The rule modifications contained in this document establish a uniform system of procedures and disciplinary sanctions for child care licensing standards, establishes sanctions for the Gold Seal Quality Care program and minimum standards for Gold ...

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Family Safety and Preservation Program

RULE NO: RULE TITLE
65C-22.001: General Information
65C-22.003: Training
65C-22.004: Health Related Requirements
65C-22.006: Record Keeping
65C-22.008: School Age Child Care
65C-22.009: Gold Seal Quality Care Program
65C-22.010: Enforcement
PURPOSE AND EFFECT: The rule modifications contained in this document establish a uniform system of procedures and disciplinary sanctions for child care licensing standards, establishes sanctions for the Gold Seal Quality Care program and minimum standards for Gold Seal Quality Care Accrediting Associations.
SUMMARY: The 2006 Legislature passed Senate Bill 1510 which requires the Department to establish minimum licensing standards for child care facilities that include a system of uniform enforcement and disciplinary sanctions, as well as associating licensing standard violations with Gold Seal Quality Care accreditation. The proposed rules also require the Department to establish minimum standards for Gold Seal Accrediting Associations.
The proposed rule eliminates a $25 processing fee collected by the Department for the renewal of the Florida Director Credential Certification.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 402.281, 402.305, 402.310 FS.
LAW IMPLEMENTED: 402.281, 402.305, 402.310 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 11, 2007, 9:00 a.m. (Tallahassee); September 12, 2007, 9:00 a.m. (Orlando)
PLACE: Department of Children and Families, 1317 Winewood Blvd., Bldg 4, Tallahassee, FL 32399; Department of Children and Families, 400 W. Robinson St., Hustron South Tower, 1st Floor, Conference Room B, Orlando, FL 32801
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mike Boland [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

65C-22.001 General Information.

(1) Application.

(a) Application for a license or for renewal of a license to operate a child care facility must be made on CF-FSP Form 5017, August 2007, Application for a License to Operate a Child Care Facility, which is incorporated by reference. CF-FSP Form 5017 may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare by clicking on the forms link.

(2)   License.

(a) through (b) No change.

(c) The licensed capacity, as reflected on the annual license, may never exceed the total number of children in care on site and while on field trips.

(10) Attendance. Daily attendance of children shall be taken and recorded by the child care facility personnel, documenting the time when each child enters and departs a child care facility or program. The custodial parent or guardian may document the time when their child(ren) enter and depart the child care facility or program. Such records shall be maintained for a minimum of four (4) months. Attendance forms used for Voluntary PreKindergarten or School Readiness may be used if applicable.

(11) Child Safety. Pursuant to s. 402.301, F.S., acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitute a violation of the standards in Section 402.301-.309, F.S.

Specific Authority 402.281, 402.305 FS. Law Implemented 402.281, 402.305, 402.3055, 402.308 FS. History–New 6-1-97, Amended 3-17-99, 7-26-00, 1-4-01, 7-13-03, 9-12-04,4-12-07.

 

65C-22.003 Training.

(1) through (5) No change.

(6) Annual In-Service Training.

(a) through (b) No change.

(c) Documentation of the in-service training requirement must be recorded on CF-FSP Form 5268, April 2006 September 2005, Child Care In-Service Training Record, which is incorporated by reference, and included in the child care facilities’ personnel records. CF-FSP 5268 may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida. com/childcare. A new in-service training record is required each fiscal year. The in-service training records for the previous two (2) fiscal years must also be maintained at the child care facility for review by the licensing authority.

Specific Authority 402.305 FS. Law Implemented 402.302, 402.305 FS. History–New 6-1-97, Amended 7-2-98, 3-17-99, 7-26-00, 10-10-01, 4-2-02, 7-13-03, 9-12-04, 6-30-05, 4-12-07,________.

 

65C-22.004 Health Related Requirements.

(1) No change.

(2) First Aid, Cardiopulmonary Resuscitation and Emergency Procedures.

(a) through (c) No change.

