15070422, 65C-29.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15070422

Notice of Proposed Rule

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Family Safety and Preservation Program

Chapter:

Protective Investigations

Overview

RULE:

65C-29.001	Definitions
65C-29.002	Reports of Child Abuse, Neglect or Abandonment
65C-29.003	Child Protective Investigations
65C-29.004	Institutional Child Protective Investigations
65C-29.005	Children Denied Shelter (Lockouts) (Repealed)
65C-29.006	Foster Care Referrals
65C-29.007	Child-on-Child Sexual Abuse
65C-29.008	Initial Health Care Assessment for Children Alleged to be Abused, Neglect or Abandoned
65C-29.009	Criminal, Juvenile and Abuse/Neglect History Checks
65C-29.010	False Reports
65C-29.011	Out-of-Town Inquiries
65C-29.012	Transfer of Child Protective Investigations Within and Between Circuits
65C-29.013	Diligent Efforts to Locate
65C-29.014	High Risk Tracking and Review (Repealed)
65C-29.015	Internal Reviews

PURPOSE:

The Department is adding, amending, and repealing several rules within Chapter 65C-29, Protective Investigations, to accomplish the following tasks: 1) Make rule language reflective of 2014 legislative changes to Chapter 39, F.S.; 2) Add clarifying language implementing safety assessments and safety planning which are essential elements of the above referenced legislative changes; and 3) Simplify wording and resolve issues of ambiguity.  Additionally, the Department is adding a rule within Chapter 65C-29 to implement an internal review, as required in 42 U.S.C. § 5106a(b)(2)(B)(xv(II)), of a verified finding based upon a written request by the individual identified as the “caregiver responsible.”

SUMMARY:

Abuse Hotline

•	Add clarifying language differentiating “Initial”, “Supplemental” and “Additional” reports. 

Child Protective Investigations

Additional language, revisions, and deletions include action necessary to implement provisions of the law as follows:

•	Add clarifying language for a child protective investigator supervisor to downgrade an immediate response to a 24 hour response when additional information indicates that the child is no longer in imminent danger of being harmed.
•	Add language to implement the process for determining if a reporter shall be contacted to obtain additional information on the child or family.
•	Add clarifying language regarding what information shall be collected when an investigator observes the child in the home.
•	Add language to implement the process for collecting information on the caregiver’s overall functioning, parenting style and behavioral management practices.
•	Add clarifying language for the process of collecting abuse history and criminal record checks on household members and adult visitors to the home.
•	Add language implementing new safety assessment and safety planning requirements.
•	Add language to implement supervisory consultations within the first five (5) days of the commencement of the investigation.
•	Add language to implement the process for conducting a “second tier consultation” review process for unsafe and at-risk children.

RULEMAKING AUTHORITY:

39.012, 39.0121, 39.202(7)(b), 39.205(7), 39.307(7), 39.407, 409.175, F.S.

LAW:

39.01(32)(l), 39.012, 39.0121(7), 39.201, 39.202, 39.205(7), 39.206, 39.301, 39.302, 39.304, 39.3068, 39.307, 39.402, 39.407, 39.503, 409.175, F.S.

PRINT PUBLISH DATE:

9/17/2014 Vol. 40/181

COMMENTS:

From 9/17/2014 To 10/8/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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