Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65C - Family Safety and Preservation Program
Chapter 65C-45 - LEVELS OF LICENSURE
Section 65C-45.009 - Changes During the Licensed Year for all Levels of Licensure

Universal Citation: FL Admin Code R 65C-45.009

Current through Reg. 50, No. 187; September 24, 2024

(1) Law Enforcement Involvement. The licensed out-of-home caregiver shall report any household member's involvement with law enforcement to the supervising agency within one (1) business day of the occurrence. Law enforcement involvement includes arrests, incidents of domestic violence, driving infractions, and any local law enforcement response to the home over the course of the licensed year.

(2) When a licensed out-of-home caregiver makes a formal request to be placed on hold, no new children shall be placed in the home. Licensed out-of-home caregivers shall submit a written request to include the date at which they would like to accept children in their home.

(3) Household Circumstance Changes. In addition, the caregiver shall report to the community-based care lead agency within one (1) business day:

(a) A change in marital or relationship status, including reconciliation or separation;
1. When a licensed out-of-home caregiver marries, moves in with, or reconciles with an unlicensed spouse or partner, the unlicensed spouse or partner shall submit fingerprints for background screening prior to moving into the residence, unless previously completed.
a. The unlicensed spouse or partner shall also attend parent preparation pre-service training if not previously completed within the last five (5) years and meet all licensing requirements. The unlicensed spouse or partner shall have three (3) months from the date of marriage, moving in together, or reconciliation to complete pre-service training. If a determination has been made and documented in FSFN as to the unavailability of a pre-service training class, the unlicensed spouse or partner shall complete pre-service training within six (6) months.

b. Upon completion of pre-service training, the unlicensed spouse or partner shall complete and submit an "Application for License to Provide Out-of-Home Care for Dependent Children, " incorporated by reference in Rule 65C-45.003, F.A.C. Failure to meet the licensing and background screening provisions which may threaten the safety of any child in care or place the home in violation of the licensing standards is grounds for denial or revocation of an application or license.

c. Pending approval of the application, the home remains licensed and previously placed children may remain in the home pending the outcome of the assessment.
(I) No new children shall be placed in the home until the application has been completed and approved.

(II) The supervising agency will update the Unified Home Study, including interviews with all children in the home, verification of satisfactory background screening, and verification of income and expenses, and submit to the community-based care lead agency within 30 calendar days of marriage, moving in together, or reconciliation.

2. In cases of separation, divorce, or death of a spouse or partner, the supervising agency shall update the Unified Home Study summary and assess its impact upon the children placed in the home.
a. The Unified Home Study shall summarize the satisfaction of licensing requirements and shall include interviews with the children, if age appropriate, verification of income and expenses, and the remaining caregiver's plan to meet all financial obligations.

b. The updated Unified Home Study shall be completed in the Florida Safe Families Network (FSFN) and submitted to the Regional Licensing Authority within 30 calendar days of the change of status for issuance of an amended license.

(b) A change in household composition, including plans for changes in sleeping arrangements;

(c) A change of physical address;

(d) Changes in financial situation, such as bankruptcy, repossessions, and evictions;

(e) A physical or mental health issue that impacts the ability to provide care for the child;

(f) A change in contact information; and

(g) A change in employment or significant change in work or school schedule. A significant change is defined as one that impacts the ability to provide care for the child.

(4) The supervising agency shall assess and document the impact on the household within two (2) business days of learning one of these events has occurred or is likely to occur.

(5) All new household members age 18 and older shall be fingerprinted within two (2) business days of residence, and those fingerprints shall be submitted to the Florida Department of Law Enforcement within five (5) business days of the receipt of the fingerprints by the supervising agency. All household members shall meet the requirements for background screening.

(6) The supervising agency shall submit a new "Application for License to Provide Out-of-Home Care for Dependent Children, " incorporated by reference in Rule 65C-45.003, F.A.C., to the Regional Licensing Authority for the issuance of an amended license.

(7) Change of Location. A licensed out-of-home caregiver shall notify the supervising agency no less than 30 calendar days prior to the expected date of the relocation. The supervising agency shall update the Unified Home Study summary for submission to the Regional Licensing Authority for issuance of an amended license within 30 calendar days of the relocation.

(a) Within Region.
1. Changing location within the region shall require a new "Application for License to Provide Out-of-Home Care for Dependent Children, " incorporated by reference in Rule 65C-45.003, F.A.C., a new Unified Home Study for the new location, a satisfactory environmental health inspection of the new residence, disaster plan, and home emergency evacuation plan.

