reglab/statecodes huggingface dataset:
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-42 - ROAD TO INDEPENDENCE › Section 65C-42.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following definitions are to be used in this
				  chapter.
(1) "Adverse action" means
				any action by the Department, community-based care lead agency, or its
				contracted service provider that denies, in whole or in part, a young adult's
				application for Postsecondary Education Services and Support or Aftercare
				Services, or that discharges a young adult from Postsecondary Education
				Services and Support or Aftercare Services.
(2) "Aftercare Services" means services
				provided pursuant to Section
				 409.1451(3),
				F.S.
(3) "Court-approved dependency
				guardian" means the caregiver for a child placed in out-of-home care pursuant
				to a custody order entered by the dependency court. The term includes a
				permanent guardian under Section
				 39.6221, F.S., and a permanent
				placement with a fit and willing relative under Section
				 39.6231, F.S.
(4) "Designated Staff" means a case manager
				or other child welfare professional assigned by the community-based care lead
				agency or its contracted service provider to work with young adults ages 18 to
				23 to handle all matters pursuant to the Postsecondary Education Services and
				Support and Aftercare Services.
(5)
				"Education and Training Voucher " means the federally funded program, codified
				in 42 U.S.C.
				677, for young adults formerly in foster care
				that provides monthly stipends to assist in meeting the cost of postsecondary
				education.
(6) "Emergency
				Situation" means a circumstance or event that impacts the youth and young adult
				in Postsecondary Education Services and Support's (PESS) and whose resources
				are insufficient to meet the emergency.
(7) "Extended Foster Care" means the program
				available pursuant to Section
				 39.6251, F.S.
(8) "Fair hearing" means a hearing that is
				conducted pursuant to the procedural requirements of Rules
				 65-2.042 through
				 65-2.069, F.A.C.
(9) "Postsecondary Education Services and
				Support (PESS)" means the program available to young adults who meet the
				eligibility requirements in Section
				 409.1451(2),
				F.S., that provides services and support to assist with postsecondary
				education.
(10) "Road to
				Independence Program" means the programs described in Section
				 409.1451,
				F.S.
Rulemaking Authority
					 39.012,
					 409.1451(11)
					 FS. Law Implemented 409.1451,
					 39.6251
					 FS.
New 10-4-15, Amended 5-22-19,
					 1-3-23.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-42 - ROAD TO INDEPENDENCE › Section 65C-42.003 - Aftercare Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligibility. A
				young adult is eligible for Aftercare Services if he or she:
(a) Reached the age of 18 while in licensed
				foster care, but is not yet 23 years of age. A young adult is considered to
				have been living in licensed care on the date of his or her 18th birthday if
				the young adult was in the legal custody of the Department on the date of his
				or her 18th birthday;
(b) Is not in
				Extended Foster Care pursuant to section
				 39.6251,
				F.S.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-43 - PLACEMENT AND SERVICES FOR COMMERCIALLY SEXUALLY EXPLOITED CHILDREN › Section 65C-43.001 - Initial Screening Instrument

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				child or young adult suspected of being commercially sexually exploited or
				labor trafficked shall be assessed using the "Human Trafficking Screening Tool
				Administration Guide (HTST), " CF-FSP 5406, July 2023, incorporated by
				reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15927
.
				For the purpose of this rule chapter, a young adult is defined as someone who
				has reached 18 years of age but is not yet 23 years of age and who is in
				extended foster care or who is receiving other independent living services. In
				addition, any child or young adult who meets the criteria as defined in the
				list of indicators in the HTST, shall be assessed using the HTST.
(2) Any professional administering the HTST
				must meet the training requirements set forth in Rule
				 65C-43.005, F.A.C., and must
				have completed the Department approved training for the HTST prior to
				administering the tool.
(3) The
				HTST shall be initiated within 24 hours of identifying one or more of the
				indicators listed in the HTST. For a child or young adult whose whereabouts are
				unknown, the HTST shall be initiated within 24 hours of the debriefing of a
				recovered child or young adult if the debriefing results in indicators of human
				trafficking as listed in the HTST.
(4) If the HTST was previously administered
				by the Department of Juvenile Justice or one of the shared agencies as listed
				in the HTST, incorporated in subsection (1) of this rule, the results of the
				HTST shall be used in determining the most appropriate placement for the child
				or young adult.
Rulemaking Authority
					 409.1754(1)(c)
					 FS. Law Implemented 409.1754
					 FS.
New 1-12-16, Amended 10-24-19,
					 10-9-23.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-43 - PLACEMENT AND SERVICES FOR COMMERCIALLY SEXUALLY EXPLOITED CHILDREN › Section 65C-43.002 - Reporting

