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The Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC) was established in 1974 and consists of members from all 50 states, the District of Columbia and the U.S. Virgin Islands. The AAICPC has authority under ICPC to "promulgate rules and regulations to carry out more effectively the terms and provisions of this compact." The AAICPC obtains its Secretariat Services, as an affiliate of the American Public Human Services Association (APHSA).
For more information, please visit the AAICPC website.
American Public Human Services Association
1133 Nineteenth Street, NW
Suite 400
Washington, DC 20036
(202) 682-0100
fax: (202) 289-6555
Web Manager: Carla Fults [cfults@aphsa.org]
Compact Administrators
Compact Administrator Scott Boland |
Deputy Compact Administrator Heather M. Richardson Please send all documents to the ICPC Inbox: |
Consultants
ICPC Specialist (A-H) LaKeisha Washington Please send all documents to the ICPC Inbox: |
Administrative Assistant (A-L) William Reaves, Jr. Please send all documents to the ICPC Inbox:
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ICPC Specialist (I-Q) Angie Stackhouse Please send all documents to the ICPC Inbox:
Please send all documents to the ICPC Inbox:
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Administrative Assistant (M-Z) Vacant |
ICPC Specialist (R-Z) Brenda Hornickle Please send all documents to the ICPC Inbox:
Please send all documents to the ICPC Inbox:
Please send all documents to the ICPC Inbox:
Please send all documents to the ICPC Inbox:
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Mailing Address
Regular Mailing Address ICPC - Florida DCF |
Federal Express Address ICPC - Florida DCF |
Useful Telephone Numbers
Child Abuse Hotline (800) 962-2873 |
Juvenile Compact Office (850) 717-2573 |
Mental Health Compact Office Department of Children and Families/Substance Abuse and Mental Health Program Office |
Useful Websites
General Iinformation
Co-Located Compacts - ICPC, ICAMA, ICJ
Independent /Private
Independent/Private Adoptive Placements:
Florida permits private attorney, private agency and/or independent adoptions
Adoption Type | Yes/No |
---|---|
Private Agency | Yes |
Private Attorney | Yes |
Independent | Yes |
Adoption Statute-Non-Agency; Independent; Private Adoptions:
Public
Public Adoptive Placements-Requirements
Proceedings applicable to cases resulting from a termination of parental rights under chapter 39 (Public Adoptions).
—A case in which a minor becomes available for adoption after the parental rights of each parent have been terminated by a judgment entered pursuant to chapter 39 shall be governed by s. 39.812 and this chapter. Adoption proceedings initiated under chapter 39 are exempt from the following provisions of this chapter: requirement for search of the Florida Putative Father Registry provided in s. 63.054(7), if a search was previously completed and documentation of the search is contained in the case file; disclosure requirements for the adoption entity provided in s. 63.085(1); general provisions governing termination of parental rights pending adoption provided in s. 63.087; notice and service provisions governing termination of parental rights pending adoption provided in s. 63.088; and procedures for terminating parental rights pending adoption provided in s. 63.089.
History.—s. 8, ch. 2001-3; s. 4, ch. 2008-151; s. 4, ch. 2012-81.
Report to the court of intended placement by an adoption entity; at-risk placement; preliminary study.
1) REPORT TO THE COURT.—The adoption entity must report any intended placement of a minor for adoption with any person who is not a relative or a stepparent if the adoption entity participates in the intended placement. The report must be made to the court before the minor is placed in the home or within 2 business days thereafter.
(2) AT-RISK PLACEMENT.—If the minor is placed in the prospective adoptive home before the parental rights of the minor’s parents are terminated under s. 63.089, the placement is an at-risk placement. If the placement is an at-risk placement, the prospective adoptive parents must acknowledge in writing before the minor may be placed in the prospective adoptive home that the placement is at risk. The prospective adoptive parents shall be advised by the adoption entity, in writing, that the minor is subject to removal from the prospective adoptive home by the adoption entity or by court order at any time prior to the finalization of the adoption.
(3) PRELIMINARY HOME STUDY.—Before placing the minor in the intended adoptive home, a preliminary home study must be performed by a licensed child-placing agency, a child-caring agency registered under s. 409.176, a licensed professional, or an agency described in s. 61.20(2), unless the adoptee is an adult or the petitioner is a stepparent or a relative. If the adoptee is an adult or the petitioner is a stepparent or a relative, a preliminary home study may be required by the court for good cause shown. The department is required to perform the preliminary home study only if there is no licensed child-placing agency, child-caring agency registered under s. 409.176, licensed professional, or agency described in s. 61.20(2), in the county where the prospective adoptive parents reside. The preliminary home study must be made to determine the suitability of the intended adoptive parents and may be completed prior to identification of a prospective adoptive minor. A favorable preliminary home study is valid for 1 year after the date of its completion. Upon its completion, a signed copy of the home study must be provided to the intended adoptive parents who were the subject of the home study. A minor may not be placed in an intended adoptive home before a favorable preliminary home study is completed unless the adoptive home is also a licensed foster home under s. 409.175. The preliminary home study must include, at a minimum:
(a) An interview with the intended adoptive parents;
(b) Records checks of the department’s central abuse registry and criminal records
correspondence checks under s. 39.0138 through the Department of Law Enforcement on the intended adoptive parents;
(c) An assessment of the physical environment of the home;
(d) A determination of the financial security of the intended adoptive parents;
(e) Documentation of counseling and education of the intended adoptive parents on adoptive parenting;
(f) Documentation that information on adoption and the adoption process has been provided to the intended adoptive parents;
(g) Documentation that information on support services available in the community has been provided to the intended adoptive parents; and
(h) A copy of each signed acknowledgment of receipt of disclosure required by s. 63.085.
If the preliminary home study is favorable, a minor may be placed in the home pending entry of the judgment of adoption. A minor may not be placed in the home if the preliminary home study is unfavorable. If the preliminary home study is unfavorable, the adoption entity may, within 20 days after receipt of a copy of the written recommendation, petition the court to determine the suitability of the intended adoptive home. A determination as to suitability under this subsection does not act as a presumption of suitability at the final hearing. In determining the suitability of the intended adoptive home, the court must consider the totality of the circumstances in the home. A minor may not be placed in a home in which there resides any person determined by the court to be a sexual predator as defined in s. 775.21 or to have been convicted of an offense listed in s. 63.089(4)(b)2.
INDEPENDENT / PRIVATE / PUBLIC
The following information applies to independent, private and public adoptions
Adoption Assistance
Adoption assistance payments begins
Sending State Adoption Subsidy Payments (Guidelines)
F.S. 409.166
Special Needs
Florida definition of "Special Needs"
F.S. 409.166(2)DEFINITIONS.—As used in this section, the term:
“Special needs child” means:
1. A child whose permanent custody has been awarded to the department or to a licensed child-placing agency;
2. A child who has established significant emotional ties with his or her foster parents or is not likely to be adopted because he or she is:
a. Eight years of age or older;
b. Developmentally disabled;
c. Physically or emotionally handicapped;
d. Of black or racially mixed parentage; or
e. A member of a sibling group of any age, provided two or more members of a sibling group remain together for purposes of adoption; and
3. Except when the child is being adopted by the child’s foster parents or relative caregivers, a child for whom a reasonable but unsuccessful effort has been made to place the child without providing a maintenance subsidy.
Finalization
Adoption may be finalized in another state:
Before finalization can occur in Florida, child must be in adoptive placement:
Statutory code/cite for Adoption Petition
(1) The petition for adoption shall be signed and verified by the petitioner and filed with the clerk of the court and shall state:
(a) The date and place of birth of the person to be adopted, if known;
(b) The name to be given to the person to be adopted;
(c) The date petitioner acquired custody of the minor and the name of the adoption entity placing the minor, if any;
(d) The full name, age, and place and duration of residence of the petitioner;
(e) The marital status of the petitioner, including the date and place of marriage, if married, and divorces, if applicable to the adoption by a stepparent;
(f) A statement that the petitioner is able to provide for the material needs of the child;
(g) A description and estimate of the value of any property of the person to be adopted;
(h) The case style and date of entry of the judgment terminating parental rights or, if the adoptee is an adult or a minor relative or a stepchild of the petitioner, the address, if known, of any person whose consent to the adoption is required and, if such person has not consented, the facts or circumstances that excuse the lack of consent to justify a termination of parental rights; and
(i) The reasons why the petitioner desires to adopt the person.
(2) The following documents are required to be filed with the clerk of the court at the time the petition is filed:
(a) A certified copy of the court judgment terminating parental rights under chapter 39 or under this chapter or, if the adoptee is an adult or a minor relative or stepchild of the petitioner, the required consent, unless such consent is excused by the court.
(b) The favorable preliminary home study of the department, licensed child-placing agency, or professional pursuant to s. 63.092, as to the suitability of the home in which the minor has been placed, unless the petitioner is a stepparent or a relative.
(c) A copy of any declaratory statement previously entered by the court pursuant to s. 63.102.
(d) Documentation that an interview was held with the minor, if older than 12 years of age, unless the court, in the best interest of the minor, dispenses with the minor’s consent under s. 63.062(1)(c).
(3) Unless ordered by the court, no report or recommendation is required when the placement is a stepparent adoption or an adult adoption or when the minor is a relative of one of the adoptive parents.
Court Jurisdiction for Adoption Cases
Circuit Court
Home Study (Adoptions)
Statutory code/cite for the Adoptive Home Studies:
Prospective adoptive parents permitted to pay for a pre-adoptive home study
Prospective adoptive parents permitted to pay for a pre-adoptive home study
State's age of majority
Statutory code/cite and the age of majority:
Services (after Age of Majority)
As the Receiving State, the following services will be provided/continued at the age of majority:
Appeals permitted:
Border Agreements permitted:
Current Border Agreements with:
Home Studies which Require Criminal / Perpetrator Record Checks
Florida requires criminal background checks for the following home studies:
Non-relative
Criminal Background Screening
The following methods are used to capture fingerprints to conduct criminal records checks/and abuse and neglect.
Criminal background checks/screening via Live Scan or other computerized technology are offered at the following levels:
Background Screening
State or Local Criminal Record Checks Requirements/Process:
(1) The department shall conduct a records check through the State Automated Child Welfare Information System (SACWIS) and a local and statewide criminal history records check on all persons, including parents, being considered by the department for placement of a child under this chapter, including all non-relative placement decisions, and all members of the household, 12 years of age and older, of the person being considered. For purposes of this section, a criminal history records check may include, but is not limited to, submission of fingerprints to the Department of Law Enforcement for processing and forwarding to the Federal Bureau of Investigation for state and national criminal history information, and local criminal records checks through local law enforcement agencies of all household members 18 years of age and older and other visitors to the home. An out-of-state criminal history records check must be initiated for any person 18 years of age or older who resided in another state if that state allows the release of such records. The department shall establish by rule standards for evaluating any information contained in the automated system relating to a person who must be screened for purposes of making a placement decision.
(2) The department may not place a child with a person other than a parent if the criminal history records check reveals that the person has been convicted of any felony that falls within any of the following categories:
(a) Child abuse, abandonment, or neglect;
(b) Domestic violence;
(c) Child pornography or other felony in which a child was a victim of the offense; or
(d) Homicide, sexual battery, or other felony involving violence, other than felony assault or felony battery when an adult was the victim of the assault or battery.
(3) The department may not place a child with a person other than a parent if the criminal history records check reveals that the person has, within the previous 5 years, been convicted of a felony that falls within any of the following categories:
(a) Assault;
(b) Battery; or
(c) A drug-related offense.
(4) The department may place a child in a home that otherwise meets placement requirements if a name check of state and local criminal history records systems does not disqualify the applicant and if the department submits fingerprints to the Department of Law Enforcement for forwarding to the Federal Bureau of Investigation and is awaiting the results of the state and national criminal history records check.
(5) Persons with whom placement of a child is being considered or approved must disclose to the department any prior or pending local, state, or national criminal proceedings in which they are or have been involved.
(6) The department may examine the results of any criminal history records check of any person, including a parent, with whom placement of a child is being considered under this section. The complete criminal history records check must be considered when determining whether placement with the person will jeopardize the safety of the child being placed.
Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:
The department may not place a child with a person other than a parent if the criminal history records check reveals that the person has been convicted of any felony that falls within any of the following categories:
(a) Child abuse, abandonment, or neglect;
(b) Domestic violence;
(c) Child pornography or other felony in which a child was a victim of the offense; or
(d) Homicide, sexual battery, or other felony involving violence, other than felony assault or felony battery when an adult was the victim of the assault or battery.
The department may not place a child with a person other than a parent if the criminal history records check reveals that the person has, within the previous 5 years, been convicted of a felony that falls within any of the following categories:
(a) Assault;
(b) Battery; or
(c) A drug-related offense.
Type of Checks (Crim. & Abuse Neglect Registry)
Florida requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
Federal | State | Local | ANR | NR | |
---|---|---|---|---|---|
Foster Care | y | y | y | y | |
Relative | y | y | y | y | |
Relative Foster Care | y | y | y | y | |
Foster-Adopt | y | y | y | y | |
Adoption | y | y | y | y | |
Parent | y | y | y | y |
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 48-72 hours
- Local/County: 48-72 hours
Manually - Fingerprint Card
- State: 31-60 days
- Local/County: 31-60 days
Verification of Criminal Records Results
(NOTE: These are private or domestic custody matters brought before the court for determination/decision)
Non-ICPC Requests - (i.e. private/domestic custody cases)
ICPC Office will not investigate a domestic or private custody matter.
