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Document Citation: 65C-20.013, 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-20 FAMILY DAY CARE STANDARDS AND LARGE FAMILY CHILD CARE HOMES
Date:
08/31/2009
Document:
65C-20.013 Large Family Child Care Homes (LFCCH).
(1) Large Family Child Care Homes.
(a) A large family child care home, for the purposes of this rule, means a home that is licensed under Section 402.3131, F.S. A large family child care home must first have operated as a licensed family day care home for two consecutive years, with an operator who has had a child development associate credential or its equivalent for one year. The two consecutive years of operation as a licensed family day care home must have been within five years of the date of the application to operate a large family child care home.
(b) Large family child care homes must meet and comply with all standards in Section 402.3131, F.S., and in this rule at all times unless there are insufficient numbers of children in care to meet the definition of a large family child care home, in which case an additional employee is not required.
(c) Large family child care homes shall meet all of the requirements in Rules 65C-20.008-.012, F.A.C., in addition to the requirements listed below.
(2) Large Family Child Care Home Definitions.
(a) "Full Time Employee" means one additional staff person at least 18 years of age, who is on the premises of a home operating as a large family child care home.
(b) "Hours of Operation" means the hours of the day or night that a large family child care home has children in care.
(c) "Operator" means the occupant and licensee of the large family child care home who is at least 21 years of age and responsible for the overall operation of the home.
(d) "Substitute" means a competent adult, at least 18 years of age, who is available to substitute for the operator or employee on a temporary or emergency basis.
(3) Large Family Child Care Home Application and License.
(a) Application for a license or for renewal of a license to operate a large family child care home must be made on CF-FSP Form 5238, March 2009, Application for a License to Operate a Large Family Child Care Home, which is incorporated by reference. CF-FSP Form 5238 may be obtained from the department's website at www.myflorida.com/childcare. A license to operate a large family child care home may be used to operate a family day care home when the number of children in care meets the definition of a family day care home. A license to operate a family day care home cannot be used to operate a large family child care home.
(b) A completed CF-FSP Form 5238, for renewal of an annual license must be submitted to the licensing authority at least 45 days prior to the expiration date of the current license to ensure that a lapse of licensure does not occur. Failure to submit a completed CF-FSP Form 5238, at least 45 days prior to the expiration date of the current license constitutes a licensing violation as defined in paragraph 65C-20.012(3)(d), F.A.C.
(c) CF-FSP Form 5238 is not considered complete until the licensing authority receives proof of background screening clearance on the operator of the large family child care home, substitutes, and on all other household members who are subject to background screening pursuant to Section 402.3131(2), F.S. If the designated substitute changes during the licensure year, prior to taking care of children, the new designated substitute for the operator must comply with background screening requirements and the licensing authority must receive proof of background screening clearances.
(d) The Department may issue a provisional license allowing a home to operate for a designated period of time while working to correct one or more licensing standard(s) not met, provided the owner is making adequate provisions to ensure the health and safety of the children in care. A provisional license may not be issued as an initial license and is not a disciplinary sanction.
(e) CF-FSP Form 5337, March 2009, Child Abuse & Neglect Reporting Requirements, must be signed annually by the operator, employee and substitute(s).
(f) The large family child care home license shall be issued in the name of the operator, who must be at least 21 years of age and the resident of the large family child care home. In the event of rental or leased property, the operator shall be the individual who occupies the residence.
(g) A copy of the annual license shall be posted in a conspicuous location within the large family child care home.
(4) Large Family Child Care Home Personnel.
(a) The employee must within 5 working days after starting work, submit to the employer a complete set of information necessary to conduct a screening under this section.
(b) Initial Screening. Screening information for the employee must be documented on CF-FSP Form 5131, March 2009, Background Screening and Personnel File Requirements, which is incorporated by reference. A copy of CF-FSP 5131 may be obtained from the department's website www.myflorida.com/childcare.
(c) Re-screening. Re-screening information for the employee must be documented on CF-FSP Form 5131.
(5) Large Family Child Care Home Staff Training.
(a) Definitions.
1. "Active" is the status of a candidate's awarded credential or certification which demonstrates that the credential requirements have been successfully met.
