Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65CER22 - EMERGENCY RULE FOR YEAR 2024 › Section 65CER22-1 - Standards for Unaccompanied Alien Children and Unaccompanied Refugee Minor Programs (Renewal)

Current through Reg. 50, No. 138; July 16, 2024
(1) Any residential
				child-caring agency, child-placing agency, or family foster home, as those
				terms are defined in  409.175(2),
				F.S., seeking to provide services for Unaccompanied Alien Children (UAC) and
				Unaccompanied Refugee Minors (URM) must meet licensing requirements herein in
				addition to the program standards for the type of license sought.
(2) For purposes of section 409.175(5)(b)1,
				F.S., which requires "evidence of need" to obtain a license, and section
				 409.175(1)(a),
				F.S., which provides that the purpose of the licensure requirement is to
				"protect the health, safety, and well-being of all children in the state" who
				are cared for by residential child-caring agencies or family foster homes, or
				placed by child-placing agencies, the planned and organized resettlement of UAC
				or URM by the Office of Refugee Resettlement (ORR) of the U.S. Department of
				Health and Human Services does not constitute evidence of need as required for
				issuance or renewal of a license for a residential child-caring agency,
				child-placing agency, or family foster home that seeks to provide services to
				such UAC or URM, unless such resettlement is governed by a cooperative
				agreement between the State of Florida and the United States Government. In the
				absence of such cooperative agreement, no license will be issued or renewed
				with respect to any residential child-caring agency, child-placing agency, or
				family foster home that applies to provide services for UAC or URM resettling
				to Florida, and any residential child-caring agency, child-placing agency, or
				family foster home providing such services under a current license to UAC or
				URM who have already resettled in Florida may not further place or take
				placement of any additional UAC or URM until a cooperative agreement is
				entered. For purposes of this rule, the term "resettlement" means the
				transportation of persons to Florida for the purpose of temporarily or
				permanently residing in Florida. The Department has no obligation to enter or
				renew a cooperative agreement with the United States Government for the
				resettlement of UAC or URM to Florida, and the Department may revoke or decline
				to enter or renew such agreement.
(3) The child-placing agency or residential
				child-caring agency, whichever is applicable, must ensure a contractual or
				grant agreement was executed between ORR and the child-placing agency or
				residential child-caring agency in order to provide care and services to
				UAC.
(4) The child-placing agency
				or residential child-caring agency, whichever is applicable, must ensure a
				contractual or grant agreement was executed between the U.S. Government and the
				State of Florida in order to provide care and services to URM.
(5) Care and supervision of UAC, URM, and
				dependent youth may not be provided in the same home or under the same license.
				The child-placing agency must ensure foster parents comply with this
				requirement.
(6) For a residential
				child-caring agency, the director and direct care staff must sign and comply
				with the plan applicable to the licensed setting. For a foster home, the
				child-placing agency must ensure the foster parents sign and comply with the
				plan applicable to the licensed setting. Residential child-caring agencies,
				child-placing agencies, or foster homes that provide services for UAC must use
				the "Plan for Unaccompanied Alien Children" Form, CF-FSP 5488, February 2022,
				incorporated by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14108
.
				Residential child-caring agencies, child-placing agencies, or foster homes that
				provide services for URM must use the "Partnership Plan for Unaccompanied
				Refugee Minors," Form CF-FSP 5487, February 2022, incorporated by reference and
				available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14107
.
(7) The residential child-caring agency or
				child-placing agency, whichever is applicable, must conduct in-person welfare
				checks of any UAC that it places, or assists in placing, with a sponsor after
				the effective date of this rule to ensure each child's safety and well-being.
(a) The welfare checks must be completed a
				minimum of once every six months until one of the following occurs:
1. The child reaches the age of 18;
2. The child permanently leaves
				Florida;
3. The child is removed
				from the United States;
4. The
				child is granted lawful immigration status; or
5. The residential child-caring agency or
				child-placing agency closes or is no longer licensed.