Background Screening Requirements, Pre-service Training, Initial Licensing Procedures, In-Service Training, Changes During the Licensed Year, Re-Licensing, Licensed Out-of-Home Team Member Roles, Standards for Licensed Out-of-Home Caregivers, Terms ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-13.023Background Screening Requirements

65C-13.024Pre-service Training

65C-13.025Initial Licensing Procedures

65C-13.026In-Service Training

65C-13.027Changes During the Licensed Year

65C-13.028Re-Licensing

65C-13.029Licensed Out-of-Home Team Member Roles

65C-13.030Standards for Licensed Out-of-Home Caregivers

65C-13.031Terms of a License

65C-13.032Capacity, Placement, and Over-Capacity Assessments

65C-13.033Babysitting, Respite and Other Supervision

65C-13.034Complaint Investigations and foster Care Referrals

65C-13.035Administrative Actions, Appeals and Closures

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. 38, No. 91, December 14, 2012 issue of the Florida Administrative Register.

 

65C-13.023Background Screening Requirements

65C-13.024Parent Preparation Pre-service Training

65C-13.025Initial Licensing Procedures

65C-13.026Continuing Education In Service Training

65C-13.027Changes During the Licensed Year

65C-13.028 Re-Licensing

65C-13.029 Licensed Out-of-Home Team Member Roles

65C-13.030Standards for Licensed Out-of-Home Caregivers

65C-13.031Terms of a License

65C-13.032Over-Capacity Assessments and Exceptions Capacity, Placement, and Over Capacity Placements

65C-13.033Babysitting, Overnight Care, Extended Overnight Care, and Other Supervision Arrangements Babysitting, Respite, and Other Supervision

65C-13.034Foster Care Referrals and Investigations Complaint Investigations and foster Care Referrals

65C-13.035Administrative Actions, Appeals, and Closures

 

65C-13.023 Background Screening Requirements.

(1) The department shall conduct background screenings for all persons considered by the department for initial licensure or re-licensure as an out-of-home caregiver and all adult household members pursuant to Section 409.175, F.S. The five year re-screens for the relicensing process must include fingerprints. These screenings shall be completed before an applicant is shall be licensed as an out-of-home caregiver and before any children are placed in the home. Exemptions from background screening disqualification may be granted to potential licensed out-of-home caregivers for crimes or offenses based on covered by Sections 435.07(1) and (2), F.S., and according to the guidelines established under Sections 435.07(3) and (4), F.S. Failure to comply with any requirement for good moral character and background screening as described in this rule may be grounds for denial, suspension or revocation of an application or license. The supervising agency or the department has the discretion to request background screening for visitors to a family foster home if there is reasonable belief that:

(a) through (c) No change.

(2) These screenings shall, at a minimum, include fingerprinting; statewide criminal and juvenile records checks through the Florida Department of Law Enforcement; federal criminal records checks through the Federal Bureau of Investigation; local criminal record checks through local law enforcement agencies, and may include records of any responses to the home by law enforcement that did not result in criminal charges. Records checks through the department’s Statewide Automated Child Welfare Information System (SACWIS) regarding child abuse and neglect investigations and civil court records checks regarding domestic violence complaints and orders of protection must also be included. If the applicant or any other adult household member has resided in any other state during the past five years, requests for abuse and neglect histories must be made of those states, and the results of such requests included with the application packet. Only abuse and neglect reports in which the person being considered for licensure was named as the “caregiver responsible” for the abuse or neglect may be used for initial licensing decisions. If the person applying is or was a licensee of the department and was named in any capacity in three or more reports during a five year period, regardless of classification, those reports may be reviewed by the department for their relevancy as it relates to the licensing decision. All reports in which the person seeking licensure or re-licensure was named as the “caregiver responsible” must be considered for licensing purposes. For homes being considered for licensure for longer than one year under Section 409.175(6)(j), F.S., all abuse reports with any findings shall be considered.

(3) Each applicant and adult household member being screened shall sign an “Affidavit of Good Moral Character”, CF 1649, February 2013 August 2010, incorporated by reference and available at www.dcf.state.fl.us/publications/, and a “Release of Information”, CF-FSP 5090, February 2013 August 2010, incorporated by reference and available at www.dcf.state.fl.us/publications/. Failure to comply with any requirement for good moral character and background screening as described in this rule is considered when determining whether to deny, suspend or revoke an application or license.

(4) No change.

(5) For children between the ages of twelve and eighteen, the background screening shall be limited to statewide criminal and juvenile records name checks through the Florida Department of Law Enforcement and does not require fingerprinting. Screening of Young young adults ages age 18 through 22 who are receiving services through Chapter 65C-31, F.A.C., and who have had no break in service provision are not required to be screened.

(6) The background screenings under this section shall ensure that no out-of-home caregiver licensed by the department and no person residing in a family foster home has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to any offense prohibited under Section 435.04, F.S., or similar statutes of another jurisdiction at any time. When the individual who is being screened is a former dependent child under 23 years of age and the security background screening reveals a disqualifying offense which was committed during or prior to the time that the child was dependent, that offense shall not automatically affect the licensure of the out-of-home caregivers. Exemptions for disqualifying offenses may be sought under Section 435.07, F.S.

(7) through (9) No change.

Rulemaking Authority 39.012, 39.0121, 435.01 (2), 409.175 FS. Law Implemented 39.0121, 409.175(5)(a)5., 435.04 FS. History–New 4-6-08, Amended_________.

 

65C-13.024 Parent Preparation Pre-service Training.

(1) All prospective out-of-home caregivers shall successfully complete a department approved parent preparation pre-service training as a condition of licensure.

(1) (2) Parent preparation pre-service training shall meet the requirements of Section 409.175, F.S., and shall include training for out-of-home caregivers on decision-making related to the balance of normalcy for children in care and their safety. The parent preparation pre-service curriculum shall also include training related to the administration of psychotropic medication, the social and emotional development of children and youth, the role of mentors and other helpers, development of life skills for teens in foster care, and the caregiver’s foster parent’s role in supporting and promoting the educational progress of the foster child. The training on administration of psychotropic medication shall consist of a review of the proper dosage of medication and the importance of monitoring for possible side effects and intended effects of the specific medications administered to the child. All caregivers are required to complete a minimum of 21 hours of pre-service training.

(2)(3) Each parent preparation pre-service training class shall be led by a certified child protection professional according to Section 402.40, F.S., who has a bachelor’s degree or a master’s degree from an accredited college or university, and who has also successfully met any curriculum-specific requirements to train the department approved parent preparation pre-service training curriculum (e.g., curriculum trainer certification). Each parent preparation pre-service training class shall follow the recommendations of the curriculum designer regarding the number and type of facilitators involved in the training process. If the agency is the designer of the curriculum, the number and types of facilitators to be involved in the training process must be clearly defined. should include a licensed out-of-home caregiver as a co-facilitator ; in addition, a young adult formerly in foster care must be invited to participate in one or more sessions of the training; this invitation would provide an opportunity for the prospective out-of-home caregivers to benefit from a former foster youth’s perspective.

(3)(4) No change.

(4)(5) As a part of pre-service training the prospective out-of-home caregivers shall complete training regarding the administration and monitoring of psychotropic medication. The training shall consist of a review of the proper dosage of medication and the importance of monitoring for possible side effects and intended effects of the specific medications administered to the child.

(5)(6) The lead agency is authorized to approve the completion of individualized pre-service training. If individualized training is done, the certified child protection professional is responsible for complying with the requirements set forth for parent preparation pre-service training in Section 409.175(14)(b), F.S., and the requirements set forth in this Chapter.

