General Information, Physical Environment, Training, Health Related Requirements, Food and Nutrition, Record Keeping, Evening Child Care, School Age Child Care, Gold Seal Quality Care Program, Enforcement
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Family Safety and Preservation ProgramRULE CHAPTER NO.:RULE CHAPTER TITLE:
65C-22Child Care Standards
RULE NO: RULE TITLE
65C-22.001: General Information
65C-22.002: Physical Environment
65C-22.003: Training
65C-22.004: Health Related Requirements
65C-22.005: Food and Nutrition
65C-22.006: Record Keeping
65C-22.007: Evening Child Care
65C-22.008: School Age Child Care
65C-22.009: Gold Seal Quality Care Program
65C-22.010: EnforcementNOTICE 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 relating received by the Child Care Program Office, technical changes and comments 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-22.001 General Information.
(1) through (5) No change.
(6) Transportation. For the purpose of this section, vehicles refer to those that are owned,/operated, or regularly used by the child care facility and vehicles that provide transportation through a contract or agreement with an outside entity. Parents’ personal vehicles used during field trips are excluded from meeting the requirements in paragraphs 65C-22.001(6)(a)2., (b) & (c), F.A.C.
(a) When any vehicle is regularly used by a child care facility to provide transportation, the driver shall have the following:
1. through 2. No change.
(b) No change.
(c) All vehicles regularly used to transport children shall be inspected annually by a mechanic to ensure proper working order. Documentation by the mechanic shall be maintained in the vehicle.
(d) through (f) No change.
(g) Each vehicle shall be equipped with contact information for all children being transported. When transporting children with chronic medical conditions (such as asthma, diabetes or seizures), their emergency care plans and supplies or medication shall be available. The responsible adult shall be trained to recognize and respond appropriately to the emergency.
(7) through (11) No change.
Rulemaking Specific Authority 402.305, 402.309 FS. Law Implemented 402.305, 402.309, 402.3055, 402.308, 402.310 FS. History–New 6-1-97, Amended 3-17-99, 7-26-00, 1-4-01, 7-13-03, 9-12-04, 4-12-07, 5-1-08,________.
65C-22.002 Physical Environment.
(1) General Requirements.
(a) through (b) No change.
(c) It is the responsibility of the director/operator to ensure all areas of the facility are free from fire hazards, such as, lint build up in heating and air vents, filters, exhaust fans, ceiling fans, and dryer vents.
(d) through (j) No change.
(2) Rooms Occupied by Children.
(a) through (d) No change.
(e)(c) All rooms shall be kept clean, adequately ventilated and in good repair. Cleaning shall not take place while rooms are occupied by children except for general clean-up activities which are a part of the daily routine.
(f)(d) Rodents and vermin shall be exterminated. Pest control shall not take place while rooms are occupied by children.
(3) through (5) No change.
(a) through (b) No change.
(c)(f) 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 (2 3/8) inches. Cribs must meet the construction regulations as outlined in Title 16, Parts 1508 & 1509, Code of Federal Regulations, January 2009, which is incorporated by reference. A copy of may be obtained from the department’s website, www.myflorida.com/childcare. No double or multi-deck cribs, cots or beds may be used.
(d) No change.
(6) No change.
(7) Fire and Emergency Safety.
(a) No change.
(b) There shall be at least one (1) corded telephone in the child care facility that is neither locked nor located at a pay station and is available to all staff during the hours of operation.
(c) through (d) No change.
(e) During the facility’s licensure year, fire Fire drills shall be conducted a minimum of 10 times monthly and be conducted at various dates and times when children are in care, and shall not occur less than 30 days apart. A current attendance record must accompany staff out of the building during a drill or actual evacuation, and be used to account for all children. The fire drills conducted must include, at a minimum:
1. One fire drill during the established napping/sleeping times,
2. One fire drill using different an alternate evacuation routes, and
3. One fire drill in the presence and at the request of the licensing authority in coordination with the operator or designee.
