65C-14.040. Admission, Placement, and Ongoing Services (Transferred)

(1) The child-caring agency shall have written admission procedures which:

(a) Establish admission criteria which includes the ages of the children and young adults to be served;

(b) List the materials and forms required from the parent or guardian, or child-placing agency, and child; and,

(c) For runaway shelters, include written policies and procedures governing the conditions under which it will serve children without parental consent.

(2) The child-caring agency shall have written preplacement procedures which include a consideration of the needs of all children in the facility and professional staff expertise.

(3) All written admission and preplacement procedures shall be made available to the child, the child’s parent or guardian, the child-caring or child-placing agency and the Department.

(4) The admission of each child in the care and custody of the Department to a child-caring agency shall follow completion of a pre-admission study completed by the child-placing agency, and shall include the following:

(a) A determination that group care is appropriate for the child’s needs. This determination shall be based upon interviews with the child, parent or guardian, or other persons with relevant information.

(b) A determination that the child-caring agency proposed for placement can meet the child’s needs without negatively impacting the other children within the same facility or disrupting service milieu.

(c) Orders of court commitment or a voluntary placement agreement with parents or guardian, or or child-placing agency.

(d) A social history of the child, the child’s family, and any other information required by the child-caring agency.

(e) A written placement agreement signed by the parents or guardian, or agency having legal custody of the child admitted, including financial arrangements, and regulations and procedures designated to encourage and facilitate parental visitation.

(f) For transgender youth, a determination whether the youth should be placed with their gender listed on their birth certificate 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.

(5) No child shall be denied services by any child-placing agency based on race, religion, gender, gender expression, sexual orientation, or transgenderism. A child-placing agency has the obligation to place each child in the most suitable setting according to that child’s individual needs, taking into account the capacity of the placement to meet the child’s needs, and the needs of the other children already placed in that setting.

(6) Age Differiential Waiver Requests.

(a) No child under the age of 10 years, or the age of enrollment in the fifth grade of school, shall be admitted to a child-caring agency.

(b) An age differential waiver may be requested for a child under the age of 10 years old in 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

2. When the comprehensive placement assessment and the multidisciplinary team staffing recommend placement in a child-caring agency; and

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 waiver is not required for youth under the age of 10 when:

1. To prevent separation of a parenting young adult and child when placement in a maternity home is not feasible. If the parenting young adult and child are placed outside of a maternity home, the child-caring agency shall provide the services outlined in Rule 65C-14.1181, F.A.C. The child of the parenting young adult must meet the eligbility requirements for admission into a child-caring ageny.

2. A non-dependent child meets the criteria for placement in an unaccompanied alien minor home, emergency shelter, or runaway shelter.

(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.

(f) The age differential waiver form must be approved prior to initial placement with each individual child-caring agency. The waiver must be uploaded to the child’s case file.

(g) A youth who turns 18 years old may remain in the child-caring agency if recieving services under the Department’s Extended Foster Care Program and Road to Independence Program. Young adults may continue room sharing arrangments until there is a disruption or transition, at which point  the young adult can no longer  share a room with a minor. Young adults residing in the child-caring agency are included in the overall capacity. All young adults age 18 and older residing in a licensed setting serving children under the age of 18 must comply with finger printing screenings and abuse check requirements pursuant to paragraph 65C-14.023(4)(a), F.A.C.

(h) The child-caring agency can not admit a young adult who is 18 years old upon admission unless the requirements under Rule 65C-14.123, F.A.C., are met.

(7) Admission Orientation.

(a) 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:

1. Rules of the facility;

2. Expectations for the caregivers;

3. Expectations for the child;

4. Services offered;

5. Behavior management practices; and,

6. The inherent diversity of group home populations, including race, ethnicity, gender, religion, sexual orientation, gender expression, and transgenderism.

(b) The child-caring agency shall provide each child, the child’s parent or guardian, the child’s attorney and guardian ad litem, if appointed and requested, and the Department with written policies governing the care of children, including visitation and discipline policies.

(c) The child-caring agency shall have written policies that encourage and support family visits, mail, telephone calls, and other forms of communication with parents, relatives, friends or others with whom the child may have a significant relationship. A copy of the policies shall be provided to each child, the child’s parent or guardian, the child’s attorney and guardian ad litem, if appointed and requested, child-placing staff, and the Department.

(8) The child-caring agency shall have a written agreement or plan with the child and parent or guardian, and the Department or the licensed child-placing agency which describes the following:

(a) The frequency of contact with the child’s family and staff from the agency.

(b) A plan for sharing information about the child’s care and development with the parent or guardian, and the Department.

(c) The child-caring agency’s participation in the ongoing evaluation of the child’s needs and progress.

