Background Screening Requirements for all Levels of Licensure, Parent Preparation Pre-service and Inservice Training for all Levels of Licensure, Foster Home Initial Licensing Requirements for all Levels of Licensure, Summary, Recommendations, and ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-45.001Background Screening Requirements for all Levels of Licensure

65C-45.002Parent Preparation Pre-service and Inservice Training for all Levels of Licensure

65C-45.003Foster Home Initial Licensing Requirements for all Levels of Licensure

65C-45.004Summary, Recommendations, and Process for Submission of Initial Licensure

65C-45.005Level I-Waivable Requirements

65C-45.009Changes During the Licensed Year for all Levels of Licensure

65C-45.010Standards for all Licensed Out-of-Home Caregivers

65C-45.012Relicensing requirements for all Levels of Licensure

65C-45.013Conflict of Interest for all Levels of Licensure

65C-45.014Terms of a License for all Levels of Licensure

65C-45.015Over-Capacity Assessments and Exceptions for all Levels of Licensure

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 153, August 7, 2019 issue of the Florida Administrative Register.

65C-45.001 Background Screening Requirements for all Levels of Licensure

(1) No change.

(2) These screenings shall include:

(a) through (d) No change.

(e) Abuse and neglect records check through the Department’s Florida Safe Families Network (FSFN) which shall be documented on the “Central Abuse Hotline Record Search” form, CF 1651, Nov 2008, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX;

1. through 2. No change.

3. The Department’s Regional Family Safety Office shall review the following reports to determine whether a license shall be issued:

a. When the applicant or any other household member was named in any capacity in three (3) or more reports   within a five (5) year period, regardless of classification; or and

b. No change.

4. through 5. No change.

(f) No change.

(3) No change.

(4) Each applicant and adult household member being screened shall sign an “Affidavit of Good Moral Character,” CF 1649, Nov 2018 January 2015, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, and a “Release of Information,” CF-FSP 5090, February 2013, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX.

(5) No change.

(6) The following screenings shall be completed for household members 12-17 years of age:

(a) Juvenile records check through the Florida Department of Juvenile Justice or Florida Department of Law Enforcement (FDLE) Shield; and

(b) Federal criminal records check through the Federal Bureau of Investigation are not required for household members 12-17 years of age. 

(c) Abuse and neglect records check through the FSFN.

1. Only abuse and neglect reports in which the household member was named responsible for the abuse or neglect shall be considered used for initial licensing recommendations by the CBC or contracted provider.

2. through 5. No change.

(7) When the individual who is being screened is a former dependent child under 23 years of age and the security background screening reveals a disqualifying offense which was committed during or prior to the time that the child was dependent, that offense shall not automatically affect the licensure of the out-of-home caregivers. Exemptions for disqualifying offenses under section 435.07, F.S., may be sought.

(8) through (10) are renumbered (7) through (9) No change.

 

65C-45.002 Parent Preparation Pre-service and Inservice Training for all Levels of Licensure

(1) No change.

(2) Applicants who have previously completed a Department-approved pre-service training curriculum in the past five (5) years, and who can provide proof of completion, shall not be required to complete pre-service training except portions of the training curriculum that have been updated since their previous completion. Applicants who completed pre-service training in another state shall be exempt from pre-service training if the curriculum meets the content requirements established in section 409.175(14)(b), F.S., for pre-service training offered in Florida. Supervising agencies shall submit a copy of the curriculum to the Office of Child Welfare for review and approval if the previously completed training is not an approved curriculum in Florida. The Office of Child Welfare shall approve training curriculum that meets the required hours and content requirements specified in section 409.175(14)(b)1.-7., F.S.

(3) through (4) No change.

(5) Each parent preparation pre-service training class shall be led by a child protection professional certified pursuant to section 402.40, F.S., who has a bachelor’s degree or a master’s degree from an accredited college or university, and who has successfully met any curriculum-specific requirements to train the Department-approved parent preparation pre-service training curriculum. An online training approved by the Department may also be provided. The Department shall review all parent preparation pre-service training curriculum to ensure that it meets the required hours and content requirements specified in section 409.175(14)(b)1.-7., F.S. If the required hours and content requirements are met, the Department shall approve the curriculum. Each parent preparation pre-service training class shall follow the recommendations of the curriculum designer regarding the number and type of facilitators involved in the training process. If the child-placing agency is the designer of the curriculum, the number and types of facilitators to be involved in the training process must be clearly defined.

(6) through (10) No change.

(11) Preservice training curriculum(s) must be reviewed every seven (7) years by the Office of Child Welfare.

 

65C-45.003 Foster Home Initial Licensing Requirements for all Levels of Licensure

(1) General.

(a) through (c) No change.

(d) If an emergency/planned placement home study was been denied due to a caregiver or current household member having a criminal history disqualifier pursuant to 39.0138 F.S, the child welfare professional is not required to complete a level I licensure.

(2) No change.

