The Department intends to amend rule 65C-46.002, .012, .019, .020, .024, and .025, F.A.C., to eliminate barriers and align with current practice.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-46.002Application Packet and Licensing Documents

65C-46.012Admission, Placement, and Ongoing Services

65C-46.019Standards for At-Risk Houses

65C-46.020Standards for Safe Houses

65C-46.024Licensing Process and Procedures

65C-46.025Foster Care Referrals and Investigations

PURPOSE AND EFFECT: The Department intends to amend rule 65C-46.002, .012, .019, .020, .024, and .025, F.A.C., to eliminate barriers and align with current practice.

SUMMARY: The amendments include the following: (1) removes the requirement for the CBC to complete the determination of need form; (2) groups specific items required in the licensing application packet together to reflect the proper sections to which the details of the items can be located; (3) removes the age differential waiver process; (4) includes language that requires the MDT staffing pursuant to s. 39.4022 F.S.; (5) reduces the specialized human trafficking hours from 24 to 18; (6) amends the language to allow staff to have unsupervised contact and be counted in the ratio to provide care and supervision to children while completing the specialized human trafficking training over a period of 4 months from the completion of pre-service training; (7) removes the age limitation of 12 years old at time of admission to an at-risk home; (8) removes the age limitation of 12 years old at time of admission to a safe house; (9) amends “Regional Licensing Authority” to Department’s Licensing Authority”; (10) removes duplicate language for client services outlined in statute and replaces with the citation of the statute; and (11) repeals 65C-46.024 and .025.

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 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: 409.175(5), 409.1678(2)(c), 39.4022(11) F.S.

LAW IMPLEMENTED: 409.175(5), 409.175(6), 409.1678, 39.4022(11) F.S.

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-46.002 Application Packet and Licensing Documents.

(1) Licensing packets for a child-caring agency shall be uploaded into the state’s official system of record and include the following:

(a)(1) No change.

(2) The “Community Residential Homes Determinatio(n of Need and Licensing Status” form, CF 1785, Apr 2021, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13064.

(3) through (6) are redesignated (b) through (e) No change.

(f) The following documentation to support the administration and organization pursuant to Rule 65C-46.003:

(7) through (11) are redesignated 1. through 5. No change.

6. Documentation of six months of operating expenses (initial licensure only).

7. Employee roster.

(g) Documentation to support the safety, sanitation, and food service requirements pursuant to Rule 65C-46.005:

1.(12) Annual health and fire inspection.

2. Radon test results, if applicable.

3. Verification of car and liability insurance.

4. Menus approved by the registered dietician.

5. Certification of registered dietician.

(h)(13) Confirmation of local zoning notification.

(14) Radon test results, if applicable.

(15) Verification of car and liability insurance.

(16) Menus approved by the registered dietician.

(i)(17) Verification of accreditation, as applicable.

(j)(18) Applicant reference check from the current or previous licensing authority, if licensed in another region or state, pursuant to Rule 65C-46.011.

(19) Certification of registered dietician.

(20) Documentation of six (6) months of operating expenses (initial licensure only).

(21) Employee roster.

(22) Title IV-E Maintenance Budget, if serving dependency youth.

(2)(23) Policies and procedures must be available for review and approved by the Department’s licensing team prior to initial licensure. Any policies or procedures that are updated during the licensing year must be made available for review prior to the implementation of the propsed changes.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(6) FS. History–New 7-1-87 Amended 9-19-90, 2-17-93, Formerly 10M-9.005, Amended 10-20-16, 1-2-18, 5-26-21, Formerly 64C-14.003, Amended _____

 

65C-46.012 Admission, Placement, and Ongoing Services.

(1) through (5) No change.

(6) Age Differential Differiential Waiver Requests.

(a) No change.

(b) A child An age differential waiver may be requested for a child under the age of 10 years old may be placed in a child caring agency under the following situations:

1. To prevent the separation of siblings. Siblings shall be placed in the same home whenever possible. If it is not possible to place the siblings in the same home, siblings may be placed on the same campus. Efforts to place the siblings in the same home shall be documented in the child’s record; or

1.2. When the comprehensive placement assessment and the multidisciplinary team (MDT) staffing recommend placement in a child-caring agency; and

2.3. When the child meets the eligibility requirements for admission into a child caring agency when utilizing the age differential waiver.

(c) The age differential does waiver is not apply required for youth under the age of 10 when:

1. through 2. No change.

