DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Family Safety and Preservation ProgramRULE NO: RULE TITLE
65C-20.010: Health Related RequirementsNOTICE 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. 33, No. 33, August 17, 2007 issue of the Florida Administrative Weekly.
65C-20.010 Health and Safety Related Requirements.
(1) through (1)(a) No change.
(b) All areas and surfaces accessible to children shall be free from toxic substances and hazardous materials. All potentially harmful items including cleaning supplies, flammable products, poisonous, toxic, and hazardous materials must be labeled. These items as well as knives, sharp tools and other potentially dangerous hazards shall be stored separately and locked or inaccessible and out of a child’s reach.
(c) through (e) No change.
(f) Family day care homes caring only for infants under 12 months of age, shall not be required to have an outdoor play area; however, infants in care shall be provided opportunities for outdoor time each day that weather permits. For all other family day care homes, including those providing evening care, the outdoor play area space shall be fenced maintain safe and adequate fencing or walls, a minimum of four (4) feet in height if the family day care home property borders any of the following:
1. through 4. No change.
(g) No change.
(h) Outdoor Play Area and Outdoor Equipment. Space
1. All family day care homes’ play activities shall be suitable to each child’s age and development. shall provide outdoor play equipment and
2. through 5. No change.
(i) through (m) No change.
(n)(l) 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, Parts 1508.7 & 1509.8, Code of Federal Regulations, January 1, 2004. No double or multi-deck cribs, cots or beds may be used. When napping or sleeping, young infants 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 (t) No change.
(2) through (5)(f) No change.
(g) All medicine must have child resistant caps and shall be stored separately and locked or inaccessible and out of a child’s reach.
(h) No change.
(6) Child Discipline.
(a) Family day care homes shall adopt a discipline policy consistent with Section 402.305(12), F.S., including standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited.
(b) All family day care home operators, including substitutes, must comply with the family day care home's written discipline policy.
(c) A copy of the written discipline policy must be available for review by the parents or legal guardian and the licensing authority.
(7) Child Abuse or Neglect.
(a) Acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitute a violation of the standards in Sections 402.301-.319, F.S. Pursuant to Section 402.301(1), F.S., a
(b) Failure to perform the duties of a mandatory reporter pursuant to Section 39.201, F.S., constitutes a violation of the standards in Sections 402.301-319, F.S.
(8) Transportation.
(a) When any vehicle is regularly used by a family day care home to provide transportation, the driver shall have a valid Florida driver’s license in accordance with Section 322.03(1)1-.703, F.S.
(b) All family day care homes must maintain current insurance coverage on all vehicles used to transport children in care and documentation thereof.
(c) The maximum number of individuals transported in a vehicle shall not exceed the manufacturer’s designated seating capacity or the number of factory installed seat belts.
(d) Each child, when transported, must be in an individual factory installed seat belt or federally approved, properly installed, child safety restraint, unless the vehicle is excluded from this requirement by Florida Statute.
(e) An adult must remain within sight and hearing of children being transported in a vehicle so as to be able to respond to the needs of the children at all times.
(f) Prior to transporting children and upon the vehicle(s) arrival at its destination, the following shall be conducted by the driver(s) of the vehicle(s) used to transport the children:
1. A log shall be maintained for all children being transported in the vehicle. The log shall be retained for a minimum of six months. The log shall include each child's name, date, time of departure and time of arrival, and signature of the driver to verify the fact that all children have left the vehicle.
2. Upon arrival at the destination, the driver of the vehicle shall:
a. Mark each child off the log as the child departs the vehicle,
b. Conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle, and
c. Sign, date and record the driver’s log immediately, verifying that all children were all accounted for and that the visual sweep was conducted.
(g) Smoking is prohibited in all vehicles while being used to transport children.
(h) Emergency medical forms signed by the custodial parent or legal guardian and emergency contact numbers must accompany the children on all field trips.
Specific Authority 402.313 FS. Law Implemented 402.313 FS. History–New 7-2-98, Amended 1-4-01, 7-13-03, 9-12-04, 4-12-07, _________.
