65C-46.020. Standards for Safe Houses

(1) The child-caring agency providing services for commercially sexually exploited children (CSEC) must meet the licensing requirements set forth Rules 65C-46.001 through 65C-46.014, F.A.C., in addition to the program requirements outlined in this rule.

(2) The child-caring agency shall submit the following documentation to the Department’s Licensing Authority for certification as a Safe House:

(a) “Application for Certification as a Safe Foster Home or Safe House,” CF-FSP 5403, February 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13067;

(b) Facility’s security plan;

(c) Documentation of client services provided;

(d) Copy of supervision policies and procedures;

(e) Documentation of specialized training hours completed for all staff; and

(f) Documentation of compliance with the requirements applicable to safe houses set forth in Sections 409.1678(2)(c)-(d), F.S.

(3) The child-caring agency shall ensure all direct care staff complete pre-service training requirements in paragraph 65C-46.011(9)(c), F.A.C., and an additional 24-hours of specialized training in commercial sexual exploitation prior to unsupervised contact with youth. Specialized training requirements are outlined in subsection 65C-43.004(4), F.A.C. Staff must complete eight hours of continuing education annually focused on human trafficking.

(4) Appropriate Security. Individuals identified for the purpose of detecting human trafficking activity and part of the emergency response to search for missing children as outlined in s. 409.1678(2)(c), F.S., must meet the following criteria:

(a) Each child-caring agency shall have an employee, contracted individual, or law enforcement agency who is:

1.  On-site during the evening hours between 7PM to 7AM, seven days a week, which must be outlined in their policies and procedures; and

2. Available 24-hours a day, seven days a week for response to search for missing children.

(b) Background Screenings and Trainings.

1. Hired Security: Shall complete background screening requirements outlined in subsection 65C-46.011(4), F.A.C., a Department approved training on missing children and personal security, and training requirements outlined in subsection 65C-46.020(3), F.A.C.

2. Contracted Security: Child-caring agencies that contract with an individual must ensure the individual:

a.  Has two years of experience working in the field of law enforcement, military, or investigations, and 

b. Met Level II background screening requirements under s. 435, F.S., and

c. Has received missing children and human trafficking training from the child-caring agency or as part of their prior experience in 2.a.

3. Law Enforcement Agency: A child-caring agency that contracts or executes a memorandum of understanding with a law enforcement agency for security shall not require additional trainings and background screenings.

(c) The child-caring agency must ensure completion of trainings and background screening are maintained in the personnel file for hired and contracted individuals.

(5) Policies and Procedures.

(a) The child-caring agency shall develop policies and procedures for all services and security plans that meet minimum standards as set forth in Section 409.1678(2), F.S., including an emergency response plan with local law enforcement agencies.

(b) Changes made to any policies and procedures shall be submitted to the Department’s Licensing Authority within 10 business days of the proposed change. Changes shall be reviewed prior to implementation to ensure they meet minimum standards as set forth in Section 409.1678(2), F.S.

(6) Safe House Tiers. The child-caring agency shall indicate in its policy if they will serve as a Tier 1 or Tier 2 safe house, with Tier 1 being least restrictive and Tier 2 being more restrictive.

(7) Admission and Discharge.

(a) The admission plan shall identify any exclusionary criteria and outline the intake and discharge procedures. This shall include criteria for requests for change of placement and early or unsuccessful discharge.

(b) Current or historical trauma-related behaviors and coping mechanisms, such as the following, should not be used as a reason to deny a placement request or discharge a youth, unless it can be determined that such behavior will create an imminent risk to the safety or stability of other residents in the home:

1. Running away;

2. Non-violent delinquent offenses (with consideration of violent offenses on a case-by-case basis);

3. Recruitment or similar behaviors;

4. Violent behaviors that do not pose an imminent risk to others;

5. Mental health diagnoses that do not require a higher level of care; or

6. Occasional substance abuse, separate from deep end substance abuse which places the child in imminent danger and requires detox.

(c) The child-caring agency shall outline in their program policy responses to behaviors, as mentioned in paragraph (7)(b) of this rule, that support and develop the child’s healthy recovery and resilience.

(d) Prior to a discharge determination, the child-caring agency shall complete a re-evaluation of the child’s service plan and multidisciplinary team staffing with the case management agency and community-based care’s human trafficking liaison.

(8) Ratio.

(a) The facility shall have at least one bedroom for every two children or young adults.

(b) There shall always be at least one direct care staff member to every four children or young adults.

(c) The agency shall ensure 24-hour-a-day supervision of the children and young adults in its care.

(9) Client Services. The child-caring agency shall provide client services as outlined under Section 409.1678(2)(d), F.S.

Rulemaking Authority 409.1678(2)(c), (2)(e) FS. Law Implemented 409.1678 FS. History–New 1-12-16, Amended 10-24-19, Formerly 65C-43.003, Amended 5-26-21, Formerly 64C-14.119, Amended 7-27-22, 4-18-24.