Background Screening Requirements for all Levels of Licensure, Foster Home Initial Licensing Requirements for all Levels of Licensure, Summary, Recommendations, and Process for Submission of Initial Licensure, Level I-Waivable Requirements, Changes ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-45.001Background Screening Requirements for all Levels of Licensure

65C-45.003Foster Home Initial Licensing Requirements for all Levels of Licensure

65C-45.004Summary, Recommendations, and Process for Submission of Initial Licensure

65C-45.005Level I-Waivable Requirements

65C-45.009Changes During the Licensed Year for all Levels of Licensure

65C-45.012Relicensing requirements for all Levels of Licensure

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. 45 No. 153, August 7, 2019 issue of the Florida Administrative Register.

65C-45.001 Background Screening Requirements for all Levels of Licensure

(1) No change.

(2) These screenings shall include:

(a) through (d) No change.

(e) Abuse and neglect records check through the Department’s Florida Safe Families Network (FSFN) which shall be documented on the “Central Abuse Hotline Record Search” form, CF 1651, (insert date), incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX;

1. through 5. No change.

(f) No change.

(3) No change.

(4) Each applicant and adult household member being screened shall sign an “Affidavit of Good Moral Character,” CF 1649, Nov 2018, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, and a “Release of Information,” CF-FSP 5090, (insert date) February 2013, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX.

(5) through (7) No change.

(8) Screenings identified in 65C-45.001(2)(a)-(b) that are completed through  the Agency for Health Care Administration (AHCA) Background Screening Clearinghouse are valid for five years.  Screenings identified in 65C-45.001(2)(a)-(b) not completed through the AHCA Background Screening Clearinghouse are valid for one year. Screenings identified in 65C-45.001 (2)(c)-(f) and 65C-45.001(6)(a)-(b) are valid for 1 year. All screenings must be valid within 60 days of re-licensure or rescreening for three-year licensure.

(9) No change.

 

65C-45.003 Foster Home Initial Licensing Requirements for all Levels of Licensure

The requirement for a witness signature will be removed from form CF-FSP 5087, Confidentiality Agreement.

 

65C-45.004 Summary, Recommendations, and Process for Submission of Initial Licensure

(1) No change.

(2) The complete application file shall be submitted in accordance with the traditional or attestation model for licensure.

(a) No change.

(b) A licensing application file shall consist of the following documentation:

1. through 2. No change.

3. Proof of income, including:

a. No change.

b. If the applicant is not self-employed, verification shall be obtained via a letter of reference or other documentation from the applicant’s employer that indicates the applicant’s current employment and income. Employment verification must be current and within 30 days of submission to the licensing specialist. If current employment is less than two (2) consecutive years in duration, secondary employment references shall be obtained;

c. No change.

4. thorough 7. No change.

8.  References for Levels II-V caregivers shall include:

a. Two (2) Three (3) personal references who are not related to the applicant(s) and who have known the applicant(s) for at least two (2) years. Each of the two three (3) personal references must provide information related to the applicant’s parenting skills. References must be verified either verbally or in writing by the supervising agency staff and documented in the Unified Home Study in FSFN.

b. No change.

c. If any school-aged child residing in the home is currently enrolled in an elementary, middle, junior high, or high school, one reference from the school is required. References from school personnel of each school-age child residing in the home. References shall be documented in the Unified Home Study in FSFN.

d. One reference References from the child care provider of a preschool-aged any preschool-age child residing in the home who is enrolled in a child care program. References shall be documented in the Unified Home Study in FSFN.

e. No change.

9.  Family Documents:

a. Valid dDriver’s license(s) reflecting a current address and complete driving records for any household members or other persons identified who may transport children; and

b. No change.

10.  Family Foster Home Safety Documentation consisting of a :

a. fFire inspection report (where required by local zoning laws).; and

b. Floor plan.

11. No change.

(3) through (7) No change.

 

65C-45.005 Level I Waivable Requirements

(1) Initial Licensure.

(a) through (d) No change.

(e) Waivable Requirements.

1. No change.

2. Radon testing results;

3. through 20. are renumbered 2. through 19. No change. 

