The purpose of the revised rule is to clarify the duties and responsibilities of child care resource and referral (CCR&R) and align the rule to recent changes made to federal requirements regarding consumer education and resource and referral.

 

DEPARTMENT OF EDUCATION

Florida's Office of Early Learning

RULE NO.:RULE TITLE:

6M-9.300Child Care Resource and Referral

PURPOSE AND EFFECT: The purpose of the revised rule is to clarify the duties and responsibilities of child care resource and referral (CCR&R) and align the rule to recent changes made to federal requirements regarding consumer education and resource and referral.

SUMMARY: The rule revisions provide clarity on the duties and responsibilities of both the state Child Care Resource and Referral (CCR&R) network office and the local CCR&R organizations; set minimum training requirements for CCR&R staff; increase accessibility to CCR&R services for parents and families; and focus services provided more toward the needs of the family and child(ren).

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not 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 not been prepared by the Agency.

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: no requirement for a SERC was triggered under section 120.541(3), F.S.

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: 1002.92(2) FS.

LAW IMPLEMENTED: 1002.92 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: Friday, June 26, 2015, 10:00am to 11:30 am or until business is concluded, whichever is earlier

PLACE: via GoToWebinar; information regarding registration may be found at: http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance/proposed_rules.aspx

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Molly Grant, 250 Marriott Drive, Tallahassee, FL 32399; Telephone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Molly Grant, Project Manager, Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399; [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-9.300 Child Care Resource and Referral and Consumer Education.

(1) The Office of Early Learning, Child Care Resource and Referral (CCR&R) state network, shall ensure delivery of CCR&R services as defined in the Child Care Development Block Grant of 2014 and Section 1002.92, Florida Statutes (F.S.).

(2) Definitions.

(a) “CCR&R organization” refers to any early learning coalition or other contracted entity providing CCR&R services to customers pursuant to Section 1002.92, F.S.

(b) “Service area” refers to the county or multicounty region served by the CCR&R organization.

(c) “Business hours” refers to the hours during which a CCR&R organization has staff available to provide services to customers via telephone, through email, or in person.

(3)(1) Child Care Resource and Referral (CCR&R) Services.

(a) CCR&R services shall be locally administered, coordinated, and overseen by early learning coalitions CCR&R agencies as established in accordance with Section 1002.92, F.S. 411.0101, F.S. Early learning coalitions or their contracted CCR&R organizations shall:

(a)(b) Early learning coalitions and/or their contracted CCR&R agencies shall Offer CCR&R services including child care/early learning listings referrals, consumer education resources, and information regarding community resources to each individual requesting CCR&R services. , including but not limited to individuals specifically requesting CCR&R services, individuals applying for School Readiness services, and individuals with a child who has a suspected or diagnosed special need or disability.

(b) Provide access to information and resources that enable parents to make informed choices on quality child care, including information and resources on the full-range of provider types available; child care licensing; health, safety, and inspection requirements for each type of provider; child care personnel background checks and disqualifying offenses; research and best practices regarding child development; indicators of quality child care; meaningful parent and family engagement; state policies, if applicable, regarding the social-emotional behavioral health of children; and developmental screenings.

(c) Offer CCR&R services to all individuals requesting services CCR&R services shall be offered without regard to age, an individual’s level of income, or individual circumstances. CCR&R services shall be available for all children aged zero (0) through twelve (12) including unborn children and children aged thirteen (13) through eighteen (18) who are physically or mentally incapable of self-care or are under court supervision.

(d)(c) Each CCR&R agency shall Provide CCR&R services without cost to the individual requesting services within three (3) business days of the individual’s request for services.

(e)(d) Each CCR&R agency shall Attempt to personally contact and respond to an individuals requesting services in an emergency situation within two (2) four (4) business hours of becoming aware of a request for services the request.  and, if the CCR&R agency is unable to make personal contact, continue its attempts to make contact at least once every two (2) business hours. The CCR&R agency shall provide CCR&R services within twenty-four (24) hours of the time the CCR&R agency makes personal contact with the individual requesting services in an emergency situation. Emergency situations may include but are not limited to:

1. Closure of a child care or early learning provider with less than forty-eight (48) hours of notice;

2. Declaration of a state of emergency by local, state, or federal officials that which affects families and providers within the CCR&R organization’s agency’s service area; and

3. Family emergencies including the death or hospitalization of a parent or guardian, a change in custody of a child with less than forty-eight (48) hours of notice, or a change in employment or employment status with less than forty-eight (48) hours of notice.

