This rule outlines the procedures regarding parenting courses for divorcing parents of minor children in the State of Florida.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Family Safety and Preservation Program

RULE NO: RULE TITLE
65C-32.001: Definitions
65C-32.002: Parenting Course Delivery
65C-32.003: Required Components of the Parenting Course
65C-32.004: Parenting Course Evaluation
65C-32.005: Parenting Course Approval
65C-32.006: Parenting Course Approval Process
65C-32.007: Complaints
65C-32.008: Revocation of Approval
PURPOSE AND EFFECT: This rule outlines the procedures regarding parenting courses for divorcing parents of minor children in the State of Florida.
SUMMARY: Rules provide for administration of provider and course requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 61.21(2), (3) FS.
LAW IMPLEMENTED: 61.21 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: June 26, 2007, 9:00 a.m.
PLACE: Winewood Office Complex, 1317 Winewood Blvd., Building 6, Room 164, Tallahassee, FL 32399-0700
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Liz Wynn

THE FULL TEXT OF THE PROPOSED RULE IS:

65C-32.001 Definitions.

(1)  “Complaint” means an allegation of a violation of Section 61.21(3), F.S. and the rules adopted pursuant to Rule 65C-32.007, F.A.C.

(2) “Department” means the Department of Children and Family Services.

(3) “Distance learning” means instruction provided through correspondence or via the Internet, pursuant to Rule 65C-32.002, F.A.C.

(4) “Instructor” means the individual(s) qualified to provide instruction in a live classroom setting.

(5) “Letter of Non-Compliance” means a written notification advising the provider of the specified rule violation(s).

(6) “Parenting Course” means the Parent Education and Family Stabilization Course designated pursuant to Section 61.21(2)(a), F.S., to provide information to parents as that information relates to court actions between the parents involving custody, care, visitation, and support of a child or children.

(7) “Provider” means an individual or legal entity qualified to develop and implement the Parent Education and Family Stabilization Course meeting the qualifications for approval pursuant to Chapter 65C-32, F.A.C.

(8) “Revocation” means to withdraw approval of that which has been approved.

(9) “Verified finding” means to substantiate a complaint of non-compliance with Section 61.21, F.S. and rules thereunder.

Specific Authority 61.21(3)(e) FS. Law Implemented 61.21 FS. History–New__________.

 

65C-32.002 Parenting Course Delivery.

(1) A parenting course shall be a minimum of 4 hours, including the time required for instruction, participant exercises and course evaluation.

(2) The conveyance of the specific live parenting course content shall include a variety of methods, such as lectures, group discussions, role-plays, videotapes, or other instructional activities.

(3) Each provider offering a parenting course shall incorporate a means for participants to communicate with the course instructor for questions.

(4) The provider(s) of a parenting course and the instructor of a live parenting course shall possess the following qualifications:

(a) Master’s Degree in counseling, social work, psychology, education or related field and have a minimum of 2 years experience in dealing with family, parenting, and divorce related issues; or

(b) Bachelor’s degree in counseling, social work, psychology, education or related field and have at a minimum 2 years experience in dealing with family, parenting and divorce related issues; or

(c) Has a minimum of 4 years related work experience in dealing with family, parenting, and divorce-related issues.

Specific Authority 61.21(3)(e) FS. Law Implemented 61.21 FS. History–New________.

 

65C-32.003 Required Components of the Parenting Course.

(1) The Provider(s) of a parenting course shall provide to each participant a printed disclaimer in written form which states the following: “The components of the parenting course are intended for educational purposes only. The presentation of this material is not intended to constitute mental health therapy, give information on specific mental health disorders nor medications to treat mental health disorders. Participants are encouraged to discuss specific mental health questions with a licensed mental health therapist of their choice.”

The legal component of the parenting course shall provide general Florida family law principles. The presentation of this material is not intended to constitute legal advice and the course material must direct the participant to consult with a licensed attorney for answers to specific legal questions.

(2) The components required for the parenting courses for divorcing parents in the state of Florida shall include, but are not limited to the following:

(a) Divorce as Loss. This component shall include a recognition of divorce as the loss of the current family structure and processes experienced by adults and children in working through loss. In addition, a distinction shall be made between loss of the current family structure and the continuing parental role;

(b) Permanency of Parental Role / Shared Parenting. This component shall include information about how children are positively impacted by a continuing relationship with both parents and the types of support children need from both parents;

(c) Developmental Stages of Childhood. This component shall include information on the developmental stages of childhood, as well as how a divorce may impact development, what parents can do to minimize the impact of the divorce and when to seek additional help for a child experiencing problems;

(d) Communicating with Children In a Divorce Situation. This component shall include information about discussing divorce-related issues with children in reference to the developmental stage of the child;

(e) Communicating with the Other Parent. This component shall include the negative impact of a parent expressing anger toward the other parent in front of the children, the benefits to children of keeping them out of the middle of parental conflict and how to establish a relationship with the other parent which shall minimize the children's exposure to parental conflict;

(f) Abuse. This component shall include information on the power and control dynamics of domestic violence and the statewide toll-free domestic violence hotline telephone number where services may be accessed. An explanation of child abuse and neglect and the statutory mandate to report such incidences to the Child Abuse Hotline must also be included in addition to the penalties for false reporting;

(g) Legal Concepts. This component shall include general information about Florida family law, including references to statutory definitions as they relate to court issues involving divorcing parents with minor children and financial responsibilities to the child (ren);

(h) Parenting Time. This component shall include information about the benefits to children of maintaining a stable and consistent relationship with both parents and suggestions about how to develop a parenting plan and effective communication between the parents about parenting time.

