Amendments remove obligations of the sheriff’s office pursuant to Chapter Law 2023-77. Amendments further clarify and update the rules.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-30.002Safety Planning and Case Transfer

65C-30.004Identification of Children

65C-30.005Ongoing Family Functioning Assessment

65C-30.006Case Planning

65C-30.007Case Management Responsibilities After Case Transfer

65C-30.009Least Intrusive Interventions

65C-30.011Placement Responsibilities of the Child Welfare Professional

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-30.020Child Fatalities

65C-30.022Termination of Services

PURPOSE AND EFFECT: Amendments remove obligations of the sheriff’s office pursuant to Chapter Law 2023-77. Amendments further clarify and update the rules.

SUMMARY: Amendments include: (1) remove obligations of the sheriff’s office, (2) correct spelling errors, (3) update citations, (4) remove reference to FSFN, (5) update procedures regarding identification of children, (6) adding requirements regarding social security cards and dental records, (7) update procedures involving a report of a child death.

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.

A SERC has not been prepared.

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, 39.307(7), 39.5075(8), 63.233, 409.145(5) FS.

LAW IMPLEMENTED: 39.0138, 39.201(2)(a), 39.2015(1), (6), 39.301(4), (7), (9), (11), (16), (17), 39.307(1)(b), 39.401(3)(b), 39.401(4), 39.402(7), (15), 39.402(8)(h)6., 39.407(3)(b), 39.5075, 39.5085, 39.521, 39.522(1), 39.6011, 39.6012, 39.6013, 39.602, 39.701, 409.145(2), 409.145(1) 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: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-30.002 Safety Planning and Case Transfer.

(1) through (4) No change.

(5) When an out-of-home safety plan for impending danger is initiated, the conditions for return and visitation with the parent will be established.

(a) The child welfare professional responsible for the case shall determine the child’s supervision and care needs pursuant to Rule 65C-30.023 65C-28.004, F.A.C., to ensure that the child is placed with a responsible adult who can meet the child’s needs.

(b) The child welfare professional responsible for the case shall complete:

1. An Other Parent Home Assessment if releasing or placing the child with a parent, or

2. The Unified Home Study functionality functionaliy in the child welfare information system FSFN if placing the child with a relative or non-relative caregiver.

(6) Once the investigation and family functioning assessment have been completed, the CPI shall schedule a case transfer conference at which time a case manager will assume responsibility for ongoing safety and case management.

(a) through (b) No change.

(c) At case transfer, the CPI shall ensure that the child’s FSFN case file provides:

1. through 12. No change. 

(d) through (f) No change. 

(7) Child welfare professionals shall work collaboratively to determine all additional actions related to safety plan modifications, removals, and placements pursuant to Rule 65C-30.015, F.A.C., to ensure the child’s needs for safety, permanency, and wellbeing are met. If consensus cannot be reached between the CPI, case manager, service provider(s), and Children’s Legal Services related to safety plan modifications, removals, and placements, a multidisciplinary staffing shall be conducted within 14 business days to address ongoing concerns;

(a) through (b) No change.

Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.301(7), (9), 39.402(7), (15), 39.522(1) FS. History–New 5-4-06, Amended 2-25-16, 9-9-19. Amended _____________.

 

65C-30.004 Identification of Children.

(1) Photographing of Children.

(a) No change.

(b) The child’s identity shall be verified by the child welfare professional or other staff person familiar with the child. The photograph and identifying information shall be maintained in the child welfare information system FSFN.

(c) Photographs shall be updated at the completion of each home visit for children involved in ongoing services as follows:

1. through 2. No change.

(2) Fingerprinting of Children.

(a) For any The fingerprints of each child age three (3) years or older who is placed in out-of-home care that has a missing child episode, fingerprinting must shall be obtained no later than 1 hour upon initial recovery within 15 days after initial placement. The record of the fingerprints shall be maintained in the child’s case file. If the child is under age three (3), a means of obtaining the child’s footprints shall be explored.

(b) Fingerprints are not required for children under supervision in-home.

