Fla. Admin. Code R. 65C-45.010 – Standards for all Licensed Out-of-Home Caregivers

(1) Requirements.
1. (a) All licensed out-of-home caregivers shall comply with subsections 65C-28.003(1), (3), (4), 65C-28.009(2), 65C-28.018(1), and Rule 65C-28.019, F.A.C.
2. (b) Placement capacity requirements shall comply with Section 409.175(3), F.S.
3. (c) Each licensed out-of-home caregiver shall sign a “Partnership Plan for Children in Out-of-Home Care,” incorporated by reference in Rule 65C-45.003, F.A.C. The agreement shall be reviewed and discussed with a licensing counselor prior to initial licensure and again at each re-licensure. The document must be signed by a representative from the supervising agency, the potential or licensed out-of-home caregiver, and at placement by the case manager.
4. (d) The child’s resource record (CRR) shall be maintained by the licensed out-of-home caregiver. The CRR is a standardized record developed and maintained for every child entering out-of-home care that contains copies of the basic legal, demographic, available and accessible educational, and available and accessible medical and psychological information pertaining to a specific child, as well as any documents necessary for a child to receive medical treatment and educational services. Where medical or educational information is not available and accessible, written documentation of the efforts made to obtain the information must be in the file. The CRR shall be housed where the child is placed and shall accompany the child to every health encounter and shall be updated as events occur.
(2) Physical Environment.
1. (a) Outdoor Area.
  1. The exterior of the home and premises shall be free from objects, materials, and conditions which constitute a danger to children. All garbage and trash shall be covered and removed regularly.
  2. The home shall have a safe outdoor play area on the property or within walking distance. All outdoor play equipment shall be kept in good repair. If the home is located on a busy street, there shall be a safety plan for supervision. There shall not be large, potentially dangerous items stored in the safe outdoor play area, such as old refrigerators, stacks of lumber and unregistered vehicles or boats.
2. (b) Water Safety and Supervision.
  1. The level of supervision for children in close proximity to any body of water, including swimming pools, shall be made by the licensed out-of-home caregiver pursuant to Section 39.4091(2)(c), F.S.
  2. Children who are placed in licensed homes which are adjacent to any body of water or that have swimming pools shall be instructed in water safety regardless of age or swimming capability.
  3. Wading pools shall be set up and maintained according to the manufacturer’s instructions. Wading pools shall be emptied and stored when not in use and shall be filled with clean water before each use.
  4. All pools above or in ground shall be equipped with at least one of the following life-saving devices: ring buoy; rescue tube; flotation device with a rope; or shepherd’s hook of sufficient length to cover the area.
3. (c) In Ground Swimming Pools.
  1. Swimming pools shall contain the safety features outlined in the Residential Pool Safety Act, Section 515.27, F.S. Homes with swimming pools licensed prior to the enactment of the Residential Pool Safety Act shall be considered to have met this requirement.
  2. All doors and windows providing direct access from the home to the pool shall comply with Section 515.27, F.S. All other barriers to the pool shall comply with Section 515.29, F.S.
  3. When the swimming pool is not in use, all entry points shall be locked.
4. (d) Above Ground Pools.
  1. If the sides of an above ground pool are at least four (4) feet tall, they may be used as the barrier for that pool.
  2. Above ground pools with steps or ladders shall have them secured, locked, or removed when the pool is not in use.
  3. If the pool cannot be emptied after each use, the pool shall have a working pump and filtering system.
  4. Hot tubs and spas not adjoined to an in-ground pool shall be required to have a safety cover that is locked when not in use.
5. (e) Interior Environment.
  1. The home shall have space and furnishings to accommodate the number of people living in the home and be accessible to all members of the family.
  2. Each child shall be provided with storage space for personal belongings and a designated space for hanging clothes in or near the bedroom occupied by the child.
  3. Bath and toilet facilities shall be clean and in good working order with a door for privacy.
  4. The door of each bathroom shall have a lock.
  5. The home shall be clean and free of hazards to the health and physical well-being of the family.
  6. All toys and equipment shall be in safe condition and kept clean and sanitary.
  7. All rooms used by children shall be at a comfortable temperature. Rooms shall be dry and well ventilated.
  8. All doors and windows used for ventilation shall be screened.
  9. Rooms used by children shall be clean and well lit.
  10. Homes shall be smoke free, including e-cigarettes and vapor smoke.
6. (f) Sleeping Arrangements and Personal Space.
