(1) An integrated multidisciplinary team (MDT) staffing must be held when a decision is required to determine the most suitable out-of-home placement, educational placement, or any other important decisions in the child’s life which is so complex that the child welfare professional determines convening an MDT staffing is necessary to ensure the best interest of the child.
    (2) General Provisions.
    (a) The MDT staffing must incorporate the goals outlined in Florida Statutes § 39.4022(3), that allow for engagement and collaboration of all participants to reach a consensus in the best interest for the child and youth.
    (b) The child welfare professional shall ensure, at minimum, an MDT staffing occurs for the following circumstances:
    1. Emergency Placement Changes and Planned Placement Changes made by the department or the community-based care lead agency;
    2. Locating and placing missing children;
    3. Human Trafficking Placements;
    4. Reunifications;
    5. Sibling Separations;
    6. Placement Transitions outline in Section 39.4022(2)(a), F.S., including transitions between foster home ;
    7. Children in placements for Nine Months or More;
    8. Education and Childcare/Early Childhood Changes;
    9. Reinstatement of Parental Rights.
    (c) MDT staffings are not required for placements involving an intervention through an adoption entity pursuant to Florida Statutes § 63.082(6), when a child is temporarily moved for respite care, or when a child under the Indian Child Welfare Act (ICWA) pursuant to 25 U.S.C. § 1901 et seq., is transferred to their Tribe for ongoing care and supervision.
    (d) When requesting an MDT staffing, the child welfare professional must include all supporting documentation not available in the child welfare information system. Documents not available at the time of the initial referral, shall be submitted by the child welfare professional no later than two (2) business days prior to the scheduled MDT staffing.
    (e) The MDT staffing shall be conducted by a trained facilitator who has obtained the following qualifications:
    1. Department approved adoption competency training;
    2. Mediator or conflict resolution training;
    3. Trauma informed care training;
    4. Motivational interviewing training; and
    5. Program service delivery in Economic Self-Sufficiency and Substance Abuse Mental Health training.
    (f) The facilitator is responsible for conducting the following upon receipt of a request for an MDT staffing:
    1. Reviewing all requests to determine if the MDT staffing meets the criteria outlined in paragraph (2)(b);
    2. Scheduling timely MDT staffing based on the complexity of the case;
    3. Responding to all appropriate requests for an MDT staffing within two (2) business days from receipt of the referral;
    4. Inviting, at a minimum, participants set forth in Section 39.4022(4)(a), F.S., to the MDT staffing and a member of an Indian Tribe or Alaskan Native as defined in 25 U.S.C. § 1903, if the child is a member of that Indian tribe or Alaskan Native, to ensure placement preferences of the Tribe as outlined in 25 USC 1915(c);
    a. The Designated Tribal Agent for Service of Notice is the individual or individuals named in the Federal Register as being the official contact designated by the tribe for notification and legal service in compliance with the Indian Child Welfare Act. The Designated Tribal Agents for Service of Notice can be located at http://www.bia.gov/WhoWeAre/BIA/OIS/HumanServices/index.htm.
    b. If the Designated Tribal Agent designates a tribal representative to act on behalf of the Tribe for purposes of representing the Tribe’s interests throughout the dependency proceedings, then the facilitator shall invite that tribal representative.
    5. Inviting additional participants as outlined Section 39.4022(4)(b), F.S.;
    6. Providing the participants who are permitted under Florida Statutes Chapter 39, with supporting documentation no later than one (1) business day prior to the MDT staffing;
    7. Ensuring participants are notified of their responsibility to maintain the confidentiality of any information shared during the MDT staffing as outlined in Florida Statutes § 39.4022(9) by providing a written statement to all participants that reads: “”The information being disclosed during the MDT staffing is confidential and protected by state law. State law prohibits you from making any further disclosure unless otherwise permitted by state law.””;
    8. Informing parents that their confidential case information will be discussed with any participants invited to the staffing;
    9. Ensuring required participants are given the option to attend the MDT staffing in person or remotely; and
    10. Considering combining MDT staffings when multiple needs and decisions can be addressed simultaneously.
    (g) Parents shall be invited unless they are subject to one of the circumstance outlined in Section 39.4022(4)(a)1.b., F.S.
    (h) The MDT staffing shall not be delayed pursuant to Section 39.4022(6)(a)2., F.S.
    (i) All members of the MDT staffing are required to participate in the decision-making process. Each participating individual must provide reasons that support their decision pursuant to Sections 39.01375 and 39.4021, F.S.
    (j) The child welfare professional shall follow the final decision of the MDT staffing when a unanimous decision has been made and complete a Placement Transition MDT Staffing and Transition Plan pursuant to Fl. Admin. Code R. 65C-28.024
    (k) When the participants do not reach a unanimous consensus decision, the following shall occur.
    1. The facilitator shall provide written notification to the assigned CLS attorney and managing attorney for the circuit at the conclusion of the staffing, but no later than 24 hours following the staffing. The notification must include, at minimum, the participant’s names, type of MDT staffing, and a statement outlining the position of each member.
