65C-45.018. Administrative Actions, Appeals and Closures for all Levels of Licensure

(1) General Information. The Department is the Regional Licensing Authority for all family foster homes and has final authority to approve or deny any license.

(a) The denial or revocation of a license shall be recorded in the Florida Safe Families Network (FSFN) by the Regional Licensing Authority.

(b) The Regional Licensing Authority shall notify the community-based care lead agency and supervising agency within 10 business days of negative action taken regarding a license.

(2) Documentation Requirements Prior to Administrative Action.

(a) Before making a determination that a license shall be denied or revoked, the following shall be documented in the licensing file:

1. All qualifying abuse reports and all reports of licensing violations and the outcome of the investigation;

2. List of all deficiencies or conditions, other than abuse or neglect of the children, which compromise the safety or well-being of the children;

3. The length of time and frequency of the noncompliance with the licensing requirements or deficiencies in caring for children;

4. The date of written notification to the licensee as to the deficiency and time given to the licensee to correct the deficiency;

5. The licensing staff’s efforts to help the licensee come into compliance; and

6. Any barriers which prohibit the licensee from correcting the deficiencies;

(b) All license revocations and denials shall comply with requirements of Chapter 120, F.S.

(c) All documentation shall be reviewed with the Department’s legal counsel. The notice of revocation or denial shall not be sent to the out-of-home caregiver without approval of both the Department’s legal counsel and the Regional Licensing Authority.

(3) Denial of Initial Licensure.

(a) The Regional Licensing Authority shall have 30 business days following receipt of a complete application packet to grant or deny the application in accordance with Section 120.60, F.S., and notify the supervising agency of the decision.

(b) If the Regional Licensing Authority determines that the applicant should not be licensed, the supervising agency shall notify the applicant in writing within 10 business days of the determination, identifying the reasons for the denial, the statutory authority for the denial, and the applicant’s right of appeal pursuant to Chapter 120, F.S. The applicant shall be afforded the opportunity to withdraw the application. If the applicant elects to withdraw the application, it must be documented in writing in the licensing file.

(c) If the applicant does not withdraw the application, the supervising agency shall provide to the Regional Licensing Authority information to support the recommendation of the denial. When the Regional Licensing Authority determines that the license should be denied, they shall notify the applicant in writing within 10 business days of the decision, identifying the reasons for the denial, the statutory authority for the denial, and the applicant’s right of appeal pursuant to Chapter 120, F.S.

(4) Administrative Action for Existing Family Foster Homes.

(a) If licensing violations are found such that the child’s physical, mental, or emotional health is or has been adversely impacted as a result of the violation or is in danger of being adversely impacted, the licensing counselor shall consult with his or her supervisor and the child’s case manager for an immediate review of the safety of any children in the home and a call shall be made to the Abuse Hotline.

(b) If licensing violations are found which do not pose an immediate threat to the health, safety, or welfare of the children, the supervising agency shall prepare a written corrective action plan to correct the deficiencies. The plan shall be developed by the supervising agency in conjunction with the licensed out-of-home caregivers and shall be approved by the Regional Licensing Authority.

(c) Written notification shall be sent to the licensed out-of-home caregiver that specifies the deficiency, expected corrective action, time frame for completion, and that failure to comply within the time frame specified shall result in the license being revoked. The approved corrective action plan shall be put in writing by the supervising agency and signed by the licensed out-of-home caregiver.

(d) Corrective action plans are created for licensed out-of-home caregivers who have the ability to understand and correct the infraction. Corrective action plans are not created for licensed out-of-home caregivers who have previously committed licensing violations and were unable to benefit from remedial efforts. In these cases, the supervising agency shall work with the licensing authority, the Department’s legal counsel, and community-based care lead agency to determine whether action should be taken to revoke the license.

(e) Failure of the licensed out-of-home caregiver to timely comply with the corrective action plan shall result in denial of re-licensure and/or revocation of the license.

(f) The licensed out-of-home caregiver shall be given notice if the supervising agency determines that it cannot recommend re-licensure.

(g) If the licensed out-of-home caregiver disagrees with the supervising agency’s recommendation, he or she may still request renewal of the license. The supervising agency shall accept the application and refer the licensed out-of-home caregiver’s file to the Regional Licensing Authority with a recommendation for denial.

(h) A decision to revoke or deny further licensure is made after a review is done in conjunction with the Department’s legal counsel, supervising and lead agencies. The notice must be delivered via personal service or certified mail. The notice shall include the statutory and rule violations that were found and advise of the action to be taken and the right to challenge the action through an administrative proceeding as provided in Chapter 120, F.S.

(5) Voluntary Closures.

(a) The supervising agency shall conduct an exit interview with licensed out-of-home caregivers who are closing. This interview is an opportunity to explore any recommendations for improvement that the licensed out-of-home caregiver may be willing to share.

(b) The supervising agency shall document the reason for closure and whether relicensing would be recommended in FSFN.

(c) If relicensing would not be recommended, the licensing file shall document the reasons relicensing would not be recommended.

(d) If the closure is voluntary and in lieu of revocation or denial of a license, the supervising agency shall document the reason for the denial in FSFN.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(5), (9) FS. History–New 4-26-20.