The Department of Children and Families intends to amend several rules within Chapter 65C-28, Out-of-Home Care, to implement legislative changes; implement the federal Fostering Connections to Success and Increasing Adoptions Act of 2008; implement ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-28.001Definitions

65C-28.002Visitation

65C-28.003Medical Treatment

65C-28.004Placement Matching Requirements

65C-28.005Changing Placements

65C-28.006Permanency Staffings

65C-28.007Voluntary Licensed Out-of-Home Care

65C-28.009Adolescent Services

65C-28.010Minor Parents in the Custody of the Department

65C-28.011Criminal, Delinquency and Abuse/Neglect History Checks for Relative and Non-Relative Placements

65C-28.012Home Studies for Relative and Non-Relative Placements

65C-28.013Indian Child Welfare Act

65C-28.014Behavioral Health Services

65C-28.015Residential Mental Health Treatment

65C-28.017Exit Interviews

65C-28.018Meeting the Child's Educational Needs

65C-28.019Normalcy

PURPOSE AND EFFECT: The Department of Children and Families intends to amend several rules within Chapter 65C-28, Out-of-Home Care, to implement legislative changes; implement the federal Fostering Connections to Success and Increasing Adoptions Act of 2008; implement the care of children; quality parenting; “reasonable and prudent parent” standards established in Florida Statute 409.125; clarify the Department’s role and responsibility in documenting information in the State Automated Child Welfare Information System (SACWIS); add language to ensure children’s educational needs are met; and align language to adhere to the Florida Safety Decision-Making Methodology business model.

SUMMARY: The amendments clarify placement matching requirements; incorporate a “Partnership Plan”; require parental notification of any placement change and the reason for the placement change; add a time limit on voluntary medical licensed out-of-home care and specifies conditions of return; for children age 13 and older, require that case plans include programs and services which will help prepare the child for independent living and require monthly discussions regarding life skill needs; repeal language duplicative of statute; incorporate an “Other Parent Home Assessment”; add a rule regarding meeting children’s educational needs and permitting homeschooling; and add a rule regarding normalcy and the “reasonable and prudent parent” standard.

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, 39.0138, 39.307, 39.407, 39.4091, 39.5075, 39.5085, 394.4781, 394.9082, 409.145, 409.1451, 409.165, 409.175, 743.0645 FS.

LAW IMPLEMENTED: 39.0132, 39.0137, 39.0138, 39.0139, 39.307, 39.401, 39.402, 39.407, 39.4085, 39.4091, 39.501, 39.504, 39.506, 39.5075, 39.5085, 39.521, 39.522, 39.6011, 39.6012, 39.6035, 39.621, 39.624, 39.701, 39.811, 394.4781, 394.4785, 394.479, 394.495, 394.9082, 409.145, 409.1451, 409.165, 409.401, 409.996, 743.064 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] or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

65C-28.001 Definitions.

All definitions for this rule are located in Rule 65C-30.001, F.A.C.

Rulemaking Authority 39.012, 39.0121(3), (6), (7), (12), (13), 39.407(1), 39.5085(2)(a), (d), 394.4781(3)(c), 394.9082 409.401 FS. Law Implemented  39.001, 39.01, 39.012, 39.401(3), 39.407, 39.6011, 39.601, 39.407, 39.5085, 39.521, 39.701, 394.9082, 409.165(1), 409.401 FS. History–New 5-4-06. Amended_____

 

65C-28.002 Family Time Visitation

(1) Family Time Visitation between a Child in Out-of-Home Care and Parents.

(a) Family Time Visitation between the child and the child’s parents shall occur in accordance with court orders and setting such visitation as reflected in the case plan and safety plan. If at any time, the safety of the child can not be assured, precludes family time visitation, the visitation shall be suspended for up to 72 hours and the Ddepartment or contracted service provider shall contact Children’s Legal Services to determine what steps will be taken to modify family time. immediately, not to exceed 72 hours,  request a court hearing to address the issue vitstaiton. Family time Visitation between a child and parents may only be limited or terminated by order of the court, which shall be reflected in the case plan. There shall be a specific reason provided to the court for recommending no visitation or less than monthly visitation.

(b) The Department or contracted service provider shall arrange for family time when the child or parent is out of the home.  The family time plan details will be addressed and included in any child safety plan established.

(c) When a child welfare professional or designee either supervises or is a part of a visit, the activities and interactions between the child and parent during the visit shall be documented in FSFN within 48 hours of the visit.

(a) Minimally, monthly visitation between the child and parents shall be recommended to the court consistent with the case goal unless it is deemed not feasible or not in the best interest of one or more of the children concerned.

(b) If monthly visitation between the child and parents is not recommended to the court, the court shall be advised of the reasons for the recommendation. When there is a recommendation of no visitation or less than monthly visitation because it is not in the best interest of the child, the court shall be provided documentation of the reason. This documentation shall also be recorded in the case.

(c) If the court orders particular locations, times, or conditions for visits, such orders shall be followed until modified by the court.

(d) If the court does not order particular locations, times, or conditions for visits, the Services Worker shall ensure that all visits between children and parents occur in a neutral and protected setting. To the extent possible, visitation shall occur in a home-like setting and , unless unavoidable, not in an institutional setting or office. However, the safety of the children being visited shall always be the primary consideration.

(e) Visitation between a child in out-of-home care and the child’s parents may be arranged by the caregiver if the caregiver is willing and able and the court approves. If the caregiver is unwilling or unable to assume this responsibility, visitation between the child in out-of-home care and that child’s parents shall be arranged and supervised by the Services Worker, other designated staff, a visitation center or a court approved third party, unless the court has approved unsupervised visitation.

(2) Visitation among Siblings. The child welfare professional responsible for the case Services Worker shall ensure that separated siblings under supervision maintain visitation in-person contact unless the visitation would be contrary to compromise the safety or well-being of any of the children either child. Sibling visitation shall only be limited or terminated by order of the court, which shall be reflected in the case plan.

(a) Weekly in-person visitation between separated siblings shall be recommended to the court unless it is deemed not feasible or not in the best interest of one or more of the children concerned.

(b) If weekly in-person visitation between separated siblings is not recommended to the court, the court shall be advised of the reasons for the recommendation. When there is a recommendation of no visitation or less than weekly visitation because it is not in the best interest of the child, the court shall be provided clinical documentation of those reasons.  Whenever no visitation or less than weekly visitation is recommended, the reasons shall be documented in the case file.

Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.0139, 39.001(1)(k), 39.402(9), 39.4085(15), (16), (20),  9.4086(2)(g), 39.504(3)( b) 5., 39.506(6), 39.521(1)(d)2., (3)(b)1., (d), 39.701(2)(6)(a)7., (2)(c)6 39.701(7)(e), (8)(d), 39.811(7)(b), 39.822(1)  FS. History– New 5-4-06. Amended_____

 

65C-28.003 Medical Treatment.

(1) If a child in out-of-home care appears to be suffering from illness or injury requiring medical intervention, the child welfare professional, upon notification, Services Worker or the out-of-home caregiver shall take the child to the child’s health care provider for a health care screening or treatment. If there is a medical emergency or an urgent need for medical attention, the child shall be taken to the nearest available health care provider or hospital. See subsections 65C-28.004(7) and (9), F.A.C., regarding requirements when placing children with special medical needs or communicable diseases.

(2) Ongoing health care and treatment provision shall include physical, dental and vision examinations as required by Chapter 59G-4, F.A.C., “Medicaid Services.”.

(a) If a child is Medicaid eligible, these services shall be sought first obtained  through Medicaid providers. If a child is not Medicaid eligible, or if a Medicaid provider is not available or appropriate, then necessary services shall be obtained  using other providers. these services shall still be provided.

(b) If the child welfare professional responsible for the case services worker or CPI receives a notice for a scheduled cChild hHealth cCheck-up,  he or she shall send immediately send copies to the child’s custodial parent, the child’s licensed out-of-home caregiver foster parent,  or relative or non-relative caregiver and the child’s guardian ad litem, if appointed. Information pertaining to the child’s health check-up shall be documented in FSFN within 48 hours after the check-up by the child welfare professional responsible for the case.

(3) The parents shall remain financially responsible for the medical care and treatment of a child in out-of-home care when that medical care and treatment is not covered by Medicaid. For children who are not covered by Medicaid but have private insurance coverage, the child welfare professional Services Worker and the out-of-home caregiver shall cooperate with the child’s health insurance provider in identifying medical providers that will accept the insurance coverage. Unless the child is Medicaid eligible, the parent is responsible for payment in all situations in which the child receives a medical examination or treatment, irrespective of the parent's consent to such examination or treatment. However, the inability or failure of the parent to meet this payment responsibility shall not delay the receipt of a medical exam or treatment. The financial responsibility of the parent ends when parental rights are terminated.

(4) Whenever possible, the caregiver, in cooperation with the parent shall select a primary health care provider who accepts Medicaid and is an enrolled Medicaid provider. When the county public health clinic is the child’s primary health care provider, the Services Worker shall assist the caregiver in transferring the child’s care to the county public health clinic nearest to the caregiver’s residence.

(5) The Services Worker and licensed caregivers shall receive training in regard to and comply  with the federal Health Insurance Portability and Accountability Act which provides procedures regarding the management and protection of personal health information. The Services Worker shall inform relative and non-relative caregivers regarding the requirements of HIPAA.

(4)(6) Required Actions to Gain Medical Consent at Time of the Shelter Hearing Removal. At the time of removal, the Child Protective Investigator (CPI) shall ask the parents to provide written consent for ordinary medical treatment or medication. If the parent is unable or unwilling to give such consent, then Tthe Children’s Child Welfare Legal Services attorney shall request ask at the shelter hearing for a blanket court order authorizing the custodian, as named in the order, to give consent for ordinary medical treatment and medication on an ongoing basis. No consent is needed for treatment or medication rendered in the event of an emergency as documented by the attending physician.

(5)(7) Consent for Medical Care of Children in Out-of-Home Care When Parental Rights Have Not Been Terminated. There are three types of medical care and treatment,; each of which requires its own method to obtain consent for medical treatment. This may include a relative or non-relative who has been granted custody by the court. The attending physician shall determine the type of care needed.

(a) Ordinary Medical Care and Treatment. After a child is adjudicated dependent, the contracted service provider may delegate authority to consent to ordinary medical care and treatment to the out-of-home caregiver if the child remains in the custody of the Ddepartment. A court order placing the child in out-of-home care should specify individuals who are authorized to consent to ordinary medical care and treatment for the child.

(b) Extraordinary Medical Care and Treatment. If the health care provider determines that an illness or injury requires medical treatment beyond ordinary medical care and treatment, but is not an emergency, the express and informed consent of the child’s parent for the treatment shall be sought. If a parent provides express and informed consent for any extraordinary medical procedure, the form and content of the consent shall be as directed by the prescribing health care professional.

1. If the parent is unavailable, unwilling or unable to provide informed consent for the proposed medical care, the child welfare professional CPI or Services Worker shall consult with the medical provider to determine if the treatment should be required. If the parent is unavailable or unable to provide informed consent for the proposed medical care or Iif consultation with the medical provider results in a determination that the treatment should be required, to ensure that the medical care is obtained, the child welfare professional CPI or Services Worker shall seek and obtain an order of the court authorizing the treatment prior to the treatment being rendered. The prescribing health care professional will be directed by Section 394.459(3), F.S., in the form and content of the express and informed consent. In cases when the child is prescribed psychotropic medications, the procedures established in Section 39.407(3), F.S., will be followed.

2. If a court order is required to obtain authorization for any extraordinary medical procedure, the following information, at a minimum, shall be included in the request for a court order:

a. Present diagnosis and known past medical interventions for the treatment of this condition;

b. A statement that the prescribing health care professional has reviewed all medical information concerning the child that has been provided;

c. The name and requested administration range for any medication requested;

d. A statement recommending the proposed procedure signed by the attending physician;.

e. An analysis of the risks and benefits of the prescribed treatment for the particular child;

f. Alternatives to the treatment being recommended and the rationale for selecting the particular treatment recommended; and

g. Interventions other than the extraordinary medical care and treatment that are or shall be ongoing in conjunction with the care and treatment.

(c) Emergency Medical Care and Treatment. Although parents shall be involved whenever possible, obtaining consent is not required for emergency care and treatment. If the emergency care and treatment is provided without parental consent, the child welfare professional CPI or Services Worker shall ensure the parent and the guardian ad litem, if appointed, are notified no later than 48 hours as soon as possible after the treatment is administered. The child’s case file shall contain a statement signed by the attending physician that the situation was an emergency and the care was needed to ensure the child’s health or physical well-being. The case file shall also contain documentation that the parent and guardian ad litem, if appointed, were notified as soon as possible after the treatment was administered. If the parents are unable to be located aAll attempts to locate and notify parents shall be documented in the child’s case file.

(6)(8) Consent for Medical Care for Children in the Custody of the Department when Parental Rights Have Been Terminated.

(a) Ordinary and Emergency Medical Care and Treatment. When a child is placed in the custody of the Ddepartment following the termination of parental rights, the Ddepartment or contracted service provider shall provide consent for ordinary medical care or emergency care of the child. The child welfare professional responsible for the case Service Worker shall provide documentation of the their consent for the ordinary medical care or emergency care condition and document in FSFN. the child’s case file. When a child has received emergency medical care or treatment, the child’s case file shall contain a statement signed by the attending physician that the situation was an emergency and the care was needed to ensure the child’s health or physical well-being.

