The Department intends to amend Rules 65C-14.116, .120, and .125, F.A.C., to align with current statute and practice.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-14.116Administrative Actions, Appeals and Closures

65C-14.120Record Keeping for Children in Safe Houses

65C-14.125Foster Care Referrals and Investigations

PURPOSE AND EFFECT: The Department intends to amend Rules 65C-14.116, .120, and .125, F.A.C., to align with current statute and practice.

SUMMARY: Amendments include clarification regarding administrative closures, requirements regarding foster care referrals and investigations, and the repeal of Rule 65C-14.120, F.A.C.

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: 409.175(5), 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: Jodi Abramowitz. Jodi can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-14.116 Administrative Actions, Appeals and Closures.

(1) No change.

(a) The denial, revocation, or suspension of a license shall be recorded in the state’s official system of record FSFN by the Regional Licensing Authority.

(b) No change.

(2) No change

(3) Administrative Action for Existing Child-Caring Agencies.

(a) No change.

(b) The Department shall consider the following factors when determining whether a child-caring agency’s license will be revoked:

1. No change.

2. Whether the agency has a history of institutional abuse reports, as outlined in section 39.302(7), F.S.,

3. through 6. No change.

(c) No change.

(4) No change.

(5) Voluntary Agency Closures.

(a) If a child-caring agency closes voluntarily ceases operation for any reason, it shall notify the Department in writing at least 30 calendar days prior to closing. and, 

(b) All child-caring agencies who cease operation, for any reason, shall coordinate the following:

1. No change.

2. Return of all open and closed records to the Department within 30 days of closure.

(c)(b) If a child-caring agency ceases operation, tThe Department shall document in the state’s official system of record FSFN:

1. through 2. No change.

3. If the closure is voluntary and in lieu of revocation or denial of a license, the concerns of the Department regarding the child-caring agency,.

4. Confirmation of open and closed records received. 

Rulemaking Authority 409.175(5)(a) FS. Law Implemented 409.175(5)(b)1., (6), (9)(a) 409.175(5)(a)1., (6), (9)(a) FS. History–New 10-20-16. Amended_____

 

65C-14.120 Record Keeping for Children in Safe Houses.

Rulemaking Authority 409.1678(2)(e) FS. Law Implemented 409.1678 FS. History–New 10-24-19, Formerly 65C-43.0035. Repealed.

 

65C-14.125 Foster Care Referrals and Investigations.

(1) The Regional Licensing Authority maintains responsibility for ensuring follow-up actions for licensing standards are taken on all foster care referrals and investigations. The regional licensing authority shall ensure that all licensed child-caring agencies are notified of foster care referrals. Child-caring agencies shall be notified of investigations by the child protective investigator.

(2) The Regional Licensing Authority, community-based care lead agency, and supervising agency have the right to inspect the entire premises of the child-caring agency at any time.

(3) Foster Care Referrals. Upon receipt by the child protection investigation unit of a foster care referral regarding a child-caring agency, the foster care referral shall be immediately forwarded to the appropriate Regional Licensing Authority. The licensing staff receiving the foster care referral shall:

(a) Respond to the foster care referral and document any needed actions within 48 hours;

(b) Prepare a written corrective action plan to correct the identified deficiencies. The plan shall be developed by the Regional Licensing Authority in conjunction with the licensed child-caring agency; and

(c) Make a call to the Abuse Hotline if there are suspicions of abuse or neglect.

(4) Investigations. When the Regional Licensing Authority is notified of an investigation, a staffing shall be coordinated according to local protocol. If licensing violations are found which do not pose an immediate threat to the health, safety, or well-being of the child, the Regional Licensing Authority shall prepare a written corrective action plan to correct the deficiencies. The plan shall be developed by the Regional Licensing Authority in conjunction with the licensed child-caring agency.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175 FS. History–New

 

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 14, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 23, 2020