ICPC Offices will assist with referral:
Private non-profit agencies that contract with the State of Florida for case management services.
Custody Investigation
Individuals or entities requesting custody investigations will be referred to the private non-profit agency located in the area where the person to be studied resides.
If the following terms are defined differently than below (General Definitions), please provide definitions for the following types of placements as defined within your state. If definitions in your state are the same, please type the word same in the space provided. (only 250 characters per answer will be accepted).
Adoption
Adoption means the act of creating the legal relationship between parent and child where it did not exist, thereby declaring the child to be legally the child of the adoptive parents and their heir at law and entitled to all the rights and privileges and subject to all the obligations of a child born to such adoptive parents in lawful wedlock.
Foster-Adopt
Same
Foster Care
Foster care means care provided a child in a foster family or boarding home, group home, agency boarding home, child care institution, or any combination thereof.
Parent
Parent means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1). If a child has been legally adopted, the term "parent" means the adoptive mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of s. 39.503(1) or s. 63.062(1). For purposes of this chapter only, when the phrase "parent or legal custodian" is used, it refers to rights or responsibilities of the parent and, only if there is no living parent with intact parental rights, to the rights or responsibilities of the legal custodian who has assumed the role of the parent.
Relative
Relative means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent.
Relative Foster Care
Same
Adoption
Adoption is the legal act of permanently placing a child with a parent or parents other than the birth parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents and the placing of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there is no legal difference between biological and adopted children.
The types of adoptions permitted by each state are governed by state law:
- Private Agency - are adoptions facilitated by a private licensed agency (i.e. domestic and international).
- Independent - are adoptions facilitated by an attorney, other intermediary, or adoption facilitator as defined by state law.
- Public - are adoptions facilitated by a public state or local agency and involve children who are in the custody of a state/local government agency.
Days
Days means “Calendar” (not business) days.
Foster to Adopt
Foster to adopt refers to any individual(s) who has been approved as a licensed foster parent and who has made an offer of an adoption commitment if and when the child(ren) becomes legally free for adoption.
Foster Care (Provider)
Foster Care applies to any person(s) other than a natural or adoptive parent with whom a child is in the care, custody, or guardianship of the State Child Welfare Agency and placed by said division, or with its approval for temporary or long-term care but shall not include any person with whom a child is placed for the purpose of adoption. Foster home means and includes private residences that are licensed, or specialized group homes.
Foster Care Maintenance Payments
Foster care maintenance payments refer to financial assistance provided to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.
Legal Risk Adoptions
A legal risk adoption, or a legal risk placement, involves prospective adoption of a child placed with a prospective adoptive parent(s) prior to termination of parental rights.
License/certification/approval
Licensure/certification/approval refers to approval and/or certification granted by the authority of a state regulatory agency or it's designee.
Live Scan
Live Scan is an electronic computerized technology which digitally scans fingerprints and provides immediate transmission of fingerprint records to the Department of Justice, FBI or other authorized receiving agency.
Parent
Parent(s) are a biological, adoptive parent or legal guardian as determined by applicable State law. Parents(s) are responsible for the care, custody, and control of a child upon whom it is their legal duty to provide such care.
Relative
A relative is a birth or adoptive brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece, nephew, as well as relatives of half blood or marriage and those denoted by the prefixes of grand and great including grand parent or great grandparent, or as defined in state statute for the purpose of foster and/or adoptive placements.
Relative Foster Care
Relative foster care refers to a person who meets the definition of a relative as noted above and has been approved as a licensed foster parent.
Florida charges for public education:
Florida charges the sending state for specialized services (occupational, speech therapy)
Florida charges the Sending State to obtain assessments/diagnostics and/or services for education purposes:
FINANCIAL PLANS
Florida permits a child in the legal custody of a Sending State to apply for and receive the following state administered assistance/benefits in Florida as the Receiving State.
As the Sending state, following are considered as a viable financial/medical plan when making interstate placements:
As the Receiving state, following are considered a viable financial/medical plan when receiving interstate placements:
MEDICAID / MEDICAL ASSISTANCE
The state will ensure medical coverage benefits and services can be received through benefits, programs and providers in the Receiving State before placing a child across state lines.
Medicaid
The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).
WAITING PERIOD FOR MEDICAID BENEFITS
Waiting period to apply for benefit assistance:
Waiting period to receive benefits for a child who is under the legal custody/legal jurisdiction of the sending state:
STATE MEDICAL INSURANCE/COVERAGE
As the Sending State, Florida will provide medical coverage if the child is NOT IV-E eligible
As the Sending State, Florida will permit Placement Resources to apply for medical benefits in the Receiving State or use their personal insurance.
PAYMENTS MADE
TANF Payments
Adoption assistance payments begin:
Foster Care Payments
Age 0-5: $429
Age 6-12: $440
Age 12+: $515
Special Education Payments
Daycare Payments
Daycare costs remain the responsibility of the sending agency. There are subsidized child care programs available, but assistance is subject to eligibility requirements.
Kinship Program
Florida cannot provide relative caregiver/kinship funding to an out of state relative.
39.5085 (2) Relative caregiver program.—
(2)(a) The Department of Children and Family Services shall establish and operate the relative caregiver program pursuant to eligibility guidelines established in this section as further implemented by rule of the department. The relative caregiver program shall, within the limits of available funding, provide financial assistance to:
1. Relatives who are within the fifth degree by blood or marriage to the parent or stepparent of a child and who are caring full-time for that dependent child in the role of substitute parent as a result of a court’s determination of child abuse, neglect, or abandonment and subsequent placement with the relative under this chapter.
2. Relatives who are within the fifth degree by blood or marriage to the parent or stepparent of a child and who are caring full-time for that dependent child, and a dependent half-brother or half-sister of that dependent child, in the role of substitute parent as a result of a court’s determination of child abuse, neglect, or abandonment and subsequent placement with the relative under this chapter.
The placement may be court-ordered temporary legal custody to the relative under protective supervision of the department pursuant to s. 39.521(1)(b)3., or court-ordered placement in the home of a relative as a permanency option under s. 39.6221 or s. 39.6231 or under former s. 39.622 if the placement was made before July 1, 2006. The relative caregiver program shall offer financial assistance to caregivers who are relatives and who would be unable to serve in that capacity without the relative caregiver payment because of financial burden, thus exposing the child to the trauma of placement in a shelter or in foster care.
(b) Caregivers who are relatives and who receive assistance under this section must be capable, as determined by a home study, of providing a physically safe environment and a stable, supportive home for the children under their care, and must assure that the children’s well-being is met, including, but not limited to, the provision of immunizations, education, and mental health services as needed.
(c) Relatives who qualify for and participate in the relative caregiver program are not required to meet foster care licensing requirements under s. 409.175.
(d) Relatives who are caring for children placed with them by the court pursuant to this chapter shall receive a special monthly relative caregiver benefit established by rule of the department. The amount of the special benefit payment shall be based on the child’s age within a payment schedule established by rule of the department and subject to availability of funding. The statewide average monthly rate for children judicially placed with relatives who are not licensed as foster homes may not exceed 82 percent of the statewide average foster care rate, nor may the cost of providing the assistance described in this section to any relative caregiver exceed the cost of providing out-of-home care in emergency shelter or foster care.
(e) Children receiving cash benefits under this section are not eligible to simultaneously receive WAGES cash benefits under chapter 414.
(f) Within available funding, the relative caregiver program shall provide relative caregivers with family support and preservation services, flexible funds in accordance with s. 409.165, school readiness, and other available services in order to support the child’s safety, growth, and healthy development. Children living with relative caregivers who are receiving assistance under this section shall be eligible for Medicaid coverage.
(g) The department may use appropriate available state, federal, and private funds to operate the relative caregiver program. The department may develop liaison functions to be available to relatives who care for children pursuant to this chapter to ensure placement stability in extended family settings.
TITLE IV-E
Medicaid - The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).
Title IV-E documentation/verification required
RATES (Foster Care)
Foster care rate paid at:
If foster care board rates in the receiving state rate are higher than those in Florida, the contracted agency in Florida must negotiate with the receiving state to determine an agreed upon foster care board rate. Please note the identified board rates are an approximation as rates vary slightly within the various contracted case management agencies throughout the state.
Florida foster care rates:
Service Level of Care | Amount per day |
---|---|
Basic | 0-5 years $429/mo. 6-12 years/$440/mo. 13 yrs and older/$515/mo. medical foster care/$504/mo. |
Moderate | |
Specialized | |
Intense |
REQUIREMENTS (Foster Care)
Foster Care Resource Requirements:
(1) The department shall conduct background screenings for all persons considered by the department for initial licensure or re-licensure as an out-of-home caregiver and all adult household members pursuant to Section 409.175, F.S. These screenings shall be completed before an applicant shall be licensed as an out-of-home caregiver and before any children are placed in the home. Exemptions from disqualification may be granted to potential licensed out-of-home caregivers for crimes or offenses covered by Sections 435.07(1) and (2), F.S., and according to the guidelines established under Sections 435.07(3) and (4), F.S. Failure to comply with any requirement for good moral character and background screening as described in this rule may be grounds for denial, suspension or revocation of an application or license. The supervising agency or the department has the discretion to request background screening for other individuals if there is reasonable belief that:
(a) The person may be a household member; or
(b) His or her presence in the foster home may adversely affect the health, safety and welfare of the children in the home; or
(c) The person has or may have unsupervised contact with the children.
(2) These screenings shall, at a minimum, include fingerprinting; statewide criminal and juvenile records checks through the Florida Department of Law Enforcement; federal criminal records checks through the Federal Bureau of Investigation; local criminal record checks through local law enforcement agencies, and may include records of any responses to the home by law enforcement that did not result in criminal charges. Records checks through the department’s Statewide Automated Child Welfare Information System (SACWIS) regarding child abuse and neglect investigations and civil court records checks regarding domestic violence complaints and orders of protection must also be included. If the applicant or any other adult household member has resided in any other state over the past five years, requests for abuse and neglect histories must be made of those states, and the results of such requests included with the application packet. Only abuse and neglect reports in which the person being considered for licensure was named as the “caregiver responsible” for the abuse or neglect may be used for initial licensing decisions. If the person applying is or was a licensee of the department and was named in any capacity in three or more reports during a five year period, regardless of classification, those reports may be reviewed by the department for their relevancy as it relates to the licensing decision. All reports in which the person seeking licensure or re-licensure was named as the “caregiver responsible” must be considered for licensing purposes. For homes being considered for licensure for longer than one year under Section 409.175(6)(j), F.S., all abuse reports with any findings shall be considered.
(3) Each applicant and adult household member being screened shall sign an “Affidavit of Good Moral Character”, CF 1649, May 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/, and a “Release of Information”, CF-FSP 5090, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/. Failure to comply with any requirement for good moral character and background screening as described in this rule may be grounds for denial, suspension or revocation of an application or license.
(4) Each applicant and adult household member being screened under this section shall provide all the names, under which he or she has been known.
(5) For children between the ages of twelve and eighteen, the background screening shall be limited to statewide criminal and juvenile records name checks through the Florida Department of Law Enforcement and does not require fingerprinting. Screening of young adults age 18 through 22 who are receiving services through Chapter 65C-31, F.A.C., and who have had no break in service provision are not required to be screened.
(6) The background screenings under this section shall ensure that no out-of-home caregiver licensed by the department and no person residing in a family foster home has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to any offense prohibited under Section 435.04, F.S., or similar statutes of another jurisdiction at any time. When the individual who is being screened is a former dependent child under 23 years of age and the security background screening reveals a disqualifying offense which was committed during or prior to the time that the child was dependent, that offense shall not automatically affect the licensure of the out-of-home caregivers. Exemptions for disqualifying offenses may be sought under Section 435.07, F.S.
(7) All records obtained, as a part of the background screening, shall be considered in the process of determining whether to issue a foster care license or if there is a current license, whether the license should be revoked. Such records shall include findings of delinquency; any misdemeanor or felony criminal arrests resulting in a plea of nolo contendere or conviction; any criminal traffic offenses resulting in a plea of nolo contendere or conviction, and any civil cases of domestic violence and orders for protection. Crimes perpetrated in other states that are misdemeanors in that state but would be felonies listed under Section 435.04, F.S., if committed in Florida shall be considered as disqualifying offenses by the department for licensing decisions.
(8) Persons who are currently licensed as out-of-home caregivers and any adult household members shall be re-screened at least annually as a part of the application for re-licensing. Annual screening for re-licensure shall be limited to a local criminal records check, an abuse and neglect record check clearance through the Statewide Automated Child Welfare Information System, and may include records of any responses to the home by law enforcement that did not result in criminal charges, and any 911 calls to the home. The state criminal records checks shall be completed every five years through the Florida Department of Law Enforcement. The background screening of a prospective out-of-home caregiver shall ensure that any previous licensing, registration or certification as an out-of home caregiver in Florida or in any other state or country is considered. Abuse and neglect reports in which the applicant was named in any capacity in three institutional reports, regardless of classification over the past five years shall be reviewed for relevancy related to the licensing decision and may be used in determining whether to renew or revoke the person’s license. All reports with any findings may be considered for the purposes of re-licensing a home for more than one year under Section 409.175(6)(j), F.S.
