reglab/statecodes huggingface dataset:
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-25 - SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF MILDLY-ILL CHILDREN › Section 65C-25.003 - General Information

Current through Reg. 50, No. 138; July 16, 2024
(1) Application.
(a) Application must be made on CF-FSP Form
				5237, Dec. 2019, Application For A License To Operate a Specialized Child Care
				Facility for Mildly Ill Children, which is incorporated by reference and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11410
.
(b) Each completed application must be
				submitted to the licensing authority, with the statutory licensing fee pursuant
				to Section  402.315(3),
				F.S.
(c) The completed CF-FSP Form
				5237 must be signed by the individual owner, prospective owner, or the
				designated representative of a partnership, association, or corporation. Child
				care facilities that have a well system must maintain current written records
				indicating the well system meets the requirements of the Department of Health
				on an annual basis.
(d) A completed
				CF-FSP Form 5237 for renewal of an annual license must be submitted to the
				department or local child care licensing agency at least 45 days prior to the
				expiration date of the current license to ensure that a lapse of licensure does
				not occur. Failure to submit a completed CF-FSP Form 5237 at least 45 days
				prior to the expiration date of the current license constitutes a licensing
				violation. The Department shall impose an administrative fine of $50.00 for the
				first occurrence, $100.00 for the second occurrence, and $200.00 for each
				subsequent occurrence within a five-year period.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-25 - SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF MILDLY-ILL CHILDREN › Section 65C-25.004 - Physical Environment (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 402.305 FS. Law Implemented
					 402.305
					 FS.
New 5-21-00, Amended 7-13-03, Repealed
					 11-26-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-25 - SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF MILDLY-ILL CHILDREN › Section 65C-25.005 - Personnel Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 402.305 FS. Law Implemented
					 402.305
					 FS.
New 5-21-00, Repealed
					 11-26-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-25 - SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF MILDLY-ILL CHILDREN › Section 65C-25.006 - Health and Safety (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 402.305 FS. Law Implemented
					 402.305
					 FS.
New 5-21-00, Amended 7-13-03, Repealed
					 11-26-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-25 - SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF MILDLY-ILL CHILDREN › Section 65C-25.007 - Food and Nutrition (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 402.305 FS. Law Implemented
					 402.305
					 FS.
New 5-21-00, Amended 7-13-03, Repealed
					 11-26-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-25 - SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF MILDLY-ILL CHILDREN › Section 65C-25.008 - Record Keeping (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 402.305 FS. Law Implemented
					 402.302,
					 402.305,
					 402.3055
					 FS.
New 5-21-00, Amended 7-13-03, Repealed
					 11-26-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-25 - SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF MILDLY-ILL CHILDREN › Section 65C-25.009 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) Child care facilities for mildly ill
				children are subject to enforcement pursuant to Rule
				 65C-22.010, F.A.C.
(2) Violations of specific licensing
				standards are described in form CF-FSP 5445, Oct 2019, Specialized Child Care
				Facilities for the Care of Mildly-Ill Children Classification Summary, which is
				incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11226
.
Rulemaking Authority
					 402.305,
					 402.310 FS. Law Implemented
					 402.305,
					 402.310
					 FS.
New 11-26-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-26 - TEACHER EDUCATION AND COMPENSATION HELPS (T.E.A.C.H.) SCHOLARSHIP PROGRAM › Section 65C-26.001 - General Information (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 402.3017 FS. Law Implemented
					 402.3017
					 FS.
New 5-29-01, Transferred to
					 60BB-4.997.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-26 - TEACHER EDUCATION AND COMPENSATION HELPS (T.E.A.C.H.) SCHOLARSHIP PROGRAM › Section 65C-26.002 - Program Guidelines (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 402.3017 FS. Law Implemented
					 402.3017
					 FS.
New 5-29-01, Transferred to
					 60BB-4.998.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-26 - TEACHER EDUCATION AND COMPENSATION HELPS (T.E.A.C.H.) SCHOLARSHIP PROGRAM › Section 65C-26.003 - Allocation Methodology (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 402.3017 FS. Law Implemented
					 402.3017
					 FS.
New 5-29-01, Transferred to
					 60BB-4.999.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-27 - SUITABILITY ASSESSMENTS › Section 65C-27.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 39.407(6)(i)
					 FS. Law Implemented 39.407(6)
					 FS.
New 12-30-01, Amended 3-12-17, 12-3-19, Repealed
					 2-7-23.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-27 - SUITABILITY ASSESSMENTS › Section 65C-27.002 - Timeframes (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 39.407(6)(i)
					 FS. Law Implemented 39.407(6)
					 FS.
New 12-30-01, Amended 3-12-17, 12-3-19, Repealed
					 2-7-23.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
All definitions for this rule are located in Rule
				   65C-30.001,
				  F.A.C.
Rulemaking Authority
					 39.012,
					 39.0121,
					 39.5085(2)(a),
					 63.233,
					 409.175(5) FS.
					 Law Implemented  39.401(3),
					  39.407,
					  39.5085,
					  39.521,
					  39.701,
					  409.145(1),
					  409.165(1),
					  409.175,
					  409.401 FS.
New 5-4-06, Amended
					 5-8-16.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.002 - Family Time

