Current through Reg. 50, No. 187; September 24, 2024
(1)
Statement of Purpose. The child-caring agency shall have a written statement of
its purpose. The statement shall contain a description of all the services the
child-caring agency provides and the methods of service delivery. The statement
shall be available to the Department, referral sources, and the public on
request.
(2) Business Registration.
Child-caring agencies shall be registered to conduct business under Florida
law. Agencies incorporated outside of the State of Florida shall be authorized
to do business under Florida law.
(3) Governing Body. Each incorporated
child-caring agency shall have a governing body.
(a) For profit organizations shall maintain
advisory boards which review the operational policies and practices, inspect
facilities and programs, conduct interviews with children and staff members,
and review matters affecting the care of and services to children. Members of
advisory boards shall not have a proprietary interest in the child-caring
agency or program.
(b) The
child-caring agency shall maintain a list of the members of its governing body.
This list shall be available to the Department and shall:
1. Include the name, address, and term of
membership of each member; and,
2.
Identify each office and the term of that office.
(c) The governing body shall meet no less
than once per year. Membership of the governing body shall not be fewer than
five (5) members.
(4)
Responsibilities of the Governing Body.
(a)
Employ a qualified executive director, as prescribed in subsection
65C-46.011(8),
F.A.C., and delegate responsibilities to that person for the administration and
operation of the child-caring agency.
(b) Evaluate in writing the executive
director's performance annually.
(c) Approve the annual budget of anticipated
income and expenditures necessary to provide the services described in its
statement of purpose. The governing body shall also approve the annual
financial audit report.
(d)
Establish written personnel practices.
(e) Maintain written minutes of all meetings,
which shall be open to inspection by the Department.
(f) Develop written policies for selection
criteria and rotation of its members.
(g) Develop a written plan for the storage of
children's records in the event of the closing of the child-caring agency
and/or facility.
(5)
Grievance. The child-caring agency shall have a written and posted grievance
procedure which allows children in care or others to make complaints without
fear of retaliation.
(a) The grievance
procedure shall be written in a clear and simple manner that is developmentally
appropriate. It should be prominently posted in areas frequented by children
and where they can read it without scrutiny.
(b) The written grievance procedure shall be
provided to:
1. The Department.
2. At the time of admission, the child, his
or her parent or guardian, and the child's attorney and guardian ad litem, if
appointed and requested.
3. Others,
upon request.
(c) The
procedure must be explained to children and their families at the time of
admission.
(d) The child-caring
agency will post the phone number of the Department's Ombudsman
(1-844-KIDS-FLA) in areas frequented by children and where they can read it
without scrutiny.
(6)
Organizational Chart.
(a) The child-caring
agency shall maintain a current organizational chart showing the administrative
structure including the lines of authority. The organizational chart shall
indicate direct care roles and non-direct care roles. This chart shall be
available to the Department. The child-caring agency shall also maintain an
employee roster indicating staff with direct and non-direct roles.
(b) The child-caring agency shall provide
written notification to the Department's regional licensing team within 30 days
of changes in the agency's executive director, statement of purpose, admission
criteria, business name, address, or licensing setting.
(7) Finance. The child-caring agency shall
provide written documentation that it has sufficient funds to meet all
requirements for licensure.
(a) Facilities
beginning operation shall provide evidence of sufficient funding for operation
of the program for at least six (6) months.
(b) The child-caring agency shall prepare a
written budget annually.
(c) The
child-caring agency shall have financial records audited annually.
1. Financial audits are required for
nonprofit or for-profit child-caring agencies who expend equal to or in excess
of $750, 000 of state financial assistance, as outlined in Section
215.97, F.S. Annual audits must
be conducted by an independent certified public accountant (CPA) licensed
pursuant to Chapter 473, F.S.
2.
Child-caring agencies who do not meet the audit threshold must provide proof of
a financial review conducted by external auditors.
(d) If fees for services are charged, the
child-caring agency shall have a written policy which describes the
relationships between fees and services provided and the conditions under which
fees are charged or waived. This policy shall be available to any person upon
request.
(e) If funding is obtained
through public solicitation, a charitable permit for such solicitation shall be
procured as required by Chapter 496, F.S.
(8) Municipal, county, or other
governmentally operated residential child-caring agencies subject to licensing
under Section 409.175, F.S., shall, within
their administrative structure and as governed by other federal, state, and
local laws, provide for the duties and responsibilities described in this
section.
Rulemaking Authority
409.175(5) FS.
Law Implemented 409.175(5)(b)1., 8.
FS.
New 7-1-87, Formerly 10M-9.015, Amended 10-20-16, 5-26-21,
Formerly 64C-14.006.