2. The supervising agency shall obtain all required documentation and submit it to the community-based care lead agency for review. The community-based care lead agency will submit all required documents to the Regional Licensing Authority to initiate the issuance of an amended license. Noncontracted supervising agencies shall obtain all required documentation and submit it directly to the Regional Licensing Authority.

3. The supervising agency shall complete at least one (1) home visit as part of the updated licensing home study.

4. If approved, an amended license shall be issued and shall expire on the same date as the previous license.

5. If licensure of the new home is not recommended and there are children currently placed in the home, the primary case manager shall assess whether alternative placement is necessary within four (4) hours of being notified by the supervising agency for licensing.

(b) Between Regions.
1. A licensed out-of-home caregiver who plans to move from one region to another and wishes to continue being licensed shall notify his or her current supervising agency at least 30 calendar days prior to the planned move. Coordination and responsibility for ensuring the transition of the license shall be as follows:
a. The supervising agency shall assist the licensed out-of-home caregiver in finding a supervising agency in the new region.

b. The current community-based care lead agency and supervising agency will work in partnership to secure a commitment from the receiving supervising agency in the new region to complete the requirements for licensing the new home.

2. The current supervising agency shall send the new supervising agency a copy of the licensed out-of-home caregiver's signed "Release of Information, " incorporated by reference in Rule 65C-45.001, F.A.C. Upon receipt, the new supervising agency shall access the family's information in FSFN. If the new supervising agency does not have access to FSFN, the current supervising agency shall provide a complete copy of the licensing file, including the new contact information for the out-of-home caregiver, to the new supervising agency.

3. The new supervising agency will contact the licensed out-of-home caregivers within five (5) business days upon notification of the relocation to begin the licensing process.

4. When currently placed children are relocating with the out-of-home caregiver, the new supervising agency shall submit the home study and completed application file according to the regional licensing submission process within 30 calendar days of notification of relocation.

5. The Regional Licensing Authority in the new region shall request any additional documentation required to ensure that all minimum standards and out-of-home caregiver expectations are met within 10 business days of receipt of the application file. If no additional information is required, the new license shall be issued within 10 business days of receipt of the complete application file.

6. If the decision is made to deny the new application, the Regional Licensing Authority will notify the applicant and supervising agency by certified mail within five (5) business days of the decision to deny, 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. If there are any children who moved with the caregiver from the former region, the Regional Licensing Authority will notify the new supervising agency within 24 hours of the decision to deny the application. The new supervising agency shall notify the former supervising agency and the contracted service provider responsible for courtesy supervision within 24 hours of receiving the notice. All possible placement options, the possible risk to the children, and their best interest shall be considered, and a decision made regarding their placement within 24 hours of receipt of the notification. The removal and placement of the children is the responsibility of the former supervising agency and the contracted service provider with primary responsibility for supervision of the children.

(c) Out of State. The same process as outlined for a change between regions is to be followed. However, if the children are to move out of state with the licensed out-of-home caregiver, the primary case manager is required to initiate an Interstate Compact for the Placement of Children request pursuant to Section 409.401, F.S.

(8) Change of Supervising Agency.

(a) A currently licensed out-of-home caregiver wishing to change providers shall notify in writing his or her current supervising agency.

(b) Within 15 calendar days of being notified of the requested change, the current supervising agency shall notify the Regional Licensing Authority. The desired supervising agency shall:
1. Request all information concerning the performance of the respective licensed out-of-home caregiver from the current supervising agency, including the agency's recommendation for licensure;

2. Consider the application and advise the applicant in writing of whether it does or does not find the family appropriate for transfer to its agency within 30 days of receipt of the application; and

3. Notify the sending agency and the Department of the determination.

4. If the family is found to be inappropriate for continued licensure, the supervising agency and Regional Licensing Authority shall deny the application, and the Department shall make the family aware of the appeal process. The denial and reason(s) for denial shall be recorded in FSFN by the supervising agency.

(c) Supervising agencies shall share all information concerning the performance of the licensed out-of-home caregiver, along with their recommendations, upon request.

(d) If the licensed out-of-home caregiver is accepted, the new supervising agency shall submit a new application packet according to the regional licensing submission process for issuance of the new license.

(e) If the request to change providers occurs during the licensure year, the new supervising agency need only submit a new "Application for License to Provide Out-of-Home Care for Dependent Children, " incorporated by reference in Rule 65C-45.003, F.A.C., and letter of acceptance in accordance with the regional licensing submission process.

(f) Upon notification, the Regional Licensing Authority shall have 15 calendar days to notify the licensed caregiver's requested supervising agency of the request to amend the license.

(g) The Regional Licensing Authority will issue an amended license to reflect the new supervising agency for the remainder of the established licensure year. The new supervising agency assumes all responsibility for the annual re-licensure activities.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(5) FS.

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

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