The Department intends to amend Rule 65C-30.019, F.A.C, Missing Children, to accomplish the following: (1) Clarify reporting requirements for missing children; and (2) Establish requirements related to ongoing search activities.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-30.019Missing Children

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-30.019, F.A.C, Missing Children, to accomplish the following: (1) Clarify reporting requirements for missing children; and (2) Establish requirements related to ongoing search activities.

SUMMARY: The amendments will require the child welfare professional to: (1) Report the child as missing to local law enforcement when the whereabouts of a child in a family receiving safety or case management services or in shelter status under judicial supervision are unknown; (2) Verify that law enforcement has been contacted by the caregiver within specified timeframes when a missing child is not under judicial supervision; (3) Enter the electronic missing child report in FSFN within 24 hours of the child welfare professional learning the child is missing; (4) Conduct ongoing search activities on a weekly basis for 30 days from the date the child was reported missing; and (5) If the missing child is not located within that 30-day timeframe, transfer ongoing search activities to the Regional Criminal Justice Coordinator.

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(16), 39.0141, FS.

LAW IMPLEMENTED: 39.0141, 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:

 

Substantial rewording of Rule 65C-30.019 follows.  See Florida Administrative Code for present text.

65C-30.019 Missing Children.

(1) Notification to Law Enforcement.

(a) Exigent Circumstances.  The child’s caregiver, legal guardian, child welfare professional or designee shall immediately report a child as missing to law enforcement when: 

1. The child is under age 13;

2. The child has a physical or mental incapacity, or a developmental or behavioral challenge that renders the situation more dangerous than it would be for a child with more maturity or resources;

3. The child is with others who may endanger his or her safety;

4. The child is known or believed to be in a dangerous or life-threatening situation; or

5. The child is missing under circumstances inconsistent with established behaviors.

(b) When a child has a history of running away and none of the criteria in subsection (a) apply, the child’s caregiver, legal guardian, child welfare professional or designee may take up to four (4) hours from the time the child is first discovered missing to actively search for and attempt to locate the child prior to contacting local law enforcement.  Active search efforts include:

1. Searching the child’s belongings.

2. Calling/texting the child’s cell phone.

3. Checking the child’s computer, social media accounts, or other online accounts.

4. Contacting the child’s friends, relatives, or known associates.

5. Searching areas that the child is known to frequent.

6. Contacting the child’s school.

7. Contacting the child’s employer.

(c) Caregiver or Legal Guardian Notification to Child Welfare Professional. After notifying law enforcement, the caregiver or legal guardian shall immediately notify the child welfare professional or designee that the child’s whereabouts are unknown. If the child welfare professional learns that the child’s caregiver or legal guardian has not reported the child as missing to local law enforcement within the timeframes set forth in subsection (1)(a)-(b) of this rule, the child welfare professional or designee shall immediately report the child as missing to local law enforcement.

(2) Take Into Custody and Pickup Orders.  The child welfare professional shall notify Children’s Legal Services or the contracted legal provider as soon as possible, but no later than 4 hours, that a child in an active child protective investigation or family receiving ongoing case management services is missing and a Take into Custody or Pickup Order is needed when one or more of the following conditions exist:

(a) Law enforcement will not initiate efforts to locate the child without a court order.

(b) The caregiver or legal guardian of a child not in the custody of the Department is refusing to cooperate with efforts to locate the child, including:

1. Has not reported the child as missing to local law enforcement within the timeframes set forth in subsection (1)(a)-(b) of this rule, and continues to refuse to do so despite being informed of the requirement to do so.

2. There is reason to believe the child’s whereabouts are known by the caregiver or legal guardian and the lack of cooperation is for the purpose of denying the child welfare professional access to the child, or the family is about to flee to avoid further agency intervention.

(c) Children’s Legal Services or the contracted legal provider shall attempt to obtain a court order as soon as possible, but no later than 4 hours, from the point of notification.

(3) Missing Child Reports.  A missing child report shall be obtained by the caregiver, legal guardian, or child welfare professional from law enforcement at the time of notification.

(a) The child welfare professional  or designee shall enter the electronic missing child report in the Florida Safe Families Network (FSFN) within 24 hours of learning the child is missing.

(b) The Department  shall review the missing child report to ensure that it meets reporting criteria for case opening with the Florida Department of Law Enforcement (FDLE)/Missing and Endangered Person Information Clearinghouse and the National Center for Missing and Exploited Children.

(4) Notification Requirements.

(a) When a child in the custody of the Department wherabouts are unknown, the child welfare professional or designee shall notify the child’s caregivers or legal custodians, guardian ad litem and attorney ad litem, if appointed, and Children’s Legal Services within four (4) hours of learning a child’s whereabouts are unknown.

(b) Children’s Legal Services or the contracted legal provider must file notice with the court within one (1) business day after being notified that a child is missing. Notice to the court shall be documented in FSFN within two (2) business days.

