reglab/statecodes huggingface dataset:
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-25 - SEXUALLY VIOLENT PREDATOR PROGRAM › Section 65E-25.002 - Education and Training Requirements for Multidisciplinary Team Members

Current through Reg. 50, No. 138; July 16, 2024
Multidisciplinary team members must be licensed psychologists
				  or psychiatrists with a minimum of one year's experience in the assessment or
				  treatment of sex offenders. The Department may accept other relevant experience
				  in lieu of the one year of sex offender assessment or treatment experience. In
				  determining whether to accept other experience in lieu of one year of sex
				  offender assessment and treatment, the Department will consider the forensic
				  experience and training the potential team member has in the assessment or
				  treatment of individuals who offend sexually. Multidisciplinary team members
				  must earn a minimum of 24 hours of continuing education credit biannually in
				  the assessment or treatment of sex offenders.
Rulemaking Authority
					 394.930 FS. Law Implemented
					 394.913,
					 394.930
					 FS.
New 10-7-01, Amended
					 4-19-21.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-25 - SEXUALLY VIOLENT PREDATOR PROGRAM › Section 65E-25.003 - Criteria for Recommendation that Involuntary Civil Commitment Petition be Filed

Current through Reg. 50, No. 138; July 16, 2024
(1) In order for
				the multidisciplinary team to conclude a person meets criteria for civil
				commitment, the person's history must include specific clinically-relevant
				information which suggests the person:
(a) Has
				a propensity to engage in acts of sexual violence defined as sexually violent
				offenses in Section  394.912, F.S.;
(b) Is likely to commit future sexually
				violent offenses if not confined in a secure residential facility;
				and
(c) Is likely to commit future
				sexually violent offenses if returned to the community without having received
				long-term treatment and care.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-25 - SEXUALLY VIOLENT PREDATOR PROGRAM › Section 65E-25.004 - Designation of Secure Facilities

Current through Reg. 50, No. 138; July 16, 2024
The secure facilities to be utilized by the department for
				  the control, care and treatment of persons detained or committed under Sections
				  394.910-.931, F.S., are the Florida Civil Commitment Center at 13619 S.E. Hwy.
				  70, Arcadia, FL 34266, and the South Bay Sexually Violent Predator Detainee
				  Unit at 600 US Hwy. 27 South, South Bay, FL 33493.
Rulemaking Authority
					 394.930 FS. Law Implemented
					 394.914,
					 394.9151,
					 394.917
					 FS.
New 10-7-01.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-25 - SEXUALLY VIOLENT PREDATOR PROGRAM › Section 65E-25.005 - Basic Treatment Plan Components

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The treatment program for persons involuntarily committed to the Department
				shall be a cognitive-behavioral therapy and relapse prevention program tailored
				to meet the needs of each committed person. Each committed person must receive
				a comprehensive assessment that will permit the development of an
				individualized treatment plan.
(2)
				The treatment program shall consist of a series of hierarchically advancing
				stages of treatment and rehabilitation. The program must afford group and,
				where indicated, individual counseling directed toward sex offender-specific
				issues, as well as substance abuse and general psychological issues. In
				addition to structured counseling activities, the program must offer vocational
				therapy and therapeutic recreational activities.
(3) The treatment program may utilize
				phallometric and polygraphic assessment to assist in measuring treatment
				progress.
(4) Where medically and
				therapeutically appropriate, the treatment program may offer, on a voluntary
				basis, pharmacological treatment designed to reduce deviant sexual
				impulses.
(5) At least annually,
				each committed person shall have his treatment plan and progress reviewed by
				the primary treating clinician and the clinical director or his or her licensed
				psychologist/psychiatrist designee. A status report shall be prepared and
				included in the clinical file, with notation of any adjustments made in the
				person's treatment plan as a result of the review.
Rulemaking Authority
					 394.930 FS. Law Implemented
					 394.930
					 FS.
New 10-7-01, Amended
					 4-19-21.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-25 - SEXUALLY VIOLENT PREDATOR PROGRAM › Section 65E-25.006 - Notification of Examination

