The Department intends to amend rules within chapter 65C-45, F.A.C., to improve standards for licensure of foster homes. The Department also intends to amend rule 65C-45.008, F.A.C., to conform with statutory language in ....

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

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

65C-45.008Level IV Therapeutic Foster Home and Level V Medical Foster Home Initial Licensing Requirements

65C-45.015Over-Capacity Assessments and Exceptions for all Levels of Licensure

PURPOSE AND EFFECT: The Department intends to amend rules within Chapter 65C-45, F.A.C., to improve standards for licensure of foster homes. The Department also intends to amend Rule 65C-45.008, F.A.C., to conform with statutory language in section 409.175(5), F.S.

SUMMARY: The amendments accomplish the following: 1) amends home study as follows: The licensed out-of-home caregiver shall have access to transportation available 24 hours a day, 2) adds amended form pertaining to the Memorandum of Agreement for Adoption of Attestation 3) removes the language to align with statutory language and reflect that the Agency for Health Care Administration does not have licensing requirements, and 4) reorganizes rule and clarifies requirements for overcapacity waiver requests and approval.

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.

A SERC has not been prepared.

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: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory cost associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

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: 409.145(5), 409.175(5), 435.01(2), FS.

LAW IMPLEMENTED: 409.145, 409.175, 435.04, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) No change.

(2) Attestation may be used during the initial licensure and re-licensure of a family foster home. The Department issues the license based on the community-based care lead agency’s attestation that the licensure or re-licensure file complies with state law and rule. If the child-placing agency is not contracted with a community-based care lead agency, it may submit its attestation directly to the Department.

(a) “Attestation for Foster Home Licensure,” CF-FSP 5357, April 2020, is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11818.

(b) Community-based care lead agencies participating in the attestation model for licensure must enter into a Memorandum of Agreement with the Department Regional Licensing Office. The “Memorandum of Agreement for Adoption of Attestation Model for Family Foster Home Licensing,” CF-FSP 5356, (insert date) April 2020, is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX https://www.flrules.org/Gateway/reference.asp?No=Ref-11817.

(3) Initial Licensing Unified Home Study. A staff person, certified pursuant to Section 402.40, F.S., from the supervising agency shall perform a thorough assessment of each prospective licensed out-of-home caregiver and document this assessment in the Unified Home Study section of the child welfare information system Florida Safe Families Network (FSFN). The assessment shall include:

(a) through (e) No change.

(f) Assessment and Unified Home Study details, including the following:

1. through 3. No change.

4. How the caregiver(s) is (are) willing and able to make a loving commitment to the child(ren)’s safety and well-being by:

a. through f. No change.

g. Ensuring the child’s safety by employing safety measures, including in the household, for transportation, and with pets.

(I) Transportation. The licensed out-of-home caregiver shall have access to transportation available 24 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. The licensed out-of-home caregiver shall not knowingly allow children to be transported in an uninsured vehicle. Vehicles shall be smoke free, including e-cigarettes and vapor smoke, when children are being transported. The licensed out-of-home caregiver shall ensure safety equipment is utilized.

(II) No change.

5. through 15. No change.

(g) through (k) No change.

(4) No change.

Rulemaking Authority 409.145(4) 409.145(5), 409.175(5), 435.01(2) FS. Law Implemented 409.145(2), 409.175(5)(a)-(b), (6)(a)-(b), 435.04 FS. History–New 4-26-20, Amended 11-9-20. Amended___

 

65C-45.008 Level IV Therapeutic Foster Home and Level V Medical Foster Home Initial Licensing Requirements.

(1) No change.

(2) No change.

(3) Homes shall meet all licensing standards required by the Agency of Health Care Administration.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(5)(a) FS. History–New 4-26-20. Amended______

 

65C-45.015 Over-Capacity Assessments and Exceptions for all Levels of Licensure.

(1) Licensure Capacity.

(a) The supervising agency shall make a recommendation to the Department regarding licensure capacity. The Department shall issue the licensure capacity for a home based on the factors set forth in section 409.175(3)(a), F.S. A recommendation shall be made by the supervising agency for the licensed capacity in each family foster home based on:

1. An evaluation of the skills, experience, and support network of the prospective licensed out-of-home caregiver;

2. The physical space in the home; and

3. The needs of the children served.

(b) Licensure capacity shall be reviewed during the annual reassessment for licensure.

