65C-20.008: Application
65C-20.009: Staffing Requirements
65C-20.010: Health Related Requirements
65C-20.011: Health Records
65C-20.012: Enforcement
65C-20.013: Large Family Child Care Homes (LFCCH)
65C-20.014: Gold Seal Quality Care Program
PURPOSE AND EFFECT: The rule modifications contained in this document will establish minimum child care licensing standards for safety, enforcement and disciplinary sanctions, child discipline, transportation and Gold Seal Accreditation. In addition, training requirements for substitutes have been modified and training exemptions have been removed for operators, employees and substitutes. These modifications will provide better continuity between licensed child care programs for those standards involving safety, enforcement, disciplinary sanctions, child discipline, transportation and Gold Seal.
SUMMARY: The 2006 Legislature passed Senate Bill 1510 which requires the Department to establish minimum child care health and safety licensing standards for family day care homes including, uniform enforcement and disciplinary sanctions, child discipline, and transportation. Senate Bill 1510 also requires the Department to establish minimum standards for uniform enforcement and disciplinary sanctions for large family child care homes.
In addition, training requirements for family day care homes and large family child care homes related to substitutes have been modified and training exemptions have been removed for certain operators, employees and substitutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 402.281, 402.310, 402.313, 402.3131 FS.
LAW IMPLEMENTED: 402.281, 402.310, 402.313, 402.3131 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 11, 2007, 9:00 a.m. (Tallahassee); September 12, 2007, 9:00 a.m. (Orlando)
PLACE: Department of Children and Families, 1317 Winewood Blvd., Building 4, Tallahassee, FL 32399; Department of Children and Families, 400 W. Robinson St., Hurston South Tower, 1st Floor, Conference Room B, Orlando, FL 32801
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mike Boland (850)921-8228
THE FULL TEXT OF THE PROPOSED RULE IS:
65C-20.008 Application.
(1) Application for a license or for renewal of a license to operate a family day care home must be made on CF-FSP Form 5133, August 2007 April 2006, Application for a License to Operate a Family Day Care Home, which is incorporated by reference may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare by clicking on the forms link.
(2) No change.
(3) A submitted CF-FSP Form 5133 will not be considered complete until the licensing authority receives proof of background screening clearance on the operator/applicant of the family day care home and on all other household members who are subject to background screening pursuant to s. 402.313(3), F.S. Prior to taking care of children, the designated substitute for the operator must comply with background screening requirements and the licensing authority must receive proof of background screening clearances.
Specific Authority 402.313 FS. Law Implemented 402.313 FS. History–New 7-2-98, Amended 7-13-03, 9-12-04,_______.
65C-20.009 Staffing Requirements.
(1) through (2) No change.
(3) Staff Training.
(a) Prior to licensure and prior to caring for children, all family day care home operators and substitutes who work 40 hours or more per month on average during a 12 month period must:
1. Successfully complete the Department of Children and Family Services’ 30 clock-hour Family Child Care Home training, as evidenced by successful completion of a competency based examination(s) offered by the Department of Children and Family Services or its designated representative with a weighted score of 70 or better. Family day care home operators who successfully completed the mandatory 30 clock-hour Family Child Care Home training prior to January 1, 2004 are not required to fulfill the competency examination requirement. Documentation of course completion may either be a single Family Child Care Home (30 Hr) certificate or certificates for the Beginning July 1, 2006, the 30 clock hour Family Child Care Home training will be replaced by five (5) individual training courses which total 30 clock-hours of training: Family Child Care Home Rules and Regulations; Health, Safety and Nutrition; Identifying and Reporting Child Abuse and Neglect; Child Growth and Development; and Behavioral Observation and Screening.
a. Child care personnel have one (1) opportunity, if they choose, to exempt from one (1) or more of the department’s Introductory Child Care Training courses prior to attending training by successful completion of corresponding competency examinations with a weighted score of 70 or better.
b. Beginning July 1, 2006 the Department of Children and Family Services or its designated representative shall exempt individuals from the Health, Safety, and Nutrition; Child Growth and Development; and Behavioral Observation and Screening courses who meet one (1) of the following educational qualifications:
(I) Associate’s degree or higher with six (6) college credit hours in early childhood education/child growth and development or degree in elementary education with certification to teach any age birth through 6th grade; or
(II) An active National Early Childhood Credential (NECC) or an active Birth Through Five Florida Child Care Professional Credential (FCCPC).
c. The Family Child Care Home training completed successfully after July 1, 2004 will be documented on the child care training transcript only. Training completed successfully prior to July 1, 2004 will be documented either on CF-FSP Form 5267, April 2006, Child Care Training Course Completion Certificate, which is incorporated by reference, or on the Department of Children and Family Services’ child care training transcript.
2. Training completed successfully will be documented on the training transcript or on CF-FSP 5267, April 2006, Child Care Training Course Completion Certificate, which is incorporated by reference. CF-FSP 5267 may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare by clicking on the training link.