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to
				conducting a personal interview of a potential sexually violent predator, the
				person to be interviewed must be informed of the following:
(a) That the person is the subject of a
				clinical evaluation which, together with review of pertinent records, will
				enable the State to formulate an opinion as to whether the person meets
				statutory criteria as a sexually violent predator;
(b) That the person may decline to be
				interviewed and, that if declined, the clinical evaluation will consist of a
				record review only; and
(c) That
				the evaluation will result in a written report that will be considered by the
				State in reaching a determination as to whether to recommend to the state
				attorney that an involuntary commitment petition be filed.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-26 - SUBSTANCE ABUSE AND MENTAL HEALTH PRIORITY POPULATIONS AND SERVICES › Section 65E-26.001 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
This chapter establishes standards for identifying
				  individuals who are eligible for publicly funded substance abuse and mental
				  health services and for enrolling these individuals into the department's
				  priority populations as referenced in Section
				   394.674, F.S.
Rulemaking Authority
					 394.674(4) FS.
					 Law Implemented 394.674
					 FS.
New 3-8-12.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-26 - SUBSTANCE ABUSE AND MENTAL HEALTH PRIORITY POPULATIONS AND SERVICES › Section 65E-26.002 - Enrollment and Eligibility Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) To be eligible for substance abuse and
				mental health services funded by the Department of Children and Families (DCF),
				an individual must be enrolled in one of the department's priority populations
				as referenced in Section
				 394.674, F.S.
(2) To meet this enrollment requirement, the
				provider must submit enrollment data and service event data in the department's
				database system as follows:
(a) Every service
				event funded by the department must have a corresponding enrollment record
				showing the priority population of the person served.
(b) Service event records funded by the
				department that do not have corresponding enrollment records will not be
				accepted in the department's database system.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65F - Refugee Services › Chapter 65F-1 - UNACCOMPANIED REFUGEE MINORS › Section 65F-1.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Child welfare services, " as used in
				this rule, means foster care and all related services and benefits available to
				children in Florida's foster care and to young adults who remain qualified for
				independent living transition services.
(2) "Unaccompanied refugee minor" means an
				unaccompanied minor, as defined in  45 C.F.R. §
										400.111, who has met the
				federal eligibility standards for placement into the Unaccompanied Refugee
				Minor Program (URMP). Only unaccompanied refugee minors are eligible for child
				welfare services through the URMP.
(3) "Unaccompanied Refugee Minor Program"
				(URMP) means the federally funded and state administered program under 45
				C.F.R. Parts 400 and 401 and Section
				 402.86, F.S., established to
				secure custody over an unaccompanied refugee minor and to provide the same
				range of child welfare services available to other children and young adults in
				Florida.
Rulemaking Authority
					 402.86(2) FS.
					 Law Implemented 402.86(1)
					 FS.
New 9-24-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65F - Refugee Services › Chapter 65F-1 - UNACCOMPANIED REFUGEE MINORS › Section 65F-1.002 - Child Welfare Services Qualifications