2. "Begin training for child care personnel" refers to a candidate's commencement of at least one of the child care training courses listed in paragraph 65C-20.013(5)(c), F.A.C. This may be accomplished by classroom attendance in a department-approved training course, acquiring an educational exemption from a department-approved training course, beginning a department-approved online child care training course, or by receiving results from a department-approved competency examination within the first 90 days of employment in the child care industry in any licensed Florida family day care home or large family child care home. The large family child care home is responsible for obtaining documentation from child care personnel.
3. "Continuing Education Unit (CEU)" is a standard unit of measure of coursework used for training and credential purposes. The department will accept CEUs from education institutions accredited and recognized by the U.S. Department of Education, or nationally affiliated state or local professional organizations.
4. "Early Childhood Education" refers to coursework, certification, a credential or degree that specializes in children ages birth through eight years.
5. "Florida Child Care Professional Credential (FCCPC)," pursuant to Section 402.305(3)(b), F.S., certifies successful completion of a department-approved training program that consists of a minimum of 120 hours of early childhood instruction, 480 contact hours with children ages birth through eight years and at least two methods of formal assessment that offers two areas of certification. "Birth Through Five" (formerly the department-approved CDA Equivalency training programs) and "School-Age" (formerly the Florida School-Age Certification) Credentials must be documented on CF-FSP Form 5270, April 2006, Florida Child Care Professional Credential Certificate, which is incorporated by reference. A copy of CF-FSP Form 5270 may be obtained from the department's website at www.myflorida.com/childcare. Active credentials are valid for five years from the date of issuance. A list of approved and recognized FCCPC programs may be obtained from the department's website at www.myflorida.com/childcare.
6. "Florida Department of Education Child Care Apprenticeship Certificate (CCAC)" is a department approved child care credential that consists of a minimum of 120 hours of early childhood instruction and 480 contact hours with children ages birth through eight years, and meets or exceeds the requirements outlined in Section 402.305(3)(c), F.S. A list of approved and recognized DOE programs may be obtained from the department's website at www.myflorida.com/childcare. Active credentials are valid for five years from the date of issuance. Credential renewal certificates must be documented on CF-FSP Form 5270, April 2006, Florida Child Care Professional Credential Certificate.
7. "Florida Department of Education Early Childhood Professional Certificate (ECPC)" is a department-approved child care credential that consists of a minimum of 120 hours of early childhood instruction and 480 contact hours with children ages birth through eight years and meets or exceeds the requirements outlined in Section 402.305(3)(c), F.S. A list of approved and recognized DOE programs may be obtained from the department's website at www.myflorida.com/childcare. Active credentials are valid for five years from the date of issuance. Credential renewal certificates must be documented on CF-FSP Form 5270, April 2006, Florida Child Care Professional Credential Certificate.
8. "Florida Department of Education School-Age Professional Certificate (SAPC)" is a department approved child care credential that consists of a minimum of 120 hours of early childhood, instruction, and 480 contact hours with school-age children, and that meets or exceeds the requirements outlined in Section 402.305(3)(c), F.S. A list of approved and recognized DOE programs may be obtained from the department's website at www.myflorida.com/childcare. Active credentials are valid for five years from the date of issuance. Credential renewal certificates must be documented on CF-FSP Form 5270, April 2006, Florida Child Care Professional Credential Certificate.
9. High School Diploma, GED and/or College Degree" means a diploma or degree obtained from an institution accredited and recognized by U.S. Department of Education. High school diplomas issued by private schools that are registered with the Florida Department of Education will be accepted. If a high school diploma is earned outside the U.S., it must be translated by someone who is a member of the American Translators Association, an approved credential evaluation agency approved by the Bureau of Educators Certification, or an accredited college/university. If a college degree is earned outside the U.S., it must be evaluated by an approved credential evaluation agency approved by the Bureau of Educators Certification or an accredited college/university to be equivalent to a U.S. degree.
10. "Inactive" refers to the status of a candidate's awarded credential or certification that is no longer active; however, remains eligible for renewal.
