Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65C - Family Safety and Preservation Program
Chapter 65C-46 - CHILD-CARING AGENCY LICENSING
Section 65C-46.012 - Admission, Placement, and Ongoing Services
Universal Citation: FL Admin Code R 65C-46.012
Current through Reg. 50, No. 187; September 24, 2024
(1) The child-caring agency shall have written admission procedures which:
(a)
Establish admission criteria which includes the ages of the children and young
adults to be served;
(b) List the
materials and forms required from the parent or guardian, or child-placing
agency, and child; and,
(c) For
runaway shelters, include written policies and procedures governing the
conditions under which it will serve children without parental
consent.
(2) The child-caring agency shall have written preplacement procedures which include a consideration of the needs of all children in the facility and professional staff expertise.
(3) All written admission and preplacement procedures shall be made available to the child, the child's parent or guardian, the child-caring or child-placing agency and the Department.
(4) The admission of each child in the care and custody of the Department to a child-caring agency shall follow completion of a pre-admission study completed by the child-placing agency, and shall include the following:
(a) A
determination that group care is appropriate for the child's needs. This
determination shall be based upon interviews with the child, parent or
guardian, or other persons with relevant information.
(b) A determination that the child-caring
agency proposed for placement can meet the child's needs without negatively
impacting the other children within the same facility or disrupting service
milieu.
(c) Orders of court
commitment or a voluntary placement agreement with parents or guardian, or or
child-placing agency.
(d) A social
history of the child, the child's family, and any other information required by
the child-caring agency.
(e) A
written placement agreement signed by the parents or guardian, or agency having
legal custody of the child admitted, including financial arrangements, and
regulations and procedures designated to encourage and facilitate parental
visitation.
(f) For transgender
youth, a determination whether the youth should be placed with their gender
listed on their birth certificate or their identified gender. Factors to be
considered shall include:
1. The physical
safety of the transgender youth;
2.
The emotional well-being of the transgender youth;
3. The youth's preference;
4. The recommendation of the youth's guardian
ad litem;
5. The recommendation of
the youth's parent, when parental rights have not been terminated;
6. The recommendation of the youth's case
manager; and
7. The recommendation
of the youth's therapist, if applicable.
(5) No child shall be denied services by any child-placing agency based on race, religion, gender, gender expression, sexual orientation, or transgenderism. A child-placing agency has the obligation to place each child in the most suitable setting according to that child's individual needs, taking into account the capacity of the placement to meet the child's needs, and the needs of the other children already placed in that setting.
(6) Age Differential.
(a) No child under the age of 10 years, or
the age of enrollment in the fifth grade of school, shall be admitted to a
child-caring agency.
(b) A child
under the age of 10 years old may be placed in a child caring agency under the
following situations:
1. When the
comprehensive placement assessment and the multidisciplinary team (MDT)
staffing recommend placement in a child-caring agency; and
2. When the child meets the eligibility
requirements for admission into a child caring agency.
(c) The age differential does not apply for
youth under the age of 10 when:
1. To prevent
separation of a parenting young adult and child when placement in a maternity
home is not feasible. If the parenting young adult and child are placed outside
of a maternity home, the child-caring agency shall provide the services
outlined in Rule 65C-46.017, F.A.C. The child of
the parenting young adult must meet the eligibility requirements for admission
into a child-caring agency.
2. A
non-dependent child meets the criteria for placement in an unaccompanied alien
minor home, emergency shelter, or runaway shelter.
(d) An MDT staffing must occur and approve
the placement for a child under the age of 10 prior to admission in each
individual child-caring agency.
(e)
A youth who turns 18 years old may remain in the child-caring agency if
receiving services under the Department's Extended Foster Care Program and Road
to Independence Program. Young adults may continue room sharing arrangements
until there is a disruption or transition, at which point the young adult can
no longer share a room with a minor. Young adults residing in the child-caring
agency are included in the overall capacity. All young adults age 18 and older
residing in a licensed setting serving children under the age of 18 must comply
with finger printing screenings and abuse check requirements pursuant to
paragraph 65C-46.023(4)(a),
F.A.C.
(f) The child-caring agency
can not admit a young adult who is 18 years old upon admission unless the
requirements under Rule
65C-46.023, F.A.C., are
met.
(7) Admission Orientation.
(a) The child-caring agency
shall provide prior to or at admission an orientation to living in the facility
for each child and the child's parent or guardian or child-placing agency
staff. The orientation shall include the following:
1. Rules of the facility;
2. Expectations for the caregivers;
3. Expectations for the child;
4. Services offered;
5. Behavior management practices;
and,
6. The inherent diversity of
group home populations, including race, ethnicity, gender, religion, sexual
orientation, gender expression, and transgenderism.
(b) The child-caring agency shall provide
each child, the child's parent or guardian, the child's attorney and guardian
ad litem, if appointed and requested, and the Department with written policies
governing the care of children, including visitation and discipline
policies.
(c) The child-caring
agency shall have written policies that encourage and support family visits,
mail, telephone calls, and other forms of communication with parents,
relatives, friends or others with whom the child may have a significant
relationship. A copy of the policies shall be provided to each child, the
child's parent or guardian, the child's attorney and guardian ad litem, if
appointed and requested, child-placing staff, and the
Department.
