The Department intends to amend rule 65C-28.015, F.A.C., to align with statutory changes made in Section 39.407, F.S.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.015Residential Mental Health Treatment

PURPOSE AND EFFECT: The Department intends to amend rule 65C-28.015, F.A.C., to align with statutory changes made in Section 39.407, F.S.

SUMMARY: The community-based care agency must document a plan for an independent review to be conducted within 60 days of initial placement when a child is placed in a state other than Florida for residential mental health treatment.

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(13), 394.4781(4), FS.

LAW IMPLEMENTED: 39.407(6), 394.4781, 394.4785, 394.479, 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-28.015 Residential Mental Health Treatment.

(1) through (3) No change.

(4) Out-of-State Placements.

(a) It is the policy of the Department that children will not be placed in a state other than Florida for residential mental health treatment. Exceptions to this policy must meet the requirements outlined in subparagraph (a)1. or (a)2.:

1. No change.

2. The community-based care (CBC) lead agency has attempted to meet the placement and treatment needs of the child within the state of Florida and in-state placements have failed. The CBC must document:

a. through c. No change.

d. A plan for an independent review to be conducted within 60 days of initial placement,

d. through f. are redesignated e. through g. No change.

(b) through (e) No change.

(5) No change.

Rulemaking Authority 39.012, 39.0121(13), 394.4781(4) FS. Law Implemented 39.407(6), 394.4781, 394.4785, 394.479 FS. History–New 5-4-06, Amended 5-8-16, 11-7-17,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica Johnson

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 4, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 14, 2019