12390991, 65C-13.023 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12390991

Notice of Proposed Rule

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Family Safety and Preservation Program

Chapter:

FOSTER CARE LICENSING

Overview

RULE:

65C-13.023	Background Screening Requirements (Repealed)
65C-13.024	Parent Preparation Pre-service Training (Repealed)
65C-13.025	Initial Licensing and Unified Home Study (Repealed)
65C-13.026	Continuing Education (Repealed)
65C-13.027	Changes During the Licensed Year (Repealed)
65C-13.028	Re-Licensing (Repealed)
65C-13.029	Licensed Out-of-Home Team Member Roles (Repealed)
65C-13.030	Standards for Licensed Out-of-Home Caregivers (Repealed)
65C-13.031	Terms of a License (Repealed)
65C-13.032	Over-Capacity Assessments and Exceptions (Repealed)
65C-13.033	Babysitting, Overnight Care, Extended Overnight Care, and Other Supervision Arrangements (Repealed)
65C-13.034	Foster Care Referrals and Investigations (Repealed)
65C-13.035	Administrative Actions, Appeals and Closures (Repealed)

PURPOSE:

This rule establishes licensing requirements for children placed in licensed family foster homes.

SUMMARY:

The Department has amended several rules within Chapter 65C-13, Substitute Care of Children, to accomplish the following tasks: 1) make the rule language reflective of legislative changes, 2) add language to promote the role of foster parent as team member, 3) add language to outline foster parents’ role in teaching life skills, engaging in child’s schoolwork, and promoting educational success, and 4) resolve issues of ambiguity and simplify language.  A summary of the rule changes are as follows:

Pre-Service Training: 	Adds language requiring prospective out-of-home caregivers to complete training regarding their role in the administration and monitoring of psychotropic medication and their role in the educational success and life skills development for children and youth in their care.

Continuing Education:	Adds language to outline requirements for life skills and normalcy, extracurricular activities, and promoting educational success.

Licensed Out-of-Home Team Member Roles in the promotion of life skills: Adds language regarding the role of foster parents as valued and respected members of a child welfare team which supports children and youth in out-of-home care. Clarifies the foster parent’s responsibility to promote educational success by working with each foster child each day on homework and reading skills, and ensuring that homework is completed. Adds language requiring foster parents to support the child’s efforts to learn to drive a car and to obtain a learner’s permit and driver’s license as appropriate for their age, maturity level, and availability of insurance. Clarifies the expectation that foster families take children in their care on family vacations and trips whenever possible. Adds language requiring the child’s case manager to be notified of overnight trips exceeding one night and that these trips must not interfere with family visitation schedules. Clarifies that background screening is not necessary for the child to participate in normal school or community activities, such as dating, school field trips, Cub Scouts campouts and activities with friends, families, school and church groups. Adds language to allow the child to attend overnight or planned outings if the activity is determined by the licensed out-of-home caregiver to be safe and appropriate.

Babysitting, Overnight Care, and Other Supervision Arrangements: Clarifies that babysitting does not have to occur in a licensed setting. Clarifies that babysitters do not have to be background screened. Clarifies that foster parents are allowed to select families or individuals who are well known to them to care for the children. Requires babysitters under age 16 to take an educational course on babysitting. Adds language to grant the local Community-Based Care lead agency the authority to approve the educational courses on babysitting.

Licensing: Adds language to allow foster homes to be licensed for up to three-years, in accordance with law.
Adds language to require all prospective and licensed out-of-home caregivers to complete a firearms safety acknowledgement form. Provides guidelines for participation in the Attestation Model for licensing. Provides guidance regarding Interstate Compact regulations and the relocation of a foster child to another state. Clarifies that annual health inspections are not required for family foster homes licensed for more than one year. Adds language to require five year background re-screenings to include fingerprint checks with the Federal Bureau of Investigation. Provides safety standards for hot water temperatures, well water safety, and doors leading to swimming pools.

RULEMAKING AUTHORITY:

sections 39.012, 39.0121, Florida Statutes

LAW:

sections 39.0121, 409.175(5)(a)5., Florida Statutes

PRINT PUBLISH DATE:

12/14/2012 Vol. 38/91

COMMENTS:

From 12/14/2012 To 1/4/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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