Current through Reg. 50, No. 138; July 16, 2024
Unaccompanied refugee minors are eligible, within the meaning
				  of  45 C.F.R. §
										400.116(a), for the same range of child welfare services and
				  according to the same standards as are provided to other children and young
				  adults in Florida's foster care. Allowable child welfare services may include
				  foster care maintenance payments, medical assistance, support services,
				  services identified in the State's plans under titles IV-B and IV-E of the
				  Social Security Act; services permissible under title XX of the Social Security
				  Act; and expenditures incurred in establishing legal responsibility. Time an
				  unaccompanied refugee minor spends in custody of the U.S. Department of Health
				  and Human Services' Office of Refugee Resettlement shall be considered time
				  spent in foster care for purposes of receiving child welfare services
				  including, but not limited to, services and benefits described in Section
				   409.1451, F.S.
Rulemaking Authority
					 402.86(2) FS.
					 Law Implemented 402.86(1)
					 FS.
New 9-24-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-1 - WAIVER ENROLLMENT FOR CHILDREN IN THE CHILD WELFARE SYSTEM › Section 65G-1.010 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
In this chapter, terms and phrases shall have the meanings
				  defined in Chapter 393, F.S., or this section.
(1) "Area Office" is the local office
				responsible for managing one of the Agency's 14 service areas.
(2) "Central Office" is the Agency's
				headquarters located at 4030 Esplanade Way, Suite 380, Tallahassee, FL
				32399-0950; main phone number (850)488-4257.
(3) "Crisis enrollment" is expedited
				enrollment on an Agency-operated Medicaid waiver regardless of an applicant's
				date of application for the waiver or placement on the Agency's preenrollment
				categories.
(4) "Handbook" is the
Florida Medicaid Developmental Disabilities Waiver Services Coverage
				and Limitations Handbook, October 2003
, incorporated by reference in
				Agency for Health Care Administration (AHCA) subsection
				 59G-13.080(12),
				F.A.C. The Handbook is available at:
				http://florida.medicaid.acs-inc.com/index.jsp.
(5) "Protective Services" means the program
				in the Department of Children and Family Services that responds to reports made
				to the department's central abuse hotline alleging abuse, abandonment, neglect,
				or exploitation, pursuant to Chapter 39 or 415, F.S.
(6) "Preenrollment Category" is the list
				maintained by the Central Office of persons requesting and waiting for waiver
				services.
(7) "Waiver" is a Home
				and Community-Based Services (HCBS) waiver authorized by
				42 U.S.C.
				1396n(c) of the federal
				Social Security Act and Section
				 409.906, F.S., that provides a
				package of Medicaid-funded home and community-based supports and services to
				eligible persons with developmental disabilities who live at home or in a
				home-like setting. The Agency currently operates two HCBS waivers:
(a) The Developmental Disabilities Home and
				Community-Based Services (DD) waiver that provides home and community-based
				supports and services without a dollar cap to eligible persons with
				developmental disabilities who are able to live at home or in a home-like
				setting; and,
(b) The Family and
				Supported Living (FSL) waiver that provides limited home and community-based
				supports and services with an annual dollar cap to eligible persons with
				developmental disabilities who are able to live in their own home or family
				home.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-1 - WAIVER ENROLLMENT FOR CHILDREN IN THE CHILD WELFARE SYSTEM › Section 65G-1.046 - Crisis Determination Procedure (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 393.501(1),
					 393.065 FS. Law Implemented
					 393.065.
New 9-19-07, Transferred to
					  65G-11.004.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-1 - WAIVER ENROLLMENT FOR CHILDREN IN THE CHILD WELFARE SYSTEM › Section 65G-1.047 - Crisis Status Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1) Individuals
				determined to be in crisis will be prioritized for available waiver placements
				in order of the severity of crisis, with the severity determined by risk to the
				health, safety, and welfare of each applicant relative to that of the other
				applicants, as indicated by the applicable criteria for each crisis category
				met by the applicant.
(2) If
				several crises status applicants fall within the same crisis category, they
				will be prioritized within that category by consideration of the intensity of
				services needed.
"Intensity of services needed" prioritizes the following
				  service needs in intensity from greatest to least:
(a) Residential placement with need of
				residential habilitation, nursing, or behavioral services, including supported
				living with required supports;
(b)
				Residential placement without need of residential habilitation, nursing, or
				behavioral services, including supported living with some supports;
(c) Behavioral intervention
				services;
(d) Other therapies to
				avoid or reduce disability;
(e)
				Meaningful day activity needs;
(f)
				Durable medical equipment needs;
(g) Environmental accessibility
				adaptations;
(h) Consumable medical
				supplies.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of this chapter, the term:
(1) "Agency" means the Agency for Persons
				with Disabilities.
(2) "Applicant"
				means a person or entity that has submitted a written application to the Agency
				for the purposes of obtaining an initial residential facility license or
				renewing an existing residential facility license.
(3) "Authorized representative" means any
				person lawfully authorized to make a decision on behalf of a
				resident.
(4) "Behavior Analyst"
				means a person certified under Chapter 65G-4, F.A.C.
(5) "Benefit payments" has the same meaning
				as set forth in section
				 402.33, Florida Statutes
				(F.S.).
(6) "Change of ownership"
				means an event in which the licensee changes to a different legal entity or in
				which 45 percent or more of the ownership, voting shares, or controlling
				interest in a corporation whose shares are not publicly traded on a recognized
				stock exchange is transferred or assigned, including the final transfer or
				assignment of multiple transfers or assignments over a 2-year period that
				cumulatively total 45 percent or greater. A change solely in the management
				company or board of directors is not a change of ownership.
(7) "Client" is as defined in Section
				 393.063, F.S.
(8) "Community-Based Service Location" means
				for purposes of the incident reporting requirements under Section
				 393.067, F.S., any location
				within the community where the resident or client may be located while the
				individual is under the supervision of a covered person.
(9) "Controlling entity" means:
(a) The applicant or licensee;
(b) A person or entity that serves as an
				officer of, is on the board of directors of, or has a 5-percent or greater
				ownership interest in the applicant or licensee; or
(c) A person or entity that serves as an
				officer of, is on the board of directors of, or has a 5-percent or greater
				ownership interest in the management company or other entity, related or
				unrelated, with which the applicant or licensee contracts to manage the
				facility.
(d) This term does not
				include a voluntary board member.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.003 - Length of Licenses

