The Department intends to amend Rule 65C-28.011, F.A.C., to clarify (1) when certain types of background checks can be obtained via a search of the Comprehensive Case Information System, and (2) the purpose for which out-of-state local criminal ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.011Criminal, Delinquency and Abuse/Neglect History Checks for Release to a Parent, Placement with a Relative and Non-Relative and Approval of Informal Safety Management Providers

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-28.011, F.A.C., to clarify (1) when certain types of background checks can be obtained via a search of the Comprehensive Case Information System, and (2) the purpose for which out-of-state local criminal information can be used.

SUMMARY: The amendment permits in exigent circumstances a search of the Comprehensive Case Information System until a local criminal records check can be obtained. In addition, the amendment clarifies that out-of-state local criminal information shall be used to determine if placement should be finalized.

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(1), 39.0138(1), FS.

LAW IMPLEMENTED: 39.0138, 39.401(3), 39.521(2)(o)2., FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-28.011 Criminal, Delinquency and Abuse/Neglect History Checks for Release to a Parent, Placement with a Relative and Non-Relative and Approval of Informal Safety Management Providers.

(1) The following criminal, delinquency and abuse/neglect history checks shall be performed when a child is initially placed or remains with a relative or non-relative:

(a) No change.

(b) For all household members age 12 or older, a local criminal records check must which may be requested through local law enforcement. When circumstances exist that prevent local law enforcement from conducting local criminal record checks, or through a search of the Comprehensive Case Information System (CCIS) may be used until local criminal records check can be obtained. The child welfare profesional shall make ongoing efforts to obtain a local criminal records check. A request for call outs regarding the household members from police and sheriff’s offices must be made and reviewed prior to placement when results are available.

(c) through (g) No change.

(h) For any household member whose NCIC check returns an arrest history for a charge that may have implications for child safety, a request shall be made for out-of-state local criminal information to determine if the placement shall be finalized.

(i) For all household members age 12 and older, a Clerk of Court Search must be conducted by the child protection investigator for ongoing services.

(j) For all household members age 18 and older, a Florida Sexual Offenders and Predators Registration check must be conducted by the child protection investigation for ongoing services.

(2) through (9) No change.

Rulemaking Authority 39.012, 39.0121(1), 39.0138(1) FS. Law Implemented 39.0138, 39.401(3), 39.521(2)(o)2. FS. History–New 5-4-06, Amended 5-8-16, 2-5-18,_Amended____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Monique McCaskill

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 24, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 31, 2020