    2. The facilitator shall submit the MDT staffing packet, to include any assessment tools, supporting documents, MDT staffing recommendations, and written report within two (2) business days of the conclusion of the MDT staffing to the Department representative.
    (l) The facilitator shall immediately schedule a transition plan MDT staffing pursuant to Florida Statutes § 39.4023 within seven (7) business days from the final decision from the Department representative.
    (m) The facilitator must ensure the child’s best interest for remaining in school or child-care or educational program, pursuant to Fl. Admin. Code R. 65C-28.018, are considered during each MDT staffing.
    (n) Participants must consider all factors for reinstatement of parental rights as outlined in Florida Statutes § 39.8155 Biological or adoptive parents whose rights have been restored are not eligible to receive adoption assistance as outlined in Florida Statutes § 409.166(5)
    (3) Emergency and Planned Placement.
    (a) Whenever a child is unable to safely remain at home with a parent or requires a change of placement, the most appropriate placement shall be determined upon completion of the Comprehensive Placement Assessment and MDT staffing. The child shall be placed according to Florida Statutes § 39.523, and in addition to in the most appropriate setting available that meets the needs of the child and is in the child’s community.
    (b) Federal laws, Multiethnic Placement Act of 1994, 42 U.S.C.A. §671(a)(18), and Interethnic Adoption Provisions of the Small Business Job Protection Act of 1996, P.L. 104-188, 110 Stat. 175, require that every placement decision for children in the care or custody of the Department be made without regard to the race, ethnicity, color, or national origin of the child or the adult with whom the child is to be placed.
    (c) A Comprehensive Placement Assessment shall be conducted prior to making a referral for a clinical assessment for the purpose of rendering a diagnosis of mental illness or emotional or behavioral disorders or for the purpose of satisfying placement requirements in a clinical licensed clinical setting. The assessment shall not be used to formulate a diagnosis.
    (d) The child welfare professional shall complete the Comprehensive Placement Assessment, CF-FSP form 5438, (November 2022), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14961, document any reasons why the child was not placed in the recommended level of care and physical placement selected for the child.
    (e) The MDT staffing must occur prior to placement when the child is removed by a child protective investigator at initial removal.
    (f) Planned placements require an MDT staffing to be held prior to the intended date of the child’s change in physical placement.
    (g) Absent an emergency, the current caregiver shall notify the CBC, at a minimum of 45 days in advance, when requesting a change of placement.
    (h) Participants must consider the following factors during the MDT staffing:
    1. Appropriateness of the initial and subsequent placements;
    2. Factors outlined in the comprehensive placement assessment;
    3. The child’s expressed interests and desires related to their placement and how to accommodate them;
    4. Placement with siblings;
    5. Impact of the placement change to the current caregiver;
    6. Monetary allowance for children in out-of-home care pursuant to Florida Statutes § 409.14515(6); and
    7. The approved unified home study when moving a child to a relative or non-relative placement.
    (4) Placement Following Recovery from a Missing Children Episode. Participants must consider the factors outlined in Fl. Admin. Code R. 65C-30.019, during the MDT staffing when determining the most appropriate placement for the child upon recovery from a missing child episode, in addition to the following factors:
    (a) The child’s current or past experiences while missing;
    (b) Potential human trafficking involvement;
    (c) Substance misuse, sexual abuse, or other victimization;
    (d) Behavioral, developmental, mental, medical, and physical behaviors;
    (e) The child’s expressed interests and desires related to their placement and how to accommodate them;
    (f) Factors that contributed to the runaway episode;
    (g) The comprehensive placement assessment; and
    (h) Services for the child and/or caregiver to prevent future missing child episodes.
    (5) Human Trafficking.
    (a) The child welfare professional shall submit a referral requesting an MDT staffing when a child has been identified or suspected as a victim of human trafficking, and follow local protocols developed to support the MDT staffing pursuant to Florida Statutes § 409.1754(2) The child welfare professional must use the Human Trafficking (HT) MDT Staffing Form, CF-FSP 5461, (November 2022), incorporated by reference and available at available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14962.
    (b) In addition to the participants required to be invited to the MDT staffing pursuant to subparagraph (2)(f)4. of this rule, and Section 409.1754(2)(a), F.S., efforts shall be made to ensure the following individuals are invited to the staffing:
    1. The Department Criminal Justice Coordinator;
    2. Service providers who specialize in human trafficking; and
    (c) Participants must consider the following factors, during the MDT staffing to determine placement for a survivor of human trafficking:
    1. The child’s human trafficking screening tool (HTST), incorporated in Fl. Admin. Code R. 65C-43.001;
    2. The Level of Human Trafficking Placement Tool, CF-FSP 5460, (November 2022), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14963, if applicable;
    3. The comprehensive placement assessment, CF-FSP form 5438, incorporated in paragraph (3)(d) of this rule; and
    4. Placement in a treatment facility with a human trafficking program safe house, or safe foster home.
    (6) Reunification.
