65C-14.023. Personnel and Staffing Requirements  


Effective on Thursday, October 20, 2016
  • 1(1) All personnel 4employed in a caregiver role shall receive parent preparation training in accordance with Section 18409.145(2)(e), F.S., 20prior to unsupervised contact with children.

    26(2) Staff who are employed to work directly with children shall be at least 18 years of age.

    44(3) The facility shall have a personnel file for each employee which shall include the following:

    60(a) The application for employment, including a two-year employment history check, if applicable;

    73(b) A signed “Affidavit of Good Moral Character,” 82CF 1649, January 2015, incorporated by reference and available at 92http://www.flrules.org/Gateway/reference.asp?No=Ref-07448;

    94(c) A minimum of three (3) character reference letters or reference checks from unrelated individuals 109who have known the applicant for at least two (2) years, 120verifying that the employee is of good moral character and is suitable to work with children;

    136(d) Verification of 139background screening, including:

    1421. Fingerprinting,

    1442. Statewide criminal records checks through the Florida Department of Law Enforcement,

    1563. Juvenile records checks through the Florida Department of Juvenile Justice for personnel ages 12 to 18, to include children of child-caring agency staff who reside in the facility,

    1854. Federal criminal records checks through the Federal Bureau of Investigation,

    1965. Local criminal record checks through local law enforcement agencies, including records of any responses to the home by law enforcement that did not result in criminal charges,

    2246. Abuse and neglect records checks through the Department’s Florida Safe Families Network (FSFN); and,

    2397. Civil court records checks regarding domestic violence complaints and orders of protection,

    2528. If the applicant or any other adult household member residing in the facility has resided in any other state during the past five (5) years, requests for abuse and neglect histories and civil court records regarding domestic violence complaints and orders of protection must be made of those states, and the results of such requests included with the personnel file.

    313(e) A signed “Partnership Plan for Children in Out-of-Home Care,” CF-FSP 5226, January 2015, incorporated by reference and available at 334http://www.flrules.org/Gateway/reference.asp?No=Ref-07451, 336for staff employed in a caregiver role.

    343(f) Employee’s start and termination dates and reason for termination;

    353(g) Annual performance evaluations and any disciplinary actions taken;

    362(h) Training record and conferences attended.

    368(4) The 370child-caring agency 372shall have written procedures which safeguard the confidentiality of the personnel records.

    384(5) The 386child-caring agency 388shall maintain the personnel file of an employee who leaves the facility 400for a period of five (5) years.

    407(6) The child-caring agency shall have staff coverage at all times to provide for the services identified in the agency’s statement of purpose.

    430(7) The child-caring agency shall develop and follow a written staff to child ratio formula. The formula shall be appropriate to the agency’s purpose and to the types, ages, and functioning levels of the children in care. The staff to child ratio shall assure the children’s safety, protection and privacy, as well as physical, hygienic, emotional and developmental needs. The staff to child ratio shall be at least:

    498(a) One direct care staff member or trained volunteer to six (6) children, when children six (6) years of age or older are awake and one (1) to 12 when children are sleeping, or

    532(b) Children under the age of six (6) shall be supervised by a staffing ratio of one (1) to four (4) when children are awake and one (1) to six (6) when children are sleeping.

    567(8) For group homes that house parenting young adults, the child of the young adult shall be counted in the staff to child ratio if the child is in the custody of the Department. The child of the young adult shall not be counted in the staff to child ratio if the child is in the custody of the young adult.

    628(9) The child-caring agency shall designate a staff member on the premises when children are present in the home or expected to be present, and when children are or will be in need of supervision.

    663(10) The child-caring agency shall have and follow a written plan to provide additional emergency staff when only one (1) staff member is on duty.

    688(11) The child-caring agency shall designate one (1) onsite staff member as the caregiver. This person shall be trained on how to 710apply the reasonable and prudent parent standard, in accordance with Section 721409.145(3), F.S., 723in the same manner as prospective foster parents.

    731(12) The child-caring agency shall count any children living with staff families in the child to staff ratio.

    749(13) The child-caring agency shall provide supervision to each staff member working with children and parents.

    765(14) Volunteers.

    767(a) A child-caring agency which utilizes volunteers to work directly with children shall:

    7801. Develop a description of duties and specific responsibilities; and,

    7902. Develop a plan for the orientation and training in the philosophy of the child-caring agency, the needs of the children in care, and the needs of their families.

