Current through Reg. 50, No. 187; September 24, 2024
(1)
Initial Consideration of Need for Residential Treatment. Residential mental
health treatment is provided to a child for the specific purpose of addressing
the child's mental health needs through observation, diagnosis and treatment in
a therapeutic setting, which includes therapeutic group homes and residential
treatment centers as defined in Section
394.67, F.S. Residential mental
health treatment shall not be used for emergency placements or to provide
secure shelter for the child. If the child is in acute psychiatric crisis, the
child shall be referred to a crisis stabilization unit for emergency screening
and stabilization in accordance with Sections
394.463 and
394.467, F.S.
(2) Suitability Assessment Process.
Definitions and timeframes are provided in Chapter 65C-27, F.A.C.
(3) Behavioral Health Needs of Children in
Out-of-Home Care. The behavioral health needs of children shall be addressed on
an ongoing basis. Behavioral health services for the child or adolescent shall
continue while determining the need for residential treatment and while seeking
placement in accordance with recommendations.
(4) Out-of-State Placements.
(a) It is the policy of the Department that
children will not be placed in a state other than Florida for residential
mental health treatment. Exceptions to this policy must meet the requirements
outlined in subparagraph (a)1. or (a)2.:
1.
The reunification plan is for the child to join family members who live in the
other state; and,
a. The home study on the
family in the other state is complete and approved; and,
b. Placement in residential treatment is for
a transitional period not to exceed three (3) months.
2. The community-based care (CBC) lead agency
has attempted to meet the placement and treatment needs of the child within the
state of Florida and in-state placements have failed. The CBC must document:
a. Efforts to locate alternate treatment
options in-state,
b. The reasons
the out-of-state residential treatment center was selected,
c. A current suitability assessment
recommending placement into residential treatment,
d. A plan for independent review to be
conducted within 60 days of initial placement,
e. A plan for ongoing monitoring of the
child's treatment progress, including 90-Day Reviews,
f. A plan for face-to-face contacts by a
child welfare professional with the child every 30 days; and,
g. An initial discharge
plan.
(b) The
CBC Chief Executive Officer or designee must obtain approval from the
Department prior to the placement of any child or adolescent in residential
mental health treatment outside of Florida. The Department will grant approval
of out-of state placement upon documentation that the requirements of paragraph
(4)(a), above, have been met.
(c)
The CBC must comply with the requirements of the Interstate Compact for the
Placement of Children (ICPC) and shall provide documentation of compliance with
this rule as part of its request to the ICPC office. The ICPC office will not
process the request without this information.
(d) The CBC will notify Children's Legal
Services (CLS) so that proper notice to all parties and approval from the court
can be obtained prior to placement.
(e) Upon placement out-of-state for
residential treatment, the child welfare professional and CBC point of contact
shall remain involved in the child's treatment and discharge planning. 90-Day
Reviews are an essential component to this monitoring and have the following
requirements:
1. 90-Day Reviews to determine
the suitability of continued placement in residential treatment must be
conducted by an independent evaluator who is a psychiatrist or psychologist
licensed in the State of Florida who has at least three (3) years of experience
in the diagnosis and treatment of serious emotional disturbances in children
and adolescents,
2. At a minimum,
these reviews must include:
a. A records
review of the treatment plan,
b. A
review of the treatment record and progress notes to determine the
child's/adolescent's progress toward achieving the goals and objectives of the
treatment plan,
c. An evaluation of
the child/adolescent via telephone, video teleconference, or face-to-face,
d. Whether the child/adolescent
has been provided with a clinically appropriate explanation of the nature and
purpose of the treatment; and,
e. A
written report of the independent evaluator's findings, including
recommendations, submitted to the CBC point of contact or designee; and,
f. An opportunity for the guardian
ad litem to provide input.
(5) Reviews and Reports of Children in
Residential Treatment Centers. The Department or each contracted service
provider shall establish systems to ensure that reports required by Section
39.407(6),
F.S., and Florida Rules of Juvenile Procedure 8.350 are prepared and
distributed timely and that all requirements for filing with the court are met.
This standard shall also apply to out-of-state residential mental health
treatment.
Rulemaking Authority
39.012,
39.0121(13),
394.4781(4) FS.
Law Implemented 39.407(6),
394.4781,
394.4785,
394.479 FS.
New 5-4-06, Amended 5-8-16, 11-7-17,
12-3-19.