(b)(c) These fingerprints shall be used only to identify a child who is missing.

(3) Birth Verification of Children.

(a) A copy of a birth certificate or birth verification shall be obtained for each child under court ordered in-home supervision within 30 15 days after the case transfer conference.

(b) A copy of a birth certificate or birth verification shall be obtained for each child entering out-of-home care within 45 15 days after the case transfer conference of initial placement.

(c) No change.

(4) Social Security Cards for Children

(a) For children in out-of-home care, the child welfare professional shall request a copy of the child’s social security card within 30 days after the case transfer conference.

(b) For newborns who have not had an application for a social security card submitted, the child welfare professional shall submit an application within 15 days of the case transfer conference.

(c) A copy of social security cards are not required for children under in-home supervision.

(4) is redesignated (5) No change.

(6) Dental Records of Children. The child welfare professional shall obtain dental records for children ages three (3) and older in out-of-home care every seven (7) months.

Rulemaking Authority 39.012, 39.0121(3), (13), 39.5075(8), 63.233 FS. Law Implemented 39.5075 FS. History–New 5-4-06, Amended 2-25-16. Amended ______________.

 

65C-30.005 Ongoing Family Functioning Assessment.

(1) The case manager shall complete an ongoing family functioning assessment within 30 calendar days following the case transfer.

(a) The progress update shall be updated and approved at least every three (3) months or at critical junctures until termination of services.

(b) Ongoing family functioning assessments and progress updates will be documented using the child welfare information system FSFN functionality.

(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 include information from the Initial Health Care Assessment and Comprehensive Behavioral Health Assessment, and the Comprehensive Placement Assessment.

Rulemaking Authority 409.145(5) FS. Law Implemented 409.145(1) FS. History–New 5-4-06, Amended 2-25-16. Amended ___________.

 

65C-30.006 Case Planning.

(1) Each child under Department or contracted service provider’s supervision shall have a case plan developed and documented using the case plan functionality in the child welfare information system FSFN using the Ongoing Family Functioning Assessment to guide case plan plane outcomes.

(2) Case Plan Development.

(a) Case management shall develop a case plan in consultation with the family and child, if age and developmentally develpmentally appropriate.

(b) through (c) No change.

(d) When a child is placed in a qualified residential treatment program or behavioral qualified residential treatment program (QRTP or BQRTP), the case plan must include the following:

1. Documentation outlining the most recent assessment recommendation for placement for a QRTP;

2. Date of the most recent placement in a QRTP;

3. through 4. No change.

5. A copy of the signed QRTP Extended Placement Request approval by the Department, if a child is placed in a BQRTP and QRTP setting for longer than 12 consecutive months or 18 nonconsecutive months, or in the case of a child who has not attained age 13, for more than 6 consecutive or non-consecutive months. The QRTP Extended Placement Request form is incorporated in Rule 65C-28.021, F.A.C. See Rule 65C-28.021, F.A.C. for approval criteria.

(3) through (6) No change.

Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.6011, 39.6012, 39.6013, 39.602 FS. History–New 5-4-06, Amended 2-25-16, 12-22-19, 3-15-21. Amended ___________.

 

65C-30.007 Case Management Responsibilities After Case Transfer.

(1) Contacts with Children.

(a) through (d) No change.

(e) Face-to-face contacts with the child and caregiver shall occur at least once every seven (7) days as long as the child remains in shelter status. The frequency of contact, while in shelter status, may be modified after the case management supervisor documents in the child welfare information system FSFN that all of the following conditions have been met:

1. through 5. No change.

(f) If the frequency of face-to-face visits while in shelter status are modified pursuant to paragraph (e), above, the case manager must document the reasons why the child is still in shelter status in the child welfare information system FSFN.

(g) After disposition, the frequency of contacts may be modified, but in no case shall contacts be less frequently than every 30 days for a child.

1. The case manager must document all contacts in the child welfare information system FSFN, including case plan and safety plan monitoring, no later than 2 business days from the contact.

2. No change.

(h) No change.

(2) No change.

