15563958, 65C-28.001 - Florida Administrative Rules, Law, Code, Register

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Notice: 15563958

Notice of Development of Rulemaking

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Family Safety and Preservation Program

Chapter:

Out-of-Home Care

Overview

RULE:

65C-28.001	Definitions
65C-28.002	Family Time
65C-28.003	Medical Treatment
65C-28.004	Comprehensive Placement Assessment (Repealed)
65C-28.005	Changing Placements (Repealed)
65C-28.006	Permanency Staffings
65C-28.007	Voluntary Licensed Out-of-Home Care
65C-28.009	Transition to Adulthood
65C-28.010	Minor Parents in the Custody of the Department
65C-28.011	Criminal, Delinquency and Abuse/Neglect History Checks for Release to a Parent, Placement with a Relative and Non-Relative and Approval of Informal Safety Management Providers
65C-28.012	Other Parent Home Assessment and Home Studies for Relative and Non-Relative Placements
65C-28.013	Indian Child Welfare Act
65C-28.014	Behavioral Health Services
65C-28.015	Residential Mental Health Treatment
65C-28.017	Exit Interviews
65C-28.018	Meeting the Child's Educational Needs
65C-28.019	Normalcy

PURPOSE:

The Department of Children and Families intends to amend several rules within Chapter 65C-28, Out-of-Home Care, to implement legislative changes; implement the federal Fostering Connections to Success and Increasing Adoptions Act of 2008; implement the care of children; quality parenting; “reasonable and prudent parent” standards established in Florida Statute 409.125; clarify the Department’s role and responsibility with regard to the Indian Child Welfare Act;  clarify the Department’s role and responsibility in documenting information in the State Automated Child Welfare Information System (SACWIS); add language to ensure children’s educational needs are met; and align language to adhere to the Florida Safety Decision-Making Methodology business model.  A summary of the rule changes are as follows:

Compliance with the federal Fostering Connections to Success and Increasing Adoptions Act of 2008:
•	Requires States to ensure coordination of health care services, including mental health and dental services, for children in foster care.
•	Requires that each child receiving title IV-E foster care payments be a full-time student unless he/she is incapable of attending a school due to a documented medical condition.
•	Requires the caseworker to develop a personalized transition plan for youth at least 90 days prior to the youth exiting foster care.
•	Requires that each case plan include a plan for ensuring the educational stability of children in foster care.

Compliance with the Indian Child Welfare Act:
•	Requires compliance with placement preferences for American Indian children as mandated by the Act.
•	Removes Alaskan Native wording.
•	Clarifies language regarding termination of parental rights to comply with provisions of the Act.

Compliance with federal requirements of the State Automated Child Welfare Information System (SACWIS):
•	Ensures data regarding the status, demographic characteristics, location, and goals for placement of children in out-of home care is entered into SACWIS.

Education 
•	Adds language to ensure educational issues, such as a school placement, are addressed prior to placing a child in an out-of-home care setting.
•	Adds language to ensure that children with learning disabilities have an educational decision-maker identified prior to making a placement in an out-of-home care setting.
•	Adds language to address school enrollment and records of children in out-of-home care.
•	Adds language to ensure that the educational needs of children in out-of-home care are met.  These needs include school placement, transportation, and special education.

Medical Treatment:
•	Modifies language to specify that ongoing health care and treatment provisions include those services authorized in law instead of those required by Florida Administrative Code.
•	Adds language ensuring that parents will remain financially responsible for the medical care and treatment needs of their children.  
•	Removes language requiring parental consent to medical treatment for children in the custody of relatives or non-relatives when parental rights have been terminated.

Placement Matching Requirements:
•	Adds language to specify that certain actions are required, such as developmental screening and medical screening, before placement of children with special needs.
•	Removes language regarding services provided through an interagency agreement between the Department, Department of Health, and the Agency for Health Care Administration for children with special medical needs. Language will be added to address services provided in accordance with the Medical Foster Care Statewide Operational Plan.
•	Modifies language for children requiring therapeutic placement. 

Care of children; quality parenting; “reasonable and prudent parent:”
•	Provide language to assist the caregiver in determining whether he or she is able to appropriately care for a particular child.
•	Include new roles and responsibilities of the department, the community-based care lead agency, and other agency staff.
•	Add language that outlines the “reasonable and prudent parent” standard.

SUBJECT:

Children in Out-of-Home Care

RULEMAKING AUTHORITY:

39.012, 39.0121, 39.0138, 39.307, 39.407, 39.4091, 39.5075, 394.4781, 409.145, 409.1451, 409.165, 409.175, 743.0645 F.S.

LAW:

39.0137, 39.0138, 39.0139, 39.307, 39.401, 39.402, 39.407, 39.4085, 39.504, 39.506, 39.5075, 39.5085, 39.501, 39.521, 39.522, 39.4091, 39.6012, 39.6035, 39.621, 39.624, 39.701, 39.811, 394.4781, 394.4785, 394.479, 394.495, 409.145, 409.165, 409.996, 743.0645, F.S.

PRINT PUBLISH DATE:

1/21/2015 Vol. 41/13

RELATED STATUTES
AND LAWS:

39.012, 39.0121, 39.0138, 39.307, 39.407, 39.4091, 39.5075, 394.4781, 409.145, 409.1451, 409.165, 409.175, 743.0645 F.S., 39.0137, 39.0138, 39.0139, 39.307, 39.401, 39.402, 39.407, 39.4085, 39.504, 39.506, 39.5075, 39.5085, 39.501, 39.521, 39.522, 39.4091, 39.6012, 39.6035, 39.621, 39.624, 39.701, 39.811, 394.4781, 394.4785, 394.479, 394.495, 409.145, 409.165, 409.996, 743.0645, F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=65C-28.001&PDate=1/21/2015&Section=1

REFERENCE MATERIALS:

No reference(s).

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