Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.018 - Meeting the Child's Educational Needs

Current through Reg. 50, No. 138; July 16, 2024
(1)
				School stability (for school-age children) and child care or early education
				program stability (for birth to school age) will be prioritized for children in
				out-of-home care, unless it is not in the best interest of the child to remain
				in the school or program of origin as documented in the child welfare
				information system. For purposes of this rule, child care and early education
				programs for infants and toddlers are collectively referred to as "programs."
(a) The child welfare professional shall
				request a multidisciplinary team (MDT) staffing, pursuant to Section
				 39.4022, F.S., when a child has
				an educational change pursuant to Section
				 39.4023(2)(a),
				F.S.
(b) The child welfare
				professional shall invite all participants outlined in Section 39.4023(4)(c)3.,
				F.S., and or any other party deemed necessary to the MDT staffing to determine
				if it is in the child's best interest to remain in the program or school of
				origin and, if not, which school or program the child will attend in the
				future. Participants may attend the MDT utilizing methods outlined in Section
				39.4023(4)(c)3., F.S.
(c)
				Educational settings include any setting set forth in Section
				 1002.20(6),
				F.S.
(d) Child care or early
				educational settings include any setting defined in Sections
				 402.302(2), (8), and
				(11), F.S., or set forth in Section
				 39.604(5)(b),
				F.S.
(e) At minimum, factors
				pursuant to Section 39.4023(4)(c)4. and Section 39.4023(4)(c)5., F.S., must be
				considered when making a determination for the child's educational
				change.
(f) The child welfare
				professional shall document the best interest determination for changing the
				child's educational setting or program and recommendation of each participant
				on the Education Transition Plan, form CF-FSP 5462, (June 2022), incorporated
				by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14521
.
(g) The child welfare professional shall
				develop an individualized transition plan pursuant to Section
				 39.4023(4)(e),
				F.S., each time a child makes a school change, child care, or early education
				change.
1. When a school, child care, or early
				education program change occurs as a result of a placement change, the
				transition plan shall follow the guidelines and timeframes pursuant to Section
				 39.4023(3)(d),
				F.S.
2. Transition plans must be
				completed immediately following the MDT, but no later than 24 hours, when the
				MDT reaches a unanimous decision and changes to the school, child-care, or
				early education program are not related to the child's placement change. If the
				MDT cannot reach a unanimous decision, the transition plan must be completed
				after the Department representative renders a final decision, but no later than
				five (5) business days from the Department's decision.
(h) If remaining in the child care or early
				education program of origin is deemed to not be in the child's best interest,
				then the change in programs shall be made in accordance with Sections
				 39.604(6)  and
				 39.4023(4)(d),
				F.S.