Florida Regulations 65C-29.013: Diligent Efforts to Locate
Current as of: 2024 | Check for updates
|
Other versions
(1) The child protective investigator shall make diligent efforts to locate a family prior to closing the investigation. When the family cannot be located at the time of the initial visit, the investigator shall conduct follow-up visits to the home during different times of the day and night, including weekends.
(2) If the family has not been located within 72 hours, the child protective investigator shall re-contact the reporter, if known, to determine if the family has recently moved or has fled to avoid the abuse investigation. If the reporter is anonymous and the child protective investigator has made diligent efforts to locate the child, the child protective investigator shall use the caller ID number in the abuse report to contact the reporter for the purpose of locating the child.
(3) When the child protective investigator has reason to suspect that the family has fled to avoid the investigation, the child protective investigator, child protective investigations supervisor, and counsel from Children’s Legal Services shall conduct a legal staffing to determine if sufficient probable cause exists to file a shelter petition based on credible evidence that the child is in imminent danger.
(4) When the child protective investigator has made a preliminary determination that the family has fled to avoid the investigation, a ‘Statewide Alert’ will be issued in ESFN.
(5) Prior to closing an investigation when a family cannot be located, the supervisor must determine if “”diligent efforts to locate”” the family have been expended. The supervisor must assess the following in making that determination:
(a) A thorough investigative search has been completed in an attempt to locate the family.
(b) A Statewide Alert has been issued on the family, when needed.
(c) The evidence gathered does not meet the standard for probable cause for the filing of a petition.
(6) Children who have been ordered to be taken into protective custody shall be referred to the Florida Department of Law Enforcement (FDLE) Missing Child Tracking System (MCTS) and on-going search activities shall be transferred to the Regional Criminal Justice Coordinator for the purpose of ensuring continuing efforts to locate the child.
Rulemaking Authority 39.012, 39.0121 FS. Law Implemented Florida Statutes § 39.402. History-New 5-4-06, Amended 12-31-14.
Terms Used In Florida Regulations 65C-29.013
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
(3) When the child protective investigator has reason to suspect that the family has fled to avoid the investigation, the child protective investigator, child protective investigations supervisor, and counsel from Children’s Legal Services shall conduct a legal staffing to determine if sufficient probable cause exists to file a shelter petition based on credible evidence that the child is in imminent danger.
(4) When the child protective investigator has made a preliminary determination that the family has fled to avoid the investigation, a ‘Statewide Alert’ will be issued in ESFN.
(5) Prior to closing an investigation when a family cannot be located, the supervisor must determine if “”diligent efforts to locate”” the family have been expended. The supervisor must assess the following in making that determination:
(a) A thorough investigative search has been completed in an attempt to locate the family.
(b) A Statewide Alert has been issued on the family, when needed.
(c) The evidence gathered does not meet the standard for probable cause for the filing of a petition.
(6) Children who have been ordered to be taken into protective custody shall be referred to the Florida Department of Law Enforcement (FDLE) Missing Child Tracking System (MCTS) and on-going search activities shall be transferred to the Regional Criminal Justice Coordinator for the purpose of ensuring continuing efforts to locate the child.
Rulemaking Authority 39.012, 39.0121 FS. Law Implemented Florida Statutes § 39.402. History-New 5-4-06, Amended 12-31-14.