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Document Citation: 65G-2.011, F.A.C.
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FLORIDA ADMINISTRATIVE CODE
TITLE 65 DEPARTMENT OF CHILDREN AND FAMILY SERVICES
65G AGENCY FOR PERSONS WITH DISABILITIES
CHAPTER 65G-2 LICENSURE OF RESIDENTIAL FACILITIES
Date:
08/31/2009
Document:
65G-2.011 Foster Care Facility Standards.
(1) Administration. One foster caretaker shall be designated administratively responsible for the on-going operation of the foster care facility and for carrying out the directions of assigned Agency staff.
(2) Budget and Finance. The income and/or resources of a foster caretaker shall not be wholly dependent on the payment received for the client's care.
(3) Client Records to Be Maintained by the Facility. The facility shall establish and maintain on the premises an individual record for each client.
(a) The record shall be kept in a lockable container and include at least:
1. The client's name and date of birth, as supplied by the Agency.
2. Authorization for routine medical/dental care from the client or guardian.
3. The name, address and telephone number of the client's physician and dentist, as supplied by the Agency.
4. A record of the client's illnesses and accidents while a resident of the facility.
5. The legal status of the client, as supplied by the Agency.
6. A copy of the client's current habilitation plan, as supplied by the Agency.
7. An accounting of the client's funds received and/or distributed by the vendor.
(b) All information contained in a client's record shall be considered privileged and confidential, as provided for in Section 393.13, F.S.
(4) Services to Be Provided. Foster care facility services shall include, but not be limited to, provision of adequate living accommodations, proper and adequate dietary supervision, appropriate physical care, support, guidance, supervision and assistance with training required to assure each individual the opportunity for personal growth and development. Specific services to be provided shall be defined by the needs of the clients to be served. Consideration shall be given to age, sex, developmental level and specific needs.
(5) Staff Qualifications and Requirements.
(a) The foster caretaker shall not be dependent upon the use of clients or volunteers for basic maintenance and care.
(b) A foster caretaker shall be at least 21 years of age and shall have demonstrated ability to perform the duties required.
(c) A foster caretaker shall be in good health to the extent that they are able to provide care and supervision appropriate to the client's needs.
(d) All members of the household shall be in such mental and physical health that will not adversely affect the client.
(e) A foster caretaker shall be of suitable physical and mental ability to care for the clients they propose to serve; have knowledge of the needs of the clients; be capable of handling an emergency situation promptly and intelligently; and be willing to cooperate with the supervisory staff.
(f) A foster caretaker shall profess a willingness to respect and protect the rights of clients.
(g) At least three written character references attesting to good moral character shall be required of a foster caretaker.
(h) Professional judgment of Agency staff shall be a factor in determining the number of clients for whom the qualifications of a caretaker enable the provision of adequate care.
(6) Foster Caretaker Responsibilities.
(a) To create a congenial and homelike atmosphere within the community residence.
(b) To plan, supervise and/or prepare nutritious meals.
(c) To be supportive of each client in developing attitudes and behaviors appropriate to community living.
(d) To be supportive of and encourage each client's participation in the day training/vocational program prescribed.
(e) To be supportive of each client in developing those skills necessary to ensure his/her independence within his/her scope of competence in the community (i.e., budget management, planning and preparing meals, housecleaning, personal grooming and hygiene).
(f) To provide for and ensure each client's right to privacy, in accordance with the Bill of Rights of Persons with Developmental Disabilities, Section 393.13, F.S.
(g) To protect each client's rights and freedoms and maintain the confidentiality of personal information concerning the client, in accordance with the Bill of Rights of Persons with Developmental Disabilities, Section 393.13, F.S.
(h) To make the facility accessible to members of the Local Advocacy Council.
(i) To participate in the annual reassessment of each client as requested by area office staff and cooperate with the Agency in implementing the habilitation plan.
(j) To participate in training sessions as made available by the Agency.
(7) Facility and Site Requirements. The foster care facility shall be located, equipped and designed to assure safe care and supervision for all clients admitted, and to enable them to utilize the surrounding community resources necessary to meet their needs. Mobile homes, as defined by Section 320.01, F.S., shall not be utilized for foster care facilities.
(8) Federal, State, County and City Requirements.
(a) Each foster care facility is responsible for complying with all applicable laws, rules, regulations or ordinances of each governmental unit in which the facility is located, including but not limited to those relating to building, fire, sanitation, health, safety, zoning, civil rights and employment.
