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

Universal Citation: FL Admin Code R 65C-45.003

Current through Reg. 50, No. 187; September 24, 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.

(b) The child-placing agency completing the Unified Home Study shall, at a minimum, conduct one (1) visit to the applicant's home, inspect the entire indoor and outdoor premises, document the conditions, and conduct face-to-face interviews with all household members. The dates, names of persons interviewed, and summary of these interviews shall be documented in the Unified Home Study.

(c) The supervising agency is responsible for advising the applicant of all rules, regulations, and standards that apply to the applicant if a license is issued.

(d) If an emergency/planned placement home study has been denied due to a caregiver or current household member having a criminal history disqualifier pursuant to Section 39.0138, F.S., the child welfare professional is not required to complete a level I licensure.

(2) Attestation may be used during the initial licensure and re-licensure of a family foster home. The Department issues the license based on the community-based care lead agency's attestation that the licensure or re-licensure file complies with state law and rule. If the child-placing agency is not contracted with a community-based care lead agency, it may submit its attestation directly to the Department.

(a) "Attestation for Foster Home Licensure, " CF-FSP 5357, April 2020, is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11818.

(b) Community-based care lead agencies participating in the attestation model for licensure must enter into a Memorandum of Agreement with the Department. The "Memorandum of Agreement for Adoption of Attestation Model for Family Foster Home Licensing, " CF-FSP 5356, (August 2022), is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14665.

(3) Initial Licensing Unified Home Study. A staff person, certified pursuant to Section 402.40, F.S., from the supervising agency shall perform a thorough assessment of each prospective licensed out-of-home caregiver and document this assessment in the Unified Home Study section of the child welfare information system. The assessment shall include:

(a) Demographics, including:
1. Names, dates of birth, addresses, and contact numbers for the caregiver(s), other household members, including biological children, and non-resident children of caregivers;

2. Verification of Social Security information; and

3. Names, dates of birth, and types of placement of all children who are currently placed in the home (by the Department or another agency) and who exited the home within one (1) year from initiation of the UHS.

(b) Verification of background checks.

(c) Employment. Description of the current employment status for each parent, including occupation, place of employment, work hours, and flexibility of schedule in case of emergencies, medical, or school appointments for children.

(d) Financial Capacity and Income. Description and documentation of the applicant's current financial capacity and how the impact of the additional children in the home will be addressed.

(e) Child Care. Description of child care arrangements, including transportation to and from the child care provider, if applicable.

(f) Assessment and Unified Home Study details, including the following:
1. Current or past experiences with child abuse or neglect, alcohol and/or substance abuse, alcohol and/or substance abuse treatment, and domestic violence;

2. Any health or mental health conditions, including medication(s);

3. How the caregiver(s) is (are) able to participate in a professional team supporting the child by sharing necessary information with other professionals on the team and maintaining the confidentiality of the child and caregiver as required by law, regulation, and professional ethics; participating in planning activities, court hearings, staffings, and other key meetings; and

4. How the caregiver(s) is (are) willing and able to make a loving commitment to the child(ren)'s safety and well-being by:
a. Providing supervision and positive methods of discipline;

b. Encouraging the child in his or her strengths and respecting the child's individuality and likes and dislikes;

c. Providing opportunities to develop the child's interests and skills;

d. Maintaining awareness of the impact of trauma on behavior;

e. Involving the child in family and community activities;

f. Providing transportation to child care, extracurricular activities, and school (if requested by the community-based care lead agency. This request shall not be made to circumvent the requirements of the Every Student Succeeds Act (ESSA), 20 U.S.C. ss. 6301 et seq. (2018), incorporated by reference and https://www.flrules.org/Gateway/reference.asp?No=Ref-11822; and

g. Ensuring the child's safety by employing safety measures, including in the household, for transportation, and with pets.
(I) Transportation. The licensed out-of-home caregiver shall have access to transportation available 24 hours a day. All vehicles used to transport children shall be in safe condition and equipped with seat belts for each child transported as required by Section 316.614, F.S., and car seats as required by Section 316.613, F.S. The licensed out-of-home caregiver shall not knowingly allow children to be transported in an uninsured vehicle. Vehicles shall be smoke free, including e-cigarettes and vapor smoke, when children are being transported. The licensed out-of-home caregiver shall ensure safety equipment is utilized.

(II) Animals. Provide a description of any household pets, exotic pets, or livestock residing on the premises. Descriptions shall include observations of the care, behavior, and/or maintenance and safety plan relating to each animal. The applicant shall have measures in place to assure safety of children from any potentially dangerous animals, and this information shall be documented in the home study, if applicable;

5. How the caregiver(s) is (are) willing and able to respect and honor any child's culture, religion, and ethnicity; meet any child's special physical or psychological needs; support any child's individual situation. If the caregiving family's religion, culture, or other factors will impair their ability to meet the needs of certain children, an explanation of what the family's limitations are, and how limitations could impact children placed in their home.

6. How the caregiver(s) is (are) willing and able to commit to maintaining any child they accept in their home until it is in the child's best interest to leave the home. An explanation of any problems a long-term commitment may present for the caregiver.

7. How the caregiver(s) will address challenges in caring for a child, including available supports and resources. These challenges may include, for example, fire setting, sexual reactive behaviors, mental health, substance abuse, and reactive attachment behaviors, and may potentially require a Child Placement Agreement. The "Child Placement Agreement, " CF-FSP 5414, Jan 2017, is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11821.

