Application, Staffing Requirements, Health and Safety Related Requirements, Health Records, Enforcement, Large Family Child Care Homes (LFCCH)
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Family Safety and Preservation ProgramRULE CHAPTER NO.:RULE CHAPTER TITLE:
65C-20Family Day Care Standards and Large Family Child Care Homes
RULE NO: RULE TITLE
65C-20.008: Application
65C-20.009: Staffing Requirements
65C-20.010: Health and Safety Related Requirements
65C-20.011: Health Records
65C-20.012: Enforcement
65C-20.013: Large Family Child Care Homes (LFCCH)NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 20, May 22, 2009 issue of the Florida Administrative Weekly.
These changes are being made to address changes requested during public hearings, written material received by the Child Care Program Office, technical changes and written comments received from the Joint Administrative Procedures Committee.
The proposed rule changes will have no transactional cost impact on small employers as defined in Section 288.703, F.S. Pursuant to Section 120.54(3)(b)1., F.S., the department’s prepared a statement of estimated regulatory costs. The cost of the initial hearing conducted by the impartial decision maker is estimated to be less than the $250.00 per hour. The estimated cost is determined to be approximately $250.00 per hour for review of the decision of the impartial decision maker. Any person who wishes to provide information regarding a statement of estimated regulatory costs must do so in writing within 21 days of this notice.
65C-20.008 Application.
(1) through (3)(a)2. No change.
3.(b) CF Form 1649A, January 2007, Child Care an Attestation of Good Moral Character, which is incorporated by reference, must be completed for all operators/applicants and all adult household members, annually or in accordance with the local licensing agency compliance and must be maintained in the department’s licensing file. A copy of the CF Form 1649A may be obtained from the licensing authority or on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare by clicking on the forms link.
4. No change.
(b) No change.
(a) The five (5) year re-screen is required for the operator/applicant and all other household members, including juveniles and substitutes, and must be maintained in the department’s licensing file.
1. through 3. No change.
4. Documentation/clearance from the five year re-screening must be included in the department’s licensing file.
(c) An operator, substitute and all household members /applicant, must be re-screened as outlined in Section 402.305, Florida Statutes following a break in operation of the family day care home that exceeds 90 days. A person in this category must undergo the same level of screening that was required at the time of initial operation of the family day care home.
(d) No change.
(4) No change.
(5) CF-FSP Form 5337, March 2009, Child Abuse & Neglect Reporting Requirements, which is incorporated by reference, must be signed annually by the operator and substitute(s). A copy of the CF-FSP Form 5337 may be obtained from the department’s website at www.myflorida.com/childcare.
Rulemaking Specific Authority 402.309, 402.313 FS. Law Implemented 402.302(13), 402.309, 402.313 FS. History–New 7-2-98, Amended 7-13-03, 9-12-04, 4-12-07, 5-1-08,________.
65C-20.009 Staffing Requirements.
(1) No change.
(a) “Foster Grandparents” are directly supervised volunteers who participate in the federal program pursuant to Title 45 Public Welfare, part 2552, Code of Federal Regulation. Foster grandparents work with one or more children with special or exceptional needs in child care programs. Foster grandparents are not counted in the staff-to-child ratio. Foster grandparents shall be required to have 100% attendance in the following department’s training courses: Family Child Care Home Rules and Regulations; Health, Safety, and Nutrition; Identifying and Reporting Child Abuse and Neglect; and Special Needs Appropriate Practices. Foster grandparents are not classified as child care personnel, and they may not be assigned the roles of teacher’s aides, group leaders or other similar positions.
(b) through (c) No change.
(2)(b)2. Personnel.
3. Family day care home operators must maintain written documentation (i.e. time records) of the number of hours a substitute worked in their home each day for the preceding 12 months. Substitutes may not work more than over 40 hours per month on average over a six month period during a 12 month period in any single home for which they have been identified as the designated substitute.
(c) No change.
(3) No change.
(a) through (b) No change.
(c) The operator and substitute must have certificate(s) of course completion for infant and child cardiopulmonary resuscitation (CPR) procedures and first aid training, which must be current and valid at all times. Certificates of course completion are valid based on the time frames established by each first aid and CPR training program, not to exceed three years. CPR courses must include an on-site instructor-based skills assessment that shall be documented by the certified CPR instructor. Documentation of completion of the online course and on-site assessment must be maintained at the facility and available for review by the licensing authority.
(d) Effective October 1, 2010, the department’s Training Transcript will be the only acceptable verification of successful completion of the department’s training. Training completion documented on CF-FSP Form 5267, March 2009, Child Care Training Course Completion Certificate, which is incorporated by reference, will no longer be accepted by the department after October 1, 2010, nor any previous version of the form. A copy of the department’s Training Transcript may be obtained from the department’s website at www.myflorida.com/childcare.