(b) Extraordinary Medical Care and Treatment. When a child is placed in the custody of the Ddepartment following the termination of parental rights, the Ddepartment or contracted service provider shall not provide consent for extraordinary medical care or treatment. Authorization for the extraordinary medical care or treatment shall be obtained by the Ddepartment or contracted service provider from the court. Notification to the parent is not required when parental rights have been terminated; however, the guardian ad litem, if appointed, shall be notified.

(9) Consent for Children in the Custody of Relatives or Non-Relatives When Parental Rights Have Been Terminated. The ability of the relative or non-relative to provide consent to treatment when the child is placed in the custody of the relative or non-relative and the parental rights of the child have been terminated shall be as determined in the court order placing the child with the relative or non-relative.

(7)(10) Required Documentation for Medical Care and Treatment.

(a) During the initial removal or no later than the first court proceeding thereafter, the child welfare professional responsible for the case CPI or Services Worker shall request the following information from the child’s parents, family members, other caregivers, or health care providers: medical history of the child; medical history of the child’s family and medical consents from the child’s parent or guardian. This information shall be placed used in developing the Child’s Resource Record.

(b) All actions taken to obtain medical history and parental consent for medical screening, treatment, medications or immunizations shall be documented in FSFN and a copy provided to the out-of-home caregiver for placment in the Child’s Resource Record the child’s case file. If parental consent is received, a copy of the “Consent for Treatment and Release of Medical Information”, CF- FSP 4006, October 2005 September 2000, which is incorporated by reference and available at www.dcf.state.fl.uc/dcfforms, shall be placed in the child’s case file and a copy provided to the caregiver for placement in the Child’s Resource Record, as defined in 65C-30.001, F.A.C.

(c) A copy of any court orders authorizing treatment shall be documented in FSFN included in the case file., and a second copy provided to the out-of-home caregiver for placement in the Child’s Resource Record.

(d) Documentation of Aany notification provided to parents or others regarding a child’s medical treatment shall be documented in FSFN.

(8)(11) Notification of parents. The child welfare professional CPI or Services Worker shall ensure that the child’s custodial parent is notified  within 48 hours as soon as possible following any medical treatment of the child where the parent was not involved in providing consent for the treatment.

Rulemaking Authority 39.012, 39.0121(6),(12), (13), 39.407(1), 743.064, 743.0645 FS. Law Implemented 39.407, 743.064 FS. History–New 5-4-06, Amended______.

 

65C-28.004 Placement Matching Requirements.

(1) Appropriate placement matching begins prior to the the child’s placement. When a child unable to be placed with a parent, tThe most appropriate available out-of-home placement shall be chosen after analyzing the child’s age, gender sex, sibling status, special physical, educational, emotional and developmental needs, alleged type of abuse, neglect or abandonment, community ties and school placement, and potential responsible caregivers that can meet the child’s needs. The child welfare professional responsible for the case shall gather  information about the child and document it in the appropriate section of the child’s FSFN record. In making a placement with a relative or non-relative, the Services Worker shall consider whether  caregiver would be a suitable adoptive parent if reunification is not successful and the caregiver would wish to adopt the child. For children who are not U.S. citizens, see subsection 65C-30.007(17), F.A.C., for the actions required to promote the establishment of the child’s legal immigrant status under specified circumstances.

(2) The child welfare professional responsible for the case shall complete the Unified Home Study to determine whether a relative or non-relative is responsible and capable of meeting the child’s needs. When a child is unable to placed with a relative at the time of initial placement, the Department or contracted service provider shall seek to identify persons with an established relationship with the child for consideration before placing the child in a licensed out-of-home care placement setting. When a child enters care and has a sibling that has been previously adopted or is in an adoptive placement, the adoptive parents of the sibling shall be contacted and, if interested, considered for placement.

(3)(2) Multiethnic Placement Act of 1994, 42 U.S.C.A. § 671(a)(18) P.L. 103-3821, and the Interethnic Adoption Provisions of the Small Business Job Protection Act of 1996, P.L. 104-188, 110 Stat. 175 104-108. These federal laws require that every placement decision for children in the care or custody of the Ddepartment be made without regard to the race, ethnicity, color, or national origin of the child or the adult with whom the child is to be placed. The selection and placement of a child into an initial or subsequent licensed foster care placement shall not be delayed or denied on the basis of the race, color, or national origin of the caregiver or the child.

(3) The McKinney-Vento Homeless Assistance Act requires that all homeless children, including children placed in an emergency shelter and continuing in out-of-home care while awaiting foster care placement, to have equal access to the same free, appropriate public education as other children. This requires that efforts be made to continue the child's education in the school of origin for the duration of the removal episode unless the child is placed in another school district or out-of state. The Child Protective Investigator (CPI) at time of removal or Services Worker following case opening shall arrange for this continuation by contacting the school of origin and notifyingnotify it of the need for transportation services to and from the school.

(a) Efforts shall be made to continue the child’s attendance in the school of origin whether the placement in shelter occurs between academic years or during an academic year.

(b) Continuing efforts shall be made to maintain the child’s attendance at the school of origin for the remainder of the academic year if the child is subsequently placed by the court in foster care or in a relative or non-relative placement during an academic year.

(c) When a child is dissatisfied with a failure to allow him or her to remain in the school of origin, he or she shall be assisted by the CPI or Services Worker to access the federally required dispute resolution process. This may be accomplished by the CPI or Services Worker following through with the dispute resolution process personally, handing the duty over to another agency employee, or referring the child to a pro bono attorney.

(4) In the case of an American Indian or Alaskan Native child, placement shall comply with the provisions of the federal Indian Child Welfare Act, 25 U.S.C. §1901 et seq. including the placement preferences mandated in the Act and working in partnership with the child’s tribe in exploring appropriate placement options. If there is an existing written agreement between the Department and the child’s tribe, compliance with the placement guidelines established in that agreement will be maintained, except upon mutual written consent of the Department and the tribe to deviate from the established guidelines (see Rule 65C-28.013, F.A.C.).

(5) When the case plan goal is reunification, the child shall be placed in a setting in as close proximity as possible to the caregiver with whom reunification is planned. If the child is not placed within close proximity to the caregiver with whom reunification is planned, all efforts made to place the child within close proximity shall be documented in FSFN.

(6) When a concurrent case plan is in effect, the child shall be placed in a setting where the caregivers are willing to both assist the biological family in successfully completing required tasks, which shall allow for the safe return of the child to his or her home, and be willing to provide a long-term, permanent and stable living arrangement in the event that reunification is not achieved. In the event that reunification is not an option, all efforts shall be made to find an adoptive placement for the child as expeditiously as possible if adoption is the goal of the case plan.

(6) When a child is placed in licensed out-of-home care, the child welfare professional responsible for the case shall:

(a) Review with the out-of-home caregiver the care and supervision needs of the child;

(b) Provide the licensed out-of-home caregiver the Child’s Resource Record. The Child’s Resource Record from previous placement(s) shall be reviewed with the out-of-home caregiver upon the child’s new placement. The child welfare professional responsible for the case  shall discuss with the licensed out-of-home caregiver the caregiver’s role in maintaining and updating the Child’s Resource Record.

(c) Sign a copy of the “Partnership Plan for Children in Licensed Out-of-Home Care,” CF-FSP 5226, January 2015, incorporated by reference and available at www.dcf.state.fl.uc/dcfforms,  and obtain a signature of  the out-of-home caregiver, attesting acknowledgment of the requirements at time of placement.

(d) Place the “Partnership Plan for Children in Licensed Out-of-Home Care” in the child’s case record.

(7) Placement of Children with Special Physical, Medical, Emotional, Educational or Developmental Needs.

(a) When an assessment identifies that the child has special physical, medical, developmental, educational or emotional needs, the child shall be placed in an environment that is the most appropriate and least-restrictive setting where those needs can be met. The child welfare professional responsible for identifying the placement or placement staff shall document in FSFN all efforts made to secure the most appropriate placement.

(b) Regardless of the results of a specialized special needs assessment,  Tthe  child welfare professional responsible for the case CPI or Services Worker shall provide the child’s assessment and results immediately notify to the child’s custodial parent, the child’s foster parent or relative or non-relative out-of-home caregiver, Children’s Legal Services attorney, and the child’s guardian ad litem, if appointed.

(c) The child welfare professional responsible for the case CPI or Services Worker shall document in FSFN the case file any notification provided to parents and or others regarding a child’s special needs  assessment and results, any referrals for assessments and any referrals made as a result of the assessment results.

(d) Whenever a special need is suspected, the child’s parents and the guardian ad litem shall be notified as soon as possible.

(d)(e) When a special need is recognized Prior to placement outside of the home, the person making the placement shall explain to the out-of-home caregiver describe to the placement unit the special needs of the child that must shall be met by the placement.

(e)(f) Whenever a special need is suspected, the child welfare professional responsible for the case CPI at time of removal or Services Worker following case opening shall take steps within three working days to address the need(s) need. Actions that shall be taken include, as appropriate:

1. If the suspected special need is a mental health or substance abuse related disorder, determine if the child has had a CBHA within the last year. If the child has not had a CBHA within the preceding twelve months and the disorder suspected is a mental health or substance related disorder as defined in the DSM-IV-R, ensure that a referral for a CBHA is made within three working days of notification of the suspected need.

2. If the special need suspected is not a mental health or substance abuse related disorder, ensure that an appointment is made to screen the child by his or her primary care physician or appropriate medical personnel for determination of the child’s needs. If an educational need, ensure that a referral is made to the child’s school for further assessment.

13. If the child is suspected or identified as needing medical foster care having a medical special need, the child shall be referred to the local Children’s Multidisciplinary Assessment Team (CMAT) within five (5) business days. If the CMAT refers the child for medical foster care services, the child welfare professional Services Worker or other designated staff shall coordinate with the Medical Foster Care program in the local area regarding arrangements necessary to meet the child’s needs. Services shall be coordinated and provided in accordance with the Medical Foster Care Statewide Operational Plan, April 2014, incorporated by reference and available at http://www.floridahealth.gov/AlternateSites/CMS-Kids/providers/documents/MFCPlan.pdf. This plan is an inter-agency agreement between the Department of Children and Family Services, Department of Health’s Children’s Medical Services program and the Agency for Health Care Administration.

24. If the child is suspected or identified as having a developmental delay or condition, a referral for an assessment and any documentation to support the need for developmental services shall be obtained and eligibility for developmental services shall be obtained by the child welfare professional responsible for the case applied for as soon as the need is recognized.

35. 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, the child welfare professional CPI or Services Worker shall ensure that an application is made for the benefits on behalf of the child and documented in FSFN.

4. If the child is suspected or identified as having a mental health issue, a referral for an assessment shall be obtained by the child welfare professional responsible for the case.

56. The child welfare professional shall eEncourage and provide necessary support to the parent and out-of-home caregiver in participating in the assessment or medical evaluation process.

(f)(g) When a disability is determined and a need for services is identified, the child welfare professional person making the placement shall:

1. Provide the results of the assessment or medical examination to the placement authority as soon as possible , for review of placement options;

2. Coordinate the transfer of information between the caregiver, the physician, and the placement unit; and

3.aArrange for services for the child or supports for the out-of-home caregiver. any change in placement for the childnecessitated by the determination.

(8) Placement of Children with Special Educational Needs.

(a) If a child is identified in any assessment or suspected of having special education needs, the Services Worker shall ensure that the child’s school has been notified of such educational needs.

(b) If, prior to entry in out-of-home care, a child has been determined to have such needs, the CPI or Services Worker, as appropriate, shall inform the child’s school officials that the child has entered out-of-home care.

(c) The Services Worker shall refer the child for appointment of a surrogate parent when the need for a surrogate parent is identified in accordance with Rule 6A-6.0333, F.A.C. Placement of the child shall take into account the caregiver’s willingness and ability to participate in the child’s educational plan. The following conditions apply when determining if there is a need for a surrogate parent appointment:

1.  The requirements for the need for a surrogate parent as set forth in Rule 6A-6.0333, F.A.C., are met.

2. Students with disabilities who are living with relatives may be represented in educational meetings by the relative as long as the relative meets the requirements for a surrogate parent as set forth in paragraphs 6A-6.0333(1)(a)-(e), F.A.C.

3. Students with disabilities living in family foster homes do not require a surrogate parent. Licensed out-of-home caregivers meet the definition of “parent” under Section 1000.21, F.S.

4. Students with disabilities living in group-care settings or with non-licensed non-relatives require a surrogate parent unless one of the child’s parents desires to represent the child in regard to his or her special educational needs. The operators and staff of group care facilities other than family foster homes may not serve as surrogate parents.

5. Services Workers and other department or contracted service provider staff shall not serve as surrogate parents for children whom they serve.

(8)(9) Placement of Children with Communicable Diseases.

(a) The preferred out-of-home placement for a child with a communicable disease who is exhibiting symptoms related to such disease is with a relative or non-relative or in a licensed out-of-home setting with caregivers specifically trained for such purpose.

(b) When it is necessary for infants born of mothers suspected or known to have communicable diseases to undergo medical treatment or testing immediately after birth, the Ddepartment or contracted service provider shall obtain either parental consent or a court order in an expeditious manner, to allow the medical treatment to go forward. If a court order will be necessary, Children’s Child Welfare Legal Services shall be contacted immediately after the birth in order to expedite court involvement.