(f) The operator shall maintain a written record of the monthly fire drills showing the date, number of children and staff in attendance, evacuation route used, and time taken for all individuals to evacuate the premises. Each fire drill monthly record shall be maintained for a minimum of one year four (4) months from the date of the fire drill.
(g) When the facility’s fire alarm is activated, all adults and children must evacuate the facility.
(h) The operator shall develop a written emergency preparedness plan to include, at a minimum, procedures to be taken by the child care facility during a fire, lockdown and inclement weather (tornadoes).
(i) Emergency preparedness drills shall be conducted when children are in care. Each drill, excluding 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.
(j) The operator shall maintain and post in a conspicuous location a written record of emergency preparedness drills showing the type of drill, date conducted, number of children and staff in attendance, and time taken for all individuals to complete the drill.
(k) 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.
(l) After a fire or natural disaster, the operator must notify the licensing authority within 24 hours as to their operational status in order for the licensing authority to ensure health standards are being met for continued operation.
(8) No change.
(9) No change.
65C-22.003 Training.
(1) No change.
(a) through (g) No change.
(h) “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 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.
(j) through (l) No change.
(m) Foster Grandparents” are directly supervised volunteers who participate in the federal program pursuant to 45 Code of Federal Regulations part 2552. 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: Child Care Facility 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.
(n) “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.
(o) through (t) No change.
(2) No change.
(3) Exemptions from the Introductory Child Care Training.
(a) Competency Examination Exemptions. Child care personnel have one (1) opportunity, if they choose, to exempt from one (1) or more of the department’s Introductory Child Care Training courses prior to attending training by achieving successful completion of corresponding competency examinations with a weighted score of 70 or better on the corresponding competency examination(s). If the Part II training course is only available online, exemption examinations are not available. Exemption examinations are not available for the department’s online Part II specialized training courses.
(b) No change.
(4) Documentation of Training. Effective October 1, 2010, the department’s Training Transcript will be the only acceptable verification of successful completion of the department’s training. completed successfully will be documented on the Ttraining completion documented transcript or on CF-FSP Form 5267, March 2009 April 2006, Child Care Training Course Completion Certificate, which is incorporated by reference, will no longer be accepted by the department after October 1, 2010, nor will any previous version of the form. CF-FSP 5267. Form CF-FSP 5267 is provided to participants upon completion of a department approved training course. A copy of the department’s Training Transcript 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 training link.
(a) A copy of the CF-FSP Form 5267 until October 1, 2010, or Ttraining Ttranscript must be included in each staff member’s child care personnel record and maintained at each child care facility.
(b) A copy of the CF-FSP Form 5267 until October 1, 2010, or Ttraining Ttranscript for the director of a child care facility must be included in the department’s official licensing file.
(c) Training documented on CF-FSP Form 5267 that is not included on an individual’s Training Transcript must be sent to the department or designated representative prior to October 1, 2010, to be documented on the individual’s Training Transcript.
(d) 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, child care facilities will be out of compliance with the mandated training standard.
(5) through (6) No change.
(7) Staff Credentials.
(a) Staff Credential Requirement. Pursuant to Section 402.305(3), F.S. a licensed child care facility must have a minimum of one (1) credentialed staff member for every 20 children.
1. A credentialed staff member is defined as a child care professional who has been issued a CF-FSP Form 5206, January 2008, Staff Credential Verification documented on the individual’s Training Transcript, which is incorporated by reference, by the department. 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.
(b) through (e) No change.
(8) No change.
(a) Director Credential Requirement. Pursuant to Section 402.305(2)(f), F.S., every child care facility must have a credentialed director. An individual with an inactive Director Credential is ineligible to be the director of a child care facility. An applicant for the Director Credential or Advanced Director Credential must meet the requirements referenced in CF-FSP Form 5290, March 2009 April 2006, Florida Child Care Director Credential and Renewal Verification and Application, which is incorporated by reference. CF-FSP Form 5290 may be obtained from on the department’s Department of Children and Family Services website at: www.myflorida.com/childcare. All applications and documentation will be verified, and if complete, the credential will be issued by the dDepartment or designated representative of Children and Family Services on CF-FSP Form 5252, April 2006, Florida Director Credential Certificate, incorporated by reference. Form CF-FSP 5252 is issued to participants upon meeting the requirements for issuance of a Director Credential.
