Application and Licensing Study, On-Site Visits and Complaint Investigation, Finances, Notification of Critical Injury, Illness or Death, Office Equipment and Transportation, Personnel, Placement Services to Families and Children in Foster Care and ...
DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
RULE NOS.:RULE TITLES:
65C-15.003Application and Licensing Study
65C-15.004On-Site Visits and Complaint Investigation
65C-15.010Finances
65C-15.012Notification of Critical Injury, Illness or Death
65C-15.014Office Equipment and Transportation
65C-15.017Personnel
65C-15.021Placement Services to Families and Children in Foster Care and Residential Care
65C-15.036Intercountry Adoption Services
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. 42 No. 125, June 28, 2016 issue of the Florida Administrative Register.
65C-15.003 Application and Licensing Study.
(1) through (5) No change.
(6) Satellite and branch offices of licensed child-placing agencies shall be required to be separately licensed if:
(a) through (b) No change.
Form CF-FSP 5135, Master License Application for Accredited Child-placing Agencies, is amended to delete the word “timely” from the second bullet point at the bottom of page 2.
65C-15.004 On-Site Visits and Complaint Investigation.
(1) through (3) No change.
(4) The Department shall investigate any report questioning the certification status or compliance of a child-placing agency with requirements of Section 409.175 Chapter 63, F.S., or alleging violations of Rule Chapter 65C-15, F.A.C., by the agency within 20 business days to determine whether the complaint is substantiated.
(5) through (6) No change.
(7) The Department shall only revoke consider the following factors when determining whether a child-placing agency’s license when one of the following factors exist will be revoked:
(a)1. Whether Tthe agency has had licensing violations during the term of the license.
(b)2. Whether Tthe licensing violations compromise the safety or well-being of children.
(c)3. Whether Tthe agency does not have has the ability to protect the children in care.
(d)4. Whether Tthe agency has failed to comply with a corrective action plan during the term of the license.
(e)5. Whether Tthe agency does not have has the ability and/or willingness to implement a corrective action plan.
(8) If as a result of the investigation the Department determines that the child-placing agency can ensure child safety despite the existence of one or more of the factors listed in (7)(a)-(e) above, then the Department makes a decision not to revoke, suspend, or deny further licensure, the Department shall prepare a written corrective action plan to correct any deficiencies.
(a) through (c) No change.
(9) If as a result of the investigation the Department makes a decision to revoke, suspend, or deny further licensure, notice shall be delivered via personal service or certified mail pursuant to s. 120.60(5), F.S., which shall include the statutory and rule violations that were found, and advise of the action to be taken and the right to challenge the action through an administrative proceeding as provided in Chapter 120, F.S.
65C-15.010 Finances.
(1) through (3) No change.
(4) Fees and Costs.
(a) If fees for adoption and foster care services are charged, the child-placing agency shall have a fee schedule disclosing all fees for services in a written policy which describes the conditions under which fees are charged, waived, or refunded, if applicable. A copy of the fee schedule, including any updates, shall be filed with the Department. This schedule shall clearly list the specific services covered by each fee. This fee schedule shall be given to all persons applying for adoption services at the time the application is made. A fee agreement and any modifications to it shall be executed with each applicant. The fee agreement shall list the fees charged and the services to be provided, including provisions for payment.
(b) No change.
(c) The agency’s up-to-date fee schedule shall be reviewed by the Department annually to ensure that the schedule is in compliance with Section 63.097, F.S., for adoption related services.
(5) through (6) No change.
65C-15.012 Notification of Critical Injury, Illness or Death.
(1) The following critical incidents shall be reported to the Department within 24 hours:
(a) through (e) No change.
(f) Employee misconduct that affects the safety or wellbeing of the children in care.
(g) through (m) No change.
(2) No change.
65C-15.014 Office Equipment and Transportation.
(1) through (2) No change.
(3) The number of persons in a vehicle used to transport children shall not exceed the number of available seats; children shall be restrained by a safety belt or by a child restraint device when being transported in motor vehicles in accordance with Section Sections 316.613 and 316.2004, F.S.
65C-15.017 Personnel.
(1) through (3) No change.
(4) A child-placing agency shall not hire any individual who does not meet the criteria set forth in subsections (2) and (3) above, without the approval of the Department’s Regional Managing Director or designee. The Regional Managing Director or designee shall may grant approval if the individual has a bachelor’s degree and it is determined that the individual has sufficient relevant education, training, and experience in social services to substitute for the requirements set forth in subsections (2) and (3) above. The child- placing agency shall provide at least the following information in support of such approval:
(a) through (b) No change.
(5) No change.
65C-15.021 Services to Families and Children in Foster Care.
(1) through (2) No change.
CF-FSP 5401, At Risk Placement, is amended to delete the requirement for notarization.
65C-15.036 Intercountry Adoption Services.
(1) No change.
(2) The agency shall comply with all applicable adoption laws of the child’s country of origin, the United States, and the state of Florida.
(3) The agency which engages in intercountry adoptions shall comply with the requirements of the United States Immigration and Nationality Act, 8 USC 1431, 1433, and the Intercountry Adoption Universal Accreditation Act of 2012, 42 USC 14901 et seq., incorporated by reference and available at www.gpo.gov/.
