Definitions, Health Services, Community Interaction, Discipline, Control and Punishment, Staff Qualifications, Admission and Planning, Administrative Actions, Appeals and Closures
DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
RULE NOS.:RULE TITLES:
65C-14.001Definitions
65C-14.014Health Services
65C-14.018Community Interaction
65C-14.021Discipline, Control and Punishment
65C-14.023Staff Qualifications
65C-14.040Admission and Planning
65C-14.116Administrative Actions, Appeals and Closures
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 226, November 20, 2015 issue of the Florida Administrative Register.
65C-14.001 Definitions
(1) No change.
(2) “Gender,” “sex,” or “gender identity” means a person’s internal identification or self-image as male or female. Gender identity may or may not correspond to the gender assigned to a person at birth that is listed on the person’s birth certificate. The terms “male,” “female,” or “nonbinary” describe how a person identifies.
(3) “Gender expression” refers to the way a person expresses gender through appearance, dress, grooming habits, mannerisms and other characteristics.
(4)(2) “Service Plan” means the goal-oriented, time limited, individualized program of action for a child and the child’s family developed by the child-caring agency in cooperation with the child’s family.
(5) “Sexual orientation” means a person’s emotional, romantic, or sexual attraction to members of the same gender, a different gender, or any gender, e.g., homosexuality, heterosexuality, or bisexuality.
(6) “Transgender” means having a gender identity that is different than the person’s gender assigned at birth.
(3) through (4) renumbered (7) through (8) No change.
65C-14.014 Health and Medical Services
(1) through (8) No change.
(9) Medication.
(a) through (c) No change.
(e) is renumbered (d).
(10) through (16) No change.
65C-14.018 Individual Needs of Children in Care
(1) through (5) No change.
(6) The child-caring agency shall ensure that each child has the individual items necessary for personal hygiene and grooming.
(a) No change.
(b) Each child shall have training in personal care, hygiene, and grooming appropriate to the child’s age, gender, gender expression, race, culture and development.
(7) No change.
(8) The child-caring agency shall involve the child in the selection, care and maintenance of the child’s personal clothing, as appropriate to the child’s age and ability. The child-caring agency shall allow a child to possess and bring personal belongings. The child-caring agency may limit or supervise the use of these items while the child is in care using with the reasonable and prudent parent standard in accordance with Section 409.145(3), F.S.; however, it may not restrict items based on the child’s gender identity or expression.
(9) No change.
(10) A child and the child’s parent or legal guardian (unless parental rights have been terminated by a court of competent jurisdiction) have the right to determine the child’s religious affiliation.
(a) Child-caring agencies operating under religious auspices shall have the written permission of the child and child’s parent or guardian if the child is required to attend religious services. If the parent or guardian is not able to be located to give consent, efforts to contact the parent or guardian shall be documented in the child’s file.
(b) The child-caring agency shall make arrangements for an alternative activity for children not attending religious services.
(11) No change.
65C-14.021 Discipline and Behavior Management
(1) through (2) No change.
(3) Facility staff shall not:
(a) through (g) No change.
(h) Engage in discriminatory treatment or harassment on the basis of a child’s race, national origin, religion, gender, gender expression, sexual orientation, disability, or any other characteristic.
(i) Permit harassment or bullying of children by staff or other youth based on their race, national origin, religion, gender, gender expression, sexual orientation, disability, or any other characteristic.
(j) Attempt to change or discourage a child’s sexual orientation, gender identity, or gender expression.
65C-14.023 Personnel and Staffing Requirements
(1) through (2) No change.
(3) The facility shall have a personnel file for each employee which shall include the following:
(a) through (f) No change.
(g) Annual performance evaluations and any disciplinary actions taken; and
(h) No change.
(4) through (17) No change.
(18) The child-caring agency shall ensure that staff members working directly with children receive at least 40 hours of training activities during each full year of employment. Activities related to supervision of the staff member’s routine tasks shall not be considered training activities for the purposes of this requirement.
(a) The child-caring agency shall document that training received by direct child care staff in the first full year of employment includes the following areas:
1. No change.
2. Emergency and safety procedures; and
3. The screening, supervision and use of volunteers; and.
4. Sexual orientation, gender identity, and gender expression.
(b) No change.
(19) No change.
65C-14.040 Admission, Placement, and Ongoing Services
(1) No change.
(2) The admission of each child in the care and custody of the Department to a residential child-caring agency shall follow completion of a pre-admission study completed by the child-placing agency, and shall include the following:
(a) through (d) No change.
(e) For transgender youth, a determination whether the youth should be placed with their gender assigned at birth or their identified gender. Factors to be considered shall include:
1. The physical safety of the transgender youth;
2. The emotional well-being of the transgender youth;
3. The youth’s preference;
4. The recommendation of the youth’s guardian ad litem;
5. The recommendation of the youth’s parent, when parental rights have not been terminated;
6. The recommendation of the youth’s case manager; and
7. The recommendation of the youth’s therapist, if applicable.
(3) No child shall be denied placement in any child-caring agency facility based on race, religion, gender, gender expression, sexual orientation, or transgenderism.
(3) is renumbered (4) No change.
(4) is renumbered (5) The child-caring agency shall provide prior to or at admission an orientation to living in the facility for each child and the child’s parent or guardian or child-placing agency staff. The orientation shall include the following:
(a) through (e) No change.
(f) The inherent diversity of group home populations, including race, ethnicity, gender, and religion, sexual orientation, gender expression; and transgenderism.
(5) through (18) are renumbered (6) through (19) No change.
(20)(19) If non-school age children are enrolled in child care, priority consideration for the choice of child care setting shall be chosen by the caregiver in the following order:
1. through 2. No change.
3. Public school providers;
43. License exempt child care providers, including religious exempt, registered, and non-public schools.
(20) through (23) are renumbered (21) through (24) No change.
65C-14.116 Administrative Actions, Appeals and Closures
(1) through (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. through 4. No change.
5. Whether the agency has failed to comply with a corrective action plan during the term of the license; and
6. No change.
(c) through (d) No change.
(4) through (5) No change.