1. No change.
2. Each child care facility must have a credentialed director who that is on-site a majority of hours, excluding weekends and evening hours that the facility is in operation that the facility is in operation. Documentation of majority of hours must be maintained and available for review by the licensing authority.
3. through 5. No change.
(b) through (e) No change.
65C-22.004 Health Related Requirements.
(1) through (2)(a) No change.
(b) Certificate(s) of course completion are valid based on the time frames established by each first aid and CPR training program, not to exceed three (3) years. CPR courses must include an on-site instructor-based skills assessment by a 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. On-line CPR courses are not acceptable to meet this standard. CPR training must be done by classroom instruction. Documentation that identifies staff members who have met the first aid and infant and child cardiopulmonary resuscitation (CPR) training requirement shall be kept on file at the child care facility.
(c) through (d)2. No change.
3. All accidents and incidents which occur at a facility or while a child is in the care of facility staff must be documented on the day they occur. This documentation must be shared with the custodial parent or legal guardian on the date of occurrence. Documentation shall include the name of the affected party, date and time of occurrence, description of occurrence, actions taken and by whom, and appropriate signatures of facility staff and custodial parent or legal guardian. The documentation must be and 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.
(3) No change.
65C-22.005 Food and Nutrition.
(1) through (3)(c) No change.
(d) All bottles and sippy cups prepared and used continuously throughout the day or brought from home shall be individually labeled with the child’s first and last name. Sippy cups and bottles brought from home shall be returned to the custodial parent or legal guardian daily.
(e) through (f) No change.
65C-22.006 Record Keeping.
(1) through (2) No change.
(a) The child care facility is responsible for obtaining for each child in care a current, complete and properly executed Student Health Examination form DH 3040 (June 2002), which is incorporated herein by reference and may be obtained from the local county health department, from the parent or legal guardian or a signed statement by authorized professionals that indicates the results of the components of the Student Health Examination form are included in the health examination. The Student Health Examination shall be completed by a person given statutory authority to perform health examinations.
(b) No change.
(c) The child care facility is responsible for obtaining for each child in care a current, complete and properly executed Florida Certification of Immunization form Part A-1, B, 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 county 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 promulgated by the Florida Department of Health.
(d) through (g) No change.
(3) No change.
(a) through (c) No change.
1. through 2. No change.
3. Annually, during the months of August and September, the child care facility director must provide parents with information detailing the causes, symptoms, and transmission of the influenza virus. To assist providers the department developed a brochure, CF/PI 175-70, June 2009, Influenza Virus, Guide to Parents, which may be obtained from the department’s website at www.myflorida.com/childcare.
4. Prior to beginning volunteering in a child care facility, 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 child care facility for the volunteer.
(4) No change.
(a) though (e)4. No change.
5.2. A copy of all background screening clearance documents for the director and owner must be included in the department’s official licensing file or in accordance with the appropriate local licensing agency requirements.
6. through 7. No change.
(f) through (g) No change.
(5) Summary of Records. In addition to the documentation outlined in subsections 65C-22.006(1)-(4), above F.A.C., the following is a list of records that shall be maintained at the facility, and that shall be available during the hours of operation for review by the licensing authority:
(a) No change.
(b) Documentation of parental permission for field trips. mMust be retained for a minimum of four (4) months as referenced in paragraph 65C-22.001(7)(c)(b), F.A.C.
(c) through (d) No change.
(e) Written record of monthly fire drills. mMust be maintained for a minimum of one year four (4) months as referenced in paragraph 65C-22.002(7)(f)(d), F.A.C.
(f) through (h) No change.
