The Department intends to amend rule 65C-29.003, F.A.C., to add investigative requirements regarding calls to the Hotline.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-29.003Child Protective Investigations

PURPOSE AND EFFECT: The Department intends to amend rule 65C-29.003, F.A.C., to add investigative requirements regarding calls to the Hotline.

SUMMARY: The amendments accomplish the following: 1) Require the child protective investigator to provide professional mandatory reporters with his/her contact information within a specified timeframe and advise the reporter that he/she may provide a written summary of their concerns which shall become part of the child’s case file; 2) Require all household members residing in the maltreating caregiver’s home and not identified in the original intake to be added to the investigation within a specified timeframe; and 3) Require the child protective investigator to report suspected animal cruelty to the local animal control agency.

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, 39.208(6), 39.301(14)(c) FS.

LAW IMPLEMENTED: 39.01375, 39.208, 39.301, 39.4021 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 [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

65C-29.003 Child Protective Investigations

(1) No change.

(2) Investigative Requirements. For every report received, the following actions shall be completed:

(a) A determination shall be made as to whether the reporter should be contacted prior to commencement of the investigation to obtain additional information on the child or family or to clarify information obtained by the Florida Abuse Hotline. If the reporter is a professional mandatory reporter under section 39.201(1)(b)2., F.S., within 24 hours of being assigned the investigation, the child protective investigator must provide his or her contact information and advise the reporter that he or she may provide a written summary of their concerns which shall become part of the child’s electronic case file. When circumstances preclude contacting a reporter prior to commencement (such as when a concern for child safety and the need for expediency warrants a post-commencement contact) or when an attempted contact is unsuccessful, the investigator shall contact the reporter after the initial on-site response is completed.

(b) All household members residing in the maltreating caregiver’s home and not identified in the original intake must be added to the investigation within 24 hours of the individual’s identity and presence in the home becoming known.  All household members shall be assessed as to their relationship and role within the family, interactions, and caregiving role over the children in the home.

(b) through (g) are redesignated (c) through (h) No change.

(3) Safety Planning Requirements. For every report received in which a danger threat has been identified, the following actions shall be completed:

(a) Upon the identification of a danger threat, the child protective investigator shall determine if, with the provision of safety management services and the implementation of an in-home safety plan, the child can safely remain at home.

1. If the child cannot remain in the home with without safety management services, the child protective investigator must develop an out-of-home safety plan and identify the conditions for return. If the family has not made a family-made arrangement prior to the Department’s intervention or the family-made arrangement is inappropriate due to the circumstances surrounding the danger threat(s) in the home, the child protective investigator shall take the child into protective custody and place the child in accordance with the placement priority in section 39.4021(2), F.S. and the best interest criteria as established in section 39.01375 F.S. determine from the following list the least intrusive protective actions to ensure the child’s safety:

a. Release of the child to the other parent shall be the first safety action considered.

b. When the other parent is unavailable or not an appropriate placement option, the next least intrusive action is placement of the child with a relative.

c. When a relative is unavailable or not an appropriate placement option, the next least intrusive action is placement of the child with a non-relative who is known to the family and who is able to provide for the health and safety of the child and has an established relationship with the child.

d. When non-relatives are not available or are not appropriate placement options, the child shall be placed in licensed care.

2. No change.

(b) through (c) No change.

(4) through (6) No change.

(7) If the child protective investigator, while acting in his or her professional capacity or within the scope of employment, knows or has reasonable cause to suspect that animal cruelty, as defined in section 828.27, F.S., has occurred at the same address, he or she shall report such knowledge or suspicion in accordance with the requirements in section 39.208(2), F.S. The child protective investigator must document the notification to a local animal control agency in the FSFN.

(8) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 39.012, 39.0121, 39.208(6), 39.301(14)(c) FS. Law Implemented 39.01375, 39.208, 39.301, 39.4021  FS. History–New 5-4-06, Amended 12-31-14, 12-13-15, 3-29-16, 6-5-16, 12-24-17, 7-16-20. Amended___

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brooke Bass

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 13, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 4, 2021