The Department intends to amend Chapter 65C-14 to modify regulatory language and update forms to comport with current law, policies and procedures related to residential child caring agencies. These modifications further allow the Department to ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.: RULE TITLE:

65C-14.001: Definitions

65C-14.002: Licensed Child Caring Agencies

65C-14.003: Application and Licensing Study

65C-14.004: On Site Visits

65C-14.005: Grievance Procedure

65C-14.006: Administration and Organization

65C-14.007: Buildings, Grounds and Equipment

65C-14.008: Interior Accommodations

65C-14.009: Ventilation and Lighting

65C-14.010: General Sanitation and Safety

65C-14.011: Fire Regulations

65C-14.012: Transportation Safety

65C-14.013: Food and Nutrition

65C-14.014: Health Services

65C-14.015: Administration of Medication

65C-14.016: Incident Notification Procedures

65C-14.017: Child Abuse and Neglect

65C-14.018: Community Interaction

65C-14.019: Recreation, Leisure Activities and Work Experience

65C-14.020: Clothing and Personal Belongings

65C-14.021: Discipline, Control and Punishment

65C-14.022: Permanent Register

65C-14.023: Staff Qualifications

65C-14.024: Staffing Requirements

65C-14.025: Volunteers

65C-14.026: Organization

65C-14.027: Confidentiality Related to HIV Infected Children

65C-14.040: Admission and Planning

65C-14.041: Medical Information

65C-14.042: Orientation

65C-14.043: Child's Case Record

65C-14.044: Placement Agreement

65C-14.045: Program Services for Children in Care

65C-14.046: Continuing Service Plan and Review

65C-14.047: Educational and Vocational Services

65C-14.048: Release Planning and Aftercare

65C-14.049: Religious and Ethnic Heritage

65C-14.050: Interior Space

65C-14.051: Food Service

65C-14.052: Health Care

65C-14.053: Apparel and Allowance

65C-14.054: Personnel

65C-14.055: Job Functions and Staff Qualifications

65C-14.056: Staff Development

65C-14.060: Standards for Contracted Emergency Shelters

65C-14.061: Standards for Runaway Shelters

65C-14.072: Medical Information

65C-14.074: Counseling Services

65C-14.075: Education and Vocational Service

65C-14.078: Interior Furnishings and Space

65C-14.079: Staffing Requirements for Maternity Residences

65C-14.080: Food Service

65C-14.090: Exemptions

65C-14.096: Case Plan

65C-14.099: Aquatic Safety Procedures

65C-14.100: Fire and Weather Safety

65C-14.101: Sedentary Programs

65C-14.102: Mobile Programs

65C-14.104: Job Descriptions

65C-14.110: Specific Exemptions for Wilderness Camps

65C-14.111: Structural and Safety Requirements

65C-14.112: Clothing and Personal Needs

65C-14.113: Water Safety

65C-14.114: Admission, Education and Case Record Procedures

65C-14.115: Wilderness Camp Personnel Policies

65C-14.116: Administrative Actions, Appeals and Closures

PURPOSE AND EFFECT: The Department intends to amend Chapter 65C-14, F.A.C. to modify regulatory language and update forms to comport with current law, policies and procedures related to residential child caring agencies. These modifications further allow the Department to amend and repeal duplicative language in order to streamline regulatory activities within the residential child caring agency setting. Additionally, the Department intends to create a rule to establish procedures for administrative actions, appeals, and voluntary closures of residential child-caring agencies.

SUMMARY: Chapter 14, F.A.C., has been reorganized; numerous rules are repealed and the content of various rules has been combined, resulting in a more user-friendly rule chapter. Definitions are added; requirements regarding swimming pools are made consistent with current statute; procedures regarding critical incidents are updated to comport with current policies; a Partnership Plan is incorporated; placement of transgender youth is addressed; and procedures for administrative actions, appeals, and voluntary closures of agencies are established.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 409.175(5), 381.004(2) F.S.

LAW IMPLEMENTED: 409.175, 381.004 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-14.001 Definitions.

(1) “Agency” means any residential child caring agency.

(2) “Boarding school” means a school registered with the Department of Education as a school. Its program must follow established school schedules, with holiday breaks and summer recesses in accordance with other public and private school programs. The children in residence must customarily return to their family homes or legal guardians during school breaks and must not be in residence year round, except this provision shall not apply to foreign students. The parents of these children retain custody and financial responsibility.

(3) “Child” means any unmarried person under the age of 18 years.

(4) “Contracted Emergency Shelter” means a facility or agency that provides a place for the temporary care of a child who is alleged to be dependent pending court disposition before or after adjudication. A facility or agency may contract with the department to provide 24-hour continuous supervision or 24-hour awake supervision.

(5) “Department” means the Department of Children and Family Services unless otherwise specified.

(1)(6) “Facility” means the building and campus physical plant of a residential child-caring agency, as defined by Section 409.175(2), F.S. and is an abbreviation in the rules for a residential child caring agency.

(2) “Gender,” “sex,” or “gender identity” means a person’s internal identification or self-image

as male or female. Gender identity may or may not correspond to the gender assigned to a person at birth that is listed on the person’s birth certificate. The terms “male,” “female,” or “nonbinary” describe how a person identifies.

(3) “Gender expression” refers to the way a person expresses gender through appearance, dress, grooming habits, mannerisms and other characteristics.

(7) “Maternity residence” means a facility which provides continuing 24-hour care for adolescent girls under 18 years of age or adult women during pregnancy or after and which may also offer care for their infants.

(8) “Personnel” means all owners, operators, employees, and volunteers working in a child-placing agency, family foster home, or residential child-caring agency who may be employed by or do volunteer work for a person, corporation, or agency which holds a license as a child-placing agency or a residential child-caring agency, but the term does not include those who do not work on the premises where child care is furnished and either have no direct contact with a child or have no contact with a child outside of the presence of the child’s parent or guardian. For purposes of screening, the term shall include any member, over the age of 12 years, of the family of the owner or operator or any person other than a client, over the age of 12 years, residing with the owner or operator if the agency or family foster home is located in or adjacent to the home of the owner or operator or if the family member of, or person residing with, the owner or operator has any direct contact with the children. Members of the family of the owner or operator, or persons residing with the owner or operator, who are between the ages of 12 years and 18 years shall not be required to be fingerprinted, but shall be screened for delinquency records. For purposes of screening, the term “personnel” shall also include owners, operators, employees, and volunteers working in summer or recreation camps providing 24-hour care for children. A volunteer who assists on an intermittent basis for less than 40 hours per month shall not be included in the term “personnel” for the purposes of screening, provided that the volunteer is under direct and constant supervision by persons who meet the personnel requirements of this section.

(9) “Residential child-caring agency” means any person, corporation, or agency, public or private, other than the child’s parent or legal guardian, that provides staffed 24-hour care for children in facilities maintained for that purpose, regardless of whether operated for profit or whether a fee is charged. Such Rresidential child-caring agencies include, but are not limited to, maternity homes, runaway shelters, group homes which are administered by an agency, emergency shelters which are not in private residences and wilderness camps. Residential child-caring agencies do not include hospitals, boarding schools, summer or recreation camps, nursing homes, or facilities operated by a governmental agency for the training, treatment, or secure care of delinquent youth, or facilities licensed under Section 393.067 or 397.081, F.S.

(10) “Group Care” is staffed 24 hour residential care of children in programs that do not offer maternity services, emergency shelter and runaways services or provide services in a wilderness setting.

(11) “Runaway Shelter” means a facility that provides a program to work with children in crisis and provide early intervention services. Residential services are available 24 hours a day seven (7) days a week to troubled youth who have run away from home or who are at risk to runaway and are seeking assistance in solving individual or family problems.

(12) “Screening” means the act of assessing the background of personnel and includes, but is not limited to, employment history checks, checks of references, local criminal records checks through local law enforcement agencies, fingerprinting for all purposes and checks in this subsection, statewide criminal records checks through the Florida Department of Law Enforcement, federal criminal records checks through the Federal Bureau of Investigation, and abuse registry clearance.

(13) “Summer or Recreation Camps” means recreational, educational or other enrichment programs providing residential care to school age children during summer vacation.

(4)(14) “Service Plan” means the goal-oriented, time limited, individualized program of action for a child and the child’s his family developed by the child-placing agency facility in cooperation with the child-placing agency or the child’s family.

(5) “Sexual orientation” means a person’s emotional, romantic, or sexual attraction to members of the same gender, a different gender, or any gender, e.g., homosexuality, heterosexuality, or bisexuality.

(6) “Transgender” means having a gender identity that is different than the person’s gender assigned at birth.

(7) “Trauma-informed” means an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma.

(8) “Treatment Plan” means an individualized, structured, and goal-oriented schedule of services with measurable objectives. A treatment plan details the treatment to be provided and expected outcome, and expected duration of the treatment

(15) “Short-Term Wilderness Program” means a residential program of 60 days or less, emphasizing behavioral changes through rigorous fitness  and conditioning in a wilderness environment.

(16) “Wilderness Camp” means a residential child caring program which provides a variety of outdoor activities that take place in a wilderness environment.

(17) “Community Residential Home” means group homes licensed by Chapter 65C-14, F.A.C., that provide a living environment for one  to six or seven to 14 residents who operate as the functional equivalent of a family, including such supervision and care by support staff as may be necessary to meet the physical, emotional and social needs of the residents.

Rulemaking Authority 409.175(5)(4)(a) FS. Law Implemented 409.175(5)(4)(a), 419.001(1)(a) FS. History–New 7-1-87, Amended 9-19-90, Formerly 10M-9.003, Amended 11-30-97, _____.