    819(b) Volunteers who perform the same or substantially similar services for children as a paid employee shall have the same qualifications and training as the paid employee for the position and shall receive the same supervision and evaluation as the paid employee.

    861(c) Records shall be kept which document the hours and activities of volunteers.

    874(d) Volunteers that have unsupervised contact with children will be required to meet the background screening requirements of Section 893409.175, F.S., 895in the same manner as employees of the child-caring agency.

    905(e) Volunteers who have supervised contact with children for more than 10 hours per month will be required to meet the background screening requirements of Section 931409.175, F.S., 933in the same manner as employees of the child-caring agency.

    943(15) Residential child-caring agency personnel shall have the following qualifications:

    953(a) Executive directors hired after July 1, 1987, shall have a bachelor’s degree from an accredited college or university and at least three (3) years of experience in management or supervision.

    984(b) Program directors, or staff serving a similar function, who are responsible for supervising, evaluating and monitoring the delivery of services within the child caring agency and for supervising supervisors of direct care staff shall have a master’s degree in social work or in a related area in Section 402.402(1)(b), F.S., of study from an accredited college or university and at least two (2) years of experience in social services, or a bachelor’s degree from a college or university and four (4) years of experience working with children.

    1072(c) Staff responsible for the supervision, evaluation and monitoring of the direct care staff shall have a bachelor’s degree in social work, or in a related area of study from an accredited college or university, and at least two (2) years of experience working with children or two (2) years of college and four (4) years of experience working with children.

    1133(d) Staff who provide therapy to children and their families shall meet the qualifications as required in the “Agency for Health Care Administration, Community Behavioral Health Services Coverage and Limitations Handbook,” March 2014, incorporated by reference and available at 1173http://www.flrules.org/Gateway/reference.asp?No=Ref-074551175.

    1176(16) The child-caring agency shall have a written plan for the orientation, ongoing training, and professional development of all staff members.

    1197(17) The child-caring agency shall provide initial orientation for all new employees during the first two (2) weeks of their employment. This orientation shall include job responsibilities, agency administrative procedures, and supervision of residents.

    1231(18) The child-caring agency shall ensure that staff members working directly with children receive at least 40 hours of training activities during each full year of employment. Activities related to supervision of the staff member’s routine tasks shall not be considered training activities for the purposes of this requirement.

    1280(a) The child-caring agency shall document that training received by direct child care staff in the first full year of employment includes the following areas:

    13051. Administrative procedures and overall program goals,

    13122. Emergency and safety procedures,

    13173. The screening, supervision and use of volunteers; and,

    13264. Sexual orientation, gender identity, and gender expression.

    1334(b) The child-caring agency shall document that training received by direct child care staff annually includes the following areas:

    13531. Understanding of children’s emotional needs and problems which affect and inhibit their growth,

    13672. Family relationships and the impact of separation,

    13753. Substance abuse: recognition and prevention,

    13814. Identification of and reporting responsibilities in regard to child abuse and neglect,

    13945. Principles and practices of child care,

    14016. Behavior management techniques, including crisis management and passive physical restraint; and,

    14137. Trauma-informed care, including recognizing the signs, symptoms, and triggers of trauma; and for maternity homes, the impact of trauma on the parent-child relationship.

    1437(19) The child-caring agency shall have written personnel policies and practices conducive to the recruitment, retention, and effective performance of qualified personnel. These policies and practices shall include the following:

    1467(a) Written job descriptions and titles for each position defining the qualifications, duties, and lines of authority;

    1484(b) Provisions which will encourage professional growth through supervision, orientation, in-service training, and staff development;

    1499(c) Provisions for inexperienced direct care staff members to accompany experienced staff until new staff members are able to perform their job functions independently;

    1523(d) Procedures for annual evaluation of the work and performance of each staff member, which include provisions for employee participation in the evaluation process;

    1547(e) A description of the termination procedures established for resignation, retention, or discharge;

    1560(f) A grievance procedure for employees and a plan for review of the personnel policies and practices with staff participation no less than once every three (3) years, and for revision when necessary.

    1593Rulemaking 1594Authority 1595409.145(5), 1596409.175(5)(a), 1597435.01 1598FS. Law Implemented 1601409.145(2)(e), 1602409.175(5)(a)1., 16034., 5., 7., 9., 1607435.05 1608FS. History–New 7-1-87, Formerly 10M-9.033, Amended 10-20-16.

     

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