3), (12), (13), 409.145(5), 409.165(3) FS. Law Implemented 39.522, 409.145, 409.165(4) FS. History–New 5-4-06, Amended 5-8-16. Repealed _________.

 

65C-28.024 Placement Transitions.

(1) A placement transition multidisciplinary team (MDT) staffing must be held when there are changes in physical custody after a child is placed in out-of-home care. This rule applies to transitions when there are changes in physical custody after a child is placed in out-of-home care.

(a) This rule does not apply to transitions for children transitioning to adulthood. The requirements specific to transitioning to adulthood can be found in section 65C-28.009; F.A.C., of this chapter.

(b) This rule does not apply to transitions for children due to an adoption intervention. The requirements specific to adoption interventions can be found in section 65C-16.009, F.A.C.

(2) Placement Transition MDT Staffing and Transition Plan.

(a) The placement transition MDT staffing shall adhere to all requirements identified in 65C-30.023(2), F.A.C.

(b) The MDT facilitator or child welfare professional must invite, at a minimum, participants set forth in s. 39.4023(3)(d) and s. 39.4022(4)(a), F.S., to the placement transition MDT staffing.

(c) All parties shall comply with the standards pursuant to s. 409.1415(2), F.S.

(d) When the child that is the subject of the placement transition is an infant and/or under school age, additional factors must be addressed in the transition plan pursuant to s. 39.4023(3)(e), F.S.

(e) The facilitator shall ensure the following is discussed during the placement transition MDT:

1. Maintaining and updating of the child resource record as defined in 65C-30.001, F.A.C.; 

2. Caregiver roles and responsibilities pursuant to the parenting partnership agreement as defined in s.409.1415, F.S.

3. Requirement of a Behavior Management Plan as defined in section 65C-30.001, F.A.C. The facilitator or child welfare professional shall ensure the plan is attached to the Placement Transition Plan, form 5466, (insert date), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX.

4. Services for the child and supports for the out-of-home caregiver when a disability is determined and a need for services is identified.

(f) If the child is suspected or identified as needing medical foster care, the child welfare professional or other designated staff shall refer the child to the local Children’s Multidisciplinary Assessment Team (CMAT) Staffing within five (5) business days.  

(g) If the CMAT Staffing determines the child is eligible for medical foster care services, the child welfare professional or other designated staff shall coordinate with the Medical Foster Care program in the local area regarding arrangements necessary to meet the child’s needs.

1. If the child is suspected of having a developmental delay or condition and an eligible determination for services has not been made, the child welfare professional responsible for the case shall ensure that a referral for an assessment is completed within five (5) business days.

2. If the child is suspected of having a mental health need and an eligible determination for services has not been made, the child welfare professional responsible for the case shall ensure a referral for an assessment is completed within five (5) business days. A child shall not be referred for a clinical assessment for the purpose of being placed in a clinical setting when not necessary.

3. The preferred out-of-home placement for a child with a communicable disease who is exhibiting symptoms is with a relative, non-relative, or licensed out-of-home caregiver(s) specifically trained for such purpose.

a. The Department or contracted provider shall obtain either parental consent or a court order to allow medical treatment or testing when necessary for infants suspected or known to have communicable diseases.

b. When a child with a communicable disease and is asymptomatic but exhibiting behaviors likely to increase the risk of transmission, the child shall be placed in a home with a properly trained caregiver to ensure the safety of other household members.

4. Services shall be coordinated and provided in accordance with the Medical Foster Care Statewide Operational Plan, April 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX.

(h) The Child Welfare Professional is required to develop an individualized placement transition plan using the Placement Transition Plan, form 5466, incorporated in this rule.

(3) Documentation.

(a) Parental notification of any placement changes shall be documented in the state’s child welfare information system unless the court previously excused the Department from further efforts to locate the parent. If the parent(s) is unable to be located, efforts to locate and notify the parent shall be documented in the state’s child welfare information system.

(b) The Placement Transition MDT Staffing and the Placement Transition Plan shall be documented in the meeting module of the state’s child welfare information system within 2 business days of the staffing.

(4) Within 1 business day, the child welfare professional, facilitator, or department designee will provide written notice to Children Legal Services (CLS) and provide a copy of the Placement Transition Plan, form 5466. The notice shall indicate when the child has a new placement and the reason for the placement change, and when there is a non-consensus with a Placement Transition MDT staffing the notice shall be provided pursuant to 65C-30.023.

Rulemaking Authority 39.012, 39.4022(11), 39.4023(7), 409.1415(4), FS. Law Implemented 39.4022, 39.4023, 409.1415, FS. New _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Teanna Houston, Courtney Smith

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun L. Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 7, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2021