(i) Emergency evacuation plan and emergency preparedness plan as referenced in subparagraph 65C-22.002(7)(h)-(k) 65C-22.004(2)(d)5., F.A.C. Written records of emergency preparedness plan drills must be maintained for one year from each drill.
(j) through (m) No change.
65C-22.007 Evening Child Care.
(1) through (3) No change.
65C-22.008 School Age Child Care.
(1) through (2)(b) No change.
(c) An “After School Program” serving school-age children is not required to be licensed if the program meets one of the following criteria, and complies with the minimum background screening requirements provided in Sections 402.305 and 402.3055, Florida Statutes:
1. through 4. No change.
(d) No change.
1. through 3. No change.
4. A completed CF-FSP Form 5017 5272 for renewal of an annual license must be submitted to the licensing authority at least 45 days prior to the expiration date of the current license to ensure that a lapse of licensure does not occur. Failure to submit a completed CF-FSP Form 5017 at least 45 days prior to the expiration date of the current license constitutes a licensing violation as defined in paragraph 65C-22.010(2)(d), F.A.C.
(e) No change.
(3) No change.
(a) through (d) No change.
(e) General Requirements.
1. All school-age child care programs facilities must be clean, in good repair, and free from health and safety hazards and from vermin infestation. During the hours that the program is in operation, no portion of the building shall be used for any activity which endangers the health and safety of the children. It is the responsibility of the director/owner 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 8. No change.
(f) No change.
1. No change.
2. All rooms shall be kept clean, adequately ventilated and in good repair. Cleaning shall not take place while rooms are occupied by children except for general clean-up activities which are a part of the daily routine.
3. Rodents and vermin shall be exterminated. Pest control shall not take place while rooms are occupied by children.
(g) Napping and Sleeping Space. For the purposes of this standard, sleeping refers to the normal night time sleep cycle while napping refers to a brief period of rest during daylight or early evening hours. Each school-age child care program must include a designated area where each child can sit quietly or lie down to rest or nap. When not in use, napping space and usable indoor floor space may be used interchangeably as described in paragraph 65C-22.008(3)(i), below F.A.C.
(h) through (m) No change.
1. through 2.a. No change.
b. Certificate(s) of course completion are valid based on the time frames established by each first aid and CPR training program, not to exceed three (3) years. CPR courses must include an on-site instructor-based skill assessments by a 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. Online CPR courses are not acceptable to meet this standard. CPR training must be done by classroom instruction. Documentation that identifies staff members have met the first aid and child cardiopulmonary resuscitation (CPR) training requirement shall be kept on file at the school-age child care program facility.
c. No change.
3. No change.
a. through b. No change.
c. All accidents and incidents which occur at a school-age child care program or while a child is in the care of program staff must be documented on the day they occur. This documentation must be shared with the custodial parent or legal guardian on the date of occurrence. Documentation shall include the name of the affected party, date and time of occurrence, description of occurrence, actions taken and by whom, and appropriate signatures of program staff and custodial parent or legal guardian. The documentation must be and 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. No change.
(n) through (r) No change.
(s)(r) Fire and Emergency Safety.
1. through 4. No change.
5. During the facility’s licensure year, fire Fire drills shall be conducted a minimum of 10 times and be conducted monthly at various dates and times when children are in care, and shall not occur less than 30 days apart. A current attendance record must accompany staff out of the building during a drill or actual evacuation, and be used to account for all children. The fire drills conducted must include, at a minimum:
a. One fire drill using an alternate evacuation routes, and
b. One drill in the presence and at the request of the licensing authority in coordination with the operator or designee.
6.4. The operator shall maintain a written record of monthly fire drills showing the date, number of children and staff in attendance, evacuation route used, and time taken for all individuals to evacuate the premises. Each monthly record shall be maintained for a minimum of one year four (4) months from the date of the fire drill.
7. When the school-age program’s fire alarm is activated, all adults and children must evacuate the facility.
8. The operator shall develop a written emergency preparedness plan to include, at a minimum, procedures to be taken by the child care facility during a fire, lockdown, and inclement weather (tornadoes).
9. 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.
