Section 65C-15.004 - On-Site Visits and Complaint Investigation(1) All child-placing agencies shall be inspected at least annually. Regional licensing staff of the Department may make either scheduled or unannounced visits to a licensed home, facility or agency at any time to investigate and evaluate compliance with the licensing requirements.(2) The Department shall investigate complaints to determine if the agency is meeting the licensure requirements.(3) The child-placing agency shall fully cooperate with the Department whenever complaint investigations are conducted.(4) The Department shall investigate any report questioning the certification status or compliance of a child-placing agency with requirements of Section 409.175, F.S., or alleging violations of Rule Chapter 65C-15, F.A.C., by the agency within 20 business days to determine whether the complaint is substantiated.(5) The Department shall advise the owner and operator of the child-placing agency that there is a licensing complaint when initiating an investigation.(6) The Department shall notify the complainant and the child-placing agency in writing of the results of the complaint investigation within 15 business days after the report of the Department's investigation has been finalized.(7) The Department shall only revoke a child-placing agency's license when one of the following factors exist: (a) The agency has had licensing violations during the term of the license.(b) The licensing violations compromise the safety or well-being of children.(c) The agency does not have the ability to protect the children in care.(d) The agency has failed to comply with a corrective action plan during the term of the license.(e) The agency does not have the ability and/or willingness to implement a corrective action plan.(8) If as a result of the investigation the Department determines that the child-placing agency can ensure child safety despite the existence of one or more of the factors listed in paragraphs (7)(a)-(e), above, then the Department shall prepare a written corrective action plan to correct any deficiencies. (a) The plan shall be developed in conjunction with the child-placing agency.(b) The plan shall be put in writing and signed by the executive director or designee of the child-placing agency. A copy of the plan shall be provided to the agency.(c) Failure of the child-placing agency to timely comply with the corrective action plan shall result in suspension, denial of relicensure, or revocation of the license.(9) If the Department makes a decision to revoke, suspend, or deny further licensure, notice shall be delivered via personal service or certified mail pursuant to Section 120.60(5), F.S., which shall include the statutory and rule violations that were found, and advise of the action to be taken and the right to challenge the action through an administrative proceeding as provided in Chapter 120, F.S.Fla. Admin. Code Ann. R. 65C-15.004
Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS.
New 12-19-90, Amended 10-27-93, Formerly 10M-24.009, Amended by Florida Register Volume 42, Number 213, November 1, 2016 effective 11/14/2016.New 12-19-90, Amended 10-27-93, Formerly 10M-24.009, Amended 11-14-16.