Definitions, Early Service Intervention and Case Transfer, Diligent Search, Identification of Children, Family Assessment, Case Planning, Case Management Responsibilities, Services Worker Responsibilities to Parents, Tiered Services Protocol, ...
DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
RULE NOS.:RULE TITLES:
65C-30.001Definitions
65C-30.002Early Service Intervention and Case Transfer
65C-30.003Diligent Search
65C-30.004Identification of Children
65C-30.005Family Assessment
65C-30.006Case Planning
65C-30.007Case Management Responsibilities
65C-30.008Services Worker Responsibilities to Parents
65C-30.009Tiered Services Protocol
65C-30.010Voluntary Protective Services
65C-30.011Placement Responsibilities of the Services Worker or Child Protective Investigator
65C-30.012Permanency Goal Selection
65C-30.013Judicial Reviews and Court Reports
65C-30.014Post-Placement Supervision and Services
65C-30.015New Reports Received, Removal, and Placement of Children
65C-30.016New Children in Families under Supervision
65C-30.018Out-of-County Services
65C-30.019Missing Children
65C-30.020Child Deaths
65C-30.021Child Death Reviews
65C-30.022Termination of Services
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 221, November 13, 2015 issue of the Florida Administrative Register.
(1) through (6) No change.
(7) “Attestation” means a community-based care lead agency’s certification that supporting documentation for the initial licensure or re-licensure of a family foster home is in compliance Section 409.175, F.S., with Florida state law and Rules 65C-13.023, 65C-13.024, 65C-13.025, and 65C-14.028 of the Florida Administrative Code.
(8) through (27) No change.
(28) “Community-Based Care (CBC)” means the system of care for the provision of all child welfare services – with the exception of child protective investigations and the Florida Abuse Hotline. The delivery model is utilization of privatized contractors that determine the needs and develop the resources for the community being served, in addition to core requirements outlined in Florida Statute or Florida Administrative Code, or as stipulated per contract with the Department.
(29) “Comprehensive Behavioral Health Assessment (CBHA)” means an in-depth assessment of the child’s emotional, social, behavioral, and developmental functioning within the family home, school, and community, as well as the clinical setting., as outlined in the Florida Medicaid Specialized Therapeutic Services Coverage and Limitations Handbook, March 2014, which is incorporated by reference in Rule 59G-4.295, F.A.C.
(30) through (37) No change.
(38) “Critical Junctures” means times during an investigation or services case when fundamental decisions are being made for the child, or when critical events that affect child safety are occurring in the investigation or services case. Critical junctures include the following:
(a) When safety analysis has resulted in a decision to remove a child from home.
(b) At the birth or death of a sibling or the addition of a new family member, including paramours.
(c) Before changing the case plan to include unsupervised visits.
(d) Before a child is returned home from substitute care.
(e) Before the case is closed or dismissal of court jurisdiction is recommended.
(39) No change.
(40) “Diligent Search” means the efforts to locate parents or find relatives or other persons who might be considered for assuming caregiving responsibilities.
(41) through (61) are renumbered (40) through (60) No change.
(61)(62) “Indian Child Welfare Act (ICWA)”, Public Law 95-608 (1978), 92 Stat. 3069, 25 U.S.C. 1901 et seq, means the federal act that governs child custody proceedings involving American Indian or Alaskan Native children in state courts.
(62)(63) “Individual Educational Plan (IEP)” means a written assessment for a child with a disability or special educational needs that is developed and implemented in accordance with Section 602(14) of H.R. 1350, the “Individuals with Disabilities Education Improvement Act of 2004 (IDEA)”, 20 U.S.C. § 1400 et seq.
(64) through (71) are renumbered (63) through (70) No change.
(71)(72) “Maltreatment” means behavior that is harmful and destructive to a child’s cognitive, social, emotional, or physical development. This is referenced in the Child Maltreatment Index, incorporated in subsection (16)(15) of this rule, as the harm that occurred as the result of maltreatment.
(73) through (106) are renumbered (72) through (105) No change.
(107) “Safety Plan” means the specific course of actions deemed action that is determined necessary for the lead agency to protect a child when a parent is unavailable, unable or unwilling to protect the child. The safety plan shall be implemented immediately when a parent’s protective capacities are not sufficient to manage danger. The safety plan is jointly developed by a child welfare professional and the family. The safety plan shall:
(a) Be in response to present or impending danger;
(b) Be based upon specific danger threat(s) and diminished protective capacties;
(c) Use the least intrusive means appropriate; and
(d) Remain in effect as long as a case remains open with a case plan goal of “strengthen and maintain” or “reunifications” and parents do not have the protective capacity necessary to protect the child from identified danger threats.
(108) through (126) are renumbered (106) through (124) No change.
