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Document Citation: 65C-13.028, F.A.C.
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FLORIDA ADMINISTRATIVE CODE
TITLE 65 DEPARTMENT OF CHILDREN AND FAMILY SERVICES
65C FAMILY SAFETY AND PRESERVATION PROGRAM
CHAPTER 65C-13 SUBSTITUTE CARE OF CHILDREN
PART II POLICIES AND PROCEDURES FOR SUBSTITUTE CARE
Date:
08/31/2009
Document:
65C-13.028 Re-Licensing.
(1) General.
(a) Re-licensing procedures shall be initiated by the supervising agency in a timely manner and the re-licensing packet submitted for consideration at least 30 days prior to expiration of the current license. The re-licensing process shall not be initiated more than 90 days prior to the expiration of the current license.
(b) Individuals wishing to re-license as out-of-home caregivers shall complete the "Application for License to Provide Out-of-Home Care for Dependent Children", CF-FSP 5007, March 2007, incorporated by reference and available at www.dcf.state.fl.us/ publications/. Married persons living together shall both sign the application. Any licensed out-of-home caregiver that requests an application either verbally or in writing for re-licensure shall be provided one.
(c) If the supervising agency has reason to believe that the licensed out-of-home caregiver's past performance indicates that he or she would not be a successful candidate for continued licensure, the applicant shall be advised prior to completion of the application renewal process. If the applicant wishes to proceed with the re-licensure process they may do so.
(d) An applicant shall sign all required re-licensing documentation as requested.
(e) The supervising agency shall ensure the completion of the application process by doing the following:
1. Request an environmental inspection from the local health department. The request shall be made 60 days in advance of the home's re-licensing due date to facilitate the receipt of a satisfactory environmental health inspection report prior to the expiration of the license.
2. Direct the licensed out-of-home caregivers to obtain a radon test pursuant to Section 404.056, F.S., if applicable.
(f) The supervising agency shall ensure that all background screening described in Rule 65C-13.023, F.A.C., has been completed.
(g) References.
1. The supervising agency responsible for completing the re-licensing home study shall obtain and review the "Services Worker's Review of the Licensed Out-of-Home Caregiver's Performance", CF-FSP 5223, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/, for the services workers who have supervised children in the home during the year.
2. The supervising agency shall also obtain and review two community reference checks using the "Quality of Licensed Caregiver's Home: Community Input" form CF-FSP 5225, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/. These references shall be from professionals in the community who are familiar with the licensee's performance during the year. These may include Guardians Ad Litem, school personnel, child care providers, medical professionals, social service providers, or mental health therapists.
(h) The supervising agency shall obtain and review exit interviews from children over the age of five who exit the home following a placement of thirty days or more, as described in Rule 65C-28.017, F.A.C. The re-licensing packet must contain exit interviews. If exit interviews are not provided with the re-licensing packet, the proper administrator of the lead agency shall be notified. The "Re-licensing Summary" must address issues raised in the exit interviews or efforts made to obtain the exit interviews.
(i) Applicants for renewal shall provide the agency with:
1. A Completed "Re-licensing Summary for Licensed Homes for Dependent Children", CF-FSP 5027, section B, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/;
2. Documentation of at least eight hours of in-service training;
3. Updated driver's license, driving record, and auto insurance coverage information as applicable.
(2) Re-licensing Procedures.
(a) The supervising agency shall conduct a minimum of one face-to-face visit in the home and interview all household members prior to re-licensure.
(b) The supervising agency shall review and discuss the bilateral service agreement with the applicants and obtain their signatures, indicating their agreement to abide by the agreement.
(c) The licensing counselor shall inspect the entire premises of the home, including all interior and exterior areas, for compliance with the licensing standards pursuant to Rule 65C-13.025, F.A.C. Safety requirements as listed in subparagraph 65C-13.030(5)(h)6, F.A.C., for storage of guns and other weapons, cleaning supplies, toxins and alcoholic beverages shall be observed and any concerns addressed in a corrective action plan prior to re-licensure.
(d) Vehicles used for transporting foster children shall be observed for seatbelt compliance and any obvious safety hazards documented and addressed in a corrective action plan, if necessary.
(e) Fire drill logs shall be reviewed and discussed to ensure compliance with licensing standards as detailed in subparagraph 65C-13.030(5)(i)5., F.A.C. The evacuation plan and disaster preparedness plan shall be reviewed and discussed.