3.2. Complete a single course of training in early literacy and language development of children ages birth through five (5) that is a minimum of five (5) clock-hours or .5 CEUs. Proof of completion will be documented on the certificate of course completion, classroom transcript, or diploma. In order to meet this requirement, individuals must complete one (1) of the following:
a. One (1) of the department’s online literacy courses available on the Department of Children and Family Services' website at www.myflorida.com/childcare; or
b. One (1) of the department’s approved literacy training courses. A list of these courses may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare (no additional courses will be approved by the department); or
c. One (1) college level early literacy course (for credit or non-credit) if taken within the last five (5) years.
4.3. Certificate(s) of course completion for infant and child cardiopulmonary resuscitation (CPR) procedures and first aid training, which must be current and valid at all times. Certificates of course completion are valid based on the time frames established by each first aid and CPR training program, not to exceed three (3) years. Online CPR courses are not acceptable to meet this standard. CPR training must be completed by classroom instruction.
(b) Family day care home substitutes who work less than 40 hours a month on average during a 12 month period shall complete the Department of Children and Family Services’ six (6) clock-hour Family Child Care Home Rules and Regulations training, as evidenced by successful completion of a competency based examination offered by the Department of Children and Family Services or its designated training representative 3-cclock-hour Fundamentals of training prior to caring for children,. Training completed successfully will be as, documented on the Department of Children and Family Services’ CF-FSP Form 5267 or and the Department of Children and Family Services’ child care training transcript.
1. The operator of the family day care home must sign a statement attesting to the number of hours that the substitute works in operators' home. The statement must be placed in the substitute's file.
2. Family day care substitutes who have successfully completed the three (3) clock-hour Fundamentals of Child Care Training or 30 clock-hour Family Child Care Home training are not required to complete the six (6) clock-hour Family Child Care Home Rules and Regulations course (3 clock hour Fundamentals of Child Care training.
Specific Authority 402.313 FS. Law Implemented 402.313 FS. History–New 7-2-98, Amended 5-21-00, 7-13-03, 9-12-04, 4-12-07,________.
65C-20.010 Health Related Requirements.
(1) General Requirements.
(a) No change.
(b) All areas and surfaces accessible to children shall be free from toxic substances and hazardous materials. All potentially harmful items including cleaning supplies, flammable products, poisonous, toxic, and hazardous materials must be labeled. These items as well as knives, sharp tools and other potentially dangerous hazards shall be stored separately and locked or inaccessible to children out of a child’s reach.
(c) through (e) No change.
(f) Family day care homes caring only for infants under 12 months of age, shall not be required to have an outdoor play area; however, infants in care shall be provided opportunities for outdoor time each day that weather permits. For all other family day care homes, including those providing evening care, the outdoor space shall maintain safe and adequate fencing, or walls, be fenced a minimum of four (4) feet in height if the family day care home property borders any of the following:
(g) Fencing, including gates, must be continuous and shall not have gaps that would allow children to exit the outdoor play area. The bottom or base of the fence must remain at ground level and free from erosion or buildup to prevent inside or outside access by children or animals.
(h) Outdoor Play Space and Outdoor Equipment.
1. All family day care homes shall provide outdoor equipment and play activities suitable to each child’s age and development.
2. All playground equipment shall be securely anchored, unless portable or stationary by design, in good repair, maintained in safe condition, and placed to ensure safe usage by the children. Maintenance shall include checks at least every other month of all supports, above and below the ground, all connectors, and moving parts.
3. Permanent or stationary playground equipment must have a ground cover or other protective surface under the equipment that provides resilience and is maintained to reduce the incidence of injuries to children in the event of falls.
4. All equipment, fences, and objects on the family day care home’s premises shall be free from sharp, broken and jagged edges and properly placed to prevent overcrowding or safety hazards in any one (1) area.
5. All equipment used in the outdoor play area shall be constructed to allow for water drainage and maintained in a safe and sanitary condition.
(i)(g) All in-ground swimming pools and above-ground swimming pools more than one (1) foot deep shall have either a fence or barrier on all four (4) sides, at a minimum of four (4) feet in height, separating the home from the swimming pool; or a pool alarm that is operable at all times when children are in care. The fence or barrier shall not have any gaps or openings that would allow a young child to crawl under, squeeze through, or climb over the barrier. All spas and hot tubs must meet the same barrier requirements for in-ground and above-ground swimming pools, or spas and hot tubs may be covered with a safety cover, as defined in Section 515.25(1), F.S., that complies with ASTM F1346-91(Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Hot Tubs, and Spas) at all times when children are in care. A copy of ASTM F1346-91 (2003), Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Hot Tubs, and Spas, may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare by clicking on the forms link. The exterior wall of the home with an ingress and egress, does not constitute a fence or barrier. All doors or gates in the fence or barrier shall be locked at all times when children are in care and when the pool is not being used by the children in care. In addition to the fence, barrier or pool alarm, the family day care home operator shall ensure that all exterior doors leading to the pool, spa, or hot tub area remain locked at all times while children are in care. Barriers may be temporary in nature but must be sturdy and meet all the above requirements and be in place during all times when children are in care. The wall of an above-ground swimming pool may be used as its barrier; however, such structure must be at least four (4) feet in height. In addition, any ladder or steps that are the means of access to an above ground pool must be removed at all times while children are in care and when the pool is not being used by the children in care.