10. The operator shall maintain and post in a conspicuous location a written record of emergency preparedness drills showing the type of drill, date conducted, number of children and staff in attendance, and time taken for all individuals to complete the drill.
11. 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.
12. After a fire or natural disaster, the operator must notify the licensing authority within 24 hours as to their operational status in order for the licensing authority to ensure health standards are being met for continued operation.
(t)(s) Transportation. For the purpose of this section, vehicles refer to those owned,/operated, or regularly used by the school-age child care program, and vehicles that provide transportation through a contract or agreement with an outside entity. Parents’ personal vehicles used for transporting during field trips are excluded from meeting the requirements in paragraphs 65C-22.001(6)(a)2., (b) & (c), F.A.C.
1. When any vehicle is regularly used by a school-age child care program to provide transportation, the driver shall have the following:
a. through b. No change.
2. No change.
3. All vehicles regularly used to transport children shall be inspected annually by a mechanic to ensure that they are in proper working order. Documentation by the mechanic shall be maintained in the vehicle.
4. through 10. No change.
11. Each vehicle shall be equipped with contact information for all children being transported. When transporting children with chronic medical conditions (such as asthma, diabetes or seizures), their emergency care plans and supplies or medication shall be available. The responsible adult shall be trained to recognize and respond appropriately to the emergency.
12. No change.
(u) No change.
1. through 2. No change.
3. Enrollment Information. The facility operator shall obtain enrollment information from the child’s custodial parent or legal guardian prior to accepting a child in care. This information shall be documented on CF-FSP Form 5219, Child Care Application for Enrollment, which is incorporate by reference in subsection 65C-22.006(3), F.A.C., or an equivalent form that contains all the information required by the dDepartment of Children and Family Services on CF-FSP Form 5219. CF-FSP Form 5219 may be obtained from the licensing authority or by going to the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.
a. through b. No change.
c. No change.
(I) The department’s Department of Children and Family Services child care facility brochure, CF/PI 175-24, Know Your Child Care Facility, which is incorporated by reference in subparagraph 65C-22.006(3)(a)1., F.A.C. This brochure may be obtained from the licensing authority or by going to the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. Local licensing agencies may use an equivalent brochure approved by the dDepartment of Children and Family Services.
(II) No change.
(III) Annually, during the months of August and September, the child care facility director must provide parents with information detailing the causes, symptoms, and transmission of the influenza virus. To assist providers the department developed a brochure, CF/PI 175-70, June 2009, Influenza Virus, Guide to Parents, which may be obtained from the department’s website at www.myflorida.com/childcare.
4. No change.
a. through b. No change.
c. CF-FSP Form 5337, Child Abuse & Neglect Reporting Requirements, which is incorporated by reference in paragraph 65C-22.006(4)(c), F.A.C., must be signed annually by all child care personnel. Signed statement that the employee understands the statutory requirements for professionals’ reporting of child abuse and neglect.
d. Prior to beginning volunteering in a school age program, 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 facility for the volunteer.
e.d. Initial Screening. Level 2 Sscreening information must be documented on CF-FSP Form 5131, Feb. 2004, Background Screening and Personnel File Requirements, which is incorporated by reference in paragraph 65C-22.006(4)(d), F.A.C., Screening includes the following:
(I) through (III) No change.
e. No change.
(I) through (III) No change.
(IV) A copy of all background screening clearance documents for the director and owner must be included in the department’s official licensing file or in accordance with the appropriate local licensing agency requirements.
f. through i. No change.
5. No change.
a. through g. No change.
h. Record for each child receiving medication. Must be maintained for a minimum of four (4) months after the last day the child received the dosage as referenced in sub-subparagraph 65C-22.008(3)(m)4.3.f., above F.A.C.
i. through k. No change.
(4) No change.
(a) No change.
1. through 6. No change.
7. “Foster Grandparents” are directly supervised volunteers who participate in the federal program pursuant to 45 Code of Federal Regulations part 2552. 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: Child Care Facility 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.”
8. 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. “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. 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.