  1. All sleeping areas shall be in bedrooms separate from the public areas of the house. Children’s bedrooms shall have space that allows for walking, personal storage, and sleeping for the number of children sleeping in the room.
  2. An adult shall be within sight and/or sound of rooms where children under six (6) years of age are sleeping.
  3. An adult shall have a means of access to all rooms of the house.
  4. Children of any age shall not sleep on a living room sofa, cot or foldaway bed as a regular sleeping arrangement.
  5. The entry to a child’s bedroom shall not be located so as to require the child to pass through another room (to include all bedrooms, offices, or rooms that are not common areas) or a bathroom in order to enter their bedroom.
7. (g) Family Foster Home Safety.
  1. All poisonous chemicals shall be in a locked location.
  2. Each licensed home shall have a first aid kit available and accessible to all caregivers.
  3. All medications shall be stored in a location that is locked and inaccessible to children.
  4. Alcoholic beverages shall be stored in a location out of reach of children.
  5. Storage of guns shall comply with the requirements of the “Acknowledgement of Firearms Safety Requirements,” incorporated by reference in Rule 65C-45.004, F.A.C.
  6. All water heaters shall be set at a temperature of 120 degrees Fahrenheit or below.
8. (h) Fire Safety.
  1. All homes shall comply with Chapter 69A-41, F.A.C.
  2. The home shall be safe from fire hazards. All combustible items shall be stored away from sources of heat. Exits, stairways and hallways shall be free of obstacles that would hamper an emergency evacuation. The home shall have at least two exits. All doors leading to the outside with locks shall be capable of being opened from the inside and outside.
  3. Heating and cooling units, washers, dryers, refrigeration systems, stoves and hoods shall be properly installed, vented and maintained, as determined during the assessment of the physical environment of the home or the health inspection.
  4. Each bedroom shall have at least two means of exit in case of emergency. Bedrooms above ground level must have a means of escape that will allow for safe exit. If the child’s bedroom is equipped with burglar bars, the caregiver shall demonstrate that the burglar bars can be released to allow exit. A key placed near a window does not qualify as an approved emergency release method. Age-appropriate training on opening of the burglar bars shall be provided to each child upon placement.
  5. The licensed out-of-home caregiver shall have an evacuation plan posted in a conspicuous place in the home. The plan shall specifically provide for the safe exit of children who are incapable of understanding the plan or participating in drills. This plan should be shared with all children as appropriate to their age and level of understanding upon placement in the home.
  6. Volatile materials shall not be stored where water heaters are located or near other sources of heat. Attic space shall not be used for the storage of volatile materials.
9. (i) Transportation Safety. The licensed out-of-home caregiver shall not transport children in truck beds, motorcycles, or any other high-risk method of transportation. The licensed out-of-home caregiver shall comply with Chapter 316, F.S., related to transportation of children.
(3) Food and Nutrition.
1. (a) Licensed out-of-home caregivers shall provide nutritionally balanced meals and age appropriate snacks daily.
2. (b) Licensed out-of-home caregivers are expected to provide for any special dietary needs of children placed in their home. The licensed out-of-home caregiver shall be sensitive to the parent’s input regarding special dietary needs.
3. (c) Licensed out-of-home caregivers shall not withhold food as a means of discipline or punishment.
(4) Discipline.
1. (a) Licensed out-of-home caregivers shall discipline children with kindness, consistency, and understanding, and with the purpose of helping the child develop responsibility and self-control.
2. (b) Licensed out-of-home caregivers shall use positive methods of discipline. Acceptable methods of discipline include: reinforcing acceptable behavior, expressing verbal disappointment of the child’s behavior, loss of privileges, grounding, restricting the child to the house or yard, sending the child out of the room and away from the family activity, and redirecting the child’s activity.
3. (c) Licensed out-of-home caregivers shall not subject children to cruel, severe, or unusual forms of discipline.
