Current through Reg. 50, No. 187; September 24, 2024
(1) Contacts with Children.
(a) The case manager shall make face-to-face
contact with every child under supervision and living in Florida no less
frequently than every 30 days in the child's residence. If the child lives in a
county other than the county of jurisdiction, this shall be accomplished as
provided in Rule 65C-30.018, F.A.C.
(b) Initial contact shall occur within two
(2) working days of case transfer or the date of the court order for
supervision, whichever occurs first.
(c) Contacts shall include observations and
private discussion with the child as to the child's safety and
well-being.
(d) The safety plan
shall establish the frequency of visitation by the case manager, but in no case
shall the contact be less frequently than every 30 days.
(e) Face-to-face contacts with the child and
caregiver shall occur at least once every seven (7) days as long as the child
remains in shelter status. The frequency of contact, while in shelter status,
may be modified after the case management supervisor documents in FSFN that all
of the following conditions have been met:
1.
The child is in the care of a relative, non-relative, or a licensed foster
parent and is not demonstrating any behaviors that may lead to a placement
disruption.
2. The child has not
experienced any placement changes and the case has been open to case management
for more than 30 days.
3. The
child's needs have been assessed and all therapeutic services needed are being
provided.
4. The child, if
developmentally appropriate, and the out-of-home caregiver are in agreement
with the modification to the frequency of contact with the case
manager.
5. The safety plan for the
family does not require more frequent face-to-face contact between the child
and case manager.
(f) If
the frequency of face-to-face visits while in shelter status are modified
pursuant to paragraph (e), above, the case manager must document the reasons
why the child is still in shelter status in FSFN.
(g) After disposition, the frequency of
contacts may be modified, but in no case shall contacts be less frequently than
every 30 days for a child.
1. The case manager
must document all contacts in FSFN, including case plan and safety plan
monitoring, no later than 2 business days from the contact.
2. Contact with a child outside the child's
current place of residence shall occur in an environment in which the child is
comfortable, such as an early education or child care program, school setting,
or child's therapeutic setting.
(h) At least every 90 days, or more
frequently if warranted based on the safety plan, the case manager shall make
an unannounced visit to the child's current place of residence. When a child is
with a parent in a certified domestic violence shelter or a residential
treatment program, visitation arrangements shall be coordinated with program
staff and may occur outside of the facility.
(2) Contacts with Parent or Legal Guardian,
and Caregiver Living in Florida.
(a) The case
manager shall establish and maintain regular face-to-face contact a minimum of
every 30 days with the parents or legal guardians and caregiver of any child
unless parental rights have been terminated or the court rules otherwise. If
the parent, legal guardian, or caregiver lives in a county other than the
county of jurisdiction, this shall be accomplished as provided by Rule
65C-30.018, F.A.C.
(b) During these contacts case manager shall
discuss with parents, legal guardians or caregiver the safety plan, the case
plan progress and the child's progress in terms of health, and
well-being.
(c) If the case manager
learns that a new household member has moved into the child's home, the
following background checks must be completed and documented as part of the
ongoing family functioning assessment or progress update, and the judicial
review and the Unified Home Study must be updated within 30 days:
1. Local criminal records check, including
911 calls, for new household members aged 12 and older;
2. Florida Crime Information Center (FCIC)
check for new household members aged 12 and older;
3. Juvenile delinquency check for new
household members aged 12 to 26;
4.
Department of Corrections Offenders Search for new household members aged 18
and older;
5. Florida Department of
Law Enforcement (FDLE) Florida Sexual Offenders and Predators Search &
National registry check for new household members aged 18 and older;
6. Florida abuse/neglect history check on all
new household members;
7.
Out-of-state abuse/neglect records for new household members aged 18 and older
who have resided in any other state during the past five years; and
8. A records check conducted by a Florida
Clerk of Court or the Comprehensive Case Information System (CCIS), at a
minimum in the location where the local criminal records check is conducted,
for all new household members aged 12 and older.
(3) Child and parent or caregiver living out
of Florida. The office of the Florida Interstate Compact on the Placement of
Children shall ensure that the child welfare staff in the receiving state is
notified of the Florida requirement for face-to-face contact a minimum of every
30 days with the child and the parent or legal guardian.
(a) The case manager shall maintain contact a
minimum of every 30 days with the supervising worker in the other state to
obtain updates regarding the child and family's progress.
(b) Documentation of the contact and progress
by the child and family shall be entered in FSFN.
(4) If a face-to-face visit with a child or
parent or legal guardian is not completed, the case manager shall document in
FSFN alternate contacts completed or attempted. The case manager's immediate
supervisor shall review the circumstances surrounding the attempted visit and
expectations as to further efforts to complete the visit.
(5) If a child is on runaway status or his or
her whereabouts are unknown, the case manager shall meet the requirements of
Rule 65C-30.019, F.A.C. Documentation
of the efforts to locate the child shall be documented in FSFN.
(6) All contacts and attempted contacts shall
be documented in the case file within two (2) business days of the contact or
attempted contact. The documentation shall provide evidence of the following:
(a) Sufficiency of current safety plan and
whether it is the least intrusive;
(b) Progress towards completion of case plan
outcomes;
(c) Effectiveness of
current services and identification of additional services needed;
(d) Observations of the child's development,
physical condition and interaction with the parent or caregiver and household
members;
(e) Assessment of progress
in tasks and services aimed at ensuring the child's health, safety and
well-being needs; and,
(f) For
children in an out-of-home placement:
1. Age
13 and older, documentation shall include comments from the child and caregiver
concerning progress in learning identified life skills,
2. Frequency of visitation between the child,
siblings and parents, any reason visitation is not occurring, and efforts to
facilitate visits.
