Fla. Admin. Code Ann. R. 65H-2.021 - Monitoring
(1) The Department
will conduct monitoring of certified programs to ensure compliance of the
minimum standards as set forth in this rule chapter.
(2) The first monitoring of a certified
batterers' intervention program may be conducted on-site within six (6) months
after initial certification. Thereafter, a certified batterers' intervention
program will be monitored annually, through an on-site visit or desk review, as
determined by the Department. However, monitoring may occur at any time there
is a corrective action or a complaint to the Department.
(3) Within 30 calendar days after the
monitoring, the provider will receive a written report from the Department
indicating whether or not standards have been met.
(4) If Department monitoring indicates that a
provider has violated or otherwise does not meet the standards set forth in
this rule chapter, the provider will be given 30 calendar days from the date of
the written report to submit a corrective action plan. The severity of the
noncompliance may affect the period of time allowed for correction, but in no
event shall the corrective action period exceed 90 days.
(a) The proposed corrective action plan must
contain all of the following:
1. The actions
the provider and its staff will take to correct each of the violations
identified and to comply with the applicable requirements;
2. The name of the staff person(s)
responsible for completing each action; and
3. A timeframe for accomplishing each
action.
(b) The
Department will reject any proposed corrective action plan that fails to
identify all of the information described in paragraph (4)(a) of this rule or
reflects a plan of action that does not address the violation(s). If the
Department rejects a proposed corrective action plan, the Department shall
notify the provider in writing of the reasons for rejection and require the
provider to submit an amended corrective action plan addressing the deficiency
or deficiencies within five business days of receipt of the Department's notice
rejecting the corrective action plan.
(c) The provider is responsible for ensuring
that the corrective action plan is fully implemented within the timeframes
designated in the corrective action plan, which includes documenting in writing
all action taken to correct a violation.
(5) Failure of the provider to successfully
complete the corrective action plan will result in suspension of a program's
certification, unless the Department finds that the failure to successfully
complete the corrective action plan is due to extraordinary circumstances
beyond the provider's reasonable control. However, the Department will suspend
a program's certification immediately without allowing a corrective action in
cases of recurring violations or intervention approaches contrary to those as
set forth in this rule chapter.
(6)
A provider that is notified by the Department that its certification is
suspended for recurring violations, inappropriate intervention approaches, or
failure to complete a corrective action may not apply for new certification for
a period of one year from the date of suspension and shall not advertise itself
as a certified Batterers' Intervention Program during this time.
(7) A provider that is notified that its
certification is suspended shall comply with the transfer requirements set
forth in paragraph 65H-2.016(5)(c),
F.A.C., to assist its participants in transferring to a certified batterers'
intervention program so that participants receive credit for their attendance
at the decertified provider's program.
(8) The Department's primary communication
with providers will be electronic. Providers shall have the capability to
access the internet and to electronically submit certification documentation as
required by the Department. Providers shall maintain a functional email address
with the capability of receiving attachments and provide that address to the
Department for the purposes of certification and
monitoring.
Notes
Rulemaking Authority 741.327 FS. Law Implemented 741.32, 741.325, 741.327 FS.
New 9-4-22.
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