 

65C-14.002 Licensed Child Caring Agencies.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Amended 8-3-88, Formerly 10M-9.004, Repealed_____.

 

65C-14.003 Application and Licensing Study.

(1) License application packets for a residential child-caring agency shall include:

(a) Application for a license shall be made on Tthe “License Application for Child-Caring Agencies”, CF-FSP 5412, August 2015, HRS-CYF Form 5135 June 86, which is hereby incorporated by reference and available at www.dcf.state.fl.us/dcfforms/, and provided by the department;.

(b) The “Community Residential Homes Determination of Need and Licensing Status” form,  CF 1785, October 2005, incorporated by reference and available at www.dcf.state.fl.us/dcfforms; and

(c) For aApplications for group homes to provide care for one to six or seven to 14 children shall include completion of the “Community Residential Homes Local Ordinance Certification”, CF HRS Form 1786 May 2015 March 90, which is hereby incorporated into this rule by reference reference and available at www.dcf.state.fl.us/dcfforms/. This application form certifies to the Ddepartment that the proposed group home meets the dispersion and notification requirements of Chapter 419, F.S.

(d) Need for Service. The child-caring agency shall provide a description of the geographic area the child-caring agency serves or intends to serve with the specific services it provides or proposes to provide. Applicants who apply for an initial license shall furnish evidence that the services will be used by referral sources or other documentation of the need for the services which shall be verified by the Ddepartment.

(2) All The application forms shall be signed by the person or persons exercising authority over the operation, policies and practices of the agency.

(2) The license shall be issued for a child caring facility, contracted emergency shelter, runaway center, short-term wilderness program, maternity residence, wilderness camp at a specific address and for operation by specific individuals or agencies. It shall automatically become invalid if the facility is operated at another or under different control. An new license shall be issued upon proper notification and evidence that the facility meets the standards of this Chapter. The license shall be valid for 1 year from the date of issuance unless suspended, revoked, or voluntarily returned. All licenses shall expire automatically 1 year from the date of issuance. The license shall be the property of the department.

(3) The facility shall conform to all applicable state and local building and zoning codes.

(4) The Regional Licensing Authority (the Department) shall conduct a review of the application packet, facility, and all required documentation to ensure compliance with all rules in Chapter 65C-14.,  F.A.C., prior to issuance of a license.

(5) A license is only valid for the facility located at the address documented on the license.

(4) The license must be conspicuously displayed at all times in the facility.

(5) Upon determination that the applicant meets the state and local licensing requirements, the department will issue a license to a specific facility, at a specific location. The license will be issued to the facility without charge

When a child caring facility ceases to care for children during the period for which the license is issued, the department must be notified and the license returned.

Rulemaking Authority 409.175(5)(4)(a), (b) FS. Law Implemented 409.175(6)(4)(a), (b), 419.001(1)(a) FS. History–New 7-1-87 Amended 9-19-90, 2-17-93, Formerly 10M-9.005. Amended_____.

 

65C-14.004 On Site Visits

Rulemaking Authority 409.175(5)(a) FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.008. Repealed___.

 

65C-14.005 Grievance Procedure.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.014. Repealed______.

 

65C-14.006 Administration and Organization.

(1) Administration.

(a) Statement of Purpose. The child-caring agency facility shall have a written mission statement of its philosophy, purpose and program. The statement shall contain a description of all the services the child-caring agency facility provides and the methods of service delivery. The statement shall be available to the Ddepartment, referral sources, and the public on request.

(b) Need for Service. The facility shall provide a description of the geographic area the facility serves or intends to serve with the specific services it provides or proposes to provide. Applicants who apply for an initial license shall furnish evidence that the services will be used by referral sources or other documentation of the need for the services which shall be verified by the department.

(2) Incorporation. Agencies incorporated outside of the State of Florida shall be authorized to do business under Florida law.

(3) Governing Body.

(a) Each incorporated child-caring agency facility shall have a governing body which exercises authority over and has responsibility for the operation, policies and practices of the agency.

(b) For profit organizations shall maintain advisory boards which review the operational policies and practices, inspect facilities and programs, conduct interviews with children and staff members, and review matters affecting the care of and services to children. Members of advisory boards shall not have a proprietary interest in the child-caring agency facility or program.

(4) The child-caring agency A facility having a governing body of more than one member shall maintain a list of the its members of its governing body. This list which shall be available to the Ddepartment and shall:

(a) Include the name names, address, and term terms of membership of each member;

(b) Identify each office and the term of that office.

(5) The governing body shall meet no less than once per year. Membership of the governing body shall not be fewer than five (5) members.

(6) Responsibilities of the Governing Body.

(a) Employ a qualified executive director, as prescribed in 65C-14.023(15), F.A.C., and delegate responsibilities to that person for the administration and operation of the residential child-caring agency.

(b) Evaluate in writing the executive director’s performance annually.

(c) Approve the annual budget of anticipated income and expenditures necessary to provide the services described in its mission statement of purpose. The governing body shall also approve the annual financial audit report.

(d) Establish written personnel practices.

(e) Maintain written minutes of all meetings, which shall be open to inspection by the Ddepartment.

(f) Develop written policies for selection criteria and rotation of its members.

(g) Develop a written plan for the storage of children’s records in the event of the closing of the child-caring agency and/or facility.

(7) Municipal, county or other governmentally operated residential child-caring agencies subject to licensing under Section 409.175, F.S., shall, within their administrative structure and as governed by other federal, state and local laws, provide for the duties and responsibilities described in this section.

(8) The child-caring agency shall have a written grievance procedure which allows children in care or others to make complaints without fear of retaliation. This procedure shall be written in a clear and simple manner and shall be provided to children, parents or guardians, the Department and others upon request. The procedure must be explained to children and their families at the time of admission.

(9) The child-caring agency shall maintain a current organization chart showing the administrative structure including the lines of authority. This chart shall be available to the Department.

(10) The child-caring agency shall provide written documentation that it has sufficient funds to meet all requirements for licensure. Facilities beginning operation shall provide evidence of sufficient funding for operation of the program for at least six (6) months.

(11) The child-caring agency shall prepare a written budget annually.

(12) The child-caring agency shall have financial records audited annually.

(13) If fees for services are charged, the child-caring agency shall have a written policy which describes the relationships between fees and services provided and the conditions under which fees are charged or waived. This policy shall be available to any person upon request.

(14) If funding is obtained through public solicitation, a charitable permit for such solicitation shall be procured as required by Chapter 496, F.S.

(15) The child-caring agency shall provide written notification within 30 days to the Department of changes in the agency’s executive director, statement of purpose or admission criteria.

Rulemaking Authority 409.175(5)(a) FS. Law Implemented 409.175(5)(a)1, 8 FS. History–New 7-1-87, Formerly 10M-9.015. Amended____.

 

65C-14.007 Buildings, Grounds, and Equipment, and Interior Accommodations.

(1) Staff sleeping space quarters shall be separate from those of the children but in close enough proximity to allow for proper supervision.

(2) The grounds shall be well kept. Indoor and outdoor recreation areas shall be provided with equipment and safety measures designed for the needs of the resident children according to the age, physical and mental ability of the children.

(3) Safety regulations shall be established for all hazardous equipment and children shall be prohibited from the use of such equipment unless it is included in planned and supervised work experience.

(4) Pools shall meet the requirements of Chapter 515 514, F.S., and the administrative rules promulgated under Chapter 515 514, F.S.

(5) The facility shall be decorated and furnished to create a homelike environment. Furnishings shall be safe, easy to maintain, and selected for their suitability to the age and development of the children in care.

(6) Living Room: The building or cottage shall have one (1) centrally located living room, or in the case of wilderness camps another form of meeting space, for the informal use of children, large enough to accommodate indoor recreational use.

(7) Dining Area: The building or cottage shall have one (1) or more dining areas large enough to comfortably accommodate the number of persons who normally are served.

(8) Where study areas exist they shall have tables, chairs, lamps and bookshelves suitable for use by the children in care.

(9) If offices for administrative functions are housed in the facility, they must be separate from the children’s living area.

(10) There must be adequate space to allow staff and clients to talk privately and without interruption.

(11) Bathrooms.

(a) The facility shall have toilets, wash basins, and bathing units as follows:

1. At least one (1) toilet, washbasin, and tub or shower easily accessible to the bedroom area for every six (6) children;

2. Toilets and tubs or showers that provide for individual privacy.

(b) The facility shall have bathrooms with non-slip surfaces in showers or tubs, toilet paper and holders, and individual hand towels or disposable paper towels, mirrors at a height for convenient use by children and a place for storage of toiletries unless storage is provided elsewhere.

(c) A facility that cares for nonambulatory children shall have grab bars in toilet and bathing areas and doors wide enough to accommodate a wheelchair or walking device.

(12) Bedrooms.

(a) Child-caring agencies shall not permit nonambulatory children to sleep above the first floor.

(b) Child-caring agencies shall provide each child with a closet or chest of drawers for clothing and personal belongings which shall be reserved solely for the individual child’s use. Wilderness camps have the option of providing alternate storage.

(c) Child-caring agencies shall provide each child with a safe and comfortable bed. The beds shall be no shorter than the child’s height and no less than 30 inches wide. Where bunk beds are used, there shall be sufficient room to allow the occupants of both bunks to sit up in bed.

(d) Children over 36 months of age shall not share a bedroom with a child of a different gender unless efforts are being made to maintain a sibling group or doing so is required for the safety or wellbeing of each child.  The group home, licensing agent and case manager shall work together in determining arrangements for the safety and best interests of each child involved and obtain written approval from the community-based care agency.  Rationale for any decision made for children over the age of 36 months to share a bedroom with a child(ren) of  a different gender shall be documented in FSFN. 

