1. (1) Child-caring agencies providing services as a physically secure shelter to children adjudicated as a child in need of services as defined in Section 984.03, F.S., shall comply with the licensing requirements set forth in Rules 65C-46.001 through 65C-46.0141, F.A.C., in addition to the program requirements outlined in this rule.
2. (2) Each child-caring agency shall submit a copy of an executed contractual agreement with the Department of Juvenile Justice prior to initiating licensure as a physically secure shelter. The child-caring agency may submit an award from the Department of Juvenile Justice to begin licensure and shall submit the executed contract no later than seven business days from issuance of a license.

3. (3) Admission and Discharge.

   1. (a) Each child admitted to the child-caring agency shall be court ordered into the physically secure shelter pursuant to Section 984.226, F.S.

      1. A copy of the court order must be placed in the child’s file.

      2. The child-caring agency may accept children under the age of 10 if the court orders placement of the child in the physically secure shelter.

   2. (b) The child-caring agency shall maintain a waitlist that must be submitted to the Department and the Department of Juvenile Justice upon request. The waitlist shall outline:

      1. Child’s name, date of birth, address of residence,

      2. Judicial Circuit with jurisdiction of the child in need of services,

      3. Name of the referring individual, agency, email, and phone number,

      4. Date of referral, and

      5. Outcome of referral and date outcome was rendered.

   3. (c) Transfer of Custody to the Department.

      1. The child-caring agency shall participate in the multidisciplinary team staffing in accordance with Rule 65C-30.023, F.A.C., when a child is transferred to the custody of the Department pursuant to Chapter 984, F.S.

      2. The child-caring agency shall prepare for and coordinate the child’s discharge from the physically secure shelter within 24 hours of the court ordering the child’s transfer to the custody of the Department, and in alignment with Social Security Act 471(a)(37).

4. (4) Client Services. The child-caring agency shall provide the following services for children based on the assessment completed at admission and services ordered by the courts:

   1. (a) Family and individual counseling;
   2. (b) Substance abuse and mental health screening;
   3. (c) Vocational or educational supports;
   4. (d) Behavioral health care with a focus on trauma informed care.

5. (5) Training.

   1. (a) The child-caring agency shall ensure all direct care staff complete pre-service training requirements in paragraph 65C-46.011(10)(c), F.A.C., and receive an additional 12 hours of Department-approved, specialized training on behaviors and trauma. The specialized training must be completed within two months from the completion of pre-service training. Staff who complete pre-service training are permitted to have unsupervised contact with children during the completion of the specialized training. Training topics shall include:

      1. Emotional disturbance in children and common behavioral problems exhibited;

      2. Suicide awareness and prevention;

      3. Discipline, limit-setting, logical consequences, problem-solving, and relationship-building skills;

      4. Crisis intervention and emergency procedures;

      5. Mental health and substance abuse;

      6. Trauma response practices.

   2. (b) Of the 40 hours of annual in-service training required in paragraph 65C-46.011(10)(d), F.A.C., eight hours shall be focused on behaviors and trauma.
   3. (c) Staff conducting youth searches required in subsection 65C-46.026(8), F.A.C., shall complete training on how to conduct a frisk.

6. (6) Ratio and Supervision.

   1. (a) The child-caring agency shall have at least one bedroom for every two children.
   2. (b) There shall always be at least one direct care staff member to every four children.
   3. (c) The agency shall ensure 24-hour-a-day supervision of the children in its care.
   4. (d) Staff shall account for the whereabouts of children under their supervision at all times. Staff shall conduct and document resident counts minimally at the beginning of each shift, after each outdoor activity, and during any emergency and elopement.
   5. (e) The child-caring agency shall track daily census to include, at a minimum, the total daily census count, new admissions, releases or direct discharges, transfers, and children temporarily away from the program.
   6. (f) If at any time the child-caring agency cannot account for any child’s whereabouts or discrepancies are found between resident counts and the tracking of daily census, staff shall reconcile immediately and take follow-up action as outlined in the child-caring agency’s procedures for missing children.
   7. (g) The child-caring agency shall ensure that staff observe children at least every hour while they are in their bedroom, either during sleep time or at other times, such as during an illness or room restriction. Staff shall conduct the observations in a manner to ensure the safety and security of each child and shall document real-time observations manually or electronically.