11. "National Early Childhood Credential (NECC)" pursuant to Section 402.305(3)(c), F.S., is an early childhood credential approved by the department and recognized by licensing authorities in at least five states that incorporates 120 hours of early childhood instruction, 480 contact hours with children ages birth through eight years, and includes at least two methods of formal assessment. This includes the Child Development Associate (CDA) credential issued by the Council for Professional Recognition in Washington, DC. A list of approved and recognized NECC programs may be obtained from the department's website at www.myflorida.com/childcare.
12. "Professional contribution" demonstrates a dedication to early childhood or school-age education outside of the child care program responsibilities.
13. "Year of experience" is equivalent to a minimum of 1040 hours of paid and/or nonpaid documented work experience.
(b) Large Family Child Care Home Operators. In addition to the training requirements identified in paragraphs 65C-20.009(3)(a) and (c), F.A.C., large family child care home operators must:
1. Possess an active Staff Credential Verification Confirmation, documented on the Training Transcript.
a. To apply for a staff credential verification, a candidate must complete CF-FSP Form 5211, March 2009, Florida Child Care Staff Credential Verification Application, which is incorporated by reference, and may be obtained from the department's website at www.myflorida.com/childcare. Operators must meet one of the following credentials below for a minimum of one year prior to initial Large Family Child Care Home Licensure:
(I) An active National Early Childhood Credential (NECC); or
(II) An active Birth Through Five Child Care Credential awarded as a Florida Child Care Professional Credential (FCCPC), a Florida Department of Education Child Care Apprenticeship Certificate (CCAC), or Early Childhood Professional Certificate (ECPC); or
(III) An active School-Age Child Care Credential awarded as a Florida Child Care Professional Credential (FCCPC) or School-Age Professional Certificate (SAPC); or
(IV) Formal Educational Qualifications;
b. An Employment History Recognition Exemption will not be accepted to meet the minimum staff credential requirements for Large Family Child Care Homes.
c. An Employment History Recognition Exemption and a School-Age FCCPC will not be accepted to meet the minimum staff credential requirements for Voluntary Pre-Kindergarten (VPK).
d. Florida law requires that VPK instructional personnel possess an appropriate credential. If the department identifies that a designated VPK teacher does not have an active credential, the department will notify the local Early Learning Coalition or its designated representative.
2. Within six months of licensure, successfully complete 10-clock-hours of specialized training from the department's Part II training courses as evidenced by successful completion of a competency examination with a weighted score of 70 or better.
a. These courses include:
(I) Infant and Toddler Appropriate Practices (10 hours),
(II) Preschool Appropriate Practices (10 hours),
(III) School-Age Appropriate Practices (10 hours),
(IV) Special Needs Appropriate Practices (10 hours),
(V) Early Literacy for Children Ages Birth Through Three (5 hours online),
(VI) Basic Guidance and Discipline (5 hours online),
(VII) Emergent Literacy for Voluntary Pre-Kindergarten (VPK) Instructors (5 hours online), or
(VIII) Early Childhood Computer Learning Centers (5 hours online).
b. Child care operators have one opportunity, if they choose, to exempt from one or more of the department's training courses prior to attending training by successful completion of corresponding competency examinations. If the Part II training course is only available online, exemption examinations are not available.
c. The department or its designated representative shall exempt individuals from one or more of the department's training courses with a:
(I) Bachelor's degree or higher in Early Childhood Education or Preschool Education from the Infant and Toddler Appropriate Practices course and Preschool Appropriate Practices course.
(II) Bachelor's degree or higher in Elementary Education from the School-Age Appropriate Practices course.
(III) Bachelor's degree or higher in Exceptional Student Education from the Special Needs Appropriate Practices course.
3. Maintain an active staff credential, documented on the individual's Training Transcript. Inactive staff credentials may not be used to operate a large family child care home.
a. A National Early Childhood Credential must be renewed through the agency that awarded the original credential. Once renewed, for licensing purposes, individuals must complete a CF-FSP Form 5211, Florida Child Care Staff Credential Verification Application to have the individual's Training Transcript updated with renewed credential information.
b. To renew an active Birth Through Five or School-Age Child Care Credential, every five years a candidate must complete the renewal section of the CF-FSP Form 5211; if all criteria are met, the individual's Training Transcript will be updated with renewed credential information.
