The Department intends to a new rule regarding runaway shelters.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-14.118Standards for Runaway Shelters

PURPOSE AND EFFECT: The Department intends to a new rule regarding runaway shelters.

SUMMARY: The rule will require runaway shelters to provide initial employee orientation and in-service training; initial client orientation; separate housing for minors; and services on a 24-hour basis. Additionally, the shelters must maintain individual client records and a system of accounting for the whereabouts of the children; specified services to clients, including aftercare, are required; and requirements for shelter care are established.

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: 409.175(5)(a), FS.

LAW IMPLEMENTED: 409.175, 409.441, 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-14.118 Standards for Runaway Shelters.

(1) An authorized representative from each runaway shelter shall sign the “Civil Rights Certificate,” CF 707, October 2005, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX .

(2) General.

(a) All runaway shelters shall be available for services on a 24-hour basis, 7 days a week.

(b) A runaway shelter staff member shall discuss program goals, available services and rules governing conduct with each resident upon admission to the shelter. This discussion shall be documented by runaway shelter staff and the resident, using a form developed by each center.

(c) All runaway shelters shall maintain a system of accounting for the whereabouts of all children.

(d) There shall be telephones on the premises which are accessible to residents for making and receiving approved private calls. Restrictions on private calls shall be based on the location of the party called, the effect of the call on the child, and any existing court orders regarding contact.

(e) Runaway shelters that provide residential care to runaway children shall provide separate housing for persons age 18 and older.

(f) When a child is referred to a runaway shelter without the knowledge of Department or a child voluntarily requests placement, the runaway shelter staff will attempt to notify the child’s parents or legal guardian immediately. This procedure shall occur except in cases where there have been allegations of abuse or neglect by the parents. In these cases the runaway shelter shall contact the Department according to Section 39.201, F.S.

(3) Clients.

(a) Services are made available to youth and their families:

1. Upon self-referral; and

2. Through referrals by the child welfare system, juvenile justice system, community mental health system, or community telephone referral systems.

(b) A runaway shelter’s client population will consist of those children who are in conflict with their parents, or who have run away from other community placements.

(c) All runaway shelters shall provide early intervention counseling services for troubled youth, runaway youth, and families with 24-hour access with emphasis toward crisis or time of need and shall include the following services:

1. Individual or group counseling, available daily, to each youth admitted into the shelter.

2. Family counseling available to each family whose child is admitted to the program on a residential or non-residential basis.

3. Weekly case management sessions, involving appropriate program staff, to review current cases and the types of counseling which are being provided.

(d) The facility shall maintain an individual file on each youth admitted into the facility.

1. The client file maintained on each youth shall include an intake form which contains basic background information, counseling notations, information on the services provided both directly and through referrals to community agencies and individuals, disposition data, and any follow-up and evaluation data which are compiled by the shelter.

2. The file on each client shall be maintained in a secure place and shall not be disclosed in part or in whole without the written permission of the client and his or her parent or legal guardian, except as allowed by law.

(4) Client’s Rights.

(a) All runaway shelters shall inform clients of the basic expectations for clients using its services, the hours during which services are available, and any rules set by the agency covering client conduct with particular reference to any activity which could result in the discontinuation of services.

(b) All runaway shelters shall have a written summary of client rights which is made available in the agency’s reception area or which is handed to clients during their initial contact with the agency.

(c) Information about client rights shall be made available in a language which the client and the client’s parent or legal guardian can understand (ie. sign language or in verbal or written form.)

(d) All runaway shelters shall inform clients of any waiting period for service, the lack of a particular service, or of its determination that it cannot meet the clients needs and that service elsewhere would be more appropriate.

(e) All runaway shelters shall conduct service planning with the client’s full participation. The client shall be encouraged to retain as much responsibility as possible. The shelter shall make attempts to involve parents or legal guardians.

(5) Basic Service Requirements.

(a) All runaway shelters shall have an active outreach component which includes direct contact with the youth themselves, with law enforcement officials, youth workers, school and transportation personnel, child protective agencies, and others likely to encounter runaway or homeless youth.

(b) Within the first 24 hours of admittance into the shelter, a direct service staff member shall conduct an initial screening and initiate an individualized service plan for each client. This plan shall be reviewed by a supervisor within 72 hours.

(c) The initial screening shall include an assessment of immediate emergency needs, including food, housing, and clothing, and relevant family, social, emotional, educational, health, and employment history.

(d) Any child or young adult suspected of being sexually exploited or who meets the indicators listed in Rule 65C-43.001(1)(a)-(e), F.A.C., shall also be assessed using the “Human Trafficking Screening Tool Administration Guide (HTST),” CF-FSP 5406, February 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX. A young adult is defined as someone who has reached 18 years of age but is not yet 23 years of age.  The Human Trafficking Screening Tool shall be administered in accordance with Rule 65C-43.001, F.A.C.

(e) All runaway shelters shall provide a comprehensive, integrated program of crisis counseling with a range of counseling services which includes immediate crisis intervention, short-term counseling, and referrals to, or arrangements for, long-term treatment, when appropriate.

(f) A designated runaway shelter staff member shall be responsible for assuring continuity of care from emergency services and crisis counseling through the provisions for aftercare and follow-up.

(g) All runaway shelters shall maintain linkages and cooperative agreements with community agencies, out-of-area programs, or individuals for services not directly provided by the agency, including a plan for handling emergency medical and dental needs of clients.

(h) A runaway shelter shall not deny emergency services to youth and their families due to their inability to pay.

(6) Shelter Care.

(a) When a runaway shelter provides emergency shelter services, it shall meet basic residential needs through an on-site facility that provides food, housing, and clothing.

(b) All runaway shelters shall provide an organized program of daily activities, including individual or group counseling, educational, social, and recreational activities.

(c) All runaway shelters shall provide for a 35 day maximum stay for runaway youth, and shall document in writing any exceptions. All exceptions shall be consistent with a runaway shelter’s policies and shall be monitored by clinical supervisory staff.

(7) Aftercare Services.

(a) Discharge planning involves the consideration of a variety of alternative living arrangements, including return to family whenever possible, and when in the best interest of the youth; referral to long-term community-based residential facilities, or independent community living arrangements, including residence with friends, relatives, or others.

(b) Aftercare plans shall be developed under the direction of clinical supervisory staff and shall have the active participation of the client being served.

(c) Aftercare plans shall include referrals for ongoing individual or family counseling, and arrangements for services including education, career planning, and legal assistance, when appropriate.

(d) Plans for aftercare services shall clearly distinguish the different needs of runaway and homeless youth, and shall document individualized aftercare plans that are developed to meet those needs.

(e) All non-local youth shall be provided with referrals to appropriate services in the youth’s home area.

(f) All runaway shelters shall have procedures for adequate follow-up care and shall require at least one (1) contact with the discharged child or his or her family within the first 30 days following discharge.

(8) Personnel.

(a) Runaway shelters shall provide an initial orientation for all new employees in accordance with Rule 65C-14.023(17), F.A.C.

(b) Runaway shelters shall provide inservice training in accordance with Rule 65C-14.023(18), F.A.C.

(c) Runaway shelter staff with case management responsibility shall have the necessary skills to utilize community resources and effect linkages and obtain services needed by the agency’s clients.

(d) Runaway shelters shall have a plan or procedure for assuring quality care to clients, which includes professional review and monitoring of client assessments, service, and discharge planning.

Rulemaking Authority 409.175(5)(a), F.S. Law Implemented 409.175, 409.441, F.S. History–New_____ .

 

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: September 5, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 15, 2017