(e) Clean sheets, pillow cases, and blankets shall be provided to each child upon arrival. Sheets and pillowcases shall be changed at least once a week.

(13) The facility shall have outside ventilation by means of windows, louvers, air conditioners, or mechanical ventilation in rooms used by children.

(14) The facility shall have screens for each window and door used for outside ventilation.

(15) The facility shall have light fixtures to provide for the comfort and safety of children. Classrooms, study areas, bathrooms and food service areas shall be illuminated.

(16) All incandescent bulbs and fluorescent light tubes shall be protected with covers or shields.

(17) Hallways to bedrooms shall be illuminated at night.

(18) The facility shall have at least one (1) bedroom for every four (4) children.  However, if the applicant or licensee, in a written request, demonstrates that the health, safety and welfare of each child in a particular set of children in a particular circumstance  will not be adversely affected by having more than four (4) children in a bedroom, the Department, upon on-site inspection, shall grant the request  if it determines that the evidence and statement support the applicant’s or licensee’s request. The approval of the request  shall be valid only for the particular set of children in the particular circumstances cited in the written request.  The bedrooms shall have 50 square feet for the initial occupant and an additional 50 square feet for each additional occupant, and a ceiling height of at least 7 feet, 6 inches. Programs established prior to July 1, 1987 may utilize dormitory style bedrooms, but new construction or facilities applying for initial licensure must comply with the size and occupancy requirements.

(19) Children shall have the opportunity to personalize their bedrooms with furnishings and possessions.

(20) For wilderness camps:

(a) A wilderness camp shall only be established at a location where land is properly drained.

(b) The location of a camp shall not present a fire, health or safety hazard.

(c) Non-permanent structures used for sleeping shall be located on dry land. The sleeping structure shall promote comfort and protection from weather and insects and have a floor which is smooth, kept in a clean condition and in good repair.

(d) Permanent sleeping structures shall have roofs, exterior walls, doors and windows which are weathertight and watertight and shall be in clean condition and in good repair.

(e) Structures shall be covered with durable flame proof material.

Rulemaking Authority 409.175(5)(a) FS. Law Implemented 409.175(5)(a)2, 3 FS. History–New 7-1-87, Formerly 10M-9.016. Amended____.

65C-14.008 Interior Accommodations.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Amended 8-3-88, Formerly 10M-9.017. Repealed.

 

65C-14.009 Ventilation and Lighting.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.018. Repealed

 

65C-14.010 General Sanitation and Safety, Sanitation, and Food Service Requirements.

(1) Prior to the issuance of a license or to relicensing, the facility shall be inspected by a representative of the Ddepartment, the county health unit, and the local fire department, or persons trained by the office of the State Fire Marshal Marshall in fire prevention and safety in accordance with state or local ordinances and codes. Written approval of health and sanitary conditions and fire prevention and protection measures must be on file. All residential child-caring facilities must comply with The following measures shall be used to inspect the health and sanitation standards set forth in rule 64E-12, F.A.C. in residential child caring agencies with a capacity of up to 12 clients;

(2) Fire Safety.

(a) All child-caring agencies must be inspected annually by the local fire department or persons certified by the Division of the State Fire Marshal in fire prevention and safety in accordance with Chapter 69A-41, F.A.C., Uniform Fire Safety Standards for Residential Child Care Facilities. A report of the inspections and approval must be on file with the Department prior to issuance of a license or relicensing of the facility.

(b) Fires, explosions or major damage to facilities which threaten the health and safety of the residents shall be reported to the Department within 24 hours of the occurrence and reports of such incidents shall be kept on file in the facility.

(c) Procedures for fire and other emergency situations, including the route of evacuation, shall be posted in conspicuous places and shall be reviewed with staff and children on a scheduled basis.

(d) Fire drills shall be held no less than monthly and records of such drills shall be kept on file.

(e) Hallways, stairs and exit areas shall be well-lit and kept clear for safe exit.

(3) Transportation

(a)Vehicles used to transport children shall be maintained in safe operating condition.

(b) The number of persons in a vehicle used to transport children shall not exceed the number of available seats; appropriate restraining devices shall be used when transporting children in automobiles.

(c) Buses or vans used to transport six (6) or more children shall be equipped with a first aid kit.

(4) Recreational areas.

(a) The recreational area shall be safe and free from hazardous conditions. Recreational equipment shall have no jagged or sharp projections or other hazardous construction, and shall be maintained in a structurally sound condition.

(b) Outdoor recreational areas shall be well-drained and kept free of litter and trash.

(5) Swimming Pools and Aquatic Activities.

(a) All residential child-caring agencies with swimming pools, spas, or open water hazards must have a person on staff who has completed a community water safety course administered by a nationally recognized water safety provider.

(b) Swimming pools shall comply with the requirements of the Residential Pool Safety Act, Section 515.27, F.S.  Facilities with swimming pools licensed prior to the enactment of the Residential Pool Safety Act shall be considered to have met this requirement. 

(c) The child-caring agency shall not permit a child to participate in an aquatic activity requiring higher skills than the child’s ability, except during formal instruction.

(d) Lifesaving equipment shall be provided during aquatic activities and shall be immediately accessible in case of an emergency. Minimum equipment shall include the following:

1. A whistle or other audible signal device;

2. A first aid kit; and

3. A ring buoy, rescue tube, life jacket or other flotation device with a rope attached which is of sufficient length for the area.

(e) Life jackets shall be worn during all boating activities.

(f) Prior to any extended travel in any water craft, drills will be practiced to approximate man overboard and capsize situations.

(6) Food Service.

(a)The child-caring agency shall assign a staff member to the overall management of the food service. If this person is not a professionally registered dietitian, all menus shall be approved by a professionally registered dietitian for the particular population of the group home. Residential programs participating in the United States Department of Agriculture Food and Nutrition Service shall be considered to have met this requirement.

(b) The child-caring agency shall serve staff members and the children in care the same food, except when age or special dietary requirements dictate differences. Staff on duty shall eat their meals with the children.

(c) All child-caring agencies shall serve three (3) well-balanced meals a day in the morning, noon, and evening and provide snacks between meals. When children are attending school, working outside of the facility or are not present in the facility during mealtime, the child-caring agency shall ensure that the children receive meals.

(d) Facilities shall retain their menus for a six (6) month period which shall be available for review by the Department.

(a) Food shall be clean and wholesome. Wholesome foods are those that are in sound condition and do not contain any substance or chemical that may render it harmful to health. Clean food is free from spoilage and safe for human consumption.

(b) Home canned food shall not be used.

(c) Food shall be protected from dust, flies, rodents, and other vermin, unclean equipment and utensils, unnecessary handling, cough/sneezes, flooding by sewage, overhead leakage and all other sources of contamination at all times during storage, food preparation, transportation both on and off premises, and service. The kitchen shall be kept clean and in good repair, this includes the equipment and utensils.

(d) Potentially hazardous food is any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. Potentially hazardous foods must be kept at safe temperatures, 41 degrees Fahrenheit or below or 140 degrees Fahrenheit or above, except during necessary period of preparation and service. Potentially hazardous food shall not have been out of temperature for more than 4 cumulative hours during the course of thawing, preparation, service and cooling.

(e) At least one sink with hot and cold potable water under pressure shall be provided in the food preparation area.

(f) Refrigeration units and hot food storage units shall be provided with a numerically scaled indicating thermometer accurate to plus or minus 3 degrees Fahrenheit. The thermometer shall be located in the warmest or coldest part of the units as may be applicable and of such type and so situated that the temperature can be easily and readily observed.

(g) Food containers shall be labeled with their contents and dated. Prior to the food being placed into the freezer, the container must be clearly marked to indicate the date of freezing; and the container must be clearly marked to indicate that the food shall be consumed within 24 hours of thawing. When the food is removed from the freezer, the container must be clearly marked to indicate the date of thawing.

(h) Water temperature shall not exceed 120 degrees Fahrenheit to avoid scalding. Adequate hot water shall be provided at a minimum of 100 degrees Fahrenheit.

(i) Agencies not served by a municipal water supply shall test the water before licensure and then annually. The test results must be submitted to the local county health department in writing by the testing laboratory. Testing can be obtained through the local county health department or a certified independent laboratory. Test results must be negative for bacteriological contamination as determined by the local county health department. Positive test results require the facility to use potable water from a source approved by law for the purpose of drinking, cooking, and oral contact, until test results are negative.

(j) Effective measures shall be utilized to minimize the presence of rodents, flies, cockroaches and other vectors and vermin on the premises. Effective measures shall include any method or device or the application of any substance to prevent, destroy, repel mitigate, curb, control any pest in, on or under the structure or lawn.

(k) There shall be at least one functioning toilet, washbasin, and tub or shower for every six children.

(7)(l) Laundry facilities shall be located in an area separate from areas occupied by children. If children are allowed to participate in the laundering of their personal items, space for sorting, drying, and ironing shall be made available. If children are using the laundry facilities they shall be supervised by a staff member.

(8)(m) The facility shall have telephones, centrally located and readily available for staff use in each living unit of the facility. Emergency numbers, such as 911 the fire department, police, hospital, physician, poison control center, and the child abuse registry ambulance, shall be posted by each telephone. In lieu of this requirement, wilderness camps and short-term wilderness programs shall have a system in place that provides for an immediate response in case of an emergency. The system must include the ability to immediately notify appropriate agency staff, police, fire department, physician, poison control center, ambulance or other emergency services that may be needed.