(d) Visitation plans for the child’s parent or guardian, agency or the Department.

(e) Provisions for service or treatment plan development and review.

(f) The conditions under which the child will be discharged from the program.

(g) A designation of responsibility for post-release services.

(9) The written agreement shall be kept in the child’s file and shall be available for review by the Department.

(10) A trauma-informed approach shall be used in all child-caring agencies.

(11) Each child’s needs and trauma history shall be considered when making roommate assignments.

(12) Service Plans.

(a) The child-caring agency shall initiate a written service plan within 14 business days of placement and must be completed by day 30 for each child admitted into care.

(b) Service plans shall outline details of the supports, activities, and resources required for the child to achieve individual goals. A service plan is not required if the child-caring agency develops a treatment plan.

(c) The service plan shall be developed with input from the child, child’s parents or guardian, child welfare professional, the child’s attorney and guardian ad litem, and other appointed representatives and a representative of the referring agency, if appropriate; and child-caring agency staff.

(d) The service plan shall include the following:

1. An assessment of the child’s and family’s needs, strengths, weaknesses, and problems;

2. An assessment of the child’s life skills; educational, vocational, recreational and physical and behavioral health needs; and a plan for meeting the child’s needs;

3. Arrangements for individual or group counseling, as needed; and,

4. A projection in regard to the child’s length of stay and an initial plan for discharge.

(e) The child-caring agency shall review each child’s service plan every 30 days.

(f) The child-caring agency shall update the service plan as needed or at least every six (6) months.

(g) The update shall involve the child, the facility staff members working directly with the child, the parent or guardian, and the child-placing agency or Department.

(h) At the time of the update, the service plan shall be revised to include the following:

1. Progress made toward achieving the goals established in the previous service plan.

2. Any changes in the service plan.

3. A projected date for the child’s release from care.

(13) Treatment Plans.

(a) Child-caring agencies responsible for developing treatment plans must complete written plans within 14 business days of placement for each child admitted into care.

(b) The treatment plan shall be developed with input from the child, child’s parent(s) or guardian, child welfare or community-based care case manager, foster parents, if applicable, child’s attorney, and guardian ad litem, if appointed, or any other party involved with the development of the plan.

(c) The treatment plan shall include the following:

1. Treatment goals;

2. Action steps which will be taken to accomplish identified goals;

3. Target dates for the accomplishment of action steps and goals;

4. A description of the services to be provided and the frequency of such services;

5. The assignment of a primary therapist or counselor;

6. The youth’s diagnosis, including diagnostic codes; and

7. Discharge criteria.

(d) The child-caring agency shall review each child’s treatment plan at least every 30 days. The review shall involve the child, the facility staff members working directly with the child, the parent or guardian, and the child-placing agency or Department.

(e) The treatment plan shall be updated as needed or at least every six (6) months.

(f) The treatment plan shall be reviewed and signed by the youth, if appropriate, and clinician and placed in the child’s file.

(14) Education and Vocational Requirements.

(a) Each child in residence shall attend school in accordance with Section 1003.21(1)(a), F.S. The child-caring agency shall plan jointly with school personnel and the parent or guardian or child-placing agency staff to place children in appropriate grades and classes and to help them make an adjustment to their school.

(b) Maintaining the child’s school stability while in out-of-home care in the school or educational setting the child attended prior to entry into the facility is first priority, unless remaining in the same school or educational setting is not in the best interest of the child for safety or other reasons as documented in the state’s official system of record. Children shall be encouraged to participate in afterschool clubs, sports, and other extracurricular activities.

(c) If an on-campus educational program is provided to resident children, the program shall be designed to meet the educational needs of each child. All on-campus educational programs must be accredited.

(15) 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:

Gold Seal accredited child care providers or providers participating in a quality rating system,

Licensed child care providers,

Public school providers,

License exempt child care providers, including religious exempt, registered, and non-public schools.

(a) Child-caring agencies which provide therapeutic or psychiatric treatment programs shall integrate such programs with the child’s educational program.

(b) The child-caring agency shall encourage children of legal work age to find employment in the community in accordance with the service or treatment plan. The child welfare professional is responsible for ensuring the child’s transition plan is aligned with the child’s service or treatment plan. The child-caring agency shall ensure children have transportation to and from their employment.

(c) The child-caring agency shall encourage and assist children, as age-appropriate, to explore opportunities for higher education.

(d) The child-caring agency shall provide education and hands-on instruction in life skills which shall include the following:

1. Vocational exploration opportunities;

2. Problem solving and decision making;

3. Independent living skills;

4. Social skills;

5. Internet safety; and

6. In maternity homes, parenting skills and family planning.

Rulemaking Authority 409.175(5) FS. Law Implemented 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.