Florida Administrative Code

(1) The Third-Party Credentialing Entity is responsible for certification revocation. (2) The Department, community-based care agencies, sheriffs' offices, and their contracted providers shall report all ethical violations of any certified child protection professional to the Thi…

Rulemaking Authority 402.40, 402.731(1) FS. Law Implemented 402.40, 402.731(1) FS. History-New 10-14-10, Repealed 10-19-15.

Rulemaking Authority 402.40, 402.731(1) FS. Law Implemented 402.40, 402.731(1) FS. History-New 10-14-10, Repealed 10-19-15.

(1) Each Third Party Credentialing Entity applying for Department approval pursuant to section 402.40, F.S., shall submit to the Office of Child Welfare at 1317 Winewood Boulevard, Building 1, 3rd floor, Tallahassee, Florida 32399, the following documentation for review: (a) Lett…

(1) No revocation or suspension of the Department's approval of Third Party Credentialing Entity status can be made unless the Department has served, by certified mail, a letter, which provides notice to the credentialing entity of the facts or conduct which warrant the intended …

(1) Every Child Welfare Trainer hired after August 1, 2019 who engages in instruction of the Pre-Service Curriculum, herein referred to as "Pre-Service Child Welfare Trainer," must apply for the Trainer Program within three (3) months of hire into a position of Pre-Service Child …

(1) "Assent" means a process by which a provider of medical services helps the patient achieve a developmentally appropriate awareness of the nature of his or her condition; informs the patient of what can be expected with tests and treatment; makes a clinical assessment of the p…

(1) Behavioral health services shall be provided to children in out-of-home care once the need for such services is identified. Prior to prescribing a psychotropic medication, the physician or psychiatric nurse must consider other treatment interventions that may include medical,…

(1) The child protective investigator (CPI) or case manager shall facilitate the attendance of the child's parent (where parental rights are intact) or legal guardian at all medical appointments. The CPI or case manager shall make the following minimum efforts to assist the presc…

(1) The caregiver's schedule must be taken into consideration when scheduling appointments. The caregiver must make every effort to attend medical appointments and obtain the information about medications, possible side effects, and provide information about the child to the pres…

(1) The prescribing physician or psychiatric nurse must discuss the proposed course of treatment with the child, in developmentally appropriate language the child can understand. The physician or psychiatric nurse must explain the risks and benefits of the prescribed medication t…

(1) When a child protective investigator (CPI) takes a child into custody he or she must ascertain whether the child is taking psychotropic medications. If so, the CPI must determine the purpose of the medication, the name and phone number of the prescribing physician, or psychia…

(1) Parents or legal guardians retain the right to consent to or decline the administration of psychotropic medications for children taken into state care until such time as their parental rights, or court ordered guardianship or custodial rights, have been terminated. (2) In no …

Rulemaking Authority 39.407(3)(g) FS. Law Implemented 39.407(1), (2), (3) FS. History-New 3-17-10, Repealed 4-20-17.

Rulemaking Authority 39.407(3)(g) FS. Law Implemented 39.407(3) FS. History-New 3-17-10, Repealed 4-20-17.

Rulemaking Authority 39.407(3)(g) FS. Law Implemented 39.407(1), (2), (3) FS. History-New 3-17-10, Repealed 4-20-17.

(1) The monitoring of the use of psychotropic medication provided to children will be the joint responsibility of the prescribing physician or psychiatric nurse, the caregiver, the child protective investigator (CPI) or case manager, and the CPI or case manager's supervisor. Chil…

(1) Second Opinions. (a) The child protective investigator (CPI) or case manager may seek a second medical opinion at any time after consultation with a supervisor as to the need for a second opinion. (b) When any party files a motion requesting that the court order a second medi…

(1) If the parent or caregiver is unable to attend the medical appointment, the prescribing physician or psychiatric nurse must complete, review, and sign the Medical Report form, incorporated by reference in Rule 65C-35.001, F.A.C. The physician or psychiatric nurse may submit a…

(1) All child protective investigators and sheriff's officers who conduct child investigations shall receive training from Department trainers or trainers with the Sherriff's Office. Case managers shall receive training from the community-based care lead agency (CBC) or its contr…

The following definitions are to be used for Chapter 65C-38, F.A.C. (1) "Florida Safe Families Network (FSFN)" means the Department's State Automated Child Welfare System (SACWIS). FSFN serves as the statewide electronic case record for all child abuse investigations and case man…

(1) The Department, community-based care lead agency and its subcontracted providers shall check the electronic FSFN case record for information on all persons being considered for placement of a child, including parents and all members of the household, 12 years of age and older…

(1) "Adverse action" means any action by the Department, community-based care lead agency, or its contracted service provider that denies a young adult's application for readmission to extended foster care, or that discharges a young adult from extended foster care. (2) "Designat…

(1) Children in the legal custody of the Department or living in licensed care on the date of their 18th birthday do not need to apply for Extended Foster Care. If the child exercises his or her option to remain in foster care under the jurisdiction of the court, the child and de…

(1) Section 39.6251, F.S., sets forth the eligibility requirements for a young adult to remain in extended foster care. (2) A young adult is considered to have been living in licensed care on the date of his or her 18th birthday if the young adult was living licensed care or the …

