Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65C - Family Safety and Preservation Program
Chapter 65C-45 - LEVELS OF LICENSURE
Section 65C-45.012 - Relicensing requirements for all Levels of Licensure

Universal Citation: FL Admin Code R 65C-45.012

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

(1) Requirements.

(a) Relicensing procedures shall be initiated by the supervising agency and the relicensing file shall be submitted to the licensing authority at least 30 calendar days prior to expiration of the current license. However, if the attestation model is used, the relicensing file shall be submitted to the licensing authority at least 10 business days prior to expiration of the current license. The relicensing process shall not be initiated more than 90 calendar days prior to the expiration of the current license.

(b) The supervising agency shall conduct a minimum of one (1) face-to-face visit in the home and interview all household members prior to re-licensure.

(c) Out-of-home caregivers requesting to be relicensed shall complete the "Application for License to Provide Out-of-Home Care for Dependent Children, " incorporated by reference in Rule 65C-45.003, F.A.C.

(d) An applicant shall sign all required relicensing documentation.
1. If a home inspection was deemed satisfactory at initial licensure, a new home inspection is not required for five (5) years unless a change to the home has been identified. At the end of each five (5) year period, an updated satisfactory home inspection is required.

2. If an unsatisfactory home inspection was waived at initial licensure pursuant to paragraph 65C-45.005(5)(a), F.A.C., the homeowner shall advise the licensing specialist whether any changes to the home have been made since initial licensure. If changes have been made, a new home inspection shall be conducted. At minimum, a waived home health inspection must be reviewed at least every five (5) years.

3. Health inspections completed by the Department of Health shall be requested 60 days in advance of the home's relicensing due date to facilitate the receipt of an environmental health inspection report that indicates the home complies with the requirements specified in the "Foster Home Inspection Checklist, " prior to the expiration of the license. The "Foster Home Inspection Checklist" is incorporated in Rule 65C-45.003, F.A.C.

(e) The supervising agency shall ensure that all required background screening has been completed pursuant to Rule 65C-45.001, F.A.C., with the exception of subsection 65C-45.001(3), F.A.C.

(f) Applicants for renewal shall provide the agency with:
1. Documentation of at least one (1) hour of continuing education annually; and

2. A current driver's license and current auto insurance coverage information, as applicable.

The licensing specialist shall observe vehicles used for transporting children for seatbelt compliance and any obvious safety hazards and document any concerns in the Unified Home Study.

(2) Relicensing Unified Home Study for all levels of licensure. As a part of the relicensing application file, the supervising agency shall make a thorough assessment and evaluation of each licensed out-of-home caregiver and document this evaluation using the Unified Home Study module in FSFN.

(a) The licensing counselor shall inspect the entire premises of the home, including all interior and exterior areas, for continued compliance with licensing standards.

(b) In addition to the questions in the unified home study, the updated home study shall include an assessment of fostering experiences over the past licensing year, including:
1. Documentation of updated water safety training, if applicable;

2. Assessment of background screening, pursuant to Rule 65C-45.001, F.A.C.;

3. Updated evacuation and disaster preparedness plan if changes in the layout of the home or means of egress have occurred;

4. Description of how the licensed out-of-home caregiver has managed behavior with children placed in the home;

5.
a. Documentation of the licensed out-of-home caregiver's support and integration of children into the family, such as attendance at and involvement with children's activities, ensuring children have reliable transportation to school, social events, medical appointments, and inclusion in other family activities. The supervising agency will describe the licensed out-of-home caregiver's attentiveness to the provision of clothing and allowances to the children in his or her care.

b. Documentation of the level of cooperation of licensed out-of-home caregivers with the children's families, including visitation for children placed in the home during the previous licensing year. The supervising agency will describe how the family has worked with the supervising agency and other service providers.

c. Documentation of the licensed out-of-home caregiver's compliance with proper administration and monitoring of medication for children in out-of-home care and cooperation with medical directives and appointments, if applicable.

d. Documentation of the maintenance of school and resource records for each child in placement.

6. Investigations, Special Condition Referrals, Concerns or Complaints. A summary assessment of investigations and special condition referrals, incident reports, accidents and complaints during the previous licensing period; and

7. Summary. All forms and information obtained as a part of the relicensing process shall be summarized in a written narrative.