1. through 2. No change.
3. As of October 1, 2010, any course completion certificate not documented on the Training Transcript will be considered invalid, requiring that the course(s) be retaken. Until the coursework is retaken and completed, family day care homes will be out of compliance with the mandated training standard.
(e) Prior to beginning volunteering in a family day care home, a CF-FSP 5217, March 2009, Volunteer Affidavit, which is incorporated by reference, and may be obtained from the department’s website www.myflorida.com/childcare, must completed and on file at the family day care home for the volunteer.
(4) through (5) No change.
65C-20.010 Health and Safety Related Requirements.
(1) No change.
(a) through (h) No change.
(i) All in-ground swimming pools and above-ground swimming pools more than one (1) foot deep shall have either a fence or barrier on all four (4) sides, at a minimum of four (4) feet in height, separating the home from the swimming pool, or a pool alarm that is operable at all times when children are in care. The fence or barrier shall not have any gaps or openings that would allow a young child to crawl under, squeeze through, or climb over the barrier. All spas and hot tubs must meet the same barrier requirements for in-ground and above-ground swimming pools, or spas and hot tubs may be covered with a safety cover, that meet the requirements of defined in Section 515.25(1), F.S., that complies with (ASTM) F1346-91 (2003), Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Hot Tubs, and Spas, at all times when children are in care the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare by clicking on the forms link. The exterior wall of the home with an ingress and egress does not constitute a fence or barrier. All doors or gates in the fence or barrier shall be locked at all times when children are in care and when the pool is not being used by the children in care. In addition to the fence, barrier or pool alarm, the family day care home operator shall ensure that all exterior doors leading to the pool, spa, or hot tub area remain locked at all times while children are in care. Barriers may be temporary in nature, but must be sturdy and meet all the above requirements, and be in place during all times when children are in care. The wall of an above-ground swimming pool may be used as its barrier; however, such structure must be at least four (4) feet in height. In addition, any ladder or steps that are the means of access to an above-ground pool must be removed at all times while children are in care and when the pool is not being used by the children in care.
(j) through (m) No change.
(n) Children up to one (1) year of age must be in an individual crib, portacrib or playpen with sides. Crib sides must be raised and secured while an infant is in the crib and bar spacings may not exceed two and three-eighths inches. Cribs must meet the construction regulations as outlined in Title 16, sections Parts 1508.7 and 1509.8, Code of Federal Regulations, January 1, 2009, which is incorporated by reference January 1, 2004. A copy may be obtained from the department’s website, www.myflorida.com/childcare. No double or multi-deck cribs, cots or beds may be used. When napping or sleeping, young infants who that are not capable of rolling over on their own shall be positioned on their back and on a firm surface to reduce the risk of Sudden Infant Death Syndrome (SIDS), unless an alternative position is authorized in writing by a physician. The documentation shall be maintained in the child’s record.
(o) through (p) No change.
(q) Single service paper or plastic plates, utensils, and cups shall not be reused. Plates, utensils, cups, bottles and sippy cups provided by the family day care home that are not disposable shall be washed, rinsed, and sanitized between uses. All bottles and sippy cups prepared and used continuously throughout the day shall be individually labeled with the child’s first and last name. This does not limit any type of identification system in addition to names. Sippy cups or bottles and brought from home shall be individually labeled with the child’s first and last name and returned to the custodial parent or legal guardian daily.
(r) through (s) No change.
1. It is the responsibility of the director/operator to ensure all areas of the facility are free from fire hazards such as lint and dust build up in heating and air vents, filters, exhaust fans, ceiling fans, and dryer vents.
2. through 4. No change.
(t) No change.
(2) through (3)(b)2. No change.
3. All accidents, incidents, and observed health related signs and symptoms which occur at a family day care home must be documented on the day they occur. Documentation shall include the name of the affected party, date and time of occurrence, description of occurrence, actions taken, and signature of operator and custodial parent or legal guardian. This documentation must be shared with the custodial parent or legal guardian on the date of occurrence. Records of accidents, incidents, and observed health related signs and symptoms must be maintained for one (1) year. If the parent or legal guardian does not pick up the child on the date of occurrence of the accident or incident, the individual authorized to pick up the child must sign and be provided a copy of the accident/incident form.
4. During the home’s licensure year, fire Fire drills shall be conducted a minimum of 10 times monthly and shall be conducted at various dates and times when children are in care, and shall not occur less than 30 days apart. A written record shall be maintained showing the date, time, number of children in attendance, evacuation route used, and time taken to evacuate the home. This record shall be maintained for one year from the date of the fire drill six (6) months. The fire drills conducted must include, at a minimum:
a. One fire drills during the established napping/sleeping times,
b. One fire drill using different an alternate evacuation routes, and
c. One fire drill in the presence and at the request of the licensing authority in coordination with the operator.
