Florida Regulations 65C-30.009: Least Intrusive Interventions
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(1) When the child welfare professional determines the protective, treatment and remedial services necessary to ensure the child’s safety, well-being and need for permanency, the following shall be the priority order of least intrusive options considered and shall be informed by the safety analysis:
(a) Child remains in home with no judicial actions.
(b) Child remains in home with judicial actions.
(c) Child is placed out of home temporarily.
(2) Prior to a child being removed from the home, the Department or its authorized agent shall determine if, with the provision of appropriate and available safety management services, the child could safely remain at home. If at any time it is determined the child’s safety and well-being are in danger, the safety plan shall be modified to control for the danger, which may include increasing the level of intrusiveness.
(3) The following outlines the tiered protocol to services that allows the Department or its agent to diligently support family continuity prior to placing children in out-of-home care.
(a) In-home Non-judicial Services. In this initial tier, the child will remain at home and the Department or contracted service provider shall manage the safety plan and work in partnership with the family, without judicial intervention, to develop a case plan based on the identified needs in the Family Functioning Assessment. If, during the course of In-home Non-judicial Services, there is no progress in increasing the diminished protective capacities or the safety plan is no longer sufficiently controlling the danger, the case manager shall increase the level of intrusiveness of the safety management services and pursue judicial intervention.
(b) In-home Judicial Services. In-home Judicial Services occur when it has been determined through safety analysis that the child can remain in the home with safety management services while receiving services under the supervision of the court. Judicial oversight is needed for the family to engage in treatment services and to achieve the case plan outcomes.
(4) Court Ordered Relative/Non-Relative Placements. When a child is removed from his or her parents or legal guardian due to abuse, neglect or abandonment, the Department or contracted service provider shall request the names, relationships and addresses of both parents, maternal and paternal relatives, and any non-relatives who are known to the family and who may be able to provide for the health and safety of the child and have an established relationship with the child and will make diligent efforts to identify and locate relatives and any parents of siblings.
(a) Prior to making an emergency placement with a relative or non-relative, an on-site check of the safety and appropriateness of the caregiver’s home and initial criminal, delinquency and abuse/neglect history check activities shall be performed, followed by the fingerprinting of all adult household members in the caregiver’s home and further criminal, delinquency and abuse/neglect history check activities as set forth in Fl. Admin. Code R. 65C-28.011
(b) Prior to the child’s placement the child welfare professional shall complete a home study of the selected caregiver’s home, as set forth in Fl. Admin. Code R. 65C-28.012 When more than one (1) caregiver is being considered for placement, the rationale for the placement decision must be documented in FSFN. When a caregiver is denied placement, a home study will need to be completed to document the reason for denial.
(c) The child welfare professional shall inform the caregiver, in writing, about the:
1. Temporary Assistance for Needy Families (TANF) funded Temporary Cash Assistance Program (TCA) grant through the Office of Economic Self-Sufficiency (ESS) for relatives within the fifth degree of relationship by blood, marriage or adoption to the child, which would include Medicaid eligibility for the child. If the caregiver is a relative of the child, he or she shall be referred to ESS to apply for a TCA grant immediately upon the child’s placement.
2. Relative Caregiver Program payment available for relatives through ESS, post-disposition, if the caregiver is a relative who is within the fifth degree by blood or marriage to the parent or stepparent of the child (this is a broader degree of relationship than for TCA), in accordance with the criteria outlined in Section 39.5085(2)(a)1., F.S. Where there is a half-sibling of the related child whose parent or stepparent does not meet the degree of relationship to the caregiver required for eligibility, the half-sibling shall also be referred in accordance with the criteria outlined in Section 39.5085(2)(a)2., F.S. See Fl. Admin. Code R. 65C-28.008(2)(c), regarding the degree of relationship requirements for RCP eligibility.
3. Non-Relative Caregiver financial assistance available after adjudication and disposition.
4. The option of becoming a licensed caregiver.
Rulemaking Authority 39.012, 39.0121(1), (13) FS. Law Implemented 39.301(9)(b), 39.401(4), 39.5085, 39.6012(1) FS. History-New 5-4-06, Amended 2-25-16.