(6)(7) Prospective out-of-home caregivers and adoptive parents have the option to attend parent preparation pre-service training as defined in subsection (2) of this section, offered by any licensed child placing agency. Agencies shall are expected to work cooperatively with each other and prospective licensed out-of-home caregivers and adoptive parents to ensure the ongoing availability of such training.

(7)(8) Renumbered from (8) to (7). No change.

(7)(9) When prospective out-of-home caregivers successfully complete or commence and fail to complete, the parent preparation pre-service training but do not continue the licensing process, the supervising agency staff shall document the reason the process was discontinued on the Person Provider Page, under the Training Tab, in Florida Safe Families Network (FSFN) in the State Automated Child Welfare Information System. Completed Parent preparation pre-service training is valid for five years from the date of verified curriculum completion. Previously licensed out-of-home caregivers who have a break in service of eighteen months or less, but who completed parent preparation pre-service training within the last five years, have the option to apply to be licensed without completing parent preparation pre-service training.

Rulemaking Authority 409.175, 402.40 (6), 402.40(10) FS. Law Implemented 409.175, 402.40, 402.40(7) FS. History–New 4-6-08, Amended__________.

 

65C-13.025 Initial Licensing

(1) General.

(a) Each applicant wishing to become a licensed out-of-home caregiver shall complete the “Application for License to Provide Out-of-Home Care for Dependent Children”, CF-FSP 5007, February 2013 September 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/. Parenting figures living together shall both be licensed. After successfully completing training and the home study process, any person who requests an application either verbally or in writing shall be provided one.

(b) through (c) No change.

(2) References.

(a) The applicant(s) shall provide the names of three personal references that are not related to the applicant(s) and that shall have known the applicant(s) for at least two years. Each of the three personal references must be able to attest to the applicant’s parenting skills. References are to be verified either verbally or in writing by the supervising agency staff.

(b) The supervising agency staff shall make reasonable efforts to obtain references from the adult children of each applicant. These references shall address the applicant’s suitability to become a licensed out-of-home caregiver. All unsuccessful attempts to solicit information shall be documented and the overall impact of the missing information considered as a part of the recommendation to license or not to license.

(c) The supervising agency shall obtain a current employment reference for each applicant. At a minimum, this reference shall include sufficient information to establish or corroborate the applicant’s current employment status. If current employment is less than two consecutive years in duration, secondary employment references shall be obtained.

(d) The supervising agency shall obtain references from school personnel of each school age child residing in the home.

(e) The supervising agency shall obtain references be obtained from the childcare provider of any preschool age child residing in the home who is enrolled in a childcare program.

(3) Verifications. The applicant(s) shall provide the agency with proof of the following, if applicable: documentation of Florida residency, proof of legal status in the United States (for non-citizens), driver’s licenses, auto insurance coverage, financial capability and income, and pet vaccinations.

(2)(4)(a) through (d) No change.

(e) The notarized document, Attestation For Foster Home Licensure, CF-FSP 5357, February 2013, October 2011, is incorporated by reference and available at www.dcf.state.fl.us/publications/. The Community-Based Care lead agency must also submit the completed Licensing Standards Checklist For 24-Hour Family Care, CF-FSP 5358, February 2013 September 2011, incorporated by reference and available at www.dcf.state.fl.us/publications/. The the checklist must be signed by the supervising agency licensing counselor and supervisor.

(f) Community-Based Care agencies participating in the Attestation Model for licensure must enter into a Memorandum of Agreement with the Regional Licensing office. The Memorandum of Agreement, CF-FSO 5356, September 2011, incorporated by reference and available at www.dcf.state.fl.us/publications/.

(3)(5) No change.

(a) through (d)1. No change.

2. A description of the home, including location and verification of operating fire extinguishers with current tag and smoke detectors, storage of medications, cleaning supplies, and toxins and safety nets for trampolines. The description shall also include the storage of alcoholic beverages, weapons and ammunition, location of burglar bars, fireplaces, handrails on stairways and space heaters, if applicable. All prospective, licensed out-of-home caregivers must complete The Fire Arms Acknowledgement CF-FSP 5346, February 2012 incorporated by reference and available at www.dcf.state.fl.us/publications/.

3. No change.

(e) No change.

(f) Social History. A description of the following shall be included:

1. Background and Family History. Background and family history including education, types of discipline used in the family, the family’s willingness and ability to use appropriate discipline as described in the Partnership Plan for Children in Out-of-Home Care, CF-FSP 5226, February 2013, incorporated by reference and available at www.dcf.state.fl.us/publications, family values, and any prior residences in or out of Florida.

2. – 7. No Change.

(g) Transportation. The licensed out-of-home caregiver shall have transportation available twenty-four hours a day. All vehicles used to transport children shall be in safe condition and equipped with seat belts for each child transported as required by Section 316.614, F.S., and car seats as required by Section 316.613, F.S. Vehicles shall be smoke free when children are being transported. The licensed out-of-home caregiver shall ensure appropriate safety equipment is utilized. Describe the family’s plan for safely transporting children placed in the home. All drivers must be 22 years of age or older and have a valid Florida Driver’s license and motor vehicle insurance.

(h)-(i) No change.

(j) Other Adult Household Members. The responsibilities the applicant(s) will expect the other adults in the household to have with children placed in the home.

The following information shall be obtained and documented for any other adult household members, whether or not they intend to supervise or assist with the care of the child:

1. Background Screening,

2. Medical History, and

3. The responsibilities the applicant(s) will expect the other adults in the household to have with children placed in the home.

(k) through (l) No change.

(4)(6) No change.

(a) No change.

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

1. “Application for License to Provide Out-of-Home Care for Dependent Children”, CF-FSP 5007, February 2013, incorporated by reference and available at www.dcf.state.fl.us/publications/;

2. “Release of Information”, CF-FSP 5090, February 2013, incorporated by reference and available at www.dcf.state.fl.us/publications/;

3. “Authorization for Release of Health and Medical Information for Prospective Foster or Adoptive Parents”, CF-FSP 5230, February 2013, incorporated by reference and available at www.dcf.state.fl.us/publications(as needed);

4. through 5. No change.

6. A Partnership Plan for Out-of-Home Care, CF-FSP 5226, February 2013, incorporated by reference and available at www.dcf.state.fl.us/publications.

7. No change.

8. Parent Preparation Pre-service biographical profile, which shall be the demographic and narrative portions of the Unified Home Study as completed by the applicant(s);

9. Documentation of water safety training, if applicable. As a prerequisite to licensure, potential licensed out-of-home caregivers who have swimming pools or whose homes are adjacent to bodies of water unprotected by a barrier of at least four feet will be required to complete a basic water safety course administered by the American Red Cross, YMCA or a trainer certified in water safety training. This requirement does not apply to homes with temporary wading pools or, which are temporary and portable pools with a depth of less than two feet. Standing water shall not remain in wading pools when not in use;

10. “Confidentiality Agreement”, CF-FSP 5087, February 2013, incorporated by reference and available at www.dcf.state.fl.us/publications/;

11. No change.

a. “Affidavit of Good Moral Character”, CF 1649, February 2013, incorporated by reference and available at www.dcf.state.fl.us/publications/;

b. Local Law Enforcement check;

c. through g. No change.