Current through Reg. 50, No. 138; July 16, 2024
(1) Family Time
				between a Child in Out-of-Home Care and Parents.
(a) Family Time between the child and the
				child's parents shall occur in accordance with court orders. If the court order
				conflicts with the safety plan, the child welfare professional shall contact
				Children's Legal Services to determine what steps will be taken to modify
				family time. If at any time the safety of the child can not be assured, family
				time shall be suspended for up to 72 hours and the child welfare professional
				shall contact Children's Legal Services to determine what steps will be taken
				to modify family time.
(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.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.003 - Medical Treatment

Current through Reg. 50, No. 138; July 16, 2024
(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, 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.
(2) Ongoing health care and treatment shall
				include physical, dental and vision examinations as required by Rule Chapter
				59G-4, F.A.C., "Medicaid Services."
(a) If a
				child is Medicaid eligible, these services shall be sought first 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.
(b)
				If the child welfare professional responsible for the case receives a notice
				for a scheduled child health check-up, he or she shall immediately send copies
				to the child's custodial parent, the child's licensed out-of-home caregiver or
				relative or non-relative caregiver. Information pertaining to the child's
				health check-up shall be documented in FSFN by the child welfare professional
				responsible for the case within 48 hours of notification of completion of the
				medical appointment.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.004 - Comprehensive Placement Assessment (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 39.012,
					 39.0121(2), (6), (12),
					 (13),
					 39.0137,
					 39.307(7),
					 39.523(5),
					 409.145(5) FS.
					 Law Implemented  39.307(1)(b),
					  39.407,
					  39.523,
					  409.145(2) 
					 FS.
New 5-4-06, Amended 5-8-16, 5-30-19, 5-20-21, Repealed
					 12-25-22.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.005 - Changing Placements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 39.012,
					 39.0121(3), (12),
					 (13),
					 409.145(5),
					 409.165(3) FS.
					 Law Implemented  39.522,
					  409.145,
					  409.165(4) 
					 FS.
New 5-4-06, Amended 5-8-16, Repealed
					 12-25-22.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.006 - Permanency Staffings

Current through Reg. 50, No. 138; July 16, 2024
(1) Permanency
				staffings shall be held:
(a) When preparing
				for a permanency hearing; and,
(b)
				As the Department or contracted service provider deems
				necessary.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.007 - Voluntary Licensed Out-of-Home Care

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.010 - Minor Parents in the Custody of the Department

Current through Reg. 50, No. 138; July 16, 2024
(1) When a minor child in the custody of the
				Department 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 with an in-home safety
				plan. 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.
(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
				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 of the Social Security Act eligible, the total payment is Title
				IV-E reimbursable.
Rulemaking Authority
					 39.012,
					 39.0121(13) FS.
					 Law Implemented 39.402(7)
					 FS.
New 5-4-06, Amended
					 5-8-16.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.012 - Other Parent Home Assessment and Home Studies for Relative and Non-Relative Placements