(c) When a child who has such a disease and is asymptomatic but exhibiting behaviors likely to increase the risk of transmission of the disease to others, such as biting, spitting or the exchange of blood or semen, the child shall be placed, whenever possible, in a home where no other children are present, until the child is medically cleared or the child’s behavior no longer poses a threat. When a placement in a home where no other children are present is not available, all efforts to secure such a placement shall be documented in FSFN.

(d) Confidentiality of Records. The following written statement shall be provided to the out-of-home caregiver or provider: “This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of such information without the specific written consent of the person to whom such information pertains, or as otherwise permitted by state law.”

(9)(10) Placement of Children Who Are Victims of Sexual Abuse.

(a) When a child is a known identified as a victim of sexual abuse and needs to be placed in out-of-home care, the child welfare professional responsible for the case CPI or Services Worker shall take actions to ensure that the needs of the child for emotional safety and recovery are addressed and that precautions are taken in regards to the safety of other children in the same setting in the event the child exhibits problematic sexual behavior. ensure that the following safeguards are implemented.

(b)1. The caregiver shall be is given detailed and complete information. This information shall include, but is not limited to, the date of the sexual abuse incident(s), the type of abuse, the nature and history of the child’s relationship to the perpetrator, a brief narrative of the event, the type of treatment the child received and the outcome of the treatment.

2. The caregiver is able to access a Services Worker or other contracted service provider employee if assistance is required.

3. In partnership with the caregiver, the CPI or Services Worker shall  outline a plan of care to handle any special management issues identified in the child’s history and assessment. The plan of care shall include the following:

a. Placing the sexually abused child in a private bedroom until the child becomes better known to the caregivers unless the child’s treatment provider indicates a private bedroom is not appropriate

b. Limiting access to the child’s bedroom by establishing and enforcing ground rules regarding who is allowed to visit whose bedroom and under what conditions;

c. Establishing rules regarding bathroom use, including that one family member at a time uses the bathroom with the door fully closed, unless a child requires assistance or cannot use the bathroom by his or her self;

d. Establishing an age appropriate dress code that outlines the type of clothing acceptable, where such clothing is acceptable and with whom present, such as not walking around the house in underwear; and

e. Establishing reasonable guidelines concerning appropriate physical boundaries the manner and extent of the expression of affection between the child and others as well as guidelines with respect to which persons may be left alone together, and under what circumstances.

(b) When placing a child who has been a victim of sexual abuse in out-of-home care, a written safety plan shall be completed by the person making the placement and the out-of-home caregivers , and signed by the same.

(c) If any child in out-of-home care has been identified as being a victim of sexual abuse, but has not had a clinical consultation with a professional trained in treating child sexual abuse, a referral shall be initiated by the person making the placement or his or her supervisor within three working days of the child being so identified. The consultation shall address the treatment, service and placement needs of the child and shall yield a written report to be included in the child’s file.

(10)(11)  Placement of Children With Behaviors That May Result in Harm Who Are Alleged Juvenile Sexual Offenders, Exhibiting Sexually Inappropriate Behaviors or Who Are Sexually Reactive.

(a) When it is necessary to place a child who is known to have any behaviors that may result in harm, the person making the placement shall implement safeguards to ensure that the needs of the child for supervision, treatment and interventions  are addressed and that the safety of other children in the same setting is ensured. The child welfare professional responsible for the case shall document the safeguards in the child’s behavior management plan.

(a) When it is necessary to place a child who is an alleged  juvenile sexual offender, and is exhibiting or has exhibited sexually inappropriate behaviors, or who is sexually reactive, the person making the placement shall:

1. Complete the case transfer forms or Gather like information, including information related to the child’s abuse history; previous assessments or evaluations; support services; forensic/disclosure interviews; placement;  and complete and detailed information regarding the child’s own sexual behavior.

2. Ensure that the child is the youngest child placed in the home unless the placement is a treatment facility with adequate video monitoring. When matching a child exhibiting sexually abusive or reactive behaviors to a substitute care placement, consideration shall also be given to factors that increase the vulnerability of other children living in the home, such as mental and/ or emotional disability, physical disability, chronic illness and physical size.

(b)3. The person making the placement shall pProvide the caregivers with written, detailed, and complete information regarding the circumstances surrounding the child’s abusive/reactive behavior so that they can avoid any unwitting replication of those circumstances. Information given to caregivers shall include, but is not limited to, the dates of all known incidents; the nature of the relationship between the child and victim; the types of behavior exhibited; a brief narrative outlining the event; the types of treatment needed or provided and any current treatment outcomes.

4. Ensure that the caregiver has access to a CPI or Services Worker or other contracted service provider employee during night and weekend hours in the event emergency assistance is required.

5. In partnership with the caregiver, outline a written safety plan to handle any special issues identified in the child’s history and assessment. The safety plan shall be preventive in nature and be signed by the Services Worker and the caregiver. The safety plan shall include the following:

a. Placing a child who has exhibited sexually abusive or reactive behaviors in a private bedroom unless the placement is a facility with adequate video monitoring;

b. Limiting access to the child’s bedroom;

c. Establishing rules regarding bathroom use;

d. Establishing a dress code; and

e. Establishing reasonable guidelines concerning the manner and extent of the expression of affection between the child and others, as well as guidelines with respect to which persons may be left alone together and under what circumstances.

(b) If any child in need of or currently in out-of-home care has been identified as being sexually abusive toward others, but has not had a clinical consultation with a professional trained in the assessment of juveniles who exhibit sexually inappropriate behaviors, a referral to a clinician with such qualifications shall be initiated by the within three working days of the child being so identified.

(c) If an incident of either sexual assault, seduction,  sexual exploitation or of child-on-child sexual abuse occurs in out-of-home care, a safety plan shall immediately be developed. The safety plan shall be  preventive in nature and be signed by the Services Worker and the caregiver.

1. Consideration shall be given to the safety of all children residing in the placement.

2. If any child remains in the home, the Services Worker and any assigned therapists shall determine if immediate services are needed to stabilize or support the child involved or the placement in which he or she lives.

3. Both the alleged offender and victim shall, within three working days of the child being so identified, be referred to the appropriate mental health provider, for assessment if they do not already have therapists. Any alleged offender who has a therapist, but has not been assessed by a clinician qualified to assess juveniles exhibiting sexually inappropriate behaviors, shall be referred to such a qualified clinician within three working days of being notified of the incident.

(11)(12) Therapeutic Foster Care. The child welfare professional Services Worker shall contact the agency designee for behavioral health services Single Point of Access (SPOA) in the district/region or zone for consultation in accessing services and treatment at levels appropriate to the severity of the child’s condition, including which includes possible placement in a therapeutic foster care setting.

(13) Specialized Therapeutic Foster Care. The referral guidelines for specialized therapeutic foster care are contained in the current edition of the Florida Medicaid Community Behavioral Health Services Coverage and Limitations Handbook, March 2014,which is incorporated by reference in Rule 59G-4.050 59G-4.080, F.A.C.

(12)(14) Medicaid Fair Hearing Requirements. When a child or family has had Medicaid funded services denied, suspended or terminated, the child welfare professional CPI or Services Worker shall assist the child or family in requesting a fair hearing. The current edition of the Florida Medicaid Community Behavioral Health Services Coverage and Limitations Handbook addresses Fair Hearing Notices. Refer to Rules 65-2.042-.069, F.A.C., regarding the conduct of fair hearings.

(13)(15) These placement matching requirements apply to both initial placements and to any subsequent placements of the child.

Rulemaking Authority 39.012, 39.0121(2), (6), (12), (13), 39.307(7), 39.5075(8), 409.145(5) FS. Law Implemented 39.001(1)(d), (m), 39.01(7), (17), (48), (63), (67), (71), 39.307(1)(b), 39.402, 39.407, 39.4085(6), (7), (9), (10), (17), (23), 39.5075, 39.522, 409.145(2), 409.996(12), FS. History–New 5-4-06, Amended_____.

 

65C-28.005 Changing Placements.

(1) Except in emergency situations or when ordered by the court, the child’s parents, licensed out-of-home caregivers and the gGuardian ad lLitem or aAttorney ad lLitem, if appointed, shall be given at least two (2) weeks notice prior to moving a child from one out-of-home placement to another and the reason a placement change is necessary. In emergency situations, a change of placement can be made immediately. The child welfare professional Services Worker  shall within 72 hours inform the child’s parents, Children’s Legal Services child, family, and the gGuardian ad lLitem or aAttorney ad lLitem , if appointed, of the move and the reasons an emergency placement change was necessary.

(a) Parental notification of any placement changes shall be documented in FSFN.

(b) If the parent(s) is unable to be located, efforts to locate and notify the parent shall be documented in FSFN.

(2) The child welfare professional Services Worker shall prepare the child for a move and support the child during the re-placement process. The Services Worker  shall:

(a) Assess the suitability of the placement as set forth in Rule 65C-28.004, F.A.C.;

(b) Ensure that the new caregivers, if relative or non-relative, have met all of the requirements of Rules 65C-28.011 and 65C-28.012, F.A.C.;

(c) Prior to the change in placement, inform the child, family, child’s attorney, as well as the guardian ad litem or attorney ad litem, if appointed, of the move and the reasons a placement change is necessary.

(d) The Services Worker shall make efforts to continue the child's education in the school of origin for the duration of the removal episode unless the child is placed in another school district or out-of state. In this regard, the Services Worker shall meet the requirements of subsection 65C-28.004(3), F.A.C.

(3) The child welfare professional Services Worker shall provide supportive services to the caregiver where the child is residing to avoid a change in placement when possible. When a placement is in danger of disrupting, the child welfare professional Services Worker shall urge the caregiver to wait, when appropriate, to request removal of the child until all reasonable efforts can be made to remedy the reasons for the child’s instability. When efforts to stabilize a placement have not been successful or there are circumstances that preclude the child’s continued stay, the child welfare professional will work with the caregiver to reach agreement on a move date that takes into consideration the following needs of the child:

(a) There is an appropriate break in the school year; and

(b) An appropriate alternative placement can be located; and .

(c) Arrangements for the child’s transition to the new setting can be made and implemented.

(4) The caregiver at the new placement shall be prepared and informed prior to placement of the child and shall be given needed support to help the child transition and achieve stability strengthen and maintain the child’s placement. Out-of-home caregivers shall be given all relevant information about the child in their care while maintaining confidentiality requirements. Specifically, the child welfare professional Services Worker shall:

(a) Inform the caregiver of all identified needs of the child and of the need to obtain services for those needs;

(b) Discuss any training the caregiver may need to care for the child, including any special needs of the child and possible reactions to the specific trauma that the child has experienced;

(c) Discuss any services that the child may need and the role of the out-of-home caregiver with regard to transportation, participation in treatment sessions, communication with treatment provider(s) and potential implementation of treatment recommendations in the home;

(d)(b) Inform the out-of-home caregiver about available programs that may provide financial and medical assistance for the child;

(e)(c) Provide the out-of-home caregiver with counseling and information regarding the dependency process and support services available in the community;

(f)(d) Review with the licensed out-of-home caregivers their roles and responsibilities according to the “Partnership Plan for Children in Licensed Out-of-Home Care,” incorporated in Rule 65C-28.004(6)(c), F.A.C. The child welfare professional shall sign a copy of the Partnership Plan and obtain a signature of  the licensed out-of-home caregiver, attesting acknowledgment of the requirements at time of placement Bilateral Service Agreement; and

(g)(e) Provide to the licensed out-of-home caregiver the Child’s Resource Record. The Child’s Resource Record from the previous placement(s) shall be reviewed with the licensed out-of-home caregiver upon the child’s new placement. The child welfare professional Services Worker shall discuss with the licensed out-of-home caregiver the caregiver’s role in maintaining and updating the Child’s Resource Record.

(f) Notify parents whose whereabouts are known when the child is moved to another placement.

Rulemaking Authority 39.012, 39.0121(3), (12), (13), 409.145(5), 409.165(3) FS. Law Implemented 39.0132(4), 39.407(5), 39.522, 409.145(6), 409.165(4) FS. History–New 5-4-06, Amended_____.

 

65C-28.006 Permanency Staffings.

(1) Permanency staffings shall be held:

(a) When preparing for a permanency hearing; and

(b) As the Ddepartment or contracted service provider deems necessary.

(2) A family team meeting or conference may be used to achieve the purposes of a permanency staffing.

(3)(2) The appropriateness of When there are concurrent goals, shall be evaluted at an early decision making evaluation shall be part of each permanency staffing.

(4)(3) At a minimum, Tthe following persons shall be invited, at least ten  working days in advance, to attend:

(a) Children’s Child Welfare Legal Services (CLS) (CWLS) attorney;

(b) Child’s out-of-home caregiver;

(c) Guardian ad litem and attorney ad litem, if appointed;

(d) Child’s surrogate parent, if one is appointed;

(e) Appropriate Ccase management staff, including the child’s child welfare professional Services Worker and his or her supervisor;

(f) The school foster care liaison or other appropriate school representative;

(f)(g) Other service providers who are involved with the family and are determined by the child welfare professional Services Worker to have information pertinent to the issue of permanency;

(g)(h) The child’s parents, if available; and

(h)(i) The child, depending on his or her age, maturity level, and ability to effectively participate in the staffing, as determined by the child welfare professional Services Worker.