12. References including:

a. The applicant(s) shall provide the names of three personal references that are not related to the applicant(s) and that shall have known the applicant(s) for at least two years. Each of the three personal references must provide information related to the applicant’s parenting skills. References are to be verified either verbally or in writing by the supervising agency staff. Three personal references that speak to the prospective caregiver’s parenting skills;

b. The supervising agency shall obtain a current employment reference for each applicant. At a minimum, this reference shall include sufficient information to establish or corroborate the applicant’s current employment and income. If current employment is less than two consecutive years in duration, secondary employment references shall be obtained. Employment reference;

c. The supervising agency staff shall make reasonable efforts to obtain references from the adult children of each applicant. These references shall address the applicant’s suitability to become a licensed out-of-home caregiver. All unsuccessful attempts to solicit information shall be documented, and the overall impact of the missing information considered as a part of the recommendation to grant or deny a license. References from adult children;

d. The supervising agency shall obtain references from school personnel of each school age child residing in the home. School references on all school age children;

e. The supervising agency shall obtain references from the child care provider of any preschool age child residing in the home who is enrolled in a child care program. Childcare references for all preschool children receiving child care services;

f. g. References and documentation regarding any previous licensure as out-of-home caregivers.

13. Family Documents:

a. Documentation of legal Florida residency, proof of legal status in the United States (for non-citizens) for applicants not born in the United States (United States citizenship is not required);

b. Driver’s license(s) and driving record(s) for household members who may transport children;

c. Vehicle insurance.

14.13. Family Foster Home Safety Documentation:

a. Satisfactory home environmental health inspection report from completed by a licensing specialist who has been trained by the state or the local health department in the areas of water supply, food holding temperature, plumbing, vermin and vector control, sewage, and garbage and rubbish disposal;

b. Radon testing results (when applicable);

c. through g. No change.

15. All prospective, licensed out-of-home caregivers must complete The Fire Arms Acknowledgement form CF-FSP 5343, February 2013, CF-FSP 5346, February 2012 incorporated by reference and available at www.dcf.state.fl.us/publications/.

(5)(7) No change.

(6)(8) If the application packet is approved, a license shall be issued to the applicant(s). The license shall include the name and address of the caregiver(s), the name of the supervising agency, along with the licensed capacity, and the dates for which the license is valid. The Regional Managing Director regional administrator or designee within upper level management shall sign the license. Any limitations shall be displayed on the license if the home study indicates the necessity for such restrictions, such as specific age or gender preference. An initial license is valid for one year from the date of issuance unless the license is revoked or voluntarily relinquished.

(7)(9) A copy of the license shall be provided by the Regional Llicensing Aauthority to the lead agency.

(8)(10) When the department determines that the application shall be denied, the department shall promptly notify the applicant and supervising agency by certified mail, identifying the reasons for the denial of the license, the statutory authority for the denial of the license, and the applicant’s right of appeal pursuant to Chapter 120, F.S. The denial and reason(s) for denial shall promptly be recorded in the Florida Safe Families Network by the supervising agency.

(9)(11) No change.

Rulemaking Authority 409.175, 435.01 FS. Law Implemented 409.175, 435.04 FS. History–New 4-6-08, Amended__________.

 

65C-13.026 Continuing Education.

(1) Prior to the annual renewal of a traditional foster home license, each licensed out-of-home caregiver shall successfully complete at least 8 eight hours of continuing education. Foster homes that qualify for a three year license shall complete 24 twenty-four hours of continuing education prior to the renewal of the license. The supervising agency may require therapeutic and medical foster homes to complete additional continuing education hours based on the level of therapeutic and medical care they provide. Licensed out-of-home caregivers shall be offered continuing education opportunities by their supervising agency. Continuing education opportunities shall be offered no less than quarterly and at times and places convenient to the licensed out-of-home caregiver. For those licensed out-of-home caregivers unable to attend, other methods shall be developed for satisfying this requirement. Continuing education materials shall be approved by the supervising agency prior to use. Documentation of completed continuing education shall be documented on the provider training page in Florida Safe Families Network.

(2)No change.

(3) If the absence of the caregiver during training would leave children without approved adult supervision, the supervising agency shall make arrangements for child care or shall reimburse the caregiver for child care purchased at a reasonable rate by the parents for children in their care.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08, Amended__________.

 

65C-13.027 Changes During the Licensed Year.

(1) Requirements.

(a) The licensed out-of-home caregiver shall report law enforcement involvement with any household member. Law enforcement involvement includes arrests, incidents of domestic violence, driving infractions and any local law enforcement response to the home over the course of the licensed year. In addition, the caregiver shall report a change in marital status; a change in household composition; a change of physical address; changes in financial situation such as bankruptcy, repossessions and evictions; serious health issue such as a debilitating injury or communicable disease regarding a household member; change in contact information; change in employment or significant change in work schedule to the supervising agency within 48 forty-eight business hours of the change occurring. A significant change in work schedule occurs when a licensed caregiver’s work schedule differs from the work schedule at initial licensure, and the new schedule causes the caregiver to seek child care. For example, a licensed caregiver’s work schedule changes from part-time to full-time employment. The supervising agency shall notify the lead agency within 24 twenty-four business hours of learning of any of these changes. Failure to do so may be reason to suspend, deny or revoke a license if the non-reported situation threatens the safety or well-being of any child in care, or results in the non-conformity with licensing requirements stated in this rule.

(b) No change.

(c) All new household members age 18 and older shall be fingerprinted within five days of residence and those fingerprints shall be submitted to the Florida Department of Law Enforcement within five days of the receipt of the fingerprints by the supervising agency. All household members shall meet the requirements for background screening.

(2) Significant Change in Household Changes Composition.

(a) The licensed out-of-home caregiver must also report the following significant household changes: Marital Status. Reportable changes include marriage, separation, reconciliation, divorce or death of a spouse.

(b) Within 10 calendar days from If a licensed out-of-home caregiver marrying marries or reconciling reconciles with an unlicensed spouse or partner, the unlicensed spouse or partner shall complete an “Application for License to Provide Out-of-Home Care for Dependent Children”, CF-FSP 5007, February 2013, September 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/, submit fingerprints within five calendar days of residence for background screening, unless previously completed, attend parent preparation pre-service training, if not previously completed within the last five years, and meet all licensing requirements. The unlicensed spouse or partner shall have six months from the date of marriage or reconciliation to complete pre-service training. Failure to meet the licensing and background screening provisions which may threaten the safety of any child in care, or place the home in violation of the licensing standards, are grounds for denial, suspension or revocation of an application or license. During this evaluation period, the home remains licensed and previously placed children may remain in the home pending the outcome of the assessment. No new children shall be placed in the home until the application has been completed and approved. The supervising agency will update the home study summary, including interviews with all children in the home, verification of satisfactory background screening, and verification of income and expenses, and submit to the lead agency within 30 days of any marriage or reconciliation.

(c) The supervising agency will update the home study summary, including interviews with all children in the home, verification of satisfactory background screening, and verification of income and expenses, and notify the lead agency and the department within 30 days of any marriage or reconciliation. Once all licensing requirements have been met, the supervising agency shall update the home study summary and submit a request to the licensing authority for the issuance of a new license.

(b)(d) In cases of separation, divorce or death of a spouse, paramour, or partner, the supervising agency shall update the home study summary and assess its impact upon the children placed in the home. The home study summary update shall include interviews with the children, if age appropriate, verification of income and expenses and the remaining caregiver’s plan to meet all financial obligations. The updated home study shall be submitted to the Regional Llicensing Aauthority within 45 forty-five calendar days for issuance of an amended license.

(c)(e) New Household Member. When new members join the household, the supervising agency shall update the home study summary, address the changes in sleeping arrangements, and submit to the lead agency at the time the home is relicensed within thirty days.

