Florida Regulations 65C-30.002: Safety Planning and Case Transfer
Current as of: 2024 | Check for updates
|
Other versions
(1) Prior to case transfer, the child protection investigator (CPI) is responsible for development, management and modification of safety plans; after case transfer the case manager is responsible for ongoing safety plan development, for safety management, including safety plan modifications. The child welfare professional will have access to an array of formal safety management services available through the lead agency.
(2) All safety plans shall be developed with the involvement of the child’s parents or legal guardians and in-home plans shall contain the safety management services required to prevent removal or reentry of the child.
(a) Present danger threats shall be addressed prior to the child welfare professional leaving the home, unless their personal safety is threatened by their presence within the home. If the child welfare professional has to leave the home to ensure their own safety, law enforcement shall be contacted, and the plan implemented as soon as it’s safe to return to the location;
(b) The child welfare professional responsible for the case shall develop a safety plan in response to impending danger threats.
(3) An in-home safety plan will be developed in response to impending danger when all of the following conditions are met:
(a) The parents/legal guardians are willing for an in-home safety plan to be developed and implemented and have agreed to cooperate with all identified safety service providers;
(b) The home environment is calm and consistent enough for an in-home safety plan to be implemented and for safety service providers to be in the home safely;
(c) Safety services are available in order to manage the impending danger that is manifested in the home;
(d) The results of scheduled professional evaluations are not necessary for purposes of safety planning; and,
(e) The parents/legal guardians have a physical location in which to implement an in-home safety plan.
(4) The child welfare professional responsible for the safety plan must determine that any informal provider, including relatives or a parent not in the home, is capable of, and has committed to, implementing his or her role in the safety plan.
(a) The child welfare professional responsible shall ensure that child abuse and criminal history checks are completed on all informal providers.
(b) When an out-of-home plan is initiated, the child welfare professional must complete face-to-face contacts with the child and caregiver at least once every seven (7) calendar days.
(c) In all cases involving an American Indian or Alaskan Native child in which either an out-of-home plan is initiated, or the potential outcome is a dependency action, the Indian Custodian and the child’s tribe shall be notified immediately of the pending placement with notification of all subsequent staffing or case transfer activities as required by the Indian Child Welfare Act. The child welfare professional shall also check to see if there is an Agency Memorandum of Agreement in place with the respective Indian tribe and follow all outlined requirements.
(5) When an out-of-home safety plan for impending danger is initiated, the conditions for return and visitation with the parent will be established.
(a) The child welfare professional responsible for the case shall determine the child’s supervision and care needs pursuant to Fl. Admin. Code R. 65C-28.004, to ensure that the child is placed with a responsible adult who can meet the child’s needs.
(b) The child welfare professional responsible for the case shall complete:
1. An Other Parent Home Assessment if releasing or placing the child with a parent, or
2. The Unified Home Study functionaliy in FSFN if placing the child with a relative or non-relative caregiver.
(6) Once the investigation and family functioning assessment have been completed, the CPI shall schedule a case transfer conference at which time a case manager will assume responsibility for ongoing safety and case management.
(a) The CPI or child protective investigator supervisor shall present the case to the lead agency or its designee at the case transfer conference.
(b) The case transfer conference shall:
1. Address the identification of danger threats, caregiver protective capacities and child vulnerability, including assessment information provided by the Child Protection Team;
2. Share all critical information on the family, including the parent’s or legal guardian‘s level of cooperation in complying with safety actions as part of a lead agency managed safety plan;
3. If a child has been voluntarily moved outside the family home by a parent as a part of a family made arrangement, discuss:
a. The reasons for short term separation;
b. Parents retention of full legal responsibility including decision-making authority and access to the child;
c. Impacts to the child’s safety given the parents retention of rights;
d. The safety manager’s ability to care for and protect the child; and
e. How long the short-term arrangement will last.