(3) Initial Licensing Unified Home Study. A staff person, certified pursuant to section 402.40, F.S., from the supervising agency shall perform a thorough assessment of each prospective licensed out-of-home caregiver and document this assessment in the Unified Home Study section of Florida Safe Families Network (FSFN). The assessment shall include:

(a) through (e) No change.

(f) Assessment and Unified Home Study details, including the following:

1. through 3. No change.

4. How the caregiver(s) is (are) willing and able to make a loving commitment to the child(ren)’s safety and well-being by:

a. through e. No change.

f. Providing transportation to child care, extracurricular activities, and school (if requested by the community-based care lead agency. This request shall not be made to circumvent the requirements of the Every Student Succeeds Act (ESSA), 20 U.S.C. ss. 6301 et seq. (2018), incorporated by reference and https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX 129 Stat. 1802 (2015); and

g. No change.

5.through 15. No change.

(g) through (k) No change.

(l) Home and Neighborhood:

1. through 3. No change.

4. A completed “Foster Home Inspection Checklist,” CF-FSP 5397, (insert date) October 2017, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX.

(4) All assessments, provider contacts, and documentation regarding individuals requesting licensure and the licensure process shall be documented in FSFN within 48 business hours of completion.

 

65C-45.004  Summary, Recommendations, and Process for Submission of Initial Licensure

Form CF-FSP 5397, incorporated in 65C-45.004, will be changed to (1) clarify and inform licensed out-of-home caregivers of the Department of Health standard, and (2) permit private well-routine testing to be conducted by the licensing specialist using an at home water testing kit.

 

65C-45.005  Level I Waivable Requirements

(1) Initial Licensure.

(a) through (b) No change.

(c) The waiving of items not related to safety must be approved in writing by the Regional Managing Director or Department designee. In determining whether to approve or deny a request for waiver, the Regional Managing Director or Department designee shall consider the strengths of the caregiver and the needs of the child with respect to the particular requirement.

(d) The community-based care agency (CBC) or contracted provider shall make efforts to assist a caregiver with meeting the waivable requirements.

(e)(d) Waivable Non-Safety Related Rrequirements.

1. A licensing specialist who has been trained by the Department, community-based care agency (CBC), or other state entity, such as the local health department, in the areas of water supply, food holding temperature, plumbing, pest control, sewage, and garbage disposal, shall complete the “Foster Home Inspection Checklist,” incorporated by reference in Rule 65C-45.003, F.A.C.;

2. through 3. No change.

4. Child care. Child care for children in licensed out-of-home care shall be in a licensed early education or child care program chosen by the caregiver(s). These providers must be participating in the school readiness program through the local early learning coalition. Examples of licensed early education or child care programs include:

a. through d. No change.

e. The cost of child care shall be assumed by the licensed out-of-home caregiver to the extent that subsidized child care is unavailable.

5. through 20. No change.

(2) No change.

 

65C-45.009 Changes During the Licensed Year for all Levels of Licensure

(1) No change.

(2) When a licensed out-of-home caregiver makes a formal request to be placed on hold, no new children shall be placed in the home. Licensed out-of-home caregivers shall submit a written request to include the date at which they would like to accept children in their home.

(3)(2) Household Circumstance Changes. In addition, the caregiver shall report to the community-based care lead agency within one (1) business day:

(a) A change in marital or relationship status, including reconciliation or separation;

1. When a licensed out-of-home caregiver marries, moves in with, or reconciles with an unlicensed spouse or partner, the unlicensed spouse or partner shall submit fingerprints for background screening prior to moving into the residence, unless previously completed.

a. The unlicensed spouse or partner shall also attend parent preparation pre-service training if not previously completed within the last five (5) years and meet all licensing requirements. The unlicensed spouse or partner shall have three (3) six (6) months from the date of marriage, moving in together, or reconciliation to complete pre-service training. If a determination has been made and documented in FSFN as to the unavailability of a pre-service training class, the unlicensed spouse or partner shall complete pre-service training within six (6) months.

b. through c. No change.

2. No change.

(b) through (g) No change.

(4)(3) No change.

(5)(4) All new household members age 18 and older shall be fingerprinted within two (2) five (5) business days of residence, and those fingerprints shall be submitted to the Florida Department of Law Enforcement within five (5) business days of the receipt of the fingerprints by the supervising agency. All household members shall meet the requirements for background screening.

(6) through (7) are renumbered (7) through (8) No change.

 

65C-45.010 Standards for all Licensed Out-of-Home Caregivers

(1) No change.

(2) Physical Environment.

(a) through (d) No change.

(e) Interior Environment.

1. through 5. No change.

6. Each family foster home shall have a working telephone in the home that is accessible at all times. Emergency telephone numbers shall be displayed prominently in the home. Licensed out-of-home caregivers shall notify the supervising agency within one (1) business day if their telephone number changes.

7. through 11. are renumbered 6.through 10. No change.

(f) Sleeping Arrangements and Personal Space.

1. No change.

 

2. An adult shall be within sight and/or sound of accessible to the rooms where children under six (6) years of age are sleeping.