(d)(f) Once all licensing requirements have been met, the supervising agency shall update the home study summary and submit a request to the licensing authority for the issuance of an amended a new license.

(3)(g) Change of Location. A license is issued for a specific location and is not transferable. A licensed out-of-home caregiver shall notify the supervising agency no less than 30 thirty days prior to the expected date of the relocation. The supervising agency shall complete a relocation packet for submission to the Regional Llicensing Aauthority for issuance of a license.

(a)(h) Within Region.

1. Changing location within the region shall require an “Application for License to Provide Out-of-Home Care for Dependent Children”, CF-FSP 5007, February 2013, September 2007, available at www.dcf.state.fl.us/publications/; an updated home study which contains a description of the home and neighborhood, school changes, sleeping arrangements, 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. A provisional license may be issued prior to the health inspection after the supervising agency conducts a safety assessment of the new location. This provisional license will expire within 90 days of issuance by the Regional Llicensing Aauthority. No new children shall be placed in a home that is provisionally licensed.

2. The supervising agency shall obtain all required documentation and submit it to the lead agency and Regional Llicensing Aauthority for review., The lead agency will submit all required documents to the Regional Licensing Authority to initiate the for issuance of a standard license.

3. through 5. No change.

(b)(i) Between Regions.

1.a. through b. No change.

2. The current supervising agency shall secure a release of information form from the family that is relocating, “Release of Information”, CF-FSP 5090, February 2013, incorporated by reference and available at www.dcf.state.fl.us/publications/. The current supervising agency shall then send the new supervising agency information to allow the agency to access the family’s information in FSFN. If the new supervising agency does not have access to FSFN, the current supervising agency shall provide a complete copy of the licensing file, including the new contact information for the out-of-home caregiver, to the new supervising agency send the new supervising agency a complete copy of the licensing file to include the new contact information for the out-of-home caregiver.

3. through 4. No change.

5. Prior to submission of the home study and application packet, the new home remains unlicensed but a provisional license may be issued after the safety assessment is completed and received by the new Regional Llicensing Aauthority and prior to the satisfactory home environmental health inspection report completed by a licensing specialist who has been trained by the state or local health department to conduct such inspections. by the county health department. This provisional license will expire within 90 days of issuance by the Regional Licensing Authority. No new children shall be placed in a home that is provisionally licensed.

6. No change.

7. If the decision is made to deny the new application, the Regional Llicensing Aauthority will notify the applicant and supervising agency by certified mail within five working days of the decision to deny, identifying the reasons for the denial of the license, the statutory authority for the denial of the license, and the applicant’s right of appeal pursuant to Chapter 120, F.S. The denial and reason(s) for denial shall promptly be recorded in the Florida Safe Families Network by the supervising agency. If there are any children that moved with the caregiver from the former region, the Regional Llicensing Aauthority will notify the new supervising agency within twenty-four hours of the decision to deny the application. The new supervising agency shall notify the former supervising agency and the contracted service provider responsible for courtesy supervision within twenty-four hours of receiving the notice. All possible placement options, the possible risk to the children and their best interest shall be considered and a decision made regarding their placement within twenty-four hours of receipt of the notification. The removal and placement of the children is the responsibility of the former supervising agency and the contracted service provider with primary responsibility for supervision of the children.

(c)(j) Out of State. The same process as outlined for a change in region is to be followed. However, if the children are to move out of state with the licensed out-of-home caregiver, the primary case manager is required to initiate an Interstate Compact for the Placement of Children request pursuant to Section 409.401, F.S. In any instance where the decision to relocate to another state is made or it is intended to send or bring the child to the receiving state, or the child and existing family unit have already been sent or brought to the receiving state, an ICPC-100A, Interstate Compact Placement Request, CF 0791, February 2013 0794, incorporated by reference and available at www.dcf.state.fl.us/publications/, the required supporting documentation shall be prepared immediately upon the making of the decision, processed within five (5) business days by the sending agency’s state compact administrator and transmitted to the receiving state compact administrator with notice of the intended placement date. The sending agency’s state compact administrator shall request that the receiving state respond to the case within five (5) business days of receipt of the request and with due regard for the desired time for the child to be sent or brought to the receiving state. If the family unit and child are already present in the receiving state, the receiving state’s compact administrator shall determine within five (5) business days of receipt of the 100A and complete home study request packet whether provisional approval shall be granted and provide the decision in writing to the sending state compact administrator by facsimile, mail, overnight mail or electronic transmission, if acceptable. If extenuating circumstances exist, the case manager shall provide an explanation and documentation of the circumstances surrounding the move for consideration and processing by the Florida Interstate Compact for the Placement of Children Office.

(4)(k) Change of Supervising Agency. Between supervising agencies.

(a)1. A currently licensed out-of-home caregiver wishing to change providers shall file an “Application for License to Provide Out-of-Home Care for Dependent Children” CF-FSP 5007, February 2013, September 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/, with the desired supervising agency.

(b)2. The desired supervising agency shall:

1.a. Request all information concerning the performance of the respective licensed out-of-home caregiver from the current supervising agency, including their recommendation for licensure;

2.b. Consider the application and advise the applicant in writing of whether it does or does not find the family appropriate for transfer to their agency within 30 thirty days of receipt of the application; and

3.c. Notify the sending agency and the department of the determination.

4.d. If the family is found to be inappropriate for continued licensure, the supervising agency and Regional Licensing Authority shall deny the application and the department shall make the family aware of the appeal process. The denial and reason(s) for denial shall promptly be recorded in the Florida Safe Families Network by the supervising agency.

(c)3. No change.

(d)4. No change.

(e)5. If the request to change providers occurs during the licensure year, the new supervising agency need only submit an “Application for License to Provide Out-of-Home Care for Dependent Children” CF-FSP 5007, February 2013, September 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/, and letter of acceptance in accordance with the regional licensing submission process. The Regional Llicensing Aauthority will issue an amended license to reflect the new supervising agency for the remainder of the established licensure year. The new supervising agency assumes all responsibility for the annual re-licensure activities.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08, Amended_________.

 

65C-13.028 Re-Licensing.

(1) No change.

(a) No change.

(b) Out-of-home caregivers requesting to be re-licensed shall Complete the “Application for License to Provide Out-of-Home Care for Dependent Children”, CF-FSP 5007, February 2013, September 2007, incorporated by reference and available at www.dcf.state.fl.us/ publications/. Persons living together in a caretaking role shall both sign the application. Any licensed out-of-home caregiver that requests an application either verbally or in writing for re-licensure shall be provided one.

(c) No change.

(d) The supervising agency shall ensure the completion of the application process by doing the following:

1. Request a home environmental health inspection report to be completed by a licensing specialist who has been trained by the state or local health department an environmental inspection from the local health department. The request shall be made 60 days in advance of the home’s re-licensing due date to facilitate the receipt of a satisfactory environmental health inspection report prior to the expiration of the license. For the homes that are issued a three-year license, the health inspection is not required annually; however, the home health inspection must be completed before the end of the three-year licensure period. In the event the home is issued a three year license, an annual inspection will not be required; however, the home will be inspected at the time the three year license expires.

2. No change.

(e) No change.

(f) References. The supervising agency responsible for completing the re-licensing home study shall obtain and review information about the home from the “Case Manager’s Review of the Licensed Out-of-Home Caregiver’s Performance”, CF-FSP 5223, June 2011 March 2007 incorporated by reference and available at www.dcf.state.fl.us/publications/, for the case managers who have supervised children in the home during the previous licensing year.

2.

(g) through (h) No change.

(2) No change.

(2)(a) No change.