(b) A foster care facility shall conform to the following fire safety standards:
1. The use of unvented gas and oil heaters is prohibited.
2. The use of electric portable heaters shall be in accordance with the facility's wiring capacity.
3. The facility shall be equipped with smoke detection and alarm devices.
4. All gas-fired devices shall be equipped with an automatic pilot gas shut-off control.
5. Extension cords shall not extend from one room to another. Multiple electric outlet adapters shall not be used for more than two extensions at one time.
6. All electrical wiring shall be fully insulated.
7. Attic space shall not be used for the storage of volatile materials.
8. Volatile materials shall not be stored where water heaters are located.
9. Volatile materials shall be isolated from the client's living area. Such items shall be stored in approved metal containers.
10. All doors with locks must be readily opened from the inside.
11. At least a two and one half (2 1/2) pound, type ABC portable fire extinguisher shall be maintained in the kitchen area of the facility. It shall be serviced annually and so tagged.
12. No exit, stairway, corridor, ramp, fire escape, or other means of exit shall be used for storage purposes or otherwise be obstructed from use in case of emergency.
13. All equipment such as heating and cooling units, washers, dryers, refrigeration systems, stoves, hoods, etc., shall be properly installed, vented and maintained in good repair.
14. All doors and windows designed to open shall be operable.
15. There shall be a written evacuation plan for the removal of residents from the building in the event of fire. Such plan shall take into consideration the mental and physical handicaps of the clients.
(c) The local authorized fire inspector shall be requested to inspect the facility for compliance with local codes and ordinances including but not limited to these standards.
1. The inspection may be made by the person designated by the Agency who has training in fire safety standards for community residential facilities for clients, when the local authorized fire authority indicates in writing that he/she is unwilling or unable to honor the request for inspection.
2. Any approval given when an inspection is completed by this designated person shall include the person's name and a verification of his/her authority.
3. Exception: Only the local fire authorities shall give approval for multi-storied frame dwellings.
(d) The foster care facility shall meet the required fire safety standards prior to issuance of a license and must be in complete compliance for annual renewal.
(e) The foster care facility shall be inspected by the county health department prior to issuance of a license and must be in complete compliance for annual renewal.
(9) Foster Care Facility Dwelling.
(a) Living and Dining.
1. A minimum of 35 square feet of combined living and dining area shall be provided per resident of the facility.
2. The living area shall be provided with an adequate number of appropriate furnishings for the usual functions of daily living. These furnishings shall be sturdily constructed and of satisfactory design to meet the daily needs of residents of the facility.
3. The dining area furnishings shall be adequate in number, well constructed and of satisfactory design to meet the daily needs of residents of the facility.
(b) Kitchen.
1. The kitchen shall be large enough to accommodate the equipment and personnel needed to prepare and properly serve the required number of meals.
2. The kitchen shall have equipment, utensils, and supplies to properly store, prepare and serve the required number of meals. Chipped, cracked and otherwise unsafe utensils shall not be used.
(c) Bedrooms.
1. Bedrooms shall be arranged so that privacy is assured for clients. Sole access to these rooms shall not be through a kitchen, bathroom or other bedrooms. A maximum of four residents shall share a bedroom used by clients.
2. Single bedrooms for clients shall provide at least 80 square feet of usable floor space. Multi-occupancy bedrooms used by clients shall provide at least 60 square feet per person of usable floor space.
3. Bedroom arrangements shall be compatible with the physical needs of the clients. Beds for clients shall be located so as to avoid draft from windows and excessive heat from heat sources.
4. Usable floor areas shall include only those areas with vertical wall heights of five feet or more.
5. An enclosed closet space adequate for the belongings of each resident shall be provided.
6. Bedroom doors shall not have vision panels.
7. Each client shall have an individual bed. Each client's bed shall have a clean, firm, comfortable mattress. Beds shall be of suitable dimensions to accommodate clients who are using them. Bunk beds shall not be used unless appropriate to the age and functioning level of the clients.
8. Bedding and linens shall be provided for each client. These include a suitable pillow, pillow case, sheets, blanket, and spread. Bedding shall be appropriate to the season. Bed linens shall be replaced with clean linens at least once each week, or more frequently as required.
9. Bedroom furnishings for clients shall include adequate shelf space, individual chest or dresser space, mirror, draperies or shades.
10. The client shall be allowed to decorate his/her private quarters in an individual style which will respect the care of the property.
(d) Bathroom.