(9) The cost of all background screening activities shall be borne by the supervising or lead agency.
Specific Authority 39.012, 39.0121, 409.175 FS. Law Implemented 39.0121, 409.175(5)(a)5., 435.04 FS. History–New 4-6-08.
(1) All prospective out-of-home caregivers shall successfully complete a department approved parent preparation training as a condition of licensure.
(2) Pre-service training shall meet the requirements of Section 409.175(14)(b), F.S., and shall include training for out-of-home caregivers on decision-making related to the balance of normalcy for children in care and their safety. As a prerequisite to licensure, potential licensed out-of-home caregivers who have swimming pools or whose homes are adjacent to bodies of water unprotected by a barrier of at least four feet will be required to complete a basic water safety course administered by the American Red Cross, YMCA or a trainer certified in water safety training. This requirement does not apply to homes with wading pools, which are temporary and portable pools with a depth of less than two feet. Standing water shall not remain in wading pools when not in use.
(3) Each pre-service class shall be led by a certified child protection professional according to Section 402.40(7), F.S., who has a bachelor’s degree or a master’s degree from an accredited college or university, and should include a licensed out-of-home caregiver as a co-facilitator. In addition, a young adult formerly in foster care must be invited to participate in one or more sessions of the training to ensure that prospective out-of-home caregivers may benefit from the former foster youth perspective.
(4) The certified child protection professional trainer is responsible for ensuring that the pre-service curriculum is presented and discussed and that copies of all handouts and reading materials are provided to the participants.
(5) Individualized training may be completed with the approval of the lead agency. If individualized training is done, the certified trainer is responsible for complying with the requirements set forth for pre-service training in Section 409.175(14)(b), F.S.
(6) Prospective foster and adoptive parents may elect to attend pre-service training as defined in subsection (2) of this section, offered by any licensed child placing agency. Agencies are expected to work cooperatively with each other and prospective licensed out-of-home caregivers to ensure the ongoing availability of pre-service training for all prospective out-of-home caregivers.
(7) Exemptions to the pre-service training may be made for individuals who have successfully completed pre-service training equivalent to the pre-service training offered by the local supervising agency, provided the training was completed within the last five years and the individual(s) provide(s) proof of successful completion. If there have been changes or updates in the curriculum, the individual must take those portions of the course only. Supervising agencies may request any information regarding the curriculum completed for the purposes of making a recommendation to the department. The department shall review the curriculum content and consider the recommendation of the supervising agency in determining whether the individual may be exempt from attending the pre-service training offered by the supervising or child placing agency.
(8) When an individual successfully completes pre-service training but does not continue the licensing process, the supervising agency staff shall document the reason(s) the process was discontinued. Previously completed pre-service training may be accepted towards licensure for up to five years from the date of verified curriculum completion. Previously licensed out-of-home caregivers who have a break in service of less than one year, but who completed pre-service less than four years prior to requesting renewal may be licensed without completing pre-service.
Specific Authority 409.175, 402.40(10) FS. Law Implemented 409.175, 402.40(7) FS. History–New 4-6-08.
(1) General.
(a) Each applicant wishing to become a licensed out-of-home caregiver shall complete the “Application for License to Provide Out-of-Home Care for Dependent Children”, CF-FSP 5007, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/. Married persons living together shall both sign the application. After completing training and home study process, any person who requests an application either verbally or in writing shall be provided one.
(b) The supervising agency completing the home study shall, at a minimum, conduct two visits to the applicant’s home, inspect the entire indoor and outdoor premises, document the conditions, and conduct face to face interviews with all household members. The dates, names of persons interviewed and summary of these interviews shall be documented in the home study.
(c) The supervising agency is responsible for advising the applicant of all rules, regulations, and standards that apply to the applicant if a license is issued.
(2) References.
(a) There shall be a minimum of three personal reference that shall not be related to the applicant being screened and shall have known the applicant for at least two years. Reference inquiry responses may be obtained in writing from the individual(s) or documented by the supervising agency staff based on conversations with the person giving the reference.
(b) References shall be obtained from the adult children of each applicant. These references shall address the applicant’s suitability to become a licensed out-of-home caregiver. All unsuccessful attempts to solicit information shall be documented and the overall impact of the missing information considered as a part of the recommendation to license or not to license.
(c) The agency shall obtain a current employment reference for each applicant. At a minimum, this reference shall include sufficient information to establish or corroborate the applicant’s current employment status. If current employment is less than two consecutive years in duration, secondary employment references shall be obtained. If the applicant is self-employed, a reference from a current customer or associate of the applicant shall meet this requirement. If an applicant is not currently employed a former employer or additional personal reference shall suffice.
(d) The agency shall obtain references from school personnel of each school age child residing in the home.
(e) References shall be obtained from the childcare provider of any preschool age child who is enrolled in a childcare program.
(f) References from two neighbors, or in the absence of neighbors, references from two community members shall also be obtained, including but not limited to the name and address of the neighbor or community member, how long he or she has known the applicant, and any concerns they may have about the applicant’s suitability to become a licensed out-of-home caregiver.
(3) Verifications.
(a) The applicant shall provide the agency with proof of the following, if applicable; his or her current marriage license or most recent divorce decree as applicable, documentation of legal residency, driver’s licenses, auto insurance coverage, financial capability and income, child support verification, and pet vaccinations.
(b) The prospective out-of-home caregiver shall have read, completed and signed all documentation required for licensing as listed under paragraph (6)(b) of this section and shall be provided copies of all documents signed upon request.
(4) Employees, Relatives and Sub-Contractors as Licensed Out-of-Home Caregivers. Region, County Sheriff’s Offices and Lead Agencies may choose to license employees as out-of-home caregivers as long as the following conditions are met:
(a) No conflict of interest exists that could result in preferential treatment concerning the placement and movement of children placed in the potential licensed family foster home;
(b) The licensing study is completed by a licensed child-placing agency outside of the lead agency’s service delivery system and submitted to the department for approval;
(c) The lead agency has a procedure approved by the department, which requires the executive director or designee in upper level management of the lead agency to review and approve the submission of all such applications to the department.
(5) Initial Licensing Home Study. A staff person, certified pursuant to Section 402.40(7), F.S., from the supervising agency shall perform a thorough assessment of each prospective licensed out-of-home caregiver and document this assessment in a home study, which shall include, at a minimum:
(a) Demographics: Names, Dates of Birth, Address, and contact numbers;
(b) Pre-service Experience:
1. Dates of pre-service training and a description of the applicant’s participation in the pre-service classes;
2. Applicant’s motivation to foster and his or her commitment to the foster care experience including how other family members and extended family feel about the decision to foster.
(c) Chronology of events. Include dates of home visits and persons interviewed;
(d) Home and Neighborhood:
1. Physical description of the home, including the number of bedrooms and bathrooms, type and number of available beds and current sleeping arrangements, storage space for children’s personal belongings, living area, dining area and other interior space. Interior and exterior photos must be included.
2. A description of how the home complies with safety requirements, including location and verification of operating fire extinguishers with current tag and smoke detectors, storage of medications, cleaning supplies and toxins. The description shall also include the storage of alcoholic beverages, weapons and ammunition, location of burglar bars, fireplaces, handrails on stairways and space heaters, if applicable;
3. Water Safety. A description of the outdoor area including swimming pools, canals, ponds, lakes, streams and other potential water hazards and documentation of the counselor’s discussion with the applicant regarding the requirements for supervision and how the applicant will ensure safety and adequate supervision.
(e) Animals. Description of any household pets, exotic pets, or live stock including immunization verification as required according to Section 828.30, F.S., observations of their care, behavior and how they are maintained and secured. The applicant shall have measures in place to assure safety of foster children from any potentially dangerous animals and this information shall be documented in the home study, if applicable;
(f) Social History: A description of the following shall be included:
1. Background and Family History, including place(s) of birth, description of family relationships during childhood and current state of family relationships, education, types of discipline used in the family, family values, and any prior residences in or out of Florida;
2. Marital Status and Other Significant Relationships.
3. Medical History. Medical history including physical, mental health and other treatments for all household members shall be explored, including debilitating, communicable or progressive diseases or conditions. If there is a concern regarding the physical, mental or emotional health, such as debilitating or progressive diseases, of any member of the household and possible injurious effects on a child, the applicant must supply recent medical reports and evaluations upon request of the supervising agency or Department. The staff person completing the home study shall explore and document in the home study any health concerns of the applicant and household members. This discussion should include the following:
a. Current smoking and alcohol use by household members;
b. Any history of alcohol or substance abuse.
4. Parenting experience of each applicant. All of the applicant’s children shall be identified whether they reside in the home or not. This may also include their parenting experience with any child they may have provided care for, even if on a temporary basis. This section should also include a description of the experience, as opposed to just listing the identities of the applicant’s children or the children they may have parented.
5. Discipline. A description of the methods used by the applicant’s own family while growing up; discipline methods used by the applicant on his or her own children and the plan for disciplining foster care children in the home.
6. Family Life. Document observations of family members’ personalities and their interpersonal relationships. Describe family activities, hobbies and interests and civic involvement. For each child living in the home, describe the child’s school, grades, achievements and interests. Describe each child’s relationship with the applicant and siblings in the home, as well as his or her feelings of having a foster child in the home;
7. Religion. Explore the family’s attitudes regarding prohibitions against seeking medical treatment, celebrating holidays or birthdays, and discipline practices encouraged by their faith. Discuss the applicant’s ability to meet the licensing standard for religious cooperation according to sub-subparagraph 65C-13.029(1)(g)11.d., F.A.C.; and
8. Child Care. Describe day care arrangements, including transportation to and from day care provider, if applicable.
(g) Transportation. Describe the vehicles and who shall be the responsible drivers. A description of each vehicle shall include its physical condition, the seating capacity and the number of seat belts. Seat belts or age and size appropriate safety seats shall be used when transporting children and shall comply with Section 316.613, F.S. Children shall not be transported in the beds of pick-up trucks or on motorcycles.
(h) Employment. Describe current employment status for each parent, including occupation, current place of employment, work hours and flexibility of schedule in case of emergencies, medical or school appointments for foster children.
(i) Financial Capacity and Income. Discuss the applicant’s ability to meet the licensing standard for financial capability as follows: The applicant shall demonstrate financial solvency by providing documentation of the household income and budget sufficient to meet the needs of the family. The additional financial stresses of fostering and how applicants intend to address that stress should also be explored;
(j) Other Adult Household Members. The following information shall be obtained and documented for any other adult household members, whether or not they intend to supervise or assist with the care of the foster child:
1. Background Screening pursuant to Rule 65C-13.023, F.A.C.;
2. Medical History as set forth in subparagraph 65C-13.025(5)(f)3., F.A.C.;
3. What responsibilities they intend to have with the foster child, i.e. transportation, supervision, care giving, and other responsibilities;
(k) Background Screening. The results of all background screening made known to the supervising or lead agency shall be addressed for each individual in the home over twelve years of age. Any arrests, qualifying reports of abuse and findings of protective orders shall be explored and addressed in the study. Failure to comply with any requirements for good moral character and background screening by other adult household members as described in this rule may be grounds for denial, suspension or revocation of an application or license if the person does not leave the home or get an exemption. The supervising agency or the department has the discretion to request background screening for other individuals if there is reasonable belief that:
1. The person may be a household member; or
2. His or her presence in the foster home may adversely affect the health, safety and welfare of the children in the home; or
3. The person has or may have unsupervised contact with the children.
(l) Summary and Recommendations;
1. Characteristics of Applicant. The applicant shall have demonstrated all of the following characteristics to a degree that shall allow him or her to adequately provide licensed out-of-home services, as evidenced through interviews and observations with the family members, communication with references, and their participation in pre-service training and all information in the foster home study:
a. A willingness to work with the supervising agency and all applicable parties to work toward permanence for the foster child as established in the child’s permanency plan as established under Sections 39.01(52) and 39.6011(4), F.S.; and
b. An understanding and respect for the importance of preserving a child’s family connections and relationships.
2. Summarize reference responses and follow up contacts, if applicable, as they relate to the applicant’s suitability and potential success as a licensed out-of-home caregiver. Itemize and state the family’s strengths and needs, taking into consideration all factors affecting the health, safety and welfare of children who might be placed in this home. A recommendation shall be made as to the appropriateness of licensure.
3. If recommending licensure, provide a description of the type of children the family appears most appropriate to foster, including number of children, age, gender(s), types of behaviors, and special needs. Explore and address any limitations or concerns and under what conditions the prospective family would be willing or able to accept the child.
4. If not recommending licensure, the summary shall indicate the specific reasons for the recommendation and identify and address the standards the applicant is unable to meet. The department must make the applicant aware of the appeal process.
