Current through Reg. 50, No. 187; September 24, 2024
(1)
When the child welfare professional determines the protective, treatment and
remedial services necessary to ensure the child's safety, well-being and need
for permanency, the following shall be the priority order of least intrusive
options considered and shall be informed by the safety analysis:
(a) Child remains in home with no judicial
actions.
(b) Child remains in home
with judicial actions.
(c) Child is
placed out of home temporarily.
(2) Prior to a child being removed from the
home, the Department or its authorized agent shall determine if, with the
provision of appropriate and available safety management services, the child
could safely remain at home. If at any time it is determined the child's safety
and well-being are in danger, the safety plan shall be modified to control for
the danger, which may include increasing the level of intrusiveness.
(3) The following outlines the tiered
protocol to services that allows the Department or its agent to diligently
support family continuity prior to placing children in out-of-home care.
(a) In-home Non-judicial Services. In this
initial tier, the child will remain at home and the Department or contracted
service provider shall manage the safety plan and work in partnership with the
family, without judicial intervention, to develop a case plan based on the
identified needs in the Family Functioning Assessment. If, during the course of
In-home Non-judicial Services, there is no progress in increasing the
diminished protective capacities or the safety plan is no longer sufficiently
controlling the danger, the case manager shall increase the level of
intrusiveness of the safety management services and pursue judicial
intervention.
(b) In-home Judicial
Services. In-home Judicial Services occur when it has been determined through
safety analysis that the child can remain in the home with safety management
services while receiving services under the supervision of the court. Judicial
oversight is needed for the family to engage in treatment services and to
achieve the case plan outcomes.
(4) Court Ordered Relative/Non-Relative
Placements. When a child is removed from his or her parents or legal guardian
due to abuse, neglect or abandonment, the Department or contracted service
provider shall request the names, relationships and addresses of both parents,
maternal and paternal relatives, and any non-relatives who are known to the
family and who may be able to provide for the health and safety of the child
and have an established relationship with the child and will make diligent
efforts to identify and locate relatives and any parents of siblings.
(a) Prior to making an emergency placement
with a relative or non-relative, an on-site check of the safety and
appropriateness of the caregiver's home and initial criminal, delinquency and
abuse/neglect history check activities shall be performed, followed by the
fingerprinting of all adult household members in the caregiver's home and
further criminal, delinquency and abuse/neglect history check activities as set
forth in Rule 65C-28.011, F.A.C.
(b) Prior to the child's placement the child
welfare professional shall complete a home study of the selected caregiver's
home, as set forth in Rule
65C-28.012, F.A.C. When more
than one (1) caregiver is being considered for placement, the rationale for the
placement decision must be documented in FSFN. When a caregiver is denied
placement, a home study will need to be completed to document the reason for
denial.
(c) The child welfare
professional shall inform the caregiver, in writing, about the:
1. Temporary Assistance for Needy Families
(TANF) funded Temporary Cash Assistance Program (TCA) grant through the Office
of Economic Self-Sufficiency (ESS) for relatives within the fifth degree of
relationship by blood, marriage or adoption to the child, which would include
Medicaid eligibility for the child. If the caregiver is a relative of the
child, he or she shall be referred to ESS to apply for a TCA grant immediately
upon the child's placement.
2.
Relative Caregiver Program payment available for relatives through ESS,
post-disposition, if the caregiver is a relative who is within the fifth degree
by blood or marriage to the parent or stepparent of the child (this is a
broader degree of relationship than for TCA), in accordance with the criteria
outlined in Section 39.5085(2)(a)1., F.S. Where there is a half-sibling of the
related child whose parent or stepparent does not meet the degree of
relationship to the caregiver required for eligibility, the half-sibling shall
also be referred in accordance with the criteria outlined in Section
39.5085(2)(a)2., F.S. See paragraph
65C-28.008(2)(c),
F.A.C., regarding the degree of relationship requirements for RCP
eligibility.
3. Non-Relative
Caregiver financial assistance available after adjudication and
disposition.
4. The option of
becoming a licensed caregiver.
Rulemaking Authority
39.012,
39.0121(1),
(13) FS. Law Implemented
39.301(9)(b),
39.401(4),
39.5085,
39.6012(1)
FS.
New 5-4-06, Amended
2-25-16.