Current through Reg. 50, No. 138; July 16, 2024
The Agency shall determine the length of a facility's license
				  based on the following:
(1) A one year
				license shall be issued to facilities which meet all applicable licensing
				criteria.
(2) Facilities with no
				current residents but which meet all applicable licensing standards shall be
				granted a one year license. However, such facilities shall have an on-site
				licensure review by the Regional Office within 30 days following the admission
				of their first resident to ensure that they are in compliance with the
				requirements of Chapter 393, F.S., and with the requirements of this rule
				chapter which could not be previously monitored.
(3) A one month license shall be issued to
				facilities that are awaiting administrative actions by the Agency or another
				state agency in order to complete requirements for Agency licensing. This shall
				include facilities that are pursuing administrative or judicial appeals of
				Agency action and facilities which are pending a fire inspection. Subsequent
				and consecutive one month licenses shall be issued if the matter has not been
				resolved within the initial one month licensure period.
(4) A three month license shall be issued to
				an existing facility which does not have any ongoing Class I violations, but
				fails to meet all requirements necessary for license renewal, for which no
				waiver has been approved by the Agency. A three month license shall be
				accompanied by an approved plan of correction. Failure to complete the actions
				specified in the plan of correction within the time limit specified in the plan
				shall result in the denial of the facility's application for license renewal.
(a) If the deficiencies have been corrected
				at the expiration of the three month license, and there are no other
				outstanding deficiencies, a one year license shall be issued.
(b) If the previously-identified deficiencies
				have been corrected but new deficiencies are identified, a second three month
				license may be issued.
(c) A third
				consecutive three month license shall only be granted at the approval Agency's
				Director or the Director's designee and shall only be granted if the licensee
				has made substantial progress to correct the facility's remaining deficiencies.
				If the facility is not in full compliance with all licensing standards prior to
				the expiration of their third consecutive three month license, the facility's
				application for license renewal shall be denied.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.0031 - Other Licenses (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 393.067 FS. Law Implemented
					 393.067
					 FS.
New 8-13-78, Amended 4-17-80, Formerly 10F-6.07, 10F-6.007,
					  65B-6.007, Repealed
					 1-19-16.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.0032 - Agency Monitoring and Oversight

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The Agency shall conduct a survey of each facility prior to the issuance of an
				initial license or the renewal of an existing license. In addition, the Agency
				shall conduct ongoing surveys of each facility, either unannounced or
				announced, in order to ensure the facility is in full compliance with the
				applicable requirements of Chapter 393, F.S., and the administrative rules
				adopted pursuant to Chapter 393, F.S. For ongoing surveys, Agency staff shall
				utilize the Facility Inspection Form APD 2014-02, (effective April 1, 2014)
https://www.flrules.org/gateway/reference.asp?NO=Ref-04210
,
				which is incorporated herein by reference. A copy of this form may be obtained
				from the Regional Office. The Agency may temporarily suspend surveys for a
				specific time or location if the Agency determines that:
(a) A recent, impending, or ongoing disaster
				or emergency situation has made the surveys unsafe or impossible;
(b) The facilities identified have no current
				residents, and may be surveyed on a less frequent basis, or
(c) Surveys should be suspended within a
				designated area or timeframe to promote the health, safety, or welfare of the
				public.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.004 - License Violations

