Fla. Admin. Code Ann. R. 65C-46.008 - Individual Needs and Rights of Children In Care

(1) The child-caring agency shall have written policies to involve children in community activities and services. The child-caring agency shall arrange for recreational and cultural enrichment and shall provide transportation and supervision as needed for use of community resources to assure that resident children are allowed to become a part of the community.

(2) The child-caring agency shall ensure that any public appearances by the children involving publicity are voluntary and that the written consent of the child's parent or guardian is on file.

(3) The facility shall have a log of available indoor and outdoor recreational activities. Such activities shall be based on the group and individual interests and needs of the children in care.

(4) The child-caring agency shall assign chores appropriate to the age and ability of the children in care. Chores shall not conflict with schooling, visits with the children's family, or any other activities associated with meeting the goals of the service or treatment plan.

(5) There shall be daily time for youth to pursue individual interests and time for privacy.

(6) The child-caring agency shall maintain a system of accounting for the whereabouts of children.

(7) The child-caring agency shall ensure that each child has the individual items necessary for personal hygiene and grooming.

(a) These items shall be accessible to each child unless it is unsafe for the child.

(b) Each child shall have training in personal care, hygiene, and grooming appropriate to the child's age, gender, gender expression, race, culture and development.

(8) The child-caring agency shall ensure that each child has clean, well fitting, seasonal clothing, appropriate to the child's age and individual needs.

(9) The child-caring agency shall involve the child in the selection, care and maintenance of the child's personal clothing, as appropriate to the child's age and ability. The child-caring agency shall allow a child to possess and bring personal belongings. The child-caring agency may limit or supervise the use of these items while the child is in care using with the reasonable and prudent parent standard in accordance with Section 409.145(3), F.S.; however, it may not restrict items based on the child's gender identity or expression.

(10) The child-caring agency shall send all personal clothing and belongings with the child when the child leaves the facility or will return clothing and personal items to the child-placing agency, parent or guardian, or child's attorney or guardian ad litem, when applicable.

(11) A child and the child's parent or legal guardian (unless parental rights have been terminated by a court of competent jurisdiction) have the right to determine the child's religious affiliation. The child-caring agency shall make arrangements for an alternative activity for children not attending religious services.

(12) The child-caring agency shall treat all youth with respect, and understand the child's history, needs, and risk factors associated with child abuse, neglect and trauma.

(13) The child-caring agency shall allow youth to have scheduled and unscheduled contact with family and persons with meaningful relationships so long as there is no violation of an existing court order.

(14) Youth shall be permitted to contact their case manager and/or legal guardian, guardian ad litem, attorney ad litem, and Children's Ombudsman.

(15) Allowance.

(a) The child-caring agency shall provide opportunities for children placed by the Department to learn the value and use of money by providing an allowance and opportunities for earning, spending, and saving.

(b) Allowance shall be provided at least monthly.

(c) Allowance shall not be tied to behavior or completion of chores.

(d) Children shall not be expected to use their allowance to purchase personal hygiene items, school supplies, clothing, or other necessities.

(e) Allowance shall not be withheld as punishment.

(f) The child-caring agency shall have a means of keeping children's money secure. A record of monies being held for children shall be kept separate from the facility's financial accounts.

(g) For privately placed youth, the child-caring agency shall document the discussion of allowance in the placement agreement.

Notes

Fla. Admin. Code Ann. R. 65C-46.008

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(5)(b)2., 12. FS.

New 7-1-87, Formerly 10M-9.027, Amended 10-20-16, 5-26-21, Formerly 64C-14.018.

New 7-1-87, Formerly 10M-9.027, Amended 10-20-16, 5-26-21, Formerly 64C-14.018.