Current through Reg. 50, No. 138; July 16, 2024
Each lead agency and regional Department of Children and
				  Families, Family Safety Office shall provide the following information about
				  children and young adults the lead agency serves to the Department's Office of
				  Child Welfare's Human Trafficking Unit on a monthly basis:
(1) The total number of children and young
				adults assessed using the Human Trafficking Screening Tool (HTST);
(2) The total number of children and young
				adults determined to be victims of commercial sexual exploitation;
(3) The total number of children and young
				adults assessed for placement in a safe foster home or safe house;
(4) The total number of children and young
				adults who were referred to specialized non-residential services in the
				community to address their needs as a victim of commercial sexual
				exploitation;
(5) The total number
				of children and young adults who were placed in a safe foster home or safe
				house;
(6) The total number of
				children and young adults who were referred to a safe foster home or safe
				house, but placement was unavailable;
(7) The total number of children and young
				adults who were not placed in a safe foster home or safe house due to lack of
				funding or funding eligibility;
(8)
				The total number of children and young adults who were not placed in a safe
				foster home or safe house due to lack of recommendation;
(9) The total number of children and young
				adults who were not placed due to a runaway episode;
(10) The total number of children and young
				adults who were referred to a safe foster home or safe house who were not
				placed due to their choice not to go;
(11) Specifically for each child and young
				adult:
(a) Date the Human Trafficking
				Screening Tool was administered;
(b) The name and working title of the person
				who administered the screening tool;
(c) Date the multidisciplinary team staffing
				was completed;
(d) Child protective
				investigation findings for the current commercially sexually exploited child
				(CSEC) investigation;
(e) Date the
				safe foster home/safe house assessment was completed;
(f) The placement that resulted from the
				screening, including whether a safe foster home or safe house placement was
				made;
(g) Referrals to any
				specialized services and the type, date, and outcome of those referrals;
				and
(h) Whether or not the
				community-based care agency accrued costs for specialized
				services.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-43 - PLACEMENT AND SERVICES FOR COMMERCIALLY SEXUALLY EXPLOITED CHILDREN › Section 65C-43.003 - Criteria for Certification of Safe Houses (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 409.1678(2)(c)7., (2)(e) FS. Law
					 Implemented 409.1678
					 FS.
New 1-12-16, Amended 10-24-19, Transferred to
					  65C-14.119.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-43 - PLACEMENT AND SERVICES FOR COMMERCIALLY SEXUALLY EXPLOITED CHILDREN › Section 65C-43.0035 - Record Keeping for Children in Safe Houses (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 409.1678(2)(e)
					 FS. Law Implemented 409.1678
					 FS.
New 10-24-19, Transferred to
					  65C-14.120.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-43 - PLACEMENT AND SERVICES FOR COMMERCIALLY SEXUALLY EXPLOITED CHILDREN › Section 65C-43.004 - Training for Foster Parents of Safe Foster Homes and Staff of Safe Houses

Current through Reg. 50, No. 138; July 16, 2024
(1) Foster parents
				and direct care staff of residential child-caring agencies must have completed
				all pre-service training, as prescribed in Section
				 409.145(2)(e),
				F.S., and Rule  65C-45.002, F.A.C., prior to the
				submission of the application to become a safe foster home or safe
				house.
(2) Foster parents and
				direct care staff must complete 24 hours of specialized training in commercial
				sexual exploitation prior to receiving certification to care for commercially
				sexually exploited children and young adults.
(3) Specialized intensive curriculum about
				commercially sexually exploited children must be approved by the Department. In
				determining whether a curriculum will be approved, the Department will consider
				whether the curriculum addresses the subjects specified in subsection (4), of
				this rule, and whether the instructor has met the following preferred criteria:
(a) Has a bachelor's degree in social work or
				a related area of study; or a bachelor's degree in psychology, sociology,
				counseling, special education, education, human development, child development,
				family development, marriage and family therapy, criminal justice, adult
				learning or nursing; and two years of experience working with sexually
				exploited children, or
(b) Has a
				master's degree in social work or a related area of study; or a master's degree
				in psychology, sociology, counseling, special education, education, human
				development, child development, family development, marriage and family
				therapy, criminal justice, adult learning or nursing, or
(c) Has specialized knowledge in commercial
				sexual exploitation and child welfare.
(d) In addition, all instructors must have
				received training on the following topics: Human Trafficking, Motivational
				Interviewing, Trauma-focused Cognitive Behavioral Therapy, and Co-occurring
				Disorders.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-43 - PLACEMENT AND SERVICES FOR COMMERCIALLY SEXUALLY EXPLOITED CHILDREN › Section 65C-43.005 - Specialized Training in Serving Human Trafficking Victims

