Rules and Regulations for Facilities

1
Rules and Regulations for Facilities

• Module 2
• The Florida Statutes

2
Module Goal

• To ensure child care professionals understand how
  the Florida Statutes determines their roles and
  responsibilities as child care professionals.

3
Introduction to the Florida Statutes

• The Florida Statutes contain 48 Titles, or topic
  areas. The statutes that govern child care are
  found in Title XXIX (14), Public Health.
• These 48 titles are divided into 1,013 Chapters.
  The statutes we are interested in are found in
  Chapter 402, which is related to Health and Human
  Services.

4

• All chapters are divided into Sections, and each
  Section may have several Subsections.
  Sub-sections may have sub-sub-sections. The
  sections we are interested in are found in
  Chapter 402, Section 26
• through 319.

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DCFs child care website

• www.myflorida.com/childcare/

6
402.26 Child care legislative intent.--

• For children who are disenfranchised, child care
  may present an opportunity to have basic needs
  fully met.
• .
• The primary role of the child care professional
  is to
• -Keep children safe.
• -Provide good nutrition and a healthy
  environment.
• -Create an environment for
• learning.

7
Key Point

• The child care provider supplements and
  enhances the role of parents and guardians and is
  the Department of Children and Families partner
  in its mission to ensure the health, safety and
  well-being of the children of the state while in
  care through licensing and regulatory activities.

8
p.15 Notes

• Child care the care, protection, and
  supervision of a child, for a period of less than
  24 hours a day on a regular basis for a fee.
• Child care facility any child care center or
  arrangement which provides child care for more
  than 5 children
• (unrelated to the operator) and
• which receives a payment.

9
402.302 Definitions

• 402.302(3), Florida Statute specifically set out
  a definition of care personnel so that
  individuals will allow certain processes to take
  place if they want to become licensed. What is
  the purpose of defining child care personnel?
• Screening and training

10
402.302 Definitions

• 402.302(11). A day care facility is
• owned by a licensed corporation, but it
• has hired a director who oversees day-to-
• day operations. The corporation has
• strong written policies which govern the
• directors actions, and the director has to
• follow them by contract. Which one is
• considered the operator? The director
• Why do you feel this distinction is made in the
  statutes?
• Statutes have legal impacts
• they can assist is setting roles
• and responsibilities

11
402.302 Definitions

• What agencies work with child care
• facilities to improve the quality of
• child care in Florida?
• Local law enforcement
• FDLE
• FBI

12
402.302 Definitions

• What kinds of records are checked during a
  screening?
• Employment history
• Local criminal records checks through local law
  enforcement agencies
• Fingerprints
• Statewide criminal records checks through the
  Florida Department of Law Enforcement
• Federal criminal records checks through
• the Federal Bureau of Investigation

13
Florida Statutes

• The word Secretary is used in Chapter
• 402, it refers to the Secretary of
• Children and Family Services.
• Can anyone name this person?
• George Shelton - interim
• Where are the Secretarys offices located?
• The Department of Children and Families main
• offices are located in Tallahassee

14
402.302 Definitions.--

• Notes
• Substantial compliance -
• It is the level of adherence which is
• sufficient to safeguard the health,
• safety and well-being of all children
• under care.

15
402.305 Licensing standards child care
facilities

• Notes
• The legislature does not set licensing standards.
  Instead it gives the DCF the authority to do so.

16
402.305 Licensing standards child care
facilities

• Where can we find out more about the Staff
  Credential or other opportunities for training?
• DCF child care website

17
402.305 Licensing standards child care
facilities

• What do we notice about the ratio of
  staff-to-children regarding the age of the child?
  Why is this?
• The older the children, less staff needed.
  Younger children need more supervision.

18
402.305 Licensing standards child care
facilities

• What is confidentiality?
• Protecting private information by making sure
  the public does not have access to it.

19
402.305 Licensing standards child care
facilities

• p16 Notes
• The public can access DCFs rules regarding
  licensing and other issues through the Florida
  Administrative Code.