4. If a child has been removed from the home by the Department, discuss the conditions for return related to the reasons for removal; and
5. Ensure a smooth transition from one component of the child protection/child welfare system to another.
(c) At case transfer, the CPI shall ensure that the child’s FSFN case file provides:
1. Up-to-date investigative activities;
2. A completed family functioning assessment containing sufficient, reconciled and corroborated assessment information. Sufficient means enough information has been gathered to support the identification of danger threats, caregiver protective capacities, and child vulnerability;
3. The name and location of child’s school and/or child care provider, if available;
4. The name and location of child’s medical provider(s) and any health or medical information, if available;
5. Any documented diligent efforts to identify and locate all relatives of the child, to include parents of siblings;
6. The child’s date and location of birth if the child is under court ordered supervision, if available;
7. A photograph of the child who was removed or will be placed under court ordered supervision, if available;
8. Fingerprints of the child placed in out-of-home care, if available;
9. The status of the inquiry into whether the child may have Native American heritage;
10. The results of criminal, delinquency and abuse/neglect history checks performed on a relative or non-relative caregiver;
11. Any court or other documents related to shelter; and,
12. Any other documentation or actions agreed upon between the Department staff or sheriff’s office performing the investigation and the contracted service provider.
(d) Once the case transfer conference has been completed, full responsibility for the case by the case management provider will begin, including monitoring or modifying the safety plan.
(e) In non-judicial cases, the case manager shall seek court supervision of a case if the parent(s) are not demonstrating efforts to achieve case plan outcomes that address the child’s need for safety or if a higher level of intrusiveness is required to manage child safety.
(f) There shall be no discrimination against a child based on the child’s immigration status.
(7) Child welfare professionals shall work collaboratively to determine all additional actions related to safety plan modifications, removals, and placements pursuant to Fl. Admin. Code R. 65C-30.015, to ensure the child’s needs for safety, permanency, and wellbeing are met. If consensus cannot be reached between the CPI, case manager, service provider(s), and Children’s Legal Services related to safety plan modifications, removals, and placements, a multidisciplinary staffing shall be conducted within 14 business days to address ongoing concerns;
(a) The child welfare professional responsible for the case shall schedule the multidisciplinary staffing;
(b) Additional stakeholders to attend the staffing may include, but are not limited to, the child protective investigator’s supervisor, case management agencies supervisor, program directors, and guardian ad litem.
Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.301(7), (9), 39.402(7), (15), 39.522(1) FS. History-New 5-4-06, Amended 2-25-16, 9-9-19.
Terms Used In Florida Regulations 65C-30.002
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(a) Present danger threats shall be addressed prior to the child welfare professional leaving the home, unless their personal safety is threatened by their presence within the home. If the child welfare professional has to leave the home to ensure their own safety, law enforcement shall be contacted, and the plan implemented as soon as it’s safe to return to the location;
(b) The child welfare professional responsible for the case shall develop a safety plan in response to impending danger threats.
(3) An in-home safety plan will be developed in response to impending danger when all of the following conditions are met:
(a) The parents/legal guardians are willing for an in-home safety plan to be developed and implemented and have agreed to cooperate with all identified safety service providers;
(b) The home environment is calm and consistent enough for an in-home safety plan to be implemented and for safety service providers to be in the home safely;
(c) Safety services are available in order to manage the impending danger that is manifested in the home;
(d) The results of scheduled professional evaluations are not necessary for purposes of safety planning; and,
(e) The parents/legal guardians have a physical location in which to implement an in-home safety plan.
(4) The child welfare professional responsible for the safety plan must determine that any informal provider, including relatives or a parent not in the home, is capable of, and has committed to, implementing his or her role in the safety plan.
(a) The child welfare professional responsible shall ensure that child abuse and criminal history checks are completed on all informal providers.
(b) When an out-of-home plan is initiated, the child welfare professional must complete face-to-face contacts with the child and caregiver at least once every seven (7) calendar days.
(c) In all cases involving an American Indian or Alaskan Native child in which either an out-of-home plan is initiated, or the potential outcome is a dependency action, the Indian Custodian and the child’s tribe shall be notified immediately of the pending placement with notification of all subsequent staffing or case transfer activities as required by the Indian Child Welfare Act. The child welfare professional shall also check to see if there is an Agency Memorandum of Agreement in place with the respective Indian tribe and follow all outlined requirements.