(1) Residing in a supervised environment is not intended to be a barrier to independence; however, every living arrangement must meet all the requirements as detailed in Section 39.6251(4), F.S. (2) Approved Living Arrangements. (a) A comprehensive assessment shall be made to det…

(1) Transition and Case Plans. Each young adult in extended foster care must have both a transition plan and a case plan developed. Designated staff shall work with the young adult on the development and updates to each plan. (a) Transition Plan. The provisions of the transition …

(1) A young adult shall be given notice of termination from the extended foster care program when the young adult fails to participate in a qualifying activity or fails to reside in an approved living arrangement. In the event the designated staff determines that the young adult …

(1) The Department, the community-based care lead agency and its contracted service provider staff shall treat all young adults fairly and afford them due process. A young adult applying for or receiving extended foster care services has the right to receive written notice of adv…

The following definitions are to be used in this chapter. (1) "Adverse action" means any action by the Department, community-based care lead agency, or its contracted service provider that denies, in whole or in part, a young adult's application for Postsecondary Education Servic…

(1) Application for Postsecondary Education Services and Support (PESS). Each young adult who wishes to receive a PESS stipend shall complete and sign an application for this program. (2) If it is determined that the young adult is not eligible for PESS, designated staff shall de…

(1) Eligibility. A young adult is eligible for Aftercare Services if he or she: (a) Reached the age of 18 while in licensed foster care or in the legal custody of the department, or lived in out-of-home care for at least 6 months after turning 14 years of age, and did not achieve…

(1) The Department, the community-based care lead agency and its contracted service provider staff shall treat all young adults fairly and afford them due process. A young adult applying for or receiving Postsecondary Education Services and Support (PESS) or Aftercare Services ha…

(1) Any child or young adult suspected of being commercially sexually exploited or labor trafficked shall be assessed using the "Human Trafficking Screening Tool Administration Guide (HTST)," CF-FSP 5406, July 2023, incorporated by reference and available at http://www.flrules.or…

Each lead agency and regional Department of Children and Families, Family Safety Office shall provide the following information about children and young adults the lead agency serves to the Department's Office of Child Welfare's Human Trafficking Unit on a monthly basis: (1) The …

Rulemaking Authority 409.1678(2)(c)7., (2)(e) FS. Law Implemented 409.1678 FS. History-New 1-12-16, Amended 10-24-19, Transferred to 65C-14.119.

Rulemaking Authority 409.1678(2)(e) FS. Law Implemented 409.1678 FS. History-New 10-24-19, Transferred to 65C-14.120.

(1) Foster parents and direct care staff of residential child-caring agencies must have completed all pre-service training, as prescribed in Section 409.145(2)(e), F.S., and Rule 65C-45.002, F.A.C., prior to the submission of the application to become a safe foster home or safe h…

(1) Child protective investigators and case managers, and their supervisors, must receive a minimum of six (6) hours of specialized training on human trafficking approved by the Department prior to accepting cases with children or young adult victims of human trafficking. The spe…

(1) Prior to a moratorium on referrals or revocation of certification for a safe foster home or safe house, the Regional Licensing Authority shall review the following: (a) Licensing history, including history of corrective action plans; and, (b) History of abuse and neglect repo…

(1) "Child" for purposes of this rule chapter means an individual who has not attained 18 years of age. (2) "Extended Guardianship Assistance Agreement" means an agreeement that outlines the payment amount and services provided for a qualifying young adult. (3) "Extended Guardian…

The child welfare professional shall inform prospective guardianship caregivers of the availability of all of the benefits listed below: (1) Guardianship Assistance Payment. (2) Other Medical Services. Other medical services available include on-going Medicaid coverage and contin…

(1) The purpose of the guardianship assistance payment is to make financial assistance available to permanent guardians to enable them to provide care for a qualifying child. Every permanent guardian must be advised of the availability of a guardianship assistance payment and the…

The "Guardianship Assistance Agreement Between the Department of Children and Families and Guardians Regarding Payments and Services," CF-FSP 5437, (December 2024), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-17367, must be signe…

(1) A successor guardian should be identified and documented on the Guardianship Assistance Agreement. (2) The successor guardian is not required to be a relative, fictive kin or a licensed caregiver. (3) The successor guardian must successfully complete the following criminal, d…

(1) Under any Guardianship Assistance Agreement, the state is authorized to make payments to the guardian for non-recurring, one time, expenses the guardian has incurred in connection with the guardianship. Non-recurring guardianship expenses are court costs, attorney fees, and o…

(1) Families shall be notified of the Extension of Guardianship Assistance Payment when they are entering into an agreement for a child who has attained 14-17 years of age. (2) The initial agreement shall notate that the caregiver intends to opt into the Extension of Guardianship…

(1) An annual redetermination for Guardianship Assistance Payment eligibility shall be completed every 12 months. Failure of the guardian to submit a completed "Guardianship Assistance Program Eligibility Redetermination" form prior to the end of the 12-month redetermination date…

(1) The Department shall conduct background screenings for all persons considered by the Department for initial licensure, re-licensure, or re-screenings for 3-year licensure for out-of-home caregivers and all adult household members age 18 and older, pursuant to Sections 409.175…

(1) Parent preparation pre-service and in-service training shall meet the requirements of Section 409.175(14), F.S. (2) Applicants who have previously completed a Department-approved pre-service training curriculum in the past five years, and who can provide proof of completion, …