The purpose of this rulemaking is in response to Chapter 2012-147, Laws of Florida amending the duties of the Department of Children and Families (DCF) relating to domestic violence center certification and monitoring. The effect will be revisions ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Domestic Violence

RULE NOS.:RULE TITLES:

65H-1.012Application and Certification Process

65H-1.013Administration and Operations

65H-1.014Services

65H-1.015Emergency Shelter Facilities

65H-1.017Monitoring and Evaluation

PURPOSE AND EFFECT: The purpose of this rulemaking is to implement Chapter 2012-147, Laws of Florida, amending the duties of the Department of Children and Families (DCF) relating to domestic violence center certification and monitoring. The proposed rule transfers certain administrative responsibilities for the certification and monitoring of domestic violence centers from the Department to the Florida Coalition Against Domestic Violence as provided by law.

SUMMARY: Rule revisions address amendments to chapter 39, Florida Statutes, which delegates the evaluation authority for the monitoring of domestic violence centers to the Florida Coalition Against Domestic Violence.

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:

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: 39.903 FS.

LAW IMPLEMENTED: 39, 903, 39.9035, 39.905 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: October 29, 2014, 9:30 a.m.

PLACE: 1317 Winewood Boulevard, Building 4, Tallahassee, Florida 32399-0700

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Renee Starrett, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65H-1.012 Application and Certification Process.

(1) Certification Eligibility.

(a) To be eligible for certification an applicant shall be a not-for-profit corporation created for the purpose of operating a domestic violence center. The not-for-profit corporation may be affiliated with a local government entity or a larger private organization, but must be a distinct entity with its own corporate structure and budget. Existing domestic violence centers initially certified prior to November 30, 2009 the effective date of this rule shall be exempt from the foregoing requirement. All funding and budget issues pertaining to the operation of the domestic violence program must be reported independently from other activities. The domestic violence center’s primary mission shall be the provision of services to victims of domestic violence, as defined in Section 741.28, F.S.

(b) When an applicant is seeking certification within the service area of an existing certified center, the applicant shall demonstrate the unmet need in that service area and make efforts to subcontract with the existing center to avoid duplication of services. Efforts to partner with the exiting center shall be documented. If subcontracting is not an option, an application for certification shall be made to the Department.

(c) No change.

(d) Applicants for initial certification and renewal of certification must demonstrate an ability to operate, garner community support, and maintain solvency by providing proof of the following:

1. through 4. No change.

(e) An applicant must agree to become a member of the Florida Coalition Against Domestic Violence (hereinafter “Coalition”) and maintain membership as a condition of certification. Failure to join the Coalition and maintain membership shall be grounds for revocation of certification.

(2) Application. Application for initial certification shall be made on Form CF 613, Domestic Violence Center Certification Application, August 2009, which is incorporated by reference. Form CF 613 may be obtained from the Domestic Violence Program Office or on the Department’s website at http://www.myflfamilies.com/service-programs/domestic-violence www.dcf.state.fl.us/domesticviolence by clicking on the link for the Domestic Violence Program. The full-time administrator, board president, or the designated representative of a corporation shall complete the application. The application shall include the following attachments:

(a) No change.

1. No change.

2. Community Support. The applicant must demonstrate that the organization is publicly supported, both programmatically and financially. The financial documentation shall demonstrate a 25 percent local match in the form of cash, in-kind services, or a combination thereof. Written endorsement by local law enforcement agencies, and three letters of support from community partners, and documentation of efforts to subcontract with existing certified centers in the service area shall also be included.

3. through 4. No change.

5. Market Analysis and Plan. The market analysis shall include a description of the local need for domestic violence services and how those needs are met or unmet. The applicant must demonstrate that services address a need identified in the most current statewide needs assessment approved by the Department. The current needs assessment may be obtained from the Domestic Violence Program Office or on the Department’s website at http://www.myflfamilies.com/service-programs/domestic-violence/reports-publications www.dcf.state.fl.us/ domesticviolence/publications. Descriptions of the service area and demographics, efforts to avoid duplication of services, and as well as strategies for public awareness and fundraising, shall also be included.

6. through 7. No change.

8. Service Plan. The service plan shall include an identification and comprehensive description of each service required by Section 39.905, F.S., and any additional services and programs provided by the provider. The description must illustrate the manner in which services will be integrated with existing resources for domestic violence victims, for example, inter-agency agreements. For each of the core services, required in Section 39.905, F.S., the applicant must address the needs of underserved populations, including populations that are underserved because of disabilities, ethnicity, race, language, or geographic isolation, and specific efforts to reach each of these populations within the organization’s service area. Documentation of services shall include services provided during the previous 18 months of operation as a domestic violence program, and include the number of persons served for each required service, and the gender, age, and ethnicity of the people served.

