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Document Citation: 65C-13.027, 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-13.027 Changes During the Licensed Year.
(1) General Requirements.
(a) The licensed out-of-home caregiver shall report law enforcement involvement with any household member; law enforcement involvement includes arrests, incidents of domestic violence, driving infractions and any local law enforcement response to the home over the course of the licensed year; a change in marital status; a change in household composition; a change of the physical address; changes in financial situation such as bankruptcy, repossessions and evictions; or a serious health issue such as a debilitating injury, or communicable disease regarding a household member, to the supervising agency within 48 hours. Failure to do so may be reason to suspend, deny or revoke a license if the non-reported situation threatens the safety of any child in care or results in the non-conformity with licensing requirements stated in this rule.
(b) The following occurrences shall be reported by the licensed out-of-home caregiver to the supervising agency upon occurrence:
1. Change in marital status;
2. Change of home telephone number;
3. Change of mailing address;
4. Change of employment or significant change in work schedule prior to the event when possible;
5. Change in household composition.
(c) The supervising agency shall assess the impact on the household immediately upon learning one of these events has occurred or is likely to occur. Changes in physical address require re-licensing as described in Rule 65C-13.028, F.A.C.
(d) All child protection investigators, case managers, and other service providers who frequent the household, are responsible for immediately notifying the supervising agency if during regular business hours or within 24 hours if after regular business hours of learning of law enforcement involvement with any household member; change in marital status; a change in household composition; a change of the physical address, changes in financial situation such as bankruptcy, repossessions and evictions, or a serious health issue such as a debilitating injury or communicable disease regarding a household member of a family foster home. The supervising agency shall notify the lead agency and licensing authority within 24 hours of learning of law enforcement involvement with any household member; a change in marital status; a change in household composition; a change of the physical address, changes in financial situation such as bankruptcy, repossessions and evictions or a serious health issue such as a debilitating injury or communicable disease regarding a household member of a family foster home.
(e) All new household members shall be fingerprinted within five days of residence and those fingerprints shall be submitted to the Florida Department of Law Enforcement within five days of the receipt of the fingerprints by the supervising agency. All household members shall meet the requirements for background screening as required in Rule 65C-13.023, F.A.C. and Sections 435.04 and 435.05, F.S.
(2) Marital Status. Reportable changes include marriage, separation, reconciliation, divorce or death of a spouse.
(a) If a licensed out-of-home caregiver marries or reconciles with an unlicensed spouse, the unlicensed spouse shall complete 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/, submit fingerprints within five calendar days of residence for background screening unless previously completed, attend pre-service training if not previously completed in the last five years, and meet all licensing requirements. The unlicensed spouse shall have six months from the date of marriage or reconciliation to complete pre-service training. Failure to meet the licensing and background screening provisions of this rule which may threaten the safety of any child in care, or place the home in violation of the licensing standards in this rule, are grounds for denial, suspension or revocation of an application or license. During this period, and based on the satisfactory completion of background screening requirements and the established good moral character of the unlicensed spouse, the home remains licensed and previously placed children may remain in the home, however no new children shall be placed in the home.
(b) The supervising agency will update the home study summary, including interviews with all children in the home, verification of satisfactory background screening, and verification of income and expenses, and notify the lead agency and the department within 30 days of any marriage or reconciliation. Once all licensing requirements have been met, the supervising agency shall update the home study summary and submit a request to the licensing authority for the issuance of a new license.
(c) In case of divorce or death of a spouse, the family foster home license shall be amended to remove the person who is no longer an out-of-home caregiver. A divorce decree shall be provided to the family foster home's supervising agency immediately upon the decree being entered by the court. The supervising agency shall provide a copy of the divorce decree to the licensing authority advising which caregiver has left the home and requesting that the license be amended. The licensing authority shall provide written notification to the individual and the supervising agency that the license is amended. The notification shall be made within fifteen days of the amendment.
(d) In cases of separation, divorce or death of a spouse, the supervising agency shall update the family home study summary and assess its impact upon the children placed in the home. The home study summary update shall include interviews with the children, if age appropriate, verification of income and expenses and the remaining caregiver's plan to meet all financial obligations. The updated home study shall be filed with the licensing authority within 30 calendar days of notice from the licensed out-of-home caregiver.
(3) Change in Household Composition.
(a) If the new household member lived outside the county of residence during the previous five years, local law enforcement checks shall also include all counties of prior residence in addition to the local records check completed in the current county of residence. For any new household member who resided in another state for any period of time during the last five years, abuse and neglect history checks shall be requested of the state(s) and the results documented.
(b) When new members join the household; the supervising agency shall update the home study summary and address the changes in sleeping arrangements within thirty days.
(c) The licensed out-of-home caregivers have the responsibility to notify the supervising agency of any individual expected to have unsupervised contact with the foster child except in situations where the child is participating in appropriate social and extracurricular activities according to their age and developmental level.
(4) Change of Location. A license is issued for a specific location and is not transferable. A licensed out-of-home caregiver shall notify the supervising agency no less than thirty days prior to the expected date of the relocation. The supervising agency shall complete a closure form indicating that the licensed out-of-home caregiver was in good standing at the time of the relocation.
(a) Within Region.