(5)(4) The child welfare professional shall document in FSFN efforts made to provide the child an opportunity to participate.  If a parent, his or her attorney or the Guardian ad Litem, if appointed, does not attend the permanency staffing, the department or contracted service provider shall hold other conferences, meetings or staffings where these parties shall be provided an opportunity to participate in the case planning process with other stakeholders. The case documentation shall provide evidence that such opportunities have been provided.

(5) If a child is able to understand the purpose of the meeting and could actively participate but does not attend the permanency staffing, the department or contracted service provider shall hold other conferences, meetings or staffings where the child is provided an opportunity to participate in development and discussions regarding the permanency plan. The case documentation shall provide evidence such opportunities have been provided.

(6) The standard for recommending the child’s reunification with the parents shall be based on whether the parents have substantially complied with the case plan and whether the adjudicated risk of harm to the child has been remediated to the extent the child can safely return home. At any time it is determined this standard has been met, regardless of the time since the previous permanency hearing or other court hearing, the Services Worker shall notify the CWLS attorney who shall take the matter before the court.

(6)(7) Follow-up actions from the staffing shall be documented in and placed FSFN  in the child’s record. The child welfare professional child’s Services Worker and his or her supervisor shall ensure that all follow up tasks are completed and the recommendations from the staffing, details of all services provided since the last review and any recommended changes of the permanency goal are recorded in the Judicial Review Social Study Report (JRSSR) and reported to the court.

(7)(8) Staffings shall occur with sufficient time to write Aa comprehensive JRSSR draft, which shall be provided to CLS CWLS at least 10 business ten working days prior to the judicial review hearing. CLS CWLS shall review the draft report for legal sufficiency and, if corrections are necessary, return the draft report to the child welfare professional within eight (8) business days prior to the judical review hearing shall make all necessary corrections. Corrections to the JRSSR shall be completed in order with sufficient time to provide copies to all parties at least 72 seventy-two hours prior to the hearing.

Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.407(6)(5)(g)3., 39.521(1)(b)3., (c), (d), 39.701(2), (3), (4) FS. History–New 5-4-06, Amended______.

 

65C-28.007 Voluntary Licensed Out-of-Home Care.

(1) Voluntary Non-Medical Licensed Out-of-Home Care. Licensed Placement.

(a) Before accepting a voluntary non-medical licensed placement, the community-based care lead agency shall ensure a thorough review is done on the circumstances of the child and family including: Services Worker shall conduct a thorough assessment of the circumstances.

1. The assessment shall include identification of the family’s strengths and weaknesses, Aan evaluation of whether the family’s current situation is temporary in nature and the shall provide a basis upon which a mutual decision regarding the child’s short-term placement out of the home can be made.

2. A history of the family shall be reviewed, including prior abuse reports and prior out-of-home episodes, prior to considering a voluntary placement.

3. A child shall not be accepted for voluntary placement unless current circumstances clearly indicate an out-of-home care placement of 90 days three months or less is anticipated and no dependency issue exists.

(b) The child welfare professional Services Worker shall begin immediately to identify available social, physical health, mental health, educational, and other support services within the community that would enable the parent, guardian or relative to adequately provide for the child’s care.

(c) The child welfare professional Services Worker shall, prior to considering placement in out-of-home care, assist the family in using and coordinating available services effectively, including the identification of relatives and non-relatives able to care for the child.

(d) The child welfare professional Services Worker shall provide for the child’s educational stability by determining if the child should remain in his or her current school during the time of the placement.

(2) Voluntary Medical Licensed Out-of-Home Care. If a child’s medical complexity condition is such that the parent is unable to provide or arrange for necessary care for the child and the Ddepartment or contracted service provider has determined the child would benefit from out-of-home care, the parent may apply for voluntary placement in licensed medical out-of-home care. Voluntary  medical placement is contingent upon:

(a) The child having medical needs identified and eligible for  medical foster care as determined recommended by the Children’s Multidisciplinary Assessment Team (CMAT). Once medical foster care has been recommended, the Services Worker shall coordinate with the Medical Foster Care program in the local area regarding arrangements necessary to meet the child’s needs; and

(b)  It appears that the conditions necessitating the voluntary placement can be resolved and reunification with the parent or legal guardian can occur within 180 days. Vacancies in existing medical foster homes and the capacity of an available home to meet the needs of the child as determined by the medical out-of-home care program.

(3) Once medical out-of-home care has been recommended, the child welfare professional shall coordinate with the Medical Foster Care program in the local area regarding arrangements necessary to meet the child’s needs.

(4)(3) Return of Child. When a parent or other legal guardian custodian requests in writing the return of a child in voluntary licensed placement, the child shall be immediately released once it has been verified the person requesting custody of the child:

(a) Is the same person who placed the child into voluntary placement; or is a person authorized by the person who placed the child into voluntary placement to receive custody of the child; and

(b) Has resolved the conditions that led to the voluntary placement; and

(c)(b) Appears to present no risk of harm to the child. If there appears to be a threat, the child shall not be released and the Department or contracted service provider shall seek a judicial determination at a shelter hearing. Services Worker shall take the steps necessary to protect the child. The child welfare professional Services Worker shall immediately report allegations to the Florida Abuse Hotline.

(5)(4) Voluntary Placement Agreement. When the child is placed into licensed out-of-home care voluntarily, the parent or , legal guardian or relative requesting the placement and the Ddepartment or contracted service provider shall enter into a written “Vvoluntary Pplacement Aagreement,” CF-FSP 5004, October 2005, incorporated by reference and available at www.dcf.state.fl.uc/dcfforms. which at a minimum shall specify:

(a) The child’s date of birth;

(b) The rights, obligations and responsibilities of the parent, relatives, legal guardian, child, and the department or contracted service provider during the time the child is in placement, including the parent’s child support responsibilities;

(c) The conditions under which the agreement would be breached, modified, or terminated; and

(d) The parent’s, legal guardian’s or relative’s right to revoke the agreement and to request that the child be returned home or be placed in the home of a relative.

(6)(5) Timeframes for voluntary licensed out-of-home length of stay.

(a) A child voluntarily placed in non-medical licensed out-of-home care may not remain in out-of-home care on a voluntary basis beyond 90 ninety days unless the Regional Managing Director District/ Region or Zone Program Administrator, community-based care lLead aAgency Executive Director, or a designee has determined the specific circumstances of a child or family necessitates continued placement beyond 90 days three months and has given written authorization for continuance. However, a child may not remain voluntarily placed beyond 180 days.

(b) If a child placed voluntarily in non-medical licensed out-of-home care remains in care beyond 90 ninety days, a judicial hearing shall take place within the first 180 days and the resulting court order shall include a judicial determination that the continued placement is in the child’s best interest and that reasonable efforts have been made to reunify the family. This judicial determination shall occur within 180 days of the voluntary service agreement.

(6)  Requests for Court Action. When parents, legal guardian or relative who requested the placement request their child be returned to them from a voluntary out-of-home care placement, the child shall be released unless the department or contracted service provider seeks relief from the court. If the department or contracted service provider opposes or otherwise objects to the release of the child or reunification of the family,  a judicial determination at a shelter detention hearing. shall be obtained.

Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.01(14)(c), 39.402(15), 39.701(1) (d) (3)(f) FS. History–New 5-4-06, Amended_____.

 

65C-28.009 Adolescent Services.

(1) Independent Living services and life skills services include a comprehensive array of services are available to eligible children and young adults. adolescents in the custody of the department and young adults who were in the custody of the department at the time of their eighteenth birthday. Independent living services consist of Extended Foster Care, the Road to Independence Program, either through Postsecondary Education Services and Support or Aftercare Services, pre-independent living services, and life skills development services, and subsidized independent living (SIL) services for children in the legal custody of the Ddepartment. Children in the custody of the department who are receiving independent living services remain subject to the requirements of case plans and judicial reviews until permanency is established. Aftercare Support Services, the Road-to-Independence Scholarship andTransitional Support Services available for young adults who were in the custody of the department on their eighteenth birthday.

(a) For a child age 13 or older who is in the care and custody of the Department  and in licensed out-of-home care, the child welfare professional shall include in the case plan a written description of the programs and services which will help the child prepare for the transition from living in out-of-home care to living independently and who is to provide the programs and services.

(b)(a) Older children in foster care who have disabilities or mental health needs shall be provided with an equal opportunity to participate in the continuum of independent living services. Though a youth who has a physical, emotional or learning disability may need additional support, he or she still is eligible for all independent living services from the program.

(c)(b) To ensure the equal participation of these youth, the child welfare professional Services Worker shall identify older foster children with disabilities or mental health needs and assist them with reasonable accommodations for their disabilities.

(2) Children age thirteen up to age eighteen are eligible for independent living services from the time of placement in shelter status with the department.

(3) Goal Setting. Beginning at age fourteen, upon entering ninth grade or upon entering licensed out-of-home care past the age of  fourteen, whichever occurs first, each child in licensed out-of-home care, with the assistance of his or her foster parents and the Services Worker, shall set early achievement and career goals for the child's post secondary educational and work experience as required in Section 409.1451(3)(b)1., F.S.

(a) The process shall be child-centered, and any staffings related to the child’s post-secondary or career goals, shall include the child, and shall be held in a time and place convenient to the child, taking into account the child’s school and work schedule.

(b) If the child is enrolled in the Exceptional Student Education program, such goal setting shall be coordinated with the school and agree with the Individual Educational Plan transitional plan.

(c) The case plan shall be written simply and clearly in English and, if English is not the principal language of the child, to the extent possible a copy of the case plan shall be prepared in the language of the child.

(2)(4) Independent Living Skills Staffings. Staffings for Cchildren Aage 13 and Oolder who are in an Oout-of-Hhome Pplacement. The child welfare professional shall have at a minimum monthly discussions with the out-of-home caregiver and child to address life skills needs and the out-of-home caregiver’s responsibility to provide for the life skills needs.  The child welfare professional shall document discussions with the out-of-home caregiver and child monthly in FSFN are held periodically to develop plans for meeting the identified needs of these children.

(a) Life skills Every Independent Living staffing shall include , at a minimum, address the following topics:

1. The child’s educational and work goals, including the child’s progress and any obstacles the child is facing. , If the child is enrolled in the Exceptional Student Education program, such goal setting shall be coordinated with the school;

2. What life skills the child needs and the child’s progress toward developing needed already identified skills; ,

3. The SIL program, including program requirements and benefits,

34. The Road to Independence program and Extended Foster Care, including program requirements and benefits, and the tuition fee exemption, and the Bright Futures Program; ,

5. Permanency arrangements, including the child’s wishes regarding adoption ,

46. For children age 17, the child’s plans for living arrangement after age 18 and the life skills services that may need to be continued past age 18; , and

57. Any other identified obstacles and needs the child has with regard to Independent Living.

(b) Every Independent Living staffing shall meet the following requirements:

1. The Services Worker shall attend the staffing. The Services Worker’s supervisor, Child Welfare Legal Services, the child, the child’s caregiver, the child’s guardian ad litem, and the child’s attorney, if the child is so represented, shall be invited to attend the staffing. The independent living service provider and any other individuals significant to and familiar with the child, including family members likely to be involved with the child after the child leaves foster care shall also be invited.

2. The child shall be encouraged to invite any adults who are important in the child’s life.

3. The staffing shall be conducted in and with a language the youth can understand or, if needed, through a translator, and the process shall be child-centered.

4. The staffing shall be held in a time and place convenient to the child, taking into account the child’s school and work schedule.

5. The Services wWorker shall be responsible for inviting the child’s guardian ad litem and attorney ad litem to the staffing.

(b)6. Information on from the pre-Independent Living the child’s life skills development assessment and all Independent Living staffings shall be included in the written report submitted to the court for each judicial review.

(5) Pre-Independent Living (Age 13 but not yet 15 years of age).

(a) These services include but are not limited to life skills training, educational field trips and conferences.

(b) Each child in the custody of the department shall be referred for independent living services thirty days prior to his or her thirteenth birthday. A child placed in the custody of the department after his or her thirteenth birthday shall be referred within thirty days after the court enters an order placing the child in the custody of the department.

(c) Each child in the custody of the department shall receive a pre-independent living assessment within thirty days after his or her thirteenth birthday. A child placed in the custody of the department after his or her thirteenth birthday shall be assessed within  sixty days after the court enters an order placing the child in the custody of the department. The results of the assessment shall be filed with the court and served on all parties.

1. The assessment for a child  thirteen to fifteen years of age shall be conducted through the use of a pre-independent living assessment tool; review of the file; review of other assessments and evaluations, including educational, psychological and psychiatric evaluations; personal observation and interviews with any person who is familiar with the child and can be helpful in the assessment process.

2. The Services Worker shall discuss the results of the assessment with the child and caregiver and shall use the results to determine the training and services needed for the child to begin learning skills necessary for success and self-sufficiency in the future.

3.The pre-independent living assessment shall be used to determine the child’s strengths and needs. The Services Worker shall ensure that the child’s identified needs are met. Life skills can be taught through instruction and interaction with the out-of-home caregivers or group-care staff through contracted services, referrals to community providers, one-on-one coaching and group learning sessions. The child may also be able to learn some of the needed skills in the public school curriculum.

4. For every needed skill, the Services Worker shall document in the child’s case file who is to help the child develop that skill and the timeframe in which the child will receive the training. It is the responsibility of the Services Worker to ensure the child receives all needed life skills training.