1. Sole access to the bathroom shall not be through a kitchen or another individual's bedroom.
2. A toilet and lavatory facility shall be provided for every six residents.
3. A minimum of one tub or shower facility shall be provided for every eight residents.
4. Bathrooms shall be well ventilated by natural or mechanical methods.
5. Toilets, tubs and showers used by clients shall provide for individual privacy.
6. Each client shall be provided a separate and appropriate place for his own toothbrush and towel.
7. Toilet and bathing area fixtures shall approximate normal patterns found in residential construction, except where special requirements are applicable for physically handicapped clients or for special program needs.
(e) Laundry.
1. Laundry services and/or appliances for laundry shall be available within the facility or accessible to clients commercially.
2. Laundry services must be provided for those clients without ability to obtain these services for themselves.
(f) Storage. Storage space shall be available to accommodate clients' luggage and personal belongings.
(g) Outdoor. The grounds surrounding the facility shall be sufficient to allow social, recreational and physical activities.
(h) Housekeeping. The foster care facility shall be maintained in a clean, safe and orderly condition.
(i) Heating and Cooling. Temperature and humidity shall be maintained within a normal comfort range for the climate. The heating apparatus employed shall not constitute a burn hazard to the clients.
(j) Lighting. All areas of the foster care facility shall be lighted in accordance with the usage of the area.
(k) Maintenance.
1. The interior and exterior of the foster care facility shall be maintained in clean, safe, presentable and repaired condition.
2. The grounds and all buildings on the grounds shall be maintained in a safe, sanitary and presentable condition.
3. All outdoor garbage and other waste materials shall be kept in covered containers until removed. Containers shall be emptied as often as necessary to prevent public nuisance, health hazards and unsightliness, at least in accordance with all applicable and state and local ordinances. The foster care facility shall be kept free of unnecessary and unusable accumulations of possessions that constitute health and/or fire hazard.
(l) Insect and Rodent Control. The foster care facility shall be maintained free of infestations of insects and rodents.
(10) Food Services.
(a) Quality and Variety. Food and beverages shall be of adequate quantity and variety, served at appropriate temperatures, prepared by methods which conserve nutritional value, and served in a form easy for clients to manage.
1. Within reason, dietary practices in keeping with the religious requirements of the client's faith group shall be observed at the request of the client or guardian.
(b) Frequency of Meals. For clients not routinely absent from the facility for work or other purposes, at least three meals shall be prepared at regular times during each 24 hour period. If a client is absent from a facility for work or approved programs during a regular meal time, he/she must be provided with a take-out meal, if other provisions are not made by the client or the facility.
(c) Dining and Serving Arrangements.
1. Dining and serving arrangements shall provide for a variety of eating experiences and the opportunity for clients to make food selections with guidance.
2. Except when prevented by health reasons or by physical limitations specific to the eating process, all clients, including the multiply handicapped and non-ambulatory, shall be given the opportunity to eat with the foster caretaker and other members of the household.
(11) Client Life in a Foster Care Facility.
(a) The treatment of clients shall be individualized, appropriate to differences in personal goals, abilities, age and circumstances.
(b) Each client shall receive adequate and appropriate attention each day from foster caretakers regardless of the client's chronological age, degree of retardation, or accompanying handicaps.
(c) Clients shall be allowed to express their ideas and concerns.
(d) Clients shall be allowed free use of all space within the facility, with due regard for privacy and personal possessions of other residents and foster caretakers.
(e) Clients shall be encouraged to interact and assist each other.
(f) Clients shall have the right of communication with parent/guardians, social workers, friends and other interested persons.
(12) Training for Clients.
(a) A foster caretaker shall reinforce the implementation of the client's habilitation plan.
(b) A foster caretaker shall be supportive of the client in exercising maximum independence in the following areas:
1. Self-care skills.
2. Daily living skills.
3. Social skills.
4. Communication skills.
5. Recreational opportunities and the use of leisure time.
6. Motor skills.
7. Basic knowledge.
8. Community resource utilization.
9. Work habits.
(13) Safety.
(a) All poisonous and toxic compounds and potentially hazardous instruments shall be used with extreme caution. Compounds harmless for human consumption shall be used whenever possible. Poisonous and toxic compounds shall not be stored in an area which may constitute a hazard to the client. Such items shall be safeguarded and not commingled with food items in storage areas or elsewhere.
(b) Where appropriate, the foster care facility shall provide adequate fencing around swimming pools, against busy streets, and surrounding other hazardous areas.
(c) Foster caretaker shall complete a basic first aid course, including instruction in the Heimlich maneuver and cardio-pulmonary resuscitation, as arranged for by the area office.
