Current through Reg. 50, No. 187; September 24, 2024
(1)
Voluntary Non-Medical Licensed Out-of-Home Care.
(a) Before accepting a voluntary non-medical
licensed placement, the community-based care lead agency shall ensure a
thorough review is done on the circumstances of the child and family including:
1. An evaluation of whether the family's
current situation is temporary and the basis upon which a mutual decision
regarding the child's short-term placement out of the home can be
made.
2. A history of the family
shall be reviewed, including prior abuse reports and prior out-of-home
episodes.
3. A child shall not be
accepted for voluntary placement unless current circumstances clearly indicate
an out-of-home care placement of 90 days or less is anticipated and no
dependency issue exists.
(b) The child welfare professional shall
begin to identify available social, physical health, mental health,
educational, and other support services within the community that would enable
the parent, guardian or relative to adequately provide for the child's
care.
(c) The child welfare
professional shall, prior to considering placement in out-of-home care, assist
the family in using and coordinating available services, including the
identification of relatives and non-relatives able to care for the
child.
(d) The child welfare
professional shall provide for the child's educational stability by determining
if the child should remain in his or her current school during the time of the
placement.
(2) Voluntary
Medical Licensed Out-of-Home Care. If a child's medical complexity is such that
the parent is unable to provide or arrange for necessary care for the child and
the Department or contracted service provider has determined the child would
benefit from out-of-home care, the parent may apply for voluntary placement in
licensed medical out-of-home care. Voluntary medical placement is contingent
upon:
(a) The child having medical needs
identified and eligible for medical foster care as determined by the Children's
Multidisciplinary Assessment Team (CMAT); and,
(b) It appears that the conditions
necessitating the voluntary placement can be resolved and reunification with
the parent or legal guardian can occur within 180 days.
(3) Once a child has been determined eligible
for medical out-of-home care, the child welfare professional shall coordinate
with the Medical Foster Care program in the local area regarding arrangements
necessary to meet the child's needs.
(4) Voluntary Placement Agreement. When the
child is placed into licensed out-of-home care voluntarily, the parent or,
legal guardian or relative requesting the placement and the Department or
contracted service provider shall enter into a written "Voluntary Placement
Agreement, " CF-FSP 5004, March 2016, incorporated by reference and available
at http://www.flrules.org/Gateway/reference.asp?No=Ref-06691.
(5) Return of Child. When a parent or legal
guardian requests in writing the return of a child in voluntary licensed
placement, the child shall be immediately released once it has been verified
the person requesting custody of the child:
(a) Is the same person who placed the child
into voluntary placement;
(b) Has
resolved the conditions that led to the voluntary placement; and,
(c) Appears to present no risk of harm to the
child. If there appears to be a threat, the child shall not be released and the
Department or contracted service provider shall seek a judicial determination
at a shelter hearing. The child welfare professional shall immediately report
allegations to the Florida Abuse Hotline.
(6) Timeframes for voluntary licensed
out-of-home length of stay.
(a) A child
voluntarily placed in non-medical licensed out-of-home care may not remain in
out-of-home care on a voluntary basis beyond 90 days unless the Regional
Managing Director, community-based care lead agency Executive Director, or a
designee has determined the specific circumstances of a child or family
necessitates continued placement beyond 90 days and has given written
authorization for continuance. However, a child may not remain voluntarily
placed beyond 180 days.
(b) If a
child placed voluntarily in non-medical licensed out-of-home care remains in
care beyond 90 days, a judicial hearing shall take place within the first 180
days and the resulting court order shall include a judicial determination that
the continued placement is in the child's best interest and that reasonable
efforts have been made to reunify the family. This judicial determination shall
occur within 180 days of the voluntary service
agreement.
Rulemaking Authority
39.012,
39.0121(12),
(13) FS. Law Implemented
39.402(15)
FS.
New 5-4-06, Amended
5-8-16.