Current through Reg. 50, No. 138; July 16, 2024
(1) Child protective investigators and case
				managers, and their supervisors, must receive a minimum of six (6) hours of
				specialized training on human trafficking approved by the Department prior to
				accepting cases with children or young adult victims of human trafficking. The
				specialized training in human trafficking shall be conducted by a
				Department-approved trainer and consist of:
(a) Three (3) hours of live training
				pertaining to human trafficking;
(b) One (1) hour of live training pertaining
				to Legislative language addressing human trafficking; and
(c) Two (2) hours of additional live training
				on specialized topics related to human trafficking of
				children.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-43 - PLACEMENT AND SERVICES FOR COMMERCIALLY SEXUALLY EXPLOITED CHILDREN › Section 65C-43.006 - Administrative Actions

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to a
				moratorium on referrals or revocation of certification for a safe foster home
				or safe house, the Regional Licensing Authority shall review the following:
(a) Licensing history, including history of
				corrective action plans; and,
(b)
				History of abuse and neglect reports and foster care
				referrals.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-44 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 65C-44.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Child" for purposes of this rule chapter
				means an individual who has not attained 18 years of age.
(2) "Extended Guardianship Assistance
				Agreement" means an agreement that outlines the payment amount and services
				provided for a qualifying young adult.
(3) "Extended Guardianship Assistance
				Payment" means a monthly payment provided to a caregiver for the care and
				support of a qualifying young adult.
(4) "Guardianship Assistance Agreement" means
				an agreement that outlines the payment amount and services provided for a
				qualifying child.
(5) "Guardianship
				Assistance Payment" means a monthly payment provided to the caregiver for care
				and support of a qualifying child.
(6) "Successor Guardian" means an adult
				identified by the caregiver and approved by the Department who will assume care
				and responsibility for the child if the caregiver is no longer able to care for
				the child.
(7) "Young adult" as
				defined in paragraph  39.6225(1)(b),
				F.S.
Rulemaking Authority
					 39.6225(11) FS.
					 Law Implemented 39.6225
					 FS.
New 7-23-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-44 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 65C-44.002 - Types of Guardianship Assistance

Current through Reg. 50, No. 138; July 16, 2024
The child welfare professional shall inform prospective
				  guardianship caregivers of the availability of all of the benefits listed
				  below:
(1) Guardianship Assistance
				Payment.
(2) Other Medical
				Services. Other medical services available include on-going Medicaid coverage
				and continuing eligibility with Children's Medical Services for children who
				were receiving such services prior to case closure in permanent
				guardianship.
(3) Reimbursement for
				Non-Recurring Guardianship Assistance Expenses. Non-recurring guardianship
				expenses are expenses necessary for pursuing legal permanent guardianship.
				Payments must be requested in writing prior to case closure in permanent
				guardianship.
(4) Tuition Fee
				Exemption. Children who were in the custody of a permanent guardian may be
				eligible for an exemption of undergraduate college tuition fees at Florida
				universities or community colleges pursuant to section
				 1009.25,
				F.S.
Rulemaking Authority
					 39.6225(11) FS.
					 Law Implemented 39.6225
					 FS.
New 6-30-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-44 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 65C-44.003 - Determination of Guardianship Assistance Payments

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of the guardianship
				assistance payment is to make financial assistance available to permanent
				guardians to enable them to provide care for a qualifying child. Every
				permanent guardian must be advised of the availability of a guardianship
				assistance payment and the purpose for which it was intended.
(2) An application to participate in the
				Guardianship Assistance Program must be made on the "Application for
				Guardianship Assistance Program" form, CF-FSP 5442, June 2019, which is
				incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10805
.
(a) Presumptive eligibility must be completed
				prior to execution of the Guardianship Assistance Agreement.
(b) For families that have submitted an
				application for the guardianship assistance program, the child welfare
				professional shall begin the presumptive eligibility determination process once
				a goal change to permanent guardianship has occurred or a concurrent goal of
				permanent guardianship has been added. Presumptive eligibility shall be
				completed on the guardianship assistance page in the Florida Safe Families
				Network (FSFN.)
(c) To be deemed
				presumptively eligible, the following must have occurred:
1. A primary goal change to permanent
				guardianship; or
2. A concurrent
				goal added for permanent guardianship; and
3. A permanency hearing has been held and
				permanent guardianship was determined to be in the child's best interest;
				and
4. A caregiver has received a
				foster care board payment for at least six (6) consecutive
				months.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-44 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 65C-44.004 - Guardianship Assistance Agreement

