Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65C - Family Safety and Preservation Program
Chapter 65C-46 - CHILD-CARING AGENCY LICENSING
Section 65C-46.004 - Buildings, Grounds, Equipment and Interior Accommodations

Universal Citation: FL Admin Code R 65C-46.004

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

(1) Grounds, Equipment, and Recreational Areas.

(a) The grounds shall be well kept.

(b) Indoor and outdoor recreation areas shall be provided with equipment and safety measures designed for the needs of the resident children according to the age, physical and mental ability of the children.

(c) Safety regulations shall be established for all hazardous equipment and children shall be prohibited from the use of such equipment unless it is included in planned work experience.

(d) Pools shall meet the requirements of Chapter 515, F.S.

(e) The recreational area shall be safe and free from hazardous conditions. Recreational equipment shall have no jagged or sharp projections or other hazardous construction and shall be maintained in a structurally sound condition.

(f) Outdoor recreational areas shall be well-drained and kept free of litter and trash.

(2) Interior Accommodations.

(a) The facility shall be decorated and furnished to create a homelike environment. Furnishings shall be safe, easy to maintain, and selected for their suitability to the age and development of the children in care.

(b) Living Room: The building or cottage shall have one (1) centrally located living room, or in the case of wilderness camps another form of meeting space, for the informal use of children, large enough to accommodate indoor recreational use.

(c) Dining Area: The building or cottage shall have one (1) or more dining areas large enough to comfortably accommodate the number of children who reside there, as well as staff who dine with the children.

(d) Space shall be available for children to study quietly.

(e) If offices for administrative functions are housed in the facility, they must be separate from the children's living area.

(f) There must be adequate space to allow staff and clients to talk privately and without interruption.

(g) Bathrooms.
1. The facility shall have toilets, wash basins, and bathing units as follows:
a. At least one (1) toilet, washbasin, and tub or shower easily accessible to the bedroom area for every six (6) children,

b. Toilets and tubs or showers that provide for individual privacy.

2. The facility shall have bathrooms with non-slip surfaces in showers or tubs, toilet paper and holders, and individual hand towels or disposable paper towels, mirrors at a height for convenient use by children and a place for storage of toiletries unless storage is provided elsewhere.

3. A facility that cares for nonambulatory children shall have grab bars in toilet and bathing areas and doors wide enough to accommodate a wheelchair or walking device.

(h) Bedrooms.
1. Child-caring agencies shall not permit nonambulatory children to sleep above the first floor.

2. Child-caring agencies shall provide each child with a closet or chest of drawers for clothing and personal belongings which shall be reserved solely for the individual child's use.

3. Child-caring agencies shall provide each child with a safe, permanent, and comfortable bed and non-institutional mattress in good repair. The beds shall be no shorter than the child's height and no less than 30 inches wide. Where bunk beds are used, there shall be sufficient room to allow the occupants of both bunks to sit up in bed. Bunk beds shall be safe and sturdy. Bunk beds shall be equipped with safety rails on the upper tier for any child whose physical, mental, or emotional condition indicates the need for such protection. Beds bunked higher than two (2) tiers must have a manufacturer sticker of safety and must not be placed under or near ceiling fans. Cribs with drop-down sides, foldaway beds, and cots shall not be utilized.

4. Children over 36 months of age shall not share a bedroom with a child of a different gender unless efforts are being made to maintain a sibling group or doing so is required for the safety or wellbeing of each child. The group home, licensing agent and case manager shall work together in determining arrangements for the safety and best interests of each child involved and obtain written approval from the community-based care agency. Rationale for any decision made for children over the age of 36 months to share a bedroom with a child(ren) of a different gender shall be documented in the state's official system of record.

5. Clean sheets, pillows, pillow cases, and blankets shall be provided to each child upon arrival. Sheets and pillowcases shall be changed at least once a week.

6. Children shall have the opportunity to personalize and decorate their bedrooms with furnishings and possessions. Personalizations should not display any offensive or discriminatory material. The child-caring agency shall review the policies outlining offensive or discriminatory items with the child upon admission.

(i) Laundry. Laundry facilities shall be located in an area separate from areas occupied by children. If children are allowed to participate in the laundering of their personal items, space for sorting, drying, and ironing shall be made available.

(3) Buildings.

(a) The facility shall have outside ventilation by means of windows, louvers, air conditioners, or mechanical ventilation in rooms used by children.

(b) The facility shall have screens for each window and door used for outside ventilation.

(c) The facility shall have light fixtures to provide for the comfort and safety of children. Classrooms, study areas, bathrooms and food service areas shall be illuminated.

(d) All incandescent bulbs and fluorescent light tubes shall be protected with covers or shields.

(e) Hallways to bedrooms shall be illuminated at night.

(f) The facility shall have at least one (1) bedroom for every four (4) children. However, if the applicant or licensee, in a written request, demonstrates that it is in the best interest of each child in a particular set of children in a particular circumstance to have more than four (4) children in a bedroom, the Department, upon on-site inspection, shall grant the request if it determines that the evidence and statement support the applicant's or licensee's request. The approval of the request shall be valid only for the particular set of children in the particular circumstances cited in the written request. The bedrooms shall have 50 square feet for the initial occupant and an additional 50 square feet for each additional occupant, and a ceiling height of at least 7 feet, 6 inches. Programs established prior to July 1, 1987, may utilize dormitory style bedrooms, but new construction or facilities applying for initial licensure must comply with the size and occupancy requirements.

(g) All interior areas of the facility occupied by children shall be temperature-controlled in a manner conducive to comfort, safety, and privacy. Table fans and floor fans shall have protective covers.

(h) The child-caring agency seeking restitution for injury or damages caused by foster children shall submit a state institutional claim for damages with the applicable child welfare professional to file on behalf of the agency, as referenced in Section 402.181, F.S.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(5)(b)2., 3. FS.

New 7-1-87, Formerly 10M-9.016, Amended 10-20-16, 5-26-21, Formerly 64C-14.007.

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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