Section 65C-46.003 - Administration and Organization(1) Statement of Purpose. The child-caring agency shall have a written statement of its purpose. The statement shall contain a description of all the services the child-caring agency provides and the methods of service delivery. The statement shall be available to the Department, referral sources, and the public on request.(2) Business Registration. Child-caring agencies shall be registered to conduct business under Florida law. Agencies incorporated outside of the State of Florida shall be authorized to do business under Florida law.(3) Governing Body. Each incorporated child-caring agency shall have a governing body. (a) For profit organizations shall maintain advisory boards which review the operational policies and practices, inspect facilities and programs, conduct interviews with children and staff members, and review matters affecting the care of and services to children. Members of advisory boards shall not have a proprietary interest in the child-caring agency or program.(b) The child-caring agency shall maintain a list of the members of its governing body. This list shall be available to the Department and shall: 1. Include the name, address, and term of membership of each member; and,2. Identify each office and the term of that office.(c) The governing body shall meet no less than once per year. Membership of the governing body shall not be fewer than five (5) members.(4) Responsibilities of the Governing Body.(a) Employ a qualified executive director, as prescribed in subsection 65C-46.011(8), F.A.C., and delegate responsibilities to that person for the administration and operation of the child-caring agency.(b) Evaluate in writing the executive director's performance annually.(c) Approve the annual budget of anticipated income and expenditures necessary to provide the services described in its statement of purpose. The governing body shall also approve the annual financial audit report.(d) Establish written personnel practices.(e) Maintain written minutes of all meetings, which shall be open to inspection by the Department.(f) Develop written policies for selection criteria and rotation of its members.(g) Develop a written plan for the storage of children's records in the event of the closing of the child-caring agency and/or facility.(5) Grievance. The child-caring agency shall have a written and posted grievance procedure which allows children in care or others to make complaints without fear of retaliation.(a) The grievance procedure shall be written in a clear and simple manner that is developmentally appropriate. It should be prominently posted in areas frequented by children and where they can read it without scrutiny.(b) The written grievance procedure shall be provided to:2. At the time of admission, the child, his or her parent or guardian, and the child's attorney and guardian ad litem, if appointed and requested.(c) The procedure must be explained to children and their families at the time of admission.(d) The child-caring agency will post the phone number of the Department's Ombudsman (1-844-KIDS-FLA) in areas frequented by children and where they can read it without scrutiny.(6) Organizational Chart.(a) The child-caring agency shall maintain a current organizational chart showing the administrative structure including the lines of authority. The organizational chart shall indicate direct care roles and non-direct care roles. This chart shall be available to the Department. The child-caring agency shall also maintain an employee roster indicating staff with direct and non-direct roles.(b) The child-caring agency shall provide written notification to the Department's regional licensing team within 30 days of changes in the agency's executive director, statement of purpose, admission criteria, business name, address, or licensing setting.(7) Finance. The child-caring agency shall provide written documentation that it has sufficient funds to meet all requirements for licensure.(a) Facilities beginning operation shall provide evidence of sufficient funding for operation of the program for at least six (6) months.(b) The child-caring agency shall prepare a written budget annually.(c) The child-caring agency shall have financial records audited annually. 1. Financial audits are required for nonprofit or for-profit child-caring agencies who expend equal to or in excess of $750,000 of state financial assistance, as outlined in Section 215.97, F.S. Annual audits must be conducted by an independent certified public accountant (CPA) licensed pursuant to Chapter 473, F.S.2. Child-caring agencies who do not meet the audit threshold must provide proof of a financial review conducted by external auditors.(d) If fees for services are charged, the child-caring agency shall have a written policy which describes the relationships between fees and services provided and the conditions under which fees are charged or waived. This policy shall be available to any person upon request.(e) If funding is obtained through public solicitation, a charitable permit for such solicitation shall be procured as required by Chapter 496, F.S.(8) Municipal, county, or other governmentally operated residential child-caring agencies subject to licensing under Section 409.175, F.S., shall, within their administrative structure and as governed by other federal, state, and local laws, provide for the duties and responsibilities described in this section.Fla. Admin. Code Ann. R. 65C-46.003
Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(5)(b)1., 8. FS.
New 7-1-87, Formerly 10M-9.015, Amended 10-20-16, 5-26-21, Formerly 64C-14.006.New 7-1-87, Formerly 10M-9.015, Amended 10-20-16, 5-26-21, Formerly 64C-14.006.