Current through Reg. 50, No. 138; July 16, 2024
The "Guardianship Assistance Agreement Between the Department
				  of Children and Families and Guardians Regarding Payments and Services, "
				  CF-FSP 5437, June 2019, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10807
,
				  must be signed and dated by all parties prior to case closure in permanent
				  guardianship and uploaded into the Florida Safe Families Network (FSFN)
				  database.
Rulemaking Authority
					 39.6225(11) FS.
					 Law Implemented 39.6225
					 FS.
New 7-23-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-44 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 65C-44.0045 - Successor Guardians

Current through Reg. 50, No. 138; July 16, 2024
(1) A successor
				guardian should be identified and documented on the Guardianship Assistance
				Agreement.
(2) The successor
				guardian is not required to be a relative, fictive kin or a licensed
				caregiver.
(3) The successor
				guardian must successfully complete the following criminal, delinquency and
				abuse/neglect history checks prior to being added to the Guardianship
				Assistance Agreement:
(a)
				Fingerprints;
(b) Statewide
				criminal records check through the Florida Department of Law
				Enforcement;
(c) Records check of
				the Florida Sexual Offenders and Predators registry;
(d) Federal criminal records check through
				the Federal Bureau of Investigations;
(e) Local criminal records check through law
				enforcement agencies, including records of any responses to the home by law
				enforcement that did not result in criminal charges;
(f) Abuse and neglect records check through
				the FSFN; and
(g) Civil court
				records check regarding domestic violence complaints and orders of domestic
				violence complaints and orders of protection.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-44 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 65C-44.005 - Non-recurring Guardianship Expenses

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Under any Guardianship Assistance Agreement, the state is authorized to make
				payments to the guardian for non-recurring, one time, expenses the guardian has
				incurred in connection with the guardianship. Non-recurring guardianship
				expenses are court costs, attorney fees, and other expenses which are directly
				related to the guardianship.
(2)
				Agency fees shall be established by written agreement between the agency and
				family prior to the performance of the requested service. If these children are
				otherwise eligible, agency fees shall be counted as an allowable expense under
				non-recurring guardianship expenses. It is not necessary that the family be
				receiving guardianship assistance payment to be eligible for reimbursement of
				non-recurring guardianship expenses.
(3) In cases where siblings are placed
				separately or as a unit, each child is treated as an individual with separate
				reimbursement for non-recurring expenses up to the maximum amount of $2, 000
				per child.
(4) There are no income
				eligibility requirements for guardians in determining whether payments for
				non-recurring expenses of guardianship will be made.
(5) Guardians cannot be reimbursed for
				out-of-pocket expenses for which they have been otherwise reimbursed.
(6) The following procedures will initiate
				payments for reimbursement of non-recurring guardianship expenses:
(a) All guardians will be advised by the
				staff person conducting the home study of the availability of non-recurring
				expense reimbursement;
(b)
				Reimbursement for eligible costs may be made to the guardian or directly to a
				vendor. The staff person conducting the home study shall advise all guardians
				to keep copies of receipts of expenditures related to pursuing guardianship.
				Copies of such receipts shall be entered into the payment record in Florida
				Safe Families Network (FSFN.) Eligible expenses include court costs, attorney
				fees, birth certificates, costs of required physicals and psychological
				examinations, costs of transportation, lodging and food for the child and/or
				guardian when necessary to complete the guardianship process, and the cost of
				the home study if the child is in the custody of a private agency;
(c) When completing program eligibility, the
				Guardianship Assistance Agreement shall be negotiated with the family and must
				include a statement of the projected cost to be reimbursed for non-recurring
				guardianship expenses as well as proposed guardianship assistance
				payments.
(d) Payments for
				non-recurring expenses can be made up to one (1) year following the closing in
				permanent guardianship.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-44 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 65C-44.006 - Extension of Guardianship Assistance Agreement