(d) Emergency Procedures and Notification.

1. Emergency telephone numbers, including ambulance, fire, police, poison control center, Florida Abuse Hotline, the county public health unit, and the address of and directions to the facility, including major intersections and local landmarks, must be posted on or near all facility telephones and shall be used to protect the health, safety and well-being of any child in daycare.

Specific Authority 402.305 FS. Law Implemented 402.305 FS. History–New 6-1-97, Amended 3-17-99, 7-26-00, 1-4-01, 7-13-03, 9-12-04, 4-12-07,_________.

 

65C-22.006 Record Keeping.

(1) through (2) No change.

(3) Enrollment Information. The facility operator shall obtain enrollment information from the child’s custodial parent or legal guardian, prior to accepting a child in care. This information shall be documented on CF-FSP Form 5219, July June 2005, Child Care Application for Enrollment, which is incorporated by reference, or an equivalent form that contains all the information required by the Department of Children and Family Services on CF-FSP Form 5219. CF-FSP Form 5219 may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare.

Specific Authority 402.305 FS. Law Implemented 402.305 FS. History–New 6-1-97, Amended 7-2-98, 3-17-99, 7-26-00, 1-4-01, 7-13-03, 9-12-04, 4-12-07,__________.

 

65C-22.008 School Age Child Care.

(1) through (2) No change.

(3) School Age Child Care Standards.

(a) through (d) No change.

(e) General Requirements.

1. All school-age child care program facilities must be clean, in good repair, and free from health and safety hazards and from vermin infestation. During the hours that the program is in operation, no portion of the building shall be used for any activity which endangers the health and safety of the children.

2. All areas and surfaces accessible to children shall be free from toxic substances and hazardous materials.

3. All potentially harmful items including cleaning supplies, flammable products, poisonous, toxic, and hazardous materials must be labeled. These items, as well as knives and sharp tools and other potentially dangerous hazards, shall be stored separately and locked or out of a child’s reach inaccessible to children.

(f) through (i) No change.

(j) Outdoor Play Area.

1. There shall be a minimum of 45 square feet of usable, safe and sanitary outdoor play area per each school-aged child, one (1) year of age or older. A minimum outside play area shall be provided for one-half (1/2) of the licensed capacity this identified population.

2. Based on the outdoor square footage, the total number of children using the play area may not exceed the outdoor capacity. The outdoor play area shall be calculated at the rate of 45 square feet per child in any group using the play area at any one (1) time.

Specific Authority 402.302, 402.305 FS. Law implemented 402.302, 402.305 FS. History–New 9-12-04, Amended 4-12-07,________.

 

65C-22.009 Gold Seal Quality Care Program.

(1) Definitions.

(a) “Active” refers to the status of a Gold Seal Quality Care Accrediting Association that has met all of the criteria of a Gold Seal Quality Care Accrediting Association for accreditation.

(b) “Effective” refers to the beginning date of a Gold Seal Quality Care provider’s designation certificate issued by the Child Care Program Office.

(c) “Expired” refers to the end date of a provider’s Gold Seal Quality Care provider’s designation certificate issued by the Child Care Program Office.

(d) “Gold Seal Quality Care Accrediting Association” refers to an accrediting association that has applied for and been approved by the Department as a Gold Seal Quality Care Accrediting Association.

(e) “Inactive” refers to the status of a Gold Seal Quality Care Accrediting Association where all criteria for accreditation are no longer being successfully met.

(f) “Nationally Recognized” refers to an association whose accrediting body is recognized, accepted and present in at least five (5) states or which had been approved as a Gold Seal Quality Care Accrediting Association by the Department prior to July 1, 2007.

(2) Provider Requirements.

(a) Gold Seal Quality Care Provider Designation Certificate.

Pursuant to Section 402.281(1), F.S., family day care homes and large family child care homes seeking to obtain a designation as a Gold Seal Quality Care provider shall provide the Department with documentation of accreditation by an accrediting association that has been approved by the Department. A list of approved accrediting associations may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare.