4. (d) Licensed out-of-home caregivers shall not use corporal punishments of any kind.
5. (e) Licensed out-of-home caregivers shall not delegate discipline or permit punishment of a child by another child or by another adult not in a caregiver role.
6. (f) Licensed out-of-home caregivers shall not engage in harassment, make disparaging comments, or permit harassment or bullying of children by other youth.
7. (g) Licensed out-of-home caregivers shall not withhold meals, clothing, allowance, or shelter as a form of discipline.
8. (h) Licensed out-of-home caregivers shall not ridicule or punish a child for bed-wetting or other lapses in toileting.
9. (i) No child shall be mechanically restrained or locked in any enclosure, room, closet, bathroom, or area of the house or premises, for any reason.
10. (j) Licensed out-of-home caregivers shall not threaten a child with removal or with a report to authorities or prohibit visitation with family as consequences for unacceptable behavior.
11. (k) Licensed out-of-home caregivers will seek the assistance of the child’s case manager or therapist for behavior problems.
(5) Placement of a child in a home licensed by the Agency for Persons with Disabilities (APD) shall be approved by the APD prior to placement. A home licensed by the APD may be utilized for placement of children eligible for both programs without obtaining a separate license if the child is receiving Supplemental Security Income (SSI).
(6) Licensed Out-of-Home Caregivers Providing Child Care.
1. (a) Licensed out-of-home caregivers contracting with a community-based care lead agency are authorized by Section 409.988(2)(c), F.S., to provide child care as a Licensed Family Day Care Home, as defined in Section 402.302, F.S., and may be dually licensed.
2. (b) All licensing standards and requirements for family foster homes and family day care homes shall be met and maintained.
3. (c) Licensed out-of-home caregivers shall limit their hours of operation as a Family Day Care Home to between 6:00 a.m. and 7:00 p.m.
4. (d) The out-of-home caregiver shall not be paid both the foster care board rate and child care subsidy for the same child.
5. (e) A family foster home providing child care under this section shall be inspected a minimum of twice per year, at least once by daycare licensing staff and once by the supervising agency’s licensing specialist. The inspection is to assess the impact of the child care operation on the children in care.
6. (f) Where family foster homes are also licensed as a Family Day Care Home, the Department shall coordinate inspections with a licensing counselor from the childcare licensing program.
7. (g) Complaint investigations shall be conducted in conjunction with a representative from child care licensing.
(7) Caregiver Standards.
1. (a) A licensed out-of-home caregiver shall be a stable, responsible, and mature individual who is at least 21 years of age.
2. (b) Persons living together in a caretaking role, as determined by the supervising agency, shall both sign the application.
3. (c) In determining whether persons are living together in a caretaking role, the supervising agency shall consider whether:
  1. The person living in the home is the partner (paramour) of the primary caregiver; or
  2. The person living in the home will have responsibility for caring for the children in the home and addressing their needs.
4. (d) At least one (1) licensed out-of-home caregiver in the home shall be able to effectively communicate with any children placed in the home.
5. (e) A licensed out-of-home caregiver shall not operate the home as an adult boarding or rooming home or an adult daycare facility.
(8) When an out-of-home caregiver has a dispute or conflict with the Department or feels there has been a violation of their rights pursuant to Section 39.4087, F.S., CBC or their sub-contracted providers, they may request in writing a formal meeting to address and resolve concerns.
(9) When the dispute is with the CBC or a subcontracted provider, the meeting must include at minimum:
1. (a) The case manager and their supervisor;
2. (b) A representative from the lead CBC agency
(10) When the dispute is with an employee of the Department, the meeting must include:
The Department employee and a supervisory representative.
(11) Documentation of the dispute or concerns addressed, discussion to resolve the concerns and the meeting attendees must be uploaded into the FSFN provider file cabinet.
(12) All assessments, provider contacts, and documentation regarding individuals requesting licensure and the licensure process shall be documented in FSFN within 48 business hours of completion.
(13) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 409.145(4), 409.175(5) FS. Law Implemented 409.145(2), 409.175(5) FS. History–New 4-26-20, Amended 11-9-20, 12-28-21.