(b) The supervising agency shall review and discuss The Partnership Plan for Children in Out-of-Home Care, CF-FSP 5226, March 2013, June 2011, incorporated by reference and available at www.dcf.state.fl.us/publications. with the applicants.

(c) through (e) No change.

(3) Re-licensing Home Study. As a part of the re-licensing application packet, the supervising agency shall make a thorough evaluation of each licensed out-of-home caregiver and document this evaluation using the Unified Home Study module in FSFN. The updated in a re-licensing home study, which shall include, at a minimum:

(a) through (h) No change.

(i) Family life.

1. Documentation of the licensed out-of-home caregiver’s support and integration of children into the family, such as attendance at and involvement with children’s activities; ensuring children have reliable transportation to school, social events, medical appointments; and inclusion in other family activities. The licensed out-of-home caregiver shall attend children’s activities, transport children to school, social events, medical appointments and include them in family activities. The supervising agency will dDescribe the licensed out-of-home caregiver’s attentiveness to the provision of clothing and allowances to the children in their care.

2. No change.

3. Documentation Document of the licensed out-of-home caregiver’s compliance with proper administration and monitoring of medication, cooperation with medical directives and appointments;

4. No change.

(j) through (m) No change.

(n) Other Adult Household Members. Documentation of the The following information shall be obtained and documented for any other adult household members whether or not they intend to supervise or provide care to the foster child:

1. All required background screening; The responsibilities the applicant(s) will expect the other adults in the household to have with children placed in the home.

2. Medical History that may impact the care and safety of the child;

3. Role in the family and involvement with the child;

(o) through (p) No change.

(q) Youth Exit Interviews. An exit interview, Exit Interview with Foster Child About Foster Parents, CF-FSP 5353, March 2013, incorporated by reference and available at www.dcf.state.fl.us/publications, must be conducted and assessed with every child ages five through eighteen who lived in the home for 30 days or longer must be conducted and assessed;

(r) through (t)No change.

1. through 2. No change.

3. If re-licensure is not recommended, the applicant must be made aware of the appeal process by the Regional Llicensing Aauthority. Attempts must be made to assist the licensed out-of-home caregiver in overcoming identified deficiencies; The denial of re-licensure and reason(s) for denial shall promptly be recorded in the Florida Safe Families Network by the supervising agency.

4. No change.

(4)(5) Re-Licensing Process. Re-licensing Application Packet. All relicensing documentation shall be submitted using either the Attestation Model or traditional model for relicensing

(a) If the region and community based care lead agency do not participate in the attestation model for license, within ten working days of receipt of the re-licensing packet, the Regional Llicensing Aauthority shall determine if the re-licensing application packet is complete and notify the lead supervising agency in writing of the need for any additional materials or information within 10 working days of receipt of the re-licensing packet. The lead supervising agency must submit the necessary materials or information to the Regional Llicensing Aauthority within ten working days of receipt of the written notice. A license cannot be issued until all information has been received in order to ensure the safety and well-being of children.

(b) through (c) No change.

(d) If the submitted application packet is not complete at the time the existing license expires, the renewal date of licensure shall be the actual date of approval by the Regional Llicensing Aauthority. No child shall be placed or remain in an unlicensed setting.

(e) A copy of the license shall be provided by the Regional Llicensing Aauthority to the lead agency for dissemination to the supervising agency. The supervising agency is responsible for sending the license to the family.

(f) If the supervising agency or Regional Llicensing Aauthority determines that the out-of-home caregivers have not satisfactorily met the standards for continued licensure, the licensing authority shall consult with the Regional Legal Counsel, lead agency and supervising agency, concerning the appropriate course of action.

(g) If the Regional Llicensing Aauthority denies the application for re-licensure, and the applicant does not voluntarily withdraw the application, the Regional Llicensing Aauthority shall proceed with formal actions.

(h) Licensed out-of-home caregivers meeting the criteria of Section 409.175, F.S., may be issued a license for longer than one year, but no longer than three years. During the three-year period the licensing counselor shall annually conduct a minimum of one face to face visit in the home. The licensing agency shall submit local law enforcement screenings, abuse registry checks, FBI and FDLE clearance based on the five year renewal date and other documentation outlined in this section and submit it to the Regional Llicensing Aauthority with a statement certifying that the family continues to meet all licensing requirements annually.

(5)(3) Three-Year License. Section 409.175, Florida Statutes, and subsection 65C-13.028(4)(5)(h), (i), Florida Administrative Code, grant the authority to licensing agents to issue a license for up to three years to a family foster home (this includes does not include medical or therapeutic foster homes) meeting specific criteria. A family foster home shall meet the following criteria to be considered for a three year license:

(a) through (f) No change.

(g) The number and frequency of placements that result in disruptions Trends in placement and disruptions will be considered and used in the decision as to whether to issue a three-year license.

(6)(4) Documentation. A brief, yet concise summary that is completed annually using the Unified Home Study module in FSFN will replace the Re-licensing Summary for Licensed Homes for Dependent Children. This summary must address all changes that have occurred in the household during the licensing year and allow foster parents to discuss any issues, concerns or triumphs they experienced during the licensing period. The summary shall include:

(a) Youth exit interviews and case manager reviews. will be included in the summary.

(b) through (g) No change.

(h) The annual health inspection is waived for three-year licensed homes and only occurs at the expiration of the three year licensing period. Family foster homes that are dependent upon well water for drinking, cooking and bathing, must have their water tested anytime during the licensure period if contamination is suspect, such as during inclement weather.

(7)(5) No change.

(a) through (b) No change.

(c) Applicants who have previously completed a departmentally approved pre-service training curriculum in the past five years, and who can provide proof of completion, shall not be required to complete pre-service training. Applicants who completed pre-service training in another state may be exempt from pre-service training if the curriculum is the same as an approved version of pre-service training offered in Florida. Supervising agencies shall submit a copy of the curriculum to the Regional Llicensing Aauthority for review and approval if the previously completed training is not an approved curriculum in Florida.

(8)(6) No change.

(d) Required background screening for previously licensed out-of-home caregivers shall be completed no more than 90 then ninety days prior to the submission of the application.

(e) No change.

(f) A copy of the license shall be provided by the Regional Llicensing Aauthority to the supervising agency.

(g) If the Regional Llicensing Aauthority denies the application for re-licensure and the applicant does not voluntarily withdraw the application, the Regional Llicensing Aauthority shall proceed with formal actions. The denial of re-licensure and reason(s) for denial shall promptly be recorded in the Florida Safe Families Network by the supervising agency.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08, Amended_________.

 

65C-13.029 Licensed Out-of-Home Team Member Roles.

(1) Responsibilities of the Licensed Out-of-Home Caregiver to the Child.