Renewal applications may be submitted by the candidate no earlier than one year prior to the end of the active period of the Birth Through Five or School-Age Child Care Credential. An individual with an inactive Birth Through Five or School-Age Child Care Credential may submit a renewal application, but while inactive, the credential shall not be used to operate a large family child care home. The application will be reviewed, and if approved, a certificate will be issued with a renewal date of five years from the date the renewal requirements are met.
c. A staff credential awarded for formal educational qualifications is always active and does not need to be renewed.
(c) Large Family Child Care Home Employees. Employees in a large family child care home shall be at least 18 years of age and must satisfy the following training requirements:
1. Within 90 days of employment in a Florida large family child care home, begin the department's 30-clock-hour Family Child Care Home training. The training shall be successfully completed within 12 months from the date on which the training began, as evidenced by the successful completion of a competency examination offered by the department or its designated representative with a weighted score of 70 or better. Training completion may not exceed 15 months from the date of employment in a Florida large family child care home. Documentation of course completion may either be a single Family Child Care Home (30 Hr) certificate or certificates for the five individual training courses which total 30-clock-hours of training: Family Child Care Home Rules and Regulations; Health, Safety and Nutrition; Identifying and Reporting Child Abuse and Neglect; Child Growth and Development; and Behavioral Observation and Screening.
2. Within 12 months of date of employment in the Florida large family child care home, complete a single course of training in early literacy and language development of children ages birth through five years that is a minimum of five-(5)-clock-hours or .5 CEUs. Proof of completion will be documented on the certificate of course completion, classroom transcript, or diploma. In order to meet this requirement, employees must complete one of the following:
a. One of the department's online literacy courses available on the department's website at www.myflorida.com/childcare; or
b. One of the department's approved literacy training courses. A list of these courses may be obtained from the department's website at www.myflorida.com/childcare (no additional courses will be approved by the department); or
c. One college level early literacy course (for credit or non-credit) if taken within the last five years.
(d) Large Family Child Care Home Substitutes. Substitutes are persons designated by the operator to care for children in the absence of the operator or an employee. Substitutes must be at least 18 years of age. Substitutes for the operator and an employee who works more than 40 hours per month on average must meet the training requirements in paragraph 65C-20.009(3)(a), F.A.C. Substitutes for the employee who work less than 40 hours per month on average must meet the training requirements in paragraph 65C-20.009(3)(b), F.A.C.
(6) Large Family Child Care Home Annual In-Service Training. All large family child care home operators and employees, must complete the annual in-service training requirements in subsection 65C-20.009(4), F.A.C.
(a) Large family child care home employees may apply the mandated 30-clock-hour Family Child Care Home training to meet the annual in-service training requirement during the first year of employment.
(b) All employees continuously employed or hired prior to the last month of the provider's licensure year must complete the annual in-service training requirement. This includes any changes in employment from one program to another.
(c) Employees continuously employed or hired prior to the last month of the provider's licensure year who do not complete the required annual in-service training during any given year must complete the remaining in-service training hours within 30 days of the noncompliance finding by the licensing authority. These hours cannot be used to meet the current year's in-service training requirements.
(7) Large Family Child Care Home Supervision.
(a) In a large family child care home, direct supervision must be maintained at all times during the hours of operation. Direct supervision means watching and directing children's activities and responding to each child's need. While children are napping or sleeping in bedrooms, the bedroom doors must remain open.
(b) Additional Supervision Requirements.
1. In addition to the number of staff required to meet staff-to-child ratios, if there are more than six preschoolers participating on field trips away from the large family child care home, there must be one additional adult present per each six preschoolers, or any fraction thereof, to provide direct supervision to the children. If some children remain in the home, the adult supervision staff-to-child ratios as required in Section 402.302(7), F.S., shall apply and must be maintained. In addition, one staff member on the field trip and one staff member remaining on the premises with children must have a valid and current certificate(s) of course completion for infant and child cardiopulmonary resuscitation (CPR) procedures and first aid training. At no time shall the total number of children exceed the capacity as defined in Section 402.302(8), F.S.