(3) Child and parent or caregiver living out of Florida. The office of the Florida Interstate Compact on the Placement of Children shall ensure that the child welfare staff in the receiving state is notified of the Florida requirement for face-to-face contact a minimum of every 30 days with the child and the parent or legal guardian.

(a) No change.

(b) Documentation of the contact and progress by the child and family shall be entered in the child welfare information system FSFN.

(4) If a face-to-face visit with a child or parent or legal guardian is not completed, the case manager shall document in the child welfare information system FSFN alternate contacts completed or attempted. The case manager’s immediate supervisor shall review the circumstances surrounding the attempted visit and expectations as to further efforts to complete the visit.

(5) If a child is on runaway status or his or her whereabouts are unknown, the case manager shall meet the requirements of Rule 65C-30.019, F.A.C. Documentation of the efforts to locate the child shall be documented in the child welfare information system FSFN.

(6) through (7) No change.

(8) While service intervention is in progress, the case manager shall gather information from the parent(s), children and other family members, providers, and other relevant persons to:

(a) No change.

(b) Monitor and document whether the safety management services servies are still sufficiently managing the danger;

(c) through (f) No change.

(9) through (12) No change.

Rulemaking Authority 39.012, 39.0121(13), 39.5075(8) FS. Law Implemented 39.0138, 39.5075, 39.6011, 39.6012 FS. History–New 5-4-06, Amended 2-25-16, 4-17-16, 8-22-16, 9-21-20. Amended ________________.

 

65C-30.009 Least Intrusive Interventions.

(1) No change.

(2) Prior to a child being removed from the home, the Department or its authorized agent shall determine if, with the provision of appropriate and available safety management services, the child could safely remain at home. If at any time it is determined the child’s safety and well-being are in danger, the safety plan shall be modified to control for the danger threat, which may include increasing the level of intrusiveness.

(3) The following outlines the tiered protocol to services that allows the Department or its agent to diligently support family continuity prior to placing children in out-of-home care.

(a) through (b) No change. 

(4) Court Ordered Relative/Non-Relative Placements. When a child is removed from his or her parents or legal guardian due to abuse, neglect or abandonment, the Department or contracted service provider shall request the names, relationships and addresses of both parents, maternal and paternal relatives, and any non-relatives who are known to the family and who may be able to provide for the health and safety of the child and have an established relationship with the child and will make diligent efforts to identify and locate relatives and any parents of siblings.

(a) No change.

(b) Prior to the child’s placement the child welfare professional shall complete a home study of the selected caregiver’s home, as set forth in Rule 65C-28.012, F.A.C. When more than one (1) caregiver is being considered for placement, the rationale for the placement decision must be documented in the child welfare information system FSFN. When a caregiver is denied placement, a home study will need to be completed to document the reason for denial.

(c) No change.

Rulemaking Authority 39.012, 39.0121(1), (13) FS. Law Implemented 39.301(9)(b), 39.401(4), 39.5085, 39.6012(1) FS. History–New 5-4-06, Amended 2-25-16. Amended _______________.

 

65C-30.011 Placement Responsibilities of the Child Welfare Professional.

(1) The child welfare professional making the placement shall:

(a) through (c) No change.

(d) Ensure that the child’s special physical, medical, developmental, educational or emotional needs are met as specified in Rule 65C-30.023 65C-28.004, F.A.C. A behavior management plan is required for children with the following behaviors:

1. through 4. No change. 

(e) through (h) No change.

(i) Document in the child welfare information system Florida Safe Families Network (FSFN) any notification provided to parents and others regarding a child’s assessment and any referrals made as a result of the assessment;

(j) If there is any potential that a child may qualify for social security survivor benefits, social security disability benefits or Supplemental Security Income due to disability, or other benefits, ensure that an application is made for the benefits on behalf of the child and documented in the child welfare information system FSFN;

(k) through (m) No change. 

(2) No change.

(3) The Child’s Resource Record. A child’s resource record shall be developed for every child entering out-of-home care. The child welfare professional making the placement is responsible for the initial development, monitoring, updating and transporting of the child’s resource record.