(3) Re-licensing Home Study. As a part of the re-licensing application packet, the supervising agency shall make a thorough evaluation of each licensed out-of-home caregiver and document this evaluation in a re-licensing home study, which shall include, at a minimum:
(a) Demographics: Names, Dates of Birth, Address, and contact numbers;
(b) In-Service Training. List all applicable training, including dates, number of hours and topics. Identify expiration date for water safety training as applicable;
(c) Chronology. Dates of home visits and persons interviewed;
(d) Family Composition and Description. Note any changes in household composition, employment, family members, arrests, divorce or separations, serious illness or medical conditions in detail. Any new household member shall be interviewed and a written summary provided;
(e) Home and Neighborhood. Any changes to the physical environment, addition of a pool or remodeling, fencing, physical surroundings, and sleeping arrangements, maintenance of both interior and exterior conditions of home, surrounding outdoor area and continued availability of safe play areas for children, shall be documented;
(f) Animals. Any new animals such as dogs, cats or exotic pets that could potentially cause harm to a child should be discussed as in the initial licensing home study. Animals requiring rabies vaccination under Section 828.30, F.S., must be vaccinated for rabies and their vaccinations current at the time of re-licensure;
(g) Licensed out-of-home caregiver's fostering experience. Documentation of the licensed out-of-home caregiver's experiences with staff and providers and his or her statements regarding services received by the child shall be completed. Issues shall be addressed concerning the licensed out-of-home caregiver's experience with licensed out-of-home care over the last year and the family's feelings of how fostering has affected their relationships or lifestyle;
(h) Discipline. Description of how the licensed out-of-home caregiver has handled any behavioral problems with children placed in the home. Discipline practices used by the applicant with all children in the home;
(i) Family life:
1. Documentation of the licensed out-of-home caregiver's support and integration of foster children into the family such as attendance at and involvement with children's activities; transportation to school and social events; medical appointments and other family activities, hobbies, or extracurricular interests each foster child has been involved in;
2. Documentation of the level of cooperation of licensed out-of-home caregivers with legal families, visitation and the case plans for any children placed in the home over the past licensed year. A description of how the family has worked with the supervising agency in terms of partnership and case plan goals. A description of the licensed out-of-home caregiver's attentiveness to the provision of clothing and allowances to the children in his or her care.
3. Documentation of the licensed out-of-home caregiver's compliance with proper administration and monitoring of medication, cooperation with medical directives and appointments;
4. Documentation of the maintenance of school and resource records for each child in placement.
(j) Childcare. The supervising agency shall ensure that childcare providers are licensed and all babysitters have been screened in accordance with Rule 65C-13.033, F.A.C., and approved by the supervising agency. Document the current arrangements for day care needs or after school care. If both parents work, the level and amount of supervision being provided by the applicant shall be explored;
(k) Transportation Safety.
1. The licensed out-of-home caregiver shall have transportation available twenty-four hours a day. All vehicles used to transport children shall be in safe condition, in compliance with applicable motor vehicle laws of the state, and equipped with seat belts and approved car seats for children under the age of four years. Vehicles shall be smoke free when foster children are being transported. The licensed out-of-home caregiver shall have the ability to safely transport the number of children in his or her own care. Children in care shall use seat belts or age and size appropriate safety seats when being transported in motor vehicles.
2. The licensed out-of-home caregiver shall have all vehicles insured. The licensed out-of-home caregiver shall not allow foster children to be transported by any person not possessing a valid driver's licensed or auto insurance.
(l) Employment. The current employment status of each parent, including occupation, current place of employment, work hours and flexibility of schedule if changes have occurred over the licensed year;
(m) Financial Capacity and Income. Any change in financial status or employment shall be addressed;
(n) Safety. Documentation of compliance with licensing standards as they relate to the safety of the home. Discussions with applicants regarding disaster preparedness plan, evacuation plans, the Bilateral service agreement, medication logs, and fire drills shall be held and documented;
(o) Other Adult Household Members. The following information shall be obtained and documented for any other adult household members whether or not they intend to supervise or provide care to the foster child:
1. Background Screening pursuant to Rule 65C-13.023, F.A.C.;
2. Medical History as set forth in subparagraph 65C-13.025(5)(f)3., F.A.C.;
3. What responsibilities they intend to have with the foster child such as transportation, supervision and care giving;
(p) Background Screening. The results of all background screening information shall be reviewed for each individual in the home who is older than twelve years of age. Local law enforcement checks shall be completed prior to the one year expiration date of the existing results. Any arrests, qualifying abuse reports under Section 39.302(7), F.S., or findings of protective orders shall be addressed in the study completed by the supervising agency. The supervising agency or the department has the discretion to request background screening for any individual if there is a reasonable belief that:
1. The individual may be a household member; or
2. The individual's presence in the foster home may adversely affect the health, safety and welfare of the children in the home; or