(m) The home study summary shall be reviewed, and signed by the licensing counselor and the counselor’s supervisor. A copy of the home study summary shall be provided to the applicant(s).
(6) Application Packet Submission and Approval Process.
(a) The complete application packet shall be submitted to the regional licensing authority. The regional licensing authority shall request any additional information needed within ten calendar days of receipt of the packet.
(b) The application packet shall consist of the following documentation and shall be provided to the licensing authority for review when requesting issuance of a family foster home license:
1. “Application for License to Provide Out-of-Home Care for Dependent Children”, CF-FSP 5007, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/;
2. “Release of Information”, CF-FSP 5090, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/;
3. “Authorization for Release of Health and Medical Information for Prospective Foster or Adoptive Parents”, CF-FSP 5230, October 2005, incorporated by reference and available at http://www.dcf.state.fl.us/publications/ (as needed);
4. Licensing Home Study;
5. Proof of Income;
6. Signed bilateral service agreement as specified in subsection 65C-30.001(11), F.A.C., between the supervising agency, lead agency and the potential licensed out-of-home caregiver. If the home is being licensed by a non-contracted agency, the agreement will be between the supervising agency and the potential licensed out-of-home caregiver;
7. Pre-service training certificate;
8. Pre-service biographical profile;
9. Documentation of water safety training, if applicable;
10. “Confidentiality Agreement”, CF-FSP 5087, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/;
11. Verification of Criminal History Screening as specified in subsection 65C-13.023(2), F.A.C., including:
a. Signed and notarized “Affidavit of Good Moral Character”, CF 1649, May 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/;
b. Local Law Enforcement Check;
c. Civil Court records check as described in Rule 65C-13.023, F.A.C.;
d. Florida Department of Law Enforcement records check;
e. Clearance letter from the department regarding Federal Bureau of Investigation records check;
f. Record check through the department’s Statewide Automated Child Welfare Information System.
g. Abuse registry checks on applicants and adult household members from any previous state the prospective parent(s) or other adult has resided in for the previous five years.
12. References and inquiry responses, including:
a. Three personal references;
b. Neighbor/Community references;
c. Employment reference;
d. References from adult children;
e. School references on all school age children;
f. Childcare references for all preschool children in child care arrangements;
g. References and documentation regarding any previous licensure as out-of-home caregivers.
13. Family Documents:
a. Current marriage certificates;
b. Copy of current divorce decree, if applicable;
c. Custody orders affecting applicant’s children or other children the applicant may have custody of;
d. Documentation of legal residency for applicants not born in the United States;
e. Driver’s license(s) and driving records;
f. Vehicle insurance.
14. Foster Home Safety Documentation:
a. Satisfactory environmental health inspection report from the local health department;
b. Radon testing results (when applicable and as per Section 402.056(4), F.S.);
c. Fire inspection report (where required by local zoning laws);
d. Floor plan;
e. Evacuation and disaster preparedness plans;
f. Pet vaccinations (if applicable).
(7) The regional licensing authority is responsible for ensuring that the licensing application packet is complete, that all licensing requirements are met and for the issuance of the license. The licensing packet shall contain documentation of a review by the lead agency and the department’s regional licensing staff and a recommendation for approval or denial by the regional licensing authority.
(8) If the family foster home is located in a region other than where the submitting supervising agency is located, the application packet shall be submitted to the regional licensing authority where the prospective family foster home is located. The Regional licensing authority shall provide written notification of the outcome of the application to the supervising agency and licensing authority in the region where the supervising agency is licensed within fifteen working days of issuing the license or denial letter.
(9) If the application packet is approved, a license shall be issued to the applicant(s). The license shall include the name and address of the caregiver(s), the name of the supervising agency along with the licensed capacity and the dates for which the license is valid. The regional administrator or designee within upper level management shall sign the license. Any limitations shall be displayed on the license if the study indicates the necessity for such restrictions, such as specific ages or gender preference. An initial license is valid for one year from the date of issuance unless the license is revoked or voluntarily relinquished.
(10) A copy of the license shall be provided by the licensing authority to the supervising agency.
(11) When the department determines that the application shall be denied, the department shall promptly notify the applicant and supervising agency by certified mail, identifying the reasons for the denial of the license, the statutory authority for the denial of the license, and the applicant’s right of appeal pursuant to Chapter 120, F.S.
(12) Unless the applicant voluntarily withdraws the application, the department shall proceed with formal actions pursuant to Rule 65C-13.035, F.A.C.
Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08.
(1) Newly licensed out-of home caregivers shall complete in-service training regarding the provision of psychotherapeutic medications within 120 days of initial licensure. A briefing regarding the provision and monitoring of psychotherapeutic medication shall be provided to the licensed out-of-home caregiver at the time of placement of any child in the home who requires the administration of psychotherapeutic medication. The briefing shall consist of a review of the proper dosage of the medication, the possible side effects and intended effects of the specific medications administered to the child being placed. All training shall be offered through curricula approved by the supervising agency. Licensed out-of-home caregivers already providing care for children prescribed psychotherapeutic medicines at the time of promulgation of this rule shall be provided with the training or briefing within 90 days of promulgation, if the training or briefing has not already been provided and documented in the file.
(2) Prior to the renewal of a license each licensed out-of-home caregiver shall successfully complete at least eight hours of approved in-service training. Licensed out-of-home caregivers shall be offered in-service training opportunities by their supervising agency. Training opportunities shall be offered no less than quarterly and at times and places convenient to the licensed out-of-home caregiver. For those licensed out-of-home caregivers unable to attend, other methods shall be developed for satisfying this requirement. In-service training materials shall be approved by the supervising agency prior to use. Documentation of completed training shall be maintained in the licensure file.
(3) Licensed out-of-home caregivers participating in required in-service training shall be reimbursed for mileage expense at a rate not to exceed the rate paid per mile to supervising agency personnel.
(4) If the absence of the caregiver(s) during training would leave children without approved adult supervision, the supervising agency shall make provisions for child care or shall reimburse the caregiver for child care expenses if it is not provided.
Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08.
Training (Education and Training)
Types of Home Studies
Florida conducts the following types of home studies:
Non-relative
Florida designates staff in each county/region to conduct home studies and/or process interstate placements.
Florida considers a home study as current/valid for:
Private Contract Services - Home Study
As the Sending State, Florida will pay a contractor or private/independent agency in the Receiving State to conduct a home study
As the Receiving State, Florida will permit a Sending state to pay a contractor or private/independent agency in the Receiving State to conduct a home study.
As the Receiving State, Florida will accept/update a home study that was not originally conducted by the receiving state or a private contractor acting on behalf of the Receiving State.
Adoptive Home Studies
Home study for adoption conducted prior to Termination of Parental Rights (TPR)
Prospective adoptive parents permitted to pay for a pre-adoptive home study
DCPS contracts for Purchase of Services with private agencies in other states:
Foster Care Home Study
Home study for foster care conducted prior to Termination of Parental Rights (TPR)
Parent Home Study
If child has been removed from the parent, Florida requires a home study evaluation before reunification.
(2) In cases where the issue before the court is whether a child should be reunited with a parent, the court shall determine whether the parent has substantially complied with the terms of the case plan to the extent that the safety, well-being, and physical, mental, and emotional health of the child is not endangered by the return of the child to the home.
Non-Custodial Parents
Placements with non-custodial parents are not covered under the ICPC if:
(b) If there is a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the jurisdiction of the court who desires to assume custody of the child, the court shall place the child with that parent upon completion of a home study, unless the court finds that such placement would endanger the safety, well-being, or physical, mental, or emotional health of the child. Any party with knowledge of the facts may present to the court evidence regarding whether the placement will endanger the safety, well-being, or physical, mental, or emotional health of the child. If the court places the child with such parent, it may do either of the following:
1. Order that the parent assume sole custodial responsibilities for the child. The court may also provide for reasonable visitation by the noncustodial parent. The court may then terminate its jurisdiction over the child.
2. Order that the parent assume custody subject to the jurisdiction of the circuit court hearing dependency matters. The court may order that reunification services be provided to the parent from whom the child has been removed, that services be provided solely to the parent who is assuming physical custody in order to allow that parent to retain later custody without court jurisdiction, or that services be provided to both parents, in which case the court shall determine at every review hearing which parent, if either, shall have custody of the child. The standard for changing custody of the child from one parent to another or to a relative or another adult approved by the court shall be the best interest of the child.
Proof of Paternity is required:
Relative/Kinship Home Study
Home study for relatives conducted prior to Termination of Parental Rights (TPR)
Define Relative
F.S. 39.01(64) "Relative" means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent.
Relatives must be licensed:
Proof of Paternity is required:
Florida considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
Regulation 7 Priority Placement
Florida performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study) - Public
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Wait time to complete Home Study, only (without criminal records check):
Wait Time (ICPC Interstate Home Study) - Private
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Wait time to complete Home Study, only (without criminal records check):
Florida determines the "Date of Receipt" for an interstate home study as:
The day the completed home study request packet is received in the central office.
Method of requesting, sending, and/or reporting an interstate home study
Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
---|---|---|---|---|
Send request for a home study to Receiving State | y | y | y | y |
Send home study report to Sending State | y | y | y | y |
Criminal Record Checks
Florida requires criminal background checks for the following home studies:
Non-relative
Type of Checks (Crim. & Abuse Neglect Registry)
Florida requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
Federal | State | Local | ANR | NR | |
---|---|---|---|---|---|
Foster Care | y | y | y | y | |
Relative | y | y | y | y | |
Relative Foster Care | y | y | y | y | |
Foster-Adopt | y | y | y | y | |
Adoption | y | y | y | y | |
Parent | y | y | y | y |
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 48-72 hours
- Local/County: 48-72 hours
Manually - Fingerprint Card
- State: 31-60 days
- Local/County: 31-60 days
Florida conducts the following types of home studies:
Non-relative
ICPC Placement Checklists
Adoption | Foster | Foster-Adopt | Parent | Relative | Residential | Electronic Transmission Accepted * | |
---|---|---|---|---|---|---|---|
ICPC 100A (Placement Request) | y | y | y | y | y | y | S; R; L |
ICPC – 100 B (if child is in the Receiving State) | y | y | y | y | y | y | S; R; L |
Home Study Report | y | y | y | y | y | S; R; L | |
Court Order | y | y | y | y | y | y | S; R; L |
Criminal History | y | y | y | y | y | S; R; L | |
Criminal Background Check/Verification | y | y | y | y | y | S; R; L | |
Education and Training Verification | y | y | y | S; R; L | |||
Financial/ Medical Plan to support placement | y | y | y | y | y | y | S; R; L |
Social History/ Case Plan | y | y | y | y | y | y | S; R; L |
Title IV-E Status | y | y | y | y | y | y | S; R; L |
Supervisory/ Progress Reports | y | y | y | y | y | y | S; R; L |
Date of Receipt - Home Study
Florida determines the "Date of Receipt" for an interstate home study as:
The day the completed home study request packet is received in the central office.
Florida designates staff in each county/region to conduct home studies and/or process interstate placements.
Private Contract Services - Home Study
As the Sending State, Florida will pay a contractor or private/independent agency in the Receiving State to conduct a home study
Criminal Records Checks
Florida requires criminal background checks for the following home studies:
Non-relative
Type of Checks (Crim. & Abuse Neglect Registry)
Florida requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
Federal | State | Local | ANR | NR | |
---|---|---|---|---|---|
Foster Care | y | y | y | y | |
Relative | y | y | y | y | |
Relative Foster Care | y | y | y | y | |
Foster-Adopt | y | y | y | y | |
Adoption | y | y | y | y | |
Parent | y | y | y | y |
Mailing Process - Interstate Home Study
Method of requesting, sending, and/or reporting an interstate home study
Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
---|---|---|---|---|
Send request for a home study to Receiving State | y | y | y | y |
Send home study report to Sending State | y | y | y | y |
Wait/Processing Times
Wait Time (ICPC Interstate Home Study) - Public
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Wait time to complete Home Study, only (without criminal records check):
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 48-72 hours
- Local/County: 48-72 hours
Manually - Fingerprint Card
- State: 31-60 days
- Local/County: 31-60 days
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
Length of time a license is valid before renewal required.
Florida offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
Wait Time for ICPC Decision
Foster Care | Relative | Relative - Foster Care | Parent | Foster - Adopt | Adoption (Public) |
Adoption (Private) |
Adoption (Independent) |
---|---|---|---|---|---|---|---|
2-3months | 1-2 months | 1-2 months | 1-2 months | 1-2 months | 1-2 months | 1- 30 days | 1- 30 days |
Data Collection
Florida collects, tracks and reports interstate data via:
Florida collects, tracks and reports interstate home studies via
Licensing
Dual Licensing state:
Florida uses the following terms to authorize a resource family for foster care and (or) adoption after completion of education and training in state:
Florida requires the following types of placement resources to be licensed/approved/certified:
Florida resource training program is as follows:
Florida will give full or partial credit for foster care and adoption education and training completed in another state:
Title IV-E documentation/verification required
Requirements (Licensing)
Licensing Requirements
(1) The department shall conduct background screenings for all persons considered by the department for initial licensure or re-licensure as an out-of-home caregiver and all adult household members pursuant to Section 409.175, F.S. These screenings shall be completed before an applicant shall be licensed as an out-of-home caregiver and before any children are placed in the home. Exemptions from disqualification may be granted to potential licensed out-of-home caregivers for crimes or offenses covered by Sections 435.07(1) and (2), F.S., and according to the guidelines established under Sections 435.07(3) and (4), F.S. Failure to comply with any requirement for good moral character and background screening as described in this rule may be grounds for denial, suspension or revocation of an application or license. The supervising agency or the department has the discretion to request background screening for other individuals if there is reasonable belief that:
(a) The person may be a household member; or
(b) His or her presence in the foster home may adversely affect the health, safety and welfare of the children in the home; or
(c) The person has or may have unsupervised contact with the children.