(j)(h) If a family day care home uses a swimming pool, it shall be maintained by using chlorine or other suitable chemicals. If the family day care home uses a swimming pool that exceeds three (3) feet in depth at the family day care home site, one (1) person who has completed a basic water safety course such as offered by the American Red Cross, YMCA or other organization, must be present when children have access to the swimming area. If the family day care home uses swimming pools not at the family day care home site or takes the children to water areas such as a beach or lake for swimming activities, the family day care home operator must provide one (1) person with a certified lifeguard certificate or equivalent, who must be present when children are in the swimming area, unless a certified lifeguard is on duty.
(k)(i) A family day care home must include a designated area where each child can sit quietly or lie down to rest or nap.
(l)(j) Each child in care must be provided safe and sanitary bedding to be used when napping. Bedding means a cot, bed, crib, mattress, playpen or floor mat. Air mattresses and foam mattresses may not be used for napping. Mats must be at least one (1) inch thick and covered with an impermeable surface.
(m)(k) Children one (1) year of age or older may nap or sleep on beds used by the family provided individual linens are provided for each child. Each child shall have a separate bed, cot, crib, playpen, mattress or floor mat, except that two (2) sibling preschool children may share a double bed. Sleeping refers to the normal night time sleep cycle and playpens, air mattresses, foam mattresses, and mats may not be used for care when children are sleeping. The operator must prepare a written plan outlining the sleeping arrangements of the children in care to be provided to the licensing counselor upon request. If the children are sleeping overnight, the operator must ensure accepted bedtime routines, such as brushing teeth and washing face and hands washing. Toothbrushes, towels and wash cloths may not be shared.
(n)(l) Children up to one (1) year of age must be in an individual crib, portacrib or playpen with sides. Crib sides must be raised and secured while an infant is in the crib and bar spacings may not exceed two and three-eighths inches. Cribs must meet the construction regulations as outlined in Title 16, Parts 1508 & 1509, Code of Federal Regulations. No double or multi-deck cribs, cots or beds may be used. When napping or sleeping, young infants that are not capable of rolling over on their own shall be positioned on their back and on a firm surface to reduce the risk of Sudden Infant Death Syndrome (SIDS), unless an alternative position is authorized in writing by a physician. The documentation shall be maintained in the child’s record.
(o)(m) A minimum distance of 18 inches must be maintained between individual napping space. Napping spaces shall not be designated in kitchens, bathrooms, utility rooms, or garages. If separate rooms are used for napping, the doors to each room shall remain open to allow the operator to respond to emergencies and needs of the children.
(p)(n) Potable drinking water shall be available to children of all ages at all times.
(q)(o) Single service paper or plastic plates, utensils, and cups shall not be reused. Plates, utensils, cups, bottles and sippy cups provided by the family day care home that are not disposable shall be washed, rinsed and sanitized between uses. All bottles and sippy cups brought from home shall be individually labeled with the child's first and last name and returned to the custodial parent or legal guardian daily.
(r)(p) Rodents and vermin shall be exterminated.
(s)(q) All parts of the home, both indoors and outdoors, including the furnishings, equipment, and plumbing shall be kept clean and sanitary, free from hazards, in an orderly condition and in good repair at all times. The family day care home shall have an operable smoke detector and fire extinguisher with a current certificate, at least one (1) operable corded telephone, and lighting that allows for safe movement and egress for children in care. At all times and appropriate for the activity, lighting in family day care homes must be sufficient enough to allow the operator to visually observe and supervise children in care. The home must have proper ventilation, and the temperature must be maintained between 65 and 82 degrees Fahrenheit.
(t)(r) If the operator chooses to supply food, the operator shall provide nutritious meals and snacks of a quantity and quality to meet the daily nutritional needs of the children. The USDA MyPyramid, April 2005, which is incorporated by reference, shall be used to determine what food groups to serve at each meal or snack and the serving size of the selected foods for children ages two (2) and older. The categories “oils” and “discretionary calories” may not be considered food groups. Copies of the USDA MyPyramid may be obtained from licensing authority, the local county health department or from the USDA website at www.mypyramid.gov. Using the USDA MyPyramid for Young Children, breakfast shall consist of at least three (3) different food groups; lunch and dinner shall consist of at least four (4) different food groups and snacks shall consist of at least two (2) different food groups. If a special diet is required for a child by a physician, appropriate documentation shall be maintained in the child’s file for as long as the child is in care. If the custodial parent or legal guardian notifies the family day care home of any known food allergies, written documentation must be maintained in the child’s file.
