Current through Reg. 50, No. 187; September 24, 2024
(1) The
child-caring agency providing services for commercially sexually exploited
children (CSEC) must meet the licensing requirements set forth Rules
65C-46.001 through
65C-46.014, F.A.C., in addition
to the program requirements outlined in this rule.
(2) The child-caring agency shall submit the
following documentation to the Department's Licensing Authority for
certification as a Safe House:
(a)
"Application for Certification as a Safe Foster Home or Safe House," CF-FSP
5403, February 2015, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13067;
(b) Facility's security plan;
(c) Documentation of client services
provided;
(d) Copy of supervision
policies and procedures;
(e)
Documentation of specialized training hours completed for all staff;
and
(f) Documentation of compliance
with the requirements applicable to safe houses set forth in Sections
409.1678(2)(c)-(d),
F.S.
(3) The
child-caring agency shall ensure all direct care staff complete pre-service
training requirements in paragraph
65C-46.011(9)(c),
F.A.C., and an additional 24-hours of specialized training in commercial sexual
exploitation prior to unsupervised contact with youth. Specialized training
requirements are outlined in subsection
65C-43.004(4),
F.A.C. Staff must complete eight hours of continuing education annually focused
on human trafficking.
(4)
Appropriate Security. Individuals identified for the purpose of detecting human
trafficking activity and part of the emergency response to search for missing
children as outlined in s.
409.1678(2)(c),
F.S., must meet the following criteria:
(a)
Each child-caring agency shall have an employee, contracted individual, or law
enforcement agency who is:
1. On-site during
the evening hours between 7PM to 7AM, seven days a week, which must be outlined
in their policies and procedures; and
2. Available 24-hours a day, seven days a
week for response to search for missing children.
(b) Background Screenings and Trainings.
1. Hired Security: Shall complete background
screening requirements outlined in subsection
65C-46.011(4),
F.A.C., a Department approved training on missing children and personal
security, and training requirements outlined in subsection 65C-46.020(3),
F.A.C.
2. Contracted Security:
Child-caring agencies that contract with an individual must ensure the
individual:
a. Has two years of experience
working in the field of law enforcement, military, or investigations,
and
b. Met Level II background
screening requirements under s. 435, F.S., and
c. Has received missing children and human
trafficking training from the child-caring agency or as part of their prior
experience in 2.a.
3.
Law Enforcement Agency: A child-caring agency that contracts or executes a
memorandum of understanding with a law enforcement agency for security shall
not require additional trainings and background screenings.
(c) The child-caring agency must
ensure completion of trainings and background screening are maintained in the
personnel file for hired and contracted individuals.
(5) Policies and Procedures.
(a) The child-caring agency shall develop
policies and procedures for all services and security plans that meet minimum
standards as set forth in Section
409.1678(2),
F.S., including an emergency response plan with local law enforcement
agencies.
(b) Changes made to any
policies and procedures shall be submitted to the Department's Licensing
Authority within 10 business days of the proposed change. Changes shall be
reviewed prior to implementation to ensure they meet minimum standards as set
forth in Section 409.1678(2),
F.S.
(6) Safe House
Tiers. The child-caring agency shall indicate in its policy if they will serve
as a Tier 1 or Tier 2 safe house, with Tier 1 being least restrictive and Tier
2 being more restrictive.
(7)
Admission and Discharge.
(a) The admission
plan shall identify any exclusionary criteria and outline the intake and
discharge procedures. This shall include criteria for requests for change of
placement and early or unsuccessful discharge.
(b) Current or historical trauma-related
behaviors and coping mechanisms, such as the following, should not be used as a
reason to deny a placement request or discharge a youth, unless it can be
determined that such behavior will create an imminent risk to the safety or
stability of other residents in the home:
1.
Running away;
2. Non-violent
delinquent offenses (with consideration of violent offenses on a case-by-case
basis);
3. Recruitment or similar
behaviors;
4. Violent behaviors
that do not pose an imminent risk to others;
5. Mental health diagnoses that do not
require a higher level of care; or
6. Occasional substance abuse, separate from
deep end substance abuse which places the child in imminent danger and requires
detox.
(c) The
child-caring agency shall outline in their program policy responses to
behaviors, as mentioned in paragraph (7)(b) of this rule, that support and
develop the child's healthy recovery and resilience.
(d) Prior to a discharge determination, the
child-caring agency shall complete a re-evaluation of the child's service plan
and multidisciplinary team staffing with the case management agency and
community-based care's human trafficking liaison.
(8) Ratio.
(a) The facility shall have at least one
bedroom for every two children or young adults.
(b) There shall always be at least one direct
care staff member to every four children or young adults.
(c) The agency shall ensure 24-hour-a-day
supervision of the children and young adults in its care.
(9) Client Services. The child-caring agency
shall provide client services as outlined under Section
409.1678(2)(d),
F.S.
Rulemaking Authority
409.1678(2)(c),
(2)(e) FS. Law Implemented
409.1678
FS.
New 1-12-16, Amended 10-24-19, Formerly
65C-43.003, Amended 5-26-21,
Formerly 64C-14.119, Amended 7-27-22,
4-18-24.