5. The operator shall develop a written emergency preparedness plan to include, at a minimum, procedures to be taken by the family day care home during a fire, lockdown, and inclement weather (tornadoes).
6. Emergency preparedness drills shall be conducted when children are in care. Each drill, excluding the fire drills, outlined in the emergency preparedness plan must be practiced a minimum of one time per year, documentation of which must be maintained for one year. A current attendance record must accompany staff during the drill or actual emergency and must be used to account for all children.
7. The operator shall maintain a written record of the emergency preparedness drills showing the type of drill, date conducted, number of children in attendance, and time taken for all individuals to complete the drill.
8. Documentation of conducted fire and emergency preparedness drills must be available at the time of the inspection. Documentation produced after the inspection shall not meet the licensing standard or corrective action requirements.
9. No change.
(4) through (8) No change.
65C-20.011 Health Records.
(1) Immunizations
(a) The family day care home provider is responsible for obtaining, for each child in care, a current, complete and properly executed Florida Certification of Immunization form, Parts A-1, B, and/or C, DH 680 (April 2009 July 2001), or the Religious Exemption from Immunization form, DH 681 (July 2008) (May 1999), which are incorporated herein by reference, from the custodial parent or legal guardian. DH Form 680 and DH Form 681 may be obtained from the local health department. Immunizations received out-of-state are acceptable; however, immunizations must be documented on the Florida Certification of Immunization form and must be signed by a physician practicing in the State of Florida. Specific immunization requirements are included and detailed in the most current edition of the “Immunization Guidelines – Florida Schools, Child Care Facilities and Family Day Care Homes” as referenced in Rule 64D-3.011, F.A.C.
(b) The family day care home operator is responsible for obtaining, for each child in care, a current, complete and properly executed Student Health Examination form, DH 3040 (June 2002), incorporated herein by reference and may be obtained from the local county health department, or a signed statement by an authorized professional that indicates the results of the components of the form are included in the health examination from the custodial parent or legal guardian, within 30 days of enrollment. The Student Health Examination shall be completed by a person given statutory authority to perform health examinations.
(c) through (g) No change.
(2) No change.
(a) The operator shall obtain enrollment information from the child’s custodial parent or legal guardian prior to accepting the child into care. This information shall be documented on CF-FSP Form 5219, March 2009 January 2008, Child Care Application for Enrollment, which is incorporated by reference, or an equivalent that contains all the information required by the department’s form. CF-FSP Form 5219 may be obtained from the department’s Department of Children and Family Services website at www.myflorida.com/childcare or the local licensing agency.
(b) through (c) No change.
(d) Annually, during the months of August and September, the family day care home must provide parents with information detailing the causes, symptoms, and transmission of the influenza virus. To assist providers, the department developed a brochure, CF 175-70, June 2009, Influenza Virus, Guide to Parents, which may be obtained from the department’s website at www.myflorida.com/childcare.
65C-20.012 Enforcement.
(1) No change.
(a) through (c) No change.
(d) No change.
1. “Class I Violation” is an incident incidence of noncompliance with a Class I standard as described on CF-FSP Form 5318, March 2009 Family Day Care Home Standards Classifications Summary and CF-FSP Form 5317, March 2009 Large Family Child Care Home Standards Classification Summary, which is incorporated by reference. A copy of CF-FSP Form 5318 and 5317 may be obtained from the department’s website www.myflorida.com/childcare. Class I violations are the most serious in nature, pose an imminent threat to a child including abuse or neglect and which could or do result in death or serious harm to the health, safety or well-being of a child.
2. through 4. No change.
(2) through (3)(c) No change.
(d) Failure to submit a completed CF-FSP Form 5133, Application for a License to Operate a Family Day Care Home, which is incorporated by reference in subsection 65C-20.008(1), F.A.C., or CF-FSP Form 5238, Application for a License to Operate a Large Family Child Care Home, which is incorporated by reference in paragraph 65C-20.013(3)(a), F.A.C., for renewal of an annual license at least 45 days prior to the expiration date of the current license constitutes a licensing violation. The department shall issue an administrative complaint imposing a fine of $50.00 for the first occurrence, $100.00 for the second occurrence, and $200.00 for each subsequent occurrence within a five year period.
(e) No change.
1. No change.
a. No change.
b. For the third and subsequent violation of a Class I standard violation, the department shall issue an administrative complaint to suspend, deny or revoke the license. The department, upon applying the factors in Section 402.310(1), F.S., may also levy a fine not less than $100 nor more than $500 per day for each violation in addition to any other disciplinary sanction.