(d) Children in out-of-home care shall be fully informed when making decisions about educational options, including high school participation choices and college or vocational school entrance requirements. Possible rewards and consequences of the available options shall be presented to the child.

1. The Services Worker shall encourage the child to choose and achieve realistic goals.

2. The Services Worker shall discuss with the child his or her potential limitations, including physical, emotional, and behavioral limitations. The child shall not be told that a career or educational option is unavailable unless an explanation is given and ways to overcome perceived obstacles are explored.

(e) During contacts with the child time shall be dedicated to evaluating progress in learning the skills identified through the assessment process as well as to educate the child and the caregiver about available independent living services.

(f) Staffing. In addition, the department shall conduct an annual staffing for children who are  thirteen and fourteen years of age and meet the requirements for these staffings as contained in Section 409.1451(4)(a), F.S.

(6) Life Skills Services (Age 15 but not yet 18 years of age).

(a) Life skills services include but are not limited to, independent living skills instruction on training including training to develop banking and budgetingskills; parenting skills; educational support; employment training and counseling.

(b) Life skills services shall be designed to meet the child’s needs as identified in the independent living skills assessment. A child with developmental disabilities, mental health needs or other special needs shall be identified and services shall be tailored to meet the child’s needs.

(c) A referral for life skills services shall be submitted within  thirty days of a child’s fifteenth birthday and an age appropriate independent living skills assessment completed within thirty days after the child’s fifteenth birthday. If the child is  fifteen years of age or older when placed in the custody of the department, a referral and an independent living skills assessment shall be submitted within thirty days after the court enters an order placing the child in the custody of the department. If a child was previously referred for independent living services, only an additional independent living skills assessment shall be completed and submitted.

(d) The results of the assessment shall be discussed with the child and caregiver and be used to determine the training and services needed for the child to continue learning skills necessary for successful transition to adulthood.

(e) The independent living assessment shall be used to measure life skills development progress for a child who was administered a pre-independent living assessment and also to determine each child’s strengths and needs. The Services Worker shall ensure that the child’s identified needs are met. The needed skills may be taught through instruction and interaction with the out-of-home caregivers or group-care staff, through contracted services, referrals to community providers, one-on-one coaching and group learning sessions. The child may also be able to learn some of the needed skills in the public school curriculum. For every needed skill, the Services Worker shall document in the child’s case file who is to help the child develop that skill and the timeframe in which the child will receive the training. It is the responsibility of the Services Worker to ensure the child receives all needed life skills training.

(f) Staffing. Pursuant to Section 409.1451(4)(b), F.S., the department shall conduct a staffing at least once every six months for each child in licensed out-of-home care who has reached fifteen years of age but is not yet  eighteen years of age.

(i) The case plan for children in out-of-home care who are age sixteen and seventeen shall include appropriate independent living and transitional services  and shall be filed with the court and served on all parties.

(g) Assessment at Seventeen Years Old. Pursuant to Section 409.1451(4)(b), F.S., during the month following his or her seventeenth birthday, each child in licensed out-of-home care shall be provided an independent living assessment, separate and distinct from the previous independent living assessment, to determine the child's skills and ability to live independently and become self-sufficient regardless of his or her permanency goal. Based on the results of this assessment, expedited and age appropriate services and training shall be provided in order for the child to develop the necessary skills and abilities prior to his or her 18th birthday. This final assessment shall be used to measure life skill development progress.

1. The assessment for a child  seventeen years of age shall be conducted through the use of an independent living assessment tool; review of the file; review of other assessments and evaluations, including educational, psychological and psychiatric evaluations; personal observation and interviews with any person who is familiar with the child and can be helpful in the assessment process.

2. Based on the results of this assessment, the Services Worker, in conjunction with the youth, shall update the life skills plan to ensure that the youth receives all skills training needed before the child’s 18th birthday.

3. If, based on the results, the child will most likely need additional life skills training and services after age 18, the Services Worker shall include a staff member from the unit handling post-emancipation services in order to ensure a smooth continuum of services.

(h) Information from the independent living life skills assessment and all staffings, including an enumeration of the services provided and an assessment of the youth’s progress toward developing independent living skills, shall be included in the written report submitted to the court for each judicial review.

(i) The case plan for children in out-of-home care who are age sixteen and seventeen shall include appropriate independent living and transitional services and shall be filed with the court and served on all parties.

(7) Subsidized Independent Living (SIL) (Age 16 but not yet 18 years of age).

(a) Subsidized Independent Living provides an opportunity for teenagers in foster care to receive a subsidy and other supports from the department in order to live in a setting that is not required to be licensed. Participants learn to pay their own bills and live on a budget while still under the supervision of a contracted service provider and the courts.

(b) Youth Eligibility for Subsidized Independent Living. In order to be approved to live in a subsidized living arrangement, a youth must meet the following criteria as required by Section 409.1451, F.S.:

1. Age. Must be 16 or 17 years of age and not yet reached their 18th birthday (Section 409.1451(4)(c)2., F.S.). At minimum, the youth’s parents and the court must be notified that a placement in Subsidized Independent Living has been made. It must be noted that, in some cases, the department or Community-Based Care (CBC) agency may choose to gain approval from the court or the youth’s parents prior to placement in Subsidized Independent Living and while this is acceptable, it is not required under law or these guidelines.

2. Legal Status. Must be adjudicated dependent, as defined in Chapter 39, F.S. and have been in custody of the department, at least 6 months prior to entering subsidized independent living, with a goal of either adoption, long-term licensed care or independent living (Section 409.1451(4)(c)2.a., F.S.). The 6 months in department custody do not have to be immediately preceding placement in SIL and can accumulate over the youth’s lifetime.

(c) According to Section 409.1451(4)(c)2.b., F.S., the youth must be able to demonstrate independent living skills. The following criteria are ways that the youth can demonstrate these skills, but exceptions to some of these criteria may be allowed by the District Administrator, Chief Executive Officer of the Community-Based Care agency (CEO of the CBC) or Independent Living Coordinator with approval of the District Administrator or CEO of the CBC with consideration of the youth’s safety and best interests:

1. Employment or Extra-curricular activities. Must be employed at least part-time earning a minimum of $100.00 per month or be involved in extra-curricular activities as deemed appropriate by the Independent Living Coordinator. These extra-curricular activities may include but not be limited to: participation on sports teams, cheerleading squads, school bands, internships, school advisory boards or any other beneficial activity that would be important to the youth’s personal development but would also limit the youth’s ability to obtain employment.

2. Savings. Must have sufficient earned savings or other means to pay move-in and first month’s living expenses, until the first subsidy check arrives. The youth may submit a statement that includes the projected move-in cost and proof of available resources to meet these costs.

3. Education. Must be enrolled in a full-time educational program. Full-time is defined as: regular attendance at high school, at least 12 credit hours per semester at an accredited college or university, or full time as defined by the GED/Vocational Technical program which the youth is attending.

4. Grades. Must maintain adequate progress as determined by the school or educational program.

5. Assessment. Assessment of Skills by completion of curriculum determined by the independent living coordinator. Should indicate that living in an unlicensed setting with minimal supervision is potentially viable. The youth must be able to articulate and demonstrate their ability to perform certain skills as determined by the Independent Living Coordinator.

6. Behavior. Participants in the Subsidized Independent Living program are expected to exhibit responsible behavior. Prospective participants who have displayed irresponsible behavior, such as running away from home, committing violent acts toward others, delinquencies, or property crimes, within six months of requesting entrance into the Subsidized Independent Living program must be strictly evaluated to determine whether SIL placement is in their best interest and if they are at risk of exhibiting future irresponsible behaviors. Letters of reference from school, mental health personnel, foster parents, Services Workers and Department of Juvenile Justice should be requested if there is a history of irresponsible behavior.

7. Staffing/Approval. Staffing and approval by the department or CBC independent living coordinator. The coordinator must approve the youth’s living arrangement, including the cost and selection of a roommate, if applicable. The safety of the youth is a paramount consideration. Youth and Services Worker must attend the staffing which the independent living coordinator chairs. The Services Worker must invite the youth’s parent (if parental rights are still intact and at the youth’s discretion) to the staffing and any other persons involved or important to the youth, such as guardian ad litem, teachers, therapists, relatives and mentors.

(d) Dependent youth in custody of the department with disabilities are eligible for this program and may not be deemed ineligible from this program on the basis of the disability, according to the Americans with Disabilities Act of 1990, Title II. Though a youth with a disability may need additional supports from other organizations or agencies such as Developmental Services, Mental Health or Vocational Rehabilitation, the youth is still eligible for any and all services offered in the independent living program, including subsidized independent living. Reasonable accommodations must be provided to insure that each youth has access to the services provided by the program. Transitional staffings should be initiated by the Services Worker, with the Agency for Persons with Disabilities, adult and children’s mental health services or other programs, on dual clients on or before the youth’s 17th birthday. If the youth requires continued supported living, a written plan must be in place by the youth’s 18th birthday in order to transition youth from foster care and/or SIL to another supported living program.

(e) Program Instructions.

1. Parental Notification. The Services Worker, at minimum, must notify the parents of any youth placed in a subsidized independent living arrangement no longer than ten days after the placement has been made, unless parental rights have been terminated. It is preferred that this notification is in writing, but, at minimum, any attempts at notification must be entered into the HomeSafenet chronological notes. The Services Worker must NOT reveal the youth’s physical address to the parent unless written permission is provided by the youth.

2. Subsidized Independent Living Agreement. A written agreement must be developed between the youth and the department or CBC prior to the beginning of SIL. The agreement must be reviewed and updated annually, but more frequently as needed. The agreement must include, at a minimum:

a. A description of the youth’s educational program, school or college,

including start date, ending date and educational goals.

b. The youth’s responsibilities, including and not limited to regular attendance and/or completion of life skills training, submission of payment stubs from work monthly or report from an official conducting the youth’s extracurricular activities that verifies continued involvement, and verification of school attendance.

c. The department or contracted service provider’s responsibilities, including and not limited to regular staffings, frequent Services Worker contacts, provision of life skills training, counseling, and therapy.

d. Requirements for continued eligibility in the SIL arrangement.

e. A target date for discharge and the completion of the goals and objectives in the case plan.

f. An acknowledgement that this placement is in the youth’s best interest and that safety concerns have been addressed. In addition, to prevent the independent living program from losing community support, gaining a poor public image and possibly losing statutory authority, the youth must be informed in writing by the Independent Living Coordinator of the consequences of behavior that violates the law or community standards. Program participants have a responsibility beyond themselves, extending to the department and to fellow program participants.

g. A full explanation of the consequences of the youth’s non-compliance with the Subsidized Independent Living requirements.

3. Case Plan. Independent living arrangements established for a youth must be part of the case plan, including the goals and objectives leading to the total independence of the youth from department supervision.

a. The case plan must be reviewed and updated, at a minimum, on an annual basis.

b. The case plan must include, but is not limited to:

i. A description of the youth’s skills and a plan for learning additional skills as identified in the independent living assessment.

ii. Documentation of proposed services by the department, such as educational and employment-related assistance, counseling, therapy, skills training, and services of other agencies, including the type of service, nature, and frequency of contact.

iii. A description of behaviors the youth has exhibited that indicate an ability to be responsible and a plan for developing additional, responsible behaviors such as increasing decision-making skills.

iv. Documentation that the youth understands the specific consequences of his or her conduct in the independent living program.

v. A plan for maintaining or developing personal support relationships with family members, other adults, friends, and community support groups, among others as appropriate.

4. Frequency and Purpose of Services Worker Contact.

a. During the first three months the youth is living in an SIL arrangement, the Services Worker and the participant must have at least two contacts per week. At least one of these contacts must be in the residence of the youth. These contacts must be used to assess the participant’s strengths and needs in maintaining oneself in the living arrangement. The Services Worker must maintain weekly contact with the Independent Living Coordinator during the first three months as to the youth’s progress in adjusting to their subsidized independent living arrangement. After the first three months, the Services Worker must maintain contact with the independent living coordinator at a minimum of once a month. Note:  The youth’s assigned Services Worker may be assisted in making these contacts by other Services Workers within the CBC agency, independent living staff, and/or courtesy supervision workers.

b. After the first three months the number of contacts that the Services Worker has with the youth may be reduced, but only if the youth is progressing satisfactorily. However, these contacts must not be less than once per month and must be in the residence of the youth. The number of contacts must be increased if the youth demonstrates the need for more supervision.

c. The HomeSafenet chronological notes  must describe, at minimum, the issues discussed, any safety factors addressed and progress made during the contacts between the Services Worker and the youth. This record can be used to measure progress, identify resources, and establish a clear understanding of the areas where the youth and the Services Worker are concentrating their efforts.

5. Periodic Review.

a. Since 16- and 17-year-old youths in a subsidized independent living arrangement are still in the legal custody of the department, their cases are subject to regular six-month judicial reviews.

b. Staffings should be scheduled around the youth’s school, work and extra-curricular activity schedule. The youth may invite anyone that he/she chooses to the staffing such as, but not limited to, guardian ad litem, personal friend, potential roommate, relative, employer or teacher.

6. Financial Supports.

a. Independent Living Board Rate Payment (Subsidy). Payments must be drawn from out-of-home care, room and board state funds. The subsidy check may be mailed directly to the youth, or it may be sent to staff so that the youth can report to his/her Services Worker or the coordinator at the time the check is picked up.

b. Clothing Allowance. Youth in SIL will continue to receive the annual clothing allowance from the out-of-home care budget in addition to the monthly subsidy payment.