(b) No change.

(3) Certification.

(a) Certification is for one year and automatically expires on June 30 of each year unless extended to allow implementation of a corrective action plan as set forth in Rule 65H-1.017, F.A.C. the termination date provided on the certificate.

(b) The Department will annually renew a center’s certification upon the June 30 expiration date provided the Department has received a favorable monitoring report from the Coalition.

(c)(b) Failure to comply with any of the requirements in Section 39.905, F.S. or this rule chapter constitutes grounds to deny, suspend, or revoke the certification. However, if the corrective action period extends beyond the June 30 expiration date, the Department will extend the certification for a period not to exceed 90 days to allow the center to complete a corrective action plan as provided for in Rule 65H-1.017, F.A.C.

(d)(c) Certification is non-transferable and valid only for the center and designated service area location(s) listed on the certificate issued by the Department.

(e) The provider may operate satellite service centers at different locations. If the provider wishes to change the location of service, close a service center, or open additional service centers during an existing certification period, the provider must notify the Department, in writing, at least 30 days prior to the change or addition, and request approval from the Department for an amendment of the certification. The Department will grant approval for additional service centers amend the certification if the provider is financially and programmatically capable of supporting additional service locations, the new or additional location is within the center’s designated service area, and there is no pending corrective action pertaining to the provider. If the Department does not grant approval for amend the certification to include additional sites, the provider may not utilize Department funds distributed through the formula as set forth in Rule 65H-1.018, F.A.C. to operate those locations.

Rulemaking Authority 39.903 FS. Law Implemented 39.905 FS. History–New 11-30-09, Amended_________.

 

Editorial Note: Formerly 65H-1.001, 65H-1.002.

 

65H-1.013 Administration and Operations.

The provider shall develop and implement written policies and procedures that ensure compliance with all provisions of this rule chapter and Sections 39.905 and 39.908, F.S. The provider shall make the written policies and procedures available provide a copy to all employees and volunteers upon their beginning date of employment or service, and, thereafter, as revised. Employees and volunteers must indicate in writing that they have read and understand the policies and procedures relevant to their position or volunteer duties, which must be documented in their personnel or volunteer file. At a minimum, the operating policies or and procedures shall address include the following:

(1) Admission. The provider shall establish and implement written policies and procedures that identify who is eligible for services and how those services are accessed. Services shall not be denied to any person because of age, race, religion, color, disability, national origin, marital status, or gender as outlined in 45 CFR Parts 80, 83, 84, and 90. Prospective participants must be informed of the admission criteria and, if ineligible, the provider must provide referrals to other organizations that can provide assistance.

(2) Board of Directors. The provider shall establish and maintain a board of directors, which shall be composed of at least three citizens who reside within the center’s service area, one of whom must be an employee of a local, municipal, or county law enforcement agency whose jurisdiction includes some or all of the center’s service area. The board of directors should racially and ethnically reflect, to the extent possible, the participants served by the domestic violence center. The board of directors shall serve as the governing body responsible for fiscal oversight and strategic leadership specific to the operation of the center. The provider shall create an advisory board to make recommendations to the board of directors regarding operational functions specific to the domestic violence center if the board of directors does not directly provide fiscal oversight and strategic leadership to oversee the domestic violence center’s operations. The provider shall develop by-laws, which must include membership selection process, term limits, code of conduct, conflict of interest, duties and responsibilities, and orientation and training requirements for the board of directors and any advisory boards.

(3) Confidentiality. The provider shall establish and implement written policies and procedures for maintaining safety, confidentiality, and privacy of persons receiving services. The provider shall also ensure that employees and volunteers receive written information on the restrictions relating to the disclosure of information about center participants and the location of shelter as provided in Section 39.908, F.S.

(4) Electronic Communication. The Department’s primary communication with a provider will be electronic. A provider shall have the capability to access the Internet and to electronically submit certification documentation as required by the Department. A provider shall maintain a functional email address with the capability of receiving attachments and shall provide that address, and revisions as needed, to the Department.

(4)(5) Endorsement. The provider must obtain annual written cooperative agreements with the endorsements from the primary law enforcement agency agencies within each county of the center’s service area, preferably through the establishment of written cooperative agreements.

(5)(6)  No change.

(a) No change.

(b) The emergency management plan must include, at a minimum, the following elements: procedures for reporting emergencies or incidents as identified in paragraph (5)(a) (6) above; identification of essential functions, programs, and personnel; procedures to implement the plan and personnel notification; delegations of authority and lines of succession; identification of alternative facilities; procedures for evacuation, including type of evacuation and exit route assignments; procedures to account for all staff members and participants; and identification and protection of records and databases.