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to release
				or placement of a child with another parent, an "Other Parent Home Assessment,
				" CF-FSP 5411, October 2013, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06741
,
				must be completed.
(2) For each
				non-licensed placement, a home study shall be completed by the child welfare
				professional responsible for the case prior to the placement of the child in
				the out-of-home caregivers' home. In all instances, the completed home study
				shall be filed with the court.
(3)
				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) Whether each proposed out-of-home
				caregiver understands and is able to meet the child's need for
				protection.
(b) 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) Whether each proposed out-of-home
				caregiver has been informed regarding rights and responsibilities in the
				dependency process.
(d) Whether
				each proposed out-of-home caregiver will provide nurturing care and can ensure
				a safe home.
(e) Whether each
				proposed out-of-home caregiver has a history free from child abuse and free of
				a criminal record.
(f) Whether each
				proposed out-of-home caregiver is financially able to care for the child and a
				determination of whether the out-of-home caregivers' financial situation would
				cause total dependence on financial assistance to care for the child. This
				shall include a summary of the out-of-home caregivers' understanding of the
				financial assistance, if any, and other services that will be available from
				the Department or contracted service provider to assist in caring for the
				child.
(g) Whether each proposed
				out-of-home caregiver has been counseled on available support in the
				community.
(h) Whether or not the
				placement is to be recommended and an explanation of the
				decision.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.014 - Behavioral Health Services

Current through Reg. 50, No. 138; July 16, 2024
(1) A child
				shall be referred for a Comprehensive Behavioral Health Assessment (CBHA):
(a) When a child is in shelter status, the
				child welfare professional responsible for the case shall refer the child for a
				CBHA within seven (7) calendar days of being removed from his or her household,
				or
(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 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 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.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.015 - Residential Mental Health Treatment

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Initial Consideration of Need for Residential Treatment. Residential mental
				health treatment is provided to a child for the specific purpose of addressing
				the child's 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 a crisis stabilization unit for emergency screening
				and stabilization in accordance with Sections
				 394.463 and
				 394.467, F.S.
(2) Suitability Assessment Process.
				Definitions and timeframes are provided in Chapter 65C-27, F.A.C.
(3) Behavioral Health Needs of Children in
				Out-of-Home Care. The behavioral health needs of children shall be addressed on
				an ongoing basis. Behavioral health services for the child or adolescent shall
				continue while determining the need for residential treatment and while seeking
				placement in accordance with recommendations.
(4) Out-of-State Placements.
(a) It is the policy of the Department that
				children will not be placed in a state other than Florida for residential
				mental health treatment. Exceptions to this policy must meet the requirements
				outlined in subparagraph (a)1. or (a)2.:
1.
				The reunification plan is for the child to join family members who live in the
				other state; and,
a. The home study on the
				family in the other state is complete and approved; and,
b. Placement in residential treatment is for
				a transitional period not to exceed three (3) months.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.016 - Psychotropic Medications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 39.407(3)(g)
					 FS. Law Implemented 39.407(3)
					 FS.
New 5-4-06, Repealed
					 12-14-10.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.017 - Exit Interviews

Current through Reg. 50, No. 138; July 16, 2024
(1) The child
				welfare professional or designee shall conduct an exit interview with every
				child age five and older up until the eighteenth birthday who leaves a licensed
				out-of-home care placement if the child has resided in that placement for 30
				days or more. Attempts shall be made to conduct an exit interview with young
				adults who exit extended foster care.
(a) The
				interview shall be conducted within five business days of the child's exit from
				the licensed out-of-home care placement.
(b) The child welfare professional will make
				and document a minimum of three attempts to interview a youth who is 17 years
				old before transitioning from licensed out-of-home care to adulthood. All
				attempts shall be documented in the CCWIS system.
(c) If the child alleges abuse, neglect, or
				any maltreatment during the exit interview, the interviewer shall make an
				immediate report to the Florida Abuse Hotline.
(d) If the child reports issues relating to
				the quality of care that do not rise to the level of abuse, neglect, or
				maltreatment, the interviewer shall report these issues to the licensing unit
				responsible for licensing the out-of-home caregiver or group care facility
				within three business days of completion of the exit interview and document the
				notification in the CCWIS system.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.019 - Normalcy