7. Budgeting for Subsidized Independent Living.

a. The independent living coordinator, the Services Worker and the youth must work together to determine a fair and reasonable budget for living independently. The youth must maintain the budget on a month-to-month basis. Suitable lodging must be located and funds for rent and utility deposits, phone deposits, etc. must be put aside in preparation for the youth’s move into the living arrangement. The first month’s living expenses and move-in expenses are the responsibility of the youth. The youth may obtain move-in costs either through savings by earned income, unearned income or by any other legal methods including gifts by relatives or other concerned parties. However, the youth must also be able to demonstrate the ability to budget and meet on-going monthly financial obligations.

b. The Services Worker must provide assistance in locating a safe and stable living arrangement that will be affordable based on the youth’s financial situation. The location of the placement must be easily accessible to school, work and other needed resources.

c. Youth may be assisted in accessing any community resource that might help in arranging their utility deposits.

d. A youth may choose to live alone, with a roommate (non-cohabitation) in a college dormitory, or rent a room from a family. The Services Worker must assess the living arrangement and present a report to the independent living coordinator for approval. Each individual’s situation must be considered when determining the budget with the youth and the amount of the subsidy check. The factors in subparagraph 2. above must also be considered as well as criminal, delinquency and abuse/neglect history  checks.

e. For all household members or frequent visitors ages 12 through 26, a delinquency records check through the Florida Department of Law Enforcement and the Florida Department of Juvenile Justice. In addition, the following background checks must conducted for any household members age 12 and over:

i. A local criminal records check through local police and sheriff’s offices.

ii. A state criminal records check through the Florida Department of Law Enforcement.

iii. An inquiry to the Florida Child Abuse Hotline.

8. Monthly Subsidy Rate Determination.

a. The amount of the monthly subsidy should be determined on an  individual basis, considering the cost-of-living and the youth’s monthly expenses. The maximum amount of the youth’s board rate is based on what an individual can earn working a 40-hour week at federal minimum wage. The department or CBCs have discretion in the amount of the subsidy rate based on budget considerations within the agency providing services for the youth.

b. Program Incentives. Subject to the availability of funds, the department or CBCs have the option of providing financial incentives in addition to the monthly subsidy amount. Incentives may be based upon attendance at skills training or other required monthly meetings, timely submission of payment stubs, participation on youth advisory boards, public speaking promoting the program, etc., with each incentive adding $10-50 to the base amount.

9. Out-of-State Supervision of a Youth in SIL.

a. Some youth in custody of the department, under the Jurisdiction of Florida courts, reside in foster or group homes in other states. These youth must be given the same opportunities to participate in the Subsidized Independent Living program as youth that reside in state as long as they meet eligibility criteria. Although it is rare for a youth under 18 to attend college, arrangements may be made for a youth to attend college in another state and still receive a subsidy check and/or other services and supports from the department.

b. Some states offer courtesy supervision through the independent living program. Other options might be to ask the college for staff or volunteer assistance, or to contract with a provider in that state to provide supervision.

c. For a youth under the age of 18, attendance at a college exempts the youth from the Interstate Compact for the Placement of Children (ICPC). However, if a youth needs supervision, submit ICPC form 100A and check the “other” box under “type of care” and write in “College ILP.”  A cover letter should explain that the judge and/or the department would appreciate arrangements for supervision.

(8) Permanency Planning for Older Adolescents. The Services Worker shall, concurrent with delivery of independent living services, continue efforts to locate and achieve placement with a permanent family until the child reaches age eighteen. In cases in which the child has made the decision not to pursue adoption, the decision shall be revisited at least twice per year to determine the child’s needs and preferences. In all cases, whether the child has made the decision to be adopted or not, the Services Worker shall assist the child in making connections within the community and establishing relationships. Connections with adults may be established in foster care placements, at school, through extra-curricular activities with mentors, coaches, youth leaders, instructors and others. The Services Worker shall assist each child exiting the foster care system to establish a lifelong connection with a committed adult.

(9) Children Becoming Eighteen Years of Age. The Services Worker or independent living staff shall ensure that a child in the custody of the department is counseled as to the options available to him or her upon reaching his or her eighteenth birthday. The department or contracted service provider shall ensure, as feasible, that the child and his or her attorney participates in the required staffings and special judicial review hearings.

(a) Special Judicial Review. A judicial review hearing shall be held within ninety days after a child’s seventeenth birthday and shall meet the requirements contained in Section 39.701 (6)(a) and (b), F.S. In addition, pursuant to Section 39.013(8), F.S., a hearing shall be conducted within the month that begins the six month period before the child’s eighteenth birthday to review the child’s progress while in the custody of the department. A plan for the child’s transition to adulthood shall be outlined in writing and details discussed during these reviews. The transition plan shall be filed with the court and served on all parties.

(b) Staffing at Seventeen Years Old. Within thirty days prior to the Special Judicial Review a staffing shall be conducted to notify the child of the options available upon reaching his or her eighteenth birthday and to discuss the child’s plans.

1. Planning shall take place to ensure that the child has a place to live and a source of income, whether earned or unearned, sufficient enough to meet his or her needs upon attaining his or her eighteenth birthday. Potential problems shall be identified early in the process to avoid disruptions from occurring in the child’s education, employment and social environments.

2. If the child desires or intends to live with a family member upon reaching his or her eighteenth birthday, the Services Worker shall assist the child in planning for a safe and smooth transition. The Services Worker shall seek court approval through CWLS when necessary to allow contact with family members while the child remains under supervision.

(c) Assessment. During the month following his or her seventeenth birthday, each child in licensed out-of-home care shall be provided an independent living assessment.

(d) Written Notification. In conjunction with the special judicial review and staffing, each child in the custody of the department shall be notified in writing of the options available to him or her upon reaching eighteen years of age, including but not limited to the Road to Independence Program continued court jurisdiction to age nineteen. and the ability to,reside in a licensed foster home. The notification shall be written in such a way that the child is able to easily understand it.

(e) The department or contracted service provider shall assist the child in making application for the Road to Independence Scholarship and/or transition support services aftercare support services no later than ninety days prior to his or her eighteenth birthday.

Rulemaking Authority 39.012, 39.0121(7), (13), 409.1451(2)(a), (8) FS. Law Implemented 39.001(1)(i), (j), 39.6035, 39.621(3)(d), 39.624, 39.701(3)(6)(a)-(c), 409.1451(1)-(5) FS. History–New 5-4-06, Amended_____.

 

65C-28.010 Minor Parents in the Custody of the Department.

(1) When a minor child in the custody of the Ddepartment becomes a parent or enters licensed out-of-home care with his or her own child, the parent and child shall reside together in the same placement unless the younger child’s safety cannot be managed is at substantial  risk in such placement or there is no foster home or facility available for to house both. A petition for adjudication of dependency shall not be filed for the younger child unless there are grounds for dependency of that child independent of the minor parent’s dependency. See subsection 65C-30.016(4), F.A.C., regarding assistance to be provided to the minor parent or expectant parent.

(2) In the event that the minor parent’s child is not dependent, the cost of care of the child of a minor parent shall can be included in the maintenance payment for the minor parent. There shall be one (1) payment that is enhanced to include the child’s needs. If the minor parent is Title IV-E eligible, the total payment is Title IV-E reimbursable.

(3) If the minor parent is in the SIL Program and the minor parent’s child lives with the parent, the parent is not eligible to receive an additional subsidy for the child. However, the Services Worker shall assist the minor parent in applying for other assistance for which the parent or child may be eligible.

(4) If the Florida Abuse Hotline receives a report regarding known or suspected abuse, neglect or abandonment of the child of a minor parent in the custody of the department, the report shall be investigated as any other report of abuse, neglect, or abandonment. The departmental staff person or contracted service provider shall cooperate with the Child Protective Investigator assigned to investigate the report.

(5) Minor parents in the custody of the department, including those who are expectant mothers and fathers, shall be provided with an equal opportunity to participate in the continuum of independent living services. The Services Worker shall provide information to the minor parent on services needed to ensure appropriate care for the care of the minor parent’s child and the stability of the living arrangement. As a minor parent approaches discharge from foster care at age 18, the Services Worker shall assist the minor parent by providing information on educational services available upon exit from foster care.

Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.402 409.165(1) FS. History–New 5-4-06, Amended____

 

65C-28.011 Criminal, Delinquency and Abuse/Neglect History Checks for Relative and Non-Relative Placements.

(1) The following cCriminal, delinquency and abuse/neglect history checks check activities shall be performed when a child is initially placed with, remains with or has a planned placement with a relative or non-relative:.

(a) For all household members age 12 or older, an abuse/neglect records check through the Department’s information system containing statewide abuse/neglect records.

(b) For all household members age 12 or older, a local criminal records check which may be requested through local law enforcement or through a search of the Comprehensive Case Information System (CCIS); and a request for call outs regarding the household members from police and sheriff’s offices.

(c) For all household members age 12 or older, a delinquency records check through the Florida Department of Juvenile Justice.

(d) For all household members age 12 or older, a state criminal records check through the Florida Department of Law Enforcement.

(e) For all household members age 18 or older, a name check through the Florida Crime Information Center (FCIC) and National Crime Information Center (NCIC). If the child is placed in the household, the fingerprints of these persons shall be submitted to the Florida Department of Law Enforcement the next business day but no later than within 10 calendar days of the name check.

(f) For household members age 18 or older who are known to have resided in another state in the preceding five (5) years, a request shall be made to the other state for an abuse and neglect history check and a criminal history check, including local criminal history.

(2) Prior to emergency placement in non-licensed care or when a relative or nonrelative agrees to provide informal safety management services, the records checks required in subsections (1)(a)-(e) of this rule, shall be performed.  The out-of-state records check required in subsection (1)(f) of this rule must be requested on or before the next business day after placement.

(3) Less extensive criminal, delinquency and abuse/neglect history check activities are required when a child is initially released to, remains with or has a planned release to a parent. The court shall be informed of all results, including the disposition of all criminal offenses that are received regarding any proposed or existing relative or non-relative placement and any proposed or existing release to a parent.

(a) Except for emergency placements or releases made in exigent circumstances, approval for sheltering a child in non-licensed care shall be sought from the court prior to the placement.

(4)(b) Unless placement is being made in a licensed substitute care home or facility,  all relatives and non-relatives with whom a child is placed are considered to be persons who are not licensed as shelter or out-of-home caregivers for purposes of caring for the child in question. Any relatives or non-relatives who wish to become licensed as shelter or foster parents must meet the licensing requirements of Chapter 65C-13, F.A.C., including the criminal, delinquency and abuse/neglect history check requirements for licensed out-of-home caregivers.

(c) The criminal offenses that may disqualify a potential relative or non-relative caregiver are contained in Sections 435.045  and 435.04, F.S., and are clarified in subsection 65C-28.011(6), F.A.C.

(d) The application of information gathered in an abuse/neglect records check in determining the appropriateness of a placement is contained in Sections 39.301 and 39.302, F.S., and is clarified in subsection 65C-28.011(6), F.A.C.

(2) Emergency Placements  in Exigent Circumstances.

(a) There are three situations in which emergency placements are made with relatives or non-relatives in exigent circumstances and it is anticipated that a placement will be made within  seventy-two hours:

1. Following the emergency removal of a child from his or her  home or from another location where the child resides prior to departmental involvement. This removal of the child initiates a removal episode;

2. Following the change of placement of a child from a location where the child was previously placed and where the child remains under supervision. Since the child is already in an out-of-home placement, a change of placement is being made. The change in placement is part of the existing removal episode and does not initiate a new removal episode; and

3. Following the emergency removal of a child from a location where the child was previously placed and where the child has achieved permanency through  court ordered long-term custody to the caregiver. Since the child has achieved permanency, this initiates a new removal episode.

(b) Whenever an emergency placement with a relative or non-relative is to be made in exigent circumstances, the required criminal, delinquency and abuse/neglect history checks shall be initiated without undue delay to avoid placing the child elsewhere in the interim. Prior to making such an emergency placement in exigent circumstances, the following criminal, delinquency and abuse/neglect history checks, including receipt and consideration of the results of the checks, are required:

1. For all persons who are either household members or who are known to be frequent visitors to the home there shall be an abuse/neglect records check through the department’s information system containing statewide abuse/neglect records.

2. Additionally, the following checks shall be performed for specified persons based on his or her role in the household and his or her age:

a. For all household members and frequent visitors age twelve or older, a local criminal records check through local police and sheriff’s offices.

b. For all household members or frequent visitors ages 12 through 26, a delinquency records check through the Florida Department of Juvenile Justice.

c. For all household members and paramours age 12 twelve or older, a state criminal records check through the Florida Department of Law Enforcement.

d. For all persons who are age eighteen or older who are household members,  a name check through the National Crime Information Center (NCIC) is also required. If the child is placed in the home the fingerprints of these persons shall be submitted to the Florida Department of Law Enforcement the next business day but no later than within ten calendar days of the name check.

e. For household members age twelve and older and frequent visitors age eighteen or older who are known to have resided in another an attempt shall be made to gather criminal history information from that state.

(5)(3) Continued Placement and Recommendation for Court Ordered Custody. Any criminal, delinquency and abuse/neglect history check results received subsequent to placing a child shall be considered in regard to the child’s safety and shall be provided to the court. If any disqualifying results are received, the child welfare professional responsible for the case shall notify Children’s Legal Services within 24 hours of receipt.