2. If a large family child care home uses a swimming pool that exceeds three feet in depth or uses beach or lake areas for water activities, the large family child care home must provide one person with a certified lifeguard certificate or equivalent, unless a certified lifeguard is on duty and present when children are in the swimming area.
(8) Large Family Child Care Home Transportation. In addition to the transportation requirements identified in subsection 65C-20.010(8), F.A.C., a large family child care home must comply with the following:
(a) Driver's Log. A log shall be maintained for all children being transported in the vehicle. The log shall be retained for a minimum of six months. The log shall include each child's name, date, time of departure and time of arrival, signature of driver and signature of second staff member to verify driver's log and that all children have left the vehicle.
(b) Upon arrival at the destination, a second adult shall:
1. Conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle; and
2. Sign, date and record the driver's log immediately, verifying that all children were accounted for and that the log is complete.
(c) When one staff member takes some children on a field trip and one staff member remains on the premises with the remainder of the children in care, the operator or employee transporting children is totally responsible for the care and supervision of those children and shall follow the transportation guidelines for a family day care home as defined in subsection 65C-20.010(8), F.A.C.
(9) Large Family Child Care Home Planned and Unplanned Activities.
(a) Each age group or class must have a written and followed plan of scheduled activities posted in a conspicuous location accessible to the custodial parents or legal guardian. The written plan must meet the needs of the children being served and include scheduled activities that:
1. Promote emotional, social, intellectual and physical growth;
2. Include quiet and active play, both indoors and outdoors; and
3. Include meals, snacks, and nap times, if appropriate for the age and the times the children are in care.
(b) Providers are encouraged to advise parents or legal guardians of their child's activities on a daily basis and to participate in the program's activities.
(10) Large Family Child Care Home General Requirements.
(a) Fire Safety. Large family child care homes shall conform to state standards adopted by the State Fire Marshal, Chapter 69A-36, F.A.C., Uniform Fire Safety Standards for Child Care Facilities and shall be inspected annually. A copy of the current and approved annual fire inspection report by a certified fire inspector must be on file with the licensing authority.
(b) Indoor Floor Space and Indoor Equipment.
1. A large family child care home must have 35 square feet of usable indoor floor space per child that does not include bedrooms unless it can be demonstrated that these bedrooms are used as multipurpose activity rooms.
2. Usable indoor floor space refers to that space available for indoor play and activities. Usable indoor floor space is calculated by measuring at floor level from interior walls and by deleting space for stairways, toilets and bath facilities, permanent fixtures and non-movable furniture. Kitchens, offices, laundry rooms, storage areas, hallways, and other areas not used in normal day-to-day operations are not included when calculating usable indoor floor space.
3. Shelves or storage for toys and other materials shall be considered as usable indoor floor space if accessible to children.
4. Where infants are in care, they shall have open indoor floor space outside of cribs and playpens.
5. Large family child care homes shall make available toys, equipment and furnishings suitable to each child's age and development and of a quantity suitable for each child to be involved in activities.
6. Toys, equipment and furnishings must be safe and maintained in a sanitary condition, and shall be cleaned and sanitized or disinfected immediately if exposed to bodily fluids, such as saliva.
(c) Outdoor Play Area and Outdoor Equipment.
1. At all large family child care homes, the outdoor play area shall maintain safe and adequate fencing or walls, a minimum of four feet in height. Fencing, including gates, must be continuous and shall not have gaps that would allow children to exit the outdoor play area. The base of the fence must remain at ground level, free from erosion or buildup, to prevent inside or outside access by children or animals.
2. All large family child care homes must have a minimum of 270 square feet of usable outdoor play area located on their property and which is used for the children attending or residing at the large family child care home, during operating hours. Large family child care homes caring only for infants under 12 months of age shall not be required to have an outdoor play area; however, infants in care shall be provided opportunities for outdoor time each day that weather permits.
(d) Emergency Procedures and Notification. The operator shall prepare an emergency evacuation plan including a diagram of safe routes by which the operator, employee and children may exit each area of the home in the event of fire or other emergency requiring evacuation. This plan shall be posted and shared with the employees, custodial parents, and/or legal guardians.
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