(5) When an out-of-home safety plan for impending danger is initiated, the conditions for return and visitation with the parent will be established.
(a) The child welfare professional responsible for the case shall determine the child’s supervision and care needs pursuant to Fl. Admin. Code R. 65C-28.004, to ensure that the child is placed with a responsible adult who can meet the child’s needs.
(b) The child welfare professional responsible for the case shall complete:
1. An Other Parent Home Assessment if releasing or placing the child with a parent, or
2. The Unified Home Study functionaliy in FSFN if placing the child with a relative or non-relative caregiver.
(6) Once the investigation and family functioning assessment have been completed, the CPI shall schedule a case transfer conference at which time a case manager will assume responsibility for ongoing safety and case management.
(a) The CPI or child protective investigator supervisor shall present the case to the lead agency or its designee at the case transfer conference.
(b) The case transfer conference shall:
1. Address the identification of danger threats, caregiver protective capacities and child vulnerability, including assessment information provided by the Child Protection Team;
2. Share all critical information on the family, including the parent’s or legal guardian‘s level of cooperation in complying with safety actions as part of a lead agency managed safety plan;
3. If a child has been voluntarily moved outside the family home by a parent as a part of a family made arrangement, discuss:
a. The reasons for short term separation;
b. Parents retention of full legal responsibility including decision-making authority and access to the child;
c. Impacts to the child’s safety given the parents retention of rights;
d. The safety manager’s ability to care for and protect the child; and
e. How long the short-term arrangement will last.
4. If a child has been removed from the home by the Department, discuss the conditions for return related to the reasons for removal; and
5. Ensure a smooth transition from one component of the child protection/child welfare system to another.
(c) At case transfer, the CPI shall ensure that the child’s FSFN case file provides:
1. Up-to-date investigative activities;
2. A completed family functioning assessment containing sufficient, reconciled and corroborated assessment information. Sufficient means enough information has been gathered to support the identification of danger threats, caregiver protective capacities, and child vulnerability;
3. The name and location of child’s school and/or child care provider, if available;
4. The name and location of child’s medical provider(s) and any health or medical information, if available;
5. Any documented diligent efforts to identify and locate all relatives of the child, to include parents of siblings;
6. The child’s date and location of birth if the child is under court ordered supervision, if available;
7. A photograph of the child who was removed or will be placed under court ordered supervision, if available;
8. Fingerprints of the child placed in out-of-home care, if available;
9. The status of the inquiry into whether the child may have Native American heritage;
10. The results of criminal, delinquency and abuse/neglect history checks performed on a relative or non-relative caregiver;
11. Any court or other documents related to shelter; and,
12. Any other documentation or actions agreed upon between the Department staff or sheriff’s office performing the investigation and the contracted service provider.
(d) Once the case transfer conference has been completed, full responsibility for the case by the case management provider will begin, including monitoring or modifying the safety plan.
(e) In non-judicial cases, the case manager shall seek court supervision of a case if the parent(s) are not demonstrating efforts to achieve case plan outcomes that address the child’s need for safety or if a higher level of intrusiveness is required to manage child safety.
(f) There shall be no discrimination against a child based on the child’s immigration status.
(7) Child welfare professionals shall work collaboratively to determine all additional actions related to safety plan modifications, removals, and placements pursuant to Fl. Admin. Code R. 65C-30.015, to ensure the child’s needs for safety, permanency, and wellbeing are met. If consensus cannot be reached between the CPI, case manager, service provider(s), and Children’s Legal Services related to safety plan modifications, removals, and placements, a multidisciplinary staffing shall be conducted within 14 business days to address ongoing concerns;
(a) The child welfare professional responsible for the case shall schedule the multidisciplinary staffing;
(b) Additional stakeholders to attend the staffing may include, but are not limited to, the child protective investigator’s supervisor, case management agencies supervisor, program directors, and guardian ad litem.
Rulemaking Authority 39.012, 39.0121(12), (13) FS. Law Implemented 39.301(7), (9), 39.402(7), (15), 39.522(1) FS. History-New 5-4-06, Amended 2-25-16, 9-9-19.