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

Universal Citation: FL Admin Code R 65C-45.004

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

(2) The complete application file shall be submitted in accordance with the traditional or attestation model for licensure.

(a) A request for additional information shall be submitted by the Regional Licensing Authority within 10 business days of receipt of the file.

(b) A licensing application file shall consist of the following documentation:
1. "Application for License to Provide Out-of-Home Care for Dependent Children, " incorporated by reference in Rule 65C-45.003, F.A.C.;

2. Licensing Unified Home Study;

3. Proof of income, including:
a. If the applicant is self-employed, verification of income and length of employment shall be obtained through the applicant's business license, date of incorporation, or IRS Form 1099;

b. If the applicant is not self-employed, verification shall be obtained via documentation from the applicant's employer that indicates the applicant's current employment and income. Employment verification must be current and within 30 days of submission to the licensing specialist.;

c. Documentation of any other legal verifiable income;

4. Parent Preparation Pre-service Training certificate;

5. Documentation of water safety training, if applicable. As a prerequisite to licensure, potential licensed out-of-home caregivers who have swimming pools or whose homes are adjacent to bodies of water unprotected by a barrier of at least four (4) feet high will be required to complete a basic water safety course administered by the American Red Cross, YMCA, or a trainer certified in water safety training. This requirement does not apply to homes with temporary wading pools or portable pools with a depth of less than two (2) feet;

6. Verification of criminal history screening for applicant and all household members as specified in Rule 65C-45.001, F.A.C., including:
a. "Affidavit of Good Moral Character, " incorporated by reference in Rule 65C-45.001, F.A.C.;

b. Local law enforcement check;

c. Civil court records check;

d. Florida Department of Law Enforcement records check;

e. Federal Bureau of Investigation clearance letter;

f. Abuse history background check through the Florida Safe Families Network (FSFN) which shall be documented on the "Central Abuse Hotline Record Search" form, incorporated by reference in Rule 65C-45.001, F.A.C.;

g. Requests for abuse and neglect histories from any other state in which the applicant or any other adult household member has resided during the past five (5) years; and

h. Records check of the Florida Sexual Offenders and Predators registry.

7. References for Level I caregivers shall include a minimum of one reference per applicant regarding the applicant's ability to meet the needs of the child. Personal references cannot be obtained from individuals related to the applicant;

8. All personal and adult child references must be completed through face-to-face interviews or telephonically. School or childcare references may be obtained electronically;

9. References for Levels II-V caregivers shall include:
a. Two (2) personal references who are not related to the applicant(s) and who have known the applicant(s) for at least two (2) years. Each of the two personal references must provide information related to the applicant's parenting skills. References must be verified either verbally or in writing by the supervising agency staff and documented in the Unified Home Study in FSFN.

b. References from the adult children of each applicant. These references shall address the applicant's suitability to become a licensed out-of-home caregiver. All unsuccessful attempts to solicit information shall be documented in FSFN, and the overall impact of the missing information considered as a part of the recommendation to grant or deny a license.

c. If any school-aged child residing in the home is currently enrolled in an elementary, middle, junior high, or high school, one reference from each school level is required. References shall be documented in the Unified Home Study in FSFN.

d. One reference from the child care provider of a preschool-aged child residing in the home who is enrolled in a child care program. References shall be documented in the Unified Home Study in FSFN.

e. References and documentation regarding any previous licensure as out-of-home caregivers.

10. Family Documents:
a. Valid driver's license(s); and

b. Proof of vehicle insurance.

11. All prospective licensed out-of-home caregivers must complete the "Acknowledgement of Firearms Safety Requirements, " form CF-FSP 5343, July 2017, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11816.

(3) Unless otherwise outlined in a "Memorandum of Agreement Adoption of the Attestation Model for Family Foster Home Licensing, " incorporated by reference in Rule 65C-45.003, F.A.C., the Regional Licensing Authority is responsible for ensuring that the licensing application file is complete and that all licensing requirements are met for the issuance of the license. If the child-placing agency is contracted with a community-based care lead agency, the licensing application file shall contain documentation of a review by the community-based care lead agency and the Regional Licensing Authority and a recommendation for approval or denial by the community-based care lead agency.

(4) If the application file is approved, a license shall be issued to the applicant(s). The license shall include the name and address of the caregiver(s), the name of the supervising agency, the licensed capacity, and the dates for which the license is valid. The Regional Managing Director or designee within upper level management shall sign the license. Any limitations shall be displayed on the license.

(5) A copy of the license shall be provided by the Regional Licensing Authority to the community-based care lead agency or supervising agency. The community-based care lead agency or supervising agency is responsible for ensuring the license is sent to the foster parent.

(6) When the Department determines that the application shall be denied, the Department shall within 10 business days notify the applicant by certified mail and supervising agency in writing, identifying the reasons for the denial of the license, the statutory authority for the denial of the license, and the applicant's right of appeal pursuant to Chapter 120, F.S. The denial and reason(s) for denial shall be recorded in FSFN by the supervising agency.

(7) Voluntary withdrawal of an application by an applicant shall be documented in FSFN and does not require formal action by the Department.

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

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

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