Current through Reg. 50, No. 187; September 24, 2024
(1) If the institutional report involves a
Department of Juvenile Justice (DJJ) facility or institution, the child
protective investigator shall comply with the investigations of abuse or
neglect in DJJ program requirements pursuant to the Interagency Agreement
between the Agency for Health Care Administration, Agency for Persons with
Disabilities, Department of Children and Families, Department of Juvenile
Justice, Department of Education, Department of Health, Guardian ad Litem
Program, and Florida's Office of Early Learning To Coordinate Services for
Children Served by More than One Agency (Interagency Agreement), signed October
31, 2012, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-04812.
The Department and sheriff's offices shall develop local protocols for the
implementation of the Interagency Agreement.
(2) If the report has been assigned an
immediate initial response by the Florida Abuse Hotline, it may be downgraded
to a 24-hour response, if approved by the immediate supervisor. Approval shall
be based on a determination that the child is not currently being harmed or at
risk of harm. The rationale for the change shall be approved by the supervisor
and documented in FSFN.
(3) Upon
receipt of such report, the child protective investigator shall provide the
following notifications:
(a) If the
institution is exempt from licensing under Section
409.176, F.S., the Florida
statewide child care organization responsible for registering non-licensed
residential child caring agencies or family foster homes shall be
notified;
(b) If the institution is
a Department of Juvenile Justice contracted facility or a Department of
Juvenile Justice operated facility, immediate notification to the Department of
Juvenile Justice State Program Office shall be made;
(c) If the institution is a residential child
caring facility, as defined in Sections
409.175 and
409.176, F.S., the facility's
superintendent or designee shall be notified upon initial contact at the
institution;
(d) If the institution
is a child caring facility, as defined in Section
402.302, F.S., notify the agency
responsible for licensing and/or regulatory oversight. Upon initial contact at
the facility, the child protective investigator shall verify the name of the
licensing or regulatory agency and obtain a contact number for such
agency;
(e) If the facility is
exempt from licensing, as specified under Sections 409.176 and 402. 316, F.S.,
notify the owner or operator of the facility;
(f) Notify the child's attorney, if one has
been appointed;
(g) Notify the
child's guardian ad litem of the receipt of the report and ongoing
investigation.
(4) For
each institutional report he or she receives, the child protective investigator
shall:
(a) Review the agency, facility, or
program's prior history of reports and determine which investigations occurred
under the current management structure or owner to be able to associate a
pattern of reports and responsibility for corrective actions to the appropriate
individual or program manager, administrator, or owner.
(b) Conduct a face-to-face contact with the
alleged victim. If the child is no longer located at the institution or
facility, the on-site visit will occur where the child is located at the time
the report is received.
1. For institutional
reports where the alleged child victim is no longer located at the institution
or facility, the child protective investigation shall be transferred to the
county where the institution or facility is located immediately upon completion
of the face-to-face contact with the alleged victim and assessment and
documentation of the child safety factors.
2. For institutional reports involving
multiple alleged victims, only the names and related demographic information of
those child victims for whom there has been a determination of not
substantiated or verified findings shall be part of the final report.
3. The child protective investigator shall
inform the parent or legal custodian of any danger threat(s) to the child and
discuss what actions are required on the caregiver's part to ensure the child's
safety.
4. If the child's school,
daycare, or institution denies the child protective investigator access to the
alleged victim, the investigator shall immediately contact a Children's Legal
Services attorney in order to seek court authorization to gain access to the
alleged victim.
(c)
Determine the nature and extent of the maltreatment. If the child has been
examined by either the institution's medical staff or any other medical
professional, the investigator shall consult with such medical staff and obtain
a copy of the medical records generated as a result of such
examination.
(d) Determine the
identity of the person responsible for the maltreatment, including the name,
address, gender, and race. In instances which the employee is found to be
responsible for abuse, neglect or abandonment in an institutional setting, the
child protective investigator (CPI) shall determine whether there is reasonable
cause to suspect the employee's children were abused, abandoned, or neglected
by the employee, in which case the CPI must contact the Florida Abuse
Hotline.
(e) Determine if immediate
safety actions are necessary to protect the child from further abuse, neglect
or abandonment. If the program or facility's owners or administrators have not
taken actions to address a situation of harm or threatened harm to a child in
their care, the child protective investigator may restrict the alleged
perpetrator's access to the child if:
1. The
caregiver has harmed a child or made credible threats to harm a child and
continues to have access to the child, or
2. The investigator determines that the
safety measures of the facility are insufficient to ensure that a child is not
further harmed.
(f)
Determine the child's need for services, if any, and advise the child's parent
or legal custodian of the community resources available to help the child and
family cope with the maltreatment.
(g) Discuss the report findings and the
child's need for services or treatment with the child's parents or legal
guardians, case manager and/or DJJ counselor, if assigned and guardian ad
litem, if appointed.
Rulemaking Authority
39.012,
39.0121 FS. Law Implemented
39.302
FS.
New 5-4-06, Amended
12-31-14.