(a) through (e) No change.

(f) Where medical or educational information is not available and accessible, written documentation of the efforts made to obtain the information shall be documented in the child welfare information system FSFN.

(g) through (h) No change.

(4) through (7) No change.

Rulemaking Authority 39.012, 39.0121(2), (6), (12), (13), 39.307(7), 409.145(5) 409.145(4) FS. Law Implemented 39.307(1)(b), 39.401(3)(b), 39.402(8)(h)6., 39.407(3)(b), 409.145(2) FS. History–New 5-4-06, Amended 2-25-16, 8-2-21. Amended ______________.

 

65C-30.015 New Reports Received, Removal and Placement of Children.

(1) When a new report of abuse, neglect, or abandonment is received on an active case, the child protective investigator (CPI) shall:

(a) No change.

(b) Conduct a multidisciplinary staffing based upon the criteria as outlined in subsection (6) of this rule as soon as possible, but no later than 14 business days, to assess the need for modifications to the safety plan. If the decision is made to leave the child in the home even though other children are currently placed in out-of-home care, the approval of a case management organization or community-based care administrator shall be obtained and documented in the child welfare information system Florida Safe Families Network (FSFN) by the case manager.

(2) No change.

(3) If, during contact with the child or family, the case manager has cause to immediately remove the child due to a dangerous situation, the case manager shall call 911 immediately.

(a) No change.

(b) In situations involving immediate or life-threatening danger to the child, the case manager is authorized to physically remove the child from the situation until physical custody of the child can be given to a CPI or a law enforcement officer.

(4) In all cases, the new child information shall be added to the family functioning assessment in the child welfare information system FSFN.

(5) through (6) No change.

(7) The safety determination within the investigation for any child under protective supervision shall remain unsafe until:

(a) No change.

(b) A progress update regarding the assessment and results has been entered in the child welfare information system FSFN.

(8) When a minor child in foster care is pregnant or becomes a parent, the case manager shall assist him or her in arriving at a plan for their future.

(a) The case manager shall staff any decision not to remove the infant from the minor parent (foster child) with his or her supervisor and document the staffing decision in the child welfare information system FSFN.

(b) through (d) No change

Rulemaking Authority 39.012, 39.0121(2) FS. Law Implemented 39.301(4), (9)(a), 39.401 FS. History–New 5-4-06, Amended 2-25-16, 6-17-19. Amended __________.

 

65C-30.016 New Children in Families under Supervision.

(1) through (4) No change.

(5) The new child’s name and demographics shall be entered into the child welfare information system FSFN as part of the existing case immediately upon learning of the child’s presence.

Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.6013, 39.701(1) FS. History–New 5-4-06, Amended 2-25-16, 11-12-17. Amended _________________.

 

65C-30.018 Out-of-County Services.

(1) through (4) No change.

(5) If the receiving county is recommending a denial of the adoption home study, the case will be reviewed by an Adoption Applicant Review Committee (AARC) in the county of jurisdiction, in accordance with subsection 65C-16.005(9), F.A.C. If the AARC determines that the home study should be approved, the home study must be updated in the child welfare information system Florida Safe Families Network (FSFN) by the receiving county, showing the home study as approved based on the recommendation of the AARC.

(6) through (8) No change. 

(9) When disputes arise between the county of jurisdiction and the receiving county and the individual contracted service providers or CBC lead agencies cannot reach a resolution, the regional liaison within the region or the liaisons in the two (2) regions involved shall assist in reaching a resolution. When necessary, the CBC lead agency chief executive officers, or their designees, will be consulted in seeking a resolution. As a last resort, the Department Regional Family Safety Program Office shall be consulted in reaching a resolution.

(10) through (12) No change. 

Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.521, 39.6011, 39.6012, 39.701 FS. History–New 5-4-06, Amended 2-25-16, 12-24-17. Amended ___________.

 

65C-30.020 Child Fatalities.