Terms Used In Florida Regulations 65C-30.009
- 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.
- Oversight: Committee review of the activities of a Federal agency or program.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(b) Child remains in home with judicial actions.
(c) Child is placed out of home temporarily.
(2) Prior to a child being removed from the home, the Department or its authorized agent shall determine if, with the provision of appropriate and available safety management services, the child could safely remain at home. If at any time it is determined the child’s safety and well-being are in danger, the safety plan shall be modified to control for the danger, which may include increasing the level of intrusiveness.
(3) The following outlines the tiered protocol to services that allows the Department or its agent to diligently support family continuity prior to placing children in out-of-home care.
(a) In-home Non-judicial Services. In this initial tier, the child will remain at home and the Department or contracted service provider shall manage the safety plan and work in partnership with the family, without judicial intervention, to develop a case plan based on the identified needs in the Family Functioning Assessment. If, during the course of In-home Non-judicial Services, there is no progress in increasing the diminished protective capacities or the safety plan is no longer sufficiently controlling the danger, the case manager shall increase the level of intrusiveness of the safety management services and pursue judicial intervention.
(b) In-home Judicial Services. In-home Judicial Services occur when it has been determined through safety analysis that the child can remain in the home with safety management services while receiving services under the supervision of the court. Judicial oversight is needed for the family to engage in treatment services and to achieve the case plan outcomes.
(4) Court Ordered Relative/Non-Relative Placements. When a child is removed from his or her parents or legal guardian due to abuse, neglect or abandonment, the Department or contracted service provider shall request the names, relationships and addresses of both parents, maternal and paternal relatives, and any non-relatives who are known to the family and who may be able to provide for the health and safety of the child and have an established relationship with the child and will make diligent efforts to identify and locate relatives and any parents of siblings.
(a) Prior to making an emergency placement with a relative or non-relative, an on-site check of the safety and appropriateness of the caregiver’s home and initial criminal, delinquency and abuse/neglect history check activities shall be performed, followed by the fingerprinting of all adult household members in the caregiver’s home and further criminal, delinquency and abuse/neglect history check activities as set forth in Fl. Admin. Code R. 65C-28.011
(b) Prior to the child’s placement the child welfare professional shall complete a home study of the selected caregiver’s home, as set forth in Fl. Admin. Code R. 65C-28.012 When more than one (1) caregiver is being considered for placement, the rationale for the placement decision must be documented in FSFN. When a caregiver is denied placement, a home study will need to be completed to document the reason for denial.
(c) The child welfare professional shall inform the caregiver, in writing, about the:
1. Temporary Assistance for Needy Families (TANF) funded Temporary Cash Assistance Program (TCA) grant through the Office of Economic Self-Sufficiency (ESS) for relatives within the fifth degree of relationship by blood, marriage or adoption to the child, which would include Medicaid eligibility for the child. If the caregiver is a relative of the child, he or she shall be referred to ESS to apply for a TCA grant immediately upon the child’s placement.
2. Relative Caregiver Program payment available for relatives through ESS, post-disposition, if the caregiver is a relative who is within the fifth degree by blood or marriage to the parent or stepparent of the child (this is a broader degree of relationship than for TCA), in accordance with the criteria outlined in Section 39.5085(2)(a)1., F.S. Where there is a half-sibling of the related child whose parent or stepparent does not meet the degree of relationship to the caregiver required for eligibility, the half-sibling shall also be referred in accordance with the criteria outlined in Section 39.5085(2)(a)2., F.S. See Fl. Admin. Code R. 65C-28.008(2)(c), regarding the degree of relationship requirements for RCP eligibility.
3. Non-Relative Caregiver financial assistance available after adjudication and disposition.
4. The option of becoming a licensed caregiver.
Rulemaking Authority 39.012, 39.0121(1), (13) FS. Law Implemented 39.301(9)(b), 39.401(4), 39.5085, 39.6012(1) FS. History-New 5-4-06, Amended 2-25-16.