Specific Authority 61.21(3)(e) FS. Law Implemented 61.21 FS. History–New_________.

 

65C-32.004 Parenting Course Evaluation.

(1) Each parenting course shall include a demonstration of the level of comprehension of the learning objectives by the participants following the conclusion of the training.

(2) A certificate of completion shall be distributed to each participant who completes a 4 hour minimum Parent Education and Family Stabilization Course.

Specific Authority 61.21(3)(e) FS. Law Implemented 61.21 FS. History–New_________.

 

65C-32.005 Parenting Course Approval.

(1) To ensure the legislative intent is maintained, each applicant seeking approval of a parenting course shall submit the following documentation for review:

(a) Letter of Introduction;

(b) Course components pursuant to Rule 65C-32.003, F.A.C.;

(c) Course Learning Objectives;

(d) All course materials including instructor's manuals and videos;

(e) Definitions of Key Terms: The key terms include legal and mental health terms to be introduced in a parenting course;

(f) References: The provider(s) of a parenting course shall include a list of resources or a bibliography to reference the source(s) of information of the course content and a list of resource(s) for the divorcing parents and their minor children which is beyond the scope of the course;

(g) Accessibility. The course provider shall provide a means for the department to access their course for the approval process;

(h) Communication: Each distance learning provider shall submit to the department its means of communicating with the participant to answer questions or interact with the participant;

(i) Instructional Techniques. This requirement requires a list of all instructional techniques implemented by a provider or instructor;

(j) Language. This requirement shall include availability of different languages in which the course is offered;

(k) Registration Information. This requirement shall include course name, delivery sites of the course, address and phone number of the provider and web-site address if available;

(l) Evaluation form. The provider shall provide a copy of the evaluation form for participants upon completion of the parenting course;

(m) Indigent status fees. This requirement shall include a means for indigent divorcing parents to complete their course such as scholarships, acceptance of court waivers, and sliding fee scales if available;

(n) Resource list. A list of available resources in and around the community shall be furnished to each course participant.

(2) The department is under no obligation to accept a packet for approval of a parenting course advertised as “Approved by the Department” before department approval has been granted.

(3) The provider(s) shall provide documentation of the approval requirements pursuant to Rules 65C-32.002 and 65C-32.003, F.A.C. at each delivery site.

Specific Authority 61.21(3)(e) FS. Law Implemented 61.21 FS. History–New_________.

 

65C-32.006 Parenting Course Approval Process.

(1) The approval process shall be:

(a) The department shall notify the provider within five working days of receipt of the packet, either in writing or personally;

(b) The department shall review the packet within 30 working days of notification to the applicant(s);

(c) After a review of the packet, the department shall notify the applicant(s) of the determination of approval or denial of approval of a course or course provider;

(d) The applicant(s) shall have up to 90 days to make the specified corrections necessary for approval of a course;

(e) The applicant shall have the opportunity to resubmit completed packets and begin the process over after corrections are completed.

(2) The department shall deem as approved all Parent Education and Family Stabilization Courses submitted and approved prior to the effective date of Chapter 65C-32, F.A.C. The exception is any Parent Education and Family Stabilization Course which has had its approval status revoked.

Specific Authority 61.21(3)(e) FS. Law Implemented 61.21 FS. History–New_________.

 

65C-32.007 Complaints

(1) All complaints shall be in writing to the department and shall include the following information:

(a) Date of the alleged violation of statute 61.21 F.S., or rules thereunder;

(b) Name of the parenting course;

(c) Name of the provider or lead instructor of the course;

(d) Basis and content of the complaint.

(2) The department shall handle the complaints of non-compliance in the following manner:

(a) The department shall review the rule and designate the rule violation(s) as specified in the complaint;

(b) The department shall notify the provider of the specified rule violation(s) within five working days of receipt of the complaint;

(c) The provider shall have the opportunity to respond to the rule violation within 15 days of the receipt of notice of the rule violation;

(d) The department shall determine the validity of the rule violation(s) within 45 days of receipt of the provider’s response to the complaint.

(3) A “notice of non-compliance” shall be issued to the provider of the course if the complaint is founded.

(4) The provider shall have corrections completed within 60 days of the receipt of the “notice of non-compliance”

(5) Except as otherwise provided in this rule, prior to the final action of denying, suspending or revoking approval of a course, the provider shall have the opportunity to request either a formal or informal Administrative Hearing to show cause as to why the action should not be taken.

Specific Authority 61.21(3)(d), (e) FS. Law Implemented 61.21 FS. History–New_________.

 

65C-32.008 Revocation of Course Approval.

(1) Section 61.21(3)(d), F.S. says the Department of Children and Family Services may remove a provider who violates this section of the Florida Statutes or its implementing rules, from the approved list of providers.

(2) The following shall subject a parenting course to revocation of approval:

(a) A verified finding that course approval or certification was obtained by fraudulent means such as providing documentation for approval which was based on false documentation;

(b) A verified finding that a course has been altered in any manner such as course contents or change of course materials that are contrary to course requirements per Section 61.21(2), F.S., without written approval from the department;

(c) Providing mental health therapy to participants;

(d) Providing individual legal advice to participants;

(e) Solicitation of participants from the sessions to become private clients or patients;

(f) The use of the Department of Children and Family Services past or present logo.

Specific Authority 61.21(3)(e) FS. Law Implemented 61.21 FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Patricia A. Badland
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Don Winstead
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 18, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 3, 2006