Current through Reg. 50, No. 187; September 24, 2024
(1) Admission procedures subsections (3)
through (6) do not apply to children placed in accordance with Section
985.19, F.S.
(2) The provider shall have and utilize
written admission procedures that address:
(a) Admission criteria;
(b) List of materials and forms required from
the parent, guardian or referring organization;
(c) Outline of the pre-placement procedures
for the child, parent or guardian, the referring organization and the
department; and
(d) Orientation for
the child and parent or guardian, and guardian ad litem.
(3) Acceptance of a child for residential
treatment in a residential treatment center, including therapeutic group home,
shall be based on the assessed needs of the child, family, or guardian
recommendations, and the determination that the child requires treatment of a
comprehensive and intensive nature and the provider's ability to meet those
needs.
(4) Children placed by the
department and funded in full or in part by state, Medicaid, or local matching
funds shall be admitted only after they have on recommendation of the
appropriate multidisciplinary team, been personally examined and assessed for
suitability for residential treatment. For children in departmental custody,
the assessment must be by a qualified evaluator as defined in Section
39.407(6)(b),
F.S., Children in parental custody must be assessed by a clinical psychologist
or by a psychiatrist licensed to practice in the State of Florida, with
experience or training in children's disorders. For children currently in
residential placement, recommendations of the facility treatment team may serve
as authorization for placement in therapeutic group homes. The assessment must
result in a report whose written findings are that:
(a) The child has an emotional disturbance as
defined in Section 394.492(5),
F.S., or a serious emotional disturbance as defined in Section
394.492(6),
F.S.;
(b) The emotional disturbance
or serious emotional disturbance requires treatment in a residential treatment
center;
(c) All available treatment
that is less restrictive than residential treatment has been considered or is
unavailable;
(d) The treatment
provided in the residential treatment center is reasonably likely to resolve
the child's presenting problems as identified by the qualified
evaluator;
(e) The provider is
qualified by staff, program and equipment to give the care and treatment
required by the child's condition, age and cognitive ability;
(f) The child is under the age of 18;
and
(g) The nature, purpose and
expected length of the treatment have been explained to the child and the
child's parent or guardian and guardian ad litem.
(5) Children in the legal custody of the
department shall be placed in accordance with Section
39.407, F.S., and the Amendment
to the Rules of Juvenile Procedure, FLA. R. JUV. P. 8.350.
(6) The provider may establish additional
admission criteria to ensure that the program admits only children the program
is capable of serving.
(7)
Admission packet. The provider shall require documentation in the child's
admission packet, including:
(a) The child's
parent or guardian has given expressed and informed consent to
treatment;
(b) A funding source has
been secured for the expected duration of the treatment. If the department is
the funding source, there shall be written authorization from the department's
mental health program office that approved the funding;
(c) The admission packet shall request the
identification of a discharge placement for the child upon their completion of
treatment and the identification of a contact person who will participate in
treatment and discharge planning;
(d) The location of the parent or legal
guardian or court ordered custodian with responsibility for medical and dental
care, including consent for medical and surgical care and treatment and a
statement signed by the parent or legal guardian, and a copy given to the
parent or legal guardian, requiring the parent or legal guardian to notify the
provider of any change in the parent's or legal guardian's address or telephone
number;
(e) Order of court
commitment or a voluntary placement agreement with parents, guardian, or legal
custodian;
(f) Arrangements for
family participation in the program, including phone calls and visits with the
child;
(g) Arrangements for
clothing and allowances;
(h)
Arrangements regarding the child leaving the facility with or without the
clinical director's consent;
(i)
Written policies specifying the child's rights as defined in Rule
65E-9.012, F.A.C.;
(j) Written acknowledgment of receipt and
understanding by the parent or legal guardian and guardian ad litem of the
provider's policy regarding the use of restraint or seclusion during an
emergency safety situation;
(k)
Psychiatric and psychological evaluations with diagnosis and prior treatment
history and psychosocial evaluations, including family relationships, legal
status and prior placement history;
(l) Educational evaluation, including current
individual education plan and school placement; and
(m) Medical information, including a listing
of current medications:
1. If a physical
examination was not performed within the 90 days prior to admission and
documentation of such examination was not provided, a physical examination
shall be initiated within 24 hours of admission by a medical professional. This
medical professional may be a registered nurse, physician's assistant, Advanced
Registered Nurse Practitioner or medical doctor who has authority to perform
physical examinations of a medical nature.