(c) For purpose of this rule, dependent child means a child with an open dependency case placed in licensed out-of-home care.

(b) The total number of children in the home shall not exceed five (5) children, including the out-of-home caregiver’s own children unless an assessment was completed, and approval was given pursuant to Section 409.175(3)(b), F.S., and in accordance with subsection (2), of this rule.

(c) There shall be no more than two (2) infants under 24 months in a licensed home, including the out-of-home caregiver’s own children, unless an assessment was completed, and approval was given in accordance with subsection (2), of this rule.

(2) Placement Capacity.

(a) The total number of children placed in a home shall not exceed the placement capacity as outlined in Section 409.175(3)(b), F.S.

(b) Dependent children residing in a home prior to licensure which cause the home to exceed the maximum placement capacity in (a) of this section may be permitted to remain in the home once licensed. No new licensed placements may be made in the home until the number of children placed falls below the maximum placement capacity.

(c) There shall be no more than two infants under 24 months of age in a licensed home, including caregiver’s own children.

(3) Over-Capacity Placement Waiver Requests. Over-capacity placement waiver requests may be considered for subsections (2)(a) under the following circumstances to allow:

(a) A parenting youth in foster care to remain with his or her child,

(b) Siblings to remain together,

(c) A child with an established meaningful relationship with the family to remain with the family, or

(d) A family with special training or skills to provide care to a child who has a severe disability.

(4) Over-Capacity Placement Assessments.

(a) The assessment of each child in the home and of the child being placed in the home shall be completed using the Over-Capacity Assessment module in the state’s child welfare information system by the Child Placing Agencies or Department designated child welfare professional.

(2) Approval of Over-Capacity Assessments for Over Five (5) Children or More than Two (2) Infants.

(a) Assessment approvals for more than five (5) children or more than two (2) infants under 24 months of age shall be given by the supervisor in writing or via electronic method prior to placement and shall be approved personally and in writing the next business day by the

(b) The assessment of each child in the home and of the child being placed in the home shall be completed by the placement staff.

(b)1. The assessment must include:

a. through e. are redesignated 1. through 5. No change.

6.f. Placement needs and risk factors for children who have been sexually victimized or who are sexually aggressive; and

7.g. Verification that there are no active complaints, licensing standards in violation, active abuse reports, or foster care referrals for the proposed placement,; and

h. The duration of the waiver; the initial assessment approval shall not exceed 30 days. Subsequent approvals for the same child or children may be approved for 90-day extensions personally and in writing by the Regional Managing Director or their designee to include CBC executive leadership.

2. Requirements for the Assessment.

a. The placement staff shall provide to the case manager a copy of the completed assessment within five (5) business days of the child’s placement.

b. The written and approved assessment shall be placed in the licensing file of the out-of-home caregiver.

c. The licensing counselor shall conduct a home visit with the licensed out-of-home caregiver within seven (7) calendar days of a child’s placement to ensure that all services identified by the case manager are in place to support the out-of-home caregiver.

(5) Approval of Over-Capacity Placement Waivers.

(a) Over-capacity placement waiver approvals shall be approved verbally or in writing by the Department. 

(b) Approval of over-capacity placement waivers must be provided prior to placing any children in the home over the placement capacity as outlined in subsection (2).

(3) Over-Capacity Exception and Age Differential Approvals.

(a) Written approval of the exception shall be obtained prior to placement when the licensed capacity and recommended ages of children are exceeded. The exception 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 Regional Managing Director or their designee to include CBC executive leadership.

(b) An initial approval shall not exceed 90 calendar days. Subsequent approvals for the same child may be approved for 180-day extensions.

(c) The initial assessment approval by the Department shall not exceed 30 days.

(d) Subsequent approvals for the same child or children may be approved for 90-day extensions verbally and in writing by the Department.

(e)(c) The approval for the over-capacity placement waiver is child-specific and exception shall automatically expire when the number of children falls below the maximum placement capacity as outlined in subsection (2)(a).

(f)(d) All child placements in an over-capacity placement shall be recorded in the state’s child welfare information system Florida Safe Families Network (FSFN) by the supervising agency within 24 48 hours of placement. When such a placement causes a home to exceed a total of five (5) children, the approval shall be recorded as a provider licensing screen note in FSFN.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(3) FS. History–New 4-26-20. Amended____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Courtney Smith and Teanna Houston

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 2, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 65C-45.003 and .015 - September 8, 2021 and 65C-45.008 – July 11, 2022