9. through 13. No change.
(b) through (c) No change.
(d) Documentation of Training. 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, April 2006, Child Care Training Course Completion Certificate, which is incorporated by reference, will no longer be accepted by the department after October 1, 2010, nor will any previous versions. Form CF-FSP 5267 is provided to participants upon completion of a department approved training course. A copy of the department’s Training Transcript may be obtained from the department’s website at www.myflorida.com/childcare.
1. A copy of the CF-FSP Form 5267 until October 1, 2010, or Training Transcript must be maintained at the school-age child care program.
2. A copy of the CF-FSP Form 5267 until October 1, 2010, or Training Transcript for the director of a school-age child care program must be maintained in the department’s licensing file.
3. Training documented on CF-FSP Form 5267 that is not included on the Training Transcript must be sent to the department or designated representative prior to October 1, 2010, to be documented on the individual’s Training Transcript.
4. As of October 1, 2010, any course completion certificate not documented on the Training Transcript will be considered invalid, requiring that the course(s) retaken. Until the coursework is retaken and completed, child care facilities will be out of compliance with the mandated training standard.
(e) through (g) No change.
(h) No change.
1. through 2. No change.
3. Documentation of the in-service training requirement must be recorded on CF-FSP Form 5268, Child Care In-Service Training Record, which is incorporated by reference in paragraph 65C-22.003(6)(c), F.A.C., and included in the child care facilities’ personnel records. CF-FSP Form 5268 may be obtained from the licensing authority or on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. A new in-service training record is required each fiscal year. The in-service training records for the previous two (2) fiscal years must also be maintained at the school-age child care program facility for review by the licensing authority.
(4)(a) through (h) No change.
(i) No change.
1. Director Credential Requirement. Pursuant to Section 402.305(2)(f), F.S., a child care facility must have a credentialed director. An individual with an inactive Director Credential is ineligible to be the director of a child care facility. An applicant for the Director Credential or Advanced Director Credential must meet the requirements referenced in CF-FSP Form 5290, March 2009, Florida Child Care Director Credential and Renewal which is incorporated by reference in paragraph 65C-22.003(8)(a), F.A.C. Verification and Application. CF-FSP Form 5290 may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. All applications and documentation will be verified, and if complete, the credential will be issued by the dDepartment or designated representative of Children and Family Services on CF-FSP Form 5252, April 2006, Florida Director Credential Certificate, which is incorporated by reference in paragraph 65C-22.003(8)(a), F.A.C.
(a) through (e) No change.
2. through 4. No change.
65C-22.009 Gold Seal Quality Care Program.
(1) No change.
(a) through (c) No change.
(d) “Gold Seal Quality Care Accrediting Association” refers to an accrediting association that has applied for and been approved by the department as a Gold Seal Quality Care Accrediting Association.
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 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.
65C-22.010 Enforcement.
(1) No change.
(a) No change.
(b) “Probation” is a licensing status indicating the license is in jeopardy of being revoked or not renewed due to violations of licensing standards. Probation may require the licensee to comply with specific conditions intended to ensure that the licensee comes into and maintains compliance with licensing standards. Examples of such conditions are: a deadline to remedy an existing violation, a specified period during which compliance with licensing standards must be strictly maintained; and specified conditions under which the facility must operate during the probationary period a violation or violations, which are within the control of the facility, to become compliant with licensing standards.
(c) through (d) No change.
1. “Class I Violation” is an incident incidence of noncompliance with a Class I standard as described on CF-FSP Form 5316, March 2009 October 2007, Child Care Facility Standards Classification Summary, which is incorporated by reference. A copy of the CF-FSP Form 5316 may be obtained from the department’s website at 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 does result in death or serious harm to the health, safety or well-being of a child.
2. through 4. No change.
(2) No change.
(a) through (c) No change.
(d) Failure to submit a completed CF-FSP Form 5017, Application for a License to Operate a Child Care Facility, which is incorporated by reference in paragraph 65C-22.001(1)(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 violations, 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.