2. The child's medical history;
3. Written consent from the child's parent or
guardian for the provider to authorize routine medical and dental procedures
for the child, and to authorize emergency procedures when written parental
consent cannot be obtained; and
4.
Immunization status and completion according to the U.S. Public Health Service
Advisory Committee on Immunization Practices and the Committee on Control of
Infectious Diseases of the American Academy of
Pediatrics.
(8)
Placement agreement. The provider shall have and make available upon request a
written agreement between the provider, the child's parent, guardian, and the
department, which shall be kept in the child's file and available for review by
the department and agency. The written agreement shall be signed and dated by
each of the parties involved. Any revisions or modifications to the written
agreement shall be signed and dated. The agreement shall include, at a minimum:
(a) The frequency and types of regular
contact between the child's family and the provider staff;
(b) A plan for sharing information about the
child's care and development with the parent, guardian, the guardian ad litem,
and the department;
(c) The family
and the provider's participation in the ongoing evaluation of the child's needs
and progress;
(d) The designation
of staff responsible for working with the child's parent, guardian, guardian ad
litem and the organization that signs the placement agreement;
(e) Visitation plans for the child's parent,
guardian, guardian ad litem or the department. The visitation plans must be
flexible to accommodate work and other important schedules of the child's
family;
(f) Provisions for
treatment plan reviews;
(g) The
financial plan for payment of care and any fees to be covered;
(h) The conditions under which the child will
be released from the program;
(i) A
designation of responsibility for aftercare services. If the child is assessed
as needing transition to adult mental health services, designation of
responsibility for assisting with the transition will be documented;
(j) A written description of complaint
procedures, including a method of appeal to the provider management for
complaints not resolved to the satisfaction of the child or parent or guardian;
and
(k) A statement signed by the
parent or guardian acknowledging they are aware of their responsibility to keep
the provider aware of any changes in their address or telephone
number.
(9) Interstate
compact.
(a) Before the provider accepts
placement of a child from out-of-state, the provider shall receive written
approval from the department's Office of the Interstate Compact on the
Placement of Children. In order to receive written approval from the
department, the provider shall require as part of the admission process that
the person responsible for the child prepare an interstate compact placement
request package and send it to the state Interstate Compact on the Placement of
Children Office in their state of residence for processing and mailing to the
department's Interstate Compact on the Placement of Children Office in
Florida.
(b) This interstate
compact placement request package shall contain an ICPC 100A Interstate Compact
Placement Request, Form CF 794, February 2002, which is hereby incorporated by
reference, or a substantially similar form used by the state or jurisdiction of
residence of the sending organization or person. It shall also contain a letter
on the Florida Residential Treatment Center letterhead stationery indicating
that the child has been accepted for placement, or that the child is being
considered for placement, and any other supporting documents that may be
required under Article III of the Interstate Compact. The signed, dated and
approved ICPC 100A shall be evidence of the approval required by the department
and shall be placed and maintained in the child's record.
(c) Within 10 business days of physical
arrival of a child from out-of-state, the provider shall complete, date, and
sign an ICPC 100B Interstate Compact Report on Child's Placement Status, Form
CF 795, February 2002, which is hereby incorporated by reference, place a copy
of the form in the child's record, and mail the original and two copies to:
Office of the Interstate Compact on the Placement of Children, Child Welfare
Program Office, Florida Department of Children and Family Services, 1317
Winewood Boulevard, Tallahassee, FL 32399-0700.
Specific Authority
394.875(8) FS.
Law Implemented 394.875
FS.
New 7-25-06, Amended
9-24-08.