(9)(n) If firearms are present in the facility, the program director and house parent, when applicable, shall be required to sign the “Acknowledgement of Firearms Safety Requirements” form, CF-FSP 5343, February 2015 March 2010, which is incorporated by reference and available at www.dcf.state.fl.us/dcfforms/ https://www.flrules.org/gateway/reference.asp?NO=Ref-01318.

(10) All pets must be current on vaccinations as required in Section 828.30, F.S. 

(2) Pursuant to Section 409.175, F.S., the following measures shall be used to inspect the health and sanitation standards in a residential child caring agency with a capacity more than 12 clients;

(a) Kitchen.

1. The floor surfaces in kitchens, all the rooms and areas in which food is stored or prepared and in which utensils are washed or stored, shall be of smooth, nonabsorbent material and constructed so they can be easily cleaned and shall be kept clean and in good repair.

2. The walls and shelving of all food preparation areas, food storage areas and utensil washing areas shall have smooth, easily cleanable surfaces. Walls shall be washable up to the highest level reached by splash or spray.

3. Hot and cold running water under pressure shall be easily accessible where food is prepared and where utensils are washed.

4. A residential use dishwasher shall be provided for ware washing.

(b) Food Supplies. Food is any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use in whole, or in part, for human consumption. Food received or used in a residential child caring agency shall be from sources approved or considered satisfactory by the Department.

(c) Food Protection.

1. Food, while being transported, stored or prepared at a residential child caring agency, shall be protected from dust, flies, rodents or other vermin, toxic materials, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding by sewage, overhead leakage and all other sources of contamination.

2. Different types of raw animal products such as beef, fish, lamb, pork or poultry shall be separated during storage and processing by use of different containers, partitions, shelves, or by cleaning and sanitizing the equipment between product use.

3. Raw food products shall be physically separated from ready-to-eat food products during display or storage by storing the raw products below ready-to-eat food products or using other approved methods.

4. Perishable food is any food of such type or in such condition as my spoil. Perishable food shall be stored at such temperatures as will protect against spoilage. All potentially hazardous food shall be kept at safe temperatures, 41 degrees Fahrenheit or below and 140 degrees Fahrenheit or above, except during necessary periods of preparation and service.

5. Potentially hazardous foods which are to be served without further cooking, such as ham salad, chicken salad, egg salad, shrimp salad, lobster salad, tuna salad, potato salad and other mixed foods containing potentially hazardous ingredients or dressings shall be prepared from chilled products with a minimum of manual contact. The surfaces of containers and the utensils used for preparation and subsequent storage shall have been effectively cleaned and sanitized immediately prior to use. Potentially hazardous food requiring refrigeration after preparation shall be rapidly cooled to an internal temperature of 41 degrees Fahrenheit or below. The cooling period shall not exceed four hours. Potentially hazardous foods of large volume or prepared in large quantities shall be rapidly cooled, utilizing one or more of the following methods based on the type of food being cooled:

a. Placing the food in shallow pans;

b. Separating the food into smaller or thinner portions;

c. Using rapid cooling equipment;

d. Stirring the food in a container placed in an ice water bath;

e. Using containers that facilitate heat transfer;

f. Adding ice as an ingredient; or

g. Other effective methods approved by the department.

6. Frozen potentially hazardous food shall be thawed:

a. In refrigerated units at a temperature not to exceed 41 degrees Fahrenheit; or

b. Under cold potable running water with sufficient water velocity to agitate and float off loosened food particles into the overflow and:

(I) For a period of time that does not allow thawed portions of ready-to-eat food to rise above 41ºF; or

(II) For a period of time that does not allow thawed portions of a raw animal food requiring cooking to be above 41ºF for more than 4 hours including the time the food is exposed to the running water and the time needed for preparation for cooking; or

c. In a microwave oven; or

d. As part of the conventional cooking process.

7. Raw, unprocessed fruits and vegetables shall be thoroughly washed in potable water to remove any existing contaminants before being cut, combined with other ingredients, cooked, or served.

8. Comminuted meat is fish or meat products that are reduced in size and restructured or reformulated such as gyros, ground beef, and sausage; Comminuted meat products shall be thoroughly cooked to heat all parts of the meat to a minimum temperature of 155 degrees Fahrenheit for at least 15 seconds.

9. Stuffings, poultry, stuffed meats and stuffed poultry shall be heated throughout to a minimum temperature of 165 degrees Fahrenheit for at least 15 seconds.

10. Raw animal products such as eggs, fish, lamb, pork or beef, except roast beef, and foods containing these raw ingredients, shall be cooked to an internal temperature of 145 degrees Fahrenheit or above for at least 15 seconds. Fresh, frozen, or canned fruits and vegetables that are cooked for hot holding shall be cooked to a minimum temperature of 140 degrees Fahrenheit.

11. Microwave Cooking. Raw animal food cooked in a microwave oven shall be:

a. Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

b. Covered to retain surface moisture;

c. Heated to a temperature of at least 165°F throughout all parts of the food; and

d. Allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.

12. Food shall be prepared with the least possible manual contact, with suitable utensils, and on surfaces that prior to use have been cleaned, rinsed and sanitized to prevent cross contamination. Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to a minimum of 165 degrees Fahrenheit for 15 seconds throughout all parts of the food before being served or before being placed in a hot food storage equipment. Ready-to-eat food taken from a commercially processed, hermetically sealed container (a container designed and intended to be secure against the entry of microorganisms to maintain the commercial sterility of its contents after processing) or from an intact package from a food processing plant, shall be heated to a temperature of a least 140 degrees Fahrenheit. Precooked, pre-packaged food from approved sources shall be exempt from this rapid reheating requirement when the food is initially removed from the original package, prepared for service, and not cooked for hot holding. Steam tables, bainmaries, warmers and similar hot food holding equipment are prohibited for the rapid reheating of potentially hazardous foods.

13. Food, whether raw or prepared, if removed from the container or package in which it was obtained, shall be stored in a clean covered container except during necessary periods of preparation or service. Container covers shall be nonabsorbent, except that linens or napkins may be used for lining or covering bread or roll serving containers. Solid cuts of meat shall be protected by being covered in storage. Food and containers of food shall not be stored under exposed or unprotected sewer lines or water lines, except for automatic fire protection sprinkler heads that may be required by fire safety rules. The storage of food in toilet rooms, locker rooms, dressing rooms, garbage rooms, or vestibules is prohibited. Unless its identity is unmistakable, bulk food such as cooking oil, syrup, salt, sugar or flour not stored in the product container or package in which it was obtained, shall be stored in a container identifying the food by common name. Food not subject to further washing or cooking before serving shall be stored in a way that protects it against cross contamination from food requiring washing or cooking. Packaged food shall not be stored in contact with water or undrained ice. Food shall be stored a minimum of 6 inches above the floor, on clean shelves, racks, dollies or other clean surfaces in such a manner as to be protected from splash and other contamination provided that:

a. Metal pressurized beverage containers and cased food packaged in cans, glass or other waterproof containers need not be elevated when the food container is not exposed to floor moisture; or

b. Racks and dollies used for food storage are easily movable.

14. Potentially hazardous food, date marking requirements.

a. Refrigerated, ready-to-eat, potentially hazardous food prepared and held for more than 24 hours in a facility shall be clearly marked with the date of preparation.

b. When ready to eat, potentially hazardous food is to be subsequently frozen, in addition to the date of preparation, the food shall comply with the following:

(I) Prior to the food being placed into the freezer, the container must be clearly marked to indicate the date of freezing; and

(II) The container must be clearly marked to indicate that the food shall be consumed within 24 hours of thawing.

(III) When the food is removed from the freezer, the container must be clearly marked to indicate the date of thawing.

15. Ready-to-eat, potentially hazardous food, disposition. Refrigerated, ready-to-eat, potentially hazardous food, shall be discarded if not served within 7 calendar days from the date of preparation, excluding the time that the product is frozen.

16. All food shall be served in such a manner as to minimize contamination as follows:

a. To avoid unnecessary manual contact with food, suitable dispensing utensils shall be used by staff or provided to residents who serve themselves.

b. Food within containers such as bins of sugar or flour, with the dispensing utensil handle extended out of the food; must be clean and dry.

17. Ice obtained from outside the residential child caring agency shall be handled and transported and stored in a sanitary manner.

18. Food while being transported between residential child caring agencies or while being transported from a residential child caring agency to another location shall be in covered containers or otherwise wrapped or packaged to ensure protection from contamination. Potentially hazardous foods shall be kept at safe temperatures during all periods of transportation and delivery. Food utensils shall be completely wrapped or packaged to protect them from contamination.

a. The use of sanitizers, cleaning compounds or other compounds intended for use on food-contact surfaces shall not leave a toxic residue on such surfaces or constitute a hazard to employees or consumers. Sanitize means the effective treatment of clean surfaces of equipment and utensils by an approved process which provides enough accumulative heat or concentration of chemicals for enough time that when evaluated for effectiveness a reduction in disease microorganisms is evident.

b. Poisonous or toxic materials shall not be used in a way that contaminates food, equipment, or utensils, nor in any way that constitutes a hazard to staff or other persons, nor in a way other than in full compliance with the manufacturer’s labeling.

c. First-aid supplies and personal medications shall be stored in a way which prevents their contaminating food or food-contact surfaces.

d. Poisonous or toxic materials shall be stored separate from food, food equipment, utensils, or single-service articles.

(3) The following measures shall be used to inspect recreational areas in all residential child caring agencies.

(a) The recreational area shall be safe and free from hazardous conditions. Recreational equipment shall have no jagged or sharp projections or other hazardous construction, and shall be maintained in a structurally sound condition.

