Section 65CER22-1 - Standards for Unaccompanied Alien Children and Unaccompanied Refugee Minor Programs (Renewal)(1) Any residential child-caring agency, child-placing agency, or family foster home, as those terms are defined in 409.175(2), F.S., seeking to provide services for Unaccompanied Alien Children (UAC) and Unaccompanied Refugee Minors (URM) must meet licensing requirements herein in addition to the program standards for the type of license sought.(2) For purposes of section 409.175(5)(b)1, F.S., which requires "evidence of need" to obtain a license, and section 409.175(1)(a), F.S., which provides that the purpose of the licensure requirement is to "protect the health, safety, and well-being of all children in the state" who are cared for by residential child-caring agencies or family foster homes, or placed by child-placing agencies, the planned and organized resettlement of UAC or URM by the Office of Refugee Resettlement (ORR) of the U.S. Department of Health and Human Services does not constitute evidence of need as required for issuance or renewal of a license for a residential child-caring agency, child-placing agency, or family foster home that seeks to provide services to such UAC or URM, unless such resettlement is governed by a cooperative agreement between the State of Florida and the United States Government. In the absence of such cooperative agreement, no license will be issued or renewed with respect to any residential child-caring agency, child-placing agency, or family foster home that applies to provide services for UAC or URM resettling to Florida, and any residential child-caring agency, child-placing agency, or family foster home providing such services under a current license to UAC or URM who have already resettled in Florida may not further place or take placement of any additional UAC or URM until a cooperative agreement is entered. For purposes of this rule, the term "resettlement" means the transportation of persons to Florida for the purpose of temporarily or permanently residing in Florida. The Department has no obligation to enter or renew a cooperative agreement with the United States Government for the resettlement of UAC or URM to Florida, and the Department may revoke or decline to enter or renew such agreement.(3) The child-placing agency or residential child-caring agency, whichever is applicable, must ensure a contractual or grant agreement was executed between ORR and the child-placing agency or residential child-caring agency in order to provide care and services to UAC.(4) The child-placing agency or residential child-caring agency, whichever is applicable, must ensure a contractual or grant agreement was executed between the U.S. Government and the State of Florida in order to provide care and services to URM.(5) Care and supervision of UAC, URM, and dependent youth may not be provided in the same home or under the same license. The child-placing agency must ensure foster parents comply with this requirement.(6) For a residential child-caring agency, the director and direct care staff must sign and comply with the plan applicable to the licensed setting. For a foster home, the child-placing agency must ensure the foster parents sign and comply with the plan applicable to the licensed setting. Residential child-caring agencies, child-placing agencies, or foster homes that provide services for UAC must use the "Plan for Unaccompanied Alien Children" Form, CF-FSP 5488, February 2022, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14108. Residential child-caring agencies, child-placing agencies, or foster homes that provide services for URM must use the "Partnership Plan for Unaccompanied Refugee Minors," Form CF-FSP 5487, February 2022, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14107.(7) The residential child-caring agency or child-placing agency, whichever is applicable, must conduct in-person welfare checks of any UAC that it places, or assists in placing, with a sponsor after the effective date of this rule to ensure each child's safety and well-being. (a) The welfare checks must be completed a minimum of once every six months until one of the following occurs: 1. The child reaches the age of 18;2. The child permanently leaves Florida;3. The child is removed from the United States;4. The child is granted lawful immigration status; or5. The residential child-caring agency or child-placing agency closes or is no longer licensed.(b) The welfare checks must include: 1. Verifying the identity of the child through previously submitted photographs obtained by the child-placing or residential child-caring agency;2. Taking a photograph of the child;3. Looking for any unusual marks on visible parts of the body;4. Speaking with the child about any issues he or she may be experiencing; and5. Speaking with the caregiver about the child's well-being and basic needs.(c) The child-caring or child-placing agency must report the results of the welfare checks to the Department or, if applicable, the Florida Abuse Hotline as follows: 1. Suspected incidents of child abuse and neglect must be immediately reported to the Florida Abuse Hotline in accordance with Chapter 39, F.S.2. If the welfare check does not reveal any of the incidents described in (7)(c)1. of this rule, then the report must be made no later than the fifth (5th) day of the month following the date the welfare check was conducted, e.g., if a welfare check is completed on January 15, then the report must be made no later than February 5. The report must include the following: a. Name of the child and date of birth.b. Date the welfare check was conducted.c. Name of the child's caregiver.d. Location of the in-person welfare check.e. Statement affirming that there were no presenting issues or concerns.f. Any indication that the child is no longer residing in or is temporarily relocated from the sponsor's home, to include that the child has been determined to be missing or the child's whereabouts are unknown.(8) Any child-placing agency or residential child-caring agency that provides care to URM must adhere to all contractual and federal case management requirements when conducting in-person child welfare checks.(9) The residential child-caring agency must ensure all direct care staff complete training hours on immigration in child welfare, cultural awareness, and human trafficking related topics, as outlined in section 4.3.6. of the Office of Refugee and Resettlement UAC Program Policy, March 11, 2019, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13072. The child-placing agency must ensure foster parents complete training hours outlined in 65C-45.002, F.A.C.(10) The child-placing agency or residential child-caring agency must provide a copy of its education plan outlining how education will be provided.(11) The child-placing agency or residential child-caring agency must develop policies and procedures on the administration and management of medication. A licensed health care provider must write or verbally order all nonprescription medications. Verbal orders must be documented in the child's file. The residential child-caring agency or child-placing agency must align all health and safety policies with ORR guidelines.(12) The child-placing agency or residential child-caring agency must notify the Department of any changes in the contract/grant agreement with ORR, and submit an updated copy, to include ORR's decision to no longer utilize the facility.(13) For purposes of this rule, the term "Unaccompanied Alien Child" has the same meaning as in 6 U.S.C. § 279(g)(2), and the term "Unaccompanied Refugee Minor" means an unaccompanied minor, as defined in 45 C.F.R. §400.111, who has met the federal eligibility standards for placement into the Unaccompanied Refugee Minor Program.(14) This Emergency Rule will expire on May 27, 2024.Fla. Admin. Code Ann. R. 65CER22-1
Rulemaking Authority 409.175(5) FS. Law Implemented 409.175 FS.
Adopted by Florida Register Volume 48, Number 169, August 30, 2022 effective 9/5/2022, Amended by Florida Register Volume 48, Number 235, December 6, 2022 effective 12/4/2022, Amended by Florida Register Volume 49, Number 045, March 7, 2023 effective 3/4/2023, Amended by Florida Register Volume 49, Number 109, June 6, 2023 effective 6/2/2023, Amended by Florida Register Volume 49, Number 173, September 6, 2023 effective 8/31/2023, Amended by Florida Register Volume 49, Number 234, December 5, 2023 effective 11/29/2023(Emergency), Amended by Florida Register Volume 50, Number 040, February 27, 2024 effective 2/27/2024 (EMERGENCY).