(f)(e) Notwithstanding paragraphs (1)(d)(c) and (e)(d) of this rule, the CCR&R organization agency is not required to provide services or attempt to contact an individual requesting services in emergency situations if the CCR&R organization agency is unable to operate as a result of a state of emergency as declared by local, state, or federal officials.

(4) Accessibility of Information and Services.

(a)(f) Each CCR&R organization shall make every effort to ensure agency shall establish and implement a plan for ensuring that CCR&R services are accessible to all individuals within its service area, including individuals who have limited access to telephone services, internet services, or transportation. The CCR&R organization agency may utilize technology and shall may coordinate with other CCR&R agencies and community entities in order to expand the accessibility of services.

(b) Each CCR&R organization shall maintain a website and one other form of outreach and awareness within its service area that describes the services offered. The front page of the website shall clearly display administrative and CCR&R contact information, including phone numbers and hours of operation, for the early learning coalition and the contracted CCR&R organization, if applicable.

(5) Location and Hours of Service.

(a)(g) At least one physical location for CCR&R services shall be available in each CCR&R organization’s agency’s service area.

(b) Each CCR&R organization agency shall designate a minimum of forty (40) hours each week when individuals requesting services may meet with staff via telephone and in person, on an by appointment or walk-in basis, to receive CCR&R services within the coalition’s service area. In addition, each CCR&R organization agency shall make staff members available to provide CCR&R services via telephone and in person and via telephone for a minimum of four (4) hours each day, Monday through Friday. forty (40) hours per week via telephone.

(c) CCR&R organizations agencies shall be permitted to reduce the number of weekly hours of in-person and telephone availability by a maximum of eight (8) hours for each local, state, or federal holiday and each business day during which a local, state, or federal emergency, which is declared that makes the CCR&R organization agency unable to operate, is declared.

(h)  Each CCR&R agency shall maintain a web site and at least one other form of advertisement within its service area that describes the services offered and provides the CCR&R agency’s contact information and, if the CCR&R agency is not also an early learning coalition, the contact information of the early learning coalition in which the CCR&R agency operates.

(6) Customized Child Care/Early Learning Listings.

(a)(2) CCR&R services may be offered in person, via telephone or using other electronic means via telephone, e-mail, on-line, fax or in person.

(b) Child care/early learning listings referrals shall be generated using the statewide information system maintained by the Florida’s Office of Early Learning.

(c) CCR&R organizations shall provide or send each individual requesting services a list of legally operating child care providers in their service area within three (3) business days and in the format requested by the individual. Each list referral shall be customized by according to information provided by the individual requesting services, or at a minimum, by entering the following information:

(a)  Type of household;

(b)  Relationship to child;

(c)  Reason for care;

(d)  Child care issues;

1. Location;

2. (e) Days/time care is needed;

3. (f) Child’s date of birth;

4. (g) Type of program requested;

5. (h) Child’s special need, if applicable; and

6. (i) Family’s primary language if not English.; and

(j) Requests for enhanced services.

(3) Each CCR&R agency shall provide an informational packet to each individual requesting service within six (6) business days of the date upon which the individual requested services. The early learning coalition and/or CCR&R agency is not required to provide an informational packet if the individual requesting services has declined receipt of an informational packet. The individual requesting services may choose to pick up an informational packet in person or to receive an informational packet by mail, email, or fax. At a minimum, an informational packet shall contain:

(a) A cover letter including:

1. A disclaimer statement indicating that the information contained in the informational packet constitutes an unbiased referral for child care services and is not a recommendation regarding the quality of a child care program or the provider’s services;

2. Suggestions describing how a family may proceed in the search for an appropriate provider;

3. The web address of the state child care provider licensing database and, if available, the phone number of the local licensing agency;

4. An invitation to contact the CCR&R agency again if further assistance is required;

5. The contact information of the CCR&R agency, the contact information of the early learning coalition in the event that the early learning coalition is not the CCR&R agency, and the toll-free phone number and website (http://www.floridaearlylearning.org/earlylearning/ChildCareResourceReferralNetwork.html) of Florida’s Office of Early Learning, CCR&R division.

(d)(b) Child care/early learning listings shall include A child care referral printout which lists a minimum of ten (10) five (5) providers matching the criteria identified requested by the individual requesting services information unless fewer than ten (10) providers match the criteria. five (5) providers within the CCR&R agency’s service area meet the criteria requested.

(e) Consumer education and community resources, as outlined in subsection (7), shall be included with each customized listing, unless declined by the individual.

