Application and Certification Process, Administration and Operations, Services, Emergency Shelter Facilities, Monitoring and Evaluation  

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    DEPARTMENT OF CHILDREN AND FAMILY SERVICES

    Domestic Violence

    RULE NOS.:RULE TITLES:

    65H-1.012Application and Certification Process

    65H-1.013Administration and Operations

    65H-1.014Services

    65H-1.015Emergency Shelter Facilities

    65H-1.017Monitoring and Evaluation

    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. 40, No. 188, September 26, 2014 issue of the Florida Administrative Register.

    The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee.

     

    65H-1.012 Application and Certification Process.

    (1) through (3)(b) No change.

    (c)(b) Failure to comply with any of the requirements in Section 39.905, F.S. or this rule chapter constitutes grounds to deny, suspend, or revoke the certification as provided in Rule 65H-1.017, F.A.C. However, if the corrective action period extends beyond the June 30 expiration date, the Department will extend the certification for a period not to exceed 90 days to allow the center to complete a corrective ation plan as provided for in Rule 65H-1017, F.A.C.

    (d)(c) through (e) No change.

    Rulemaking Authority 39.903 FS. Law Implemented 39.903905 FS. History–New 11-30-09, Amended__________.

     

    Editorial Note: Formerly 65H-1.001, 65H-1.002.

     

    65H-1.013 Administration and Operations.

    The provider shall develop and implement written policies and procedures that ensure compliance with all provisions of this rule chapter and Sections 39.905 and 39.908, F.S. The provider shall make the written policies and procedures available provide a copy to all employees and volunteers upon their beginning date of employment or service, and, thereafter, as revised. Employees and volunteers must indicate in writing that they have read and understand the policies and procedures relevant to their position or volunteer duties, which must be documented in their personnel or volunteer file. At a minimum, the operating policies or and procedures shall address include the following:

    (1) Admission. The provider shall establish and implement written policies and procedures that identify who is eligible for services and how those services are accessed. Services shall not be denied to any person because of age, race, religion, color, disability, national origin, marital status, or gender as outlined in 45 CFR Parts 80, 83, 84, and 90. Prospective participants must be informed of the admission criteria and, if ineligible, the provider must provide referrals to other organizations that can provide assistance.

    (2) through (9) No change.

    (10)(11) No change.

    (a) No change.

    (b) Fiscal Records. The provider shall maintain an accounting system capable of distinguishing between all revenue sources and expenditures and in accordance with generally accepted accounting principles (GAAP) as defined by Rule 61H1-20.007, F.A.C., 9-29-02, which is incorporated by reference and may be obtained at www.flrules.org/gateway/ruleNo.asp?ID=61H1-20.007. The provider’s fiscal records shall provide an accounting of the revenue and expenditures of the certified center that is separate and distinct from other programs and services that may be operated by a parent entity such as a local government or an umbrella agency. The provider’s fiscal records must be available for inspection by the Department or Coalition upon request.

    (c) No change.

    (11)(12) No change.

    Rulemaking Authority 39.903 FS. Law Implemented 39.905 FS. History–New 11-30-09, Amended_________.

     

    Editorial Note: Formerly 65H-1.001, 65H-1.003.

     

    65H-1.014 Services.

    (1) through (9) No change.

    Rulemaking Authority 39.903 FS. Law Implemented 39.905, 39.908 FS. History–New 11-30-09, Amended__________.

     

    Editorial Note: Formerly 65H-1.001, 65H-1.003.

     

    65H-1.015 Emergency Shelter Facilities.

    (1) Design, Construction, and Accessibility. The provider shall ensure that the design and construction of new shelter facilities or alterations to an existing facility meet the minimum requirements of the applicable state and local governing agencies. All shelter facilities maintained by the provider shall No initial certifications shall be issued after the effective date of this rule to any provider whose shelter facility does not meet the requirements of Sections 553.501-.513, F.S., and the Americans with Disabilities Act Standards for Accessible Design in the Code of Federal Regulations, Title 28, Part 36, Appendix A. Facilities certified prior to the effective date of this rule must meet these minimum standards except where the cost of compliance with a particular standard would impose an undue burden on the provider, as described in the Code of Federal Regulations, Title 28, Section 35.150. Any alteration to a shelter facility certified prior to the effective date of this rule must meet the accessibility guidelines described above, as provided in the Code of Federal Regulations, Title 28, Section 36.402.

    (2) through (3) No change.

    Rulemaking Authority 39.903 FS. Law Implemented 39.905 FS. History–New 11-30-09, Amended__________.

     

    Editorial Note: Formerly 65H-1.001, 65H-1.003.

     

    65H-1.017 Monitoring and Evaluation.

    (1) through (4) No change.

    (5) The Department will suspend a center’s certification without allowing an opportunity for corrective action in the event a violation poses an imminent risk of serious harm to the health or safety of participants or staff members. A suspension will continue until the provider completes a corrective action plan, but will not exceed six months. If the provider does not successfully complete the corrective action plan within six months, the center’s certification will be revoked and certification renewal will be denied.

    Rulemaking Authority 39.903 FS. Law Implemented 39.903, 39.905 FS. History–New 11-30-09, Amended_________.

     

    Editorial Note: Formerly 65H-1.005.