20
Effective Communication with Parents

• Try to do most communication with families in a
  quiet, comfortable setting.
• Focus on the situation, not the person.
• Be clear and concise.
• Be polite dont interrupt when another person is
  expressing an idea or concern.
• Talk slowly and pronounce your words
• clearly.

21
Effective Communication with Parents

• Avoid speech mannerisms, such as uh, um,
  like, you know and you know what I mean/Im
  saying.
• Check for understanding or agreement.
• Use drawings or diagrams whenever necessary to
  communicate complex ideas
• Address people by their surname and title. (Say,
  Mrs. Smith, Mr. Jones, and Dr. Johnson, for
  example.)
• Always ask before you use a persons
  first name.

22
Effective Communication with Parents

• At the conclusion of a conversation or meeting,
  restate what you believe you heard the other
  person say.
• Newsletters are informational documents that are
  distributed on a regular basis to parents to
  inform them of upcoming and past events.

23
Effective Communication with Parents

• Corners are areas of the child care facility
  where special information and products from
  activities with children are shared with the
  parents.
• Portfolios are collections of a childs
  activities and work. They are used to share the
  interests and accomplishments of the child with
  the families.

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Forms of discipline allowed?

• Withholding food during snack-time. NO
• Saying, Dont be like Jimmy. Hes being a bad
  boy. NO
• Denying repeated requests to use the restroom.
  NO
• What is the best way of disciplining?
• By applying the written disciplinary
• practices of the facility.

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402.3055 Child care personnel requirements.

• p18 Notes
• If a person or program has ever had a child care
  license denied, revoked or suspended, can they
  get relicensed?
• Yes, after review by DCF or local licensing
  agency.

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402.3055 Child care personnel requirements.--

• Process of license denial and appeal
• The licensing agency notifies the applicant, in
  writing, that the license has been denied, and
  states why that decision was reached.
• If the Department of Children and Families
  rejected the applicant, the applicant may request
  a hearing process outlined by another statute.
• If a local licensing agency denied the
• application, the applicant has 15 days
• to file a written request for a
• hearing.

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402.3055 Child care personnel requirements.

• The local licensing agency must hold that hearing
  within 30 days of the applicants request.
• If the denial stands, the applicant may appeal to
  the Department of Children and Families. The
  Department of Children and
• Families hearing must be held
• as described by statute.

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402.307 Approval of licensing agency.

• Promulgation means to publicly announce. This
  first subsection says that when the Department of
  Children and Families announces minimum state
  standards, each county in Florida has to provide
  it with a copy of its own minimum standards if
  they are different from the States.
• Each county also has to tell the Department of
  Children and Families how it plans to license
  programs.
• The Department of Children and Families will
  review local minimum standards. If they meet or
  exceed the Department of Children and Families
  standards, the Department of Children and
  Families will approve a local licensing
  agency.

29
402.307 Approval of licensing agency.

• The Department of Children and Families renews
  its approval every year.
• If the Department of Children and Families learns
  that the local licensing agency is not applying
  the Department of Children and Families minimum
  standards, it notifies the local county
  commission.
• Local licensing agencies must provide the
  Department of Children and Families with data
  about child care in its county each year.

30
402.308 Issuance of license.

• Every child care program in Florida is licensed
  annually.
• If there is a change in ownership, a new license
  is required.
• Applicants must disclose their social security
  number to the Department of Children and
  Families.
• Programs undergo an on-site review to determine
  that the States minimum standards are being met.
• the Department of Children and Families must
  coordinate inspections, and if there are
  conflicts between inspectors, it must
  resolve them.

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402.308 Issuance of license.

• If a licensing fee has been submitted and all
  standards are met, a license will be issued.
• A license will not be issued to any facility that
  has a staff member who has failed the screening
  process.

32
402.309 Provisional license.

• A provisional license may be issued to a facility
  which is out of compliance but can complete
  corrective action within six months.