Current through Reg. 50, No. 138; July 16, 2024
(1) Notice of
				noncompliance. The Agency shall issue a notice of noncompliance as provided
				under Section  120.695, F.S., in response to
				the first occurrence of a Class II or III violation that is not corrected prior
				to the completion of the survey which revealed the aforementioned violation.
				Within 15 days following receipt of a Notice of Noncompliance, the licensee
				must submit a written corrective action plan, to the regional office. Failure
				to submit a corrective action plan within the required timeframe or repeat
				occurrences of Class II or III violations shall result in the imposition of
				disciplinary action as described in paragraph
				 65G-2.0041(4)(b) or
				(c), F.A.C. For the purposes of this
				subsection, a first occurrence of a Class II or III violation refers to those
				violations which have not been previously observed and cited by Agency staff
				within the past 12 months.
(2)
				Corrective action plans. The licensee must develop and submit to the Agency a
				corrective action plan within 15 days following the receipt of a Notice of
				Noncompliance. The corrective action plan shall specify the actions the
				facility will take to correct each of the violations identified and to comply
				with the applicable licensing requirements, the name of the staff person(s)
				responsible for completing each action, and a timeframe for accomplishing each
				action. All action taken to correct a violation shall be documented in writing
				by the licensee. Failure to comply with the corrective action plan shall result
				in the imposition of disciplinary action as described in paragraph
				 65G-2.0041(4)(b) or
				(c), F.A.C. The Agency shall reject any
				corrective action plan that fails to identify all of the information described
				above. If the Agency rejects a corrective action plan, the Agency shall notify
				the licensee in writing of the reasons for rejection and shall state that the
				licensee has 10 days from receipt of the notification to submit an amended
				corrective action plan.
(3)
				Moratoriums. A moratorium on the admission of new clients into a facility may
				be imposed pursuant to the criteria stated in Section
				 393.0673(6),
				F.S.
(4) Relinquishment and license
				expiration. The expiration or relinquishment of a license that is pending
				administrative sanctions does not render the administrative sanctions moot. The
				Agency may continue to seek administrative sanctions against a licensee for
				violations that occurred during a licensee's management or oversight of a
				facility even if the licensee ceases to own or lease the facility, operate the
				facility, or provide services in the facility after the violations have
				occurred.
Rulemaking Authority
					 393.501(1),
					 393.067,
					 393.0673 FS. Law Implemented
					 393.067,
					 393.0673
					 FS.
New 7-1-14.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.0041 - License Violations - Disciplinary Actions

Current through Reg. 50, No. 138; July 16, 2024
(1) Determination of disciplinary action
				involving abuse, neglect, or exploitation. In determining whether to pursue
				disciplinary action in response to verified findings by the Department of
				Children and Families of abuse, neglect, or exploitation involving the licensee
				or direct service providers rendering services on behalf of the licensee, the
				Agency will consider the licensee's corrective action plan and other actions
				taken to safeguard the health, safety, and welfare of residents upon discovery
				of the violation. Considerations shall include the following:
(a) Whether the licensee properly trained and
				screened, in compliance with Section
				 393.0655, F.S., the staff
				member(s) responsible for the violation;
(b) Whether, upon discovery, the licensee
				immediately reported any allegations or suspicions of abuse, neglect, or
				exploitation to both the Florida Abuse Hotline as well as the Agency;
(c) Whether the licensee fully cooperated
				with all investigations of the violation;
(d) Whether the licensee took immediate and
				appropriate actions necessary to safeguard the health, safety and welfare of
				residents during and after any investigations.
(e) Whether the occurrence is a repeat
				violation and the nature of such violation.
(f) The specific facts and circumstances
				before, during, and after the violation.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.005 - License Denial, Suspension or Revocation

Current through Reg. 50, No. 138; July 16, 2024
(1) A license to operate a residential
				facility is not assignable and is valid only for the entity, premises, and
				purposes specified in the license.
(2) A change of licensee or a move of the
				facility to another location shall result in the revocation of the
				license.
Rulemaking Authority
					 393.501(1),
					 393.067,
					 393.0673 FS. Law Implemented
					 393.067,
					 393.673
					 FS.
New 8-13-78, Formerly 10F-6.03, 10F-6.003,
					  65B-6.003, Amended
					 7-1-14.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.007 - General Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Facility name
				and identification.
(a) No residential
				facility may be referred to or use names such as "nursing facility" or "rest
				facility" unless it is a nursing facility licensed under Chapter 400,
				F.S.
(b) No residential facility
				may use the word "school" in its name unless there is a state or county
				certified educational program operated within the facility.
(c) No residential facility may erect any
				exterior sign which would label the residents or functions of the facility by
				indicating that the facility serves persons with developmental
				disabilities.
(d) A violation of
				this subsection shall constitute a Class III violation.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.009 - Resident Care and Supervision Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) MINIMUM STANDARDS. Residential facility
				services shall ensure the health and safety of the residents and shall also
				address the provision of appropriate physical care and supervision.
(a) Each facility shall:
1. Facilitate the implementation of client
				support plans, behavior plans, and any other directions from medical or health
				care professionals as applicable,
2. Contact the client's support coordinator,
				as necessary, to ensure the timely provision of needed medical and dental care;
				and,
3. Participate in staff
				training and meetings as required by the Agency.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.010 - Fire and Emergency Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				EMERGENCY STANDARDS.
(a) Direct service
				providers shall be knowledgeable in facility procedures for handling
				emergencies.
(b) There shall be at
				least one telephone which is accessible to direct service providers and
				residents for emergency use at all times. The facility must have the following
				telephone numbers readily accessible at each telephone extension in the
				facility:
1. Local law enforcement;
2. Fire Department;
3. Residents' doctors;
4. Ambulance;
5. Support Coordinator for each
				client;
6. Regional
				Office;
7. Emergency Agency on-call
				number, as assigned by the Regional Office;
8. Florida Abuse Hotline; and,
9. Poison Control
				Hotline.
(c) A violation
				of this subsection shall constitute a Class III violation.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.011 - Foster Care Facility Standards

