Current through Reg. 50, No. 187; September 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-28.004, 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
FSFN 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 FSFN 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, removals, and placements 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, removals, and
placements, 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.
