Florida Regulations 65C-45.013: Conflict of Interest for all Levels of Licensure
Current as of: 2024 | Check for updates
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Employees, Relatives and Sub-Contractors as Licensed Out-of-Home Caregivers. Licensing of employees of the Department, county sheriff’s offices, community-based care lead agencies and their subcontracted providers or their relatives who desire to become out-of-home caregivers is allowable if the following conditions are met:
(1) No actual or perceived conflict of interest exists that could result in preferential treatment concerning the licensing process or the placement and movement of children placed in the potential licensed family foster home.
(2) All initial, relicensing, and ongoing maintenance of the licensed foster home activities shall be completed by a licensed child-placing agency outside of the employee’s service area and submitted to the Regional Licensing Authority for approval.
(3) The executive director or designee in upper level management of the community-based care lead agency or supervising agency responsible for submitting the employee, relative, or subcontractor licensing file to the Department has reviewed and approved the submission of the application to the Department.
(4) The Regional Licensing Authority obtains approval of the application from the Regional Managing Director or designee prior to issuing a family foster care license for an employee, relative, or subcontractor.
(5) Enhanced Level II Foster Homes in which the child-placing agency and foster parent have a Department-approved working agreement regarding the terms and conditions of the foster parent’s responsibilities as a caregiver for the child-placing agency are exempt from this rule. The Department will approve working agreements that contain at minimum the following:
(a) Purpose of the agreement;
(b) Identification of foster parent;
(c) Residential location for agreement;
(d) Terms and Use of Residence;
(e) Foster parent responsibility;
(f) Reasons residency can be terminated.
(6) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.
Rulemaking Authority Florida Statutes § 409.145(4), 409.175(5) FS. Law Implemented 409.175(5) FS. History-New 4-26-20, Amended 12-28-21.
(2) All initial, relicensing, and ongoing maintenance of the licensed foster home activities shall be completed by a licensed child-placing agency outside of the employee’s service area and submitted to the Regional Licensing Authority for approval.
(3) The executive director or designee in upper level management of the community-based care lead agency or supervising agency responsible for submitting the employee, relative, or subcontractor licensing file to the Department has reviewed and approved the submission of the application to the Department.
(4) The Regional Licensing Authority obtains approval of the application from the Regional Managing Director or designee prior to issuing a family foster care license for an employee, relative, or subcontractor.
(5) Enhanced Level II Foster Homes in which the child-placing agency and foster parent have a Department-approved working agreement regarding the terms and conditions of the foster parent’s responsibilities as a caregiver for the child-placing agency are exempt from this rule. The Department will approve working agreements that contain at minimum the following:
(a) Purpose of the agreement;
(b) Identification of foster parent;
(c) Residential location for agreement;
(d) Terms and Use of Residence;
(e) Foster parent responsibility;
(f) Reasons residency can be terminated.
(6) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.
Rulemaking Authority Florida Statutes § 409.145(4), 409.175(5) FS. Law Implemented 409.175(5) FS. History-New 4-26-20, Amended 12-28-21.