(b) Outdoor recreational areas shall be well drained and kept free of litter and trash.

(c) If swimming pools, spas, hot tubs or open water hazards are located on the property of a community based residential facility, the facility shall provide direct supervision by an adult employee when in use or when the area is occupied by minors and other residents that cannot swim. The individual responsible for supervision during water activities or near water hazards must have successfully completed the community water safety course specified in paragraph (b) below.

1. A wading or kiddy pool is not allowed.

2. All community based residential facilities with swimming pools, spas, or open water hazards must have a person on staff who has completed a community water safety course administered by the American Red Cross or the YMCA.

3. A community based residential facility with a pool or spa has a barrier on all sides at least four feet high. All access through the barrier shall have one of the following safety features: alarm, key lock, self-locking doors, bolt lock or other lock that is not accessible to children. Hot tubs and spas shall be required to have a safety cover that is locked when not in use.

4. Water safety devices shall be provided for residential pools. A shepherd’s hook shall be provided securely attached to a one piece pole not less than 16 feet in length, and at least one 18 inch diameter lifesaving ring with sufficient rope attached to reach all parts of the pool from the pool deck. Safety equipment shall be mounted in a conspicuous place and be readily available for use.

Rulemaking Authority 409.175(5)(a) FS. Law Implemented 409.175(5)(a)2 FS. History–New 7-1-87, Formerly 10M-9.019, Amended 6-3-12,_____.

 

65C-14.011 Fire Regulations.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.020. Repealed_____.

65C-14.012 Transportation Safety.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.021. Repealed_____.

 

65C-14.013 Food and Nutrition.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Amended 8-3-88, Formerly 10M-9.022. Repealed______.

 

65C-14.014 Health and Medical Services.

(1) General.

(2) The facility shall have a staff member on duty trained to administer first aid, including cardiopulmonary resuscitation (CPR), at all times.

(3) The child-caring agency facility shall assure that a first aid kit is available to staff members in each living unit with contents consistent with the American Red Cross current guidelines and the needs of children in care. The first aid kit shall be inaccessible to the children in care.

(4) All medical care beyond the provision of first aid shall be under the direction of a physician licensed under Chapter 458 or 459, F.S.

(5) The child-caring agency facility shall immediately notify the child’s parent or guardian guardians, and the child-placing agency or the Ddepartment if the child is in the custody of the Department, of any serious illness, any incident involving serious bodily injury, pregnancy or childbirth, or any severe psychiatric episode requiring the hospitalization of a child.

(6) Provision shall be made for the temporary isolation of children with communicable disease. When such isolation is necessary, close supervision by staff shall be provided.

(7) All child-caring agencies facilities shall maintain linkages and cooperative agreements with community agencies, out-of-area programs, or individuals for services not directly provided by the agency, including a plan for handling emergency medical and dental needs of clients.

(8) All child-caring agencies facilities shall have written procedures in cases of emergencies or life threatening situations, including arrangements for emergency transport services for clients. Plans for provision of supervision must be made in cases of emergency when on duty staff are required to accompany a child to a hospital emergency room.

(9) Medication.

(a) All medicines and drugs shall be kept securely locked.

(b) The following shall be documented in the child’s file upon admission:

1.The prescribing doctor’s name;

2. Reason for prescription;

3. Quantity of medication in container at admission; and

4. Method of administration of medication either orallay, topically, or injected;

(c) All medicines and drugs shall be administered only by agency staff, except for children of parenting teens who are not in the custody of the Department.  A log shall be kept of the administration of all medication which shall include the following:

1. Name of the child for whom medication is prescribed or to whom over the counter medication is administered;

2. Reason for over the counter medication administration;

3. Amount of medication administered;

4. Time of day the medication was administered;

5. Signature of child receiving the medication, when age appropriate;

6.  Signature of staff member who administered the medication; and

7. Notation and reason for lack of medication administration, if applicable.

(d) Prescription medications shall be prescribed only by a duly licensed person.

(e) The child-caring agency shall not permit medication prescribed for one child to be given to another child.

(10) The child-placing agency shall obtain available  medical information and consents prior to admission of a child.

(11) Medical information and consents shall include the following:

(a) Completion of a well-child check-up by a licensed physician or report of such an examination performed within twelve (12) months  prior to admission.

(b) The child’s medical history, including immunizations,  and,  in the case of parenting teens, the medical history of the infant or toddler.

(c) Written consent from the child’s parent or guardian or a court order  authorizing routine medical and dental procedures for the child, and to authorize emergency procedures when written parental consent cannot be obtained.

(12) The child-caring agency shall obtain the child’s medical information that was not available prior to child’s admission into the facility within 30 days of admission.  Efforts to obtain the information shall be documented in the child’s record.

(13) The child-caring agency shall have a written comprehensive policy  for preventive, routine, emergency, and follow-up medical and dental care for all children.

(14) The child-caring agency is responsible for meeting the physical health needs of each child in its care.              (a) The child-caring agency shall ensure that each child has an annual physical examination and follow-up care as recommended.  For children under three (3) years, a well-child checkup shall be obtained in accordance with the American Academy of Pediatrics perodicity schedule.

(b) The child-caring agency shall ensure that each child has a dental examination every six (6) months and follow-up care as recommended.

(c) The child-caring agency shall ensure pregnant youth have prenatal and postnatal care.

(15) The facility shall have at all times a staff member on duty trained to administer first aid and cardiopulmonary resuscitation.

(16) The child-caring agency shall provide or arrange for medically recommended glasses, hearing aids, prosthetic devices, corrective physical or dental devices, or equipment recommended by a physician for children in care.

(17) The child-caring agency shall maintain confidential medical and dental records for each child in care. The records shall include the dates of immunizations, medications, examinations, and any treatments for specific illness or medical emergencies.

Rulemaking Authority 409.175(5)(a) FS. Law Implemented 409.175(5)(a)2, 3, 9  FS. History–New 7-1-87, Formerly 10M-9.023. Amended____.

 

65C-14.015 Administration of Medication.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.024, Repealed____.

 

65C-14.016 Incident Notification Procedures.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.025. Repealed____.

 

65C-14.017 Child Abuse and Neglect and Incident Notification Procedures.

(1) The child-caring agency facility shall have and follow procedures for handling any suspected incidents of child abuse or neglect involving staff.

(2) All suspected cases of child abuse and neglect shall be reported to the Florida Abuse Hotline department in accordance with Chapter 39 415, F.S., including critical incidents involving suspected child abuse and neglect.

(3) A provision shall be made for reporting and recording any suspected incident of abuse or neglect or endangerment to the program director of the child-caring agency facility.

(4) There shall be an immediate provision for protecting the victim and preventing a recurrence of the alleged incident pending investigation.

(5) The child-caring agency facility shall require each staff member to read and sign a statement which states the child abuse and neglect laws and outlines the staff member’s responsibility to report all incidents of child abuse and neglect.

(6) The following critical incidents, defined in CF Operating Procedure No.  215-6, April 1, 2013, HRSR 0-10-1 dated January 1, 1986 which is herein incorporated by reference and available at www.dcf.state.fl.us/admin/publications/cfops,  shall be reported to leadership in accordance with local incident reporting procedures for children in the care and custody of the Department:

(a) Child arrest.

(b) Child death.

(c) Young adult in extended foster care death.

(d) Child on child sexual abuse.

(e) Employee arrest.

(f) Employee misconduct.

(g) Missing child.

(h) Security incident.

(i) Sexual abuse/sexual battery.

(j) Injury to child or young adult requiring medical attention from a physician.

(k) Injury to staff requiring medical attention from a physician.

(l) Suicide attempt of child or young adult.

(7) Critical incidents shall be reported to the primary worker or supervisor as soon as the immediate needs of those involved in the incident have been addressed and other required notifications, such as to law enforcement, have been completed.

(a) Upon notification, the primary worker shall follow the local incident reporting procedures which shall result in entry of the incident’s details into the Department’s Incident Reporting and Analysis System (IRAS). All critical incidents must be entered into IRAS within one (1) business day of the critical incident.

(b) The primary worker or supervisor and the program director or designee shall coordinate notification to the parents or legal guardian.

(8) If a child who is being served voluntarily and is not in the care and custody of the Department is involved in any critical incident, the program director or designee shall notify the parents or legal guardian directly and the Department by submission of the “Statewide Critical Incident Report”, CF-FSP 5262, April 2007, incorporated by reference and available at www.dcf.state.fl.us/admin/publications/cfops.

(9) All child-caring agencies shall report incidents in accordance with  the Department’s incident reporting procedures outlined in CF Operating Procedure No. 215-6, incorporated in subsection (6) of this rule.

Rulemaking Specific Authority 409.175(5)(a) FS. Law Implemented 409.175(5)(a) FS. History–New 7-1-87, Formerly 10M-9.026.  Amended____

 

65C-14.018 Individual Needs of Children in Care Community Interaction.

(1) The child-caring agency facility shall have written policies to involve children in community activities and services. The child-caring agency facility shall arrange for recreational and cultural enrichment and shall provide transportation and supervision as needed need for use of community resources to assure that resident children are allowed to become a part of the community. Runaway programs will be exempted from this section.

(2) The child-caring agency facility shall ensure that any public appearances by the children involving publicity or fund raising purposes are voluntary and that the written consent of the child’s parent parents or guardian is on file.

(3) Recreation, Leisure Activities, and Employment.

(a) The facility shall have a calendar of available  indoor and outdoor recreational and leisure activities. Such activities shall be based on the group and individual interests and needs of the children in care.

(b) A reasonable and prudent parent standard, in accordance with Section 409.145(3), F.S., shall be applied in determining the level of supervision needed for recreational and leisure activities.

