17263107, 65C-16.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 17263107

Notice of Proposed Rule

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Family Safety and Preservation Program

Chapter:

ADOPTIONS

Overview

RULE:

65C-16.001	Definitions
65C-16.002	Adoptive Family Selection
65C-16.003	Case Reviews
65C-16.004	Recruitment, Screening and Application Process/Adoptive Applicants
65C-16.005	Evaluation of Applicants
65C-16.007	Abuse Hotline and Registry and Criminal Records Checks
65C-16.008	Dispute Resolutions and Appeals (Repealed)
65C-16.009	Adoption Placement
65C-16.010	Adoption Placement - Post-Placement Services
65C-16.011	Confidentiality - Human Immunodeficiency Virus (HIV) Infected Clients
65C-16.012	Types of Adoption Assistance
65C-16.013	Determination of Maintenance Subsidy Payments
65C-16.014	Post Adoption Services
65C-16.015	Non-Recurring Adoption Expenses
65C-16.016	Access to Closed Adoption Records
65C-16.017	Florida Adoption Reunion Registry
65C-16.019	Intervention in Dependency Cases
65C-16.020	Communication or Contact

PURPOSE:

The Department intends to amend multiple rules within Chapter 65C-16, Adoptions, to accomplish the following issues:  1) Make rule language reflective of legislative changes to Chapter 63 and Chapter 39, F. S.; 2) Simplify wording and resolve issues of ambiguity; and 3) Add clarifying language for implementation of the Adoption Review Committee process.  Additionally, the Department intends to add two new rules within Chapter 65C-16 to accomplish the following: 1) Clarify the Department’s role when an intervention motion is filed in a dependency case by an adoption entity; 2) Clarify the process for communication or contact between the child and family members pending finalization of an adoption; and 3) Clarify the process for establishing post adoption communication or contact between the child and siblings or significant adults at the time of finalization of the adoption.

SUMMARY:

A summary of the rule changes are as follows:	
•	Delete definitions that are defined in statutory language, revise language of ambiguous definitions and add new definitions for clarification. 
•	 Add language to clarify the federal law requirement of the Multi-Ethnic   Placement Act when a particular child presents specific compelling special circumstances.
•	Revise language to clarify the requirements for an assessment to determine the best interest of the child when making an adoptive family selection.
•	Add clarifying language regarding grandparent and relative priority as specified in Chapter 63.
•	Revise and clarify the processes that shall be completed when multiple families apply to adopt the same child.
•	Add additional requirements for adoption staff when completing a Child Study.
•	Revise language to clarify the requirements for quarterly case reviews.
•	Add and clarify the language regarding the adoption recruitment activities that shall be completed for children available for adoption without an identified adoptive family.
•	Revise and clarify the requirements for completion of an adoptive home study, including implementation of the statutory requirement for applicants to sign the form, Acknowledgement of Firearm Safety Requirements.
•	Revise and clarify the processes for creation and implementation of an Adoption Review Committee within each Community Based Care Agency.
•	Revise language to clarify the processes that shall be completed when a service or home study is denied.
•	Add clarifying language for adoption staff to complete assessments for services prior to adoption placements.
•	Add language to clarify when a 90 day supervision period is not required.
•	Delete and add clarifying language for adoption staff regarding the requirement to inform adoptive applicants of adoption benefits.
•	Delete the language that adoption assistance is contingent upon state funding as this is contrary to federal regulations.
•	Delete and add clarifying language for implementation by adoption staff of the processes for determining adoption subsidy payments.
•	Add clarifying language for agencies to implement post adoption services.
•	Add clarifying language for implementation by adoption staff of the processes that shall occur when a request is received for the release of closed adoption records.
•	Add a new rule for implementation by adoption staff and Children’s Legal Services of processes that shall be completed when an intervention motion is filed by an adoption entity. 
•	Add a new rule for implementation by adoption staff of the processes that shall be completed when the termination of parental rights has been granted and communication or contact between the child and family members, especially siblings, is assessed.
•	Add a new rule for implementation by adoption staff of the processes that shall be completed regarding communication or contact between the child and family members or significant adults after finalization of an adoption. 
•	Added delegation of responsibility for subsidy payments.

RULEMAKING AUTHORITY:

39.012, 39.0121, 39.0137, 63.233, 381.004, 409.166(8), 409.167(6), F.S.

LAW:

39.0137, 39.0138, 39.521, 39.812, 63.042, 63.0425, 63.085, 63.092, 63.125, 63.162, 63.165, 63.207, 381.001, 409.166, 409.167, F.S.

PRINT PUBLISH DATE:

3/9/2016 Vol. 42/47

COMMENTS:

From 3/9/2016 To 3/30/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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