Current through Reg. 50, No. 187; September 24, 2024
(1) When a new report of abuse, neglect, or
abandonment is received on an active case, the child protective investigator
(CPI) shall:
(a) Notify the case manager and
Children's Legal Services within one (1) business day; and
(b) Conduct a multidisciplinary staffing
based upon the criteria as outlined in subsection (6) of this rule as soon as
possible, but no later than 14 business days, to assess the need for
modifications to the safety plan. If the decision is made to leave the child in
the home even though other children are currently placed in out-of-home care,
the approval of a case management organization or community-based care
administrator shall be obtained and documented in the Florida Safe Families
Network (FSFN) by the case manager.
(2) Children's Legal Services shall notify
the court within two (2) business days of receipt of the new intake report if
there is an open judicial case.
(3)
If, during contact with the child or family, the case manager has cause to
immediately remove the child due to a dangerous situation, the case manager
shall call 911 immediately.
(a) The case
manager shall remain with the child until the child can be removed by a law
enforcement officer or a CPI; however, the case manager is not required to
remain with the child if the situation threatens the personal safety of the
case manager.
(b) In situations
involving immediate or life-threatening danger to the child, the case manager
is authorized to physically remove the child from the situation until physical
custody of the child can be given to a CPI or a law enforcement
officer.
(4) In all
cases, the new child information shall be added to the family functioning
assessment in FSFN.
(5) The CPI and
case manager shall maintain ongoing communication via telephone until the
investigation is closed. When the CPI or case manager is unavailable, an email
shall be sent to the child welfare professional and supervisor to schedule a
follow up time. These ongoing discussions shall address:
(a) Whether the existing safety management
services are sufficient to control newly identified or ongoing danger threats
within the home.
(b) Whether to
require additional accountability of the parents through dependency proceedings
and whether an out-of-home safety plan should replace an in-home safety
plan.
(c) Whether to modify the
permanency goal and whether additional assessments are needed to inform new
service provisions.
(d) Any other
case updates.
(6) A
multidisciplinary staffing shall be conducted with 14 business days of
receiving the new intake between the family, CPI, case manager, services
provider(s), guardian ad litem, Children's Legal Services, and anyone else who
may have relevant information to re-assess child safety, permanency and
well-being for families who have two or more of the following risk factors:
(a) The parent/ legal custodian is 25 years
of age or younger;
(b) The parent/
legal custodian or an adult currently living in or frequently visiting the home
has a history of substance abuse, mental illness, or domestic
violence;
(c) The parent/ legal
custodian or an adult currently living in or frequently visiting the home has
been previously found to have physically or sexually abused a child;
(d) The parent/ legal custodian or an adult
currently living in or frequently visiting the home has been the subject of
multiple allegations of abuse or neglect;
(e) The child is physically or
developmentally disabled;
(f) The
child is three (3) years of age or younger;
(g) The family is under post placement
supervision; or
(h) Post-adoption
families.
(7) The safety
determination within the investigation for any child under protective
supervision shall remain unsafe until:
(a) An
assessment has been conducted and a determination made that the caregiver
protective capacities are adequate, and all danger threats have been eliminated
or are being managed by a parent(s) or legal guardian(s); and
(b) A progress update regarding the
assessment and results has been entered in FSFN.
(8) When a minor child in foster care is
pregnant or becomes a parent, the case manager shall assist him or her in
arriving at a plan for their future.
(a) The
case manager shall staff any decision not to remove the infant from the minor
parent (foster child) with his or her supervisor and document the staffing
decision in FSFN.
(b) If the minor
parent chooses to keep the child or is uncertain, placement of the parent and
child shall be, unless contrary to the best interests of the infant, in the
same foster home or group home in order to strengthen attachment and provide
the minor parent with the opportunity to learn child-caring skills from the
foster parent or residential program staff.
(c) If the minor parent decides to place the
infant for adoption, the case manager shall refer the parent to a licensed
child-placing agency.
(d) In cases
where the minor foster child's emotional or mental capacity to parent are in
question or the minor foster child has a juvenile delinquency history involving
acts of violence, the case manager shall obtain a psychological or psychiatric
evaluation of the parent prior to the birth of the child to assess coping
skills, mental health issues, and the ability to provide adequate care,
supervision, and protection for the child. The findings and recommendations set
forth in the evaluation shall be considered in determining if the parent can
provide a safe environment for the child.
Rulemaking Authority
39.012,
39.0121(2) FS.
Law Implemented 39.301(4),
(9)(a),
39.401
FS.
New 5-4-06, Amended 2-25-16,
6-17-19.