7. (7) Physical Security Features.

   1. (a) The child-caring agency shall provide physical security features that are environmentally secure, staff secure, and hardware-secure with locking doors. The child-caring agency may use walls and fencing as additional hardware features if the child-caring agency is the only home or facility located on the premises. Child-caring agencies shall not use walls and fencing as the feature for security if there are other licensed homes or facilities on the premises.

   2. (b) Each child-caring agency shall have the following features:

      1. Electronic search equipment,

      2. Door locks on entry, exit, and passage doors, with a manual override capability if locks are electronic,

      3. Secure windows of break-resistant or screened glass, or secured through alarms,

      4. Camera surveillance system,

      5. Exterior security lighting, and

      6. Radio or cellular phone communication devices for staff.

8. (8) Youth Searches.

   1. (a) The child-caring agency shall complete a screening to search the child and the child’s belongings at admission to the program, when returning from outings, and when there are concerns for the safety and well-being of the child in the shelter.
   2. (b) Authorized staff conducting a screening shall prepare the children by explaining the purpose of the search and what it entails. Staff shall not use physical force on children and shall treat the child with dignity and respect to minimize the child’s stress and embarrassment.
   3. (c) Frisk searches shall be conducted outside the child’s clothing by a single staff member of the same sex. The single staff member must be supervised by an additional staff member of the same sex. All frisk searches shall be documented on a tracking log and placed in the child’s file.
   4. (d) Use of electronic search equipment is authorized to supplement any frisk search authorized in this rule section. A single staff member may conduct electronic searches on a child of the opposite sex. The single staff member must be supervised by an additional staff member of the same or opposite sex. All electronic searches shall be documented on a tracking log and placed in the child’s file.

9. (9) Audio or Video Recordings.

   1. (a) Each child-caring agency that has any on-site video or audio system with recording capability shall maintain at least a 90-day history of recordings unless the equipment does not have the capacity to maintain a 90-day history, in which case the program shall maintain the recordings to the extent of the equipment’s capacity, but no less than 30 days. Recording shall be made available to the Department and Department of Juvenile Justice upon request.
   2. (b) The child-caring agency shall not place video or audio in bedrooms or bathrooms.

10. (10) Key Control. Each child-caring agency shall establish a key control system that, at a minimum, addresses the following:

    1. (a) Key assignment and usage, including restrictions on usage;
    2. (b) Inventory and tracking of keys;
    3. (c) Secure storage of keys not in use;
    4. (d) Procedures addressing missing or lost keys; and
    5. (e) Reporting and replacement of damaged keys.

11. (11) Contraband. The child-caring agency shall develop a policy and procedure for contraband. The policy and procedure shall address the following areas:

    1. (a) Illegal Contraband: At no time shall illegal contraband and prohibited items, as defined in Section 985.711, F.S., be allowed in the child-caring agency. The policy and procedure shall address the requirements of and limitations on staff use of provider issued cellular phones or portable communication devices, with documentation maintained designating the allowable device type as issued to the specific staff member. The policy and procedure may allow specified staff, medical and mental health personnel, school board personnel, vocational education personnel, emergency services personnel, and designated subcontracted staff to possess a non-facility-issued cellular phone or portable communication device for work purposes only.
    2. (b) The child-caring agency shall develop a process for documenting contraband incidents, searches, and the result of each search. Any item or situation that may compromise safety or security shall be reported immediately to the program director or designee. Programs shall ensure that a staff member is designated for this purpose 24 hours per day, seven days a week.
12. (12) Elopements. The child-caring agency shall follow the Department’s missing child procedures outlined in Rule 65C-30.019, F.A.C.

13. (13) Visitation.

    1. (a) The child-caring agency shall develop visitation procedures that must be reviewed with the child upon placement in the physically secure shelter. The procedures must include the requirement for visitors to provide identification and refrain from bringing contraband and phones into the facility. The Department and the Department of Juvenile Justice are exempt from the visitor procedures.
    2. (b) The child-caring agency shall maintain a visitation log for each child that is placed in the child’s file.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175 FS. History–New 3-19-26.