(4) Communicable Disease Control.
(a) No change.
(b) The family day care home shall have a designated isolation area for a child who becomes ill. The child’s condition shall be closely observed. Any child who is suspected of having a communicable disease or who has a fever of 101 degrees Fahrenheit or higher, in conjunction with any of the signs and symptoms listed in paragraph 65C-20.010(4)(a), F.A.C., shall be placed in the isolation area. Linens and disposable items shall be changed after each use. The condition shall be reported to the custodial parent or legal guardian and the child shall be removed from the family day care home. Such children shall not return to the home without medical authorization, or until the signs and symptoms of the disease are no longer present.
(5) Medication.
(a) through (f) No change.
(g) All medicine must have child resistant caps and shall be stored separately and locked or inaccessible to children out of a child's reach.
(h)(g) Medication which has expired or is no longer being administered shall be returned to the custodial parent or legal guardian or discarded if the child is no longer enrolled in care at the family day care home.
Specific Authority 402.313 FS. Law Implemented 402.313 FS. History–New 7-2-98, Amended 1-4-01, 7-13-03, 9-12-04, 4-12-07, _________.
65C-20.011 Health Records.
(1) No change.
(2) Enrollment and Medical Authorization.
(a) The operator shall obtain enrollment information from the child’s custodial parent or legal guardian prior to accepting the child into care. This information shall be documented on CF-FSP Form 5219, July 2006 June 2005, Child Care Application for Enrollment, which is incorporated by reference, or an equivalent that contains all the information required by the department’s form. CF-FSP Form 5219 may be obtained from the local Department of Children and Family Services district service center or the local licensing agency.
Specific Authority 402.313 FS. Law Implemented 402.313 FS. History–New 7-2-98, Amended 5-21-00, 7-13-03, 9-12-04, 4-12-07,________.
65C-20.012 Enforcement.
(1) Pursuant to Section 402.313, F.S., family day care homes may be fined a maximum of $100 per violation, per day for noncompliance with any of the applicable provisions of Sections 402.301-.319, F.S.
(1) Definitions.
(a) “Day” means a calendar day.
(b) “Probation” is a licensing status wherein the Department or local licensing agency issues a deadline for a home to remedy a violation or violations, which are within the control of the operator, to become compliant with licensing standards.
(c) “Provisional” is a licensing status wherein the Department or local licensing agency allows the home to operate for a designated period of time although one or more licensing standards, beyond the control of the operator, have not been met.
(d) “Standards” are requirements that must be met for licensure as a family day care home and that are identified on the CF-FSP Form 5318, August 2007, Family Day Care Home Standards Classification Summary and CF-FSP Form 5317, August 2007, Large Family Child Care Home Standards Classification Summary incorporated in this rule by reference.
(e) “Violation” means a finding of noncompliance with a licensing standard.
1. “Class I Violation” is an incidence of noncompliance with a Class I standard as described on CF-FSP Form 5318 and CF-FSP Form 5317. Class I violations are the most serious in nature, posing an imminent threat to a child including overt abuse or negligence and which could or does result in death or serious harm to the health, safety and well-being of a child.
2. “Class II Violation” is the second or subsequent incidence of noncompliance with an individual Class II standard as described on CF-FSP Form 5318 and CF-FSP Form 5317. Class II violations are less serious in nature than Class I violations and could be anticipated to pose a threat to the health, safety and well-being of a child, but the threat is not imminent.
3. “Class III Violation” is the third or subsequent incidence of noncompliance with an individual Class III standard as described on the CF-FSP Form 5318 and CF-FSP Form 5317. Class III violations are less serious in nature than either Class I or Class II violations and pose a low potential for harm to children.
4. “Technical Support Violations” are the first or second occurrence of noncompliance with an individual Class III standard or the first occurrence of noncompliance with a Class II standard.
(2) Authority. The operation of a family day care home is prohibited unless registered, or licensed, as required by county ordinance or resolution. The department or local licensing agency shall have the authority to seek an injunction in the circuit court where the home is located to stop the continued operation of a family day care home that is not licensed or registered. For licensed family day care homes, the department or local licensing agency shall also have the authority to seek an injunction in the circuit court where the home is located to stop the continued operation if the family day care home is in violation of the minimum standards. Pursuant to Section 120.60(6), F.S., an emergency suspension order may also be used to stop the continued operation if the family day care home poses immediate serious danger to the public health, safety, or welfare of the children who are enrolled.
(3) Disciplinary Sanctions.
