TALLAHASSEE, November 1, 1998



Family Safety and Preservation



*(See also, FAC 65C 15)


1.  Purpose.  This operating procedure establishes uniform time frames and procedures for the department’s licensing staff to follow for relicensing child-placing agencies.  This operating procedure applies to department staff and does not enlarge, modify or reduce the rights or obligations of the licensee.


2.  Authority.  


            a.  Chapter 65C-15, Florida Administrative Code (F.A.C.).


            b.  Section 409.175, Florida Statutes (F.S.).


3.  Procedures.  If the licensing study finds the provider out of compliance with any of the standards necessary for licensure under Chapter 65C-15, F.A.C., or section 409.175, F.S., the following procedures will be followed:


a.  Provide written notification to the licensee of the rule violations that were found, citing the applicable rule and statute and providing a date by which the child-placing agency must respond with a plan of corrective action, if applicable.


            b.  In this written notification, notify the licensee what penalties are applicable for failure to comply, such as denial, suspension or revocation of their license.


            c.  If the licensing requirements are not met and violations found pose an immediate threat to the health, safety or welfare of the children, the children must be removed.


d.  If the licensing violations do not pose an immediate threat to the health, safety or welfare of the children, the department will require that a corrective action plan be developed to correct the deficiencies.  This plan must have the department’s approval.


e.  The corrective action plan must be in writing and must contain a time frame to correct each violation cited by the department.  The agency shall be advised that this corrective action plan must be received by the department by the date specified in the written notice.  Failure to comply by the date specified by the department can result in the agency’s license being suspended or revoked.  The agency’s completion of tasks contained in the approved corrective action plan may not exceed one year from the date of the written notice.


            f.  If the corrective action plan is approved, the child-placing agency must fully comply with the corrections and the timelines for completion set forth in the approved corrective action plan.


            g.  The department will inform the agency in writing of its approval or lack thereof of the submitted corrective action plan.


4.  Documentation Requirements Prior to Denying or Revoking a License.

            a.  Before making a determination that a license will be denied or revoked, the following actions/occurrences must be fully and completely documented in the licensing file.


                        (1)  Any reports made to the Abuse Hotline, as required by Chapter 415 F.S. and the outcome of the resulting investigation(s).


                        (2)  List deficiencies or conditions, other than abuse or neglect of the children served by the agency, which compromise the safety or well-being of the children.


                        (3)  The length of time and frequency of the noncompliance with the licensing requirements or deficiencies in caring for children.


                        (4)  The date of written notification to the licensee as to the deficiency and the time given to the licensee to correct the deficiency.


                        (5)  The licensing staff’s efforts to help the licensee come into compliance.


                        (6)  Barriers, if any, which prohibit the licensee from correcting the deficiencies.


            b.  The decision to issue, deny or revoke the agency’s license rests with the district administrator or the person that the district administrator has appointed to deny or approve licenses.


5.  Coordination With District Legal Counsel and Other Appropriate District Staff.  The documentation described in paragraph 4 above must be shared with the district legal counsel and other appropriate staff prior to a decision to deny or revoke a license.  District legal counsel has 10 days to respond to the licensing unit.



            (Signed original copy on file)

Deputy Secretary