(c) No change.

(6)(7) No change.

(7)(8) Incident Reporting. The provider shall notify the Coalition Department as soon as practical, and in no event more than 24 hours, after any incident that involves death or serious injury of a participant or their dependent, as well as any action by the participant or provider staff that results in an inquiry by public media.

(8)(9)  No change.

(a) No change.

1. through 4. No change.

(b) If the administrator or accounting manager positions listed above become vacant, or if the employee assigned to the position is unable to fulfill their duties and responsibilities due to an extended absence, the provider shall notify the Coalition Department within five business days of the vacancy or absence.

(c) through (f) No change.

(9)(10) Privilege. The provider shall ensure that all employees and volunteers who provide direct services register for advocate-victim privilege according to Section 90.5036, F.S. The provider shall ensure that a current and accurate list of said employees and volunteers with their position title is filed with the Coalition Department. The provider, as necessary, shall file amendments to the list.

(10)(11) Record Keeping. The provider shall provide for the maintenance of records, including electronic storage media, regarding the administrative, fiscal, and programmatic operation of the domestic violence center. Records shall be current, complete, accurate, and maintained in such form as to permit Department or Coalition evaluation during the hours of operation. Information about domestic violence center clients or the location of the domestic violence center may not be disclosed except as provided in Section 39.908, F.S. received by the Department concerning participant identity is confidential and exempt from the provisions of Section 119.07(1), F.S., and shall not be disclosed without the written consent of the participant to whom the records or information pertains. All records and files, including electronic storage media, shall be kept for a minimum period of six years after termination of certification, or if an audit has been initiated and audit findings have not been resolved at the end of six years, the records and files shall be retained until resolution of the audit findings. The Department shall make the final determination as to what constitutes a satisfactory resolution of audit findings. Records include, but are not limited, to the following:

(a) No change.

(b) Fiscal Records. The provider shall maintain an accounting system capable of distinguishing between all revenue sources and expenditures and in accordance with generally accepted accounting principles (GAAP) as defined by Rule 61H1-20.007, F.A.C., 9-29-02, which is incorporated by reference and may be obtained at www.flrules.org/gateway/ruleNo.asp?ID=61H1-20.007. The provider’s fiscal records shall provide an accounting of the revenue and expenditures of the certified center that is separate and distinct from other programs and services that may be operated by a parent entity such as a local government or an umbrella agency. The provider’s fiscal records must be available for inspection by the Department or Coalition upon request.

(c) Service Reports. The provider shall collect and compile a monthly record of all services provided. The record shall include the gender, age, ethnicity, and, if applicable, other information as required by contract, of the people served. The provider shall forward a monthly summary report to the Coalition Department each month for evaluation of domestic violence service trends.

(11)(12) No change.

(a) through (b) No change.

(c) Emergency Training. In addition to in-service training, all staff members shall receive, at a minimum, annual training on implementing the center’s emergency management plan as identified in paragraph (5)(6) above.

Rulemaking Authority 39.903 FS. Law Implemented 39.905 FS. History–New 11-30-09, Amended_________.

 

Editorial Note: Formerly 65H-1.001, 65H-1.003.

 

65H-1.014 Services.

To be eligible for certification, a domestic violence center shall provide the minimum core services as set forth below and in Section 39.905, F.S. Providers may provide additional services beyond the minimum requirements. For services provided, the center must make specific efforts to address the needs of underserved populations within the center’s service area, including populations that are underserved because of disabilities, ethnicity, gender, race, language, or geographic isolation.

(1) through (5) No change.

(a) The provider shall provide hotline services, available 24 hours a day, seven days a week staffed by domestic violence advocates who have successfully completed the 30 hours of domestic violence competency-based core training and are registered for privileged communications. The hotline telephone shall have a TTY TDD/telephone relay service.

(b) No change.

(6) No change.

(a) No change.

(b) Any person who knows, or has reasonable cause to suspect, that a child is abused or neglected shall report such knowledge or suspicion to the Department’s central abuse hotline as provided for in Section 39.201, F.S.

(7) through (9) No change.

Rulemaking Authority 39.903 FS. Law Implemented 39.905, 39.908 FS. History–New 11-30-09, Amended_________.

 

Editorial Note: Formerly 65H-1.001, 65H-1.003.

 

65H-1.015 Emergency Shelter Facilities.