(7) In addition to the contacts required
every 30 days, the case manager shall maintain ongoing communication with all
service providers involved with the child and family to determine the
sufficiency as well as the effectiveness of any safety management or treatment
services. Both progress in and problems with service delivery shall be
documented and steps shall be taken to resolve any delays or problems in
service delivery or client participation.
(8) While service intervention is in
progress, the case manager shall gather information from the parent(s),
children and other family members, providers, and other relevant persons to:
(a) Determine whether or not the service is
addressing the identified diminished caregiver protective capacities;
(b) Monitor and document whether the safety
management services are still sufficiently managing the danger;
(c) Share information with the provider, such
as changes in the family situation, changes with the child, any feedback from
the family regarding the service and its effectiveness for them;
(d) Request progress reports and updates on
problems and successes regarding the treatment; and,
(e) Take actions to modify the case plan when
activities are no longer sufficient to support the achievement of case plan
outcomes.
(f) Document all contacts
with service providers.
(9) A safety plan must be modified to provide
the least intrusive safety actions when any of the following changes occur:
(a) Conditions for return of the child have
been met.
(b) A new danger threat
has been identified.
(c) Danger
threats have been eliminated.
(d)
There is any change in the required criteria for an in-home safety plan:
1. The parent's willingness to cooperate with
safety service providers.
2. The
family conditions or behaviors associated with a calm and consistent home
environment.
3. The availability of
safety service provider(s).
4.
Results of a professional evaluation are necessary or have been received, which
inform changes to the current safety plan.
5. The parents have a home location which is
adequate for implementation of an in-home safety
plan.
(10) If
the case manager becomes aware of conditions or activities in the child's home,
current living arrangement or another location that threaten the safety of the
child, the case manager shall take such steps as are necessary to protect the
child. All concerns shall be relayed to the caregiver and to licensing staff,
as appropriate. The case manager shall notify Children's Legal Services (CLS)
of the new placement and CLS shall notify the court.
(11) The case manager is responsible for
knowing if a child is at risk of disruption and working with the caregiver to
avoid such disruption. Should a placement change be necessary, the child will
continue to be placed in the least restrictive setting. The case manager shall
notify CLS of the new placement and CLS shall notify the court.
(12) Determination of Citizenship and
Required Actions for Children Who Are Not U.S. Citizens.
(a) For each child adjudicated dependent due
to abuse, neglect or abandonment, the case manager shall determine whether the
child is a U.S. citizen.
1. If the child is
not a U.S. citizen, the case manager shall determine whether the permanency
plan for the child will include remaining in the United States or whether there
is an option for a safe reunification with the parent or legal guardian located
in another country. This includes a consideration of whether the parents or
legal guardian can successfully complete a case plan.
2. If the permanency plan will include the
child remaining in the United States, and the child is in need of documentation
to effectuate this plan, the case manager shall refer the case to an authorized
legal services immigration provider for a determination as to whether the child
"may be eligible" for special immigrant juvenile (SIJ) status [see 8 C.F.R. §
204.11(a)] or other immigration relief.
3. Within 60 days of an order finding that
the child is eligible for SIJ status, the case manager shall assure that
contracted or pro bono legal services have sufficient documentation to file a
petition for SIJ status and the application for adjustment of status to the
appropriate federal authorities on behalf of the child.
a. The case manager shall give the legal
services provider proof of the child's age. This proof may include a passport
or some other official foreign identity document issued by a foreign
government. Any foreign document must be translated into English. If such a
document is not available, the case manager must discuss with either the legal
services provider or CLS the possibility of obtaining a court Order with
specific findings regarding the child's age.
b. If a child has also been adjudicated
delinquent, the case manager shall obtain all DJJ records and give them to the
legal service provider to submit with the federal application for SIJ status.
These records must be certified copies of the records of
disposition.
(b) Requirement to Inform the Court.
1. During the first judicial review regarding
the case, the Department, CBC or contracted service provider shall report to
the court whether the child is a U.S. citizen.
2. If the child is not a U.S. citizen, the
Department, CBC or contracted service provider shall inform the court of the
steps that have been taken to address the child's citizenship or residency
status.
3. The information shall be
provided to the court through a Judicial Review Social Study Report or
testimony of the case manager, or it may be provided through both
means.
4. The child shall be
referred to an authorized immigration legal service provider as soon as it is
clear that there may be an issue regarding the child's immigration
status.
(c) Provision of
Needed Services. Regardless of the citizenship or immigration status of the
child, he or she must be provided any needed services. If federally funded
programs, such as Medicaid, are dependent on citizenship or a qualified alien
status, the benefits and services must be provided with state general revenue
funds or with the funding provided to the supervising CBC
provider.
Rulemaking Authority
39.012,
39.0121(13),
39.5075(8) FS.
Law Implemented 39.0138,
39.5075,
39.6011,
39.6012 FS.
New 5-4-06, Amended 2-25-16, 4-17-16, 8-22-16,
9-21-20.