(14) Transportation.
(a) The foster care facility shall provide or arrange for incidental transportation for clients within the community as would usually be available to an individual in his/her own home.
(b) Clients should be encouraged to utilize public transportation in areas where it is available and appropriate to the clients' ability.
(15) Medications.
(a) No client shall be given prescriptive medication or treatment except upon the written order of the physician for the individual.
(b) All prescription medication shall be kept in its original container bearing the original dated label with legible information stating the prescription number, direction for use, client's name, physician's name, and address of the issuing pharmacy.
(c) Medication shall be kept in a locked enclosure.
(d) A client, whom the physician has deemed capable of handling his/her own medications, should be encouraged to do so. Staff shall assist the client by making the medication available and reminding the client to take medication at appropriate times.
(16) Discipline and Abuse. Each client shall receive humane discipline.
(a) Foster caretakers shall be instructed by Agency staff in Developmental Disabilities Abuse Act reporting procedures and shall report suspicion or evidence of abuse in accordance with Section 39.201 or 415.1034, F.S.
(b) Foster caretakers shall be knowledgeable of provisions of the Bill of Rights of Persons with Developmental Disabilities, Section 393.13, F.S.
(17) Religious Observance. The religious preferences of the client, or in the case of a minor, the guardian, shall be respected. Included is the right not to participate in any religious activity. The foster caretakers shall make arrangements for reasonable participation, if requested by the client.
(18) Rights of Parents and Guardians. The admission of a client to a foster care facility shall not be construed by parents, legal guardians, or foster caretakers as a termination or restriction of the rights and responsibilities of such parents and guardians.
(19) Community Relationships. The foster caretakers shall encourage understanding and support by, and integration with, the community, such as by working with community organizations able to contribute to the habilitation and welfare of the client.
(20) Intake and Placement Procedures.
(a) Intake: The foster caretakers must require in the referral material for each admission current medical, psychological, educational and social data pertinent to the placement of the client. Referred clients and their families shall be given an opportunity to visit the foster care facility prior to placement.
(b) Placement.
1. Prior to any request for transfer, except of an emergency nature, of a client from the foster care facility, the transfer and reasons for transfer shall be discussed with the client, social worker and other interested persons by the foster caretaker.
2. A foster care facility serving clients shall not provide residential services to any private client whose physical or mental health condition might adversely affect the welfare and development of Agency clients accepted by the facility. The foster care facility shall have prior approval of area office staff of its intent to accept other than Agency clients.
(21) Accountability for Foster Care Facilities. The licensee is aware that the foster caretaker is an independent contractor delivering services to the Agency under the provisions of a bilateral executory contract. The safe custody of clients under the contractor's control is the responsibility of the independent contractor and the Agency shall assume no liability for actions brought against the contractor, including but not limited to the following:
(a) Tort action for damage to property or person.
(b) Payment of payroll-related costs such as workers' compensation, withholding taxes, fair employment practices and unemployment.
(22) Responsibility for the Client.
(a) Whenever the whereabouts of a client is unknown and the client is determined to be missing, the designee of the Area Administrator who is assigned to be the contact person according to established procedures shall be notified immediately.
(b) If this person cannot be reached immediately, and there exists a true emergency, then this fact shall be reported to the law enforcement agency having jurisdiction in the community.
(23) Emergencies.
(a) There shall be a written plan on file at the facility and the area office which specifies action and procedures for meeting emergency situations such as fire and natural disasters. The plan shall be developed with the assistance of appropriate resource persons.
(b) The foster caretaker shall be knowledgeable in procedures for handling emergencies.
(c) Serious illness, accident, injury, death, assault, and missing clients should be handled as an emergency. The foster caretaker shall meet the immediate need of the client and then report the incident by telephone to the area office as instructed by the social worker serving the facility. In case of suspected abuse, the incident shall also be reported to the Central Abuse Hotline.
(d) There shall be at least one telephone which is accessible to foster caretakers and clients at any time for emergency use.
(e) The following telephone numbers shall be readily accessible at each telephone extension in the facility:
1. Police.
2. Fire Department.
3. Clients' doctors.
4. Rescue Squad/Ambulance.
5. Social Worker, Office.
6. Agency Area Office.
7. Emergency on-call number, as assigned by the area office.
8. Relief staff.
9. Central Abuse Hotline.
10. Local Advocacy Council and/or the Council Chairperson.
11. Area Administrator.
12. Other relevant persons.
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