(2) These screenings shall, at a minimum, include fingerprinting; statewide criminal and juvenile records checks through the Florida Department of Law Enforcement; federal criminal records checks through the Federal Bureau of Investigation; local criminal record checks through local law enforcement agencies, and may include records of any responses to the home by law enforcement that did not result in criminal charges. Records checks through the department’s Statewide Automated Child Welfare Information System (SACWIS) regarding child abuse and neglect investigations and civil court records checks regarding domestic violence complaints and orders of protection must also be included. If the applicant or any other adult household member has resided in any other state over the past five years, requests for abuse and neglect histories must be made of those states, and the results of such requests included with the application packet. Only abuse and neglect reports in which the person being considered for licensure was named as the “caregiver responsible” for the abuse or neglect may be used for initial licensing decisions. If the person applying is or was a licensee of the department and was named in any capacity in three or more reports during a five year period, regardless of classification, those reports may be reviewed by the department for their relevancy as it relates to the licensing decision. All reports in which the person seeking licensure or re-licensure was named as the “caregiver responsible” must be considered for licensing purposes. For homes being considered for licensure for longer than one year under Section 409.175(6)(j), F.S., all abuse reports with any findings shall be considered.
(3) Each applicant and adult household member being screened shall sign an “Affidavit of Good Moral Character”, CF 1649, May 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/, and a “Release of Information”, CF-FSP 5090, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/. Failure to comply with any requirement for good moral character and background screening as described in this rule may be grounds for denial, suspension or revocation of an application or license.
(4) Each applicant and adult household member being screened under this section shall provide all the names, under which he or she has been known.
(5) For children between the ages of twelve and eighteen, the background screening shall be limited to statewide criminal and juvenile records name checks through the Florida Department of Law Enforcement and does not require fingerprinting. Screening of young adults age 18 through 22 who are receiving services through Chapter 65C-31, F.A.C., and who have had no break in service provision are not required to be screened.
(6) The background screenings under this section shall ensure that no out-of-home caregiver licensed by the department and no person residing in a family foster home has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to any offense prohibited under Section 435.04, F.S., or similar statutes of another jurisdiction at any time. When the individual who is being screened is a former dependent child under 23 years of age and the security background screening reveals a disqualifying offense which was committed during or prior to the time that the child was dependent, that offense shall not automatically affect the licensure of the out-of-home caregivers. Exemptions for disqualifying offenses may be sought under Section 435.07, F.S.
(7) All records obtained, as a part of the background screening, shall be considered in the process of determining whether to issue a foster care license or if there is a current license, whether the license should be revoked. Such records shall include findings of delinquency; any misdemeanor or felony criminal arrests resulting in a plea of nolo contendere or conviction; any criminal traffic offenses resulting in a plea of nolo contendere or conviction, and any civil cases of domestic violence and orders for protection. Crimes perpetrated in other states that are misdemeanors in that state but would be felonies listed under Section 435.04, F.S., if committed in Florida shall be considered as disqualifying offenses by the department for licensing decisions.
(8) Persons who are currently licensed as out-of-home caregivers and any adult household members shall be re-screened at least annually as a part of the application for re-licensing. Annual screening for re-licensure shall be limited to a local criminal records check, an abuse and neglect record check clearance through the Statewide Automated Child Welfare Information System, and may include records of any responses to the home by law enforcement that did not result in criminal charges, and any 911 calls to the home. The state criminal records checks shall be completed every five years through the Florida Department of Law Enforcement. The background screening of a prospective out-of-home caregiver shall ensure that any previous licensing, registration or certification as an out-of home caregiver in Florida or in any other state or country is considered. Abuse and neglect reports in which the applicant was named in any capacity in three institutional reports, regardless of classification over the past five years shall be reviewed for relevancy related to the licensing decision and may be used in determining whether to renew or revoke the person’s license. All reports with any findings may be considered for the purposes of re-licensing a home for more than one year under Section 409.175(6)(j), F.S.
(9) The cost of all background screening activities shall be borne by the supervising or lead agency.
Specific Authority 39.012, 39.0121, 409.175 FS. Law Implemented 39.0121, 409.175(5)(a)5., 435.04 FS. History–New 4-6-08.
(1) All prospective out-of-home caregivers shall successfully complete a department approved parent preparation training as a condition of licensure.
(2) Pre-service training shall meet the requirements of Section 409.175(14)(b), F.S., and shall include training for out-of-home caregivers on decision-making related to the balance of normalcy for children in care and their safety. As a prerequisite to licensure, potential licensed out-of-home caregivers who have swimming pools or whose homes are adjacent to bodies of water unprotected by a barrier of at least four feet will be required to complete a basic water safety course administered by the American Red Cross, YMCA or a trainer certified in water safety training. This requirement does not apply to homes with wading pools, which are temporary and portable pools with a depth of less than two feet. Standing water shall not remain in wading pools when not in use.
(3) Each pre-service class shall be led by a certified child protection professional according to Section 402.40(7), F.S., who has a bachelor’s degree or a master’s degree from an accredited college or university, and should include a licensed out-of-home caregiver as a co-facilitator. In addition, a young adult formerly in foster care must be invited to participate in one or more sessions of the training to ensure that prospective out-of-home caregivers may benefit from the former foster youth perspective.
(4) The certified child protection professional trainer is responsible for ensuring that the pre-service curriculum is presented and discussed and that copies of all handouts and reading materials are provided to the participants.
(5) Individualized training may be completed with the approval of the lead agency. If individualized training is done, the certified trainer is responsible for complying with the requirements set forth for pre-service training in Section 409.175(14)(b), F.S.
(6) Prospective foster and adoptive parents may elect to attend pre-service training as defined in subsection (2) of this section, offered by any licensed child placing agency. Agencies are expected to work cooperatively with each other and prospective licensed out-of-home caregivers to ensure the ongoing availability of pre-service training for all prospective out-of-home caregivers.
(7) Exemptions to the pre-service training may be made for individuals who have successfully completed pre-service training equivalent to the pre-service training offered by the local supervising agency, provided the training was completed within the last five years and the individual(s) provide(s) proof of successful completion. If there have been changes or updates in the curriculum, the individual must take those portions of the course only. Supervising agencies may request any information regarding the curriculum completed for the purposes of making a recommendation to the department. The department shall review the curriculum content and consider the recommendation of the supervising agency in determining whether the individual may be exempt from attending the pre-service training offered by the supervising or child placing agency.
(8) When an individual successfully completes pre-service training but does not continue the licensing process, the supervising agency staff shall document the reason(s) the process was discontinued. Previously completed pre-service training may be accepted towards licensure for up to five years from the date of verified curriculum completion. Previously licensed out-of-home caregivers who have a break in service of less than one year, but who completed pre-service less than four years prior to requesting renewal may be licensed without completing pre-service.
Specific Authority 409.175, 402.40(10) FS. Law Implemented 409.175, 402.40(7) FS. History–New 4-6-08.
(1) General.
(a) Each applicant wishing to become a licensed out-of-home caregiver shall complete the “Application for License to Provide Out-of-Home Care for Dependent Children”, CF-FSP 5007, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/. Married persons living together shall both sign the application. After completing training and home study process, any person who requests an application either verbally or in writing shall be provided one.
(b) The supervising agency completing the home study shall, at a minimum, conduct two visits to the applicant’s home, inspect the entire indoor and outdoor premises, document the conditions, and conduct face to face interviews with all household members. The dates, names of persons interviewed and summary of these interviews shall be documented in the home study.
(c) The supervising agency is responsible for advising the applicant of all rules, regulations, and standards that apply to the applicant if a license is issued.
(2) References.
(a) There shall be a minimum of three personal reference that shall not be related to the applicant being screened and shall have known the applicant for at least two years. Reference inquiry responses may be obtained in writing from the individual(s) or documented by the supervising agency staff based on conversations with the person giving the reference.
(b) References shall be obtained from the adult children of each applicant. These references shall address the applicant’s suitability to become a licensed out-of-home caregiver. All unsuccessful attempts to solicit information shall be documented and the overall impact of the missing information considered as a part of the recommendation to license or not to license.
(c) The agency shall obtain a current employment reference for each applicant. At a minimum, this reference shall include sufficient information to establish or corroborate the applicant’s current employment status. If current employment is less than two consecutive years in duration, secondary employment references shall be obtained. If the applicant is self-employed, a reference from a current customer or associate of the applicant shall meet this requirement. If an applicant is not currently employed a former employer or additional personal reference shall suffice.
(d) The agency shall obtain references from school personnel of each school age child residing in the home.
(e) References shall be obtained from the childcare provider of any preschool age child who is enrolled in a childcare program.
(f) References from two neighbors, or in the absence of neighbors, references from two community members shall also be obtained, including but not limited to the name and address of the neighbor or community member, how long he or she has known the applicant, and any concerns they may have about the applicant’s suitability to become a licensed out-of-home caregiver.
(3) Verifications.
(a) The applicant shall provide the agency with proof of the following, if applicable; his or her current marriage license or most recent divorce decree as applicable, documentation of legal residency, driver’s licenses, auto insurance coverage, financial capability and income, child support verification, and pet vaccinations.
(b) The prospective out-of-home caregiver shall have read, completed and signed all documentation required for licensing as listed under paragraph (6)(b) of this section and shall be provided copies of all documents signed upon request.
(4) Employees, Relatives and Sub-Contractors as Licensed Out-of-Home Caregivers. Region, County Sheriff’s Offices and Lead Agencies may choose to license employees as out-of-home caregivers as long as the following conditions are met:
(a) No conflict of interest exists that could result in preferential treatment concerning the placement and movement of children placed in the potential licensed family foster home;
(b) The licensing study is completed by a licensed child-placing agency outside of the lead agency’s service delivery system and submitted to the department for approval;
(c) The lead agency has a procedure approved by the department, which requires the executive director or designee in upper level management of the lead agency to review and approve the submission of all such applications to the department.
(5) Initial Licensing Home Study. A staff person, certified pursuant to Section 402.40(7), F.S., from the supervising agency shall perform a thorough assessment of each prospective licensed out-of-home caregiver and document this assessment in a home study, which shall include, at a minimum:
(a) Demographics: Names, Dates of Birth, Address, and contact numbers;
(b) Pre-service Experience:
1. Dates of pre-service training and a description of the applicant’s participation in the pre-service classes;
2. Applicant’s motivation to foster and his or her commitment to the foster care experience including how other family members and extended family feel about the decision to foster.
(c) Chronology of events. Include dates of home visits and persons interviewed;
(d) Home and Neighborhood:
1. Physical description of the home, including the number of bedrooms and bathrooms, type and number of available beds and current sleeping arrangements, storage space for children’s personal belongings, living area, dining area and other interior space. Interior and exterior photos must be included.
2. A description of how the home complies with safety requirements, including location and verification of operating fire extinguishers with current tag and smoke detectors, storage of medications, cleaning supplies and toxins. The description shall also include the storage of alcoholic beverages, weapons and ammunition, location of burglar bars, fireplaces, handrails on stairways and space heaters, if applicable;
3. Water Safety. A description of the outdoor area including swimming pools, canals, ponds, lakes, streams and other potential water hazards and documentation of the counselor’s discussion with the applicant regarding the requirements for supervision and how the applicant will ensure safety and adequate supervision.
(e) Animals. Description of any household pets, exotic pets, or live stock including immunization verification as required according to Section 828.30, F.S., observations of their care, behavior and how they are maintained and secured. The applicant shall have measures in place to assure safety of foster children from any potentially dangerous animals and this information shall be documented in the home study, if applicable;
(f) Social History: A description of the following shall be included:
1. Background and Family History, including place(s) of birth, description of family relationships during childhood and current state of family relationships, education, types of discipline used in the family, family values, and any prior residences in or out of Florida;
2. Marital Status and Other Significant Relationships.
3. Medical History. Medical history including physical, mental health and other treatments for all household members shall be explored, including debilitating, communicable or progressive diseases or conditions. If there is a concern regarding the physical, mental or emotional health, such as debilitating or progressive diseases, of any member of the household and possible injurious effects on a child, the applicant must supply recent medical reports and evaluations upon request of the supervising agency or Department. The staff person completing the home study shall explore and document in the home study any health concerns of the applicant and household members. This discussion should include the following:
a. Current smoking and alcohol use by household members;
b. Any history of alcohol or substance abuse.