(5) Efforts to Locate Missing Child.

(a) The child welfare professional shall make efforts to locate the child at least once a week, until:

1. The child is located;

2. The child turns 18; or

3. If investigation has not yet been transferred to case management and the child protective investigator has obtained sufficient information to close the investigation, including:

i.  The conditions or circumstances which were the basis for the pickup order no longer exist.

ii. Another state child welfare agency with comparable jurisdiction to the Department has interviewed all available subjects of the investigation and reports no concerns with the child’s current living situation and the investigator obtains the issuing court’s approval to dismiss the Take Into Custody or Pickup order.

(b)  Child welfare professionals or their designees shall be responsible for conducting both field-based and desk activities to locate the child, including:

1.  On-site visits to locations where the child may be found.  Only child welfare professionals and certified designees can conduct on-site visits;

2. On-site collateral source contact interviews (e.g., interviews of teachers, employers, relatives, etc.);

3. Use of electronic databases and information systems (e.g., parent locator services, ACCESS Florida, Accurint, etc.); and

4. Checking mobile apps that are popular among youth.

(c) For children reported missing while the family is receiving case management services, the case manager or designee shall make efforts to locate the child at a minimum of once a week for the first three (3) months the child is missing and at a minimum of once a month thereafter.

(d) For children reported missing while the family is involved in a child protective investigation, the investigator or designee shall make efforts to locate the child at a minimum of once a week for 60 days from the time the child is reported missing to law enforcement.

1. After 60 days the weekly efforts to locate the child may be reduced to a minimum of once a month.

2. After 90 days the monthly efforts to locate the child may be transferred to the Regional Criminal Justice Coordinator for continuation of electronic database and information system searches. Certified Regional Criminal Justice Coordinators or their certified designees may perform additional search related activities.

3. The child protective investigator shall keep the investigation open while the Regional Criminal Justice Coordinator conducts searches of electronic databases and information systems until one of the conditions in subparagraph (5)(a) of this rule is identified. Upon closure of the investigation, the child protective investigator or designee shall immediately notify the Regional Criminal Justice Coordinator. 

(e) All efforts to locate the child shall be documented as a Missing Child – Attempt to Locate note type in FSFN within two (2) business days of the effort to locate. 

(6) Procedures Required When Child is Located.

(a) Upon learning that a child missing in an active child protective investigation has been located, the investigator shall respond immediately to the child’s location to assess the child’s safety. If the child is located outside of the investigator’s service area, the investigator shall immediately make an Out of Town Inquiry (OTI) request to assess the child’s safety.

1. When the child is located, the child protective investigator or designee shall immediately notify the following individuals and agencies:

a. Law enforcement;

b. Guardian ad litem and attorney ad litem, if appointed; and

c. Children’s Legal Services or the contracted legal provider.

2. If the investigator has reason to believe the child’s caregiver or legal guardian was uncooperative with efforts to locate the child for the purpose of denying the investigator access to the child and immediate notification would further impede the investigation, the caregiver or legal guardian may be notified of the child’s whereabouts after the child’s safety has been assessed. If the investigation would not be compromised or impeded by notification of the child’s caregiver or legal guardian the investigator or designee shall immediately notify the caregiver or legal guardian when the child has been located.  

(b) Upon learning that a child missing while a family is receiving case management services has been located, the child welfare professional identified by the community-based care lead agency shall interview the child within 24 hours to determine the child’s need for additional services and/or change in placement.  The interview shall:

1. Determine the primary factors that contributed to the child running away (if the child ran away); and

2. Inquire into the child’s experience while absent from care, including identifying if the child has a history of running away,  sexual abuse, prostitution or a current arrest on a charge of prostitution, or the child discloses being trafficked or reporting sexual exploitation. If any one of these indicators are present, the child welfare professional shall screen the child to determine if the child is a possible victim of trafficking pursuant to Chapter 65C-43, F.A.C.

3. When the child is located, the child welfare professional or designee shall  immediately notify the following individuals and agencies:

a. The child’s caregiver or legal guardian;

b. Law enforcement;

c. Guardian ad litem and attorney ad litem, if appointed; and

d. Children’s Legal Services or the contracted legal provider.

(c) All notifications provided in subsection (6)(a)1. or (6)(b)3. of this rule and all efforts to interview the child shall be documented in FSFN as a Missing Child – Debriefing note type within one (2) business day of the attempted interview.

(d) The child’s recovery shall be documented in FSFN by completing the electronic missing child report recovery form within 24 hours upon learning that a missing child has been located. The Department shall review the missing child recovery report to ensure that the case meets case closure criteria with the FDLE/Missing and Endangered Person Information Clearinghouse.

Rulemaking Authority 39.012, 39.0121(16), 39.0141 FS. Law Implemented 39.0141 FS. History–New 5-4-06, Amended 2-25-16. Amended____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John Harper

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 19, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 7, 2017