Current through Reg. 50, No. 138; July 16, 2024
(1) Families shall be notified of the
				Extension of Guardianship Assistance Payment when they are entering into an
				agreement for a child who has attained 16 or 17 years of age.
(2) The initial agreement shall notate that
				the caregiver intends to opt into the Extension of Guardianship Assistance
				Program.
(3) The "Extension of
				Guardianship Assistance Agreement Between the Department of Children and
				Families, Young Adult and Guardians Regarding Payments and Services, " CF-FSP
				5434, June 2019, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10806
,
				shall be executed prior to the child's 18th birthday.
(4) The young adult must meet the eligibility
				criteria as stated in section
				 39.6225, F.S.
(5) Extension of Guardianship Assistance
				Payments may be made until the young adult reaches 21 years of age, if the
				young adult is determined to meet eligibility criteria during the annual
				redetermination periods.
Rulemaking Authority
					 39.6225(11) FS.
					 Law Implemented 39.6225
					 FS.
New 7-23-19.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-44 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 65C-44.007 - Redetermination of Guardianship Assistance Payment and Extended Guardianship Assistance Payment

Current through Reg. 50, No. 138; July 16, 2024
(1) An annual
				redetermination for Guardianship Assistance Payment eligibility shall be
				completed every 12 months. Failure of the guardian to submit a completed
				"Guardianship Assistance Program Eligibility Redetermination" form prior to the
				end of the 12-month redetermination date shall result in suspension of the
				Guardianship Assistance Payment. The "Guardianship Assistance Program
				Eligibility Redetermination" form, CF-FSP 5441, May 2019, is incorporated by
				reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10578
.
(2) A redetermination for Extended
				Guardianship Assistant Payment eligibility shall be completed every six (6)
				months.
(a) The guardian must provide
				documentation that the young adult for whom they are receiving Extended
				Guardianship Assistance Payment continues to meet the eligibility criteria in
				section  39.6225(9),
				F.S.
(b) Failure of the guardian to
				submit a completed "Guardianship Assistance Program Eligibility
				Redetermination" form prior to the end of the 6-month redetermination date
				shall result in suspension of the Guardianship Assistance
				Payment.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.001 - Background Screening Requirements for all Levels of Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department shall conduct background
				screenings for all persons considered by the Department for initial licensure,
				re-licensure, or re-screenings for 3-year licensure for out-of-home caregivers
				and all adult household members age 18 and older, pursuant to Sections
				 409.175 and
				 39.0138, F.S.
(2) These screenings shall include:
(a) Statewide criminal records check through
				the Florida Department of Law Enforcement to be obtained through
				fingerprinting;
(b) Federal
				criminal records check through the Federal Bureau of Investigation to be
				obtained through fingerprinting;
(c) Local criminal records check through
				local law enforcement agencies, including records of any responses to the home
				by law enforcement that did not result in criminal charges;
(d) Records check of the Florida Sexual
				Offenders and Predators registry;
(e) Abuse and neglect records check through
				the Department's Florida Safe Families Network (FSFN) which shall be documented
				on the "Central Abuse Hotline Record Search" form, CF 1651, April 2020,
				incorporated by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-11811
;
1. Only abuse and neglect reports in which
				the applicant or any other household member was named as the caregiver
				responsible for the abuse or neglect shall be used for initial licensing
				recommendations by the community-based care agency (CBC).
2. When the applicant or any other household
				member was named as caregiver responsible in a report verified for sexual
				abuse, this shall be an automatic disqualifier for licensure.
3. The Department's Regional Family Safety
				Office shall review the following reports to determine whether a license shall
				be issued:
a. When the applicant or any other
				household member was named in any capacity in three (3) or more reports within
				a five (5) year period, regardless of classification; or
b. When the applicant or any other household
				member was named as caregiver responsible in a report not substantiated for
				sexual abuse.
4. For
				homes being considered for licensure for longer than one (1) year under Section
				 409.175(6)(j),
				F.S., all abuse reports with any findings shall be considered.
5. Determinations made based on abuse and
				neglect reports shall be the made in accordance with the standards set forth in
				Rule  65C-38.002,
				F.A.C.
(f) Civil court
				records check regarding domestic violence complaints and orders of
				protection.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.002 - Parent Preparation Pre-service and Inservice Training for all Levels of Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) Parent
				preparation pre-service and in-service training shall meet the requirements of
				Section  409.175(14),
				F.S.
(2) Applicants who have
				previously completed a Department-approved pre-service training curriculum in
				the past five years, and who can provide proof of completion, shall not be
				required to complete pre-service training except portions of the training
				curriculum that have been updated since their previous completion. Applicants
				who completed pre-service training in another state shall be exempt from
				pre-service training if the curriculum meets the content requirements
				established in Section
				 409.175(14),
				F.S., for pre-service training offered in Florida. Supervising agencies shall
				submit a copy of the curriculum to the Department for review and approval if
				the previously completed training is not an approved curriculum in Florida. The
				Department shall approve training curriculum that meets the content
				requirements specified in Section
				 409.175(14),
				F.S.
(3) Pre-service training shall
				include the following:
(a) The reasonable and