2. through 4. No change.
(4) No change.
Rulemaking Specific Authority 402.310, 402.313 FS. Law Implemented 402.310, 402.313 FS. History–New 7-2-98, Amended 7-13-03, 9-12-04, 4-12-07, 5-1-08,________.
65C-20.013 Large Family Child Care Homes (LFCCH).
(1) through (3) No change.
(4) No change.
(a)(d) Prior to caring for children, Tthe employee and substitute for the employee must, within 5 working days after starting work, submit to the employer a complete set of information necessary to conduct a screening under this section.
(b) Initial Screening. Screening information for the employee must be documented on CF-FSP Form 5131, March 2009, Background Screening and Personnel File Requirements, which is incorporated by reference. A copy of CF-FSP 5131 may be obtained from the department’s website www.myflorida.com/childcare.
(c) No change
(5) No change.
(a) No change.
1. No change.
2. “Begin training for child care personnel” refers to a candidate’s commencement of at least one (1) of the child care training courses listed in paragraph 65C-20.0013(5)(c), F.A.C. Section 402.305(2)(d), F.S. This may be accomplished by classroom attendance in a department-approved training course, acquiring an educational exemption from a department-approved training course, beginning a department-approved online child care training course, or by receiving results from completion of a department-approved competency examination within the first 90 days of employment in the child care industry in any licensed Florida family day care home or large family child care home. The large family child care home is responsible for obtaining documentation from child care personnel.
3. through 4. No change.
5. “Florida Child Care Professional Credential (FCCPC),” pursuant to Section 402.305(3)(b), F.S., certifies successful completion of is a department-approved training program that consists of a minimum of 120 hours of early childhood instruction, 480 contact hours with children ages birth through eight years (8), and at least two (2) methods of formal assessment that offers two (2) areas of certification.; “Birth Through Five” (formerly the department-approved CDA Equivalency training programs)” and “School-Age” (formerly the Florida School-Age Certification) Credentials must be documented on CF-FSP Form 5270, April 2006, Florida Child Care Professional Credential Certificate, which is incorporated by reference.” A copy of CF-FSP Form 5270 may be obtained from the department’s website at www.myflorida.com/childcare. Active credentials are valid for five years from the date of issuance. A list of approved and recognized FCCPC programs may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.
6. through 8. No change.
9. High School Diploma, GED and/or College Degree” means a diploma or degree obtained from institution accredited and recognized by U.S. Department of Education. High school diplomas issued by private schools that are registered with the Florida Department of Education will be accepted. If a high school diploma is earned outside the U.S., it must be translated by someone who is a member of the American Translators Association, an approved credential evaluation agency approved by the Bureau of Educators Certification, or an accredited college/university. If a college degree is earned outside the U.S., it must be evaluated by an approved credential evaluation agency approved by the Bureau of Educators Certification or an accredited college/university to be equivalent to a U.S. degree.
10. through 13. No change.
(b) No change.
1. Possess an active CF-FSP Form 5206, April 2005, Staff Credential Verification Confirmation, documented on the Training Transcript.
a. through c. No change.
d. Florida law requires that VPK instructional personnel possess an appropriate credential. If the department identifies that a designated VPK teacher does not have an active credential, the department will notify the local Early Learning Coalition or its designated representative.
2. No change.
a. No change.
b. Child care operators have one opportunity, if they choose, to exempt from one or more of the department’s training courses prior to attending training by successful completion of corresponding competency examinations. If the Part II training course is only available online, exemption examinations are not available.
c. No change.
3. No change.
a. through c. No change.
(c) through (d) No change.
(6) No change.
(a) Large family child care home employees may apply the mandated 30-clock-hour Family Child Care Home training may be used to meet the annual in-service training requirement during the first year of employment.
(b) through (c) No change.
(7) through (10) No change.
Rulemaking Specific Authority 402.309, 402.3131 FS. Law Implemented 402.302, 402.302(13), 402.305, 402.309, 402.3131 FS. History–New 5-21-00, Amended 1-4-01, 7-13-03, 9-12-04, 4-12-07, 5-1-08,________.
65C-20.014 Gold Seal Quality Care Program.
(1) through (b) No change.
1. through 2. No change.
3.(f) “Nationally Recognized” refers to an association whose accrediting body is recognized and is actively issuing accreditation certificates, accepted and present in at least five (5) states at the time of approval or which had been approved as a Gold Seal Quality Care Accrediting Association by the department prior to July 1, 2007.
(2) through (3) No change.
Rulemaking Specific Authority 402.281 FS. Law Implemented 402.281, 402.291 FS. History–New 5-1-08, Amended________.