(1) Any employee of the Department or, the contracted service providers or sheriffs’ offices who conduct child protective investigations, who has knowledge of a child’s death and who has reasonable cause to suspect that the child died as a result of abuse, neglect or abandonment shall immediately report the death to the Florida Abuse Hotline. A report is required even when there are no surviving children living in the home.

(2) Whenever a case manager learns that a child under supervision has died, that case manager shall immediately orally report the occurrence through the established chain of command to the community-based care (CBC) lead agency Chief Executive Officer or designee. Upon learning of the death, the CBC Chief Executive Officer or designee shall immediately orally notify the regional Department leadership or designee managing director and regional child fatality prevention specialist. Written notice shall be made within 24 hours of the death.

(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, within two (2) hours of the oral notification:

(a) Secretary of the Department;

(b) State and Regional Department Leadership Deputy Secretary;

(c) State and Regional Child Fatality Prevention Specialists; and Assistant Secretary for Child Welfare;

(d) General Counsel. Director of Child Welfare Operations;

(e) Director of Child Welfare Practice;

(f) Assistant Secretary for Operations;

(g) Regional Managing Director;

(h) Regional Family and Community Services Director or designee;

(i) Statewide Child Fatality Prevention Specialist;

(j) Regional Child Fatality Specialist; and,

(k) Legal Services General Counsel.

(4) Upon receipt of a call concerning a child death, Florida Abuse Hotline staff shall:

(a) through (b) No change.

(c) When a report is received involving an alleged victim in an open protective investigation that has died as a result of abuse, neglect or abandonment which resulted in the open protective investigation, the report shall be categorized as a “supplemental” report and the maltreatment of “death” shall be added to the existing protective investigation by the Hotline. Enter an additional report when a child died during the investigation of a report that initially alleged an abuse, neglect or abandonment incident that later resulted in the child’s death. If the reporter is repeating information already received in a previous call, a supplemental information report shall be entered. In all other cases, an initial report shall be entered.

(d) When a report is received involving an alleged victim in an open protective investigation that has died as a result of a new incident of abuse, neglect or abandonment, an “additional” sequence shall be added to the open investigation.

(5) Whenever it appears that a child died as a result of abuse, neglect or abandonment, or when a child dies for reasons unrelated to abuse, neglect or abandonment during the course of an active child protective investigation, a child protective investigator (CPI) shall notify the regional child fatality prevention specialist and conduct a thorough investigation of the circumstances surrounding the death. The investigation shall consist of:

(a) No change

(b) Reviewing information entered into the child welfare information system FSFN for accuracy and completeness prior to closure. For the purposes of documenting the “Victim Seen” time in the child welfare information system FSFN, the date and time of the professional collateral contact with medical staff or law enforcement personnel attesting to the child’s death shall suffice to record the “First Seen” date and time for the victim. Appropriate findings shall be entered for maltreatment.

(c) through (f) No change.

(6) No change.

(7) Any Department employee or, community-based care provider or sheriff’s department staff member providing child protection services shall cooperate with the Department of Children and Families, Critical Incident Rapid Response Team, and participate as needed on the Department of Health local Child Abuse Death Review team.

(8) No change.

Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.201(2)(a), 39.2015(1), (6), 39.301(9)(a), (11), (16), (17) FS. History–New 5-4-06, Amended 2-25-16, 1-9-17, 7-25-17. Amended ______________.

 

65C-30.022 Termination of Services.

(1) No change.

(2) Prior to terminating any services case, the case manager shall complete a progress update in the child welfare information system FSFN and/or a Judicial Review Social Study Report (JRSSR). The case manager shall also determine whether there is an open or pending child protective investigation or whether within the previous three (3) months a child abuse, neglect or abandonment report has been received on any child in the case. For both court ordered and non-judical cases, if any of these situations apply, the supervisor of the case manager supervisor shall be required to review and approve the case closure before a non-judical case may be closed or a recommendation may be made to the court to close a court ordered case.

(a) through (b) No change.

(3) No change.

Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.701(2)(a) FS. History–New 5-4-06, Amended 2-25-16. Amended ______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Valerie Proctor

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 12, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2023