(b) Gold Seal Quality Care Enforcement.

1. Gold Seal Quality Care providers must maintain national accreditation in order to retain their designation. A family day care home’s Gold Seal designation will be terminated upon expiration of accreditation. In order to obtain and maintain Gold Seal Quality Care provider designation, a family day care home must meet the additional criteria outlined in Section 402.281(3), F.S.

2. If Gold Seal Quality Care designation is revoked by the Department, termination of the designation will be effective on the last day of the current period of licensure.

3. If the family day care home’s accreditation is revoked by the accrediting agency, the family day care home’s Gold Seal Quality Care designation will be terminated effective the date of revocation.

(3) Accrediting Association Requirements. Accrediting associations seeking recognition as a Gold Seal Quality Care Accrediting Association must complete and attest to the requirements referenced on CF-FSP Form 5315 August 2007 Gold Seal Quality Care Accrediting Application, which is incorporated by reference. CF-FSP Form 5315 may be obtained on the Department of Children and Family Services’ website at www.myflorida.com/childcare. Applications are accepted during the months of January and July. Denial of an application requires a minimum of a six month waiting period, from the date of denial, before re-submission during the next scheduled acceptance month.

(b) Active Gold Seal Quality Care Associations must re-apply every five (5) years by submitting form CF-FSP 5315that may be obtained on the Department of Children and Family Services’ website at www.myflorida.com/childcare. Re-applications must be received a minimum of six (6) months prior to end of the five (5) year period. Failure to submit form CF-FSP 5315 every five (5) years or denial of the application will place the accrediting association in an inactive state, during which the association is not recognized as a Gold Seal Quality Care Accrediting Association. Child care settings receiving accreditation certificates from an inactive association shall not be recognized as a Gold Seal Quality Care Provider.

(c) Inactive Gold Seal Quality Care Accrediting Associations wishing to become active must be in compliance with all requirements outlined on CF-FSP 5315 as a new applicant before being reinstated as an active Gold Seal Quality Care Accrediting Association, pending the Department of Children and Family Services’ approval.

Specific Authority 402.281 FS. Law implemented 402.281 FS. History–New_________.

 

65C-22.010 Enforcement.

(1) Definitions.

(a) “Day” means a calendar day.

(b) “Probation” is a licensing status wherein the Department or local licensing agency issues a disciplinary action imposing a deadline for a facility to remedy a violation or violations, which are within the control of the facility, to become compliant with licensing standards.

(c) “Provisional” is a licensing status wherein the Department or local licensing agency allows a facility to operate for a designated period of time although one or more licensing standards, beyond the control of the operator, have not been met.

(d) “Standards” are requirements that must be met for licensure as a child care facility and that are identified on the CF-FSP Form 5316, August 2007, Child Care Facility Standards Classification Summary. incorporated in this rule by reference.

(e) “Violation” means a finding of noncompliance by the Department or local licensing agency with a licensing standard.

1. “Class I Violation” is an incidence of noncompliance with a Class I standard as described on CF-FSP Form 5316. Class I violations are the most serious in nature, pose an imminent threat to a child including overt abuse or negligence and which could or does result in death or serious harm to the health, safety and well-being of a child.

2. “Class II Violation” is the second or subsequent incidence of noncompliance with an individual Class II standard as described on CF-FSP Form 5316. Class II violations are less serious in nature than Class I violations and could be anticipated to pose a threat to the health, safety and well-being of a child, although the threat is not imminent.

3. “Class III Violation” is the third or subsequent incidence of noncompliance with an individual Class III standard as described on CF-FSP Form 5316. Class III violations are less serious in nature than either Class I or Class II violations and pose a low potential for harm to children.

4. “Technical Support Violations” are the first or second occurrence of noncompliance of an individual Class III standard or the first occurrence of noncompliance of a Class II standard.

(2) Disciplinary Sanctions.