    (a) Participants must consider the following factors during the MDT staffing when making a determination to reunify the child:
    1. The most current progress update, protective capacity, and safety analysis;
    2. Recommendations for the future development of an in-home safety plan;
    3. Child’s behaviors that could pose a threat to self or others;
    4. Implementation of supports to assist with transitioning the child to the parent or legal guardian;
    5. Identification of supports and/or services necessary to assure a timely, smooth, and successful adjustment for the child and family after the transitions occur;
    6. Requirements for conditions for return and due diligence to achieve reunification outlined in Section 39.521(1)(e)9., F.S.; and
    7. The comprehensive placement assessment.
    (b) If the court orders reunification prior to an MDT staffing, the child welfare professional must immediately request a Placement Transition MDT staffing and Transition Plan as outlined in Fl. Admin. Code R. 65C-28.024
    (7) Sibling Separation.
    (a) Prior to the consideration of separate placement for siblings, the child welfare professional shall follow the requirements pursuant to Section 39.4024(3)(a)1., F.S. and complete the Sibling Placement Assessment Tool CF-FSP 5465, (November 2022), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14964.
    (b) When siblings are placed in out-of-home care at different time frames, the participants shall follow requirements outlined Section 39.4024(3)(a)2., F.S.
    (c) When a sibling of a child in out-of-home care has been identified an MDT staffing must be scheduled within three (3) business days of notification to consider placement of the siblings together.
    (d) Participants must follow all requirements pursuant to Sections 39.01375, 39.4021, 39.522(3), F.S., and Rules 65C-16.005, and 65C-16.002, F.A.C., when conducting an MDT staffing for the purpose of separating siblings because of an adoption.
    (e) When an action may result in separation of siblings that are currently placed together, the child welfare professional shall follow requirements pursuant to Section 39.4024(5)(b), F.S.
    (f) Participants must consider factors pursuant to Section 39.4024(3)(b), F.S, when placing siblings together.
    (g) Placement Transition MDT staffngs and Transition Plans must be completed pursuant to Fl. Admin. Code R. 65C-28.024, when a change in placement occurs. The transition plan must outline communication and visitation amongst siblings pursuant to Section 39.4024(4)(a), F.S.; and sibling contact information. The plan should include contact information for emancipated youth and youth that are reunified upon parental consent.
    (h) When the determination has been made to separate siblings, follow-up MDT staffings must as outlined in Florida Statutes § 39.4024
    (8) Children in a placement for Nine Months or More.
    (a) When a placement move is requested for children in a placement for nine (9) months or more, a multidisciplinary staffing must be held in the timeframe pursuant to Section 39.522(3)(c)1., F.S., if the factors identified in Section 39.522(3)(b)1., F.S. and the following have been met:
    1. The caregiver or other household members in the current placement has no verified reports of abuse, abandonment or neglect;
    2. The caregiver or other household member of the current placement has not been named as an alleged perpetrator in a sexual abuse report; and
    3. The caregiver has either:
    a. Applied to adopt and has a valid and approved adoption home study;
    b. A valid and approved relative or nonrelative home study; or
    c. An active foster home license.
    (b) If the decision, recommends a placement change, a Placement Transition MDT staffing and Transition Plan must be completed as outlined in Fl. Admin. Code R. 65C-28.024
    1. The child welfare professional or facilitator will provide CLS with the approved transition plan and recommendation to change the child’s placements.
    2. If the current caregiver did not attend the MDT staffing, the child welfare professional or facilitator will provide a written notice to the current caregiver outlining the MDT decision or the Department representative decision, if applicable.
    3.The written notice and the date the current caregiver received the notice will be provided to CLS within 72 hours of the Post Disposition Change in Custody MDT staffing.
    (c) The transition of the child to the new placement shall not begin until the requirements outlined in Section 39.522(3)(c), F.S, have been met.
    (9) Education and Placement Transitions.
    (a) The child welfare professional shall request an MDT pursuant to Florida Statutes § 39.4023, to ensure the child’s educational setting and placement setting change is in the best interest of the child.
    (b) In addition to the requirements outlined in subsection (2) of this rule section, the MDT staffing must include all requirements pursuant to Fl. Admin. Code R. 65C-28.018, for educational transitions or child-care/early childhood transitions, and Fl. Admin. Code R. 65C-28.024, for placement transitions.
    (10) Within five (5) business days of the MDT staffing conclusions, the facilitator shall upload the packet and supporting documentation, as appropriate, in the meeting module associated with the appropriate meeting type in the child welfare information system. Supporting documentation obtained directly from the child welfare information system for inclusion in the MDT packet, does not require an additional upload.
Rulemaking Authority 39.012, 39.4022(11), 39.4023(7), 39.4024(8), 39.523(5) FS. Law Implemented 39.4022, 39.4023, 39.4024, 39.522, 39.523 FS. History-New 12-25-22.