The Department intends to create rules 65C-45.0121-.0123 which will include relicensing standards specific to Levels of Licensure II, III, IV, and V.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-45.0121Level II Non-Child-Specific Foster Home Relicensing Requirements

65C-45.0122Level III Safe Foster Home for Victims of Human Trafficking Relicensing Requirements

65C-45.0123Level IV Therapeutic Foster Home and Level V Medical Foster Home Relicensing Requirements

PURPOSE AND EFFECT: The Department intends to create rules 65C-45.0121-.0123 which will include relicensing standards specific to Levels of Licensure II, III, IV, and V.

SUMMARY: In addition to the relicensing requirements in Rule 65C-42.012, F.A.C., the following requirements must be met. (1) Individuals applying for relicensure of a Level II Non-Child Specific Foster Home must participate in additional hours of continuing education and complete and discuss with the supervising agency incorporated forms and fire drill logs. Additional information is required to be included in the Unified Home Study, as well. (2) Individuals applying for relicensure of a Level III Safe Foster Home for Victims of Human Trafficking must also be licensed as a Level II foster home and meet the training requirements in Rules 65C-43.004 and 65C-43.005, F.A.C. (3) Individuals applying for relicensure of a Level IV Therapeutic Foster Home or Level V Medical Foster Home must also meet all licensing standards required by the Agency of Health Care Administration.

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), FS.

LAW IMPLEMENTED: 409.145, 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: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-45.0121 Level II Non-Child-Specific Foster Home Relicensing Requirements

Individuals applying for relicensure of a Level II Non-Child Specific Foster Home shall meet all relicensing requirements in Rule 65C-45.012, F.A.C., as well as the following requirements:

(1) The supervising agency shall obtain from the licensed out-of-home caregiver documentation of an additional seven (7) hours of continuing education annually;

(2) The supervising agency shall obtain and review information about the home from the “Case Manager/Case Worker Review of Foster Parent,” CF-FSP 5223, February 2015, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX and the “Quality of Licensed Caregiver’s Home – Community Input,” CF-FSP 5225, March 2007, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref -XXX The “Case Manager/Case Worker Review of Foster Parent” and at least one “Quality of Licensed Caregiver’s Home – Community Input” shall be completed for every child who has been placed for a minimum of 30 calendar days. The supervising agency and case manager must staff and address any issues raised by the case manager in the re-licensing home study. The staffing and any measures taken shall be documented in the Florida Safe Families Network (FSFN.)

(3) The supervising agency shall obtain the completed “Exit Interview about Foster Parents” form, CF-FSP 5353, February 2015, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX. This form must be completed for every child over the age of five (5) who exits the home following a placement of 30 calendar days or longer. The supervising agency must review the exit interviews and address issues raised in the exit interviews in the relicensing summary. Any measures taken to address issues of concern shall be documented in FSFN.  The re-licensing file must contain all applicable exit interviews. If exit interviews are not provided with the re-licensing file, the supervising agency must document in FSFN efforts made to secure the exit interviews, and the proper administrator of the community-based care lead agency and supervising agency shall be notified.

(4) The supervising agency shall obtain from the licensed out-of-home caregiver a completed “Foster Parent’s Review of the Case Worker/Care Manager” form, CF-FSP 5224, February 2015, incorporated by reference and https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, and review information from case managers who supervised children in the home during the previous licensing year. The supervising agency must address any issues raised by the licensed out-of-home caregiver with the case management staff and in the relicensing home study.

(5) The supervising agency shall review and discuss with the licensed out-of-home caregiver the “Partnership Plan for Children in Out-of-Home Care,” incorporated by reference in rule 65C-45.003, F.A.C., with the licensee, and document the date of the discussion in FSFN.

(6) Fire drill logs shall be reviewed and discussed with the licensed out-of-home caregiver to ensure continued compliance with licensing standards. The evacuation plan and disaster preparedness plan shall also be reviewed and discussed.

(7) The Unified Home Study must include:

(a) History of Placement Activity. Placement activity during the previous licensing year shall be identified and discussed. If the family requested that a child be moved, the reasons and circumstances must be addressed. The narrative must provide detail about each child who has left the home and address how the family has worked with each child;

(b) Youth Exit Interviews. An exit interviews obtained in accordance with subsection (3) of this rule; and

(c) Staff Feedback. A summary of feedback from lead and/or supervising agency staff members as it relates to the family’s continued suitability and performance as a licensed out-of-home caregiver.

Rulemaking Authority 409.145(5), 409.175(5), F.S.  Law Implemented 409.145, 409.175, F.S.  History-New.

 

65C-45.0122 Level III Safe Foster Home for Victims of Human Trafficking Relicensing Requirements

Individuals applying for relicensure of a Level III Safe Foster Home for Victims of Human Trafficking shall meet all relicensing requirements in Rule 65C-45.012, F.A.C., as well as the following requirements:

(1) Individuals must also be licensed as a Level II foster home; and

(2) Foster parents must meet all training requirements set forth in Rules 65C-43.004 and 65C-43.005, F.A.C.

Rulemaking Authority 409.145(5), 409.175(5), F.S.  Law Implemented 409.145, 409.175, F.S.  History-New.

 

65C-45.0123 Level IV Therapeutic Foster Home and Level V Medical Foster Home Relicensing Requirements

Individuals applying for relicensure of a Level IV Therapeutic Foster Home or Level V Medical Foster Home shall meet all relicensing requirements in Rule 65C-45.012, F.A.C., as well all licensing standards required by the Agency of Health Care Administration.

Rulemaking Authority 409.145(5), 409.175(5), F.S.  Law Implemented 409.145, 409.175, F.S.  History-New.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Courtney Smith

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 6, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 16, 2020