Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-9 - UNDOCUMENTED FOREIGN NATIONAL CHILDREN › Section 65C-9.003 - Procedure for Handling Undocumented Foreign National Children Alleged to Be Abused, Neglected or Abandoned

Current through Reg. 50, No. 138; July 16, 2024
(1)
				All calls received by the statewide Department of Children and Family Services
				Abuse hotline ("Hotline") will be screened without regard to the immigration
				status of the alleged victim or the family or household of the victim, pursuant
				to the procedures established in Chapter 65C-10, F.A.C. A child's immigration
				status will be determined through SAVE only, concurrent with the ongoing
				investigation into allegations of abuse, abandonment or neglect, and only in an
				effort to promote the child's best interests which includes ascertaining, in
				good faith, a child's eligibility for public benefits or need for a special
				immigrant juvenile visa. No such status check or other contact shall be made
				for the purpose of seeking the child's or the family's detention by INS or the
				initiation or resumption of deportation or exclusion proceedings against the
				child or the child's family, irrespective of the outcome of the dependency
				proceeding. No Department of Children and Family Services staff member may
				attempt to place any alien child in INS custody. The immigration status of a
				child shall have no bearing on either the care or service rendered by
				Department of Children and Family Services to a child or on judicial
				proceedings undertaken by Department of Children and Family Services on behalf
				of the child. In the event an abuse report is determined to be unfounded,
				Department of Children and Family Services shall not thereafter communicate
				with the INS concerning the child or the child's family.
(2) Absent an immediate and life-threatening
				emergency, no call will be accepted by the Hotline for alleged abuse,
				abandonment, or neglect of an undocumented alien child who is documented to be
				in INS custody. Such callers will be referred to the appropriate officials
				within the United States Department of Justice to investigate and to take
				appropriate remedial steps if any are necessary. Such referrals shall, however,
				be promptly documented by the Hotline. All other calls of alleged abuse,
				abandonment or neglect will be taken by the Hotline and investigated by
				Department of Children and Family Services, regardless of a child's immigration
				status.
(3) Department of Children
				and Family Services Protective Investigators will respond to the scene to
				determine the safety of the child, without regard to immigration status, and
				stabilize the situation, pursuant to Chapter 65C-10, F.A.C.
(4) Department of Children and Family
				Services shall not place in a dependency petition reference to a child's
				alienage or immigration status, or to the INS unless such reference is in good
				faith material to the grounds for the petition's allegation of abuse, neglect
				or abandonment.
(5) Nothing
				contained in this rule shall preclude Department of Children and Family
				Services from, following appointment for the child of legal counsel and a
				Guardian Ad Litem, requesting the assistance of a private international social
				service agency in determining the appropriateness of reunification of the child
				with family members abroad, in accordance with criteria established by Florida
				law for determining the appropriateness of reunification within the United
				States. No child shall depart the United States under this provision prior to
				exhaustion of all judicial appeal periods following a court order authorizing
				same, absent agreement on behalf of the child by his or her counsel.
(6) No extension of time to comply with
				Chapter 39's deadline for filing a dependency petition shall be sought by
				Department of Children and Family Services to ascertain a child's immigration
				status. Nothing contained in this paragraph shall preclude Department of
				Children and Family Services from seeking reasonable extensions of time when
				necessary to promote the best interests of the child to the extent authorized
				by statute or the Florida Rules of Juvenile Procedure.
(7) When an undocumented or PRUCOL alien
				child is adjudicated dependent and deemed eligible for long term foster care
				and it is determined to be in the child's best interest to remain in the United
				States, Department of Children and Family Services shall promptly seek a
				special interest order from the Circuit Court on the child's behalf. If
				Department of Children and Family Services determines that such child, who has
				been adjudicated dependent, does not meet the criteria for entry of a special
				interest order, the Department of Children and Family Services official making
				that decision shall advise the child, if of suitable age, the child's Guardian
				Ad Litem, and counsel, if any, in writing of the specific factual or legal
				basis for the decision. A copy of this notice shall become part of the child's
				case file.
(8) Department of
				Children and Family Services shall either (a) directly or pursuant to service
				contract handle the application for a special juvenile immigrant visa on behalf
				of a child for whom a special interest order has been obtained by Department of
				Children and Family Services or (b) ensure that a volunteer attorney for
				Department of Children and Family Services submits the visa application within
				sixty (60) days of the entry of the special interest order, failing which the
				obligation to do so shall revert to the Department of Children and Family
				Services.
(9) In the event a
				working group or committee is established between INS and Department of
				Children and Family Services with respect to actual or prospective dependent
				children who are undocumented or PRUCOL aliens, the district administrator
				whose district participates in such group or committee shall invite a
				representative of the Guardian Ad Litem program and legal services or legal aid
				agency, if any, to at least become an observer, if not a participant of that
				group or committee.
(10) Department
				of Children and Family Services shall promptly furnish a complete copy of this
				rule to each of its personnel responsible for discharging Department of
				Children and Family Service's obligations under Chapters 39, 409 and 415,
				F.S.
Rulemaking Authority
					 39.012,
					 409.026(8),
					 415.514 FS. Law Implemented
					 39.001(1),
					 409.145,
					 415.501,
					 415.5016,
					 415.502
					 FS.
New 6-12-95, Amended 5-2-96, Formerly
					 10M-47.003.