(c) If a child is employed, the child’s  employment shall be incorporated into the child’s service or treatment plan. 

(d) The child-caring agency shall assign chores  appropriate to the age and ability of the children in care. Chores  shall not conflict with schooling, visits with the children’s family, or any other activities associated with meeting the goals of the service or treatment plan.

(e) There shall be daily time for privacy and individual pursuits for each child in care.

(4) The child-caring agency shall ensure that each child has the individual items necessary for personal hygiene and grooming and has training in personal care, hygiene, and grooming appropriate to the child’s age, gender, race, culture and development.  Children whose gender identity does not match their gender assigned at birth shall not be denied access to items necessary for or training regarding personal hygiene and grooming that are consistent with their gender identity or expression.

(5) The child-caring agency shall involve the child in the selection, care and maintenance of the child’s personal clothing, as appropriate to the child’s age and ability. The child-caring agency shall allow a child to possess and bring personal belongings. The child-caring agency may limit or supervise the use of these items while the child is in care; however, it may not restrict items based on the child’s gender identity or expression.

(6) The child-caring agency shall send all personal clothing and belongings with the child when the child leaves the facility or will return clothing and personal items to the child-placing agency, parent or guardian, when applicable.

(7) A child and the child’s parent or legal guardian (unless parental rights have been terminated by a court of competent jurisdiction) have the right to determine the child’s religious affiliation.

(a)  Child-caring agencies operating under religious auspices shall have the written permission of the child’s parent or guardian if the child is required to attend religious services.  If the parent or guardian is not able to be located to give consent, efforts to contact the parent or guardian shall be documented in the child’s file. 

(b) The child-caring agency shall make arrangements for an alternative activity for children not attending religious services.

(8) The child-caring agency shall ensure that each child has clean, well fitting, seasonal clothing, appropriate to the child’s age and individual needs.

(9) Allowance

(a) The child-caring agency shall provide opportunities for children to learn the value and use of money by providing an allowance and opportunities for earning, spending, and saving.

(b) Allowance shall be provided at least monthly.

(c) Allowance shall not be tied to behavior or completion of chores.

(d) Children shall not be expected to use their allowance to purchase personal hygiene items, school supplies, clothing, or other necessities.

(e) The child-caring agency shall have a means of keeping children’s money secure. A record of monies being held for children shall be kept separate from the facility’s financial accounts.

Rulemaking Specific Authority 409.175(5)(a) FS. Law Implemented 409.175(5)(a)2, 12, (e) FS. History–New 7-1-87, Formerly 10M-9.027, Amended____.

 

65C-14.019 Recreation, Leisure Activities and Work Experience.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.028, Repealed____.

 

65C-14.020 Clothing and Personal Belongings.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.029, Repealed____.

 

65C-14.021 Discipline and Behavior Management, Control and Punishment.

(1) The child-caring agency facility shall have written policies on discipline and behavior management, control and punishment which shall be provided to each child all children, parent or guardian, child-placing agency staff, agencies and the Ddepartment. The policies for discipline and behavior management and control shall emphasize positive, instead of punitive, methods and shall include the following:

(a) Means for teaching and training children which emphasize praise and encouragement for exhibiting self-control and desirable behavior;

(b) Methods for protecting children or others when a child is out of control and the child’s his behavior is likely to endanger him or herself, other persons or property.

(2) If separation from others is used as a discipline control measure, the facility shall have provide an unlocked, lighted, well-ventilated room of at least 50 square feet and within hearing distance of a staff member. The time limit for isolation shall not exceed 60 minutes. The restrictions in regard to the use of isolation will not apply to facilities certified under Administrative Chapter 65E-10, F.A.C. for the care of emotionally disturbed children.

(3) Facility staff shall not:

(a) Use physical punishment, inflicted in any manner on the body.

(b) Ridicule, intimidate or verbally abuse children.

(c) Use chemical or mechanical restraints unless used under a physician’s order in a facility certified under Administrative Chapter 65E-10, F.A.C.

(c)(d) Employ cruel or humiliating treatment or other emotionally abusive behavior.

(d)(e) Assign excessive exercise or work duties which are inappropriate to the child’s age or development.

(e)(f) Deny food, clothing, shelter, medical care or prescribed therapeutic activities, or contacts with family, case manager counselors or legal representatives as a form of punishment.

(f) Threaten a child with removal  from the facility.

(g) Engage in discriminatory treatment or harassment on the basis of a child’s race, national origin, religion, gender, gender expression, sexual orientation, or disability.

(h) Permit harassment or bullying of children by staff or other youth based on their race, national origin, religion, gender, gender expression, sexual orientation, disability, or any other characteristic.

(i) Attempt to change or discourage a child’s sexual orientation, gender identity, or gender expression.

Rulemaking Specific Authority 409.175(5)(a) FS. Law Implemented 409.175(5)(a) FS. History–New 7-1-87, Formerly 10M-9.030.  Amended____

 

65C-14.022 Records and Confidentiality Requirements Permanent Register.

(1) The child-caring agency facility shall maintain a permanent register of all resident children which shall include the following:

(a) Tthe name and birth date names of the child;

(b) The name and address of the child’s , his parents or guardians or child-placing agency;

(c) The child’s dates , address, date of admission and discharge; and

(d) The , the child’s birthdate, and his custody status.

(2) The child-caring agency shall maintain individual records for each child in care which shall include the following:

(a) The name, gender, race, religion, birth date, and birthplace of the child;

(b) The name, address, and telephone number of the parent or guardian, siblings, grandparents, or other persons significant to the child;

(c) A social history of the child, the child’s family and other significant persons, and any other information required by the residential child-caring agency;

(d) Copies of legal documents relating to the child;

(e) Date of admission, source of referral, and social assessment from the referring agency;

(f) Medical history, cumulative health record, treatment and clinical records and progress reports, and any psychological and psychiatric reports;

(g) Educational records and reports;

(h) Vocational exploration and training and employment records, if applicable;

(i) Records of special or critical incidents in the child’s life;

(j) The child’s case plan, reviews and revisions reflecting the child’s and family’s goal achievement;

(k) Referrals to other agencies; and

(l) Discharge summary.

(3) Information in case records shall be kept confidential.  This includes sharing information with other children in the group home. 

(4) Staff entries in case records shall be dated and signed.

(5) The case record shall be maintained for a minimum of five (5) years after a child has been discharged.

(6) The identity of any child who has tested positive for the  HIV virus  shall be disclosed to an employee of the Department or child-caring or child-placing agency directly involved in the placement, care, or custody of such child and only when the employee needs to know such information in order to safely perform job duties. An employee has a need to know the identify of a child and the child’s test results if:

(a) The employee is involved in case specific services, such as assessing needs, determining eligibility, arranging care, monitoring case activities, permanency planning and providing care for the child in residential placement; or

(b) The employee is involved in case specific supervision or monitoring of cases for eligibility or legal compliance or casework services, or

(c) The employee is involved in providing case specific clerical and vouchering support.

(7) The identify of a child who has tested positive for the  HIV virus  must be disclosed to a foster family, or child-caring or child-placing agency licensed pursuant to Florida Statutes, who is directly involved in the care of such child and has a need to know such information. The identity of the child shall be disclosed only after the following conditions have been met:

(a) The Department or child-placing or child-caring agency has provided all available information, including HIV test results, social information and special needs, in a manner that does not permit identification of the child, and

(b) The decision to place the child in a specific placement has been confirmed.

(8) The child-caring, child-placing agency, foster home or adoptive home who has accepted an HIV infected child for care shall be given a statement in writing which includes the following language: “This information has been disclosed to you from confidential records. The confidentiality of this record is protected by state law. State law prohibits you from making any further disclosure of such information without the specific written consent of the person to whom such information pertains, or as otherwise permitted by state law.”

(9) The child’s record shall contain documentation that the written statement was given to the child-caring, child-placing agency or to the foster or adoptive parents.

(10) The case files shall not be segregated or flagged in any way which would permit their identification as case files of HIV infected children.

Rulemaking Specific Authority 409.175(5)(a), 381.004(2)(e)11 FS.  Law Implemented 409.175(5)(a), 381.004(2)(e)11, (f) FS. History–New 7-1-87, Formerly 10M-9.031, Amended____.

 

65C-14.023 Personnel and Staffing Requirements Staff Qualifications.

(1) All The facility shall employ personnel employed in a caregiver role shall receive parent preparation training in accordance with s. 409.145(2)(e), F.S., prior to unsupervised contact with children. who have demonstrated qualities which enable them to work well with children in group care, such as: The capacity to give and receive affection, sensitivity, flexibility, emotional maturity, the ability to deal with frustration and conflict, a sense of humor, and a capacity to respect persons with differing lifestyles and philosophies.

(2) The facility shall employ personnel who have knowledge and an understanding of discipline and ways of helping a child build positive personal relationships.

(3) The facility shall perform screening and background checks which shall include, but not be limited to, employment history checks over the past two years, if applicable, two character references, an abuse registry clearance, a local criminal records check and a state and federal criminal records check. The state and federal criminal records check requires the submission of fingerprints in accordance with Section 409.175, F.S. Screening and background checks are to be completed on all personnel having direct contact with children in compliance with Section 409.175, F.S.

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

(3)(5) The facility shall have a personnel file for each employee which shall include but not be limited to the following:

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

(b) A signed “Aaffidavit of Ggood Mmoral Ccharacter,” CF 1649, January 2015, incorporated by reference and available at www.dcf.state.fl.us/publications/;

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

(d) Verification of background screening, including:

1. Fingerprinting;

2. Statewide criminal records checks through the Florida Department of Law Enforcement;

3. Juvenile records checks through the Florida Department of Juvenile Justice;

4. Federal criminal records checks through the Federal Bureau of Investigation;

5. 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;.