1. Changing location within the region shall require a supplemental "Application for License to Provide Out-of-Home Care for Dependent Children", CF-FSP 5007, March 2007, available at www.dcf.state.fl.us/publications/; an updated home study which contains a description of the home and neighborhood; school changes; sleeping arrangements; a satisfactory environmental health inspection of the new residence; the current floor plan; disaster plan; home emergency evacuation plan; fire inspection and radon testing, if applicable. A provisional license may be issued prior to the health inspection after the supervising agency licensing counselor conducts a safety assessment of the new location. This provisional license should expire within 90 days of issuance by the licensing authority No new children shall be placed in a home that is provisionally licensed.
2. The licensing counselor shall obtain all required documentation and submit it to the licensing authority in order for a regular license to be issued.
3. Once notification of the move is received, no additional children shall be placed in the home until a regular license for that address is issued.
4. The home study summary shall be updated to reflect all changes that occurred as a result of the move within 30 calendar days of occupancy by the licensed out-of-home caregiver.
5. At least one home visit shall be made as part of the updated licensing home study.
6. If approved, an amended license shall be issued with an effective date of the previous home's date of closure and shall expire on the same date as the previous license.
7. There may be circumstances in which the conditions of the new home do not allow recommendation for licensure. If this occurs, and there are dependent children placed in the home, the primary worker shall immediately begin the process of alternative placement options.
(b) Between Regions.
1. A licensed out-of-home caregiver who plans to move from one region to another and wishes to continue being licensed, shall notify their current supervising agency at least 30 calendar days prior to the planned move. Coordination and responsibility for ensuring the transition of the home shall be provided as follows:
a. The supervising agency shall assist the licensed out-of-home caregiver in finding a supervising agency in the region where he or she plans to relocate.
b. The lead agency will work with the current supervising agency in identifying and securing a commitment from the receiving supervising agency in the new region to complete the requirements for re-licensing in the new region.
c. The supervising agency, lead agency, licensed out-of-home caregiver, contracted provider, services worker and child welfare legal services must determine whether permanency planning will be affected and whether any children currently placed in the home should be placed elsewhere or move with their current licensed out-of-home caregivers.
d. If the plan is to allow the child(ren) to move with the current licensed out-of-home caregiver(s), it is the responsibility of the children's primary services worker to secure written agreement of the receiving services worker to provide courtesy supervision and to arrange for a safety assessment of the home within seventy-two hours of occupancy.
2. The current supervising agency shall inform the current region licensing authority in writing of the impending move and request that the complete licensing file be sent to the new region's licensing authority.
3. The supervising agency accepting responsibility for licensing the foster family home will provide a contact name and telephone number to the licensed out-of-home caregivers immediately upon acceptance of responsibility for the licensing process in the new region. The home study and complete application packet should be sent to the new licensing authority within sixty days of commencement. Prior to submission of the home study and application packet, the home remains unlicensed but a provisional may be issued after the safety assessment is completed and received by the new licensing authority and prior to the inspection by the county health department.
4. The new region licensing authority shall request any additional documentation legally required to ensure that all minimum standards and out-of-home caregiver expectations are met within ten working days of receipt of the application packet. If no additional information is legally required, the new license shall be issued within ten working days of receipt of the complete application packet. No additional children will be placed in the home until the new licensing authority signs the new license.
5. The new licensing authority shall send a copy of the new license to the former region. The former region will then close the licensing file.
6. If the decision is made to deny the new application, the licensing authority will notify the applicant and supervising agency 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. If there are any dependent children that moved with the caregiver from the former region the licensing authority will notify the new supervising agency within twenty-four hours of the decision to deny the application. The new supervising agency shall notify the former supervising agency and the contracted service provider responsible for courtesy supervision within twenty-four hours of receiving the notice and all possible placement options, the possible risk to the children and their best interest shall be considered and a decision made regarding their placement within twenty-four hours of receipt of the notification. The removal and placement of the children is the responsibility of the former supervising agency and the contracted service provider with primary responsibility for supervision of the children.
(c) Out of State. The same process as outlined for a change in region is to be followed. However, if the children are to move out of state with the licensed out-of-home caregiver, the primary services worker is required to initiate an Interstate Compact for the Placement of Children request pursuant to Section 409.401, F.S., no less than 45 days prior to the move unless extenuating circumstances exist. If extenuating circumstances exist, the services worker shall provide an explanation and documentation of the circumstances surrounding the move for consideration and processing by the Florida Interstate Compact for the Placement of Children Office.
(d) Between supervising agencies.
1. A currently licensed out-of-home caregiver wishing to change providers shall file a supplemental "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/, with the desired supervising agency.
2. The desired supervising agency shall:
a. Request all information concerning the performance of the respective licensed out-of-home caregiver from the current supervising agency, including their recommendation for licensure;
b. Consider the application and advise the applicant in writing of whether it does or does not find the family appropriate for transfer to their agency within 30 days of receipt of the application; and
c. Notify the sending agency and the department of the determination.
d. If the family is found to be inappropriate, the department shall make the family aware of the appeal process.
3. Supervising agencies shall share all information concerning the performance of the respective licensed out-of-home caregiver, along with their recommendations, upon request.
4. If the licensed out-of-home caregiver is accepted, the new supervising agency shall submit a new application packet to the regional licensing authority for issuance of the new license.
5. If the request to change providers occurs during the licensure year, the new supervising agency need only submit 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/, and letter of acceptance to the licensing authority. The licensing authority will issue an amended license to reflect the new supervising agency for the remainder of the established licensure year. The new supervising agency assumes all responsibility for the annual re-licensure activities.
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