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.020 - Fingerprint Exemptions for Household Members

Current through Reg. 50, No. 138; July 16, 2024
(1) Household members, excluding current and
				potential caregivers, 18 years of age and older, who have a physical,
				developmental, or cognitive disability that prevents that person from safely
				submitting fingerprints can request an exemption from the fingerprinting
				requirements set forth in subsection
				 39.0138(1),
				F.S.
(2) Individuals seeking the
				exemption must provide supportive documentation from a licensed health
				professional outlining justification that the individual is unable to submit
				fingerprints safely due to a disability, and that the disability does not
				present a safety concern for children in the home. The supporting documentation
				must be provided to the child welfare professional no later than 10 calendar
				days after an emergency placement.
(3) The child welfare professional shall
				complete a "Fingerprint Exemption Request" form, CF-FSP 5436, Feb 2019,
				incorporated by reference and available at
https://www.flrules.org/Gateway/Reference.asp?No=Ref-10319
,
				and submit it to the Department's regional managing director or designee for
				review within 72 business hours of receiving the supporting
				documentation.
(4) The Department's
				regional managing director or designee shall make a determination to grant or
				deny the exemption request within 10 days of receiving the request. In
				determining whether to grant an exemption, the regional managing director or
				designee shall consider the requirements outlined in section
				 39.0138(2)(b),
				F.S.
a. The Department will upload the
				Fingerprint Exemption Request form into the Caretaker Screening Information
				System (CSIS) within five (5) business days of an exemption
				determination.
b. The Department
				will provide the signed Fingerprint Exemption form to the requesting
				agency.
c. The requesting agency
				will upload the determination into the Florida Safe Families Network (FSFN)
				provider file cabinet upon receipt.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.021 - Qualified Residential Treatment Programs

Current through Reg. 50, No. 138; July 16, 2024
This rule applies to qualified residential treatment programs
				  (QRTP). A QRTP is a licensed child-caring agency that provides care for youth
				  who have serious emotional or behavioral disorders or disturbances.
(1) Placement of a child in a qualified
				residential treatment program (QRTP) is for the specific purpose of addressing
				the child's emotional and behavioral health needs through observation,
				diagnosis, and treatment in a treatment setting. QRTPs must not be used for
				emergency placements or to provide secure shelter for the child. If the child
				is in acute psychiatric crisis, the child must be referred to a crisis
				stabilization unit for emergency screening and stabilization in accordance with
				Sections  394.463 and
				 394.467, F.S.
(2) The community-based care (CBC) lead
				agency must maintain documentation of a child's placement in a QRTP and is
				responsible for ensuring that each child receives as assessment prior to
				placement in the QRTP.
(3) For
				placement in a behavioral qualified residential treatment program (BQRTP)
				licensed pursuant to Rule
				 65C-46.0211, F.A.C. the
				assessment must be completed by the Qualified Individual (QI). A Qualified
				Individual is the child's treating licensed clinical professional, a Qualified
				Evaluator outlined in s.
				 39.407(6),
				F.S., or a Comprehensive Behavioral Health Assessor who meets the
				qualifications as required in the Agency for Health Care Administration,
				"Specialized Therapeutic Services Coverage and Limitations Handbook," March
				2014, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16546
.
(a) A child may be placed in a BQRTP based on
				the preliminary assessment recommendation from a QI. However, the final
				assessment by QI must be completed within 30 calendar days to continue
				placement in the setting.
(b) A
				preliminary assessment must include the following components:
1. A face-to-face attempt with the
				child,
2. Review of the
				Comprehensive Placement Assessment completed during the placement
				multidisciplinary team staffing pursuant to Rule
				 65C-30.023, F.A.C.,
				and
3. The reasons that support the
				preliminary recommendation for placement.
(c) The final assessment must include the
				components set forth in paragraph (5).
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.022 - State Institutional Claims for Damages Caused by Children in Out-of-Home Care