				prudent parenting standards, pursuant to Sections
				 39.4091 and
				 409.145, F.S., and the balance
				of normalcy for children in care and their safety;
(b) Legal rights, roles, responsibilities,
				and expectations of foster parents;
(c) The social and emotional development of
				children and youth;
(d) Agency
				policies, services, laws, and regulations;
(e) Development of life skills for teens in
				care;
(f) The caregiver's role in
				supporting and promoting the educational progress of the child;
(g) Trauma-informed care, including
				recognizing the signs, symptoms, and triggers of trauma;
(h) The Multiethnic Placement Act and the
				Americans with Disabilities Act; and
(i) For individuals being licensed as a level
				II-V, training must also include the administration of psychotropic medication,
				including the use of psychotropic medications to treat children, the proper
				dosage of medication, the importance of monitoring for possible side effects,
				and the timely reporting of side effects and adverse reactions. Training on
				psychotropic medications shall also include an overview of Section
				 39.407, F.S., and rule Chapter
				65C-35, F.A.C., which govern the administration of psychotropic
				medication.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.003 - Foster Home Initial Licensing Requirements for all Levels of Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) General.
(a) Each applicant wishing to become a
				licensed out-of-home caregiver shall complete the following:
1. An "Application for License to Provide
				Out-of-Home Care for Dependent Children, " CF-FSP 5007, July 2017, incorporated
				by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-11812
.
				Persons living together in a caretaking role must both sign the
				application;
2. A "Release of
				Information" form, incorporated by reference in Rule
				 65C-45.001, F.A.C.;
3. A "Partnership Plan for Children in
				Out-of-Home Care, " CF-FSP 5226, January 2015, incorporated by reference and
				available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-11815
;
				and
4. A "Confidentiality
				Agreement, " CF-FSP 5087, October 2020, incorporated by reference and available
				at
https://www.flrules.org/Gateway/reference.asp?No=Ref-12289
.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.004 - Summary, Recommendations, and Process for Submission of Initial Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) Summary and
				Recommendations.
(a) Recommendation for
				licensure shall describe the characteristics of children most appropriate for
				placement in the home. These characteristics shall include level of licensure,
				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 not be willing or able to accept a child.
(b) If recommending denial of licensure, the
				summary shall specify the licensing standards the applicant is unable to meet
				and attach all supporting documentation. The Department must notify the
				applicant regarding the appeal process pursuant to Chapter 120, F.S.
(c) The Unified Home Study shall be reviewed
				and signed by the applicant, child welfare professional and his or her
				supervisor. A copy of the Unified Home Study shall be provided to the
				applicant.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.006 - Level II Non-Child-Specific Foster Home Initial Licensing Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Individuals applying for a Level
				II-Non-Child Specific Foster Home License shall meet all licensing requirements
				in Rule  65C-45.003, F.A.C., as well as
				all items identified in paragraph
				 65C-45.005(1)(b),
				F.A.C.
(2) The licensing counselor
				shall complete one (1) additional licensing home study visit to the applicant's
				home to inspect the entire home.
Rulemaking Authority
					 409.175(5) FS.
					 Law Implemented 409.175(5)(a)
					 FS.
New 4-26-20, Amended
					 11-9-20.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.007 - Level III Safe Foster Home for Victims of Human Trafficking Initial Licensing Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Certification of Safe Foster Homes
(a)
				Certification Standards. The child-placing agency must submit a letter of
				recommendation to the Regional Licensing Authority that the licensed foster
				home be certified as a safe foster home. The letter of recommendation must be
				accompanied by the following:
1. An
				"Application for Certification as a Safe Foster Home or Safe House, " CF-FSP
				5403, February 2015, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11820
;
2. A copy of the applicant's current foster
				home license and the applicant's licensing history, placement capacity, and
				gender to be served;
3. A signed
				"Prudent Parenting Partnership Plan for Sexually Exploited Children or Young
				Adults, " CF-FSP 5404, February 2015, incorporated by reference and available
				at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11823
;
4. A description of child caring arrangements
				and sleeping arrangements;
5.
				Documentation of completed pre-service training, including specialized training
				in sexual exploitation, pursuant to subsections
				 65C-43.004(1) 
				-(2), F.A.C., and continuing educational training hours, if
				applicable;
6. Documentation of
				compliance with the requirements applicable to safe foster homes set forth in
				paragraphs  409.1678(2)(c)-(d),
				F.S.;
7. Documentation of
				compliance with the licensing requirements in Rules
				 65C-45.002, and
				 65C-43.003, F.A.C.;
8. A treatment plan that outlines the plan to
				address the child or young adult's individualized needs and progress
				reports;
9. A recent photograph of
				the child or young adult; and
10.
				The discharge summary.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.008 - Level IV Therapeutic Foster Home and Level V Medical Foster Home Initial Licensing Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Individuals
				seeking Level IV or V Licensure, must meet all Level II licensure requirement
				pursuant to Rule  65C-45.003, F.A.C.;
(2) The licensing counselor shall complete
				one (1) additional licensing home study visit to the applicant's home to
				inspect the entire home.
Rulemaking Authority
					 409.175(5) FS.
					 Law Implemented 409.175(5)(a)
					 FS.
New 4-26-20, Amended
					 9-14-22.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.010 - Standards for all Licensed Out-of-Home Caregivers