(a) The licensed out-of-home caregiver is a valued and respected member of a team that supports children and youth in out-of home care. The team consists of the professionals representing the department, the lead agency, the licensing authority or supervising agency, the case manager, caregiver, and other professionals with responsibility for the welfare of children in care. With support from the team, caregivers have primary responsibility for the care, nurture and development of a child in his or her home. They have a voice in the case plan and as to the decisions made by the team and other professionals with responsibility for the welfare of children in their care. They are recognized partners in ensuring that children are safe, loved, and nurtured when they are in department custody. As part of the team, the caregiver is authorized by the department to promote normalcy for the child to the fullest extent possible, and to ensure that the child is allowed to participate in age-appropriate activities at home, in school and in the community. The caregiver advocates for and supports the child in order to minimize trauma to the greatest degree possible, including trauma stemming from the transition from and to their home and other placements. As part of the team, the caregiver supports the child in maintaining progress in school or exceeding past performance when possible. The caregiver helps the child to acquire life and social skills consistent with their age and maturity level. With support from the team, the caregiver ensures that the child receives appropriate health, dental and mental health care as needed, and works with families, where permitted by the court, to promote visitation and the safe return of children to their families care. Caregivers are encouraged to share their perspectives with team members and the courts with respect to the best interest of the child(ren) in their care. The licensed out-of-home caregiver shall be a is a valued and respected member of a team that supports children and youth in out-of home care. The team consists of the professionals representing the department, the lead agency, the Regional Llicensing Aauthority or supervising agency, the case manager, caregiver, and other professionals with responsibility for the welfare of children in care. Caregivers With support from the team, caregivers have primary responsibility for the care, nurture and development of a child in his or her home. The caregiver is required to promote normalcy for the child to the fullest extent possible. Therefore, caregivers shall:

1. Provide input into the development of the child’s case plan and other decisions made by the team.

2. Ensure that children in their care are safe, loved, and nurtured.

3. Allow the child to participate in age-appropriate activities at home, in school, and in the community.

4. Advocate for and support the child in order to minimize trauma to the greatest degree possible, including trauma stemming from the transition from and to their home and other placements.

5. Support the child in maintaining progress in school or exceeding past performance when possible.

6. Help the child to acquire life and social skills consistent with their age and maturity level.

7. Ensure that the child receives appropriate health, dental, and mental health care as needed.

8. Work with families, where permitted by the court, to promote visitation and the safe return of children to their families’ care.

9. Share their perspectives with team members and the courts with respect to the best interest of the child(ren) in their care.

(b) through (f) No change.

(g)1. through 7. No change.

8. Licensed out-of-home caregivers shall should work in partnership with the child’s case manager in maintaining awards, legal documents, special recognitions, family photos, and other items that will help the child maintain a sense of his or her identity and connections.

(h) through (m) No change.

(n)1.a. through e. No change.

f. Children in out-of-home care shall be encouraged and assisted in participating in activities such as having his or her picture taken for publication in a newspaper or yearbook; receiving public recognition for accomplishments; participating in school or after-school organizations or clubs; and participating in community events. Children shall be able to participate in activities that promote personal and social growth, self-esteem and independence as long as they are not identified as dependent children. Confidentiality requirements for department records shall not restrict the children’s participation in customary activities appropriate for the child’s age and developmental level.

g. Children in licensed out-of-home care shall be afforded every opportunity for social development, recreation, and normalization of their lives. Children in licensed out-of-home care may attend overnight or planned outings if such activities are determined to be safe and appropriate by the licensed out-of-home caregiver. The case manager shall be available for consultation and must be notified of the activity. The child’s case manager shall be notified within 48 hours of overnight trips exceeding one night. These trips must not interfere with visitation schedules. Background screening is not necessary for participation in normal school or community activities and outings, such as school field trips, dating, scout campouts and activities with friends, families, school and church groups.

h. No change.

i. The licensed out-of-home caregiver is expected to allow children to experience circumstances without adult supervision depending on the child’s age, maturity, and ability to make appropriate decisions. The licensed out-of-home caregiver’s familiarity with the child and the circumstances in which the child shall be unsupervised shall be the primary factors in the decision-making. The licensed out-of-home caregiver is ultimately responsible for the supervision of the child. Therefore the licensed out-of-home caregiver shall be prudent and conscientious about circumstances where the child is granted independence, including trips to the movies, mall, athletic events and work.

j. The licensed out-of-home caregiver shall have knowledge of where and with whom the child is staying and the type of supervision and care the child shall be receiving before approving an outing or overnight activity. The licensed out-of-home caregivers shall meet the adult who will be supervising prior to allowing the child to spend the night away from their licensed placement or exercise the same reasonable and prudent decision-making they would use in making this decision for their own children. Overnight trips exceeding one night must be approved by the child’s case manager and must not interfere with visitation schedules.

i.k. No change.

2. Food and Nutrition.

a. The licensed out-of-home caregiver shall provide nutritionally balanced meals and age appropriate snacks daily.

b. through c. No change.

3. Clothing and Personal Belongings.

a. through c. No change.

d. Licensed out-of-home caregivers shall keep an inventory of belongings the child brought to the home, as well as those purchased or subsequently obtained for the child. When the child leaves the family home, the licensed out-of-home caregiver must send along with the child him all serviceable clothing and personal belongings bought for, earned or given to the child. This includes any toys, bicycles, radios, or other things that are the child’s personal belongings.

4. No change.

5. Discipline.

a. No change.

b. Licensed out-of-home caregivers shall use positive methods of discipline. Acceptable methods of discipline include: are reinforcing acceptable behavior, expressing verbal disappointment of the child's behavior, loss of privileges, grounding, restricting the child to the house or yard, or sending the child out of the room and away from the family activity,; and redirecting the child's activity.

c. through j. No change.

6. Health Care.

a. Licensed out-of-home caregivers are responsible for ensuring the child has routine medical, vision and dental care. The case manager shall promptly provide licensed out-of-home caregivers with the child’s prescription medication and information regarding any medical, vision and dental interventions necessary for the child’s health and well-being. Licensed out-of-home caregivers are responsible for administering and documenting medication as prescribed for the child. The amount, date and time the medication is administered to the child shall be documented and kept with the child’s resource record. Licensed out-of-home caregivers shall keep accurate records of the administering of all medications, including psychotropic medications, and of medical treatment and interventions. No child shall be given prescription medication without a physician’s prescription or medication prescribed to another person.

b. Maintaining and keeping the medical history current is the responsibility of the licensed out-of-home caregivers.

c. Licensed out-of-home caregivers shall transport and accompany children for necessary medical, dental or other appointments. If transportation cannot be provided by the licensed out-of-home caregiver, he or she shall contact the child’s case manager who shall be responsible for arranging transportation.

d. Licensed out-of-home caregivers shall ensure that each child who needs medical attention receives appropriate and adequate medical services promptly.

e. Licensed out-of-home caregivers shall notify the case manager or supervising agency of any serious illness or any injury that requires medical treatment for a child. Licensed out-of-home caregivers shall notify the supervising agency immediately if any of the following occur a child requires hospitalization or emergency medical treatment; or a child dies; or any other life-threatening situation occurs.

7. No change.

8. Medicine.

a. Licensed out-of-home caregivers are responsible for administering and documenting medication prescribed for the child. The amount, date and time the medication is administered to the child shall be documented and kept with the child’s resource record.

b. No child shall be given prescription medication without a physician’s prescription or medication prescribed to another person.

8.9. Resource Records. The child’s resource record (CRR) shall be maintained by the licensed out of home care giver. The CRR is a standardized record developed and maintained for every child entering out-of-home care that contains copies of the basic legal, demographic, available and accessible educational, and available and accessible medical and psychological information pertaining to a specific child, as well as any documents necessary for a child to receive medical treatment and educational services. Where medical or educational information is not available and accessible, written documentation of the efforts made to obtain the information must be in the file. The Child’s Resource Record (CRR) shall be housed where the child is placed and shall accompany the child to every health encounter and shall be updated as events occur as set forth in paragraph 65C-30.011(5)(a), F.A.C.

9.10. i. Education. Licensed out-of-home caregivers shall work in partnership with the child’s case manager to address the child’s educational needs and to allow for the continuation of school. To further promote visibility within the community, children in care may not be home schooled.

10.11.j. Allowances. Children in licensed out-of-home care shall receive an allowance. The licensed out-of-home caregiver shall not expect the child to use this allowance for purchasing personal hygiene items, school supplies, clothing or other necessities. Allowances are not to be withheld as a form of discipline.

