Current through Reg. 50, No. 249, December 24, 2024
(1) Prior to
case transfer, the child protection investigator (CPI) is responsible for
development, management and modification of safety plans; after case transfer
the case manager is responsible for ongoing safety plan development, for safety
management, including safety plan modifications. The child welfare professional
will have access to an array of formal safety management services available
through the lead agency.
(2) All
safety plans shall be developed with the involvement of the child's parents or
legal guardians and in-home plans shall contain the safety management services
required to prevent removal or reentry of the child.
(a) Present danger threats shall be addressed
prior to the child welfare professional leaving the home, unless their personal
safety is threatened by their presence within the home. If the child welfare
professional has to leave the home to ensure their own safety, law enforcement
shall be contacted, and the plan implemented as soon as it's safe to return to
the location;
(b) The child welfare
professional responsible for the case shall develop a safety plan in response
to impending danger threats.
(3) An in-home safety plan will be developed
in response to impending danger when all of the following conditions are met:
(a) The parents/legal guardians are willing
for an in-home safety plan to be developed and implemented and have agreed to
cooperate with all identified safety service providers;
(b) The home environment is calm and
consistent enough for an in-home safety plan to be implemented and for safety
service providers to be in the home safely;
(c) Safety services are available in order to
manage the impending danger that is manifested in the home;
(d) The results of scheduled professional
evaluations are not necessary for purposes of safety planning; and,
(e) The parents/legal guardians have a
physical location in which to implement an in-home safety plan.
(4) The child welfare professional
responsible for the safety plan must determine that any informal provider,
including relatives or a parent not in the home, is capable of, and has
committed to, implementing his or her role in the safety plan.
(a) The child welfare professional
responsible shall ensure that child abuse and criminal history checks are
completed on all informal providers.
(b) When an out-of-home plan is initiated,
the child welfare professional must complete face-to-face contacts with the
child and caregiver at least once every seven (7) calendar days.
(c) In all cases involving an American Indian
or Alaskan Native child in which either an out-of-home plan is initiated, or
the potential outcome is a dependency action, the Indian Custodian and the
child's tribe shall be notified immediately of the pending placement with
notification of all subsequent staffing or case transfer activities as required
by the Indian Child Welfare Act. The child welfare professional shall also
check to see if there is an Agency Memorandum of Agreement in place with the
respective Indian tribe and follow all outlined requirements.
(5) When an out-of-home safety
plan for impending danger is initiated, the conditions for return and
visitation with the parent will be established.
(a) The child welfare professional
responsible for the case shall determine the child's supervision and care needs
pursuant to Rule 65C-30.023, F.A.C., to ensure that the child is placed with a
responsible adult who can meet the child's needs.
(b) The child welfare professional
responsible for the case shall complete:
1. An
Other Parent Home Assessment if releasing or placing the child with a parent,
or
2. The Unified Home Study
functionality in the child welfare information system if placing the child with
a relative or non-relative caregiver.
(6) Once the investigation and family
functioning assessment have been completed, the CPI shall schedule a case
transfer conference at which time a case manager will assume responsibility for
ongoing safety and case management.
(a) The
CPI or child protective investigator supervisor shall present the case to the
lead agency or its designee at the case transfer conference.
(b) The case transfer conference shall:
1. Address the identification of danger
threats, caregiver protective capacities and child vulnerability, including
assessment information provided by the Child Protection Team;
2. Share all critical information on the
family, including the parent's or legal guardian's level of cooperation in
complying with safety actions as part of a lead agency managed safety
plan;
3. If a child has been
voluntarily moved outside the family home by a parent as a part of a family
made arrangement, discuss:
a. The reasons for
short term separation;
b. Parents
retention of full legal responsibility including decision-making authority and
access to the child;
c. Impacts to
the child's safety given the parents retention of rights;
d. The safety manager's ability to care for
and protect the child; and
e. How
long the short-term arrangement will last.
4. If a child has been removed from the home
by the Department, discuss the conditions for return related to the reasons for
removal; and
5. Ensure a smooth
transition from one component of the child protection/child welfare system to
another.
(c) At case
transfer, the CPI shall ensure that the child's case file provides:
1. Up-to-date investigative
activities;
2. A completed family
functioning assessment containing sufficient, reconciled and corroborated
assessment information. Sufficient means enough information has been gathered
to support the identification of danger threats, caregiver protective
capacities, and child vulnerability;
3. The name and location of child's school
and/or child care provider, if available;
4. The name and location of child's medical
provider(s) and any health or medical information, if available;
5. Any documented diligent efforts to
identify and locate all relatives of the child, to include parents of
siblings;
6. The child's date and
location of birth if the child is under court ordered supervision, if
available;
7. A photograph of the
child who was removed or will be placed under court ordered supervision, if
available;
8. Fingerprints of the
child placed in out-of-home care, if available;
9. The status of the inquiry into whether the
child may have Native American heritage;
10. The results of criminal, delinquency and
abuse/neglect history checks performed on a relative or non-relative
caregiver;
11. Any court or other
documents related to shelter; and,
12. Any other documentation or actions agreed
upon between the Department staff or sheriff's office performing the
investigation and the contracted service provider.
(d) Once the case transfer conference has
been completed, full responsibility for the case by the case management
provider will begin, including monitoring or modifying the safety
plan.
(e) In non-judicial cases,
the case manager shall seek court supervision of a case if the parent(s) are
not demonstrating efforts to achieve case plan outcomes that address the
child's need for safety or if a higher level of intrusiveness is required to
manage child safety.
(f) There
shall be no discrimination against a child based on the child's immigration
status.
(7) Child welfare
professionals shall work collaboratively to determine all additional actions
related to safety plan modifications, pursuant to Rule 65C-30.015, F.A.C., to
ensure the child's needs for safety, permanency, and wellbeing are met. If
consensus cannot be reached between the CPI, case manager, service provider(s),
and Children's Legal Services related to safety plan modifications, a
multidisciplinary staffing shall be conducted within 14 business days to
address ongoing concerns;
(a) The child
welfare professional responsible for the case shall schedule the
multidisciplinary staffing;
(b)
Additional stakeholders to attend the staffing may include, but are not limited
to, the child protective investigator's supervisor, case management agencies
supervisor, program directors, and guardian ad litem.
Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law
Implemented 39.301(7), (9), 39.402(7), (15), 39.522(1)
FS.
New 5-4-06, Amended 2-25-16,
9-9-19.