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

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

8. If the applicant or any other adult household member 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.

a delinquency record screening, if applicable;

(e) Local law enforcement criminal records clearance;

(f) Verification of an Abuse Registry clearance and criminal records check, including fingerprint clearance, through the Florida Department of Law Enforcement and the Federal Bureau of Investigation;

(e) A signed “Partnership Plan for Children in Out-of-Home Care, CF-FSP 5226, January 2015, incorporated by reference and available at  http://dnp1.dcf.state.fl.us/DCFForms/Search/DCFFormSearch.aspx, for staff employed in a caregiver role.

(f)(g) Medical information relating to health or mental health conditions, including medication(s), that may interfere with the employee’s ability to meet the expectations set out in the “Partnership Plan for Children in Out-of-Home Care, CF-FSP 5226, incorporated by reference in subsection (3)(e) of this rule medical problems of the employee;

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

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

(i)(j) Training record and conferences attended.

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

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

(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.

(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:

(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

(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.

(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. 

(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.

(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.

(11) The child-caring agency shall designate one (1) on-site staff member as the caregiver. This person shall be trained on how to apply the reasonable and prudent parent standard, in accordance with Section 409.145(3), F.S., in the same manner as prospective foster parents.

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

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

(14)  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) 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.

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

(d)Volunteers that have unsupervised contact with children will be required to meet the background screening requirements of Section 409.175, F.S., in the same manner as employees of the child-caring agency.

(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 409.175, F.S., in the same manner as employees of the child-caring agency.

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

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

(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 s. 402.402(1)(b), F.S.  of study from a 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.

(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 a 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.

(d) Staff who perform direct counseling 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 www. AHCA.myflorida.com.

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

(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.

(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.

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

(a) Administrative procedures and overall program goals;

(b) Understanding of children’s emotional needs and problems which affect and inhibit their growth;

(c) Family relationships and the impact of separation;

(d) Substance abuse: recognition and prevention;

(e) Identification of and reporting responsibilities in regard to child abuse and neglect;

(f) Principles and practices of child care;

(g) Behavior management techniques, including crisis management and passive physical restraint;

(h) Emergency and safety procedures; and

(i) The screening, supervision and use of volunteers.

(j) Sexual orientation, gender identity, and gender expression.

(k) 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. 

(20) 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:

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

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

(c) Provisions for inexperienced direct care staff members to accompany experienced staff until new staff members are able to effectively protect the health and safety of children;

(d) Procedures for annual evaluation of the work and performance of each staff member and for six (6)-month evaluations of each new direct care staff member, which include provisions for employee participation in the evaluation process;

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

(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.

Rulemaking Specific Authority 409.175(5)(a) FS. Law Implemented 409.175(5)(a)1, 4, 5, 7, 9 FS. History–New 7-1-87, Formerly 10M-9.033, Amended____.

 

65C-14.024 Staffing Requirements.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Amended 8-3-88, Formerly 10M-9.034, Repealed______.

 

65C-14.025 Volunteers.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Amended 8-3-88, Formerly 10M-9.035, Repealed_______.

 

65C-14.026 Organization.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Amended 8-3-88, Formerly 10M-9.036, Repealed____.

 

65C-14.027 Confidentiality Related to HIV Infected Children.

Specific Authority 409.175 FS. Law Implemented 409.175, 381.609(3)(f)10. FS. History–New 9-19-90, Formerly 10M-9.037, Repealed____.

 

65C-14.040 Admission, Placement, and Ongoing Services Planning.

(1) The child-caring agency facility shall have written admission procedures which:

(a) Establish admission criteria which includes the ages of the children and young adults to be served;

(b) List the materials and forms required from the parent or guardian, parents or child or child-placing agency, and child;

(c) Outline preplacement procedures for the child, the child’s his parent or, guardian, the child-caring or child-placing agency and the Ddepartment; and

(d) For runaway shelters, include written policies and procedures governing the conditions under which it will serve children without parental consent. Describe the method used to assign each child to an appropriate group.

(2) The admission of each child in the care and custody of the Department to a residential child-caring agency shall follow completion of a pre-admission study completed by either the child-placing referring agency or the residential child caring agency, and shall include the following:

(a) A determination that the child can no longer remain in his home, the home of relatives or current living arrangements, and that group care is appropriate for the child’s to his needs. This determination shall be based upon interviews with the child, parent or, guardian, or other appropriate persons with relevant information.

(b) Orders of court commitment or a voluntary placement agreement with parents or, guardian, or child-placing agency legal custodian.

(c) A social history of the child, the child’s his family and other significant persons and any other information required by the residential child-caring agency.

(d) A written placement agreement signed by the parents or, guardian, or agency having legal custody of the each child admitted, including financial arrangements, and regulations and procedures designated to encourage and facilitate parental visitation.

(e) For transgender youth, a determination whether the youth should be placed with their gender assigned at birth or their identified gender.  Factors to be considered shall include:

1. The physical safety of the transgender youth;

2. The emotional well-being of the transgender youth;

3. The youth’s preference;

4. The recommendation of the youth’s guardian ad litem;

5. The recommendation of the youth’s parent, when parental rights have not been terminated;

6. The recommendation of the youth’s case manager; and

7. The recommendation of the youth’s therapist, if applicable.

(3) The child-caring agency facility shall only accept children who meet the admission criteria.

(4) No child shall be denied placement in any child-caring agency facility based on race, religion, gender, gender expression, sexual orientation, or transgenderism.

(5)(4) No child under the age of six (6) years, or the age of enrollment in the first grade of school, shall be admitted to a residential child-caring agency except under emergency circumstances or to prevent the separation of siblings or a parenting young adult and child a family. An emergency placement of a child under six (6) years shall be documented in the child’s case record, verifying that no alternate plan for care was available at the time of admission. Continued diligent effort shall be made, including referral to the Ddepartment to place a child under age six (6) in foster care or other appropriate care. Such plans shall be made within 30 days of the child’s admission. Residential care for children under six (6) years who are part of a sibling group may be continued, if separation would cause additional trauma to the child as appropriate.

(6) The child-caring agency shall provide prior to or at admission an orientation to living in the facility for each child and the child’s parent or guardian or child-placing agency staff.  The orientation shall include the following:

(a) Rules of the facility;

(b) Expections for the caregivers;

(c) Expections for the child;

(d) Behavior management practices;

(e) The inherent diversity of group home populations, including race, ethnicity, gender, religion, sexual orientation, gender expression; and transgenderism.

(7) The child-caring agency shall provide each child and the child’s parent or guardian and the Department with written policies governing the care of children, including visitation and discipline policies.

(8) The child-caring agency shall have written policies that encourage and support family visits, mail, telephone calls, and other forms of communication with parents, relatives, friends or others with whom the child may have a significant relationship. A copy of the policies shall be provided to all children, child-placing staff, parents or guardians, and the Department.

(9) The child-caring agency shall have a written agreement with the child and parent or guardian, and the Department or the licensed child-placing agency which describes the following:

(a) The frequency of contact with the child’s family and staff from the agency.

(b) A plan for sharing information about the child’s care and development with the parent or guardian, and the Department.

(c) The child-caring agency’s participation in the ongoing evaluation of the child’s needs and progress.

(d) Visitation plans for the child’s parent or guardian, agency or the Department.

(e) Provisions for service or treatment plan development and review.

(f) The conditions under which the child will be released from the program.

(g) A designation of responsibility for post-release services.

(10) The written agreement shall be kept in the child’s file and shall be available for review by the Department.

(11) A trauma-informed approach shall be used in all child-caring agencies.

(12) Each child’s needs and trauma history shall be considered when making roommate assignments.

(13) The child-caring agency shall develop a written service or treatment plan within 30 days of placement for each child admitted into care. Child-caring agencies operating as an emergency shelter shall initiate service planning within 24 hours of admission.

(14) The development of the service or treatment plan shall include:

(a) The child’s parents or guardian and other appointed representatives and a representative of the referring agency, if appropriate; and

(b) Child-caring agency staff.

(15) The service or treatment plan shall include the following:

(a) An assessment of the child’s and family’s needs, strengths, weaknesses, and problems;

(b) An assessment of the child’s life skills; educational, vocational, recreational and physical and behavioral health needs; and a plan for meeting the child’s needs;

(c) Arrangements for individual or group counseling, as needed; and

(d) A projection in regard to the child’s length of stay and an initial plan for discharge.

(16) The child-caring agency shall review each child’s service or treatment  plan at least every six (6) months. The review shall involve the child, the facility staff members working directly with the child, the parent or guardian, and the child-placing agency or Department.

(17) At the time of the review, the service or treatment plan shall be revised to include the following:

(a) Progress made toward achieving the goals established in the previous service or treatment plan.

(b) Any changes in the service or treatment plan.

(c) A projected date for the child’s release from care.

(18) Each child in residence shall attend school in accordance with the laws of the State of Florida. The child-caring agency shall plan jointly with school personnel and the parent or guardian or child-placing agency staff to place children in appropriate grades and classes and to help them make an adjustment to their school.

(19) Maintaining the child’s school stability while in out-of-home care in the school or educational setting the child attended prior to entry into the facility is first priority, unless remaining in the same school or educational setting is not in the best interest of the child for safety or other reasons as documented in FSFN.  Children shall be encouraged to participate in afterschool clubs, sports and other extracurricular activities.

