Chapter 2010-210, s.7, Laws of Florida, amended section 402.281(2), Florida Statutes, to require the department to adopt rules that establish Gold Seal Quality Care accreditation standards for child care facilities. Chapter 2010-210, s. 7, Laws of ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-22.009Gold Seal Quality Care Program

PURPOSE AND EFFECT: Chapter 2010-210, s.7, Laws of Florida, amended Section 402.281(2), Florida Statutes, to require the department to adopt rules that establish Gold Seal Quality Care accreditation standards for child care facilities. Chapter 2010-210, s. 7, Laws of Florida, also amended Section 402.281(5), Florida Statutes, to require the department to adopt rules for approving accrediting associations for participation in Gold Seal Quality Care Program.

SUMMARY: The proposed rule will require minimum standards for child care providers seeking Gold Seal designation and establish the approval process for accrediting associations participating in the Gold Seal Quality Care Program.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will 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 been prepared by the Agency.

The Agency has determined that this will 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. The Agency has prepared a statement of estimated regulatory costs (SERC) for this rule. The Department anticipates license-exempt child care providers who are currently Gold Seal designated and who wish to maintain the designation will experience direct regulatory costs in the form of the Department or local licensing agency licensing fee, and indirect regulatory costs in the form of staff training and credentialing to meet licensing standards for child care personnel. The proposed rule does not increase regulatory costs for other child care providers because participation in Gold Seal designation is voluntary and does not impact licensure. The approved accrediting associations which accredit Gold Seal providers assess their own fees independent of the Department or Department rule. The Department issues Gold Seal designations at no cost to providers that meet the criteria in Section 402.281, Florida Statutes. Gold Seal designated programs may be reimbursed at a higher rate under Voluntary Pre-K and/or School Readiness programs, and may be eligible for tax exemptions, but the Department is not involved in the administration of those programs.

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 Agency has determined the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs because the Department does not estimate direct and indirect regulatory costs related to the rule will exceed $1 million in the aggregate within five years. A copy of the SERC is available from the contact person for this rule identified below.

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: 402.281 FS.

LAW IMPLEMENTED: Chapter 2010-210, s.7, Laws of Florida.

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: Dinah Davis, Child Care Regulation and Background Screening Program Office; 1317 Winewood Boulevard, Building 6, Room 389A, Tallahassee, Florida 32399-0700 or call [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-22.009 Gold Seal Quality Care Program.

(1) Definitions.

(a) “Class I Violation” has the same meaning as provided for the same term in paragraph 65C-22.010(1)(d), F.A.C.

(b) “Class II Violation” has the same meaning as provided for the same term in paragraph 65C-22.010(1)(d), F.A.C.

(c)  “Class III Violation” has the same meaning as provided for the same term in paragraph 65C-22.010(1)(d), F.A.C.

(d) Gold Seal Quality Care Provider refers to means a child care program, regulated by the department or local licensing authority, that meets the accreditation compliance requirements in is accredited by a nationally recognized accrediting association pursuant to Section 402.281(1), F.S.

(b) “Effective” refers to the beginning date of a Gold Seal Quality Care provider’s designation certificate issued by the Child Care Program Office.

(c) “Expired” refers to the end date of a provider’s Gold Seal Quality Care designation certificate issued by the Child Care Program Office.

(e)(d) “Gold Seal Quality Care Accrediting Association” means an refers to an accrediting association that has applied to for and been approved by the Ddepartment as an accrediting association for the purpose of Gold Seal Designation pursuant to Section 402.281(3), F.S.

1. “Active” refers to the status of a Gold Seal Quality Care Accrediting Association that has met all criteria for accreditation and has been designated a Gold Seal Quality Care Accrediting Association by the department.

2. “Inactive” refers to the status of a Gold Seal Quality Care Accrediting Association in which all criteria for accreditation are no longer being successfully met or where an entity has failed to renew its active designation.

3. “Nationally Recognized” refers to an association whose accrediting body is recognized and is actively issuing accreditation certificates in at least five states.

(f) “Regulated by the Department” means a child care facility that has been licensed by the Department or a child care facility that is exempt from licensure pursuant to Section 402.3025 or Section 402.316, Florida Statutes, that has agreed to periodic inspection by the Department as part of the application process.

(2) Gold Seal Quality Care Provider Requirements.