(a) Enforcement of disciplinary sanctions shall be applied progressively for each standard violation. In addition, providers will be offered technical assistance in conjunction with any disciplinary sanction. The Department may take into consideration the actions taken by the facility to correct the violation when determining the appropriate disciplinary sanction.
(b) Some violations may have disciplinary sanctions levied for each child or employee record found in noncompliance within a standard on any one inspection.
(c) Each standard violation has an assigned classification. Some violations, as identified within the Family Day Care Home Standards Classification Summary and Large Family Child Care Standards Classification Summary, may escalate from one class to another based on the nature, severity, and/or repetition of the violation within a two (2) year period.
(d) A violation of any standard(s) that results in harm to a child may escalate to a Class I violation.
(e) Disciplinary sanctions for licensing violations that occur within a two (2) year period shall be progressively enforced as follows:
1. Class I Violations.
a. For the first Class I violation the Department shall, at a minimum, issue an administrative complaint imposing a fine not less than $100 nor more than $500 for each violation. The Department may impose other disciplinary sanctions in addition to the fine.
b. For the second Class I violation the Department shall, at a minimum, issue an administrative complaint placing the provider’s license or registration on probation status for a period not to exceed six (6) months. The Department may also levy a fine not less than $100 nor more than $500 for each violation in addition to any other disciplinary sanction.
c. For the third and subsequent Class I violations, the Department shall issue an administrative complaint to suspend, deny, or revoke the license or registration. The Department may also levy a fine not less than $100 nor more than $500 ay for each violation in addition to any other disciplinary sanction.
2. Class II Violations.
a. For the first Class II violation, the Department shall issue a formal warning letter stating the Department’s intent to take administrative action if further violations of the standard occur. The violation will be classified as “Technical Support”.
b. For the second Class II violation, the Department shall issue an administrative complaint imposing a fine in the amount of $50 per day for each violation. This violation, and subsequent violations, of the same standard within a two-year period will be classified as “Class II”.
c. For the third Class II violation, the Department shall issue an administrative complaint imposing a fine in the amount of $60 per day for each violation.
d. For the fourth Class II violation, the Department shall, at a minimum, issue an administrative complaint placing the provider’s license or registration on probation status for a period not to exceed 6 (six) months. The Department may also issue an administrative complaint imposing an additional fine of $75 per day for each violation.
e. For the fifth and subsequent Class II violations, the Department shall issue an administrative complaint to suspend, deny, or revoke the license or registration. The Department may also issue an administrative complaint imposing an additional fine of $100 per day for each violation.
3. Class III Violations.
a. For the first Class III violation, technical assistance shall be provided. The violation will be classified as “Technical Support”.
b. For the second Class III violation, the Department shall issue a formal warning letter stating the Department's intent to take administrative action if further violations of the standard are found. The violation will be classified as “Technical Support”.
c. For the third Class III violation, the Department shall issue an administrative complaint imposing a fine in the amount of $25 per day for each violation. This Class III violation and subsequent Class III violations, of the same standard within a two-year period, will be classified as “Class III”.
d. For the fourth Class III violation, the Department shall issue an administrative complaint imposing a fine in the amount of $30 per day for each violation.
e. For the fifth Class III violation the Department shall, at a minimum, issue an administrative complaint placing the provider’s license or registration on probation status for a period not to exceed 6 (six) months. The Department may also issue an administrative complaint imposing an additional fine of $40 per day for each violation.
f. For the sixth and subsequent Class III violation, the Department shall issue an administrative complaint to suspend, deny, or revoke the license or registration. The Department may also issue an administrative complaint imposing an additional fine of $50 per day for each violation.
(4)(3) Access. The family day care home operator must allow access to the entire premises of the family day care home to inspect for compliance with family day care home minimum standards. Access to the family day care home also includes access by the parent, legal guardian, and/or custodian, to their child(ren) while in care.
(5) Child Discipline.
(a) Family day care homes shall adopt a discipline policy consistent with Section 402.305(12), F.S., including standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited.
(b) All family day care home operators, including substitutes, must comply with the family day care home's written discipline policy.
(c) A copy of the written discipline policy must be available for review by the parents or legal guardian and the licensing authority.
(6) Child Abuse or Neglect.
(a) Pursuant to Section 402.301(1), F.S., acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitute a violation of the standards in subsection 402.301-319, F.S.
(b) Failure to perform the duties of a mandatory reporter pursuant to Section 39.201, F.S. constitutes a violation of the standards in subsection 402.301-319, F.S.
(7) Transportation.
(a) When any vehicle is regularly used by a family day care home to provide transportation, the driver shall have a valid
(b) All family day care homes must maintain current insurance coverage on all vehicles used to transport children in care and documentation thereof.
(c) The maximum number of individuals transported in a vehicle shall not exceed the manufacturer’s designated seating capacity or the number of factory installed seat belts.
(d) Each child, when transported, must be in an individual factory installed seat belt or federally approved, properly installed, child safety restraint, unless the vehicle is excluded from this requirement by Florida Statute.
