Florida Regulations 65C-46.007: Child Abuse and Neglect and Incident Notification Procedures
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(1) The child-caring agency shall have and follow procedures for handling any suspected incidents of child abuse or neglect involving staff or residents.
(2) The child-caring agency shall require each staff member to read and sign a statement which recites Florida Statutes § 39.201, and outlines the staff member’s responsibility to report all incidents of child abuse and neglect.
(3) All suspected cases of child abuse and neglect shall be reported to the Florida Abuse Hotline in accordance with Florida Statutes Chapter 39, including incidents of child-on-child sexual abuse.
(4) A provision shall be made for reporting and recording any suspected incident of abuse or neglect or endangerment to the program director of the child-caring agency.
(5) There shall be an immediate provision for protecting the victim and preventing a recurrence of the alleged incident pending investigation.
(6) The following critical incidents, defined in CF Operating Procedure No. 215-6, April 1, 2013, HRSR 0-10-1 dated January 1, 1986, which is herein incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07456, shall be reported in accordance with the child-placing agency’s incident reporting procedures for children in the care and custody of the Department:
(a) Child arrest.
(b) Child death.
(c) Young adult in extended foster care death.
(d) Child on child sexual abuse.
(e) Employee arrest.
(f) Employee misconduct.
(g) Missing child or young adult.
(h) Security incident.
(i) Sexual abuse/sexual battery.
(j) Injury to child or young adult requiring medical attention from a physician.
(k) Injury to staff requiring medical attention from a physician.
(l) Suicide attempt of child or young adult.
(7) Critical incidents shall be reported to the primary worker or supervisor as soon as the immediate needs of those involved in the incident have been addressed and other required notifications, such as to law enforcement, have been completed.
(a) Upon notification, the primary worker shall follow the local incident reporting procedures which shall result in entry of the incident’s details into the Department’s Incident Reporting and Analysis System (IRAS). All critical incidents must be entered into IRAS within one (1) business day of the critical incident.
(b) The primary worker or supervisor and the program director or designee shall coordinate notification to the parents or legal guardian.
(8) If a child who is being served voluntarily and is not in the care and custody of the Department is involved in any critical incident, the program director or designee shall notify the parents or legal guardian directly and the Department by submission of the child-caring agencies internal incident report within one (1) business day.
(9) All child-caring agencies shall report incidents in accordance with the Department’s incident reporting procedures outlined in CF Operating Procedure No. 215-6, incorporated in subsection (6), of this rule.
(10) Copies of incident reports shall be provided upon request to the caregiver or legal custodian to include the community-based care agency, the Department, guardian ad litem, child’s attorney, and parent(s).
Rulemaking Authority Florida Statutes § 409.175(5). Law Implemented 409.175(5)(b)1., 10. FS. History-New 7-1-87, Formerly 10M-9.026, Amended 10-20-16, 5-26-21, Formerly 64C-14.017.
Terms Used In Florida Regulations 65C-46.007
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
(3) All suspected cases of child abuse and neglect shall be reported to the Florida Abuse Hotline in accordance with Florida Statutes Chapter 39, including incidents of child-on-child sexual abuse.
(4) A provision shall be made for reporting and recording any suspected incident of abuse or neglect or endangerment to the program director of the child-caring agency.
(5) There shall be an immediate provision for protecting the victim and preventing a recurrence of the alleged incident pending investigation.
(6) The following critical incidents, defined in CF Operating Procedure No. 215-6, April 1, 2013, HRSR 0-10-1 dated January 1, 1986, which is herein incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07456, shall be reported in accordance with the child-placing agency’s incident reporting procedures for children in the care and custody of the Department:
(a) Child arrest.
(b) Child death.
(c) Young adult in extended foster care death.
(d) Child on child sexual abuse.
(e) Employee arrest.
(f) Employee misconduct.
(g) Missing child or young adult.
(h) Security incident.
(i) Sexual abuse/sexual battery.
(j) Injury to child or young adult requiring medical attention from a physician.
(k) Injury to staff requiring medical attention from a physician.
(l) Suicide attempt of child or young adult.
(7) Critical incidents shall be reported to the primary worker or supervisor as soon as the immediate needs of those involved in the incident have been addressed and other required notifications, such as to law enforcement, have been completed.
(a) Upon notification, the primary worker shall follow the local incident reporting procedures which shall result in entry of the incident’s details into the Department’s Incident Reporting and Analysis System (IRAS). All critical incidents must be entered into IRAS within one (1) business day of the critical incident.
(b) The primary worker or supervisor and the program director or designee shall coordinate notification to the parents or legal guardian.
(8) If a child who is being served voluntarily and is not in the care and custody of the Department is involved in any critical incident, the program director or designee shall notify the parents or legal guardian directly and the Department by submission of the child-caring agencies internal incident report within one (1) business day.
(9) All child-caring agencies shall report incidents in accordance with the Department’s incident reporting procedures outlined in CF Operating Procedure No. 215-6, incorporated in subsection (6), of this rule.
(10) Copies of incident reports shall be provided upon request to the caregiver or legal custodian to include the community-based care agency, the Department, guardian ad litem, child’s attorney, and parent(s).
Rulemaking Authority Florida Statutes § 409.175(5). Law Implemented 409.175(5)(b)1., 10. FS. History-New 7-1-87, Formerly 10M-9.026, Amended 10-20-16, 5-26-21, Formerly 64C-14.017.