Current through Reg. 50, No. 138; July 16, 2024
(1)
				ADMINISTRATION
.
Each foster care facility shall designate a
				person as responsible for the on-going operation of the foster care facility
				and for ensuring compliance with Chapter 65G-2, F.A.C., and Section
				 393.067, F.S. A violation of
				this subsection shall constitute a Class II violation.
(2) FINANCIAL STANDARDS.
(a) Fiscal records pertaining to the cost of
				providing care to Agency clients shall be maintained in accordance with
				generally accepted accounting principles.
(b) The Agency may audit the records of a
				foster care facility to ensure compliance with Chapter 65G-2, F.A.C., and
				Section  393.067, F.S., provided that
				financial audits shall be limited to the records of Agency clients.
(c) Upon request by the Agency, the foster
				care facility shall make available copies of any internal or external audit
				reports pertaining to funding received on behalf of Agency clients.
(d) The provider, the provider's employees,
				and any family members thereof are prohibited from:
1. Being the named beneficiary of a
				resident's life insurance policy unless related to the resident by blood or
				marriage,
2. Receiving any indirect
				financial benefit from a resident's life insurance policy unless related to the
				resident by blood or marriage, or
3. Borrowing or otherwise using a resident's
				personal funds for any purpose other than the resident's
				benefit.
(e) A violation
				of this subsection shall constitute a Class III violation.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.012 - Group Home Facility Standards

Current through Reg. 50, No. 138; July 16, 2024
(1)
				ADMINISTRATION.
(a) Each group home facility
				shall have a designated facility operator on-site or on call at all times. The
				facility operator is responsible for the on-going operation of the group home
				facility and for ensuring compliance with Chapter 65G-2, F.A.C., and Section
				 393.067, F.S. whenever the
				facility operator is on-site or on call and one or more residents are present
				in the facility.
(b) The facility
				operator shall be a person of responsible character and integrity, qualified by
				education, training, and experience to effectively manage the facility. The
				operator shall have successfully completed at least 90 credit hours of
				accredited college level coursework applicable to the functions of the
				facility, such as education, special education, social work, sociology, health,
				psychology or child development, or have at least a high school diploma and
				three years relevant experience in working with children, adolescents or adults
				with disabilities. The licensee shall designate a capable person who shall
				perform all the necessary duties of the operator during the temporary absence
				of the operator. Direct service providers hired by the licensee prior to the
				adoption date of this rule shall be exempt from this requirement.
(c) An area of the facility shall be
				designated as office space where files, desk, telephone and other
				administrative tools and equipment are located. Adequate provisions shall be
				made for ensuring the security of confidential files and other types of
				records, such as account books, inventories, audits, resident records, and
				resident funds. These records may be kept electronically. A violation of this
				paragraph shall constitute a Class III violation.
(d) With the exception of paragraph (c), a
				violation of this subsection shall constitute a Class II
				violation.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.013 - Residential Habilitation Center Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) ORGANIZATION AND ADMINISTRATION.
(a) A residential habilitation center need
				not be a fully self-contained program unit. Residential habilitation center
				activities may be coordinated with habilitative educational and recreational
				activities in which the residents engage outside of the facility.
(b) Each facility shall have a facility
				operator on-site designated as responsible for the on-going operation of the
				residential habilitation facility and for ensuring compliance with Chapter
				65G-2, F.A.C., and Section
				 393.067, F.S., at all times that
				one or more residents are present in the facility.
(c) The operator shall be a person of
				responsible character and integrity, qualified by education, training, and/or
				experience to effectively manage the facility. The operator should have
				successfully completed accredited college level course work applicable to the
				functions of the facility, such as education, special education, social work,
				sociology, health, psychology or child development, or have at least a high
				school diploma and three years relevant experience in working with children,
				adolescents or adults with developmental disabilities. The operator shall
				designate a capable person who, in his or her absence but under his or her
				supervision, will perform all the necessary duties of the position.
(d) An area of the facility shall be
				designated as office space where files, desk, telephone and other
				administrative tools and equipment are installed. Provisions shall be made for
				locking and protecting confidential files and other types of records, e.g.,
				account books, inventories, audits, resident records, and resident funds. A
				violation of this paragraph shall constitute a Class III violation.
(e) With the exception of paragraph (d), a
				violation of this subsection shall constitute a Class II
				violation.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.014 - Comprehensive Transitional Education Program Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) ORGANIZATION AND ADMINISTRATION. Each
				Comprehensive Transitional Education Program (CTEP) shall maintain a written
				policy and procedures manual which shall be available for Agency inspection and
				include:
(a) A description of the overall
				organizational structure of CTEP, including the responsibilities of the
				governing body, and the links between the different components;
(b) Personnel policies and procedures
				including the qualifications of staff and their specific functions and
				duties;
(c) Criteria and procedures
				for admissions and discharges;
(d)
				The use of behavioral interventions and procedures;
(e) Criteria and protocols related to the
				video monitoring of residents;
(f)
				Criteria and protocols for use of medication which may be employed for the
				purpose of behavioral change;
(g)
				Methods for resident risk prevention, including incident reporting and the
				mandatory reporting of abuse, neglect, and exploitation under Sections
				 39.201 and
				 415.1034, F.S.;
(h) The emergency management plan and
				evacuation procedures specified under Rule
				 65G-2.010, F.A.C.;
				and,
(i) A description of all
				reactive and restrictive procedures that may be utilized with CTEP
				residents.
(j) A violation of this
				subsection shall constitute a Class III violation.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.015 - Siting