4. Parenting experience of each applicant. All of the applicant’s children shall be identified whether they reside in the home or not. This may also include their parenting experience with any child they may have provided care for, even if on a temporary basis. This section should also include a description of the experience, as opposed to just listing the identities of the applicant’s children or the children they may have parented.
5. Discipline. A description of the methods used by the applicant’s own family while growing up; discipline methods used by the applicant on his or her own children and the plan for disciplining foster care children in the home.
6. Family Life. Document observations of family members’ personalities and their interpersonal relationships. Describe family activities, hobbies and interests and civic involvement. For each child living in the home, describe the child’s school, grades, achievements and interests. Describe each child’s relationship with the applicant and siblings in the home, as well as his or her feelings of having a foster child in the home;
7. Religion. Explore the family’s attitudes regarding prohibitions against seeking medical treatment, celebrating holidays or birthdays, and discipline practices encouraged by their faith. Discuss the applicant’s ability to meet the licensing standard for religious cooperation according to sub-subparagraph 65C-13.029(1)(g)11.d., F.A.C.; and
8. Child Care. Describe day care arrangements, including transportation to and from day care provider, if applicable.
(g) Transportation. Describe the vehicles and who shall be the responsible drivers. A description of each vehicle shall include its physical condition, the seating capacity and the number of seat belts. Seat belts or age and size appropriate safety seats shall be used when transporting children and shall comply with Section 316.613, F.S. Children shall not be transported in the beds of pick-up trucks or on motorcycles.
(h) Employment. Describe current employment status for each parent, including occupation, current place of employment, work hours and flexibility of schedule in case of emergencies, medical or school appointments for foster children.
(i) Financial Capacity and Income. Discuss the applicant’s ability to meet the licensing standard for financial capability as follows: The applicant shall demonstrate financial solvency by providing documentation of the household income and budget sufficient to meet the needs of the family. The additional financial stresses of fostering and how applicants intend to address that stress should also be explored;
(j) Other Adult Household Members. The following information shall be obtained and documented for any other adult household members, whether or not they intend to supervise or assist with the care of the foster child:
1. Background Screening pursuant to Rule 65C-13.023, F.A.C.;
2. Medical History as set forth in subparagraph 65C-13.025(5)(f)3., F.A.C.;
3. What responsibilities they intend to have with the foster child, i.e. transportation, supervision, care giving, and other responsibilities;
(k) Background Screening. The results of all background screening made known to the supervising or lead agency shall be addressed for each individual in the home over twelve years of age. Any arrests, qualifying reports of abuse and findings of protective orders shall be explored and addressed in the study. Failure to comply with any requirements for good moral character and background screening by other adult household members as described in this rule may be grounds for denial, suspension or revocation of an application or license if the person does not leave the home or get an exemption. The supervising agency or the department has the discretion to request background screening for other individuals if there is reasonable belief that:
1. The person may be a household member; or
2. His or her presence in the foster home may adversely affect the health, safety and welfare of the children in the home; or
3. The person has or may have unsupervised contact with the children.
(l) Summary and Recommendations;
1. Characteristics of Applicant. The applicant shall have demonstrated all of the following characteristics to a degree that shall allow him or her to adequately provide licensed out-of-home services, as evidenced through interviews and observations with the family members, communication with references, and their participation in pre-service training and all information in the foster home study:
a. A willingness to work with the supervising agency and all applicable parties to work toward permanence for the foster child as established in the child’s permanency plan as established under Sections 39.01(52) and 39.6011(4), F.S.; and
b. An understanding and respect for the importance of preserving a child’s family connections and relationships.
2. Summarize reference responses and follow up contacts, if applicable, as they relate to the applicant’s suitability and potential success as a licensed out-of-home caregiver. Itemize and state the family’s strengths and needs, taking into consideration all factors affecting the health, safety and welfare of children who might be placed in this home. A recommendation shall be made as to the appropriateness of licensure.
3. If recommending licensure, provide a description of the type of children the family appears most appropriate to foster, including number of children, age, gender(s), types of behaviors, and special needs. Explore and address any limitations or concerns and under what conditions the prospective family would be willing or able to accept the child.
4. If not recommending licensure, the summary shall indicate the specific reasons for the recommendation and identify and address the standards the applicant is unable to meet. The department must make the applicant aware of the appeal process.
(m) The home study summary shall be reviewed, and signed by the licensing counselor and the counselor’s supervisor. A copy of the home study summary shall be provided to the applicant(s).
(6) Application Packet Submission and Approval Process.
(a) The complete application packet shall be submitted to the regional licensing authority. The regional licensing authority shall request any additional information needed within ten calendar days of receipt of the packet.
(b) The application packet shall consist of the following documentation and shall be provided to the licensing authority for review when requesting issuance of a family foster home license:
1. “Application for License to Provide Out-of-Home Care for Dependent Children”, CF-FSP 5007, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/;
2. “Release of Information”, CF-FSP 5090, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/;
3. “Authorization for Release of Health and Medical Information for Prospective Foster or Adoptive Parents”, CF-FSP 5230, October 2005, incorporated by reference and available at http://www.dcf.state.fl.us/publications/ (as needed);
4. Licensing Home Study;
5. Proof of Income;
6. Signed bilateral service agreement as specified in subsection 65C-30.001(11), F.A.C., between the supervising agency, lead agency and the potential licensed out-of-home caregiver. If the home is being licensed by a non-contracted agency, the agreement will be between the supervising agency and the potential licensed out-of-home caregiver;
7. Pre-service training certificate;
8. Pre-service biographical profile;
9. Documentation of water safety training, if applicable;
10. “Confidentiality Agreement”, CF-FSP 5087, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/;
11. Verification of Criminal History Screening as specified in subsection 65C-13.023(2), F.A.C., including:
a. Signed and notarized “Affidavit of Good Moral Character”, CF 1649, May 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/;
b. Local Law Enforcement Check;
c. Civil Court records check as described in Rule 65C-13.023, F.A.C.;
d. Florida Department of Law Enforcement records check;
e. Clearance letter from the department regarding Federal Bureau of Investigation records check;
f. Record check through the department’s Statewide Automated Child Welfare Information System.
g. Abuse registry checks on applicants and adult household members from any previous state the prospective parent(s) or other adult has resided in for the previous five years.
12. References and inquiry responses, including:
a. Three personal references;
b. Neighbor/Community references;
c. Employment reference;
d. References from adult children;
e. School references on all school age children;
f. Childcare references for all preschool children in child care arrangements;
g. References and documentation regarding any previous licensure as out-of-home caregivers.
13. Family Documents:
a. Current marriage certificates;
b. Copy of current divorce decree, if applicable;
c. Custody orders affecting applicant’s children or other children the applicant may have custody of;
d. Documentation of legal residency for applicants not born in the United States;
e. Driver’s license(s) and driving records;
f. Vehicle insurance.
14. Foster Home Safety Documentation:
a. Satisfactory environmental health inspection report from the local health department;
b. Radon testing results (when applicable and as per Section 402.056(4), F.S.);
c. Fire inspection report (where required by local zoning laws);
d. Floor plan;
e. Evacuation and disaster preparedness plans;
f. Pet vaccinations (if applicable).
(7) The regional licensing authority is responsible for ensuring that the licensing application packet is complete, that all licensing requirements are met and for the issuance of the license. The licensing packet shall contain documentation of a review by the lead agency and the department’s regional licensing staff and a recommendation for approval or denial by the regional licensing authority.
(8) If the family foster home is located in a region other than where the submitting supervising agency is located, the application packet shall be submitted to the regional licensing authority where the prospective family foster home is located. The Regional licensing authority shall provide written notification of the outcome of the application to the supervising agency and licensing authority in the region where the supervising agency is licensed within fifteen working days of issuing the license or denial letter.
(9) If the application packet is approved, a license shall be issued to the applicant(s). The license shall include the name and address of the caregiver(s), the name of the supervising agency along with the licensed capacity and the dates for which the license is valid. The regional administrator or designee within upper level management shall sign the license. Any limitations shall be displayed on the license if the study indicates the necessity for such restrictions, such as specific ages or gender preference. An initial license is valid for one year from the date of issuance unless the license is revoked or voluntarily relinquished.
(10) A copy of the license shall be provided by the licensing authority to the supervising agency.
(11) When the department determines that the application shall be denied, the department shall promptly notify the applicant and supervising agency by certified mail, identifying the reasons for the denial of the license, the statutory authority for the denial of the license, and the applicant’s right of appeal pursuant to Chapter 120, F.S.
(12) Unless the applicant voluntarily withdraws the application, the department shall proceed with formal actions pursuant to Rule 65C-13.035, F.A.C.
Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08.
(1) Newly licensed out-of home caregivers shall complete in-service training regarding the provision of psychotherapeutic medications within 120 days of initial licensure. A briefing regarding the provision and monitoring of psychotherapeutic medication shall be provided to the licensed out-of-home caregiver at the time of placement of any child in the home who requires the administration of psychotherapeutic medication. The briefing shall consist of a review of the proper dosage of the medication, the possible side effects and intended effects of the specific medications administered to the child being placed. All training shall be offered through curricula approved by the supervising agency. Licensed out-of-home caregivers already providing care for children prescribed psychotherapeutic medicines at the time of promulgation of this rule shall be provided with the training or briefing within 90 days of promulgation, if the training or briefing has not already been provided and documented in the file.
(2) Prior to the renewal of a license each licensed out-of-home caregiver shall successfully complete at least eight hours of approved in-service training. Licensed out-of-home caregivers shall be offered in-service training opportunities by their supervising agency. Training opportunities shall be offered no less than quarterly and at times and places convenient to the licensed out-of-home caregiver. For those licensed out-of-home caregivers unable to attend, other methods shall be developed for satisfying this requirement. In-service training materials shall be approved by the supervising agency prior to use. Documentation of completed training shall be maintained in the licensure file.
(3) Licensed out-of-home caregivers participating in required in-service training shall be reimbursed for mileage expense at a rate not to exceed the rate paid per mile to supervising agency personnel.
(4) If the absence of the caregiver(s) during training would leave children without approved adult supervision, the supervising agency shall make provisions for child care or shall reimburse the caregiver for child care expenses if it is not provided.
Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08.
Foster Care Placements
(1) The department shall conduct background screenings for all persons considered by the department for initial licensure or re-licensure as an out-of-home caregiver and all adult household members pursuant to Section 409.175, F.S. These screenings shall be completed before an applicant shall be licensed as an out-of-home caregiver and before any children are placed in the home. Exemptions from disqualification may be granted to potential licensed out-of-home caregivers for crimes or offenses covered by Sections 435.07(1) and (2), F.S., and according to the guidelines established under Sections 435.07(3) and (4), F.S. Failure to comply with any requirement for good moral character and background screening as described in this rule may be grounds for denial, suspension or revocation of an application or license. The supervising agency or the department has the discretion to request background screening for other individuals if there is reasonable belief that:
(a) The person may be a household member; or
(b) His or her presence in the foster home may adversely affect the health, safety and welfare of the children in the home; or
(c) The person has or may have unsupervised contact with the children.
(2) These screenings shall, at a minimum, include fingerprinting; statewide criminal and juvenile records checks through the Florida Department of Law Enforcement; federal criminal records checks through the Federal Bureau of Investigation; local criminal record checks through local law enforcement agencies, and may include records of any responses to the home by law enforcement that did not result in criminal charges. Records checks through the department’s Statewide Automated Child Welfare Information System (SACWIS) regarding child abuse and neglect investigations and civil court records checks regarding domestic violence complaints and orders of protection must also be included. If the applicant or any other adult household member has resided in any other state over the past five years, requests for abuse and neglect histories must be made of those states, and the results of such requests included with the application packet. Only abuse and neglect reports in which the person being considered for licensure was named as the “caregiver responsible” for the abuse or neglect may be used for initial licensing decisions. If the person applying is or was a licensee of the department and was named in any capacity in three or more reports during a five year period, regardless of classification, those reports may be reviewed by the department for their relevancy as it relates to the licensing decision. All reports in which the person seeking licensure or re-licensure was named as the “caregiver responsible” must be considered for licensing purposes. For homes being considered for licensure for longer than one year under Section 409.175(6)(j), F.S., all abuse reports with any findings shall be considered.
(3) Each applicant and adult household member being screened shall sign an “Affidavit of Good Moral Character”, CF 1649, May 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/, and a “Release of Information”, CF-FSP 5090, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/. Failure to comply with any requirement for good moral character and background screening as described in this rule may be grounds for denial, suspension or revocation of an application or license.
(4) Each applicant and adult household member being screened under this section shall provide all the names, under which he or she has been known.
(5) For children between the ages of twelve and eighteen, the background screening shall be limited to statewide criminal and juvenile records name checks through the Florida Department of Law Enforcement and does not require fingerprinting. Screening of young adults age 18 through 22 who are receiving services through Chapter 65C-31, F.A.C., and who have had no break in service provision are not required to be screened.
(6) The background screenings under this section shall ensure that no out-of-home caregiver licensed by the department and no person residing in a family foster home has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to any offense prohibited under Section 435.04, F.S., or similar statutes of another jurisdiction at any time. When the individual who is being screened is a former dependent child under 23 years of age and the security background screening reveals a disqualifying offense which was committed during or prior to the time that the child was dependent, that offense shall not automatically affect the licensure of the out-of-home caregivers. Exemptions for disqualifying offenses may be sought under Section 435.07, F.S.