(2) No change.

(a) through (f) No change.

(g) Licensed out-of-home caregivers shall notify the child’s case manager at least two weeks in advance of vacations in which the child shall be participating.

(h) Licensed out-of-home caregivers shall notify the child’s case manager within 24 hours of any sexually inappropriate action or behavior by the child.

(i) No change.

(3) No change.

(a) through (f) No change.

(4) Responsibilities of the Licensed Out-of-Home Caregivers to the Regional Licensing Authority and Supervising Agency.

(a) through (d) No change.

(e) Licensed out-of-home caregivers shall keep confidential all information about the child and the child’s family. Discussing this information shall be limited to a Regional Llicensing Aauthority or agency staff member, Guardian Ad Litem, or other authorized professional working with the child.

(e) Licensed out-of-home caregivers shall keep confidential all information about the child and the child’s family. Discussing this information shall be limited to a licensing authority or agency staff member, Guardian Ad Litem, or other authorized professional working with the child

(5) Responsibilities of the Supervising Agency and the Regional Llicensing Aauthority to the Licensed Out-of-Home Caregiver and Children in Care.

(a) through (d) No change.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08, Amended_________.

 

65C-13.030 Standards for Licensed Out-of-Home Caregivers.

(1) Requirements.

(a) There shall be no more than five children in a licensed home, including the licensed out-of-home caregiver’s children unless an over capacity exception waiver has been approved.

(b) There shall be no more than two children under the age of two years in a home, including the licensed out-of-home caregiver’s children unless exception waiver has been approved.

(c) There shall be no more than two children placed in a therapeutic family foster home unless an exception a wavier has been approved.

(d) Each licensed out-of-home caregiver shall sign a Partnership Plan for Children in Out-of Home Care, CF-FSP 5225, February 2013, incorporated by reference and available at www.dcf.state.fl.us/publications. The agreement shall be reviewed, and discussed with a licensing counselor prior to initial licensure and again at each re-licensure. The document must be signed by a representative from the supervising agency and the potential or licensed out-of-home caregiver.

(e)(d) No change.

(f)(e) No change.

1. through 3. No change.

(2)(a) through (c) No change.

(d)(f) Child care. Child care for children in licensed out-of-home care shall be chosen by the caregiver(s) according to the following order: shall be with a licensed or registered child care provider.

1. Gold Seal accredited child care providers or providers participating in a quality rating system;

2. Licensed child care providers;

3. Public school providers;

4. License exempt child care providers, including religious exempt, registered, and non-public schools. These providers must be participating in the school readiness program through the local early learning coalition with a licensed or registered child care provider.

If there is no available Gold Seal accredited child care provider or space for the child at the Gold Seal provider, then the caregiver shall chose a licensed child care provider. If a licensed child care provider has no availability, the caregiver shall chose a public school provider. If there is no availability at a public school provider, the caregiver shall chose a license exempt child care provider per subparagraph 65C-13.030(2)(d)4., F.A.C. The cost of child care shall be assumed by the licensed out-of-home caregiver to the extent that subsidized child care is unavailable.

(3) Physical Environment.

(a) The home shall be inspected by a licensing specialist who has been trained by the state or local health department to conduct such inspections. The home must representative of the environmental health office of the local public health department and receive a satisfactory inspection result for water supply, food holding temperature, plumbing, vermin and vector control, sewage, and garbage and rubbish disposal, prior to initial licensing and annually prior to re-licensing.

1. through 5. No change.

(b) No change.

(c)(b) Outdoor Area. No change.

(d)(c) Water Safety and Supervision. No change.

(e)(d) In Ground Swimming Pools.

1. Swimming pools shall have a barrier on all sides at least four feet high. The barrier may consist of the house plus a fence on the remaining sides or fence enclosing the pool. If a wall of a dwelling serves as part of the barrier, it must not contain any door or window that opens to provide access to the swimming pool.

2. through 3. No change.

4. Swimming pools, in ground and above ground, shall be equipped with one of the following life saving devices: ring buoy; rescue tube; flotation device with a rope; or a shepherd’s hook of sufficient length to cover the area.

(f)(e) Above Ground Pools.

1. through 3. No change.

4.6. Hot tubs and spas not adjoined to an in ground pool shall be required to have a safety cover that is locked when not in use.

(g)(f) Other Bodies of Water.

1.-2. No change.

(h)(g) Interior Environment.

1. through 3. No change.

4. The door of each bathroom shall have a lock. that may be opened from the outside in an emergency.

5. through 10. No change.

11. No change.

(i)(h) Sleeping Arrangements.

1. through 4. No change.

5. Bunk beds shall be safe and sturdy. Bunk beds shall be equipped with safety rails on the upper tier for a child under the age of ten or for any child whose physical, mental, or emotional condition indicates the need for such protection. Beds bunked higher than two tiers must have a manufacturer sticker of safety and must not be placed under or near ceiling fans. Children five years old and younger may not sleep on the third tier of a three tiered bunk bed. Beds shall not be bunked higher than two tiers.

6. through 14. No change.

(j)(i) Family Foster Home Safety.

1. through 5. No change.

6. Storage of guns shall comply with the requirements of CF-FSP 5343, Acknowledgement of Firearms Safety Requirements, effective February 2013 2012, which is hereby incorporated by reference and available online at www.dcf.state.fl.us/publications/. A copy of the form is also available upon request by contacting the Office of Family Safety at 1317 Winewood Boulevard, Tallahassee, Florida 32399. If an agency receives a public records request after the promulgation of this rule, identifying information such as number of guns owned, or place of storage of guns, must be redacted.

7. No change.

(k)(j) Fire Safety.

1. through 6. No change.

7. through 10. No change.

(l)(k) Transportation Safety.

1. through 3. No change.

4. The licensed out-of-home caregiver shall not transport children in vehicles such as truck beds, motorcycles, or any other high-risk method of transportation. The licensed out-of-home caregiver shall follow Chapter 316, F.S., related to transportation of children.

(m)(l) Disaster Plans.

1. through 2. No change.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08, Amended 7-21-10,________.

 

65C-13.031 Terms of a License.

(1) through (11) No change.

(12) Record Confidentiality. Any information made confidential by Section 409.175, F.S., shall be exempt from release unless otherwise ordered by the court. This confidentiality and exemption also applies to records maintained by community-based care providers acting as contractors for the department pursuant to Section 119.011, F.S.

(13) File Retention.

(a) 1. through 2. No change.

3. Waivers and exceptions; and

4. Other additional documentation obtained regarding the licensed home.

(b) through (f) No change.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08. Amended_________.

 

65C-13.032 Over-Capacity Assessments and Exceptions Waivers.

(1) through (3) No change.

(4) Over-Capacity Exception Waiver and Age Differential Approvals.

(a) Written approval of the exception waiver shall be obtained prior to placement when the licensed capacity and recommended ages of children are exceeded. The exception wavier shall be approved by the supervisor in writing or via electronic method and shall be approved personally and in writing the next business day by the Regional Managing Director Administrator or the Chief Executive Officer for the Community-Based Care Lead Agency or their designee.

(b) No change.

(c)The approval for the over-capacity exception waiver shall automatically expire when the total number of children in the home is at or below the licensed capacity.

(d) No change.

(e) All child placements shall be recorded in the Florida Safe Families Network by the supervising agency within forty-eight hours of placement. When such a placement causes a home to exceed a total of five children, the approval shall be recorded on the provider licensing screen.

