65C-46.011. Personnel and Staffing Requirements

(1) Personnel Policy.

(a) 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:

1. Written job descriptions and titles for each position defining the qualifications, duties, lines of authority, and distinguishing position type as “direct care” or “non-direct care” in alignment with definitions in Rule 65C-46.001, F.A.C.;

2. Provisions which will encourage professional growth through supervision, orientation, in-service training prior to unsupervised contact, and staff development;

3. Provisions for newly hired direct care staff members to accompany trained staff until new staff members complete pre-service training requirements;

4. Procedures for annual evaluation of the work and performance of each staff member, which include provisions for employee participation in the evaluation process;

5. A description of the termination procedures established for resignation or discharge;

6. 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.

7. Procedures for the background screening, supervision, and use of volunteers.

8. Procedures for when staff are named in an active child abuse and neglect investigation with the Department or when staff have a confirmed report for abuse or neglect with the Department.

(2) Personnel File. The child-caring agency shall have a personnel file for each employee which shall include the following:

(a) Identification confirming staff employed to work directly with children are at least 18 years of age;

(b) The application for employment;

(c) A two-year employment history check prior to hire;

(d) A minimum of two (2) character reference letters or reference checks from individuals unrelated to the applicant verifying that the applicant is of good moral character and is suitable to work with children, and for executive directors, the individual’s work performance does not affect their ability to perform in an executive role;

(e) Verification of background screening completion prior to hire;

(f) A signed “Affidavit of Good Moral Character,” CF 1649, Jan 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13076;

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

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

(i) Annual performance evaluations and any disciplinary actions taken;

(j) Training record and conferences attended;

(k) Signed acknowledgement of child abuse and neglect laws, reporting requirements, and confidentiality;

(l) Copy of any physical restraint certification(s) or training(s) completed, if applicable;

(m) Signed acknowledgement of review of discipline policies; and

(n) Copy of certification for completion of cardiopulmonary resuscitation (CPR) training.

(3) Personnel File Retention.

(a) The child-caring agency shall have written procedures which safeguard the confidentiality of the personnel records.

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

(4) Background Screenings.

(a) Direct and non-direct care staff must obtain the following background screenings when being considered for employment and for continued employment:

1. National criminal records check from the FBI through fingerprinting every five (5) years;

2. Statewide criminal records check from the FDLE through fingerprinting every five (5) years;

3. Juvenile records check through fingerprinting every five (5) years, as applicable;

4. Local criminal record checks through local law enforcement agencies every five (5) years;

5. Florida abuse and neglect records checks through the Department’s child abuse registry every 12 months;

6. National sex offender and predator check through the Dru Sjodin National Sex Offender Public Website every 12 months;

7. Civil court records checks regarding domestic violence complaints and orders of protection every 12 months; and

8. If the applicant has resided in any other state during the past five (5) years, requests for abuse and neglect histories must be made of those states, and the results of such requests included with the personnel file.

(b) Juvenile records checks through the Florida Department of Juvenile Justice for ages 12 to 17 of children of child-caring agency staff who reside in the group home.

(c) Any other adult household member residing in the group home will be required to meet the background screening requirements in the same manner as staff of the child-caring agency.

(d) The regional licensing team shall obtain records of any responses to the child-caring agency by law enforcement, every 12 months.

(5) If the abuse and neglect record check request indicates the employee or prospective employee has an active or closed report, the child-caring agency shall request of the employee to obtain a copy of their report. The child-caring agency is responsible for reviewing the report and discussing any verified findings for abuse and neglect, or not substantiated for sexual abuse, with the prospective employee or those seeking continued employment.

(6) Any employee or prospective employee with a verified report for sexual abuse is not permitted to work in the child-caring agency. Any employee or prospective employee with a verified report for abuse and neglect other than sexual abuse, and when an employee is named caregiver responsible in a report not substantiated for sexual abuse, shall be reviewed by the Department to determine safety concerns for the employee being considered for hire or continued employment.

(7) The Department shall drug test a staff member if there are allegations or indications that he or she is using illegal substances.

(8) Qualifications.

(a) Child-caring agency personnel shall have the following qualifications:

1. 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.