Rulemaking Authority 39.012, 39.0121, 39.407(1), 39.5085(2)(a), 63.233, 394.4781(3)(c), 409.175(5), FS. Law Implemented 39.401(3), 39.407, 39.5085, 39.521, 39.701, 63.167, 394.9082, 40 9.145(1), 409.165(1), 409.401, 409.175 FS. History–New 5-4-06, Amended____.
(1) through (4) No change.
(4)(a) The child welfare professional responsible for the case shall determine the child’s supervision and care needs pursuant to Rule 65C-28.004, F.A.C., to ensure that the child is placed with a responsible adult who can meet the child’s needs.
(4)(b) through (5)(e) No change.
Rulemaking Authority 39.012, 39.0121(12), (13), 39.5075(8), FS. Law Implemented 39.402(7), (15), 39.5075, 39.521(1)(b)1., 3, 39.522(1) FS. History–New 5-4-06, Amended___.
(1) through (1)(a) No change.
(1)(b) In addition, the CPI shall initiate and the case manager shall continue diligent efforts to locate and provide notice to the following relatives: all adult grandparents, all parents of a sibling of the child, where such parent has legal custody of such sibling, and other adult relatives of the child (including any other adult relatives suggested by the parents), in accordance with 42 U.S.C §671(a)(29) (2014).
(2) through (2)(c) No change.
Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.502(8), (9), (10), 39.503(5), (6), (7), (8), 39.5075, 39.521(1)(d)8.a., FS. History–New 5-4-06. Amended____.
65C-30.004 No change.
Rulemaking Authority 39.012, 39.0121(3), (13), 39.5075(8), 63.233 FS. Law Implemented 39.5075, 63.162(2) FS. History–New 5-4-06. Amended____.
(1) through (1)(b) No change.
(2) The ongoing family functioning assessment involves the case manager and the family in a joint effort to identify and analyze the family strengths and resources, child well-being, as well as the contributing factors and underlying conditions that contribute to the child’s safety and risk of maltreatment. The ongoing family functioning assessment must should include information from the Initial Health Care Assessment and Comprehensive Behavioral Health Assessment.
(1) through (5)(a)3. No change
(5)(a)4. The child’s permanency goal changes; or
(5)(a)5. New information concerning the child’s safety or well-being is obtained that was not available at the time the previous case plan was prepared; or .
(5)(a)6. There was an error or oversight in the case plan.
(5)(b) through (5)(c) No change.
(1) through (9) No change.
(9)(a) Conditions for rReturn of the child have been met.
(9)(b) through (12)(c) No change.
Rulemaking Authority 39.012, 39.0121(13), 39.5075(8) FS. Law Implemented 39.6011, 39.6012 39.401(1), (3), 39.402(2), (8)(d)1., 39.5075 FS. History–New 5-4-06. Amended_____.
65C-30.008 Child Welfare Professional Case Manager Responsibilities to Parents.
(1) through (5) No change.
Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.6012(1), 39.621 FS. History–New 5-4-06, Amended_____ .
(1) through (3) No change.
(3)(a) In-home Non-jJudicial Services. In this initial tier, the child will remain at home and the Department or contracted service provider shall manage the safety plan and work in partnership with the family, without judicial intervention, to develop a case plan based on the identified needs in the Family Functioning Assessment. If, during the course of In-hHome Non-jJudicial Services, there is no progress in increasing the diminished protective capacities or the safety plan is no longer sufficiently controlling the danger, the case manager shall increase the level of intrusiveness of the safety management services and pursue judicial intervention.
(3)(b) through (4)(c)1. No change
(4)(c)2. Relative Caregiver Program payment available for relatives through ESS, post-disposition, if the caregiver is a relative who is within the fifth degree by blood or marriage to the parent or stepparent of the child (this is a broader degree of relationship than for TCA), in accordance with the criteria outlined in Section 39.5085(2)(a)1., F.S. Where there is a half-sibling of the related child whose parent or stepparent does not meet the degree of relationship to the caregiver required for eligibility, the half-sibling shall also be referred in accordance with the criteria outlined in Section 39.5085(2)(a)2., F.S. See paragraph 65C-28.008(2)(1)(c), F.A.C., regarding the degree of relationship requirements for RCP eligibility.
(4)(c)3. through (4)(c)4. No change.
Rulemaking Authority 39.012, 39.0121(1), (13) FS. Law Implemented 39.301(9)(b), (14), 39.401(3)(b), (4), 39.5085, 39.6012(1) FS. History–New 5-4-06. Amended____
65C-30.010 No change.
(1) through (4)(c)14. No change.
(4)(f) through (4)(i) are renumbered (4)(d) through (4)(g) No change.
(5) through (8) No change.
Rulemaking Authority 39.012, 39.0121(6), (13), 409.145(5) FS. Law Implemented 409.145(2) FS. History–New 5-4-06, Amended____.
65C-30.012 No change.
Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.621, 39.6221, 39.6241 FS. History–New 5-4-06. Amended____.
(1) through (1)(c) No change.