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) "Department" means the Department of
				Children and Families.
(b) "Child"
				means a child in licensed out-of-home care.
(c) "Claimant" means a licensed caregiver who
				submits a restitution claim alleging property damages and/or direct medical
				expenses for his or her injuries under Section
				 402.181, F.S.
(d) "Damages" means physical harm caused by
				something in such a way as to impair its value, usefulness, or normal function.
				Routine maintenance incidental to running a household, such as cleaning floors,
				counters, appliances, dishes, and clothing, as well as lawn maintenance, are
				not damages that can be reimbursed.
(e) "Incident" means the occurrence of
				property damage and/or medical injury resulting from the same or similar event
				or occurrence in time.
(f)
				"Preponderance of the evidence" means the party bearing the burden of proof
				must present evidence which shows that the fact to be proven is more probable
				than not.
(g) "Restitution" means
				recompense for injury or loss.
(h)
				"Restitution claim" means any reimbursement claim resulting from property
				damages and/or direct medical expenses for injuries caused by a resident(s)
				that has not been restored or recompensed through another
				entitlement.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.024 - Placement Transitions

Current through Reg. 50, No. 138; July 16, 2024
(1) A placement
				transition multidisciplinary team (MDT) staffing must be held when there are
				changes in physical custody after a child is placed in out-of-home care. This
				rule applies to transitions when there are changes in physical custody after a
				child is placed in out-of-home care.
(a) This
				rule does not apply to transitions for children transitioning to adulthood. The
				requirements specific to transitioning to adulthood can be found in Rule
				 65C-28.009, F.A.C., of this
				chapter.
(b) This rule does not
				apply to transitions for children due to an adoption intervention. The
				requirements specific to adoption interventions can be found in Rule
				 65C-16.009,
				F.A.C.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-29 - PROTECTIVE INVESTIGATIONS › Section 65C-29.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
All definitions for this rule are located in Rule
				   65C-30.001,
				  F.A.C.
Rulemaking Authority
					 39.012,
					 39.0121 FS. Law Implemented
					 39.301,
					 39.302,
					 39.307
					 FS.
New 5-4-06.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-29 - PROTECTIVE INVESTIGATIONS › Section 65C-29.002 - Reports of Child Abuse, Neglect or Abandonment

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department shall maintain an
				automated master file for all calls received by the Florida Abuse Hotline for
				screening. This file shall contain information on all calls received concerning
				a child and be maintained in the Department's automated system of
				record.
(2) The telephone number
				from which a call to the Florida Abuse Hotline is placed (Caller ID) shall only
				be used for subsequent contact in the following circumstances:
(a) If the telephone number provided by
				Caller ID is the same as provided by the reporter.
(b) If the caller is a child who is
				self-reporting abuse, neglect or abandonment and the child's immediate location
				is unclear or not known, the Department employee or agent shall attempt to
				verify the location.
(c) If all
				means to locate any child victim and attempts to contact the reporter at the
				telephone number provided by the reporter are unsuccessful. The purpose of this
				is to obtain additional information that would allow the child and/or family to
				be located and seen.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-29 - PROTECTIVE INVESTIGATIONS › Section 65C-29.003 - Child Protective Investigations

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Responding to Reports.
(a) The child
				protective investigator supervisor may downgrade an immediate response to a
				24-hour response only if the local investigative unit has obtained additional
				information from the reporter or law enforcement subsequent to the information
				collected by the Florida Abuse Hotline that indicates the child is no longer in
				imminent danger of being harmed. The rationale for this determination shall be
				approved by the supervisor and documented in the Florida Safe Families Network
				(FSFN).
(b) When a report is
				received on a child who is a resident of Florida and the alleged maltreatment
				occurred in Florida, but the child is temporarily out of state, the
				investigation shall be commenced by contacting the child welfare agency
				responsible for child abuse or neglect investigations in the state where the
				child is temporarily located. The purpose of the contact is to request a timely
				face-to-face interview with the child in order to ascertain his or her safety,
				and to determine when the child is expected to return to Florida.
(c) In instances where the Florida Abuse
				Hotline accepts an abuse report but the child protective investigator
				subsequently determines through obtaining additional information that the
				allegations or facts do not meet the criteria for an investigation, the report
				shall be closed as "No Jurisdiction, " after review and approval by the child
				protective investigator supervisor.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-29 - PROTECTIVE INVESTIGATIONS › Section 65C-29.004 - Institutional Child Protective Investigations