(2) No change.

 

65C-45.009 Changes During the Licensed Year for all Levels of Licensure

(1) through (6) No change.

(7) Change of Location. A licensed out-of-home caregiver shall notify the supervising agency no less than 30 calendar days prior to the expected date of the relocation. The supervising agency shall update the Unified Home Study summary for submission to the Regional Licensing Authority for issuance of an amended license within 30 calendar days of the relocation.

(a) Within Region.

1. Changing location within the region shall require a new “Application for License to Provide Out-of-Home Care for Dependent Children,” incorporated by reference in Rule 65C-45.003, F.A.C., a new Unified Home Study for the new location, a satisfactory environmental health inspection of the new residence, the current floor plan, disaster plan, home emergency evacuation plan, fire inspection where required by local zoning laws, and radon testing where applicable.

2. through 5. No change.

(b) through (c) No change.

(8) No change.

 

65C-45.012 Relicensing requirements for all Levels of Licensure

(1) Requirements.

(a) No change.

(b) The supervising agency shall conduct a minimum of one (1) face-to-face visit in the home and interview all household members prior to re-licensure.

(c)(b) No change.

(d)(c) An applicant shall sign all required relicensing documentation.

1. If a home inspection was deemed satisfactory at initial licensure, a new home inspection is not required for five (5) years unless a change to the home has been identified.

2. If an unsatisfactory home inspection was waived at initial licensure pursuant to rule 65C-45.005(1)(e)1., F.A.C., the homeowner shall advise the licensing specialist whether any changes to the home have been made since initial licensure. If changes have been made, a new home inspection shall be conducted.

1. A home environmental health inspection report shall be completed by a licensing specialist who has been trained by the Department or other state entity, such as the local health department. Health inspections completed by the Department of Health shall be requested 60 days in advance of the home’s re-licensing due date to facilitate the receipt of an environmental health inspection report that indicates the home complies with the requirements specified in form CF-FSP 5397 prior to the expiration of the license. Form CF-FSP 5397, Foster Home Inspection Checklist, is incorporated in rule 65C-45.003, F.A.C. For the homes that are issued a three (3) year license, the health inspection is not required annually; however, the home health inspection must be completed before the end of the three (3) year licensure period.

2.  The supervising agency shall direct the licensed out-of-home caregivers to obtain a radon test at the fifth year for licensing purposes, if required by section 404.056, F.S. After two radon measurements with negative results, no further testing is required unless the home has significant structural changes.

(e)(d) The supervising agency shall ensure that all required background screening has been completed pursuant to Rule 65C-45.001, F.A.C., with the exception of subsection 65C-45.001(3), F.A.C.

(e) The supervising agency responsible for completing the relicensing home study shall obtain and review information about the home from the “Case Manager/Case Worker Review of Foster Parent,” CF-FSP 5223, February 2015, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, and the “Quality of Licensed Caregiver’s Home – Community Input,” CF-FSP 5225, (insert date) March 2007, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX. The “Case Manager/Case Worker Review of Foster Parent” and at least one “Quality of Licensed Caregiver’s Home – Community Input” shall be completed for every child who has been placed for a minimum of 30 calendar days. The supervising agency and case manager must staff and address in the Florida Safe Families Network (FSFN) any issues raised by the case manager in the relicensing home study.

(f) The supervising agency shall obtain the completed “Exit Interview about Foster Parents” form, CF-FSP 5353, (insert date), incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX. This form must be completed for every child over the age of five (5) who exits the home following a placement of 30 calendar days or longer. The supervising agency will review the exit interviews and must address issues raised in the exit interviews in the relicensing summary. The relicensing file must contain all applicable exit interviews. If exit interviews are not provided with the relicensing file, the supervising agency must document efforts made to secure the exit interviews, and the proper administrator of the community-based care lead agency and supervising agency shall be notified.

(g) The supervising agency shall obtain from the licensed out-of-home caregiver a completed “Foster Parent’s Review of the Case Worker/Care Manager” form, CF-FSP 5224, (insert date), incorporated by reference and https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, and review information from case managers who supervised children in the home during the previous licensing year. The supervising agency must address any issues raised by the licensed out-of-home caregiver with the case management staff and in the relicensing home study.