(7) All records obtained, as a part of the background screening, shall be considered in the process of determining whether to issue a foster care license or if there is a current license, whether the license should be revoked. Such records shall include findings of delinquency; any misdemeanor or felony criminal arrests resulting in a plea of nolo contendere or conviction; any criminal traffic offenses resulting in a plea of nolo contendere or conviction, and any civil cases of domestic violence and orders for protection. Crimes perpetrated in other states that are misdemeanors in that state but would be felonies listed under Section 435.04, F.S., if committed in Florida shall be considered as disqualifying offenses by the department for licensing decisions.
(8) Persons who are currently licensed as out-of-home caregivers and any adult household members shall be re-screened at least annually as a part of the application for re-licensing. Annual screening for re-licensure shall be limited to a local criminal records check, an abuse and neglect record check clearance through the Statewide Automated Child Welfare Information System, and may include records of any responses to the home by law enforcement that did not result in criminal charges, and any 911 calls to the home. The state criminal records checks shall be completed every five years through the Florida Department of Law Enforcement. The background screening of a prospective out-of-home caregiver shall ensure that any previous licensing, registration or certification as an out-of home caregiver in Florida or in any other state or country is considered. Abuse and neglect reports in which the applicant was named in any capacity in three institutional reports, regardless of classification over the past five years shall be reviewed for relevancy related to the licensing decision and may be used in determining whether to renew or revoke the person’s license. All reports with any findings may be considered for the purposes of re-licensing a home for more than one year under Section 409.175(6)(j), F.S.
(9) The cost of all background screening activities shall be borne by the supervising or lead agency.
Specific Authority 39.012, 39.0121, 409.175 FS. Law Implemented 39.0121, 409.175(5)(a)5., 435.04 FS. History–New 4-6-08.
(1) All prospective out-of-home caregivers shall successfully complete a department approved parent preparation training as a condition of licensure.
(2) Pre-service training shall meet the requirements of Section 409.175(14)(b), F.S., and shall include training for out-of-home caregivers on decision-making related to the balance of normalcy for children in care and their safety. As a prerequisite to licensure, potential licensed out-of-home caregivers who have swimming pools or whose homes are adjacent to bodies of water unprotected by a barrier of at least four feet will be required to complete a basic water safety course administered by the American Red Cross, YMCA or a trainer certified in water safety training. This requirement does not apply to homes with wading pools, which are temporary and portable pools with a depth of less than two feet. Standing water shall not remain in wading pools when not in use.
(3) Each pre-service class shall be led by a certified child protection professional according to Section 402.40(7), F.S., who has a bachelor’s degree or a master’s degree from an accredited college or university, and should include a licensed out-of-home caregiver as a co-facilitator. In addition, a young adult formerly in foster care must be invited to participate in one or more sessions of the training to ensure that prospective out-of-home caregivers may benefit from the former foster youth perspective.
(4) The certified child protection professional trainer is responsible for ensuring that the pre-service curriculum is presented and discussed and that copies of all handouts and reading materials are provided to the participants.
(5) Individualized training may be completed with the approval of the lead agency. If individualized training is done, the certified trainer is responsible for complying with the requirements set forth for pre-service training in Section 409.175(14)(b), F.S.
(6) Prospective foster and adoptive parents may elect to attend pre-service training as defined in subsection (2) of this section, offered by any licensed child placing agency. Agencies are expected to work cooperatively with each other and prospective licensed out-of-home caregivers to ensure the ongoing availability of pre-service training for all prospective out-of-home caregivers.
(7) Exemptions to the pre-service training may be made for individuals who have successfully completed pre-service training equivalent to the pre-service training offered by the local supervising agency, provided the training was completed within the last five years and the individual(s) provide(s) proof of successful completion. If there have been changes or updates in the curriculum, the individual must take those portions of the course only. Supervising agencies may request any information regarding the curriculum completed for the purposes of making a recommendation to the department. The department shall review the curriculum content and consider the recommendation of the supervising agency in determining whether the individual may be exempt from attending the pre-service training offered by the supervising or child placing agency.
(8) When an individual successfully completes pre-service training but does not continue the licensing process, the supervising agency staff shall document the reason(s) the process was discontinued. Previously completed pre-service training may be accepted towards licensure for up to five years from the date of verified curriculum completion. Previously licensed out-of-home caregivers who have a break in service of less than one year, but who completed pre-service less than four years prior to requesting renewal may be licensed without completing pre-service.
Specific Authority 409.175, 402.40(10) FS. Law Implemented 409.175, 402.40(7) FS. History–New 4-6-08.
(1) General.
(a) Each applicant wishing to become a licensed out-of-home caregiver shall complete the “Application for License to Provide Out-of-Home Care for Dependent Children”, CF-FSP 5007, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/. Married persons living together shall both sign the application. After completing training and home study process, any person who requests an application either verbally or in writing shall be provided one.
(b) The supervising agency completing the home study shall, at a minimum, conduct two visits to the applicant’s home, inspect the entire indoor and outdoor premises, document the conditions, and conduct face to face interviews with all household members. The dates, names of persons interviewed and summary of these interviews shall be documented in the home study.
(c) The supervising agency is responsible for advising the applicant of all rules, regulations, and standards that apply to the applicant if a license is issued.
(2) References.
(a) There shall be a minimum of three personal reference that shall not be related to the applicant being screened and shall have known the applicant for at least two years. Reference inquiry responses may be obtained in writing from the individual(s) or documented by the supervising agency staff based on conversations with the person giving the reference.
(b) References shall be obtained from the adult children of each applicant. These references shall address the applicant’s suitability to become a licensed out-of-home caregiver. All unsuccessful attempts to solicit information shall be documented and the overall impact of the missing information considered as a part of the recommendation to license or not to license.
(c) The agency shall obtain a current employment reference for each applicant. At a minimum, this reference shall include sufficient information to establish or corroborate the applicant’s current employment status. If current employment is less than two consecutive years in duration, secondary employment references shall be obtained. If the applicant is self-employed, a reference from a current customer or associate of the applicant shall meet this requirement. If an applicant is not currently employed a former employer or additional personal reference shall suffice.
(d) The agency shall obtain references from school personnel of each school age child residing in the home.
(e) References shall be obtained from the childcare provider of any preschool age child who is enrolled in a childcare program.
(f) References from two neighbors, or in the absence of neighbors, references from two community members shall also be obtained, including but not limited to the name and address of the neighbor or community member, how long he or she has known the applicant, and any concerns they may have about the applicant’s suitability to become a licensed out-of-home caregiver.
(3) Verifications.
(a) The applicant shall provide the agency with proof of the following, if applicable; his or her current marriage license or most recent divorce decree as applicable, documentation of legal residency, driver’s licenses, auto insurance coverage, financial capability and income, child support verification, and pet vaccinations.
(b) The prospective out-of-home caregiver shall have read, completed and signed all documentation required for licensing as listed under paragraph (6)(b) of this section and shall be provided copies of all documents signed upon request.
(4) Employees, Relatives and Sub-Contractors as Licensed Out-of-Home Caregivers. Region, County Sheriff’s Offices and Lead Agencies may choose to license employees as out-of-home caregivers as long as the following conditions are met:
(a) No conflict of interest exists that could result in preferential treatment concerning the placement and movement of children placed in the potential licensed family foster home;
(b) The licensing study is completed by a licensed child-placing agency outside of the lead agency’s service delivery system and submitted to the department for approval;
(c) The lead agency has a procedure approved by the department, which requires the executive director or designee in upper level management of the lead agency to review and approve the submission of all such applications to the department.
(5) Initial Licensing Home Study. A staff person, certified pursuant to Section 402.40(7), F.S., from the supervising agency shall perform a thorough assessment of each prospective licensed out-of-home caregiver and document this assessment in a home study, which shall include, at a minimum:
(a) Demographics: Names, Dates of Birth, Address, and contact numbers;
(b) Pre-service Experience:
1. Dates of pre-service training and a description of the applicant’s participation in the pre-service classes;
2. Applicant’s motivation to foster and his or her commitment to the foster care experience including how other family members and extended family feel about the decision to foster.
(c) Chronology of events. Include dates of home visits and persons interviewed;
(d) Home and Neighborhood:
1. Physical description of the home, including the number of bedrooms and bathrooms, type and number of available beds and current sleeping arrangements, storage space for children’s personal belongings, living area, dining area and other interior space. Interior and exterior photos must be included.
2. A description of how the home complies with safety requirements, including location and verification of operating fire extinguishers with current tag and smoke detectors, storage of medications, cleaning supplies and toxins. The description shall also include the storage of alcoholic beverages, weapons and ammunition, location of burglar bars, fireplaces, handrails on stairways and space heaters, if applicable;
3. Water Safety. A description of the outdoor area including swimming pools, canals, ponds, lakes, streams and other potential water hazards and documentation of the counselor’s discussion with the applicant regarding the requirements for supervision and how the applicant will ensure safety and adequate supervision.
(e) Animals. Description of any household pets, exotic pets, or live stock including immunization verification as required according to Section 828.30, F.S., observations of their care, behavior and how they are maintained and secured. The applicant shall have measures in place to assure safety of foster children from any potentially dangerous animals and this information shall be documented in the home study, if applicable;
(f) Social History: A description of the following shall be included:
1. Background and Family History, including place(s) of birth, description of family relationships during childhood and current state of family relationships, education, types of discipline used in the family, family values, and any prior residences in or out of Florida;
2. Marital Status and Other Significant Relationships.
3. Medical History. Medical history including physical, mental health and other treatments for all household members shall be explored, including debilitating, communicable or progressive diseases or conditions. If there is a concern regarding the physical, mental or emotional health, such as debilitating or progressive diseases, of any member of the household and possible injurious effects on a child, the applicant must supply recent medical reports and evaluations upon request of the supervising agency or Department. The staff person completing the home study shall explore and document in the home study any health concerns of the applicant and household members. This discussion should include the following:
a. Current smoking and alcohol use by household members;
b. Any history of alcohol or substance abuse.
4. Parenting experience of each applicant. All of the applicant’s children shall be identified whether they reside in the home or not. This may also include their parenting experience with any child they may have provided care for, even if on a temporary basis. This section should also include a description of the experience, as opposed to just listing the identities of the applicant’s children or the children they may have parented.
5. Discipline. A description of the methods used by the applicant’s own family while growing up; discipline methods used by the applicant on his or her own children and the plan for disciplining foster care children in the home.
6. Family Life. Document observations of family members’ personalities and their interpersonal relationships. Describe family activities, hobbies and interests and civic involvement. For each child living in the home, describe the child’s school, grades, achievements and interests. Describe each child’s relationship with the applicant and siblings in the home, as well as his or her feelings of having a foster child in the home;
7. Religion. Explore the family’s attitudes regarding prohibitions against seeking medical treatment, celebrating holidays or birthdays, and discipline practices encouraged by their faith. Discuss the applicant’s ability to meet the licensing standard for religious cooperation according to sub-subparagraph 65C-13.029(1)(g)11.d., F.A.C.; and
8. Child Care. Describe day care arrangements, including transportation to and from day care provider, if applicable.
(g) Transportation. Describe the vehicles and who shall be the responsible drivers. A description of each vehicle shall include its physical condition, the seating capacity and the number of seat belts. Seat belts or age and size appropriate safety seats shall be used when transporting children and shall comply with Section 316.613, F.S. Children shall not be transported in the beds of pick-up trucks or on motorcycles.
(h) Employment. Describe current employment status for each parent, including occupation, current place of employment, work hours and flexibility of schedule in case of emergencies, medical or school appointments for foster children.
(i) Financial Capacity and Income. Discuss the applicant’s ability to meet the licensing standard for financial capability as follows: The applicant shall demonstrate financial solvency by providing documentation of the household income and budget sufficient to meet the needs of the family. The additional financial stresses of fostering and how applicants intend to address that stress should also be explored;
(j) Other Adult Household Members. The following information shall be obtained and documented for any other adult household members, whether or not they intend to supervise or assist with the care of the foster child:
1. Background Screening pursuant to Rule 65C-13.023, F.A.C.;
2. Medical History as set forth in subparagraph 65C-13.025(5)(f)3., F.A.C.;
3. What responsibilities they intend to have with the foster child, i.e. transportation, supervision, care giving, and other responsibilities;
(k) Background Screening. The results of all background screening made known to the supervising or lead agency shall be addressed for each individual in the home over twelve years of age. Any arrests, qualifying reports of abuse and findings of protective orders shall be explored and addressed in the study. Failure to comply with any requirements for good moral character and background screening by other adult household members as described in this rule may be grounds for denial, suspension or revocation of an application or license if the person does not leave the home or get an exemption. The supervising agency or the department has the discretion to request background screening for other individuals if there is reasonable belief that:
1. The person may be a household member; or
2. His or her presence in the foster home may adversely affect the health, safety and welfare of the children in the home; or
3. The person has or may have unsupervised contact with the children.
(l) Summary and Recommendations;
1. Characteristics of Applicant. The applicant shall have demonstrated all of the following characteristics to a degree that shall allow him or her to adequately provide licensed out-of-home services, as evidenced through interviews and observations with the family members, communication with references, and their participation in pre-service training and all information in the foster home study:
a. A willingness to work with the supervising agency and all applicable parties to work toward permanence for the foster child as established in the child’s permanency plan as established under Sections 39.01(52) and 39.6011(4), F.S.; and
b. An understanding and respect for the importance of preserving a child’s family connections and relationships.
