The Department intends to amend 65C-28.013, F.A.C, Indian Child Welfare Act, to incorporate a form and clarify required communication between the Department and the Indian Tribe.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.013Indian Child Welfare Act

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-28.013, F.A.C, Indian Child Welfare Act, to incorporate a form and clarify required communication between the Department and the Indian Tribe.

SUMMARY: The amendments accomplish the following: (1) Incorporates the Verification of Indian Child Welfare Act Eligibility form; and (2) Requires immediate notification of the Indian Custodian and Tribe in cases involving an American Indian child when either an out-of-home plan is initiated or when the potential outcome is a dependency action.

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(12), (13), FS.

LAW IMPLEMENTED: 39.0137, 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-28.013 Indian Child Welfare Act

The Indian Child Welfare Act of 1978 (the Act ICWA) is federal legislation found in 25 U.S.C. 1901 et seq., that governs child custody proceedings involving children who are members of an Indian tribe or Alaskan Native children as defined by the Act.

(1) The child welfare professional shall determine at the onset of each child protective investigation if the child is a member of an Indian tribe or Alaskan Native child as defined by the Act. To determine eligibility, the child welfare professional shall complete the Verification of Indian Child Welfare Act Eligibility form, CF-FSP 5323, January 2008, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, and submit it to the Children’s Legal Services (CLS) attorney. A Spanish version of the Verification of Indian Child Welfare Act Eligibility form, CF-FSP 5323S, is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX. If a child involved in a child protective investigation is suspected of identified as being eligible for the protections of the Indian Child Welfare Act, CLS shall notify the Tribe immediately, but in no case later than one business day, and all legal proceedings and case planning activities shall be in compliance with the provisions of the Act and with any existing written Tribal Agreements between the Department and the child’s tribe, unless or until it is determined that the Child is not eligible for the protections of the Act. All child protective investigations, ongoing safety and case management, and legal proceedings activities shall be documented in the Florida Safe Families Network (FSFN).

(2) The Indian child’s parent or Indian custodian and his or her tribe shall be noticed of all legal and case planning activities. All notifications provided to the tribe shall be documented in FSFN. Any correspondence to or from the tribe shall be documented in FSFN and made a part of the court record and the Department or contracted service provider shall request of to the court that the child’s eligibility for the protections of the Indian Child Welfare Act be included in all findings and orders of the court.

(3) No change.

(4) If the tribe does not respond to written notification by the Department that an Indian child is the subject of an investigation, the Department or contracted service provider shall continue with ongoing efforts to communicate with the tribe. If the Indian tribe does not respond after continued efforts to communicate with the tribe have been made, the Department or contracted service provider shall write or call the Bureau of Indian Affairs area office located in the geographic region of the United States in which the child’s tribe is located. Cases in which Indian ancestry has been reported to the Department or contracted service provider shall be handled as ICWA cases until proven shown to be otherwise.

(5) through (8) No change.

Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.0137 FS. History–New 5-4-06, Amended 5-8-16, ______

 

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: November 5, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 15, 2019