(d) Waiver requests are required for dependency youth under the age of 12 who are recommended for placement in an at-risk home setting or safe house and must include supporting documentation of all efforts to place the youth with a relative or fictive kin, in an available Level III safe foster home within Florida, and in an available Level II foster home within the youth’s lead CBC gerographical area.

(e) The “Age Differential Waiver for Group Care” form, CF-FSP 5447, Apr 2021, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13070, and a copy of the child’s Comprehensive Placement Assessment must be submitted by the CBC for signed approval by the CBC or Department designee prior to placement in a child-caring agency.

1. In determining whether to approve the age differential waiver, the Department or CBC designee will consider the information outlined in the Comprehensive Placement Assessment and the Age Differential Waiver request form, and the eligibility criteria for admission of the requested group home setting.

2. The Department or CBC designee shall provide a determination within two (2) hours of receipt of the request.

(d)(f) An MDT staffing must occur and approve the placement for a child under the age of 10 The age differential waiver form must be approved prior to admission in initial placement with each individual child-caring agency. The waiver must be uploaded to the child’s case file.

(e)(g) No change.

(f)(h) No change.

(7) through (15) No change.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(5) 409.175(5)(a)1., 2., 9., 10. FS. History–New 7-1-87, Formerly 10M-9.041, Amended 10-20-16, 5-26-21, Formerly 64C-14.040, Amended ______.

 

65C-46.019 Standards for At-Risk Houses.

(1) through (3) No change.

(4) Training.

(a) The child-caring agency shall ensure all direct care staff complete pre-service training requirements in paragraph 65C-46.011(9)(c), F.A.C., and receive an additional 12 24 hours of  Department-approved, specialized training on human trafficking. The specialized training must be completed within two months from the completion of pre-service training. prior to working with youth. The 12 24-hour Department approved training on human trafficking shall be instruction lead and delivered by a trainer certified by the Department. See Rule 65C-43.004, F.A.C., for information on this required specialized training. Staff who complete pre-service training are permitted to have unsupervised contact with children during the completion of the specialized training. Training topics shall include:

1. Pathways to entry and vulnerabilities;

2. Human trafficking and at-risk children;

3. Understanding the impact of trauma;

4. Essential service delivery and collaboration; and

5. Motivational Interviewing.

(b) through (c) No change.

(5) Admission. Prior to admission, the child-caring agency shall ensure the following: child or youth meets criteria for “at-risk of sex trafficking,” as defined in Rule 65C-46.001, F.A.C

(a) The child or youth meets criteria for “at-risk of sex trafficking,” as defined in Rule 65C-46.001, F.A.C.; and

(b) If a dependency youth, is at least 12 years of age at time of admission.

(6) No change.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175 FS. History–New 5-26-21, Formerly 64C-14.1183, Amended _____.

 

65C-46.020 Standards for Safe Houses.

(1) No change.

(2) The child-caring agency shall submit the following documentation to the Department’s Regional Licensing Authority for certification as a Safe House:

(a) through (f) No change.

(3) No change.

(4) Policies and Procedures.

(a) No change.

(b) Changes made to any policies and procedures shall be submitted to the Department’s Regional Licensing Authority within 10 business days of the proposed change. Changes shall be reviewed prior to implementation to ensure they meet minimum standards as set forth in Section 409.1678(2), F.S.

(5) No change.

(6) Admission and Discharge.

(a) Dependency youth must be at least 12 years of age at time of admission.

(b) through (e) are redesignated (a) through (d) No Change.

(7) No change.

(8) Client Services. The child-caring agency shall provide the following client services as outlined under s. 409.1678(2)(d).:

(a) Victim-witness counseling;

(b) Individual and family counseling;

(c) Treatment, and intervention for sexual assault;

(d) Substance abuse screening and treatment, if applicable;

(e) Life skills training;

(f) Survivor mentoring support by a survivor of commerical sexual exploitation of a child or any other form of sexual exploitation; and

(g) Activities schedule.

Rulemaking Authority 409.1678(2)(c), (2)(e) FS. Law Implemented 409.1678 FS. History–New 1-12-16, Amended 10-24-19, Formerly 65C-43.003, Amended 5-26-21, Formerly 64C-14.119, Amended _____.

 

65C-46.024 Licensing Process and Procedures

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175 FS. History–New 5-26-21, Formerly 64C-14.124. Repealed______

 

65C-46.025 Foster Care Referrals and Investigations.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175 FS. History–New 7-6-21, Formerly 64C-14.125. Repealed_____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Yanin Schaffer and Vanessa Snoddy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 3, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 12, 2022.