Current through Reg. 50, No. 138; July 16, 2024
(1) Requirements.
(a) All licensed out-of-home caregivers shall
				comply with subsections
				 65C-28.003(1), (3),
				(4),
				 65C-28.009(2),
				 65C-28.018(1),
				and Rule  65C-28.019, F.A.C.
(b) Placement capacity requirements shall
				comply with Section  409.175(3),
				F.S.
(c) Each licensed out-of-home
				caregiver shall sign a "Partnership Plan for Children in Out-of-Home Care, "
				incorporated by reference in Rule
				 65C-45.003, F.A.C. The agreement
				shall be reviewed and discussed with a licensing counselor prior to initial
				licensure and again at each re-licensure. The document must be signed by a
				representative from the supervising agency, the potential or licensed
				out-of-home caregiver, and at placement by the case manager.
(d) The child's resource record (CRR) shall
				be maintained by the licensed out-of-home caregiver. The CRR is a standardized
				record developed and maintained for every child entering out-of-home care that
				contains copies of the basic legal, demographic, available and accessible
				educational, and available and accessible medical and psychological information
				pertaining to a specific child, as well as any documents necessary for a child
				to receive medical treatment and educational services. Where medical or
				educational information is not available and accessible, written documentation
				of the efforts made to obtain the information must be in the file. The CRR
				shall be housed where the child is placed and shall accompany the child to
				every health encounter and shall be updated as events
				occur.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.011 - Supports for all Levels of Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) Community-based care lead agencies and
				their contracted providers will provide ongoing support to licensed out-of-home
				caregivers. Support can include but is not be limited to:
(a) Access to foster parent support
				groups;
(b) Service resources for
				children placed in the home;
(c)
				Foster Parent mentors; and
(d)
				Service resources for caregivers.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.012 - Relicensing requirements for all Levels of Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) Requirements.
(a) Relicensing procedures shall be initiated
				by the supervising agency and the relicensing file shall be submitted to the
				licensing authority at least 30 calendar days prior to expiration of the
				current license. However, if the attestation model is used, the relicensing
				file shall be submitted to the licensing authority at least 10 business days
				prior to expiration of the current license. The relicensing process shall not
				be initiated more than 90 calendar days prior to the expiration of the current
				license.
(b) The supervising agency
				shall conduct a minimum of one (1) face-to-face visit in the home and interview
				all household members prior to re-licensure.
(c) Out-of-home caregivers requesting to be
				relicensed shall complete the "Application for License to Provide Out-of-Home
				Care for Dependent Children, " incorporated by reference in Rule
				 65C-45.003, F.A.C.
(d) An applicant shall sign all required
				relicensing documentation.
1. If a home
				inspection was deemed satisfactory at initial licensure, a new home inspection
				is not required for five (5) years unless a change to the home has been
				identified. At the end of each five (5) year period, an updated satisfactory
				home inspection is required.
2. If
				an unsatisfactory home inspection was waived at initial licensure pursuant to
				paragraph  65C-45.005(5)(a),
				F.A.C., the homeowner shall advise the licensing specialist whether any changes
				to the home have been made since initial licensure. If changes have been made,
				a new home inspection shall be conducted. At minimum, a waived home health
				inspection must be reviewed at least every five (5) years.
3. Health inspections completed by the
				Department of Health shall be requested 60 days in advance of the home's
				relicensing due date to facilitate the receipt of an environmental health
				inspection report that indicates the home complies with the requirements
				specified in the "Foster Home Inspection Checklist, " prior to the expiration
				of the license. The "Foster Home Inspection Checklist" is incorporated in Rule
				 65C-45.003,
				F.A.C.
(e) The
				supervising agency shall ensure that all required background screening has been
				completed pursuant to Rule
				 65C-45.001, F.A.C., with the
				exception of subsection
				 65C-45.001(3),
				F.A.C.
(f) Applicants for renewal
				shall provide the agency with:
1.
				Documentation of at least one (1) hour of continuing education annually;
				and
2. A current driver's license
				and current auto insurance coverage information, as applicable.
The licensing specialist shall observe vehicles used for
				  transporting children for seatbelt compliance and any obvious safety hazards
				  and document any concerns in the Unified Home
				  Study.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.0122 - Level III Safe Foster Home for Victims of Human Trafficking Relicensing Requirements

