Amendments are to update personnel file requirements and staff qualification. 65C-15.017, F.A.C., is being repealed as personnel qualification requirements were moved to 65C-15.016, F.A.C.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-15.016Staff Functions and Qualifications

65C-15.017Personnel

PURPOSE AND EFFECT: Amendments are to update personnel file requirements and staff qualification. 65C-15.017, F.A.C., is being repealed as personnel qualification requirements were moved to 65C-15.016, F.A.C.

SUMMARY: Amendments 1) incorporate the most recent “Affidavit of Good Moral Character” form, 2) add personnel file documentation requirements, and 3) add personnel qualification requirements.

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 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: 409.175 FS.

LAW IMPLEMENTED: 409.175 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-15.016 Staff Functions and Qualifications.

(1) The child-placing agency shall have a personnel file for each employee, that shall be available on site for review by the Department, which shall include the following:

(a) The application for employment;

(b) Verification that the screening requirements of Section 409.175(6)(a), F.S., have been completed and met, including an “Affidavit of Good Moral Character,” CF 1649, (April 2021) February 2013, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX http://www.flrules.org/Gateway/reference.asp?No=Ref-07505, and www.dcf.state.fl.us/publications;

(c) Employee’s start starting and termination dates and reason for termination;

(d) Annual performance evaluations and any disciplinary actions taken;

(e) Copy of diploma or degree; and,

(e)(f) Training record and conferences attended;.

(f) Valid Identification;

(g) Employment history check prior to hire; and

(h) Signed acknowledgement of child abuse and neglect laws, reporting requirements, and confidentiality.

(i) Diploma or degree, if applicable.

(j) A copy of Child Welfare Professional Certification for employees who conduct child welfare services as set forth in (2)(d) of this rule.

(2) Personnel files shall be available on site for review by the Department.

(2) Qualifications

(a) A director shall be responsible for the general management and administration of the agency in accordance with the licensing requirements and the policies of the governing body. The director shall have a degree in social work or in a related area of study specified in s. 402.402(1)(b), F.S. and four (4) years’ of experience in human services or child welfare programs. Additional related areas of study include human services, criminology, criminal justice, juvenile justice, behavioral science, child protection, education, law and protection, mental health, public administration, and public health.

(b) A supervisor shall be responsible for the supervision, evaluation, or monitoring of employees.

1. Supervisors providing oversight of social work functions or child welfare programs shall maintain qualifications in accordance with s. 402.402(1), F.S.. The supervisor must have at least two (2) years’ experience in human services or child welfare programs.

2. Supervisors responsible for providing oversight of administrative staff shall meet the qualifications outlined in the agencies written personnel policies and procedures for recruitment, retention, and effective perfomance of qualified personnel. 

(c) Caseworkers performing casework services shall maintain qualifications in accordance with s. 402.402(1), F.S.

(d) Child-placing agencies providing child welfare services in accordance with s. 402.40(2)(b), F.S., must ensure persons providing child-welfare services or supervisors providing oversight of child welfare programs, receive child welfare training and certification outlined in 65C-33,  Florida Administrative Code.

(3) The Department may prohibit individuals who served as a board member, executive director or other officer of an agency that has failed to secure a license to operate as a child-placing agency or continued in operation after the revocation or suspension of the agency’s license, from employment or association with a licensed child-placing agency for a period of two (2) years’ after termination or cessation of that illegal operation.

(3) Exemptions from disqualifications from working with children may be requested pursuant to Section 435.07, F.S.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Formerly 10M-24.026, Amended 11-14-16. Amended _________.

 

65C-15.017 Personnel.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New 12-19-90, Amended 10-27-93, Formerly 10M-24.027, Amended 11-14-16, 7-25-17. Repealed ________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vanessa Snoddy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 5, 2023