The Department intends to amend rules 65C-45.003-.006, .009-.010, and .012, F.A.C., to update incorporated forms; provide clarification on references required in licensing applications; amend and remove requirements for ....

 

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-45.004Summary, Recommendations, and Process for Submission of Initial Licensure

65C-45.005Level I Waivable Requirements

65C-45.006Level II Non-Child-Specific Foster Home Initial Licensing Requirements

65C-45.009Changes During the Licensed Year for all Levels of Licensure

65C-45.010Standards for all Licensed Out-of-Home Caregivers

65C-45.012Relicensing requirements for all Levels of Licensure

PURPOSE AND EFFECT: The Department intends to amend rules 65C-45.003-.006, .009-.010, and .012, F.A.C., to update incorporated forms; provide clarification on references required in licensing applications; amend and remove requirements for different levels of initial licensure; reorganize information between rules; and amend standards for out-of-home caregivers.

SUMMARY: The amendments accomplish the following:1) Update the Confidentiality Agreement and Foster Home Inspection Checklist; 2) Specify the number, type, and method of obtaining required references for licensee applicants; 3) Remove the requirement of a Parent Preparation Pre-service or family biographical profile for Level II licensure; 4) Remove the requirement of a fire inspection report and radon test when licensed out-of-home caregivers move within a region; 5) Remove the requirement of maintaining a log of fire drills conducted; 6) Require persons living together in a caretaking role both sign the application; 7) Required waived home health inspections to be reviewed at least every five years; 8) Require health inspections completed by the Department of Health to be requested 60 days in advance of the home’s relicensing due date; and 9) Reduce the number of required continuing education hours required for relicensure.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs 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(2), 409.175(5)(a)-(b), (6)(a)-(b), 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: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) General.

(a) Each applicant wishing to become a licensed out-of-home caregiver shall complete the following:

1. through 3. No change.

4. A “Confidentiality Agreement,” CF-FSP 5087, (insert date) April 2020, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX 11813.

(b) through (d) No change.

(2) No change.

(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 Florida Safe Families Network (FSFN). The assessment shall include:

(a) through (i) No change.

(j) Temporary Backup Caregivers.

(j)(k) No change.

(l) Home and Neighborhood:

1.  through 3. No change.

4. A completed “Foster Home Inspection Checklist,” CF-FSP 5397, (insert date) April 2020, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxx 11819.

(4) No change.

Rulemaking Authority 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____.

 

65C-45.004 Summary, Recommendations, and Process for Submission of Initial Licensure.

(1) No change.

(2) The complete application file shall be submitted in accordance with the traditional or attestation model for licensure.

(a) No change.

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

1. through 6. No change.

7. References for Level I caregivers shall include a minimum of one reference per applicant two references regarding the applicant’s family’s ability to meet the needs of the child. Personal references cannot be obtained from individuals related to the applicant;

8. All personal and adult child references must be completed through face-to-face interviews or telephonically. School or childcare references may be obtained electronically;

98. References for Levels II-V caregivers shall include:

a. through b. No change.

c. If any school-aged child residing in the home is currently enrolled in an elementary, middle, junior high, or high school, one reference from each the school level is required. References shall be documented in the Unified Home Study in FSFN.

d. through e. No change.

109. No change.

10. Family Foster Home Safety Documentation consisting of a fire inspection report (where required by local zoning laws).

11. No change.

(3) through (7) No change.

Rulemaking Authority 409.145(5), 409.175(5), 435.01(2) FS. Law Implemented 409.145(2), 409.175(5), (6), 435.04 FS. History‒New 4-26-20, Amended____.

 

65C-45.005 Level I Waivable Requirements.

(1) Initial Licensure.

(a) through (e) redesignated (1) through (5) No change.

1. through 3. redesignated (a) through (c) No change.

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

4. through 13. redesignated (d) through (m) No change.

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

14. through 19. redesignated (n) through (s) No change.

(2) Re-licensure.

(a) The licensing specialist shall request a home environmental health inspection report to be completed by a licensing specialist who has been trained by the Department or other state entity, such as the local health department.

(b) Health inspections completed by the Department of Health shall be requested 60 days in advance of the home’s relicensing due date to facilitate the receipt of an environmental health inspection report that indicates the home complies with the requirements specified in the “Foster Home Inspection Checklist,” prior to the expiration of the license. The “Foster Home Inspection Checklist,” is incorporated in Rule 65C-45.003, F.A.C.

(c) For the homes that are issued a three (3) year license, the health inspection is not required annually; however, the home health inspection must be completed before the end of the three (3) year licensure period.

Rulemaking Authority 409.145(5), 409.175(5) FS. Law Implemented 409.145(2), 409.175(5)(a) FS. History–New 4-26-20, Amended_____.