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule applies to facilities licensed
				by the Agency pursuant to Section
				 393.067, F.S., and this rule
				chapter. It does not apply to those facilities licensed as foster care
				facilities which also utilize live-in caregivers.
(2) Definitions.
(a) "Dwelling unit" means a structure or part
				of a structure that is rented for use as a home, residence, or sleeping place
				by one person or by two or more persons who maintain a common
				household.
(b) "Facility" means a
				home licensed by the Agency as described within Section
				 393.067, F.S., and this
				chapter.
(c) "Foster care facility"
				means a residential facility licensed by the Agency as described within Chapter
				393, F.S., which provides a family living environment including supervision and
				care necessary to meet the physical, emotional and social needs of its
				residents. The capacity of such a facility shall not be more than three
				residents.
(d) "Live-in caregivers"
				means those individuals who are responsible for rendering paid services and
				supports within a residential facility to an individual with a developmental
				disability and whose primary residence is the same as that of the individual to
				whom they are rendering the aforementioned services and supports.
(e) "Lot" means a parcel or tract of land
				described by reference to recorded plats or by metes and bounds, or the least
				fractional part of subdivided lands having limited fixed boundaries or an
				assigned number, letter, or any other legal description by which it can be
				identified.
(f) "Parcel" means a
				platted or unplatted lot, tract, unit, or other subdivision of real property
				within a community.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.018 - Personal Needs Allowance

