Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65C - Family Safety and Preservation Program
Chapter 65C-46 - CHILD-CARING AGENCY LICENSING
Section 65C-46.014 - Administrative Actions, Appeals and Closures

Universal Citation: FL Admin Code R 65C-46.014

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

(1) General Information. The Department is the Regional Licensing Authority for all child-caring agencies and has final authority for approval, denial or suspension of any license.

(a) The denial, revocation, or suspension of a license shall be recorded in the state's official system of record by the Regional Licensing Authority.

(b) The Regional Licensing Authority shall notify the community-based care (CBC) lead agency immediately of negative action taken regarding a license.

(2) Denial of Initial Licensure.

(a) The Regional Licensing Authority shall have 90 days following receipt of a complete application packet to grant or deny the application in accordance with Section 120.60, F.S.

(b) If the Regional Licensing Authority determines that the applicant should not be licensed, 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 writing in the licensing file.

(3) Administrative Action for Existing Child-Caring Agencies.

(a) If a licensing violation requires the children to move out of the home temporarily while the violation is remedied, then the license must be suspended.

(b) The Department shall consider the following factors when determining whether a child-caring agency's license will be revoked:
1. Whether the agency has had licensing violations during the term of the license,

2. Whether the agency has a history of institutional abuse reports, as outlined in Section 39.302(7), F.S.,

3. Whether the licensing violations compromise the safety or well-being of children,

4. Whether the agency has the ability to protect the children in care,

5. Whether the agency has failed to comply with a corrective action plan during the term of the license; and,

6. Whether the agency has the ability and willingness to implement a corrective action plan.

(c) If as a result of the investigation the Department makes a decision not to revoke, suspend, or deny further licensure, the Department shall prepare a written corrective action plan to correct the deficiencies.
1. The plan shall be developed in conjunction with the child-caring agency.

2. The plan shall be in writing and signed by the executive director or designee of the child-caring agency. A copy of the plan shall be provided to the agency.

3. Failure of the child-caring agency to timely comply with the corrective action plan shall result in suspension, denial of relicensure, or revocation of the license.

(d) If as a result of the investigation the Department makes a decision to revoke, suspend, or deny further licensure, notice shall be delivered via personal service or certified mail pursuant to Section 120.60(5), F.S., which shall include the statutory and rule violations that were found, shall advise of the action to be taken, and the right to challenge the action through an administrative proceeding as provided in Chapter 120, F.S.

(4) Documentation Requirements Prior to Administrative Action.

(a) Before making a determination that a license shall be denied, suspended or revoked, the following shall be documented in the licensing file:
1. All qualifying abuse reports and all reports of licensing violations and the outcome of the investigation,

2. List of all deficiencies or conditions, other than abuse or neglect of the children, which compromise the safety or well-being of the children,

3. The length of time and frequency of the noncompliance with the licensing requirements or deficiencies in caring for children,

4. The date of written notification to the licensee as to the deficiency and time given to the licensee to correct the deficiency,

5. The Regional Licensing Authority's and/or CBC lead agency's efforts to help the licensee come into compliance,

6. Barriers, if any, which prohibit the licensee from correcting the deficiencies; and,

7. All license revocations and denials shall comply with requirements of Chapter 120, F.S.

(b) All documentation shall be reviewed with the Department's legal counsel. The notice of revocation or denial shall not be sent to the child-caring agency without approval of the Department's legal counsel.

(5) Agency Closures.

(a) If a child-caring agency closes voluntarily, it shall notify the Department in writing at least 30 calendar days prior to closing.

(b) All child-caring agencies who cease operation, for any reason, shall coordinate the following:
1. Transition of any children in its care to the applicable child-placing agency or to the Department; and,

2. Return of all open and closed records to the Department within 30 days of closure.

(c) The Department shall document in the state's official system of record:
1. The reason for closure and whether re-licensing would be recommended,

2. If renewal would not be recommended, the reasons re-licensing would not be recommended,

3. If the closure is voluntary and in lieu of revocation or denial of a license, the concerns of the Department regarding the child-caring agency,

4. Confirmation of open and closed records received.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(5)(b)1., (6), (9)(a) FS.

New 10-20-16, Amended 7-6-21, Formerly 64C-14.116.

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