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

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

(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:

1. An evaluation of whether the family’s current situation is temporary and the 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.

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

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

(d) The child welfare professional 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 is such that the parent is unable to provide or arrange for necessary care for the child and the Department 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 by the Children’s Multidisciplinary Assessment Team (CMAT); 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.

(3) Once a child has been determined eligible for medical out-of-home care, 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) 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 Department or contracted service provider shall enter into a written “Voluntary Placement Agreement,” CF-FSP 5004, March 2016, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06691.

(5) Return of Child. When a parent or legal guardian 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;

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

(c) 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. The child welfare professional shall immediately report allegations to the Florida Abuse Hotline.

(6) 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 days unless the Regional Managing Director, community-based care lead agency Executive Director, or a designee has determined the specific circumstances of a child or family necessitates continued placement beyond 90 days 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 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.

Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.402(15) FS. History–New 5-4-06, Amended 5-8-16.