Current through Reg. 50, No. 187; September 24, 2024
(1) Application.
(a) Application must be made on CF-FSP Form
5237, Dec. 2019, Application For A License To Operate a Specialized Child Care
Facility for Mildly Ill Children, which is incorporated by reference and
available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11410.
(b) Each completed application must be
submitted to the licensing authority, with the statutory licensing fee pursuant
to Section 402.315(3),
F.S.
(c) The completed CF-FSP Form
5237 must be signed by the individual owner, prospective owner, or the
designated representative of a partnership, association, or corporation. Child
care facilities that have a well system must maintain current written records
indicating the well system meets the requirements of the Department of Health
on an annual basis.
(d) A completed
CF-FSP Form 5237 for renewal of an annual license must be submitted to the
department or local child care licensing agency at least 45 days prior to the
expiration date of the current license to ensure that a lapse of licensure does
not occur. Failure to submit a completed CF-FSP Form 5237 at least 45 days
prior to the expiration date of the current license constitutes a licensing
violation. The Department shall impose an administrative fine of $50.00 for the
first occurrence, $100.00 for the second occurrence, and $200.00 for each
subsequent occurrence within a five-year period.
(2) License.
(a) A license to operate a child care
facility for mildly ill children is issued in the name of the owner,
partnership, association, or corporation. The license is non-transferable
between owners and locations.
(b)
Facilities providing both regular child care for well children and child care
for mildly ill children must procure and maintain two separate
licenses.
(c) Hospitals maintaining
current Joint Commission for the Accreditation of Healthcare Organizations
(JCAHO) accreditation, operating hospital based child care for mildly ill
children, shall be exempt from licensure under this rule.
(d) In compliance with Section
402.305(18),
F.S., at least one week prior to changing ownership of a child care facility,
one or more of the following methods of notification to parents or guardians
must be observed:
1. Posting a notice in a
conspicuous location at the facility.
2. Incorporating information in any existing
newsletter.
3. Individual letters,
or fliers.
(e) The
license must be posted in a conspicuous location at the facility.
(f) The child care facility for mildly ill
children must include their license number in any advertisement about their
services.
(3) Child care
facilities for mildly ill children shall meet all health and safety standards
in the Child Care Facility Handbook, incorporated by reference in Rule
65C-22.001, F.A.C., except where
standards in Chapter 65C-25, F.A.C., are more stringent.
(4) Ratios.
(a) The following staff to child ratios are
based on primary responsibility for the supervision of children and apply at
all times when mildly ill children are in care:
1. For children from birth to 1 year of age,
there must be one child care personnel for every three children.
2. For children 1 year of age to 4 years of
age, there must be one child care personnel for every four children.
3. For children 4 years of age and older,
there must be one child care personnel for every six
children.
(b) Mixed Age
Groups.
1. In groups of mixed age ranges,
where one or more children under 1 year of age are in care, one child care
personnel shall be responsible for a maximum of three children of any age
group.
2. In groups of mixed age
ranges, where one or more children 1 year of age and older are in care, the
staff to child ratio shall be based on the age of the largest numbers of
children within the group. When equal numbers of children in each group are in
care, the most restrictive staff to child ratio shall
apply.
(5)
Schedule of Activities.
(a) The facility shall
include a daily schedule tailored to each child's symptoms, energy level, and
parent's instructions.
(b) The
daily schedule shall be flexible and provide age appropriate activities without
over stressing the children.
(c)
The facility shall not participate in field trips or water
activities.
(6)
Sanitation and Safety.
(a) A child care
facility for mildly ill children, if located in a regular licensed child care
facility, shall utilize rooms or areas which are physically separated by floor
to ceiling walls from all other components of the regular licensed child care
facility.
(b) The physical indoor
and outdoor space, and equipment designated for use by the mildly ill children,
shall not be used by children and child care personnel from any other component
of the regular licensed child care facility.
(c) Child care facilities for mildly ill
children that serve children with contagious diseases, as defined in Rule
65C-25.001, F.A.C., shall have
separate isolation areas, ventilation systems, and entrances.
(d) Child care programs for mildly ill
children shall make provisions to prevent the participating mildly ill children
from coming in contact with all other areas and components of the child care
facility where well children are in care.
(e) No animals shall be allowed on the
premises of programs caring for mildly ill children.
(f) No narcotics, alcohol, or other impairing
drugs shall be present or allowed on the premises, unless prescribed for any of
the children in care.
(7)
Toilet and Bath Facilities.
(a) The facility
shall provide a minimum of one toilet and one wash basin for every 10
children.
(b) Toilet and bath
facilities shall be designated for the exclusive use of the mildly ill children
in care and their caregivers, and shall be accessible from within the room
where care is being provided. If the specialized child care facility for mildly
ill children is located within a child care facility, the toilet and bath
facilities used by the mildly ill children and their caregivers shall be
separate from those utilized by children and caregivers from other components
of the child care facility.
(c)
Toilet and bath facilities shall provide privacy to all
users.
(8) Minimum
Personnel Requirements. All child care personnel in facilities for mildly ill
children shall meet the requirements outlined in Section
402.305(2),
F.S., and the following additional requirements:
(a) No person under the age of 18 shall be
allowed to provide care for mildly ill children.