(20) If an on-campus educational program is provided to resident children, the  program shall be designed to meet the educational needs of each child.  All on-campus educational programs must be accredited.

(21) If non-school age children are enrolled in child care, priority consideration for the choice of child care setting shall be chosen by the caregiver in the following order:

1. Gold Seal accredited child care providers or providers participating in a quality rating system;

2. Licensed child care providers;

3. Public school providers;

3. License exempt child care providers, including religious exempt, registered, and non-public schools.

(22) Residential child-caring agencies which provide therapeutic or psychiatric treatment programs shall integrate such programs with the child’s educational program.

(23) The residential child-caring agency shall encourage children of legal work age to find employment in the community in accordance with the service or treatment plan.  The child-caring agency shall ensure children have transportation to and from their employment.

(24) The residential child-caring agency shall encourage and assist children, as age-appropriate, to explore opportunities for higher education.

(25) The residential child-caring agency shall provide education and instruction in life skills which shall include the following:

(a) Vocational exploration opportunities;

(b) Problem solving and decision making;

(c) Independent living skills;

(d) Social skills;

(e) Internet safety; and

(f) In maternity homes, parenting skills and family planning.

Rulemaking Specific Authority 409.175(5)(a) FS. Law Implemented 409.175(5)(a)1, 2, 9,10 FS. History–New 7-1-87, Formerly 10M-9.041.  Amended____

 

65C-14.041 Medical Information.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.042. Repealed

 

65C-14.042 Orientation.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.043. Repealed

 

65C-14.043 Child's Case Record.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.044, Repealed___.

 

65C-14.044 Placement Agreement.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.045, Repealed___.

 

65C-14.045 Program Services for Children in Care.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.046, Repealed___.

 

65C-14.046 Continuing Service Plan and Review.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.047, Repealed___.

 

65C-14.047 Educational and Vocational Services.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.048, Repealed___.

 

65C-14.048 Discharge Release Planning and Post-release Services Aftercare.

(1) The residential child-caring agency facility shall have a written policy on discharge release planning and post-release aftercare services which shall specify the availability of services service and identify the staff member or agency responsible for follow-up and implementation of the plan.

(2) A child may only be discharged to the parent, guardian or child-placing agency, unless the child-caring agency facility is otherwise directed by the court.

(3) The residential child-caring agency facility shall prepare a written discharge summary release plan and document this in the child’s case record at least 14 calendar 45 days prior to the projected date of release from the facility, unless the release is unplanned and unforeseen as when a child becomes ill or absconds. A copy of the discharge summary plan shall be provided to the parent or guardian or referral agency at least seven (7) calendar 30 days prior to the proposed release date, unless the release is unplanned and unforeseen .

(4) The discharge summary plan shall include, but not be limited to the following:

(a) A summary of services, an assessment of goal achievement, and identification of the needs which remain to be met;.

(b) Recommendations for the child and family following release from care, including provisions for support and referrals;.

(c) The date and reasons for release, the name, address, telephone number and relationship of the person or agency to whom the child is being discharged; and.

(d) A copy of the child’s medical, dental, educational and other records for the use of the person or agency who will assume care of the child. 

Rulemaking Specific Authority 409.175(5)(a) FS. Law Implemented 409.175(5)(a)9 FS. History–New 7-1-87, Formerly 10M-9.049. Amended_____.

 

65C-14.049 Religious and Ethnic Heritage.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.050, Repealed____.

 

65C-14.050 Interior Space.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.052, Repealed____.

 

65C-14.051 Food Service.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Amended 8-3-88, Formerly 10M-9.053, Repealed____.

 

65C-14.052 Health Care.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.054, Repealed____.

 

65C-14.053 Apparel and Allowance.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87,Formerly 10M-9.055, Repealed____.

 

65C-14.054 Personnel.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.056, Repealed____.

 

65C-14.055 Job Functions and Staff Qualifications.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Amended 8-3-88, Formerly 10M-9.057, Repealed____.

 

65C-14.056 Staff Development.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.058, Repealed____.

 

65C-14.060 Standards for Contracted Emergency Shelters.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Amended 8-3-88, Formerly 10M-9.061, Repealed____.

 

65C-14.061 Standards for Runaway Shelters.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.066, Repealed____.

 

65C-14.072 Medical Information.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.072, Repealed____.

 

65C-14.074 Counseling Services.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.074, Repealed____.

 

65C-14.075 Education and Vocational Service.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.075, Repealed____.

 

65C-14.078 Interior Furnishings and Space.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.079, Repealed____.

 

65C-14.079 Staffing Requirements for Maternity Residences.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.080, Repealed____.

 

65C-14.080 Food Service.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Amended 8-3-88, Formerly 10M-9.081, Repealed____.

 

65C-14.090 Exemptions.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Amended 8-3-88, Formerly 10M-9.087, Repealed____.

 

65C-14.096 Case Plan.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.093, Repealed____.

 

65C-14.099 Aquatic Safety Procedures.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.096, Repealed____.

 

65C-14.100 Fire and Weather Safety.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.097, Repealed____.

 

65C-14.101 Sedentary Programs.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.098, Repealed____.

 

65C-14.102 Mobile Programs.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.099, Repealed____.

 

65C-14.104 Job Descriptions.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.101, Repealed____.

 

65C-14.110 Specific Exemptions for Wilderness Camps.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.104, Repealed____.

 

65C-14.111 Structural and Safety Requirements.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.105, Repealed____.

 

65C-14.112 Clothing and Personal Needs.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.106, Repealed____.

 

65C-14.113 Water Safety.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.107, Repealed____.

 

65C-14.114 Admission, Education and Case Record Procedures.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.108, Repealed____.

 

65C-14.115 Wilderness Camp Personnel Policies.

Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 7-1-87, Formerly 10M-9.109, Repealed____.

 

65C-14.116 Administrative Actions, Appeals and Closures.

(1) General Information. The Department is the Regional Licensing Authority for all child-caring agencies and has final authority for approval, denial or suspension of any license.

(a) The denial, revocation, or suspension of a license shall be recorded in FSFN by the Regional Licensing Authority.

(b) The Regional Licensing Authority shall notify the community-based care (CBC) lead agency immediately of negative action taken regarding a license.

(2) Denial of Initial Licensure.

(a) The Regional Licensing Authority shall have 90 days following receipt of a complete application packet to grant or deny the application in accordance with Section 120.60, F.S.

(b) If the Regional Licensing Authority determines that the applicant should not be licensed, the applicant shall be notified in writing within 10 business days of the determination, identifying the reasons for the denial, the statutory authority for the denial and the applicant’s right of appeal pursuant to Chapter 120, F.S. The applicant shall be afforded the opportunity to withdraw the application. If the applicant elects to withdraw the application, this must be documented in writing in the licensing file.

(3) Administrative Action for Existing Child-Caring Agencies.

(a) The Department shall consider the following factors when determining whether a child-caring agency’s license will be suspended or revoked:

1. Whether the agency has had licensing violations during the term of the license;

2. Whether the licensing violations compromise the safety or well-being of children; and

3. Whether the agency has failed to comply with a corrective action plan during the term of the license.

(b) If as a result of the investigation the Department makes a decision not to revoke, suspend, or deny further licensure, the Department shall prepare a written corrective action plan to correct the deficiencies. 

1. The plan shall be developed in conjunction with the child-caring agency.

2. The plan shall be in writing and signed by the executive director or designee of the child-caring agency.  A copy of the plan shall be provided to the agency.

3. Failure of the child-caring agency to timely comply with the corrective action plan shall result in suspension, denial of relicensure, or revocation of the license.

(c) If as a result of the investigation the Department makes a decision to revoke, suspend, or deny further licensure, notice shall be delivered via personal service or certified mail pursuant to s. 120.60(5), F.S., which shall include the statutory and rule violations that were found, shall advise of the action to be taken, and the right to challenge the action through an administrative proceeding as provided in Chapter 120, F.S.

(4) Documentation Requirements Prior to Administrative Action.

(a) Before making a determination that a license shall be denied, suspended or revoked, the following shall be documented in the licensing file:

1. All qualifying abuse reports and all reports of licensing violations and the outcome of the investigation;

2. List of all deficiencies or conditions, other than abuse or neglect of the children, which compromise the safety or well-being of the children;

3. The length of time and frequency of the noncompliance with the licensing requirements or deficiencies in caring for children;

4. The date of written notification to the licensee as to the deficiency and time given to the licensee to correct the deficiency;

5. The Regional Licensing Authority’s and/or CBC lead agency’s efforts to help the licensee come into compliance;

6. Barriers, if any, which prohibit the licensee from correcting the deficiencies; and

7. All license revocations and denials shall comply with requirements of Chapter 120, F.S.

(b) All documentation shall be reviewed with the Department’s legal counsel. The notice of revocation or denial shall not be sent to the child-caring agency without approval of the Department’s legal counsel.

(5) Voluntary Agency Closures.

(a) If a child-caring agency ceases operation for any reason, it shall notify the Department in writing at least 30 calendar days prior to closing and shall coordinate the following:

1. Transition of any children in its care to the applicable child-placing agency or to the Department; and

2. Return of all open and closed records to the Department.

(b) If a child-caring agency ceases operation, the Department shall document in FSFN:

1. The reason for closure and whether re-licensing would be recommended;

2. If renewal would not be recommended, the reasons re-licensing would not be recommended;

3. If the closure is voluntary and in lieu of revocation or denial of a license, the concerns of the Department regarding the child-caring agency.

Rulemaking Authority 409.175(5)(a) FS. Law Implemented 409.175(5)(a), (6) FS. History–New

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tory Wilson

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 5, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 6, 2015