(e) An adult must remain within sight and hearing of children being transported in a vehicle so as to be able to respond to the needs of the children at all times.
(f) Prior to transporting children and upon the vehicle(s) arrival at its destination, the following shall be conducted by the driver(s) of the vehicle(s) used to transport the children:
1. A log shall be maintained for all children being transported in the vehicle. The log shall be retained for a minimum of six months. The log shall include each child’s name, date, time of departure and time of arrival, and signature of the driver to verify the fact that all children have left the vehicle.
2. Upon arrival at the destination, the driver of the vehicle shall:
a. Mark each child off the log as the child departs the vehicle,
b. Conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle, and
c. Sign, date and record the driver’s log immediately, verifying that all children were all accounted for and that the visual sweep was conducted.
(g) Smoking is prohibited in all vehicles while being used to transport children.
Specific Authority 402.310 FS. Law Implemented 402.310, 402.319(5) FS. History–New 7-2-98, Amended 7-13-03, 9-12-04, 4-12-07,________.
65C-20.013 Large Family Child Care Homes (LFCCH).
(1) through (3) No change.
(4) LFCCH Personnel.
(a) through (c) No change.
(d) Prior to caring for children, the employee and substitute for the employee must within 5 working days after starting work, submit to the employer a complete set of information necessary to conduct a screening under this section.
(5) LFCCH Staff Training:
(a) No change.
(b) Large Family Child Care Home Operators. In addition to the training requirements identified in 65C-20.009(3)(a), F.A.C., large family child care home operators must:
1. Possess a CF-FSP 5306, April 2006, Staff Credential Verification Confirmation or one (1) of the following credentials for a minimum of one (1) year: prior to Large Family Child Care Home Licensure:
a. An active National Early Childhood Credential (NECC); an active Birth Through Five or School-Age Florida Child Care Professional Credential (FCCPC) (formerly known as the Child Development Associate Equivalency); an active Florida Department of Education Child Care Apprenticeship Certificate (CCAC), Early Childhood Professional Certificate (ECPC) or School-Age Professional Certificate (SAPC); or meet the formal educational qualification requirement outlined on CF-FSP Form 5211, April 2006, Staff Credential Application, which is incorporated by reference. An Employment History Recognition Exemption will not be accepted to meet the minimum staff credential requirements for Large Family Child Care Home.
a. A candidate must complete CF-FSP Form 5211, April 2006, Staff Credential Application.
(c) Large Family Child Care Home Substitutes. Prior to taking care of children, substitutes for the operator of a large family child care home and substitutes for the large family child care home employee who work 40 hours or more per month on average during a 12 month period shall be at least 18 years of age and must:
1. Successfully complete the Department of Children and Family Services’ 30 clock-hour Family Child Care Home training, as evidenced by successful completion of a competency based examination(s) offered by the Department of Children and Family Services or its designated representative with a weighted score of 70 or better. Individuals who have successfully completed the mandatory 30 clock-hour Family Child Care Home training prior to January 1, 2004 are not required to fulfill the competency examination requirement. Beginning July 1, 2006, the 30 clock-hour Family Child Care Home training will be replaced by five (5) individual training courses which total 30 clock-hours of training: Family Child Care Home Rules and Regulations; Health, Safety and Nutrition; Identifying and Reporting Child Abuse and Neglect; Child Growth and Development; and Behavioral Observation and Screening.
2. Training completed successfully will be documented on the training transcript or on CF-FSP 5267, April 2006, Child Care Training Course Completion Certificate, which is incorporated by reference. CF-FSP 5267 may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare by clicking on the training link.
(a) A copy of the CF-FSP Form 5267 or training transcript must be included in each staff member's child care personnel record and maintained at each child care facility.
(b) A copy of the CF-FSP Form 5267 or training transcript for the director of a child care facility must be included in the department’s official licensing file.
Completion of the 30 clock-hour Family Child Care Home training shall be documented on the Department of Children and Family Services CF-FSP Form 5267 or the Department of Children and Family Services child care training transcript.
a. Child care personnel have one (1) opportunity, if they choose, to exempt from one (1) or more of the department’s Introductory Child Care Training courses prior to attending training by successful completion of corresponding competency examinations with a weighted score of 70 or better.
b. Beginning July 1, 2006 the Department of Children and Family Services or its designated representative shall exempt individuals from the Health, Safety, and Nutrition; Child Growth and Development; and Behavioral Observation and Screening courses who meet one (1) of the following educational qualifications:
(I) Associate’s degree or higher with six (6) college credit hours in early childhood education/child growth and development or degree in elementary education with certification to teach any age birth through 6th grade; or
(II) An active National Early Childhood or an active Birth Through Five Florida Child Care Professional Credential.