Rulemaking Authority 409.175 FS. Law Implemented 409.175(3)(a), 409.175(3)(b)-(c), 409.175(5)(a)4., 409.175(5)(b) FS. History–New 4-6-08, Amended_______.

 

65C-13.033 Babysitting, Overnight Care, Extended Overnight Care and Other Supervision Arrangements.

(1) No change.

(2) All respite care providers shall be furnished with written information on the children in their care including:

(a) Telephone numbers for the services worker in case of an emergency;

(b) Medical authorization and instructions on seeking medical care;

(c) Medications, instructions for administering, and the log for recording proper administration of the medications;

(d) Physician’s name and telephone number;

(e) School;

(f) Medicaid number; and

(g) Medical, physical or behavioral concerns.

(2)(3) A licensed out-of-home caregiver is entitled to paid respite. Six hours or more shall constitute a paid respite day. Each licensed out-of-home caregiver may receive up to is entitled to a minimum of twelve paid respite days per year.

(3)(6) No change.

(4) No change.

(5)(7) Extended Other overnight care.

(a) Families shall should be expected to take children in their care on family vacations and trips whenever possible.

(b) The following procedures apply when the parent must be absent for more than 48 hours overnight and the child cannot reasonably accompany them:.

1. Foster parents will be allowed to select families or individuals who are well known to them to care for the children in their absence.

2. Except in emergency circumstances, the adults in these families must have criminal and child abuse background checks, including finger printing. In emergency circumstances, the CBC or designee will perform a local criminal abuse background check and a child abuse background check within 24 hours of the family or individual taking responsibility for the child(ren). A full background screening will be initiated the next business day. Foster parents are strongly encouraged to identify and screen multiple persons to provide care in emergency situations. Such persons shall be recorded in the Unified Home Study module in Florida Safe Families Network.

3. The foster parent will certify to the CBC or CBC designee that the home is safe and free from hazards considering the age, maturity and developmental level unique circumstances of the child.

4. The CBC shall develop a process for approving these supervision arrangements and the case manager will be informed of the arrangements.

(6)(8) No change.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08, Amended_______.

 

65C-13.034 Foster Care Referrals and Investigations.

(1) The Regional Llicensing Aauthority maintains responsibility for ensuring appropriate follow-up actions are taken on all foster care referrals and investigations. The supervising agency shall ensure that all licensed out-of-home caregivers are notified of foster care referrals. Licensed out-of-home caregivers shall be notified of investigations by the child protective investigator.

(2) The Regional Llicensing Aauthority, lead agency and supervising agency have the right to inspect the entire premises of the licensed out-of-home caregiver at any time.

(3) Foster Care Referrals. Upon receipt of a foster care referral by the child protection investigation unit, the foster care referral shall be immediately forwarded to the appropriate licensing staff. If the foster care referral is regarding a family foster home, the referral shall be immediately forwarded by the child protection investigator to the supervising agency. If the foster care referral is regarding a residential group home, the foster care referral shall be immediately forwarded by the child protection investigator to the regional licensing authority. The licensing staff receiving the foster care referral shall:

(a) Respond to the foster care referral and document any needed actions within forty-eight twenty-four hours.

(b) The supervising agency shall prepare a written corrective action plan to correct the deficiencies that are a result of a foster care referral. If licensing violations are found which do not pose an immediate threat to the health, safety or well-being of the child, the supervising agency shall prepare a written corrective action plan to correct the deficiencies. The plan shall be developed by the supervising agency in conjunction with the licensed out-of-home caregivers and shall be approved by the Regional Llicensing Aauthority.

(c) If there are concerns regarding abuse or neglect, a call shall be made to the Abuse Hotline. The Abuse Hotline staff shall iImmediately notify the placement unit, or on-call placement unit if after hours.

(4) Investigations. When the supervising agency is notified of an investigation, a staffing shall be coordinated according to local protocol. If licensing violations are found which do not pose an immediate threat to the health, safety or well-being of the child, the supervising agency or regional licensing authority shall prepare a written corrective action plan to correct the deficiencies. The plan shall be developed by the supervising agency or regional licensing authority in conjunction with the licensed licenses out-of-home caregivers or residential group home managers and shall be approved by the Regional Llicensing Aauthority.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08, Amended________.

 

65C-13.035 Administrative Actions, Appeals and Closures.

(1) General Information. All licensing action negatively impacting an out-of-home caregiver, including a denial, suspension or revocation, is subject to the procedures set forth in Section 120.60, F.S. The department is the Regional Llicensing Aauthority for all family foster homes and has final authority for approval, denial or suspension of any license.

(a) The denial, revocation, or suspension of a license shall promptly be recorded in the Florida Safe Families Network by the supervising agency.

(b) The Regional Licensing Authority shall notify the lead agency and supervising agency immediately of negative action taken regarding a license.

(2) No change.

(a)1.through 7. No change.

(a)8. All documentation shall be reviewed with the department’s legal counsel. The notice of revocation or denial shall not be sent to the out-of-home caregiver without approval of both the department’s legal counsel and the Regional Llicensing Aauthority.

(3) No change.

(a) The Regional Llicensing Aauthority shall have ninety days following receipt of a complete application packet to grant or deny the application in accordance with Section 120.60, F.S.

(b) No change.

(c) If the applicant does not withdraw the application, the supervising agency shall provide to the Regional Llicensing Aauthority sufficient information to support the recommendation of the denial. When the Regional Llicensing Aauthority determines that the license should be denied, they shall notify the applicant in writing within ten working days of the decision, identifying the reasons for the denial, the statutory authority for the denial and the applicant’s right of appeal pursuant to Chapter 120, F.S.

(4)(a) No change.

(b) If licensing violations are found which do not pose an immediate threat to the health, safety or welfare of the children, the supervising agency shall prepare a written corrective action plan to correct the deficiencies. The plan shall be developed by the supervising agency in conjunction with the licensed out-of-home caregivers and shall be approved by the Regional Llicensing Aauthority.

(c) No change.

(d) Corrective action plans are created for licensed out-of-home caregivers who have the ability to understand and correct the infraction. Corrective action plans are not created for licensed out-of-home caregivers who have previously committed licensing violations and were unable to benefit from remedial efforts. developed a pattern of deficiencies that has not been rectified by prior attempts at corrective action. In these cases, the supervising agency shall work with the licensing authority, the department’s legal counsel and lead agency to determine whether action should be taken to suspend, deny or revoke the license.

(e) through (f) No change.

(g) If the licensed out-of-home caregiver disagrees with the supervising agency’s recommendation, he or she may still request renewal of the license. The supervising agency shall accept the application and refer the licensed out-of-home caregiver’s file to the Regional Llicensing Aauthority with a recommendation for denial.

(h) No change.

(5)(a) through (d) No change.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08, Amended_________.

 

Incorporated Documents The following forms, incorporated by reference, have been amended due to substantive changes. The summary of those changes are as follows:

 

CF – 1649

The requirements concerning mental health personnel is being removed from this form; for the purposes of the Office of Child Welfare, CF – 1649 is completed by perspective foster and adoptive families not mental health personnel.

 

CF – FSP 5087

The quote from section 39.205, F.S., is being removed from this form because the statute cited as authority for the rules which incorporate the form by reference does not authorize the Department to adopt rules to implement section 39.205, F.S.

 

CF-FSP 5356 & CF-FSP 5357

The requirement to have these forms notarized is being removed from these forms because the Department has no authority to require the submission of a notarized form.

 

CF-FSP 5358

The standards have been revised to align with the amendments to Chapter 65C-13. The rule citations for each standard have been removed.