(c) The Unified Home Study shall be completed, reviewed, and approved in FSFN. The home study shall also be signed and dated by the counselor responsible for completing the study and the counselor's supervisor. The licensed out-of-home caregiver shall be offered an opportunity to sign the home study and must be provided a copy. The signature pages shall be uploaded as an attachment to the Unified Home Study in FSFN.

(4) Relicensing Process for all levels of licensure.

(a) A supervising agency shall conduct an annual relicensing evaluation of the agency's licensed homes in order to make a recommendation, prior to licensing expiration, to the Department regarding renewal of the family's license.

(b) If the region does not participate in the attestation model for license, the Regional Licensing Authority shall determine if the relicensing application file is complete and notify the community-based care lead agency in writing of the need for any additional materials or information within 10 business days of receipt of the relicensing list. The community-based care lead agency must submit the necessary materials or information to the Regional Licensing Authority within 10 business days of receipt of the written notice. A license cannot be issued until all information has been received.

(c) If approved, a license shall be issued to the applicant no later than 10 business days from receipt of the complete relicensing file.

(d) If the completed file of materials was received prior to the expiration of the existing license, upon approval the renewal date of licensure shall begin on the day the existing license expires.

(e) If the submitted application file is not complete at the time the existing license expires, the renewal date of licensure shall be the actual date of approval by the Regional Licensing Authority. No child shall be placed or remain in an unlicensed setting.

(f) A copy of the license shall be provided by the Regional Licensing Authority to the community-based care lead agency for dissemination to the supervising agency or directly to the supervising agency if the agency does not contract with the community-based care lead agency. The supervising agency is responsible for sending the license to the family.

(g) If the supervising agency or Regional Licensing Authority determines that the out-of-home caregivers have not met the standards for continued licensure, the licensing authority shall consult with the regional legal counsel, community-based care lead agency, and supervising agency concerning the appropriate course of action.

(h) If the Regional Licensing Authority denies the application for re-licensure, the applicant shall be notified in writing within 10 business days of the determination, identifying the reasons for the denial, the statutory authority for the denial and the applicant's right of appeal pursuant to Chapter 120, F.S. The applicant shall be afforded the opportunity to withdraw the application. If the applicant elects to withdraw the application, this must be documented in FSFN.

(5) Three-Year License. A family foster home shall not be issued a 3-year license unless the following criteria are met:

(a) The family has been licensed for at least the three (3) previous consecutive years.

(b) The family has not been the subject of a report of child abuse or neglect with verified findings of maltreatment or a foster care referral leading to a performance improvement plan/corrective action plan.

(c) The family is in good standing with the Department as evidenced by the following:
1. The family has not been placed on a performance improvement plan/corrective action plan during the last three (3) years.

2. The family has clear background checks. An exemption from disqualification pursuant to Section 435.07, F.S., shall not be considered a clear background check.

(6) Applicants Previously Licensed or Approved in another State or Region.

(a) If the applicants were licensed previously in another state or outside the region in which they are seeking licensure, the supervising agency shall make a written request to the previous licensing agency for a reference, copies of the initial and previous licensing studies, closing summaries, information about any complaints, foster care referrals or concerns expressed regarding the prospective family's parenting ability, reason for closure, and the results of their background screening and abuse history check.

(b) The written request and all information received from the originating state or region shall be included in the application file. All attempts to obtain the information shall be documented.

(7) Re-opening of Previously Licensed Out-of-Home Caregivers within the Region.

(a) If the applicants were licensed previously in the same region where they are currently seeking licensure, the supervising agency shall obtain and review information from the previous supervising agency which describes the applicants' performance and history as licensed out-of-home caregivers. All attempts to obtain the information shall be documented.

(b) Applicants shall complete all initial licensing requirements with the exception of pre-service training, if previously completed within five (5) years.

(c) All information received from the originating supervising agency shall be included in the application file.

(d) Required background screening for previously licensed out-of-home caregivers shall be completed no more than 12-months prior to the submission of the application.

(e) The requirements in subsection 65C-45.006, F.A.C., shall be met.

(8) 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(5), 409.175(5) FS. Law Implemented 409.145(2), 409.175(5), (6)(b) FS.

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

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