(b) In addition to the required training
outlined in Section 402.305(2)(e),
F.S., and the Child Care Facility Handbook, section 4, all child care personnel
in facilities for mildly ill children shall:
1. Have current certification in pediatric
cardiopulmonary resuscitation and first aid prior to caring for the children at
the facility; and
2. Complete 10
hours of annual in-service training relating to care of sick children and the
prevention of communicable diseases. Operators or Directors shall complete at
least two hours of training relating to sick children as part of their 10 hours
annual in-service training.
(9) Health and Safety Requirements.
(a) A child care facility for mildly ill
children shall ensure that safe drinking water and other fluids consistent with
the child's physical condition are available at all times to all children in
care. Drinking fountains shall not be used.
(b) Only single-service articles may be used
for eating and drinking. Children may bring labeled items for their exclusive
use, which must be returned to the parent or legal guardian on a daily
basis.
(c) Diapering Requirements.
1. When children require cloth diapers, only
those brought from the child's home may be used, and must be returned to the
parent at the end of the day.
2.
Disposable gloves shall be used during all diaper changing activities. Gloves
shall be discarded after use on each child, following disposal of disposable
diapers or rinsing and sanitizing of cloth diapers. After gloves are discarded,
personnel shall wash their hands and the hands of the child prior to sanitizing
the diaper changing station.
(d) Indoor Equipment.
1. All washable toys, equipment, and
furniture used for one group of children with similar diagnoses in a child care
facility for mildly ill children shall be washed and disinfected before being
used by another group of children.
2. Non-washable toys brought from home may
not be shared, and shall be sent home daily.
(10) Fire Safety. Child care facilities for
mildly ill children shall conduct monthly fire drills when children are in
care. Subject to local fire authority's approval, evacuation of the premises
shall not be required; however, facilities shall ensure that the children are
taken at least to the point of exit. A current attendance record must accompany
child care personnel during a drill or actual evacuation and be used to account
for all children.
(11) Emergency
Procedures and Notification.
(a) Custodial
parents or legal guardians shall be notified immediately in the event of any
significant change in a child's illness or symptoms, accident or injuries
sustained at the facility, which are more serious than minor cuts and
scratches, and their specific instructions regarding action to be taken under
such circumstances shall be obtained and followed. If the custodial parent or
legal guardian cannot be reached, the facility operator will contact those
persons designated by the custodial parent or legal guardian to be contacted
under these circumstances, and shall follow any written instructions provided
by the custodial parent or legal guardian on the enrollment or registration
form.
(b) Child care facilities for
mildly ill children shall make arrangements with the parent or legal guardian
for obtaining medical evaluation or treatment for a child, if necessary as
determined by the licensed health caregiver and program policies.
(c) Child care facilities for mildly ill
children shall obtain emergency medical treatment without specific parental
instruction when the parent or legal guardian cannot be reached and the nature
of the illness or symptoms or injury is such that there should be no delay in
obtaining medical treatment, as determined by the licensed health caregiver or
other qualified health professional.
(d) Child care facilities for mildly ill
children shall call the parent or legal guardian immediately when a child's
illness or symptoms worsen to the degree that the child meets criteria for
exclusion from the program, as outlined in subsection
65C-25.002(4),
F.A.C.
(12) Dispensing of
Medication. Medication shall be returned to the parent or legal guardian at the
end of each day.
(13) Food and
Nutrition.
(a) Child care facilities for
mildly ill children shall ensure that menus for children can be modified to
meet the individual needs of each child in care.
(b) A kitchen area may be shared with other
components of the facility; however, child care personnel providing child care
for the mildly ill children shall not be involved in food
preparation.
(14)
Children's Records.
(a)
Enrollment/Registration Information. The facility operator shall obtain
enrollment information from the child's custodial parent or legal guardian,
prior to accepting a child in care. This information shall be documented on
CF-FSP Form 5241, Dec 2019, Application for Enrollment in Specialized Child
Care Facilities for Mildly Ill Children, which is incorporated by reference and
available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11411,
or an equivalent from that contains all the following information required by
the department's form:
1. Child's name, age,
date of birth, sex.
2. Parent or
legal guardian's name.
3. Employer
name.
4. Home, work and cell
telephone numbers.
5. Person and
telephone number to call in case parent cannot be reached.
6. Child's physician and telephone
number.
7. Allergies and type of
reaction and specific interventions in case of allergic reaction.
8. Present and past prescriptions and
childhood diseases.
9. Current
Diet.
10. Special areas of concern
and special needs of assistance.
11. Diapering
requirements.
(b)
Children's files shall contain signed statements that the child care facility
for mildly ill children has provided the following information to parents:
1. Admission policy.
2. The program's infection control
procedures.
3. Methods for the
daily care of children, including the child's progress.
4. Procedures for the care and referral for a
medical evaluation for children who exhibit worsening symptoms, including a
listing of those symptoms.
5.
Policy and procedure for child care personnel communication with parents and
health care providers.
6.
Discipline and expulsion policies.
Rulemaking Authority
402.302,
402.305,
402.310 FS. Law Implemented
402.302,
402.305,
402.310
FS.
New 5-21-00, Amended 7-13-03,
12-29-19.