Document Citation: 65C-13.025, F.A.C.

Header:
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-13.025 Initial Licensing Procedures.

(1) General.

(a) Each applicant wishing to become a licensed out-of-home caregiver 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. After completing training and home study process, any person who requests an application either verbally or in writing shall be provided one.

(b) The supervising agency completing the home study shall, at a minimum, conduct two visits to the applicant's home, inspect the entire indoor and outdoor premises, document the conditions, and conduct face to face interviews with all household members. The dates, names of persons interviewed and summary of these interviews shall be documented in the home study.

(c) The supervising agency is responsible for advising the applicant of all rules, regulations, and standards that apply to the applicant if a license is issued.

(2) References.

(a) There shall be a minimum of three personal references that shall not be related to the applicant being screened and shall have known the applicant for at least two years. Reference inquiry responses may be obtained in writing from the individual(s) or documented by the supervising agency staff based on conversations with the person giving the reference.

(b) References shall be obtained from the adult children of each applicant. These references shall address the applicant's suitability to become a licensed out-of-home caregiver. All unsuccessful attempts to solicit information shall be documented and the overall impact of the missing information considered as a part of the recommendation to license or not to license.

(c) The agency shall obtain a current employment reference for each applicant. At a minimum, this reference shall include sufficient information to establish or corroborate the applicant's current employment status. If current employment is less than two consecutive years in duration, secondary employment references shall be obtained. If the applicant is self-employed, a reference from a current customer or associate of the applicant shall meet this requirement. If an applicant is not currently employed a former employer or additional personal reference shall suffice.

(d) The agency shall obtain references from school personnel of each school age child residing in the home.

(e) References shall be obtained from the childcare provider of any preschool age child who is enrolled in a childcare program.

(f) References from two neighbors, or in the absence of neighbors, references from two community members shall also be obtained, including but not limited to the name and address of the neighbor or community member, how long he or she has known the applicant, and any concerns they may have about the applicant's suitability to become a licensed out-of-home caregiver.

(3) Verifications.

(a) The applicant shall provide the agency with proof of the following, if applicable; his or her current marriage license or most recent divorce decree as applicable, documentation of legal residency, driver's licenses, auto insurance coverage, financial capability and income, child support verification, and pet vaccinations.

(b) The prospective out-of-home caregiver shall have read, completed and signed all documentation required for licensing as listed under paragraph (6)(b) of this section and shall be provided copies of all documents signed upon request.

(4) Employees, Relatives and Sub-Contractors as Licensed Out-of-Home Caregivers. Region, County Sheriff's Offices and Lead Agencies may choose to license employees as out-of-home caregivers as long as the following conditions are met:

(a) No conflict of interest exists that could result in preferential treatment concerning the placement and movement of children placed in the potential licensed family foster home;

(b) The licensing study is completed by a licensed child-placing agency outside of the lead agency's service delivery system and submitted to the department for approval;

(c) The lead agency has a procedure approved by the department, which requires the executive director or designee in upper level management of the lead agency to review and approve the submission of all such applications to the department.

(5) Initial Licensing Home Study. A staff person, certified pursuant to Section 402.40(7), F.S., from the supervising agency shall perform a thorough assessment of each prospective licensed out-of-home caregiver and document this assessment in a home study, which shall include, at a minimum:

(a) Demographics: Names, Dates of Birth, Address, and contact numbers;

(b) Pre-service Experience:

1. Dates of pre-service training and a description of the applicant's participation in the pre-service classes;

2. Applicant's motivation to foster and his or her commitment to the foster care experience including how other family members and extended family feel about the decision to foster.

(c) Chronology of events. Include dates of home visits and persons interviewed;

(d) Home and Neighborhood:

1. Physical description of the home, including the number of bedrooms and bathrooms, type and number of available beds and current sleeping arrangements, storage space for children's personal belongings, living area, dining area and other interior space. Interior and exterior photos must be included.

2. A description of how the home complies with safety requirements, including location and verification of operating fire extinguishers with current tag and smoke detectors, storage of medications, cleaning supplies and toxins. The description shall also include the storage of alcoholic beverages, weapons and ammunition, location of burglar bars, fireplaces, handrails on stairways and space heaters, if applicable;

3. Water Safety. A description of the outdoor area including swimming pools, canals, ponds, lakes, streams and other potential water hazards and documentation of the counselor's discussion with the applicant regarding the requirements for supervision and how the applicant will ensure safety and adequate supervision.