(f) Contact information for the state and local child care provider licensing agencies shall be included with provider listings sent to the individual.

(c) Other information deemed appropriate by the CCR&R agency, as requested by the individual requesting services. Requests for other appropriate information shall be recorded in the statewide information system maintained by the Office.

(7) Consumer Education and Community Resources.

(4) Each CCR&R organizations agency shall offer information regarding and access to a list of relevant consumer education resources and community resources, including the manner in which each resource may be obtained, to all individuals requesting CCR&R services. based upon the information provided by the individual requesting services. The list of relevant consumer resources shall include an offer to provide guidance regarding the content of the list and availability of resources.

(a) Consumer education, as defined in subsection (3)(b), shall be provided to each individual requesting services.

(b) Each CCR&R organization agency shall maintain a current directory or access and current subscriptions to relevant consumer education resources and community resources. Relevant consumer education resources and community resources, which shall include but are not limited to:

1.(a) A resource list or directory of Community services for each county all counties in the CCR&R organization’s early learning coalition service area in which the CCR&R agency operates;

2.(b) United Way Directory, FLAIRS, 2-1-1 Financial assistance programs;

3.(c) Information from and Contact information for Federal, state and local partners, state agencies, and social services organizations the Department of Children and Families;

(d) Information from and contact information for the Department of Education;

4.(e)  nformation regarding Child healthcare Florida KidCare;

5.(f) Information regarding Child welfare and abuse Abuse Registry;

(g) The Florida Directory of Early Childhood Services (Central Directory);

6. Services for children with special needs or developmental disabilities;

7.(h) Resources provided by the Florida’s Office of Early Learning or identified through collaboration with other entities. including “A Family Guide for Selecting Quality Early Learning Programs” and “A Quality Checklist for Evaluating Early Learning Programs”; and

8. (i) Any Other resources as needed and appropriate to the specific needs of the individual family.

(8)(5) Provider Updates.

(a) Prior to the CCR&R organization’s agency’s last business day in May, each CCR&R organization agency shall ensure that provider provide and annually update the following information is updated annually in the statewide information system maintained by Florida’s the Office of Early Learning for each organization legally operating child care/early learning provider licensed or registered by the Department of Children and Families and each provider receiving state or federal funds offering family day care, public and private child care programs, head start, prekindergarten early intervention programs, special education programs for prekindergarten handicapped children, services for children with developmental disabilities, full-time and part-time programs, before-school and after-school programs, vacation care programs, parent education, the WAGES Program, and related family support services within the CCR&R organization’s early learning coalition’s service area.

(b) At a minimum, the CCR&R organization agency shall update provide the following information for each provider organization:

1.(a) Contact information;

2.(b) Gold Seal or accreditation Accreditation status;

3. Quality rating, if available;

(c) Program styles offered;

4.(d) Program schedule;

5.(e) Ages served;

6. Group sizes and ratios;

7.(f) Enrollment information and vacancies;

(g) Curriculum type;

8.(h) Private pay rates charged;

9.(i) Environment;

10.(j) Special services offered;

11.(k) Languages other than English spoken fluently by the provider’s staff;

(l) Staffing;

12.(m) Transportation; and

13.(n) Meal options.

(c) Notwithstanding subsection (8)(a) above, the CCR&R organization shall ensure updated provider information is entered into the statewide information system within thirty (30) calendar days of receipt of information from a provider.

(d) Legally operating providers not defined in subparagraph (8)(a) shall be included in the provider update process upon request by the provider.

(e)(6) CCR&R organizations may include information agencies are encouraged to ensure that the information listed in subsection (5) above is included in the statewide information system maintained by Florida’s Office of Early Learning for all other legally operating early learning and school age child care providers, such as license-exempt providers, before-school and after-school programs, summer recreation and summer day camp programs, and recreational facilities and nanny and au pair agencies.

(9) Staff Training Requirements.

The CCR&R organization shall ensure CCR&R all staff are trained in customer service, consumer education, community resources, financial assistance programs for families, and available types of child care and early learning providers and programs, specific to their service area, within four (4) months of employment as a CCR&R specialist.

(10)(7) Early learning coalitions and/or CCR&R organizations agencies are prohibited from charging a provider or other organization a fee for identifying the provider or organization through the statewide information system.

Rulemaking Authority 1002.92 411.0101 FS. Law Implemented 1002.92 411.0101 FS. History–New 8-10-09, Formerly 60BB-9.300, Amended _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Eileen L. Amy, Deputy Director of Early Learning Programs

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Rodney MacKinnon, Interim Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 04, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 5, 2015