(a) Gold Seal Quality Care Provider Designation Certificate.

A Pursuant to Section 402.281(1), F.S., a child care program regulated by the Department facility seeking to obtain a designation as a Gold Seal Quality Care provider shall apply to the Department on form CF-FSP Form 5386, November 2014, Gold Seal Quality Care Provider Application, which is hereby incorporated by reference, and provide all supporting documentation required by the form. This form may be obtained from the Department’s website at www.myflorida.com/childcare or from the following link [  ]. Once reviewed and approved by the Department, the designation will be issued in the name of the provider. The designation will be effective the date approved by the Department through the duration of the provider’s accreditation certification, up to a maximum of five years, unless terminated by the Department or voluntarily surrendered by the provider, or if accreditation is revoked by the accrediting association.

(b) In order to obtain and maintain Gold Seal designation, the applicant must:

1. Be accredited by an approved Gold Seal Quality Care Accrediting Association. The name on the accrediting association certificate required by form CF-FSP Form 5386, must be the same as on the provider’s license provide the department with documentation of accreditation by an accrediting association that has been approved by the department. Acceptance of the documentation is subject to verification by the issuing accrediting association. A list of approved accrediting associations may be obtained from the department’s website at www.myflorida.com/childcare or from the following link [  ].

2. Meet the criteria of Section 402.281(4), F.S.

(c) To renew a Gold Seal Quality Care designation, the provider must submit CF-FSP Form 5386 at least 30 days prior to expiration of the current designation. The Department cannot guarantee late-filed renewal forms will be processed in time to avoid a lapse in the designation.

(3)(b) Gold Seal Quality Care Enforcement.

(a)1. Gold Seal Quality Care providers must maintain accreditation and continuously meet the standards established by a their Gold Seal Quality Care Accrediting Association in order to retain their designation. A provider’s facility’s Gold Seal designation will be terminated upon expiration of its accreditation, or when its accreditation is surrendered or lost. The Gold Seal designation termination will be effective on the expiration date or on the date the accrediting association no longer acknowledges the provider’s accreditation. In order to obtain and maintain Gold Seal Quality Care provider designation, a child care facility must meet the additional criteria outlined in Section 402.281(3), F.S.

(b)2. A provider’s Gold Seal designation will be terminated if the Department or local licensing agency determines the provider has committed a disqualifying minimum standards violation as defined in Section 402.281(4), F.S. The termination will be effective as of the date of final agency action on the termination. The effective date of a termination of a provider’s Gold Seal Quality Care designation is the date of the department’s written notification to the provider.

(c)3. The Department will notify providers accredited by a Gold Seal accrediting association that has lost its status as an approved accrediting entity and will afford such providers 180 days from the date of notification to obtain a new accreditation certificate from an approved Gold Seal Quality Care Accrediting Association. The Department will thereafter terminate the Gold Seal designation of any provider that is not accredited by an approved accrediting association at the conclusion of the 180-day period. If a provider receives accreditation from an inactive accrediting association, it shall not be recognized as a Gold Seal Quality Care Provider.

(4)(3) Gold Seal Quality Care Accrediting Association Requirements.

(a) An aAccrediting associations seeking recognition as a Gold Seal Quality Care Accrediting Association must:

1. Have been active and accrediting child care programs in Florida for a period of five years prior to submission of an application to the Department.

2. Hold an active corporation registration with the Florida Department of State to do business in Florida. complete and attest to the requirements referenced on CF-FSP Form 5315, March 2009,

3. Submit and meet all requirements outlined on the Gold Seal Quality Care Accrediting Association Application, CF-FSP Form 5315, November 2014, which is incorporated by reference. CF-FSP Form 5315 may be obtained from the department’s website at www.myflorida.com/childcare or from the following link [  ].

4. Submit a crosswalk of the Accrediting Association’s standards with the Department’s Gold Seal Quality Standards.

(b) Applications will be accepted only in January and July each year. An accrediting association whose application is denied cannot reapply until at least six months from the date of the denial. Denial of an application requires a minimum of a six month waiting period from the date of denial before re-submission during the next scheduled acceptance month.