(e) Animals. Description of any household pets, exotic pets, or live stock including immunization verification as required according to Section 828.30, F.S., observations of their care, behavior and how they are maintained and secured. The applicant shall have measures in place to assure safety of foster children from any potentially dangerous animals and this information shall be documented in the home study, if applicable;

(f) Social History: A description of the following shall be included:

1. Background and Family History, including place(s) of birth, description of family relationships during childhood and current state of family relationships, education, types of discipline used in the family, family values, and any prior residences in or out of Florida;

2. Marital Status and Other Significant Relationships.

3. Medical History. Medical history including physical, mental health and other treatments for all household members shall be explored, including debilitating, communicable or progressive diseases or conditions. If there is a concern regarding the physical, mental or emotional health, such as debilitating or progressive diseases, of any member of the household and possible injurious effects on a child, the applicant must supply recent medical reports and evaluations upon request of the supervising agency or Department. The staff person completing the home study shall explore and document in the home study any health concerns of the applicant and household members. This discussion should include the following:

a. Current smoking and alcohol use by household members;

b. Any history of alcohol or substance abuse.

4. Parenting experience of each applicant. All of the applicant's children shall be identified whether they reside in the home or not. This may also include their parenting experience with any child they may have provided care for, even if on a temporary basis. This section should also include a description of the experience, as opposed to just listing the identities of the applicant's children or the children they may have parented.

5. Discipline. A description of the methods used by the applicant's own family while growing up; discipline methods used by the applicant on his or her own children and the plan for disciplining foster care children in the home.

6. Family Life. Document observations of family members' personalities and their interpersonal relationships. Describe family activities, hobbies and interests and civic involvement. For each child living in the home, describe the child's school, grades, achievements and interests. Describe each child's relationship with the applicant and siblings in the home, as well as his or her feelings of having a foster child in the home;

7. Religion. Explore the family's attitudes regarding prohibitions against seeking medical treatment, celebrating holidays or birthdays, and discipline practices encouraged by their faith. Discuss the applicant's ability to meet the licensing standard for religious cooperation according to subparagraph 65C-13.029(1)(g)4., F.A.C.; and

8. Child Care. Describe day care arrangements, including transportation to and from day care provider, if applicable.

(g) Transportation. Describe the vehicles and who shall be the responsible drivers. A description of each vehicle shall include its physical condition, the seating capacity and the number of seat belts. Seat belts or age and size appropriate safety seats shall be used when transporting children and shall comply with Section 316.613, F.S. Children shall not be transported in the beds of pick-up trucks or on motorcycles.

(h) Employment. Describe current employment status for each parent, including occupation, current place of employment, work hours and flexibility of schedule in case of emergencies, medical or school appointments for foster children.

(i) Financial Capacity and Income. Discuss the applicant's ability to meet the licensing standard for financial capability as follows: The applicant shall demonstrate financial solvency by providing documentation of the household income and budget sufficient to meet the needs of the family. The additional financial stresses of fostering and how applicants intend to address that stress should also be explored;

(j) 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 assist with the care of 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, i.e. transportation, supervision, care giving, and other responsibilities;

(k) Background Screening. The results of all background screening made known to the supervising or lead agency shall be addressed for each individual in the home over twelve years of age. Any arrests, qualifying reports of abuse and findings of protective orders shall be explored and addressed in the study. Failure to comply with any requirements for good moral character and background screening by other adult household members as described in this rule may be grounds for denial, suspension or revocation of an application or license if the person does not leave the home or get an exemption. The supervising agency or the department has the discretion to request background screening for other individuals if there is reasonable belief that:

1. The person may be a household member; or

2. His or her presence in the foster home may adversely affect the health, safety and welfare of the children in the home; or

3. The person has or may have unsupervised contact with the children.

(l) Summary and Recommendations;

1. Characteristics of Applicant. The applicant shall have demonstrated all of the following characteristics to a degree that shall allow him or her to adequately provide licensed out-of-home services, as evidenced through interviews and observations with the family members, communication with references, and their participation in pre-service training and all information in the foster home study:

a. A willingness to work with the supervising agency and all applicable parties to work toward permanence for the foster child as established in the child's permanency plan as established under Sections 39.01(52) and 39.6011(4), F.S.; and

b. An understanding and respect for the importance of preserving a child's family connections and relationships.

2. Summarize reference responses and follow up contacts, if applicable, as they relate to the applicant's suitability and potential success as a licensed out-of-home caregiver. Itemize and state the family's strengths and needs, taking into consideration all factors affecting the health, safety and welfare of children who might be placed in this home. A recommendation shall be made as to the appropriateness of licensure.