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-29 - PROTECTIVE INVESTIGATIONS › Section 65C-29.005 - Children Denied Shelter (Lockouts) (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 39.012,
					 39.0121 FS. Law Implemented
					 39.01,
					 39.012,
					 39.201,
					 39.301
					 FS.
New 5-4-06, Repealed
					 12-31-14.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-29 - PROTECTIVE INVESTIGATIONS › Section 65C-29.006 - Foster Care Referrals

Current through Reg. 50, No. 138; July 16, 2024
(1) Foster care
				referrals involve concerns about possible licensing violations and regulatory
				infractions for children in an emergency shelter or out-of-home placement, or
				placement disruptions, case plan, and safety plan violations for children under
				the supervision of the Department or its authorized agents. Foster care
				referrals do not contain allegations of abuse, neglect or abandonment. If child
				maltreatment is identified or suspected during assessment of the foster care
				referral, the responder shall contact the Florida Abuse Hotline for the purpose
				of reporting the maltreatment and initiating a separate child protective
				investigation.
(2) The unit or
				agency responsible for licensing the foster home, group home or emergency
				shelter home shall initiate the assessment within 72 hours of receipt of the
				referral.
(3) In cases involving
				licensed care, the licensing unit or agency staff shall complete the assessment
				and determine corrective actions required, if any, within five (5) working days
				of the receipt of the referral.
(4)
				In cases involving unlicensed relatives, non-relative caregivers, or families
				under the supervision of the Department or its authorized agents, the assigned
				child welfare professional shall complete the assessment and determine
				corrective actions required, if any, within five (5) working days of the
				receipt of the referral.
Rulemaking Authority
					 39.012,
					 39.0121,
					 409.175 FS. Law Implemented
					 39.201,
					 409.175(8)(b)
					 FS.
New 5-4-06, Amended 12-31-14,
					 1-7-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-29 - PROTECTIVE INVESTIGATIONS › Section 65C-29.007 - Child-on-Child Sexual Abuse

Current through Reg. 50, No. 138; July 16, 2024
(1) To reduce
				the stigma of child-on-child sexual abuse and reduce further harm to the child
				victim(s), the child protective investigator shall use a family-centered,
				trauma-informed approach to conduct the assessment process.
(2) Referrals for services shall not be
				initiated when, in the determination of the protective investigator, the
				reported incident contains elements of normal sexual exploration that is
				voluntary, spontaneous, and typically involves same-age children.
(3) Referrals for services shall be initiated
				when sexual behaviors are documented to be repetitive, unresponsive to adult
				intervention and supervision, equivalent to adult criminal violations, and
				pervasive - representative of a wide array of developmentally unexpected sexual
				acts.
(4) Case planning and
				determination of treatment needs are to be conducted through a
				multi-disciplinary staffing approach involving the child's parents, child
				protective investigative staff, law enforcement, representatives of the child
				protection team of the Department of Health or Children Advocacy Centers, and
				community-based care providers under contract with the Department to provide
				ameliorative and treatment services as appropriate.
(5) In those situations where the parent or
				legal guardian does not agree with the multidisciplinary staffing
				recommendations for further assessment or treatment for the juvenile sexual
				offender or child exhibiting inappropriate sexual behavior, the child
				protective investigator will staff the case with Children's Legal Services for
				consideration of filing a petition for dependency to address the child's
				on-going need for therapeutic interventions.
Rulemaking Authority
					 39.012,
					 39.0121,
					 39.307(7) FS.
					 Law Implemented 39.307
					 FS.
New 5-4-06, Amended
					 12-31-14.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-29 - PROTECTIVE INVESTIGATIONS › Section 65C-29.008 - Initial Health Care Assessment for Children Alleged to be Abused, Neglect or Abandoned