2. Summarize reference responses and follow up contacts, if applicable, as they relate to the applicant’s suitability and potential success as a licensed out-of-home caregiver. Itemize and state the family’s strengths and needs, taking into consideration all factors affecting the health, safety and welfare of children who might be placed in this home. A recommendation shall be made as to the appropriateness of licensure.
3. If recommending licensure, provide a description of the type of children the family appears most appropriate to foster, including number of children, age, gender(s), types of behaviors, and special needs. Explore and address any limitations or concerns and under what conditions the prospective family would be willing or able to accept the child.
4. If not recommending licensure, the summary shall indicate the specific reasons for the recommendation and identify and address the standards the applicant is unable to meet. The department must make the applicant aware of the appeal process.
(m) The home study summary shall be reviewed, and signed by the licensing counselor and the counselor’s supervisor. A copy of the home study summary shall be provided to the applicant(s).
(6) Application Packet Submission and Approval Process.
(a) The complete application packet shall be submitted to the regional licensing authority. The regional licensing authority shall request any additional information needed within ten calendar days of receipt of the packet.
(b) The application packet shall consist of the following documentation and shall be provided to the licensing authority for review when requesting issuance of a family foster home license:
1. “Application for License to Provide Out-of-Home Care for Dependent Children”, CF-FSP 5007, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/;
2. “Release of Information”, CF-FSP 5090, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/;
3. “Authorization for Release of Health and Medical Information for Prospective Foster or Adoptive Parents”, CF-FSP 5230, October 2005, incorporated by reference and available at http://www.dcf.state.fl.us/publications/ (as needed);
4. Licensing Home Study;
5. Proof of Income;
6. Signed bilateral service agreement as specified in subsection 65C-30.001(11), F.A.C., between the supervising agency, lead agency and the potential licensed out-of-home caregiver. If the home is being licensed by a non-contracted agency, the agreement will be between the supervising agency and the potential licensed out-of-home caregiver;
7. Pre-service training certificate;
8. Pre-service biographical profile;
9. Documentation of water safety training, if applicable;
10. “Confidentiality Agreement”, CF-FSP 5087, March 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/;
11. Verification of Criminal History Screening as specified in subsection 65C-13.023(2), F.A.C., including:
a. Signed and notarized “Affidavit of Good Moral Character”, CF 1649, May 2007, incorporated by reference and available at http://www.dcf.state.fl.us/publications/;
b. Local Law Enforcement Check;
c. Civil Court records check as described in Rule 65C-13.023, F.A.C.;
d. Florida Department of Law Enforcement records check;
e. Clearance letter from the department regarding Federal Bureau of Investigation records check;
f. Record check through the department’s Statewide Automated Child Welfare Information System.
g. Abuse registry checks on applicants and adult household members from any previous state the prospective parent(s) or other adult has resided in for the previous five years.
12. References and inquiry responses, including:
a. Three personal references;
b. Neighbor/Community references;
c. Employment reference;
d. References from adult children;
e. School references on all school age children;
f. Childcare references for all preschool children in child care arrangements;
g. References and documentation regarding any previous licensure as out-of-home caregivers.
13. Family Documents:
a. Current marriage certificates;
b. Copy of current divorce decree, if applicable;
c. Custody orders affecting applicant’s children or other children the applicant may have custody of;
d. Documentation of legal residency for applicants not born in the United States;
e. Driver’s license(s) and driving records;
f. Vehicle insurance.
14. Foster Home Safety Documentation:
a. Satisfactory environmental health inspection report from the local health department;
b. Radon testing results (when applicable and as per Section 402.056(4), F.S.);
c. Fire inspection report (where required by local zoning laws);
d. Floor plan;
e. Evacuation and disaster preparedness plans;
f. Pet vaccinations (if applicable).
(7) The regional licensing authority is responsible for ensuring that the licensing application packet is complete, that all licensing requirements are met and for the issuance of the license. The licensing packet shall contain documentation of a review by the lead agency and the department’s regional licensing staff and a recommendation for approval or denial by the regional licensing authority.
(8) If the family foster home is located in a region other than where the submitting supervising agency is located, the application packet shall be submitted to the regional licensing authority where the prospective family foster home is located. The Regional licensing authority shall provide written notification of the outcome of the application to the supervising agency and licensing authority in the region where the supervising agency is licensed within fifteen working days of issuing the license or denial letter.
(9) If the application packet is approved, a license shall be issued to the applicant(s). The license shall include the name and address of the caregiver(s), the name of the supervising agency along with the licensed capacity and the dates for which the license is valid. The regional administrator or designee within upper level management shall sign the license. Any limitations shall be displayed on the license if the study indicates the necessity for such restrictions, such as specific ages or gender preference. An initial license is valid for one year from the date of issuance unless the license is revoked or voluntarily relinquished.
(10) A copy of the license shall be provided by the licensing authority to the supervising agency.
(11) When the department determines that the application shall be denied, the department shall promptly notify the applicant and supervising agency by certified mail, identifying the reasons for the denial of the license, the statutory authority for the denial of the license, and the applicant’s right of appeal pursuant to Chapter 120, F.S.
(12) Unless the applicant voluntarily withdraws the application, the department shall proceed with formal actions pursuant to Rule 65C-13.035, F.A.C.
Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08.
(1) Newly licensed out-of home caregivers shall complete in-service training regarding the provision of psychotherapeutic medications within 120 days of initial licensure. A briefing regarding the provision and monitoring of psychotherapeutic medication shall be provided to the licensed out-of-home caregiver at the time of placement of any child in the home who requires the administration of psychotherapeutic medication. The briefing shall consist of a review of the proper dosage of the medication, the possible side effects and intended effects of the specific medications administered to the child being placed. All training shall be offered through curricula approved by the supervising agency. Licensed out-of-home caregivers already providing care for children prescribed psychotherapeutic medicines at the time of promulgation of this rule shall be provided with the training or briefing within 90 days of promulgation, if the training or briefing has not already been provided and documented in the file.
(2) Prior to the renewal of a license each licensed out-of-home caregiver shall successfully complete at least eight hours of approved in-service training. Licensed out-of-home caregivers shall be offered in-service training opportunities by their supervising agency. Training opportunities shall be offered no less than quarterly and at times and places convenient to the licensed out-of-home caregiver. For those licensed out-of-home caregivers unable to attend, other methods shall be developed for satisfying this requirement. In-service training materials shall be approved by the supervising agency prior to use. Documentation of completed training shall be maintained in the licensure file.
(3) Licensed out-of-home caregivers participating in required in-service training shall be reimbursed for mileage expense at a rate not to exceed the rate paid per mile to supervising agency personnel.
(4) If the absence of the caregiver(s) during training would leave children without approved adult supervision, the supervising agency shall make provisions for child care or shall reimburse the caregiver for child care expenses if it is not provided.
Specific Authority 409.175 FS. Law Implemented 409.175 FS. History–New 4-6-08.
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
Length of time a license is valid before renewal required.
Florida offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
Florida conducts the following types of home studies:
Non-relative
Custodial Parent Evaluated Per Reunification
If child has been removed from the parent, Florida requires a home study evaluation before reunification.
(2) In cases where the issue before the court is whether a child should be reunited with a parent, the court shall determine whether the parent has substantially complied with the terms of the case plan to the extent that the safety, well-being, and physical, mental, and emotional health of the child is not endangered by the return of the child to the home.
Non-Custodial Parents
Placements with non-custodial parents are not covered under the ICPC if:
(b) If there is a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the jurisdiction of the court who desires to assume custody of the child, the court shall place the child with that parent upon completion of a home study, unless the court finds that such placement would endanger the safety, well-being, or physical, mental, or emotional health of the child. Any party with knowledge of the facts may present to the court evidence regarding whether the placement will endanger the safety, well-being, or physical, mental, or emotional health of the child. If the court places the child with such parent, it may do either of the following:
1. Order that the parent assume sole custodial responsibilities for the child. The court may also provide for reasonable visitation by the noncustodial parent. The court may then terminate its jurisdiction over the child.
2. Order that the parent assume custody subject to the jurisdiction of the circuit court hearing dependency matters. The court may order that reunification services be provided to the parent from whom the child has been removed, that services be provided solely to the parent who is assuming physical custody in order to allow that parent to retain later custody without court jurisdiction, or that services be provided to both parents, in which case the court shall determine at every review hearing which parent, if either, shall have custody of the child. The standard for changing custody of the child from one parent to another or to a relative or another adult approved by the court shall be the best interest of the child.
Proof of Paternity is required:
Regulation 7 Priority Placement
Florida performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study)
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Wait time to complete Home Study, only (without criminal records check):
Florida determines the "Date of Receipt" for an interstate home study as:
The day the completed home study request packet is received in the central office.
Method of requesting, sending, and/or reporting an interstate home study
Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
---|---|---|---|---|
Send request for a home study to Receiving State | y | y | y | y |
Send home study report to Sending State | y | y | y | y |
Criminal Records Checks
Florida requires criminal background checks for the following home studies:
Non-relative
Type of Checks (Crim. & Abuse Neglect Registry)
Florida requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
Federal | State | Local | ANR | NR | |
---|---|---|---|---|---|
Foster Care | y | y | y | y | |
Relative | y | y | y | y | |
Relative Foster Care | y | y | y | y | |
Foster-Adopt | y | y | y | y | |
Adoption | y | y | y | y | |
Parent | y | y | y | y |
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 48-72 hours
- Local/County: 48-72 hours
Manually - Fingerprint Card
- State: 31-60 days
- Local/County: 31-60 days
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Type of Checks (Crim. & Abuse Neglect Registry)
Florida requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
Federal | State | Local | ANR | NR | |
---|---|---|---|---|---|
Foster Care | y | y | y | y | |
Relative | y | y | y | y | |
Relative Foster Care | y | y | y | y | |
Foster-Adopt | y | y | y | y | |
Adoption | y | y | y | y | |
Parent | y | y | y | y |
Verification of Criminal Records Results
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
Length of time a license is valid before renewal required.
Florida offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
Florida conducts the following types of home studies:
Non-relative
Relative Home Study
Define Relative
F.S. 39.01(64) "Relative" means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent.
Relatives must be licensed:
Proof of Paternity is required:
Florida considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
Regulation 7 Priority Placement
Florida performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study)
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Wait time to complete Home Study, only (without criminal records check):
Florida determines the "Date of Receipt" for an interstate home study as:
The day the completed home study request packet is received in the central office.
Method of requesting, sending, and/or reporting an interstate home study
Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
---|---|---|---|---|
Send request for a home study to Receiving State | y | y | y | y |
Send home study report to Sending State | y | y | y | y |
Criminal Records Checks
Florida requires criminal background checks for the following home studies:
Non-relative
Type of Checks (Crim. & Abuse Neglect Registry)
Florida requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
Federal | State | Local | ANR | NR | |
---|---|---|---|---|---|
Foster Care | y | y | y | y | |
Relative | y | y | y | y | |
Relative Foster Care | y | y | y | y | |
Foster-Adopt | y | y | y | y | |
Adoption | y | y | y | y | |
Parent | y | y | y | y |
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 48-72 hours
- Local/County: 48-72 hours
Manually - Fingerprint Card
- State: 31-60 days
- Local/County: 31-60 days
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
Type of Checks (Crim. & Abuse Neglect Registry)
Florida requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
Federal | State | Local | ANR | NR | |
---|---|---|---|---|---|
Foster Care | y | y | y | y | |
Relative | y | y | y | y | |
Relative Foster Care | y | y | y | y | |
Foster-Adopt | y | y | y | y | |
Adoption | y | y | y | y | |
Parent | y | y | y | y |
Verification of Criminal Records Results
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
Length of time a license is valid before renewal required.
Florida offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
Before Florida will approve a child for an interstate placement with an RTF, Certification/verification of acceptance is required from the Residential Treatment Facility (RTF).
Residential Placements
F.S. 39.407(6)(a)1. "Residential treatment" means placement for observation, diagnosis, or treatment of an emotional disturbance in a residential treatment center licensed under s. 394.875 or a hospital licensed under chapter 395.
Florida Requires face-to-face supervision:
Florida will provide supervision of an interstate placement:
Florida Submits a supervisory report to the Sending State
Florida will send a supervision report to:
Supervision Guidelines
Please see Regulation 11 for supervision requirements under the ICPC (Link provided below):
Home study for adoption conducted prior to Termination of Parental Rights (TPR)
Home study for relatives conducted prior to Termination of Parental Rights (TPR)
After TPR, relatives are no longer relatives and a foster care or adoptive home study must be requested.
Relative Home Study
Define Relative
F.S. 39.01(64) "Relative" means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent.
Relatives must be licensed:
Proof of Paternity is required:
Florida considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
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