(1) Design, Construction, and Accessibility. The provider shall ensure that the design and construction of new shelter facilities or alterations to an existing facility meet the minimum requirements of the applicable state and local governing agencies. No initial new certifications shall be issued after the effective date of this rule to any provider whose shelter facility does not meet the requirements of Sections 553.501-.513, F.S., and the Americans with Disabilities Act Standards for Accessible Design in the Code of Federal Regulations, Title 28, Part 36, Appendix A. Facilities certified prior to the effective date of this rule must meet these minimum standards except where the cost of compliance with a particular standard would impose an undue burden on the provider, as described in the Code of Federal Regulations, Title 28, Section 35.150. Any alteration to a shelter facility certified prior to the effective date of this rule must meet the accessibility guidelines described above, as provided in the Code of Federal Regulations, Title 28, Section 36.402.

(2) No change.

(a) All shelter facilities maintained by the provider or its subcontractors shall meet all applicable county and municipal building code enforcement requirements as provided in subsection (1) of this rule chapter.

(b) through (f) No change.

(g) No narcotics, alcohol, or other impairing drugs shall be present on the premises. This does not include prescription medications.

(h) through (j) No change.

(3) Telephone. The shelter facility shall have telephones that are centrally located and readily available for staff member and participant use. Emergency numbers such as emergency medical services, fire department, law emforcement, hospital, and poison control center shall be posted by each telephone. There shall be at least one cellular telephone available for use at all times in the event of power and telephone line outages. TTY TDD/telephone relay service for the hearing impaired is required.

Rulemaking Authority 39.903 FS. Law Implemented 39.905 FS. History–New 11-30-09, Amended_________.

 

Editorial Note: Formerly 65H-1.001, 65H-1.003.

 

65H-1.017 Monitoring and Evaluation.

The Coalition Department will monitor each conduct evaluations of certified centers to evaluate compliance with the minimum standards provided in this rule chapter and in Section 39.905, F.S.

(1) To conduct evaluations, the Coalition Department shall have access to a center or subcontractor, its location, records relevant to the operation of said center or subcontractor, records of participants served, and any other information necessary for evaluation of compliance with this rule chapter and Section 39.905, F.S.

(2) The evaluation shall occur annually, through an on-site visit or desktop review, as determined by the Coalition Department. However, an evaluation may occur at any time there is a complaint to the Department or Coalition. The Coalition and the Department must be granted access to enter and inspect a center as provided in Sections 39.903 and 39.9035, F.S.

(3) Within 60 days after the evaluation, the provider will receive a written report from the Coalition detailing Department whether or not standards have been met. If any deficiencies were cited, the provider will be given ten business days from the date of the written report to submit a corrective action plan. The corrective action plan is subject to approval by the Coalition Department. The severity of the noncompliance may affect the period of time allowed for correction, but in no event shall the corrective action period exceed 90 days. Follow up visits or a desk review will be made by the Coalition Department to determine if the plan of correction is acceptable, has been implemented, or completed.

(4) The Department will renew a center’s annual certification based upon receipt of a favorable monitoring report issued by the Coalition as provided in Section 39.903(2), F.S. Failure to successfully complete the corrective action plan However, the Department will suspend a center’s certification immediately without allowing a corrective action in cases of recurring violations or if the violation poses a serious risk of imminent harm to the health or safety of participants or staff members.

(a) A favorable monitoring report means the Coalition has determined a center is in compliance with the requirements of this rule chapter, Sections 39.905 and 39.908, F.S., and the Coalition contract for purposes of subsection 65H-1.012(3), F.A.C. The Coalition’s determination that a center was initially not in compliance with these requirements, but has successfully completed a corrective action plan will also constitute a favorable monitoring report.

(b) An unfavorable monitoring report means the center is not in compliance with the requirements of this rule chapter, Section 39.905, F.S., the Coalition contract, and has not successfully completed a corrective action plan as determined by the Coalition. An unfavorable monitoring report will result in suspension of a center’s certification, unless the circumstances are beyond the provider’s reasonable control, such as manmade or natural disasters, local zoning ordinances, or permitting processes.

(5) The Department will suspend a center’s certification without allowing an opportunity for corrective action in the event a violation poses a imminent risk of serious harm to the health or safety of participants or staff members. A suspension will continue until the provider completes a corrective action plan, but will not exceed six months. If the provider does not successfully complete the corrective action plan within six months, the center’s certification will be revoked.

Rulemaking Authority 39.903 FS. Law Implemented 39.903, 39.905 FS. History–New 11-30-09, Amended_________.

 

Editorial Note: Formerly 65H-1.005.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Cyndee Odom, Director of Domestic Violence Program Office, Department of Children and Families

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll, Interim Secretary, Department of Children and Families

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  September 3, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 13, 2013