Fla. Admin. Code R. 65C-30.007
(1) Contacts with Children.
(e) Face-to-face contacts with the child and caregiver shall occur at least once every seven (7) days as long as the child remains in shelter status. The frequency of contact, while in shelter status, may be modified after the case management supervisor documents in the child welfare information system that all of the following conditions have been met:
1. The child is in the care of a relative, non-relative, or a licensed foster parent and is not demonstrating any behaviors that may lead to a placement disruption.
2. The child has not experienced any placement changes and the case has been open to case management for more than 30 days.
3. The child’s needs have been assessed and all therapeutic services needed are being provided.
4. The child, if developmentally appropriate, and the out-of-home caregiver are in agreement with the modification to the frequency of contact with the case manager.
5. The safety plan for the family does not require more frequent face-to-face contact between the child and case manager.
(g) After disposition, the frequency of contacts may be modified, but in no case shall contacts be less frequently than every 30 days for a child.
1. The case manager must document all contacts in the child welfare information system, including case plan and safety plan monitoring, no later than 2 business days from the contact.
2. Contact with a child outside the child’s current place of residence shall occur in an environment in which the child is comfortable, such as an early education or child care program, school setting, or child’s therapeutic setting.
(2) Contacts with Parent or Legal Guardian, and Caregiver Living in Florida.
(c) If the case manager learns that a new household member has moved into the child’s home, the following background checks must be completed and documented as part of the ongoing family functioning assessment or progress update, and the judicial review and the Unified Home Study must be updated within 30 days:
1. Local criminal records check, including 911 calls, for new household members aged 12 and older;
2. Florida Crime Information Center (FCIC) check for new household members aged 12 and older;
3. Juvenile delinquency check for new household members aged 12 to 26;
4. Department of Corrections Offenders Search for new household members aged 18 and older;
5. Florida Department of Law Enforcement (FDLE) Florida Sexual Offenders and Predators Search & National registry check for new household members aged 18 and older;
6. Florida abuse/neglect history check on all new household members;
7. Out-of-state abuse/neglect records for new household members aged 18 and older who have resided in any other state during the past five years; and
8. A records check conducted by a Florida Clerk of Court or the Comprehensive Case Information System (CCIS), at a minimum in the location where the local criminal records check is conducted, for all new household members aged 12 and older.
(3) Child and parent or caregiver living out of Florida. The office of the Florida Interstate Compact on the Placement of Children shall ensure that the child welfare staff in the receiving state is notified of the Florida requirement for face-to-face contact a minimum of every 30 days with the child and the parent or legal guardian.
(6) All contacts and attempted contacts shall be documented in the case file within two (2) business days of the contact or attempted contact. The documentation shall provide evidence of the following:
(f) For children in an out-of-home placement:
1. Age 13 and older, documentation shall include comments from the child and caregiver concerning progress in learning identified life skills,
2. Frequency of visitation between the child, siblings and parents, any reason visitation is not occurring, and efforts to facilitate visits.
(8) While service intervention is in progress, the case manager shall gather information from the parent(s), children and other family members, providers, and other relevant persons to:
(9) A safety plan must be modified to provide the least intrusive safety actions when any of the following changes occur:
(d) There is any change in the required criteria for an in-home safety plan:
1. The parent’s willingness to cooperate with safety service providers.
2. The family conditions or behaviors associated with a calm and consistent home environment.
3. The availability of safety service provider(s).
4. Results of a professional evaluation are necessary or have been received, which inform changes to the current safety plan.
5. The parents have a home location which is adequate for implementation of an in-home safety plan.
(12) Determination of Citizenship and Required Actions for Children Who Are Not U.S. Citizens.
(a) For each child adjudicated dependent due to abuse, neglect or abandonment, the case manager shall determine whether the child is a U.S. citizen.
1. If the child is not a U.S. citizen, the case manager shall determine whether the permanency plan for the child will include remaining in the United States or whether there is an option for a safe reunification with the parent or legal guardian located in another country. This includes a consideration of whether the parents or legal guardian can successfully complete a case plan.
2. If the permanency plan will include the child remaining in the United States, and the child is in need of documentation to effectuate this plan, the case manager shall refer the case to an authorized legal services immigration provider for a determination as to whether the child “may be eligible” for special immigrant juvenile (SIJ) status [see 8 C.F.R. §204.11(a)] or other immigration relief.
3. Within 60 days of an order finding that the child is eligible for SIJ status, the case manager shall assure that contracted or pro bono legal services have sufficient documentation to file a petition for SIJ status and the application for adjustment of status to the appropriate federal authorities on behalf of the child.
a. The case manager shall give the legal services provider proof of the child’s age. This proof may include a passport or some other official foreign identity document issued by a foreign government. Any foreign document must be translated into English. If such a document is not available, the case manager must discuss with either the legal services provider or CLS the possibility of obtaining a court Order with specific findings regarding the child’s age.
b. If a child has also been adjudicated delinquent, the case manager shall obtain all DJJ records and give them to the legal service provider to submit with the federal application for SIJ status. These records must be certified copies of the records of disposition.
(b) Requirement to Inform the Court.
1. During the first judicial review regarding the case, the Department, CBC or contracted service provider shall report to the court whether the child is a U.S. citizen.
2. If the child is not a U.S. citizen, the Department, CBC or contracted service provider shall inform the court of the steps that have been taken to address the child’s citizenship or residency status.
3. The information shall be provided to the court through a Judicial Review Social Study Report or testimony of the case manager, or it may be provided through both means.
4. The child shall be referred to an authorized immigration legal service provider as soon as it is clear that there may be an issue regarding the child’s immigration status.
Rulemaking Authority 39.012, 39.0121(13), 39.5075(8) FS. Law Implemented 39.0138, 39.5075, 39.6011, 39.6012 FS. History–New 5-4-06, Amended 2-25-16, 4-17-16, 8-22-16, 9-21-20, 11-25-24.