 

65C-45.006 Level II Non-Child-Specific Foster Home Initial Licensing Requirements.

(1) through (2) No change.

(3) A Parent Preparation Pre-service or family biographical profile must be submitted as a part of the application packet and shall include the demographic and narrative portions of the Unified Home Study as completed by the applicant(s).

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

 

65C-45.009 Changes During the Licensed Year for all Levels of Licensure.

(1) through (6) No change.

(7) Change of Location. A licensed out-of-home caregiver shall notify the supervising agency no less than 30 calendar days prior to the expected date of the relocation. The supervising agency shall update the Unified Home Study summary for submission to the Regional Licensing Authority for issuance of an amended license within 30 calendar days of the relocation.

(a) Within Region.

1. Changing location within the region shall require a new “Application for License to Provide Out-of-Home Care for Dependent Children,” incorporated by reference in Rule 65C-45.003, F.A.C., a new Unified Home Study for the new location, a satisfactory environmental health inspection of the new residence, disaster plan, and home emergency evacuation plan fire inspection where required by local zoning laws, and radon testing where applicable.

2. through 5. No change.

(b) through (c) No change.

(8) No change.

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

 

65C-45.010 Standards for all Licensed Out-of-Home Caregivers.

(1) No change.

(2) Physical Environment.

(a) through (g) No change.

(h) Fire Safety.

1. through 5. No change.

6. Fire drills shall be conducted a minimum of two times per year. The licensed out-of-home caregiver shall maintain a log of fire drills conducted, including the date, beginning and ending time, specific location and participants’ names.

7. No change.

(i) No change.

(3) through (6) No change.

(7) Caregiver Standards.

(a) A licensed out-of-home caregiver shall be a stable, responsible, and mature individual who is at least 21 years of age.

(b) Persons living together in a caretaking role, as determined by the supervising agency, shall both sign the application. 

(c)  In determining whether persons are living together in a caretaking role, the supervising agency shall consider whether:

1. The person living in the home is the partner (paramour) of the primary caregiver; or

2. The person living in the home will have responsibility for caring for the children in the home and addressing their needs.

(b) through (c) redesignated (d) through (e). No change.

(8) through (12) No change.

Rulemaking Authority 409.145(5), 409.175(5) FS. Law Implemented 409.145(2), 409.175(5) FS. History–New 4-26-20, Amended____.

 

65C-45.012 Relicensing requirements for all Levels of Licensure.

(1) Requirements.

(a) through (b) No change.

(c) Out-of-home caregivers requesting to be relicensed shall complete the “Application for License to Provide Out-of-Home Care for Dependent Children,” incorporated by reference in Rule 65C-45.003, F.A.C.

1. Persons living together in a caretaking role, as determined by the supervising agency, shall both sign the application.

2. Persons shall be considered living together in a caretaking role if:

a. The person living in the home is the partner (paramour) of the primary caregiver; or

b. The person living in the home will have responsibility for caring for the children in the home and addressing their needs.

(d) An applicant shall sign all required relicensing documentation.

1. If a home inspection was deemed satisfactory at initial licensure, a new home inspection is not required for five (5) years unless a change to the home has been identified. At the end of each five (5) year period, an updated satisfactory home inspection is required.

2. If an unsatisfactory home inspection was waived at initial licensure pursuant to subparagraph 65C-45.005(5)(a) 65C-45.005(1)(e)1., F.A.C., the homeowner shall advise the licensing specialist whether any changes to the home have been made since initial licensure. If changes have been made, a new home inspection shall be conducted. At minimum, a waived home health inspection must be reviewed at least every five (5) years.

3. Health inspections completed by the Department of Health shall be requested 60 days in advance of the home’s relicensing due date to facilitate the receipt of an environmental health inspection report that indicates the home complies with the requirements specified in the “Foster Home Inspection Checklist,” prior to the expiration of the license. The “Foster Home Inspection Checklist” is incorporated in Rule 65C-45.003, F.A.C.

(e) No change.

(f) Applicants for renewal shall provide the agency with:

1. Documentation of at least one (1) hour eight (8) hours of continuing education annually; and

2. A current driver’s license, driving record, and current auto insurance coverage information, as applicable.

The licensing specialist shall observe vehicles used for transporting children for seatbelt compliance and any obvious safety hazards and document any concerns in the Unified Home Study.

(2) No change.

(4) through (8) renumbered (3) through (7) No change.

Rulemaking Authority 409.145(5), 409.175(5) FS. Law Implemented 409.145(2), 409.175(5), (6)(b) FS. History–New 4-26-20, Amended______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Teanna Houston

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 11, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 18, 2020