(c) An application and all supporting documentation submitted by an accrediting association for approval as a Gold Seal Quality Care Accrediting Association will be reviewed in consultation with entities described in section 402.281(3), F.S. Applicants must obtain an overall compliance percentage of 85% or higher of the standards outlined on form CF-FSP 5389, November 2014, Gold Seal Quality Care Accrediting Association Evaluation Manual for Child Care Facilities. This form is incorporated by reference and is effective within 90 days of the effective date of this rule. A copy may be obtained from the Department’s website www.myflorida.com/childcare or from the following link [  ]. The Department will evaluate applications in the manner described in  the Gold Seal Quality Care Program Review Process and Procedures document, which is incorporated by reference and may be obtained from the Department’s website at www.myflorida.com/childcare or from the following link [  ].

(d) The Department’s Gold Seal Quality Care Standards are established in CF-FSP Form 5387, November 2014, Gold Seal Quality Care Standards for Child Care Programs, which is incorporated by reference and is effective within 90 days of the effective date of this rule. A copy of this form may be obtained from the Department’s website at www.myflorida.com/childcare or from the following link [ ].

(e) A Gold Seal Quality Care Accrediting Association approval is valid only for the entity to which it is issued for a maximum of five years, unless terminated by the Department or voluntarily surrendered during the approved period.

(f) A Gold Seal Quality Care Accrediting Association must annually submit the Attestation on page 5 of the Gold Seal Quality Care Accrediting Association Application, CF-FSP 5315. If changes have occurred, the appropriate supporting documentation of the change must accompany the Attestation.

(g)(b) The following acts or omissions are grounds for revocation of an accrediting association’s approval. The department may revoke a Gold Seal Quality Care Accrediting Association’s active status for

1. Ffailure to notify the Ddepartment of a change in the association’s administration, corporate structure operation or any condition under which the accreditation association was initially approved by the Ddepartment.

2. Any as a Gold Seal Quality Care Accrediting Association, if such changes resultsing in the Association’s inability to meet the criteria provided in Section 402.281, F.S.

(h) A Gold Seal Accrediting Association must notify the Department, in writing, within fifteen days of a revocation or expiration of the accreditation of a child care provider in Florida. The notification must include a copy of the revocation or expiration letter issued to the provider, stating the specific reasons for revocation or expiration.  Failure to provide the Department such written notification will be grounds for terminating the association’s approval as a Gold Seal Accrediting Association, and the association will be precluded from reapplying for approval for a period of two years.

(i)(c) Active Gold Seal Quality Care Associations must re-apply to renew approval every five years by submitting CF-FSP Form 5315 that may be obtained from the department’s website at www.myflorida.com/childcare. Re-applications must be received a minimum of six months prior to end of the five-year approval period. A current Gold Seal accrediting association whose approval expires prior to July 1, 2015, and which timely applies for renewal, will not be required to complete the standards crosswalk described in subparagraph (4)(a)4., above, or otherwise demonstrate its accreditation standards meet or exceed the Department’s Gold Seal standards in order to have its approval renewed.

(j) An accrediting association approved under this rule must notify the Department and all of its accredited providers in writing 6 months in advance of any intent to surrender its approval or to allow it to expire. An approved accrediting association which fails to comply with this requirement will be precluded from re-applying for approval for a period of five years from the lapse of the existing approval.

(k) The Department will not recognize Gold Seal accreditations issued by an entity that has not been approved as a Gold Seal Quality Care Accrediting Association.

(l) An Accrediting Association approved by the Department as a Gold Seal Quality Care Accrediting Association may not contract with or otherwise authorize any other entity or parties, including affiliated groups and membership groups or subgroups, to issue accreditations to Florida child care providers for the purposes of Gold Seal designation.

Failure to submit CF-FSP Form 5315 every five years or denial of the application will place the accrediting association in an inactive state, during which the association is not recognized as a Gold Seal Quality Care Accrediting Association.

(d) Inactive Gold Seal Quality Care Accrediting Associations seeking to renew their active status must be in compliance with all requirements outlined on CF-FSP Form 5315 as a new applicant before being reinstated as an active Gold Seal Quality Care Accrediting Association, pending department’s approval.

Rulemaking Authority 402.281 FS. Law Implemented 402.281 FS. History–New 5-1-08, Amended 1-13-10, 8-1-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Samantha Wass de Czege, Director, Child Care Regulation and Background Screening

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Caroll, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 3, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 10, 2013, Vol. 39/133