Fla. Admin. Code Ann. R. 65C-15.004 - On-Site Visits and Complaint Investigation
(1) All child-placing agencies shall be
inspected at least annually. Regional licensing staff of the Department may
make either scheduled or unannounced visits to a licensed home, facility or
agency at any time to investigate and evaluate compliance with the licensing
requirements.
(2) The Department
shall investigate complaints to determine if the agency is meeting the
licensure requirements.
(3) The
child-placing agency shall fully cooperate with the Department whenever
complaint investigations are conducted.
(4) The Department shall investigate any
report questioning the certification status or compliance of a child-placing
agency with requirements of Section
409.175, F.S., or alleging
violations of Rule Chapter 65C-15, F.A.C., by the agency within 20 business
days to determine whether the complaint is substantiated.
(5) The Department shall advise the owner and
operator of the child-placing agency that there is a licensing complaint when
initiating an investigation.
(6)
The Department shall notify the complainant and the child-placing agency in
writing of the results of the complaint investigation within 15 business days
after the report of the Department's investigation has been
finalized.
(7) The Department shall
only revoke a child-placing agency's license when one of the following factors
exist:
(a) The agency has had licensing
violations during the term of the license.
(b) The licensing violations compromise the
safety or well-being of children.
(c) The agency does not have the ability to
protect the children in care.
(d)
The agency has failed to comply with a corrective action plan during the term
of the license.
(e) The agency does
not have the ability and/or willingness to implement a corrective action
plan.
(8) If as a result
of the investigation the Department determines that the child-placing agency
can ensure child safety despite the existence of one or more of the factors
listed in paragraphs (7)(a)-(e), above, then the Department shall prepare a
written corrective action plan to correct any deficiencies.
(a) The plan shall be developed in
conjunction with the child-placing agency.
(b) The plan shall be put in writing and
signed by the executive director or designee of the child-placing agency. A
copy of the plan shall be provided to the agency.
(c) Failure of the child-placing agency to
timely comply with the corrective action plan shall result in suspension,
denial of relicensure, or revocation of the license.
(9) If the Department makes a decision to
revoke, suspend, or deny further licensure, notice shall be delivered via
personal service or certified mail pursuant to Section
120.60(5),
F.S., which shall include the statutory and rule violations that were found,
and advise of the action to be taken and the right to challenge the action
through an administrative proceeding as provided in Chapter 120,
F.S.
Notes
Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS.
New 12-19-90, Amended 10-27-93, Formerly 10M-24.009, Amended 11-14-16.
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