(1)(d) In addition to the requirements of Section 39.701(2)(27)(a), F.S., the JRSSR shall also include a recommendation to the court as to the child’s placement and supervision until the next review. This recommendation shall be supported by the other information provided in the report.
(1)(e) No change.
(2) Regularly Scheduled Judicial Reviews.
(a) If a child who has been removed is returned to the home of removal, or some other placement is made, judicial reviews shall continue until the court terminates supervision.
(b) Regularly scheduled judicial reviews shall continue for any missing child until the child reaches the age of majority or the court terminates supervision. At each judicial review the court shall be informed of the child’s status and the efforts of the department or contracted service provider to locate the child.
(3) is renumbered (2) No change.
Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.701, 39.702, FS. History–New 5-4-06, Amended____.
65C-30.014 No change.
Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.521(1)(a)(3)(a), (7), 39.522, 39.701(1)(b) FS. History–New 5-4-06, Amended_____
65C-30.015 No change.
65C-30.016 No change.
Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.401, 39.6013 FS. History–New 5-4-06, Amended____.
65C-30.018 No change.
(1) through (2)(a) No change.
(2)(b) Document information in Complete and submit a FSFN as to child location efforts and recovery Missing Child Report form.
1. Documentation The Missing Child Report form shall be completed and submitted within FSFN within one (1) business day of the child welfare professional learning that a child is or was considered to be missing.
2. Documentation in FSFN Submission of the completed Missing Child Report form shall initiate internal DCF reviews of the missing child report so as to ensure that it meets reporting criteria for case opening with the FDLE/Missing and Endangered Person Information Clearinghouse, and the National Center for Missing and Exploited Children.
(2)(c) through (4)(a)3. No change.
(4)(b) Document the child’s recovery in Complete and submit a FSFN Missing Child Recovery form immediately, and in no case later than 24 hours, upon learning that a missing child has been located. Documentation in FSFN Submission of the completed Missing Child Recovery form shall initiate internal DCF reviews of the missing child report so as to ensure that it meets case closure criteria with the FDLE/Missing and Endangered Person Information Clearinghouse; and
(4)(c) through (4)(c)2. No change.
Rulemaking Authority 39.012, 39.0121(16), 39.0141 FS. Law Implemented 39.0141, 39.202(4), 39.301(16), 39.604(4)(b) FS. History–New 5-4-06. Amended_____
(1) through (2) No change.
(3) The Hotline Director or designee shall provide written notification of all child deaths alleged to have occurred in Florida as a result of abuse, neglect or abandonment or of the deaths of children who are the subjects of an open abuse, neglect or abandonment investigation or currently ongoing services, regardless of whether there are allegations of death due to abuse, neglect or abandonment, shall be given to the following individuals within two (2) hours of the oral notification:
(3)(a) through (5)(g) No change.
(6) If the death involved a child receiving services, the case manager shall:
(a) Follow Department or contracted service provider procedures to ensure the child’s parents are notified as soon as possible;
(b) Refer any press inquiries to the regional public information office;
(c) Follow Department or contracted service provider procedures to ensure that the emotional needs of the child’s family and siblings, caregiver, and other children in the home are addressed; and .
(d) Notify the regional Child Fatality Prevention Specialist.
(7) through (8) are renumbered (6) through (7) No change.
(9) If the child is in licensed out-of-home care, the case manager shall determine whether the family has resources available to pay for the funeral expenses. If resources are not available, the Department or lead agency shall contact the Florida Funeral Director’s Association in Tallahassee, Florida, to arrange for funeral services.
Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.201(2)(a)(3), 39.2015(1), (6), 39.301(9)(a), (11), (16), (17), 39.303(2)(g) FS. History–New 5-4-06, Amended_____
(1) The Department shall conduct multidisciplinary reviews of all child deaths where there was a prior report with a verified finding to the Department within the previous 12 months in accordance with Section 39.2015, F.S. The regional Child Fatality Prevention Specialist shall conduct a death review on all child deaths in which it is alleged that abuse, neglect or abandonment was or may have been a factor in the child’s death, and in situations where a child died while receiving ongoing services.
(2) The Child Fatality Prevention Specialist will not conduct a death review in the following This procedure does not apply to deaths that occur under the following circumstances unless either abuse, neglect or abandonment is suspected or the child was receiving ongoing services:
(a) Fetal deaths;
(b) Deaths due to accidents or diseases; and
(c) Deaths of children who are involved in other Department of Children and Family Services (DCF) programs, such as mental health or developmental services, and no abuse, neglect or abandonment was suspected in the death; and.
(d) Deaths of children that occurred during an active services case or open investigation in which abuse or neglect is not alleged.
Rulemaking Authority 39.012, 39.0121(12) FS. Law Implemented 39.2015(2) FS. History–New 5-4-06. Amended_____.
65C-30.022 No change.
Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.701(2)(a) FS. History–New 5-4-06, Amended______.
