65C-29.004. Institutional Child Protective Investigations

(1) If the institutional report involves a Department of Juvenile Justice (DJJ) facility or institution, the child protective investigator shall comply with the investigations of abuse or neglect in DJJ program requirements pursuant to the Interagency Agreement between the Agency for Health Care Administration, Agency for Persons with Disabilities, Department of Children and Families, Department of Juvenile Justice, Department of Education, Department of Health, Guardian ad Litem Program, and Florida’s Office of Early Learning To Coordinate Services for Children Served by More than One Agency (Interagency Agreement), signed October 31, 2012, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04812. The Department and sheriff’s offices shall develop local protocols for the implementation of the Interagency Agreement.

(2) If the report has been assigned an immediate initial response by the Florida Abuse Hotline, it may be downgraded to a 24-hour response, if approved by the immediate supervisor. Approval shall be based on a determination that the child is not currently being harmed or at risk of harm. The rationale for the change shall be approved by the supervisor and documented in FSFN.

(3) Upon receipt of such report, the child protective investigator shall provide the following notifications:

(a) If the institution is exempt from licensing under Section 409.176, F.S., the Florida statewide child care organization responsible for registering non-licensed residential child caring agencies or family foster homes shall be notified;

(b) If the institution is a Department of Juvenile Justice contracted facility or a Department of Juvenile Justice operated facility, immediate notification to the Department of Juvenile Justice State Program Office shall be made;

(c) If the institution is a residential child caring facility, as defined in Sections 409.175 and 409.176, F.S., the facility’s superintendent or designee shall be notified upon initial contact at the institution;

(d) If the institution is a child caring facility, as defined in Section 402.302, F.S., notify the agency responsible for licensing and/or regulatory oversight. Upon initial contact at the facility, the child protective investigator shall verify the name of the licensing or regulatory agency and obtain a contact number for such agency;

(e) If the facility is exempt from licensing, as specified under Sections 409.176 and 402. 316, F.S., notify the owner or operator of the facility;

(f) Notify the child’s attorney, if one has been appointed;

(g) Notify the child’s guardian ad litem of the receipt of the report and ongoing investigation.

(4) For each institutional report he or she receives, the child protective investigator shall:

(a) Review the agency, facility, or program’s prior history of reports and determine which investigations occurred under the current management structure or owner to be able to associate a pattern of reports and responsibility for corrective actions to the appropriate individual or program manager, administrator, or owner.

(b) Conduct a face-to-face contact with the alleged victim. If the child is no longer located at the institution or facility, the on-site visit will occur where the child is located at the time the report is received.

1. For institutional reports where the alleged child victim is no longer located at the institution or facility, the child protective investigation shall be transferred to the county where the institution or facility is located immediately upon completion of the face-to-face contact with the alleged victim and assessment and documentation of the child safety factors.

2. For institutional reports involving multiple alleged victims, only the names and related demographic information of those child victims for whom there has been a determination of not substantiated or verified findings shall be part of the final report.

3. The child protective investigator shall inform the parent or legal custodian of any danger threat(s) to the child and discuss what actions are required on the caregiver’s part to ensure the child’s safety.

4. If the child’s school, daycare, or institution denies the child protective investigator access to the alleged victim, the investigator shall immediately contact a Children’s Legal Services attorney in order to seek court authorization to gain access to the alleged victim.

(c) Determine the nature and extent of the maltreatment. If the child has been examined by either the institution’s medical staff or any other medical professional, the investigator shall consult with such medical staff and obtain a copy of the medical records generated as a result of such examination.

(d) Determine the identity of the person responsible for the maltreatment, including the name, address, gender, and race. In instances which the employee is found to be responsible for abuse, neglect or abandonment in an institutional setting, the child protective investigator (CPI) shall determine whether there is reasonable cause to suspect the employee’s children were abused, abandoned, or neglected by the employee, in which case the CPI must contact the Florida Abuse Hotline.

(e) Determine if immediate safety actions are necessary to protect the child from further abuse, neglect or abandonment. If the program or facility’s owners or administrators have not taken actions to address a situation of harm or threatened harm to a child in their care, the child protective investigator may restrict the alleged perpetrator’s access to the child if:

1. The caregiver has harmed a child or made credible threats to harm a child and continues to have access to the child; or

2. The investigator determines that the safety measures of the facility are insufficient to ensure that a child is not further harmed.

(f) Determine the child’s need for services, if any, and advise the child’s parent or legal custodian of the community resources available to help the child and family cope with the maltreatment.

(g) Discuss the report findings and the child’s need for services or treatment with the child’s parents or legal guardians, case manager and/or DJJ counselor, if assigned and guardian ad litem, if appointed.

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.302 FS. History–New 5-4-06, Amended 12-31-14.