3.2. Complete a single course of training in early literacy and language development of children ages birth through five (5) that is a minimum of five (5) clock-hours or .5 CEUs. Proof of completion will be documented on the certificate of course completion, classroom transcript, or diploma. In order to meet this requirement, substitutes for the operator of a large family child care home and substitutes for the large family child care home employee who work 40 hours or more per month on average during a 12 month period must complete one (1) of the following:
(d) Large Family Child Care Home Employees in a large family child care home. Employees in a large family child care home shall be at least 18 years of age and must:
1. Within 90 days of employment in the child care industry, begin the Department of Children and Family Services’ 30 clock-hour Family Child Care Home training. The training shall be successfully completed within 12 months from the date on which the training began, as evidenced by the successful completion of a competency examination offered by the Department of Children and Family Services or its designated representative with a weighted score of 70 or better, and may not exceed 15 months from the date of employment in the child care industry. All individuals who have successfully completed the mandatory 30 clock-hour Family Child Care Home training prior to January 1, 2004 are not required to fulfill the competency examination requirement. Beginning July 1, 2006, the 30 clock-hour Family Child Care Home training will be replaced by five (5) individual training courses which total 30 clock-hours of training: Family Child Care Home Rules and Regulations; Health, Safety and Nutrition; Identifying and Reporting Child Abuse and Neglect; Child Growth and Development; and Behavioral Observation and Screening.
2. Training completed successfully will be documented on the training transcript or on CF-FSP 5267, April 2006, Child Care Training Course Completion Certificate, which is incorporated by reference. CF-FSP 5267 may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare by clicking on the training link.
a. A copy of the CF-FSP Form 5267 or training transcript must be included in each staff member's child care personnel record and maintained at each child care facility.
b. A copy of the CF-FSP Form 5267 or training transcript for the director of a child care facility must be included in the department’s official licensing file.
a. Child care personnel have one (1) opportunity, if they choose, to exempt from one (1) or more of the department’s Introductory Child Care Training courses prior to attending training by successful completion of corresponding competency examinations with a weighted score of 70 or better. The Family Child Care Home training must be documented on the Department of Children and Family Services CF-FSP Form 5267 or the Department of Children and Family Services child care training transcript.
b. Beginning July 1, 2006 the Department of Children and Family Services or its designated representative shall exempt individuals from the Health, Safety, and Nutrition; Child Growth and Development; and Behavioral Observation and Screening courses who meet one (1) of the following educational qualifications:
(I) Associate’s degree or higher with six (6) college credit hours in early childhood education/child growth and development or degree in elementary education with certification to teach any age birth through 6th grade; or
(II) An active National Early Childhood Credential or an active Birth Through Five Florida Child Care Professional Credential.
3.2. Within 12 months of date of employment in the child care industry, complete a single course of training in early literacy and language development of children ages birth through five (5) that is a minimum of five (5) clock-hours or .5 CEUs. Proof of completion will be documented on the certificate of course completion, classroom transcript, or diploma. In order to meet this requirement, employees must complete one (1) of the following:
a. One (1) of the department’s online literacy courses available on the Department of Children and Family Services website at www.myflorida.com/childcare; or
b. One (1) of the department’s approved literacy training courses. A list of these courses may be obtained from the licensing authority on the Department of Children and Family Services’ website at www.myflorida.com/childcare (no additional courses will be approved by the department); or
c. One (1) college level early literacy course (for credit or non-credit) if taken within the last five (5) years.
(e) Substitutes for an employee at a large family child care home. Prior to caring for children, substitutes for an employee at a large family child care home who work less than 40 hours a month on average during a 12 month period shall complete the department’s six (6) clock-hour Family Child Care Home Rules and Regulations training, as evidenced by successful completion of a competency based examination offered by the Department of Children and Family Services or its designated representative training prior to caring for children as documented on the Department of Children and Family Services’ CF-FSP Form 5267 and the Department of Children and Family Services’ child care training transcript three (3) clock-hour Fundamentals of Child Care Training or completed Fundamentals of Child Care Training. Large family child care substitutes who have successfully completed the three (3) clock-hour Fundamentals of Child Care or the 30 clock-hour Family Child Care Home training are not required to complete the six (6) clock-hour Family Child Care Home Rules and Regulations three (3) clock-hour Fundamentals of Child Care training course.
(7) LFCCH Supervision.
(b) Additional Supervision Requirements.
1. In addition to the number of staff required to meet staff to child ratios, if there are more than six (6) preschoolers participating on field trips away from the large family child care home, there must be one (1) additional adult present, per each six (6) preschoolers, or any fraction thereof, to provide direct supervision to the children. If some children remain in the home the adult supervision staff-to-child ratios as required in Section 402.302(7), F.S., shall apply and be maintained. In addition, one (1) staff on the field trip and one (1) staff member remaining on the premises with children must have a valid and current certificate(s) of course completion for infant and child cardiopulmonary resuscitation (CPR) procedures and first aid training. At no time shall the total number of children exceed the capacity as defined in Section 402.302(8)131, F.S.