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless a child
				is exhibiting signs or symptoms of illness, an initial health care assessment
				by a licensed health care professional shall be completed for every child
				placed with a relative, non-relative, or in licensed care within five (5)
				working days of the removal. A child who appears to be sick or in physical
				discomfort shall be examined by a licensed health care professional within 24
				hours.
(2) Whenever possible, the
				assessment should be conducted by the child's regular pediatrician, physician's
				assistant, or nurse practitioner. In instances when the child has not been
				regularly seen by a pediatrician, physician's assistant, or nurse practitioner,
				the assessment shall be completed by one of the following listed in
				preferential order:
(a) A physician,
				physician's assistant, or nurse practitioner selected by the parent or legal
				guardian, or
(b) Medical staff from
				the Child Protection Team (CPT).
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-29 - PROTECTIVE INVESTIGATIONS › Section 65C-29.009 - Criminal, Juvenile and Abuse/Neglect History Checks

Current through Reg. 50, No. 138; July 16, 2024
(1) For each report received, the child
				protective investigator shall request a local history check from local law
				enforcement on all subjects of the report, household members and any adult
				visitor to the home who provides care or supervision of the child outside the
				parent's immediate presence within 24 hours of the person's identity and
				demographic information becoming known to the investigator. The request for the
				local law enforcement history check shall include any call-out history to the
				family's residence.
(2) For any
				persons residing in the household or additional subjects of the report that
				were not included in the initial record checks completed by the Florida Abuse
				Hotline, the child protective investigator shall request the Hotline to
				complete additional checks on these individuals within 24 hours of the person's
				identity and demographic information becoming known to the investigator; and
(a) Perform a check of the Department's
				statewide automated child welfare system for prior and/or current child
				protective investigations and/or ongoing services involvement with these
				persons.
(b) Request a local
				criminal history check from local law enforcement.
(c) Perform a Florida Clerk of the Courts
				search in the household member's county of residence or a search of the
				Comprehensive Case Information System (CCIS), in cases when a placement is
				being considered.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-29 - PROTECTIVE INVESTIGATIONS › Section 65C-29.010 - False Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) When a child
				protective investigator suspects that a false report has been made, the
				investigator shall advise the reporter of the potential administrative fines,
				civil and criminal penalties associated with the filing of a false
				report.
(2) In determining whether
				a report has been filed maliciously, the Department shall consider the
				following factors:
(a) There are no
				indicators of abuse, neglect or abandonment as alleged in the report.
(b) The reporter has made contradictory or
				inconsistent statements when questioned about how the reported information was
				obtained.
(c) Prior allegations
				made by this reporter have been determined to be patently unfounded or to have
				no indicators of abuse, neglect or abandonment.
(d) There is credible evidence that the
				reporter has a history of disputes or seeking retaliation against the alleged
				perpetrator or other family members.
(e) There is a history of unresolved custody
				issues between the reporter and the alleged perpetrator or other family
				members.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-29 - PROTECTIVE INVESTIGATIONS › Section 65C-29.011 - Out-of-Town Inquiries

Current through Reg. 50, No. 138; July 16, 2024
(1) Out-of-town
				inquiries (OTIs) are requests for information exchange between child protective
				investigators working in counties of different jurisdiction.
(a) Requests for interviews of subjects of
				reports;
(b) Requests for
				intra-state home studies for relative/non-relative emergency placements; and,
(c) Requests for local criminal
				history checks.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-29 - PROTECTIVE INVESTIGATIONS › Section 65C-29.012 - Transfer of Child Protective Investigations Within and Between Circuits

Current through Reg. 50, No. 138; July 16, 2024
(1) The transfer of a child protective
				investigation within and between circuits shall be initiated by the supervisor
				requesting the transfer via telephone or e-mail within 24 hours of
				identification of the need for transfer.
(2) Prior to initiating the request for
				transfer, the supervisor shall ensure that all information collected to date
				and the specific circumstances warranting the transfer are fully documented in
				the investigative file.
(3) Any
				disagreements regarding the acceptance of a transfer request between
				supervisors shall be referred directly to each region's program manager or
				designee for resolution within 24 hours of the refusal of the transfer
				request.
Rulemaking Authority
					 39.012,
					 39.0121 FS. Law Implemented
					 39.0121
					 FS.
New 5-4-06, Amended
					 12-31-14.