The Department intends to amend Rule 65C-30.007, Case Management Responsibilities After Case Transfer, to specify the background checks that must be completed when a new household member moves into the child’s home.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-30.007Case Management Responsibilities After Case Transfer

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-30.007, Case Management Responsibilities After Case Transfer, to specify the background checks that must be completed when a new household member moves into the child’s home.

SUMMARY: New household members will be required to complete: 1) local, state, and federal criminal records checks; 2) a juvenile delinquency check for new household members aged 12 to 26; 3) a Florida abuse and neglect history check; and 4) an out-of-state abuse/neglect records for new household members who have resided in any other state during the past five years.

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(13), 39.5075(8) FS.

LAW IMPLEMENTED: 39.0138, 39.5075, 39.6011, 39.6012 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 850-717-4470 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-30.007 Case Management Responsibilities After Case Transfer.

(1) No change.

(2) Contacts with Parent or Legal Guardian, and Caregiver Living in Florida.

(a) through (b) No change.

(c) If the case manager learns that a new household member adult has moved into the child’s home, the following background checks must be completed a state and local criminal, juvenile and abuse/neglect history check shall be performed and documented as part of the ongoing family functioning assessment or progress update, and the judicial review and the Unified Home Study must will be updated within 30 days:

1. Local criminal records check, including 911 calls, for new household members aged 12 and older;

2. Florida Crime Information Center (FCIC) check for new household members aged 12 and older;

3. Juvenile delinquency check for new household members aged 12 to 26;

4. Department of Corrections Offenders Search for new household members aged 18 and older;

5. Florida Department of Law Enforcement (FDLE) Florida Sexual Offenders and Predators Search & National registry check for new household members aged 18 and older;

6. Florida abuse/neglect history check on all new household members;

7. Out-of-state abuse/neglect records for new household members aged 18 and older who have resided in any other state during the past five years; and

8. A records check conducted by a Florida Clerk of Court or the Comprehensive Case Information System (CCIS), at a minimum in the location where the local criminal records check is conducted, for all new household members aged 12 and older.

(3) through (12) No change.

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