(4) Planned Placements. If a relative or non-relative placement is planned, and there are no exigent circumstances requiring an emergency placement within seventy-two hours, court approval shall be received prior to making the placement. Prior to recommending the placement to the court, all criminal, delinquency and abuse/neglect history check activities required for emergency placements in exigent circumstances shall be performed, with the exception of name checks through NCIC being made prior to the submission of fingerprints. Prior to making a recommendation to the court, the fingerprint results shall be received and considered for all persons required to undergo a criminal, delinquency and abuse/neglect history check.

(6)(5) Release of a Child to a Parent. Prior to recommending to the court that a child be released to a parent, the parent and, household members frequent visitors and any paramours of household members at the home shall undergo all criminal, delinquency and abuse/neglect history checks that are required for placement with relatives and non-relatives, with the exception of national criminal history checks.

(7)(6) Criminal, Delinquency and Abuse/Neglect History Check Results. The Ddepartment or contracted service provider shall not make or recommend a relative or non-relative placement if the results of criminal, delinquency and abuse/neglect history checks indicate that the child’s safety may be jeopardized in the placement or if the relative or non-relative has a disqualifying offense pursuant to Section 39.0138(2), F.S.

(a) Results of Abuse/Neglect Records Check. The results of an abuse/neglect records check indicating that a person is named in some capacity in an abuse/neglect report shall not be used to deny placement in the home where that person resides unless that person is identified as a caregiver responsible for the abuse, neglect or abandonment alleged in the report.

(b) Disqualifying Criminal Offenses.

1. For placements with relatives or non-relatives, there are criminal offenses that statutorily disqualify these persons for placement of the child.

2. For releases to a child’s parent, there are no offenses that automatically disqualify the parent regardless, of whether the offense was committed by the parent, or a household member a frequent visitor or a paramour of a household member. For releases to parents, prior to the release, information obtained from the criminal, delinquency and abuse/ neglect history checks shall be provided by the child welfare professional Services Worker or Children’s Child Welfare Legal Services attorney to the court, which shall make the final decision regarding the placement decision when the results of the checks raise concerns about the safety of the child.

1. A relative or non-relative home is disqualified as a placement option when a criminal records check reveals any of the following felony convictions, including a plea of nolo contendere or guilty, regardless of adjudication, for any of the individuals checked in regard to the ome. The home shall be disqualified under the following circumstances:

a. The home is disqualified in any case in which a criminal records check reveals a felony conviction, including a plea of nolo contendere or guilty, regardless of adjudication, for child abuse, abandonment, or neglect; for spousal abuse; for a crime against children, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide but not including other physical assault or battery, if the felony was committed at any time. This includes, but is not limited to, felony offenses prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction:

i. Section 782.04, F.S., relating to murder;

ii. Section 782.07, F.S., relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child;

iii. Section 794.011, F.S., relating to sexual battery;

iv. Former Section 794.041, F.S., relating to prohibited act of persons in familial or custodial authority;

v. Section 796.03, F.S., relating to procuring a person under the age of eighteen for prostitution;

vi. Section 800.04, F.S., relating to lewd or lascivious offenses committed upon or in the presence of persons less than sixteen years of age;

vii. Section 827.03, F.S., relating to child abuse, aggravated child abuse, or neglect of a child;

viii. Section 827.04(3), F.S., relating to the impregnation of a child under the age of sixteen by a person over the age of twenty-one;

ix. Former Section 827.05, F.S., relating to negligent treatment of children;

x. Section 827.071, F.S., relating to sexual performance by a child;

xi. Section 847.0135, F.S., relating to computer pornography;

xii. Section 847.0145, F.S., relating to selling or buying minors; and

xiii. Section 741.28-31, F.S., relating to domestic violence.

b. The home is disqualified in any case in which a criminal records check reveals a felony conviction, including a plea of nolo contendere or guilty, regardless of adjudication, for physical assault, battery, or a drug-related offense, if the department or contracted service provider finds that, within the past five years, a court of competent jurisdiction has determined that the felony was committed. This includes, but is not limited to, felony offenses prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction:

i. Section 784.021, F.S., relating to aggravated assault;

ii. Section 784.045, F.S., relating to aggravated battery;

iii. Section 893.13, F.S., relating to prohibited acts (drug abuse); and

iv. Section 893.149, F.S., relating to the unlawful possession of listed chemicals;

2. If results of the criminal, delinquency and abuse/neglect history checks that disqualify a home are received after a child has already been placed in the relative’s or non-relative’s home, the child shall be immediately removed. The court shall be informed of the disqualification and of the child’s removal without delay.

3. Criminal Offenses – General.

a. For any criminal or delinquency records check results revealing any felony or misdemeanor offense that does not automatically disqualify a relative or non-relative home as a placement alternative or a parental home for release of the child, the department or contracted service provider shall determine whether the child may safely be placed in the relative or non-relative home or released to the parent without prior court approval. If so, the court shall be informed of the results at the shelter hearing or at a hearing scheduled in regard to the placement or release.

b. Whenever criminal history or delinquency record information that does not automatically disqualify a home is received following the placement of a child, the court shall, within seventy-two hours of receipt of the results, be informed of the criminal history and delinquency record check results including all available information on the disposition of all offenses.

(8)(7) Criminal, Delinquency and Abuse/Neglect History Checks on Additional Persons Subsequent to Placement in a Relative’s or Non-Relative’s Household Home. The Department shall conduct criminal, delinquency and abuse/neglect history checks as required in Sections 39.0138 and 39.521(2)(r)2 , F.S., on any new household members he following  criminal, delinquency and abuse/neglect history checks, as specified in subsection 65C-28.011(1), F.A.C., are required for new household members, frequent visitors or paramours of any household members  if they have not otherwise received the checks within the previous 12 twelve months and there has been no break in service for over ninety days. The court shall be informed of the results within 72 seventy-two hours of their receipt. :

(a) A local criminal records check, a child abuse/neglect records check and a delinquency records check are required on new household members, frequent visitors or paramours of any household members.

(b) A state criminal records check is required on new household members or paramours of any household members.

(c) A federal criminal records check, including a name check followed by submission of fingerprints to the Florida Department of Law Enforcement is required for any new household members eighteen years of age or older.

(9)(8) Out-of-State Placements and Releases. Any out-of-state placement or release shall have the prior authorization of the court and of the Interstate Compact on the Placement of Children (ICPC).

Rulemaking Authority 39.012, 39.0121(1), 39.0138(1) FS. Law Implemented 39.0138, 39.401(3), 39.521(2)(r)2. FS. History–New 5-4-06, Amended_____.

65C-28.012 Other Parent Home Assessment and Home Studies for Relative and Non-Relative Placements.

(1) Prior to release or placement of a child with another parent, an “Other Parent Home Assessment,” CF-FSP 5411, October 2013, incorporated and available at www.dcf.state.fl.uc/dcfforms,  must be completed.

(2) For each non-licensed placement, a home study shall be completed by the child welfare professional responsible for the case Services Worker  or Child Protective Investigator prior to within thirty days following the placement of the child in the out-of-home caregiver’s home. In all instances, a home study the completed home study shall be filed with the court. completed and provided to all parties to the case within seventy-two hours prior to the disposition hearing, as required by Section 39.521(1)(a), F.S. A home study shall be initiated in the following circumstances:

(a) A child remains with a non-licensed, non-parental caregiver for more than fifteen working days beyond the Early Service Intervention staffing, unless there is a planned change of placement that will occur before the child has been in the current placement for thirty days;

(b) A child remains with a non-licensed, non-parental caregiver past the date of adjudication of dependency; or

(c) A child is in licensed or non-licensed care and a potential alternative non-licensed caregiver is identified.

(2) The home study shall be completed according to Section 39.521, F.S., filed with the court as part of the predisposition study and served on all parties. A recommendation shall be made to the court based on the results of the home study.

(a) The home study shall include a visit to the home and an interview with the proposed adult caregivers, as well as a criminal, delinquency and abuse/neglect history check as specified in Rule 65C-28.011, F.A.C. In addition, a determination shall be made and documented regarding the child’s feelings on the placement if the child is of sufficient maturity, understanding, and experience to reliably express such feelings concerning placement in this home.

(3)(b) In fulfilling the requirements of Section 39.521, F.S., a summary of the results of the home study shall be prepared, which shall include the recommendation to be made to the court. This summary includes the following categories, each of which shall be summarized:

(a)1. Whether each proposed out-of-home caregiver understands and is able to meet the child’s need for protection.

(b)2. Whether each proposed out-of-home caregiver understands the child’s need for care and permanency and can provide long-term permanency if needed.

(c)3. Whether each proposed out-of-home caregiver has been informed regarding rights and responsibilities in the dependency process.

(d)4. Whether each proposed out-of-home caregiver will provide adequate and nurturing care and can ensure a  an adequate and safe home.

(e)5. Whether each proposed out-of-home caregiver has a history free of from child abuse and free of a criminal record.

(f)6. Whether each proposed out-of-home caregiver is financially able to care for the child and a determination of whether to determine if the out-of-home caregiver’s financial situation would cause total dependence is marginal or tenuous so he or she wouldbe totally dependent on financial assistance to care for the child. This shall include a summary of the out-of-home caregiver’s understanding of the financial assistance, if any, and other services that will be available from the Ddepartment or contracted service provider to assist in caring for the child.

(g)7. Whether each proposed out-of-home caregiver has been counseled on available support in the community.

(h)8. Whether or not the placement is to be recommended and an explanation of the decision.

(4)(3) A determination shall be made and documented regarding the child’s preferences on the placement.

(5) If the recommendation in the home study is not approved and unfavorable the child is in the placement and is at imminent risk, the Ddepartment or contracted service provider shall request an emergency hearing to inform the court of the findings and make a recommendation for an alternate placement. If it is determined the child is not at imminent risk, a hearing to inform the court shall be scheduled as soon as possible.

(6)(4) If the child is not in the household home where the home study was completed and the proposed out-of-home caregiver is not selected, the caregiver he or she shall be verbally so advised by the child welfare professional responsible for the case Services Worker within five (5) business working days and then documented in FSFN.

(5) Regardless of the result of the caregiver home study or the department or contracted service provider’s recommendation, the placement shall be made or continued if the court so orders.

(7)(6) If a child is placed in the custody of a relative or non-relative pursuant to order of the court after the Ddepartment or contracted service provider recommends against such placement, the relative or non-relative shall be allowed to participate in the Relative Caregiver Program in the same manner as if the Ddepartment or contracted service provider had approved the home study.

(8)(7) When a child has been placed in the custody of a relative or non-relative by the court against the recommendation of the Ddepartment or contracted service provider, the child welfare professional responsible for the case Services Worker shall immediately notify his or her supervisor of the court’s determination. The supervisor shall schedule a staffing to be held within three (3) business working days of the court decision to discuss the reasons for the negative home study and to develop a plan of action that includes identifying and services and/or safety management for the family with whom the child is placed and that addresses shall address the child’s safety needs.

(9)(8) When a child has been placed in a relative or non-relative household, home and other children have already been placed by the Department or contracted service provider subsequent to a home study being performed for the placement of other children in the home, an updated Unified Hhome Sstudy addressing issues surrounding placement of an additional child in the household home shall be prepared and provided to the court in conjunction with a recommendation regarding the appropriateness of placing an additional child in the home. the child’s placement.

Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.001(1)(i), 39.5085(2)(b), 39.521(2)(r), (3)(b), 39.522(1) FS. History–New 5-4-06, Amended_____.

 

65C-28.013 Indian Child Welfare Act.

The Indian Child Welfare Act of 1978 (“ICWA”), is federal legislation found in 25 U.S.C. 1901 et seq., that governs child custody proceedings involving American Indian or Alaskan Native children as defined by the Act. See the definition of Indian Child Welfare Act in Rule 65C-30.001, F.A.C.

(1) The child welfare professional Child Protective Investigator (CPI) shall determine at the onset of each child protective investigation if the child is an children are American Indian or Alaskan Native child children as defined by the Act. If a child involved in a child protective investigation is identified as being eligible for the protections of the Indian Child Welfare Act, 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. All child protective investigations, ongoing safety and case management, and legal proceedings activities shall be documented in 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. The child’s parent or Indian Custodian and his or her tribe shall be noticed of all legal and case planning activities. If the child’s tribe is unknown, notice shall be provided to the Secretary of the Interior through the Bureau of Indian Affairs, Eastern Regional Office.

(a) Letters of inquiry and notification and all legal and other notification to the tribe shall be in writing and sent by registered mail, return receipt.

(b) 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 to the court that the child’s eligibility for the protections of the Indian Child Welfare Act shall be included in all findings and orders of the court.

(3) The criteria for enrollment in a tribe is established by the individual tribe and its decision is conclusive. The child’s tribe has the right to intervene in the proceedings at any time and may request that jurisdiction in the case be transferred to the tribal court.

(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 Serive Worker shall continue 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 Additional letters shall be sent registered and “return receipt” to the Secretary of the Interior through the Bureau of Indian Affairs Office located in the geographic region of the United States in which the child’s tribe is located. Cases in which American Indian ancestry has been reported to the Department or contracted service provider shall be handled as ICWA cases until shown to be otherwise.

