Notice of Proposed Rule

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation
RULE NO: RULE TITLE
60BB-9.300: Child Care Resource and Referral
PURPOSE AND EFFECT: The purpose of the proposed rulemaking is to establish the requirements related to Child Care Resource and Referral (CCR&R).
SUMMARY: The proposed rulemaking addresses the statewide administration of CCR&R and establishes requirements related to availability of resources, maintenance of information, and issuance of referrals.
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: 411.0101 FS.
LAW IMPLEMENTED: 411.0101 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 22, 2009, 1:30 p.m. – 2:30 p.m. or until business concludes
PLACE: Agency for Workforce Innovation, 107 East Madison Street, Tallahassee, Florida 32399-4128 and by phone at 1(888)808-6959, Conference Code 921-3193
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kristin R. Harden, Office of General Counsel, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399-4128; (850)245-7150

THE FULL TEXT OF THE PROPOSED RULE IS:

60BB-9.300 Child Care Resource and Referral.

(1) Child Care Resource and Referral (CCR&R) Services.

(a) CCR&R services shall be locally administered, coordinated, and overseen by CCR&R agencies as established in accordance with Section 411.0101, F.S.

(b) Early learning coalitions and/or their contracted CCR&R agencies shall offer CCR&R services including early learning referrals, consumer education resources, and information regarding community resources to each individual requesting CCR&R services, including but not limited to individuals specifically requesting CCR&R services, individuals applying for School Readiness services, and individuals with a child who has a suspected or diagnosed special need or disability. CCR&R services shall be offered without regard to an individual’s level of income, or individual circumstances. CCR&R services shall be available for all children aged zero (0) through twelve (12) including unborn children and children aged thirteen (13) through eighteen (18) who are physically or mentally incapable of self-care or are under court supervision.

(c) Each CCR&R agency shall provide CCR&R services without cost to the individual requesting services within three (3) business days of the individual’s request for services.

(d) Each CCR&R agency shall attempt to personally contact an individual requesting services in an emergency situation within two (2) business hours of becoming aware of a request for services and, if the CCR&R agency is unable to make personal contact, continue its attempts to make contact at least once every two (2) business hours. The CCR&R agency shall provide CCR&R services within twenty-four (24) hours of the time the CCR&R agency makes personal contact with the individual requesting services in an emergency situation. Emergency situations include but are not limited to:

1. Closure of a child care or early learning provider with less than forty-eight (48) hours of notice;

2. Declaration of a state of emergency by local, state, or federal officials which affects families and providers within the CCR&R agency’s service area; and

3. Family emergencies including the death or hospitalization of a parent or guardian, a change in custody of a child with less than forty-eight (48) hours of notice, or a change in employment or employment status with less than forty-eight (48) hours of notice.

(e) Notwithstanding paragraphs (1)(c) and (d) of this rule, the CCR&R agency is not required to provide services or attempt to contact an individual requesting services in emergency situations if the CCR&R agency is unable to operate as a result of a state of emergency as declared by local, state, or federal officials.

(f) Each CCR&R agency shall establish and implement a plan for ensuring that CCR&R services are accessible to all individuals within its service area, including individuals who have limited access to telephone services, internet services, or transportation. The CCR&R agency may utilize technology and may coordinate with other CCR&R agencies and community entities in order to expand the accessibility of services.

(g) At least one physical location for CCR&R services shall be available in each CCR&R agency’s service area. Each CCR&R agency shall designate a minimum of forty (40) hours each week when individuals requesting services may meet with staff in person on an appointment or walk-in basis to receive CCR&R services within the coalition’s service area. In addition, each CCR&R agency shall make staff members available to provide CCR&R services for a minimum of forty (40) hours per week via telephone. CCR&R agencies shall be permitted to reduce the number of weekly hours of in person and telephone availability by a maximum of eight (8) hours for each local, state, or federal holiday and each business day during which a local, state, or federal emergency, which makes the CCR&R agency unable to operate, is declared.

(h) Each CCR&R agency shall maintain a web site and at least one other form of advertisement within its service area that describes the services offered and provides the CCR&R agency’s contact information and, if the CCR&R agency is not also an early learning coalition, the contact information of the early learning coalition in which the CCR&R agency operates.