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Key Point

• The Florida Statutes determine elements the
  Department of Children and Families must use in
  writing rules that regard licensing child care
  facilities, personnel, and local licensing
  agencies in Florida.

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402.310 Disciplinary actions hearings upon
denial, suspension, or revocation of license
administrative fines.--

• Outline of Process
• Fines can be levied against a licensee that is
  out of compliance.
• A license can be converted to probation status
  for a period of up to 6 months, and the
  probation-status license can be suspended or
  revoked if corrective action is not taken. Not
  probation-status license may be renewed.
• DCF can deny, suspend, or revoke a license
  without placing it on probation- status
  first.

35
402.310 Disciplinary actions hearings upon
denial, suspension, or revocation of fines
license administrative.

• Severity of violation, corrective actions taken
  by the licensee, and previous violations are
  taken into consideration when determining
  disciplinary action.
• DCF establishes the grounds for revoking,
  suspending, or denying a license, or placing a
  license on probation- status, and DCF
  establishes the system of imposing sanctions.

36
402.310 Disciplinary actions hearings upon
denial, suspension, or revocation of fines
license administrative.

• Disciplinary actions are consistent across the
  state and progressively more severe according to
  the nature of the violation.
• When administering disciplinary actions, the
  Department must follow the procedures outlined in
  Chapter 120 or the Florida Statutes.
• Licensees have the right to appeal the action of
  the Department or Local Licensing Authority.

37
402.311 Inspection.

• Notes, p22
• Any licensing child care agency must allow DCF or
  the local licensing agency to have access to its
  facility, personnel and records for the purpose
  of inspection.

38
402.311 Inspection.

• Where can you find out what kinds of things the
  Department of Children and Families might look
  for during an inspection?
• The Florida Administrative Code.

39
402.311 Inspection.

• Notes, p22
• Two documents that allow a person to inspect a
  facility
• 1-application for license
• 2-warrant obtained from circuit court

40
402.312 License required injunctive relief.

• What is an injunction?
• A court order that stops someone from continuing
  an activity.

41
402.312 License required injunctive relief.

• Notes, p22
• DCF or local licensing agency has the right to go
  to court, obtain an injunction and close a
  facility under the following circumstances
• no valid license
• if program was out of compliance with laws, rules
  or regulations and harm to a child might occur
• history of repeated violation
• facility was ordered to close and it did not

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Key Point

• The Florida Statutes determine the elements
  the Department of Children and Families must use
  in writing rules that govern inspections and
  disciplinary actions related to licensing.

43
402.3125 Display and appearance of license
posting of violations information to be provided
to parents

• What is the name of the Department of Children
  and Families brochure on selecting a child care
  provider and where can it be obtained?
• Know Your Child Care Facility from the DCF
  website
• http/www.dcf.state.fl.us/childcare

44
Know Your Child Care Facility

• Brochure which must be provided to the parents.
• May be obtained from
• www.myflorida.com/childcare/
• Available in
• English and Spanish

45
402.3125 Display and appearance of license
posting of violations information to be provided
to parents

• Notes, p22
• The centers license must be displayed
• Any citation of violation, an explanation, and
  corrective action must be displayed and remain
  posted for 1 year.
• DCF must develop a brochure on selecting a child
  care provider.

46
402.315 Funding and License Fees.

• We see that child care programs pay license
  fees.The Department of Children and Families
  has to spend the money on a certain activity.
• What is it?
• Licensing

47
Key Point

• The Florida Statutes determine the elements the
  Department of Children and Families must use in
  writing rules that govern penalties against child
  care providers and child care workers.

48
402.317 Prolonged child care.

• Can anyone name a job that might demand that a
  person work a 24-hour shift?
• Firefighter, hospital staff, law enforcement

49
Statutes Scavenger Hunt

• Choose a partner.
• Using Module 2 and the Florida Statutes, review
  and identify the particular statute the matches
  the description.
• The pair with the most correct statutes wins a
  prize!!!