Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-45 - LEVELS OF LICENSURE › Section 65C-45.005 - Level I Waivable Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Pursuant to Section 409.175(5)(a)1.b., F.S., items not related to safety can be
				waived for Level I licensure requirements.
(2) Items deemed waived will not be required
				for an applicant to obtain a Level I-Child Specific License through the
				Department;
(3) The waiving of
				items not related to safety must be approved in writing by the Regional
				Managing Director or Department designee. In determining whether to approve or
				deny a request for waiver, the Regional Managing Director or Department
				designee shall consider the strengths of the caregiver and the needs of the
				child with respect to the particular requirement.
(4) The community-based care agency (CBC) or
				contracted provider shall make efforts to assist a caregiver with meeting the
				waivable requirements.
(5) Waivable
				Requirements.
(a) A licensing specialist who
				has been trained by the Department, community-based care agency (CBC), or other
				state entity, such as the local health department, in the areas of water
				supply, food holding temperature, plumbing, pest control, sewage, and garbage
				disposal, shall complete the "Foster Home Inspection Checklist, " incorporated
				by reference in Rule  65C-45.003, F.A.C.;
(b) Evacuation and disaster preparedness
				plans; and
(c) Child care. Child
				care for children in licensed out-of-home care shall be in a licensed early
				education or child care program chosen by the caregiver(s). These providers
				must be participating in the school readiness program through the local early
				learning coalition. Examples of licensed early education or child care programs
				include:
1. Gold Seal accredited child care
				providers or providers participating in a quality rating system;
2. Licensed child care providers;
3. Public school providers; and
4. License exempt child care providers,
				including religious exempt, registered, and non-public schools.
5. The cost of child care shall be assumed by
				the licensed out-of-home caregiver to the extent that subsidized child care is
				unavailable.
(d) The home
				shall have space and furnishings to accommodate the number of people living in
				the home and be accessible to all members of the family.
(e) Each family foster home shall have a
				working telephone in the home that is accessible at all times. Emergency
				telephone numbers shall be displayed prominently in the home. Licensed
				out-of-home caregivers shall notify the supervising agency within one (1)
				business day if their telephone number changes.
(f) Each child shall be provided with a
				clean, permanent bed and mattress of his or her own. The bed shall be of
				sufficient size to accommodate the child.
(g) Infants shall have their own crib which
				shall be maintained in good and safe condition and have a clean mattress that
				fits snugly in the crib frame. Cribs shall not have drop sides or be placed
				close to windows with curtains or cords in which the child might become
				entangled.
(h) Bunk beds shall be
				safe and sturdy. Bunk beds shall be equipped with safety rails on the upper
				tier for a child under the age of 10 or for any child whose physical, mental,
				or emotional condition indicates the need for such protection. Beds bunked
				higher than two (2) tiers must have a manufacturer sticker of safety and must
				not be placed under or near ceiling fans. Children five (5) years old and
				younger may not sleep on the third tier of a three-tiered bunk bed.
(i) Each child shall be provided with clean
				linens. Waterproof mattress covers should be provided for all beds and cribs as
				developmentally appropriate and necessary.
(j) The entry to a child's bedroom shall not
				be located so as to require the child to pass through another room (to include
				all bedrooms, offices, or rooms that are not common areas) or a bathroom in
				order to enter their bedroom.
(k) A
				child shall never share a bed with an adult or other child, regardless of
				age.
(l) Children over 36 months of
				age shall not share a bedroom with a child of the opposite gender unless
				efforts are being made to maintain a sibling group. In instances where efforts
				are being made to maintain a sibling group, the foster family, licensing agent,
				and case manager shall work together in determining arrangements for the safety
				and best interests of the children involved. Rationale for any decision made
				for children over the age of 36 months to share a bedroom shall be documented
				in the Florida Safe Families Network (FSFN).
(m) Children over the age of 12 months shall
				not share a bedroom with an adult, except in the following circumstances:
1. When one of the children sharing a bedroom
				reaches his or her 18th birthday and the out-of-home caregiver and the
				supervising agency approve the sleeping arrangement;
2. When it is deemed to be medically
				necessary as documented by a health care provider;
3. When a teen parent is sharing a bedroom
				with his or her child;
4. When a
				child is transitioning past his or her first birthday; or
5. When the adult is a former dependent child
				who is sharing a room with a sibling.
(n) Each licensed home shall have a first aid
				kit available and accessible to all caregivers.
(o) Each floor in the home shall have a fully
				charged, unexpired 2A10BC fire extinguisher. One (1) of the fire extinguishers
				shall be adjacent to the kitchen. There shall also be at least one (1)
				operating smoke alarm on each floor. There shall be a smoke alarm in each
				bedroom area.
(p) The home shall
				not be heated by unvented gas-fired space heaters or oil heaters unless they
				are equipped with an oxygen depletion sensor and the home has a carbon monoxide
				alarm. All gas-fired devices shall be equipped with an automatic pilot gas
				shut-off control. All electrical wiring shall meet required building
				codes.
(q) All fireplaces, space
				heaters, steam radiators, and hot surfaces shall be shielded against accidental
				contact. Access by children under six (6) years of age shall be restricted by a
				barrier.
(r) Extension cords shall
				not extend from one room to another except for situations involving emergency
				loss of power. Multiple electric outlet adapters shall not be used for more
				than two (2) extensions at one (1) time.
(s) Each licensed out-of-home caregiver shall
				have a current written plan for evacuation in the event of a natural or
				man-made disaster. The plan shall include where the family intends to go and
				information as to how the family may be reached and must be shared with the
				supervising agency.