3. The individual has or may have unsupervised contact with the children.
(q) History of Placements. Placements for the last year shall be identified and discussed. The licensed out-of-home caregiver's compliance with Rule 65C-28.010, F.A.C., shall be verified for children placed in the home governed by this section. If the family requested that a child be moved, the reasons and circumstances should be addressed. The narrative should discuss each child who has left the home. The report should address how the family has worked with each child;
(r) Youth Exit Interviews. An exit interview with every child ages five through eighteen, according to Rule 65C-28.017, F.A.C.;
(s) Staff and Community Feedback. A summary of feedback from staff and community members as it relates to the family's continued suitability and performance as a licensed out-of-home caregiver;
(t) Foster Home Referrals, Concerns or Complaints. A summary of foster care referrals, unusual incidents, accidents and complaints received during the licensure year and any concerns received from staff or others;
(u) Summary. The licensing counselor shall summarize all information obtained from the "Services Worker's Review of Licensed Out-of-Home Caregiver's Performance" forms, CF-FSP 5223, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/, exit interviews of children, licensing complaints, foster care referrals or abuse reports, the "Quality of Licensed Caregiver's Home: Community Input" form, CF-FSP 5225, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/, and any unusual incidents, accidents, arrests or involvement with law enforcement and their impact on the ability of the licensed out-of-home caregivers to provide a safe and nurturing environment for children placed in their care. The narrative should include the type of children for whom the family is most appropriate, including number of children, age, gender, special needs and behaviors. A summary of the family's ability to continue the provision of foster care services shall be completed and encompass the following:
1. A recommendation shall be made concerning the appropriateness of continued licensure; and a written summary of on-going training needs including a professional development plan.
2. If continued licensure is recommended the licensing counselor shall provide a description of the type of children for whom the family appears most appropriate including number of children, age, gender, behaviors and special needs.
3. If continued licensure is not recommended, the summary shall address the specific statutory reasons for the recommendation and identify the standards the applicant is unable to meet. The applicant must be made aware of the appeal process by the department.
4. The home study shall be reviewed, signed and dated by each licensed out-of-home caregiver, the counselor responsible for completing the study and the counselor's supervisor.
(4) Re-licensing Application Packet. The following documentation shall be provided to the licensing authority when requesting re-licensure of a family foster home:
(a) "Application for License to Provide Out-of-Home Care for Dependent Children", CF-FSP 5007 March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/;
(b) Re-licensing Standards Checklist;
(c) Re-licensing Home Study;
(d) "Re-licensing Summary for Licensed Homes for Dependent Children" CF-FSP 5027, sections A and B, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/;
(e) Signed bilateral service agreement;
(f) Verification of at least eight hours of in-service training, including and verification of Psychotherapeutic Medication training if appropriate;
(g) "Quality of Licensed Caregiver's Home: Community Input" forms, CF-FSP 5225, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/;
(h) "Services Worker's Review of Licensed Out-of-Home Caregiver's Performance", CF-FSP 5223, March 2007, incorporated by reference and available atwww.dcf.state.fl.us/publications/;
(i) Youth exit interview forms;
(j) Copies of driver's license and validation of vehicle insurance;
(k) Satisfactory environmental health inspection report from the local health department;
(l) Radon testing results (if applicable);
(m) Evacuation and disaster preparedness plans;
(n) Pet vaccinations (if applicable).
(o) Criminal and Abuse/Neglect History Screening:
1. Record check through the department's Florida Abuse Hotline and Statewide Automated Child Welfare Information System;
2. Local law enforcement records checks as specified in subsection 65C-13.023(2), F.A.C.;
3. FDLE records checks (if applicable);
4. Civil Court Record Checks as described in Rule 65C-13.023, F.A.C.;
(p) Any licensing deficiencies shall be corrected prior to recommending re-licensure.
(5) Re-Licensing Process.
(a) The completed application packet, as described in subsection 65C-13.028(4), F.A.C., shall be submitted by the supervising agency to the licensing authority no less than thirty days prior to expiration of the current license.
(b) Within ten working days of receipt of the complete re-licensing packet, the licensing authority shall determine if the re-licensing application packet is complete and notify the supervising agency in writing of the need for any additional materials or information. The supervising agency must submit the necessary materials or information to the licensing authority within ten working days of receipt of the written notice. A license cannot be issued until all information has been received in order to ensure the safety and well-being of children.
(c) Once a complete re-licensing application packet is received and the licensing authority determines that the applicant can ensure the safety and well-being of children, a license shall be issued to the applicant no later than ten working days from receipt of the complete packet.
(d) If the completed packet of materials was received prior to the expiration of the existing license then, upon approval, the renewal date of licensure shall begin on the day the current license expires.