3. An adult shall have a means of access to all rooms of the house.  Each child shall be provided with a clean, permanent bed and mattress of his or her own. The bed shall be of sufficient size to accommodate the child.

4. Infants shall have their own crib which shall be maintained in good and safe condition and have a clean mattress that fits snugly in the crib frame. Cribs shall not have drop sides or be placed close to windows with curtains or cords in which the child might become entangled.

5. through 6. are renumbered 4. through 5. No change.

(g) No change.

(h) Fire Safety.

1. No change.

2. The home shall be safe from fire hazards. All combustible items shall be stored away from sources of heat. Exits, stairways and hallways shall be free of obstacles that would hamper an emergency evacuation. The home shall have at least two exits. All doors leading to the outside with locks shall be capable of being opened from the inside and outside.

3. through 7. No change.

(i) No change.

(j) Disaster Plans.

1. Each licensed out-of-home caregiver shall have a current written plan for evacuation in the event of a natural or man-made disaster.

2. The plan shall include where the family intends to go and information as to how the family may be reached and must be shared with the supervising agency.

(3) No change.

(4) Discipline.

(a) through (e) No change.

(f) Licensed out-of-home caregivers shall not engage in harassment, make disparaging comments, or permit harassment or bullying of children by other youth.

(f) through (j) are redesignated (g) through (k) No change.

(5) through (7) No change.

(8) When an out-of-home caregiver has a dispute or conflict with the Department or feels there has been a violation of their rights pursuant to section 39.4087, F.S., CBC or their sub-contracted providers, they may request in writing a formal meeting to address and resolve concerns.

(9) When the dispute is with the CBC or a subcontracted provider, the meeting must include at minimum:

(a) The case manager and their supervisor;

(b) A representative from the lead CBC agency

(10) When the dispute is with an employee of the Department, the meeting must include:

(a) The Department employee and a supervisory representative.

(11) Documentation of the dispute or concerns addressed, discussion to resolve the concerns and the meeting attendees must be uploaded into the FSFN provider file cabinet.

(12) All assessments, provider contacts, and documentation regarding individuals requesting licensure and the licensure process shall be documented in FSFN within 48 business hours of completion.

 

65C-45.012 Relicensing requirements for all Levels of Licensure

(1) Requirements.

(a) through (d) No change.

(e) The supervising agency responsible for completing the relicensing home study shall obtain and review information about the home from the “Case Manager/Case Worker Review of Foster Parent,” CF-FSP 5223, February 2015, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, and the “Quality of Licensed Caregiver’s Home – Community Input,” CF-FSP 5225, (insert date) March 2007, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX. The “Case Manager/Case Worker Review of Foster Parent” and at least one “Quality of Licensed Caregiver’s Home – Community Input” shall be completed for every child who has been placed for a minimum of 30 calendar days. The supervising agency and case manager must staff and address in the Florida Safe Families Network (FSFN) any issues raised by the case manager in the relicensing home study.

(f) through (h) No change.

(2) through (4) No change.

(5) Three-Year License. A family foster home shall not be issued a 3-year license unless the following criteria are met:

(a) No change

(b) The family has not been the subject of a report of child abuse or neglect with verified findings of maltreatment or a foster care referral leading to a performance improvement plan/corrective action plan.

(c) No change.

(6) No change.

(7) All assessments, provider contacts, and documentation regarding individuals requesting licensure and the licensure process shall be documented in FSFN within 48 business hours of completion.

A space for the child’s name will be added to form CF-FSP 5225, incorporated in 65C-45.012.

 

65C-45.013 Conflict of Interest for all Level of Licensure

(1) No change.

(2) All initial, relicensing, and ongoing maintenance of the licensed foster home activities shall be The licensing study is completed by a licensed child-placing agency outside of the employee’s service area and submitted to the Regional Licensing Authority for approval.

(3) through (4) No change.

 

65C-45.014 Terms of a License for all Levels of Licensure

(1) through (6) No change.

(7) License Modifications.

(a) through (c) No change.

(d) An extended license issued pursuant to 409.175(7) F.S., shall not be issued if there is a failure to comply with background screening requirements.

(8) No change.

 

65C-45.015 Over-Capacity Assessments and Exceptions for all Levels of Licensure

(1) No change.

(2) Approval of Over-Capacity Assessments for Over Five (5) Children or More than Two (2) Infants.

(a) No change.

(b) The assessment of each child in the home and of the child being placed in the home shall be completed by the placement staff.

1. The assessment shall include:

a. through g. No change.

h. The duration of the waiver; the initial assessment approval shall not exceed 30 days. Subsequent approvals for the same child or children may be approved for 90-day extensions personally and in writing by the Regional Managing Director or their designee to include CBC executive leadership.

2. No change.

(3) Over-Capacity Exception and Age Differential Approvals.

(a) Written approval of the exception shall be obtained prior to placement when the licensed capacity and recommended ages of children are exceeded. The exception shall be approved by the supervisor in writing or via electronic method and shall be approved personally and in writing the next business day by Regional Managing Director or their designee to include CBC executive leadership.

(b) through (d) No change.