(2) CCR&R services may be offered via telephone, e-mail, on-line, fax or in person. Child care referrals shall be generated using the statewide information system maintained by the Agency for Workforce Innovation. Each referral shall be customized by entering the following information:

(a) Type of household;

(b) Relationship to child;

(c) Reason for care;

(d) Child care issues;

(e) Days/time care is needed;

(f) Child’s date of birth;

(g) Type of program requested;

(h) Child’s special need, if applicable;

(i) Family’s primary language if not English; and

(j) Requests for enhanced services.

(3) Each CCR&R agency shall provide an informational packet to each individual requesting service within six (6) business days of the date upon which the individual requested services. The early learning coalition and/or CCR&R agency is not required to provide an informational packet if the individual requesting services has declined receipt of an informational packet. The individual requesting services may choose to pick up an informational packet in person or to receive an informational packet by mail, email, or fax. At a minimum, an informational packet shall contain:

(a) A cover letter including:

1. A disclaimer statement indicating that the information contained in the informational packet constitutes an unbiased referral for child care services and is not a recommendation regarding the quality of a child care program or the provider’s services;

2. Suggestions describing how a family may proceed in the search for an appropriate provider;

3. The web address of the state child care provider licensing database and, if available, the phone number of the local licensing agency;

4. An invitation to contact the CCR&R agency again if further assistance is required;

5. The contact information of the CCR&R agency, the contact information of the early learning coalition in the event that the early learning coalition is not the CCR&R agency, and the toll-free phone number and website (http://www.floridajobs.org/earlylearning/ChildCareResourceReferralNetwork.html) of the Agency for Workforce Innovation’s Office of Early Learning, CCR&R division.

(b) A child care referral printout which lists a minimum of five (5) providers matching the criteria requested by the individual requesting information unless fewer than five (5) providers within the CCR&R agency’s service area meet the criteria requested.

(c) Other information deemed appropriate by the CCR&R agency, as requested by the individual requesting services. Requests for other appropriate information shall be recorded in the statewide information system maintained by the Agency.

(4) Each CCR&R agency shall offer a list of relevant consumer education resources and community resources, including the manner in which each resource may be obtained, to all individuals requesting CCR&R services based upon the information provided by the individual requesting services. The list of relevant consumer resources shall include an offer to provide guidance regarding the content of the list and availability of resources. Each CCR&R agency shall maintain access and current subscriptions to relevant consumer education resources and community resources. Relevant consumer education resources and community resources include but are not limited to:

(a) A resource list or directory of community services for all counties in the early learning coalition service area in which the CCR&R agency operates;

(b) United Way Directory, FLAIRS, 2-1-1;

(c) Information from and contact information for the Department of Children and Families;

(d) Information from and contact information for the Department of Education;

(e) Information regarding Florida KidCare;

(f) Information regarding Abuse Registry;

(g) The Florida Directory of Early Childhood Services (Central Directory);

(h) Resources provided by the Agency for Workforce Innovation including “A Family Guide for Selecting Quality Early Learning Programs” and “A Quality Checklist for Evaluating Early Learning Programs”; and

(i) Any other resources as needed and appropriate to the specific needs of the individual family.

(5) Prior to the CCR&R agency’s last business day in May, each CCR&R agency shall provide and annually update the following information in the statewide information system maintained by the Agency for Workforce Innovation for each organization offering family day care, public and private child care programs, head start, prekindergarten early intervention programs, special education programs for prekindergarten handicapped children, services for children with developmental disabilities, full-time and part-time programs, before-school and after-school programs, vacation care programs, parent education, the WAGES Program, and related family support services within the early learning coalition’s service area. At a minimum, the CCR&R agency shall provide the following information for each organization:

(a) Contact information;

(b) Accreditation status;

(c) Program styles offered;

(d) Schedule;

(e) Ages served;

(f) Enrollment information and vacancies;

(g) Curriculum type;

(h) Private pay rates charged;

(i) Environment;

(j) Special services offered;

(k) Languages other than English spoken fluently by the provider’s staff;

(l) Staffing;

(m) Transportation; and

(n) Meal options.

(6) CCR&R agencies are encouraged to ensure that the information listed in subsection (5) above is included in the statewide information system maintained by the Agency for Workforce Innovation for all other legally operating early learning and school age child care providers, such as recreational facilities and nanny and au pair agencies.

(7) Early learning coalitions and/or CCR&R agencies are prohibited from charging a provider or organization a fee for identifying the provider or organization through the statewide information system.

Rulemaking Authority 411.0101 FS. Law Implemented 411.0101 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Kristin R. Harden
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cynthia R. Lorenzo
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 22, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 3, 2009