(5) If the tribe does not assume legal jurisdiction, the tribe shall continue to receive notice of all judicial hearings and case planning reviews and to be kept informed of significant changes in the status of the case. The tribe has a right to examine all reports or other documents filed with the court.

(6) If the tribe assumes legal jurisdiction, all case file documents (except the name of the reporter of the abuse, abandonment or neglect) and the child shall be released to the tribe.

(7) If the tribe assumes jurisdiction in the case the American Indian or Alaskan Native children may remain eligible for services such as referrals to child protection teams or for certain economic services.

(8) Remedial or rehabilitative efforts to effect reunification shall be by active efforts. Any party seeking placement of an American Indian child in out-of-home care or the termination of parental rights shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family including community services and culturally appropriate programs and that these efforts have proved unsuccessful.

(7)(9) Placement of an American Indian child shall be made in accordance with the placement preferences outlined in the Act. Attempts to place a child in accordance with the placement preferences outlined in the Act, and any failure to do so, shall be documented in  FSFN the case file and in HomeSafenet. The placement preferences apply upon each move of the child while in out-of-home care.

(10) In any adoptive placement of an Indian child, the Indian Child Welfare Act shall govern the order of placement preference. While the Indian Child Welfare Act gives a placement preference, it allows each tribe to establish a different order of preference by resolution. The Act lists the placement preference for adoption of an Indian child in the following order:

(a) A member of the child’s extended family (as determined by the child’s tribe);

(b) Other members of the Indian child’s tribe; or

(c) Other Indian families.

(11) In order for an Indian child to be placed in out-of-home care, there shall be a judicial determination, supported by clear and convincing evidence, including the testimony of a qualified expert witness in the cultural practices of the child’s tribe, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

(12) Some tribes do not support adoption of an Indian child. Termination of parental rights requires a judicial determination, supported by evidence beyond a reasonable doubt, including the testimony of a qualified expert witness in the cultural practices of the child’s tribe, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. Legal notification requirements and other provisions of the Act including placement preferences continue to apply following termination of parental rights.

(13) Notification, process and service for all legal proceedings including termination of parental rights shall be in accordance with the provisions of the Act.

(14) All casework activity related to compliance with the provisions of the Indian Child Welfare Act shall be documented in the child’s case file.

(8)(15) The Department or contracted service provider Services Worker shall consult with Children’s Child Welfare Legal Services regarding issues related to compliance with the provisions of the Indian Child Welfare Act.  Consultation and the results of the consultation shall be documented in FSFN.

Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.0137 39.4085(12), (23) FS. History–New 5-4-06, Amended_____.

65C-28.014 Behavioral Health Services.

(1) Comprehensive Behavioral Health Assessment (CBHA). The CBHA referral guidelines are contained in the current edition of the Medicaid Community Mental Health Targeted Case Management Services Coverage and Limitations Handbook, 2013 edition, which is incorporated by reference and available at http://www.fdhc.state.fl.us/Medicaid/e-library/docs/HCM_FL_Training_TCM.pdf in Rule 59G -4.080, F.A.C. The Handbook provides guidelines for providing the CBHA to children ages zero (0) through five (5) and six (6) up to age 21 through seventeen.

(2) A child shall be referred for a CBHA:

(a) When a child is in shelter status, the child welfare professional responsible for the case Services Worker or Child Protective Investigator (CPI), as appropriate, shall refer the child for a CBHA within seven (7) calendar days of being removed from his or her household.; or if this assessment was not conducted prior to case transfer

(b) If a child is already in out-of-home care and is exhibiting emotional or behavioral issues that might result, or may have already resulted, in the child losing his or her placement, the child welfare professional responsible for the case Services Worker may refer the child for a CBHA to assist in determining services that would allow the child to maintain his or her placement. This may be done if a CBHA has not been conducted on the child within the past year; and

(c) The child has been determined to be Medicaid enrolled. If the child is not Medicaid enrolled, the child welfare professional responsible for the case CPI or Services Worker shall take all steps necessary to ensure the child becomes enrolled as soon as possible, including assisting the child’s out-of-home caregiver to establish enrollment.

(3) The child welfare professional Services Worker shall review and consider any interventions or refer the child and family for all services recommended in identified through a CBHA. The child welfare professional Services Worker has the primary responsibility throughout the case for coordinating, managing, and monitoring all aspects of the child’s care and treatment. Each referral and the coordinating, managing, and monitoring efforts for the referral shall be documented in FSFN.

(4) The mental health service needs identified through the CBHA recommendations will be considered when developing the child’s case plan.

(5) The planned services shall be implemented within thirty days of identification of the need. If services are not initiated within thirty days, the Services Worker shall document reasons in the case file as to why services were not initiated. The Services Worker shall ensure that the services begin as soon as possible.

(5)(6) If the child is also served by the Department of Juvenile Justice (DJJ), the child welfare professional responsible for the case CPI or Services Worker shall document in FSFN attempts to coordinate planning and service delivery with DJJ staff.

(6)(7) When service needs are identified, children shall be referred whenever possible to community mental health providers who are enrolled as Medicaid providers. If a Medicaid provider is not available, the child welfare professional shall refer to a provider that best meets the child’s needs.

(7)(8) When the child welfare professional Services Worker determines that a Behavioral Health Multidisciplinary Team is needed to address the behavioral needs due to the significant behavior issues of the child, the child welfare professional Services Worker shall convene a meeting of the team. The team shall:

(a) Review all referrals for services to ensure that the child and family receive essential services to assist them in meeting the permanency goals as well as ensuring the child’s safety and well-being; and, if needed, make recommendations for any additional referrals;

(b) Provide recommendations for modifications changes in the case plan. This information is to be placed into the Judicial Review Social Study Report (JRSSR) at least three weeks  prior to each judicial review and shall be documented in FSFN.

Rulemaking Authority 39.012, 39.0121(12), (13), 394.9082(12) FS. Law Implemented 39.701, 39.4085(4), (6), (7), 39.601(1)(d), 394.9082, 409.165(1) FS. History–New 5-4-06, Amended_____.

 

65C-28.015 Residential Mental Health Treatment.

(1) Initial Consideration of Need for Residential Treatment.

(a) Residential mental health treatment is provided to a child for the specific purpose of addressing the child’s their mental health needs through observation, diagnosis and treatment in a therapeutic setting, which includes therapeutic group homes and residential treatment centers as defined in Section 394.67, F.S. Residential mental health treatment shall not be used for emergency placements or to provide secure shelter for the child. If the child is in acute psychiatric crisis, the child shall be referred to the crisis stabilization unit for emergency screening and stabilization.

(b) The department and contracted service providers shall comply with the requirements of Section 39.407, F.S., and Florida Rules of Juvenile Procedure 8.350 when pursuing placement of a child into a residential treatment center, as defined in Section 394.67, F.S.

(c) The department or contracted service provider and the district region or zone Substance Abuse and Mental Health Program Office shall establish written procedures that outline the process of how determinations to pursue residential mental health treatment and referrals for placements for children are made, to include criteria for Suitability Assessment referrals, per Section 39.407, F.S., and the provision of behavioral health assessments and services to children during that process.

(2) Out-of-State Placements.

(a) The Ddepartment or contracted service providers shall not approve or participate in funding out-of-state placements for behavioral health treatment of children, unless these placements meet all of the following conditions:

(a)1. The case plan goal is for the child to join a family who resides in the other state; and

(b)2. The home study on the out-of-state home has been completed and the move of the child out-of-state has been approved by the Interstate Compact on the Placement of Children; or and

(c)3. The Regional Managing Director and District/Region or Zone Administrator or community-based care lLead aAgency eExecutive dDirector has provided prior written approval of the placement.

(b) When a placement is made pursuant to this paragraph, the district/region or zone Children’s Mental Health program office shall be notified promptly.

(3) Reviews and Reports of Children in Residential Treatment Centers. The Ddepartment or each contracted service provider shall establish systems to ensure that reports required by Section 39.407(6)(5), F.S., and Florida Rules of Juvenile Procedure 8.350 are prepared and distributed timely and that all requirements for filing with the court are met.

Rulemaking Authority 39.012, 39.0121(13), 394.4781(4)(3)(c), (5), 394.479, Article X (b) FS. Law Implemented 39.407(6)(5)(a)3., 394.4781, 394.4785, 394.479, 394.495 FS. History–New 5-4-06, Amended_____.

 

65C-28.017 Exit Interviews.

Rulemaking Authority 39.012, 39.0121(13), 409.1676(10) FS. Law Implemented 409.165(1) FS. History–New 5-4-06, Repealed_____.

65C-28.018 Meeting the Child’s Educational Needs.

(1) Maintaining the child’s school stability while in out-of-home care in the school or educational setting the child attended prior to entry into out-of-home care is first priority, unless remaining in the same school or educational setting is not in the best interest of the child as documented in FSFN.

(a) If it is not in the child’s best interest to maintain the school of origin upon placement in out-of-home care, the caregiver will work with the child welfare professional, guardian ad litem, and educational surrogate, if appointed, to determine the best educational setting.

(b) Educational settings include any setting set forth in Section 1002.20(6), F.S.

(2) School Enrollment and Records.  When a child enters care or changes schools as the result of a change in placement or any other reason, the child welfare professional responsible for the case shall immediately prepare and submit the necessary paperwork, in accordance with local agreement, to notify the child’s school that the child is in out-of-home care.

(3) If no suitable out-of-home care placement is found within the same geographic boundaries as the school of origin, the child welfare professional shall review the child’s educational progress, records, and the specifics of any special programs in which the child is enrolled or through which the child receives services, and compare the child’s educational needs and current services with the services that are available in the school which serves the geographic area of the intended placement.

(4) If it is in the child’s best interest to remain in the school of origin, the child welfare professional shall, in accordance with local agreement, contact the foster care liaison or other designees as identified within the school district for the child’s school of origin to determine whether the child meets the requirements of the McKinney-Vento Homeless Assistance Act, 42 U.S.C.A. §11431 et seq., as a “child awaiting foster care placement” or whether the school district will otherwise provide transportation to the school of origin, even if the child is moved to another county.

(a) If the school district agrees to provide transportation, the child welfare professional shall immediately arrange transportation to the school of origin in the interim period while awaiting the school district to begin providing the transportation.

(b) If the school district refuses to provide transportation, or declines to define the child as homeless such that the child is not entitled to the protections of the McKinney-Vento Act, the child welfare professional shall discuss this denial with Children’s Legal Services to determine whether the child should engage in the McKinney-Vento dispute resolution process.

(5) Special Education Considerations.

(a) When a child has, is suspected of having, or is identified in any assessment of having a disability, the child welfare professional shall contact the Children’s Legal Services attorney to determine whether the child’s parent  or legal guardian is willing and able to continue to serve as the child’s educational decision maker.

(b) If the child’s parent or legal guardian is unwilling or unable to serve as the child’s educational decision maker, the CLS attorney shall:

1. Determine whether the out-of-home caregiver, excluding theraputic foster parents, is willing and able to attend the necessary training and to serve as the child’s surrogate parent; or

2. Seek the appointment of a surrogate parent by the court.

(6) Documentation.  The child welfare professional shall document in FSFN the following for each child:

(a) Information about the current school or educational setting of the child.

(b) All schools or educational settings the child has attended since the date the child has been in the custody of the Department.

(c) The length of time the child has spent in each school or educational setting.

(d) The number of high school credits each age child 14 years or older has earned.

(e) The child's surrogate parent, if one has been appointed.

(f) The reason for any change in the child's educational setting.

(g) Information regarding the child's educational records, which may include:

1. Report cards;

2. Transcripts;

3. Individual Education Plan; and

4. A 504 plan, developed under the provisions of Section 504 of the Rehabilitation Act of 1973.

Rulemaking Authority 39.012, 39.0121(13), 39.4091(4) FS. Law Implemented  39.4091,  39.6012(2)(b)4  FS. History–New

 

65C-28.019 Normalcy

(1) Caregiver decision-making.

(a) Supervising agency approval is not required for decisions made by the out-of-home caregiver regarding a child’s participation in childhood activities.  Childhood activities include attending or participating in:

1. Extracurricular clubs;

2. School and community sports;

3. Youth group activities;

4. Service organizations;

5. Birthday parties and sleep-overs;

6. Outings with peers;

7. Driver’s education;

8. Vacations with the out-of-home caregiver’s family or other families;

9. School or camp field trips; and

10. Summer and school break camps.

(b) Community-based care lead agencies shall provide training to all foster parents and contracted agencies to ensure normalcy for all children in care, pursuant to Sections 39.4091 and 409.145, F.S.

(2) To ensure quality parenting, out-of-home caregivers shall:

(a) Timely complete all required in-service training;

(b) Mentor and coach birth parents, when available;

(c) Facilitate visits between the child and his or her family, as required;

(d) Refrain from making disparaging remarks to the child about his or her family;

(e) Participate in school parent-teacher conferences;

(f) Ensure the child attends all scheduled health care appointments, including medical and behavioral health;

(g) Deliver age-appropriate life skills training to children ages 13 and older;

(h) As part of progress updates, share information with the supervising agency and Department about the child’s progress, family’s progress, if known, and visitation; and

(i) Be supportive of transitions, including reunification, another adoptive placement, or any other changes in placement.

Rulemaking Authority 39.012, 39.0121(9), 39.4091(4), 409.175(5)(a), 409.145(5), F.S.  Law Implemented 39.4091, 409.145, F.S.  History – New___.

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alissa Cross

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 14, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 21, 2015