3. If recommending licensure, provide a description of the type of children the family appears most appropriate to foster, including number of children, age, gender(s), types of behaviors, and special needs. Explore and address any limitations or concerns and under what conditions the prospective family would be willing or able to accept the child.

4. If not recommending licensure, the summary shall indicate the specific reasons for the recommendation and identify and address the standards the applicant is unable to meet. The department must make the applicant aware of the appeal process.

(m) The home study summary shall be reviewed, and signed by the licensing counselor and the counselor's supervisor. A copy of the home study summary shall be provided to the applicant(s).

(6) Application Packet Submission and Approval Process.

(a) The complete application packet shall be submitted to the regional licensing authority. The regional licensing authority shall request any additional information needed within ten calendar days of receipt of the packet.

(b) The application packet shall consist of the following documentation and shall be provided to the licensing authority for review when requesting issuance of a family foster home license:

1. "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/;

2. "Release of Information", CF-FSP 5090, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/;

3. "Authorization for Release of Health and Medical Information for Prospective Foster or Adoptive Parents", CF-FSP 5230, October 2005, incorporated by reference and available at www.dcf.state.fl.us/publications/ (as needed);

4. Licensing Home Study;

5. Proof of Income;

6. Signed bilateral service agreement as specified in subsection 65C-30.001(11), F.A.C., between the supervising agency, lead agency and the potential licensed out-of-home caregiver. If the home is being licensed by a non-contracted agency, the agreement will be between the supervising agency and the potential licensed out-of-home caregiver;

7. Pre-service training certificate;

8. Pre-service biographical profile;

9. Documentation of water safety training, if applicable;

10. "Confidentiality Agreement", CF-FSP 5087, March 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/;

11. Verification of Criminal History Screening as specified in subsection 65C-13.023(2), F.A.C., including:

a. Signed and notarized "Affidavit of Good Moral Character", CF 1649, May 2007, incorporated by reference and available at www.dcf.state.fl.us/publications/;

b. Local Law Enforcement Check;

c. Civil Court records check as described in Rule 65C-13.023, F.A.C.;

d. Florida Department of Law Enforcement records check;

e. Clearance letter from the department regarding Federal Bureau of Investigation records check;

f. Record check through the department's Statewide Automated Child Welfare Information System.

g. Abuse registry checks on applicants and adult household members from any previous state the prospective parent(s) or other adult has resided in for the previous five years.

12. References and inquiry responses, including:

a. Three personal references;

b. Neighbor/Community references;

c. Employment reference;

d. References from adult children;

e. School references on all school age children;

f. Childcare references for all preschool children in child care arrangements;

g. References and documentation regarding any previous licensure as out-of-home caregivers.

13. Family Documents:

a. Current marriage certificates;

b. Copy of current divorce decree, if applicable;

c. Custody orders affecting applicant's children or other children the applicant may have custody of;

d. Documentation of legal residency for applicants not born in the United States;

e. Driver's license(s) and driving records;

f. Vehicle insurance.

14. Foster Home Safety Documentation:

a. Satisfactory environmental health inspection report from the local health department;

b. Radon testing results (when applicable and as per Section 402.056(4), F.S.);

c. Fire inspection report (where required by local zoning laws);

d. Floor plan;

e. Evacuation and disaster preparedness plans;

f. Pet vaccinations (if applicable).

(7) The regional licensing authority is responsible for ensuring that the licensing application packet is complete, that all licensing requirements are met and for the issuance of the license. The licensing packet shall contain documentation of a review by the lead agency and the department's regional licensing staff and a recommendation for approval or denial by the regional licensing authority.

(8) If the family foster home is located in a region other than where the submitting supervising agency is located, the application packet shall be submitted to the regional licensing authority where the prospective family foster home is located. The Regional licensing authority shall provide written notification of the outcome of the application to the supervising agency and licensing authority in the region where the supervising agency is licensed within fifteen working days of issuing the license or denial letter.

(9) If the application packet is approved, a license shall be 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 within 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. An initial license is valid for one year from the date of issuance unless the license is revoked or voluntarily relinquished.

(10) A copy of the license shall be provided by the licensing authority to the supervising agency.

(11) When the department determines that the application shall be denied, the department shall promptly notify the applicant and supervising agency by certified mail, 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.

(12) Unless the applicant voluntarily withdraws the application, the department shall proceed with formal actions pursuant to Rule 65C-13.035, F.A.C.