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				residential facility, that serves as the representative payee for a client,
				must set aside a personal needs allowance from the benefit payments or
				third-party benefits, or both, of the client, The facility is responsible for
				maintaining and administering the personal needs allowance, in accordance with
				the wishes of the client or the client's legal representative. The client's
				personal needs allowance is for the benefit of only that client.
(2) The personal needs allowance shall be at
				least eighteen (18) percent of the maximum federal benefit rate for Social
				Security Income payments to an individual.
(3) This Rule shall be reviewed, and if
				necessary, renewed through the rulemaking process five years from the effective
				date.
Rulemaking Authority
					  393.066,
					  393.0662,
					  393.067,
					 393.501,
					  402.33, FS. Law Implemented
					 393.066,
					 393.0662,
					 393.067,
					 402.33,
					 FS.
New 8-17-23.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-3 - TERMINATION, SUSPENSION OR REDUCTION OF CLIENT SERVICES BY SERVICE PROVIDERS › Section 65G-3.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Contract" means a formal written
				agreement between the provider and Agency and includes Medicaid Waiver Services
				Agreement.
(2) "Discrimination"
				means the unjust or prejudicial treatment of different categories of
				people.
(3) "Fading" is the planned
				reduction in a client's level of service over a specified period of time, which
				is determined by the client's identified progress and needs identified based on
				medical necessity. This planned reduction must be documented in the client's
				records which may include but is not limited to the client's plans of care,
				support plan, cost plan, provider documentation, or Agency
				determinations.
(4) "Individual
				Representative" is defined in subsection
				 65G-4.0213(13),
				F.A.C.
(5) "Provider" means any
				individual, program, or facility that receives payment for the care, treatment,
				training, residence or habilitation of persons with developmental disabilities.
				A provider does not include:
(a) A spouse,
				family member or guardian with whom a person with developmental disabilities
				resides;
(b) A provider covered
				under the provisions of part VIII of chapter 400, F.S.; or
(c) Individuals or entities providing
				services to clients through the Consumer Directed Care Plus program pursuant to
				sections  393.066, and
				 409.221, F.S., and the rules of
				the Agency.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-3 - TERMINATION, SUSPENSION OR REDUCTION OF CLIENT SERVICES BY SERVICE PROVIDERS › Section 65G-3.002 - Criteria for Admissions and Services (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 393.125(2) FS.
					 Law Implemented 393.125(2)
					 FS.
New 12-10-91, Formerly 10F-8.028, 65B-8.028, Repealed
					 5-13-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-3 - TERMINATION, SUSPENSION OR REDUCTION OF CLIENT SERVICES BY SERVICE PROVIDERS › Section 65G-3.003 - Rules for Reduction of Services by the Provider (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 393.125(2) FS.
					 Law Implemented 393.125(2)
					 FS.
New 12-10-91, Formerly 10F-8.029, 65B-8.029, Repealed
					 5-13-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-3 - TERMINATION, SUSPENSION OR REDUCTION OF CLIENT SERVICES BY SERVICE PROVIDERS › Section 65G-3.004 - Rules for Suspension of Services by the Provider (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 393.125(2) FS.
					 Law Implemented 393.125(2), 120 FS.
New 12-10-91, Amended 5-19-93, Formerly 10F-8.030,
					 65B-8.030, Repealed 5-13-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-3 - TERMINATION, SUSPENSION OR REDUCTION OF CLIENT SERVICES BY SERVICE PROVIDERS › Section 65G-3.005 - Rules for Termination, Reduction, or Suspension of Services by the Provider

Current through Reg. 50, No. 138; July 16, 2024
(1) TERMINATIONS AND
				REDUCTIONS
(a) If a provider determines that
				he or she must terminate or reduce services the provider gives to a client, the
				provider shall send written notice of intent to terminate or reduce services to
				the client and their individual representative by certified mail or electronic
				mail. The provider shall send the required notice to the Regional Office and
				Support Coordinator via electronic mail.
1.
				The provider may not terminate or reduce services until at least thirty
				calendar days after the receipt of the notification by the client, individual
				representative, Regional Office, and Support Coordinator.
2. If the client is not on the iBudget Waiver
				pursuant to section  393.0662, F.S., notification is
				only required to be given by the provider to the Regional Office, the client
				and the client's individual's representative.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-3 - TERMINATION, SUSPENSION OR REDUCTION OF CLIENT SERVICES BY SERVICE PROVIDERS › Section 65G-3.006 - Discrimination and Retaliatory Conduct

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Service providers are prohibited from:
(a)
				Taking any action that qualifies as illegal discrimination against any client
				receiving services in the receipt of those services.
(b) Prejudicing the future provision of
				appropriate services when the client or the client's individual representative
				attempts to advocate with the Agency, a government entity, or advocacy
				organization for desired services. Providing factual information regarding a
				client that is pertinent to ensure the safety, health, and welfare of the
				client and third parties shall not be considered "prejudicing the future
				provision of appropriate services."
(c) Taking any action that qualifies as
				retaliatory conduct againt a client or the client's individual representative
				if either has complained about the service provider to the Agency, a
				governmental entity or advocacy organization, or any other individual or
				entity.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-4 - SERVICE DELIVERY PRACTICE AND PROCEDURE › Section 65G-4.0011 - Recognized Certification Organizations for Behavior Analysts

Current through Reg. 50, No. 138; July 16, 2024
All providers of behavior analysis services must either be
				  licensed to practice in accordance with Chapter 490 or 491, F.S., or certified
				  under a nonprofit corporation meeting the qualifications under Section
				   393.17(2), F.S.
				  All providers of behavior analysis services must submit to the Agency for
				  Persons with Disabilities proof of their active licensure or certification in
				  order to provide behavior analysis services. Pursuant to Rule
				   65G-4.001, F.A.C., and as
				  required by Section  393.17(2),
				  F.S., the Agency recognizes the certification for behavior analysts awarded by
				  the following organizations: Behavior Analyst Certification Board,
				  Inc.
Rulemaking Authority
					 393.17(2) FS.
					 Law Implemented 393.17(2)
					 FS.
New 4-4-12.