(8) The child-caring agency shall have a written agreement or plan with the child and parent or guardian, and the Department or the licensed child-placing agency which describes the following:
(a) The
frequency of contact with the child's family and staff from the
agency.
(b) A plan for sharing
information about the child's care and development with the parent or guardian,
and the Department.
(c) The
child-caring agency's participation in the ongoing evaluation of the child's
needs and progress.
(d) Visitation
plans for the child's parent or guardian, agency or the Department.
(e) Provisions for service or treatment plan
development and review.
(f) The
conditions under which the child will be discharged from the program.
(g) A designation of responsibility for
post-release services.
(9) The written agreement shall be kept in the child's file and shall be available for review by the Department.
(10) A trauma-informed approach shall be used in all child-caring agencies.
(11) Each child's needs and trauma history shall be considered when making roommate assignments.
(12) Service Plans.
(a) The child-caring agency shall initiate a
written service plan within 14 business days of placement and must be completed
by day 30 for each child admitted into care.
(b) Service plans shall outline details of
the supports, activities, and resources required for the child to achieve
individual goals. A service plan is not required if the child-caring agency
develops a treatment plan.
(c) The
service plan shall be developed with input from the child, child's parents or
guardian, child welfare professional, the child's attorney and guardian ad
litem, and other appointed representatives and a representative of the
referring agency, if appropriate; and child-caring agency staff.
(d) The service plan shall include the
following:
1. An assessment of the child's and
family's needs, strengths, weaknesses, and problems;
2. An assessment of the child's life skills;
educational, vocational, recreational and physical and behavioral health needs;
and a plan for meeting the child's needs;
3. Arrangements for individual or group
counseling, as needed; and,
4. A
projection in regard to the child's length of stay and an initial plan for
discharge.
(e) The
child-caring agency shall review each child's service plan every 30
days.
(f) The child-caring agency
shall update the service plan as needed or at least every six (6)
months.
(g) The update shall
involve the child, the facility staff members working directly with the child,
the parent or guardian, and the child-placing agency or Department.
(h) At the time of the update, the service
plan shall be revised to include the following:
1. Progress made toward achieving the goals
established in the previous service plan.
2. Any changes in the service plan.
3. A projected date for the child's release
from care.
(13) Treatment Plans.
(a) Child-caring agencies
responsible for developing treatment plans must complete written plans within
14 business days of placement for each child admitted into care.
(b) The treatment plan shall be developed
with input from the child, child's parent(s) or guardian, child welfare or
community-based care case manager, foster parents, if applicable, child's
attorney, and guardian ad litem, if appointed, or any other party involved with
the development of the plan.
(c)
The treatment plan shall include the following:
1. Treatment goals;
2. Action steps which will be taken to
accomplish identified goals;
3.
Target dates for the accomplishment of action steps and goals;
4. A description of the services to be
provided and the frequency of such services;
5. The assignment of a primary therapist or
counselor;
6. The youth's
diagnosis, including diagnostic codes; and
7. Discharge criteria.
(d) The child-caring agency shall review each
child's treatment plan at least every 30 days. The review shall involve the
child, the facility staff members working directly with the child, the parent
or guardian, and the child-placing agency or Department.
(e) The treatment plan shall be updated as
needed or at least every six (6) months.
(f) The treatment plan shall be reviewed and
signed by the youth, if appropriate, and clinician and placed in the child's
file.
(14) Education and Vocational Requirements.
(a) Each child in
residence shall attend school in accordance with Section
1003.21(1)(a),
F.S. The child-caring agency shall plan jointly with school personnel and the
parent or guardian or child-placing agency staff to place children in
appropriate grades and classes and to help them make an adjustment to their
school.
(b) Maintaining the child's
school stability while in out-of-home care in the school or educational setting
the child attended prior to entry into the facility is first priority, unless
remaining in the same school or educational setting is not in the best interest
of the child for safety or other reasons as documented in the state's official
system of record. Children shall be encouraged to participate in afterschool
clubs, sports, and other extracurricular activities.
(c) If an on-campus educational program is
provided to resident children, the program shall be designed to meet the
educational needs of each child. All on-campus educational programs must be
accredited.
(15) If non-school age children are enrolled in child care, priority consideration for the choice of child care setting shall be chosen by the caregiver in the following order:
Gold Seal accredited child care providers or providers participating in a quality rating system,
Licensed child care providers,
Public school providers,
License exempt child care providers, including religious exempt, registered, and non-public schools.
(a) Child-caring agencies which provide
therapeutic or psychiatric treatment programs shall integrate such programs
with the child's educational program.
(b) The child-caring agency shall encourage
children of legal work age to find employment in the community in accordance
with the service or treatment plan. The child welfare professional is
responsible for ensuring the child's transition plan is aligned with the
child's service or treatment plan. The child-caring agency shall ensure
children have transportation to and from their employment.
(c) The child-caring agency shall encourage
and assist children, as age-appropriate, to explore opportunities for higher
education.
(d) The child-caring
agency shall provide education and hands-on instruction in life skills which
shall include the following:
1. Vocational
exploration opportunities;
2.
Problem solving and decision making;
3. Independent living skills;
4. Social skills;
5. Internet safety; and
6. In maternity homes, parenting skills and
family planning.
Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(5) FS.
New 7-1-87, Formerly 10M-9.041, Amended 10-20-16, 5-26-21, Formerly 64C-14.040, Amended 7-27-22.
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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