Current through Reg. 50, No. 138; July 16, 2024
Individuals applying for relicensure of a Level III Safe
				  Foster Home for Victims of Human Trafficking shall meet all relicensing
				  requirements in Rule  65C-45.012, F.A.C., as well as
				  the following requirements:
(1)
				Individuals must also be licensed as a Level II foster home; and
(2) Foster parents must meet all training
				requirements set forth in Rules
				 65C-43.004 and
				 65C-43.005,
				F.A.C.
Rulemaking Authority
					 409.145(5),
					 409.175(5) FS.
					 Law Implemented 409.145,
					 409.175
					 FS.
New 5-4-20.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.0123 - Level IV Therapeutic Foster Home and Level V Medical Foster Home Relicensing Requirements

Current through Reg. 50, No. 138; July 16, 2024
Individuals applying for relicensure of a Level IV
				  Therapeutic Foster Home or Level V Medical Foster Home shall meet all
				  relicensing requirements in Rule
				   65C-45.012, F.A.C., as well all
				  licensing standards required by the Agency of Health Care
				  Administration.
Rulemaking Authority
					 409.145(5),
					 409.175(5) FS.
					 Law Implemented 409.145,
					 409.175
					 FS.
New 5-4-20.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.013 - Conflict of Interest for all Levels of Licensure

Current through Reg. 50, No. 138; July 16, 2024
Employees, Relatives and Sub-Contractors as Licensed
				  Out-of-Home Caregivers. Licensing of employees of the Department, county
				  sheriff's offices, community-based care lead agencies and their subcontracted
				  providers or their relatives who desire to become out-of-home caregivers is
				  allowable if the following conditions are met:
(1) No actual or perceived conflict of
				interest exists that could result in preferential treatment concerning the
				licensing process or the placement and movement of children placed in the
				potential licensed family foster home.
(2) All initial, relicensing, and ongoing
				maintenance of the licensed foster home activities shall be completed by a
				licensed child-placing agency outside of the employee's service area and
				submitted to the Regional Licensing Authority for approval.
(3) The executive director or designee in
				upper level management of the community-based care lead agency or supervising
				agency responsible for submitting the employee, relative, or subcontractor
				licensing file to the Department has reviewed and approved the submission of
				the application to the Department.
(4) The Regional Licensing Authority obtains
				approval of the application from the Regional Managing Director or designee
				prior to issuing a family foster care license for an employee, relative, or
				subcontractor.
(5) Enhanced Level
				II Foster Homes in which the child-placing agency and foster parent have a
				Department-approved working agreement regarding the terms and conditions of the
				foster parent's responsibilities as a caregiver for the child-placing agency
				are exempt from this rule. The Department will approve working agreements that
				contain at minimum the following:
(a) Purpose
				of the agreement;
(b)
				Identification of foster parent;
(c) Residential location for
				agreement;
(d) Terms and Use of
				Residence;
(e) Foster parent
				responsibility;
(f) Reasons
				residency can be terminated.