8. How the caregiver(s) is (are) willing and able, when applicable, to participate in transition planning for any child, and maintaining a relationship with any child after he or she leaves the home.

9. How the caregiver(s) is (are) willing and able to assist the caregiver(s) from which the child was removed in improving their ability to care for and protect the child and to provide continuity for the child after reunification.

10. How the caregiver(s) is (are) willing and able to assist any child in family time/visitation and other forms of communication with family members, when applicable.

11. How the caregiver(s) will:
a. Maintain records that are important to any child's well-being, including child resource records, medical records, school records, photographs, and records of special events and achievements.

b. Ensure that these records are made available to other partners in the child welfare system and to the child and family, as applicable.

12. How the caregiver(s) is (are) willing and able to advocate for children in their care, as needed, with the child welfare system, the court, and community agencies, including schools, child care, health and mental health providers, and employers.

13. A description of previous parenting experience, if applicable.

14. How the caregiver(s) is (are) willing and able to participate fully in any child's medical, psychological, and dental care, including providing transportation to and from, attending appointments, and communicating with professionals.

15. How the caregiver(s) is (are) willing and able to support any child's school success by:
a. Participating in school activities and meetings, including disciplinary and/or Individualized Education Plan (IEP) meetings;

b. Assisting with school assignments, supporting tutoring programs, meeting with teachers and working with an Educational Surrogate, if one has been appointed, and encouraging any child's participation in extra-curricular activities;

c. For any child who has a disability or is suspected of having a disability, attending Educational Surrogate Parent training, if needed or recommended by the court, and thereafter advocating for the child(ren) in the school system; and

d. Maintaining any child(ren) in the school of origin, unless it is not in the child(ren)'s best interest to do so, or maintaining any child(ren) in the school of origin until a logical juncture in the academic year, if it is not possible or not in the child(ren)'s best interest to remain in the school of origin for the remainder of the school year.

(g) Applicant's motivation to foster and his or her commitment to the foster care experience, including how other family members and extended family feel about the decision to foster.

(h) Attendance and/or completion of any training related to licensure, including pre-service training, and home interview dates.

(i) Other Adult Household Members. The responsibilities the applicant(s) will expect the other adults in the household to have with children placed in the home.

(j) Social History. A description of the following shall be included:
1. Background and Family History. Background and family history, including education, types of discipline used in the family, the family's willingness and ability to use appropriate discipline as described in the "Partnership Plan for Children in Out-of-Home Care, " incorporated by reference in subsection (1) of this rule, family values, and any prior residences in or out of Florida.

2. Marital Status and Other Significant Relationships.

3. Health. Applicants will be required to fully disclose health history for themselves and each member of the household, to include current physical, mental, or emotional health status, any condition that is progressive and debilitating in its course, and any past and current treatment and services received for such condition. A current physical shall not be required unless the applicant has disclosed a physical, mental, or emotional condition that jeopardizes the safety and permanency of the child's placement.

4. Parenting experience of each applicant. All of the applicant's children, including adult children, shall be identified whether they reside in the home or not. If the applicant has parenting experience with children other than their biological or adopted children, circumstances under which this experience was acquired shall be discussed. This section should also include a description of the experience, as opposed to just listing the identities of the applicant's children or the children they may have parented.

5. Family Life. Document observations of family members' personalities and their interpersonal relationships. Describe family activities, hobbies and interests, and civic involvement, including how children placed in the home will participate in these activities, as well as family vacations. For each child living in the home, describe the child's school, grades, achievements, and interests. Describe each child's relationship with the applicant(s) and siblings in the home, as well as his or her feelings about having a foster child in the home.

6. Religion. Assess and document the family's attitudes regarding seeking medical treatment, celebrating holidays or birthdays, and respecting the religious beliefs of the child's family of origin.

(k) Home and Neighborhood:
1. Physical description of the home, including the number of bedrooms and bathrooms, type and number of available beds and current sleeping arrangements, storage space for children's personal belongings, living area, dining area, and other interior space. Interior and exterior photographs must be included. Interior photographs shall include all common living areas, the child's bedroom and bathroom, the storage space for the child's personal belongings, and any other area to which the child may have access.

2. A description of safety precautions in the home, including location and verification of operating fire extinguishers and smoke detectors, storage of medications, cleaning supplies, toxins, and safety nets for trampolines. The description shall also include the storage of alcoholic beverages, location of burglar bars, fireplaces, handrails on stairways, and space heaters, if applicable.

3. Water Safety. A description of the outdoor area, including swimming pools, canals, ponds, lakes, streams, septic tanks, and other potential water hazards, and documentation of the counselor's discussion with the applicant regarding the requirements for supervision and how the applicant will ensure safety and adequate supervision.

4. A completed "Foster Home Inspection Checklist, " CF-FSP 5397, October 2020, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12290.

(4) All assessments, provider contacts, and documentation regarding individuals requesting licensure and the licensure process shall be documented in FSFN within 48 business hours of completion.

Rulemaking Authority 409.145(4), 409.175(5), 435.01(2) FS. Law Implemented 409.145(2), 409.175(5)(a)-(b), (6)(a)-(b), 435.04 FS.

New 4-26-20, Amended 11-9-20, 9-14-22.

Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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