(8) Transportation.
(a) When any vehicle is regularly used by a large family child care home to provide transportation, the driver shall have a valid current
(b) through (d) No change.
(e) An adult must remain within sight and hearing sound of children being transported in a vehicle so as to be able to respond to the needs of the children at all times.
(f) No change.
(g) Smoking is prohibited in all vehicles being used to transport children.
(h) When one (1) staff takes some children on a field trip and one (1) staff remains on the premises with the remainder of the children in care, the operator or employee transporting children is totally responsible for the care and supervision of those children and shall follow the transportation guidelines for a family day care home as defined in subsection 65C-20.012(7), F.A.C.
(9) No change.
(10) Child Discipline.
(a) Large family child care homes shall adopt a discipline policy consistent with Section 402.305(12), F.S.
(b) All large family child care home operators and personnel, including substitutes, must comply with the large family child care home’s written disciplinary policy. Such policies shall include standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited by all child care personnel.
(c) Copy of the written discipline policy must be available for review by the parents or legal guardian and the licensing authority.
Specific Authority 402.3131 FS. Law Implemented 402.302, 402.305, 402.3131 FS. History–New 5-21-00, Amended 1-4-01, 7-13-03, 9-12-04,________.
65C-20.014 Gold Seal Quality Care Program.
(1) Definitions
(a) “Active” refers to the status of a Gold Seal Quality Care Accrediting Association that has met all of the criteria of a Gold Seal Quality Care Accrediting Association for accreditation.
(b) “Effective” refers to the beginning date of a Gold Seal Quality Care provider’s designation certificate issued by the Child Care Program Office.
(c) “Expired” refers to the end date of a provider’s Gold Seal Quality Care provider’s designation certificate issued by the Child Care Program Office.
(d) “Gold Seal Quality Care Accrediting Association” refers to an accrediting association that has applied for and been approved by the Department as a Gold Seal Quality Care Accrediting Association.
(e) “Inactive” refers to the status of a Gold Seal Quality Care Accrediting Association where all criteria for accreditation are no longer being successfully met.
(f) “Nationally Recognized” refers to an association whose accrediting body is recognized, accepted and present in at least five (5) states or which had been approved as a Gold Seal Quality Care Accrediting Association by the Department prior to July 1, 2007.
(2) Provider Requirements.
(a) Gold Seal Quality Care Provider Designation Certificate Pursuant to Section 402.281(1), F.S., family day care homes and large family child care homes seeking to obtain designation as a Gold Seal Quality Care provider shall provide the Department with documentation of accreditation by an accrediting association that has been approved by the Department. A list of approved accrediting associations may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare.
(b) Gold Seal Quality Care Enforcement.
1. Gold Seal Quality Care providers must maintain national accreditation in order to retain their designation. A family day care home’s Gold Seal designation will be terminated upon expiration of accreditation. In order to obtain and maintain Gold Seal Quality Care provider designation, a family day care home must meet the additional criteria outlined in Section 402.281(3), F.S.
2. If Gold Seal Quality Care designation is revoked by the Department, termination of the designation will be effective on the last day of the current period of licensure.
3. If the family day care home’s accreditation is revoked by the accrediting agency, the family day care home’s Gold Seal Quality Care designation will be terminated effective the date of revocation.
(3) Accrediting Association Requirements.
(a) Accrediting associations seeking recognition as a Gold Seal Quality Care Accrediting Association must complete and attest to the requirements referenced on CF-FSP Form 5315 August 2007 Gold Seal Quality Care Accrediting Application, which is incorporated by reference. CF-FSP Form 5315 may be obtained on the Department of Children and Family Services’ website at www.myflorida.com/childcare. Applications are accepted during the months of January and July. Denial of an application requires a minimum of a six month waiting period, from the date of denial, before re-submission during the next scheduled acceptance month.
(b) Active Gold Seal Quality Care Associations must re-apply every five (5) years by submitting form CF-FSP 5315 that may be obtained on the Department of Children and Family Services’ website at www.myflorida.com/childcare. Re-applications must be received a minimum of six (6) months prior to end of the five (5) year period. Failure to submit form CF-FSP 5315 every five (5) years or denial of the application will place the accrediting association in an inactive state, during which the association is not recognized as a Gold Seal Quality Care Accrediting Association. Child care settings receiving accreditation certificates from an inactive association shall not be recognized as a Gold Seal Quality Care Provider.
(c) Inactive Gold Seal Quality Care Accrediting Associations wishing to become active must be in compliance with all requirements outlined on CF-FSP 5315 as a new applicant before being reinstated as an active Gold Seal Quality Care Accrediting Association, pending the Department of Children and Family Services’ approval.
Specific Authority 402.281 FS. Law Implemented 402.281 FS. History–New_______.