Section 65C-43.006 - Administrative Actions(1) Prior to a moratorium on referrals or revocation of certification for a safe foster home or safe house, the Regional Licensing Authority shall review the following: (a) Licensing history, including history of corrective action plans; and,(b) History of abuse and neglect reports and foster care referrals.(2) If the certification violation poses an immediate threat to the health, safety, or welfare of the youth or young adults, the community-based care lead agency or child-caring agency shall coordinate the placement of all youth or young adults into other licensed settings as soon as possible, but in no case later than 48 hours. Upon identification of a new placement, transition shall occur in accordance with section 409.145(2)(c), F.S. The case manager shall participate in the coordination of securing a new placement.(3) If the change in placement is a result of circumstances addressed in subsection (2) of this rule, the case manager shall document in FSFN and provide the following information within 72 hours of the new placement for each child and young adult to the Regional Licensing Authority:(a) Date of placement change;(b) Reason for the change in placement;(c) Identification of new placement and service providers for each child and young adult; and, (d) Identification of all parties notified of the placement disruption, including the medical, behavioral and psychiatric providers.(4) If the certification violation does not pose an immediate threat to the health, safety, or welfare of the children or young adults, the Regional Licensing Authority shall send a notification of noncompliance to the foster parent or child-caring agency by certified mail within 10 business days of the decision.(5) The notification of noncompliance shall cite the specific certification standard(s) in which the safe foster home or safe house is in noncompliance and shall include a timeframe in which the foster parent or child-caring agency must come into compliance with the certification standard(s).(6) Within 10 business days of receipt of notification of noncompliance, the foster parent or child-caring agency shall notify the Regional Licensing Authority of any intent to come into compliance with certification. In addition, the foster parent or child-caring agency must provide the Regional Licensing Authority with the following for each child and young adult: (a) Proposed alternate placement;(b) Current and proposed service providers, if a change occurs;(c) Current and proposed educational services, if a change occurs;(d) Current and proposed medical providers, if a change occurs; and,(e) Current and proposed behavioral and psychiatric providers, if a change occurs.(7) No new placements of sexually exploited children or young adults shall occur until all certification violations have been resolved.(8) Certification violations are not considered resolved until approved by the Regional Licensing Authority.(9) If certification violations have not been resolved and approved by the Regional Licensing Authority, the foster parent or child-caring agency will be notified by certified mail within 10 business days of the reasons why the certification violations have not been resolved.(10) If the foster parent or child-caring agency does not come into full compliance with certification standards within 10 business days of the notification of reasons why the certification violations have not been resolved, the Regional Licensing Authority shall send the foster parent or child-caring agency notice by certified mail that the certification is revoked.(11) Except as prescribed in subsection (2) of this rule, upon notification of certification revocation, the lead agency or child-caring agency shall secure new placement for each youth or young adult within five (5) business days.(12) Except as prescribed in subsection (3) of this rule, the sending agency shall provide the Regional Licensing Authority within 10 business days of the change in placement of each child or young adult the following information: (a) The name of the receiving safe foster home or safe house;(b) The date of the transfer; and,(c) The location of the child or young adult's case files.Fla. Admin. Code Ann. R. 65C-43.006
Rulemaking Authority 409.1678(2)(e) FS. Law Implemented 409.1678 FS.
Adopted by Florida Register Volume 41, Number 249, December 29, 2015 effective 1/12/2016.