2. 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 bachelor’s degree in social work or in a related area of study specified in Section 402.402(1)(b), F.S., from a college or university and four (4) years of experience working with children; or master’s degree from an accredited college or university and at least two (2) years of experience in social services.

3. Staff responsible for the supervision, evaluation, or 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 three (3) years of experience working with children; or at least five (5) years of experience working in child welfare without a post-secondary degree.

4. 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-13094.

(b) A child-caring agency shall not hire any individual who does not meet the criteria set forth in subparagraphs (8)(a)2. and 3. above, without the approval of the Department’s Regional Managing Director or designee. The Regional Managing Director or designee shall grant approval if the individual has relevant education, training, and experience in social services to substitute for the requirements set forth in subparagraphs (8)(a)2. and 3., above. The child-caring agency shall provide at least the following information in support of such approval:

1. Documentation of any post-secondary education completed by the person listing the person’s completed coursework, i.e. copy of official or unofficial transcript; and

2. Documentation of the individual’s relevant experience in social services, or coursework, or training in social services.

(c) No person who has served as a board member, executive director, or other officer of an agency that has failed to secure a license to operate as a child-caring agency or continued in operation after the revocation or suspension of the agency’s license shall be employed by or associated with a licensed child-caring agency for a period of two (2) years’ after termination or cessation of that illegal operation.

(9) Training.

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

(b) The child-caring agency shall provide an initial orientation for all new employees during the first two (2) weeks of their employment. This orientation shall include job responsibilities, agency administrative procedures, confidentiality, Health Insurance Portability and Accountabilty Act (HIPAA), program goals, agency purpose and objectives, resources and services, identification of and reporting responsibilities in regard to child abuse and neglect, and supervision of residents.

(c) All direct care staff shall receive a minimum of 21 hours of caregiver preparation training prior to unsupervised contact with children. Topics shall include, but are not limited to:

1. Emergency and safety procedures;

2. Medication administration, including psychtropic medication as outlined in Rule 65C-35.014, F.A.C;

3. Communicable diseases;

4. Pool and water safety;

5. Reasonable and prudent parenting and normalcy for youth placed in a child-caring agency;

6. Sexual orientation, gender identity, and gender expression;

7. Role of staff as a team member in the development of service and or treatment plans, as applicable;

8. Transition, separation and loss, and attachment of youth in foster care;

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

10. 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;

11. Sexual abuse and interventions;

12. Human trafficking awareness;

13. The care of children at various developmental levels;

14. Multiethnic Placement Act (MEPA) and Americans with Disabilities Act (ADA);

15. Prevention of placement disruptions;

16. Adverse Childhood Experiences (ACE) and the impact of trauma and resilency; and

17. Restorative practices to strengthen and respond to conflict.

(d) The child-caring agency shall ensure that direct care staff 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. Topics shall include, but are not limited to:

1. Understanding of children’s emotional needs and problems which affect and inhibit their growth;

2. Family relationships and the impact of separation;

3. Substance abuse: recognition and prevention;

4. The care of children at various developmental levels;

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

6. 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; and

7. Preserving cultural connections in children.

(e) The child-caring agency shall submit training curriculums to the regional licensing team for approval. Training curriculums will be approved if they meet the conditions set forth in paragraphs (9)(b)-(d), above.

(10) Volunteers.

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

1. Develop a description of duties and specific responsibilities; and

2. 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.

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

(c) 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.

(d) Volunteers that have unsupervised contact with children will be required to meet the background screening requirements outlined in the same manner as direct care staff.

(e) Volunteers who have supervised contact with children for more than 10 hours per month will be required to meet the background screening requirements in the same manner as direct care staff.

(11) Staff Ratio.

(a) The child-caring agency shall develop policies and procedures for the supervision of children.

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

(c) 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:

1. 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

2. 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.

3. 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.

4. 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.

5. 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.

6. The child-caring agency shall count any children living with staff families in the child to staff ratio.

7. The child-caring agency shall provide supervision to each staff member working with children and parents.

(12) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 409.145(4), 409.175(5), 435.01 FS. Law Implemented 409.175(5)(b)1., 4., 5., 7., 9., 435.05 FS. History–New 7-1-87, Formerly 10M-9.033, Amended 10-20-16, 5-26-21, Formerly 64C-14.023, Amended 10-24-21.