(e) If the submitted application packet is not complete at the time the existing license expires, the renewal date of licensure shall be the actual date of approval by the licensing authority. No child shall be placed in an unlicensed setting.
(f) A copy of the license shall be provided by the licensing authority to the supervising agency.
(g) If the supervising agency or department determines that the out-of-home caregivers have not satisfactorily met the standards for continued licensure, the department shall consult with the Regional Legal Counsel, lead agency and supervising agency, concerning the appropriate course of action.
(h) Unless the applicant voluntarily withdraws the application, the department shall proceed with formal actions pursuant to Rule 65C-13.035, F.A.C.
(i) Licensed out-of-home caregivers meeting the criteria of Section 409.175(6)(j), F.S., may be issued a license for longer than one year, but no longer than a three year period of time. During the three-year period the licensing counselor shall conduct a minimum of one face to face visit in the home on an annual basis, obtain the information and documentation outlined in this section and submit it to the licensing authority with a statement certifying that the family continues to meet all licensing requirements. A review of all required re-licensing information shall be conducted at the end of every three year licensing period. The annual review of a three-year license shall include:
1. A "Re-licensing Summary for Licensed Homes for Dependent Children", CF-FSP 5027, Sections A and B, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/;
2. Documentation of at least eight hours of in-service training;
3. Updated verification of water safety training if appropriate;
4. Background screening which includes local law enforcement records checks completed prior to the one year expiration date on the existing checks, an abuse history check, and FDLE re-screening if applicable;
5. "Affidavit of Compliance: Background Screening Requirements", CF-FSP 5218, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/, and according to Section 409.175(6)(c), F.S.;
6. "Services Worker's Review of Licensed Out-Of-Home Caregiver's Performance", CF-FSP 5223, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/;
7. Youth exit interviews as set forth in Rule 65C-28.017, F.A.C.;
8. Updated documentation of driver's license(s) and vehicle insurance if applicable;
9. Updated evacuation and disaster preparedness plan if changes in layout of the home or means of egress have occurred.
10. Pet vaccinations (if applicable); and
11. An "Application for License to Provide Out-of-Home Care for Dependent Children" CF-FSP 5007, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/.
(6) Applicants Previously Licensed or Approved in another State, or Region.
(a) If the applicants were licensed previously in another state or outside the region in which they are seeking licensure, the supervising agency shall make a written request to the previous licensing agency for a reference, copies of the initial and last licensing studies, closing summaries, information about any complaints, foster care referrals, or concerns expressed regarding the prospective family's parenting ability, reason for closure, and the results of their background screening and abuse history check.
(b) The written request and all information received from the originating state, or region shall be included in the application packet.
(c) Applicants who have previously completed a departmentally approved pre-service training curriculum in the past five years, and who can provide proof of completion, shall not be required to complete pre-service training. Applicants who completed pre-service training in another state may be exempt from pre-service training if the curriculum is the same as an approved version of pre-service training offered in Florida. Supervising agencies may submit a copy of the curriculum to the department for review and approval if the pre-service training previously completed is not an approved curriculum in Florida.
(7) Re-opening of Previously Licensed Out-of-Home Caregivers within the Region.
(a) If the applicants were licensed previously in the same region where they are currently seeking licensure, the supervising agency shall seek information from the previous supervising agency which describes the applicants' performance and history as licensed out-of-home caregivers. All attempts shall be documented.
(b) Applicants shall complete all initial licensing requirements with the exception of pre-service training, if previously completed within five years.
(c) All information received from the originating supervising agency shall be included in the application packet.
(d) For previously licensed out-of-home caregivers that wish to reopen and submit an application within ninety days from closure, the supervising agency is allowed to utilize the prior background screening results. In addition, the re-licensing procedures shall be followed in accordance with the Re-licensing Procedures in Rule 65C-13.028, F.A.C.
(e) If the application packet is approved, a license is issued to the applicant(s). The license shall include the name and address of the caregiver(s), the name of the supervising agency along with the licensed capacity and the dates for which the license is valid. The regional administrator or designee in upper level management shall sign the license. Any limitations shall be displayed on the license if the study indicates the necessity for such restrictions, such as specific ages or gender preference.
(f) A copy of the license shall be provided by the licensing authority to the supervising agency.
(g) When the department determines that the application shall be denied, the department shall consult with child welfare legal services to determine the appropriate course of action. If the decision is made to deny the application, the applicant and supervising agency must be notified by certified mail within five working days of the decision to deny, identifying the reasons for the denial of the license, the statutory authority for the denial of the license, and the applicant's right of appeal pursuant to Chapter 120, F.S.
(h) Unless the applicant voluntarily withdraws the application, the department shall proceed with formal actions pursuant to Rule 65C-13.035, F.A.C.
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