(f)(h) Applicants for renewal shall provide the agency with:

1. No change.

2. A current driver’s license, driving record, and auto insurance coverage information, as applicable.

The licensing specialist shall observe vehicles used for transporting children for seatbelt compliance and any obvious safety hazards and document any concerns in the Unified Home Study.

(2) Relicensing Procedures.

(a) The supervising agency shall conduct a minimum of one (1) face-to-face visit in the home and interview all household members prior to re-licensure.

(b) The supervising agency shall review and discuss the “Partnership Plan for Children in Out-of-Home Care,” incorporated by reference in Rule 65C-45.003, F.A.C., with the applicants, and document the date of the discussion in FSFN.

(c) The licensing counselor shall inspect the entire premises of the home, including all interior and exterior areas, for continued compliance with licensing standards. A narrative shall be included in the Physical Environment section of the Unified Home Study.

(d) Vehicles used for transporting children shall be observed for seatbelt compliance and any obvious safety hazards documented and addressed in a corrective action plan, if necessary. Observations, including compliance, shall be included in the Unified Home Study.

(e) Fire drill logs shall be reviewed and discussed to ensure continued compliance with licensing standards. The evacuation plan and disaster preparedness plan shall be reviewed and discussed.

(2)(3) Relicensing Unified Home Study for all levels of licensure. As a part of the relicensing application file, the supervising agency shall make a thorough assessment and evaluation of each licensed out-of-home caregiver and document this evaluation using the Unified Home Study module in FSFN.

(a) The licensing counselor shall inspect the entire premises of the home, including all interior and exterior areas, for continued compliance with licensing standards. A narrative shall be included in the Physical Environment section of the Unified Home Study.

(b)(a) The updated home study shall include all of the assessments required for an initial licensing home study as specified in Rule 65C-45.003, F.A.C. In addition to the questions in the unified home study, the updated home study shall include an assessment of fostering experiences over the past licensing year, including:

1. Youth exit interviews, case manager reviews, and foster parent reviews;

2. Documentation of at least eight (8) hours annually of continuing education;

13. No change.

24. Assessment of bBackground screening, pursuant to Rule 65C-45.001, F.A.C.;

5. Documentation of driver’s license(s) and vehicle insurance;

6. through 8.b. are renumbered 3. through 5.b. No change.

c. Documentation of the licensed out-of-home caregiver’s compliance with proper administration and monitoring of medication, for children in out-of-home care and cooperation with medical directives and appointments, if applicable.

9. History of Placement Activity. Placement activity during the previous licensing year shall be identified and discussed. If the family requested that a child be moved, the reasons and circumstances must be addressed. The narrative must provide detail about each child who has left the home and address how the family has worked with each child;

10. Staff Feedback. A summary of feedback from lead and/or supervising agency staff members as it relates to the family’s continued suitability and performance as a licensed out-of-home caregiver;

611. No change.

712. Summary. All forms and information obtained as a part of the relicensing process shall be summarized in a written narrative. The narrative should include the characteristics of children for whom the family is most appropriate, including number of children, age, gender, special needs and behaviors.

(c)(b) No change.

(4) Relicensing Process for all levels of licensure.

(a) through (h) No change.

(5) through (6) No change.

(7) Re-opening of Previously Licensed Out-of-Home Caregivers within the Region.

(a) If the applicants were licensed previously in the same region where they are currently seeking licensure, the supervising agency shall obtain and review information from the previous supervising agency which describes the applicants’ performance and history as licensed out-of-home caregivers. All attempts to obtain the information shall be documented.

(b) Applicants shall complete all initial licensing requirements with the exception of pre-service training, if previously completed within five (5) years.

(c) All information received from the originating supervising agency shall be included in the application file.

(d) Required background screening for previously licensed out-of-home caregivers shall be completed no more than 12-months prior to the submission of the application.

(e) The requirements in subsection 65C-45.006, F.A.C., shall be met.

(8)(7) No change.