(a) Enforcement of disciplinary sanctions shall be applied progressively for each standard violation. In addition, providers will be offered technical assistance in conjunction with any disciplinary sanction. The Department may take into consideration the actions taken by the facility to correct the violation when determining the appropriate disciplinary sanction.

(b) Some violations may have disciplinary sanctions levied for each child or employee record or action found in noncompliance within a standard on any one inspection.

(c) Each standard violation has an assigned classification. Some violations, as identified within the Child Care Facility Standards Classification Summary, may escalate from one class to another based on the nature, severity, and/or repetition of the violation within a two (2) year period.

(d) A violation of any standard(s) that results in harm to a child may escalate to a Class I violation.

(e) Disciplinary sanctions for licensing violations that occur within a (two) 2 year period shall be progressively enforced as follows:

1. Class I Violations.

a. For the first Class I violation, the Department shall, at a minimum, issue an administrative complaint imposing a fine not less than $100 nor more than $500 per day for each violation. The Department may impose other disciplinary sanctions in addition to the fine.

b. For the second Class I violation, the Department shall, at a minimum, issue an administrative complaint placing the provider’s license on probation status for a period not to exceed 6 (six) months. The Department may also levy a fine not less than $100 nor more than $500 per day for each violation in addition to any other disciplinary sanction.

c. For the third and subsequent Class I violations, the Department shall issue an administrative complaint to suspend, deny or revoke the license. The Department may also levy a fine not less than $100 nor more than $500 per day for each violation in addition to any other disciplinary sanction.

2. Class II Violations.

a. For the first Class II violation, the Department shall issue a formal warning letter stating the Department's intent to take administrative action if further violations of the standard occur. The violation will be classified as “Technical Support.”

b. For the second Class II violation, the Department shall issue an administrative complaint imposing a fine of $50 per day for each violation. This violation, and subsequent violations, of the same standard within a two(2) year period will be classified as “Class II.”

c. For the third Class II violation of that standard the Department shall issue an administrative complaint imposing a fine of $60 per day for each violation.

d. For the fourth Class II violation, the Department shall, at a minimum, issue an administrative complaint placing the provider’s license on probation status for a period not to exceed six (6) months. The Department may also issue an administrative complaint imposing an additional fine of $75 per day for each violation.

e. For the fifth and subsequent Class II violations, the Department shall issue an administrative complaint to suspend, deny, or revoke the license. The Department may also issue an administrative complaint imposing an additional fine of $100 per day for each violation.

3. Class III Violations.

a. For the first Class III violation, technical assistance shall be provided. The violation will be classified as “Technical Support”.

b. For the second Class III violation, the Department shall issue a formal warning letter stating the Department's intent to take administrative action if further violations of the standard are found. The violation will be classified as “Technical Support”.

c. For the third Class III violation, the Department shall issue an administrative complaint imposing a fine of $25 per day for each violation. This violation and subsequent violations of the same standard within a two-year period will be classified as “Class III”.

d. For the fourth Class III violation, the Department shall issue an administrative complaint imposing a fine of $30 per day for each violation.

e. For the fifth Class III violation the Department shall, at a minimum, issue an administrative complaint placing the provider’s license on probation status for a period not to exceed six (6) months. The Department may also issue an administrative complaint imposing a fine of $40 per day for each violation.

f. For the sixth and subsequent Class III violations, the Department shall issue an administrative complaint to suspend, deny, or revoke the license. The Department may also issue an administrative complaint imposing a fine not to exceed $50 per day for each violation.

(3) Child Abuse or Neglect Sanctions.

(a) Pursuant to Section 402.301, F.S., acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitute a violation of the standards in Sections 402.301-.319, F.S.

(b) Failure to perform the duties of a mandatory reporter pursuant to Section 39.201, F.S., constitutes a violation of the standards in Sections 402.301-.319, F.S.

Specific Authority 402.310, 39.201 FS. Law implemented 402.310, FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Boland, Senior Management Analyst Supervisor
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Deborah Russo, Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 7, 2007