(1) Licensure Capacity.
    (a) The supervising agency shall make a recommendation to the Department regarding licensure capacity. The Department shall issue the licensure capacity for a home based on the factors set forth in Section 409.175(3)(a), F.S.
    (b) Licensure capacity shall be reviewed during the annual reassessment for licensure.
    (c) For purpose of this rule, dependent child means a child with an open dependency case placed in licensed out-of-home care.
    (2) Placement Capacity.
    (a) The total number of children placed in a home shall not exceed the placement capacity as outlined in Section 409.175(3)(b), F.S.
    (b) Dependent children residing in a home prior to licensure which cause the home to exceed the maximum placement capacity in paragraph (a) of this section may be permitted to remain in the home once licensed. No new licensed placements may be made in the home until the number of children placed falls below the maximum placement capacity.
    (c) There shall be no more than two infants under 24 months of age in a licensed home, including caregiver’s own children.
    (3) Over-Capacity Placement Waiver Requests. Over-capacity placement waiver requests may be considered for paragraph (2)(a) under the following circumstances to allow:
    (a) A parenting youth in foster care to remain with his or her child,
    (b) Siblings to remain together,
    (c) A child with an established meaningful relationship with the family to remain with the family, or
    (d) A family with special training or skills to provide care to a child who has a severe disability.
    (4) Over-Capacity Placement Assessments.
    (a) The assessment of each child in the home and of the child being placed in the home shall be completed using the Over-Capacity Assessment module in the state’s child welfare information system by the Child Placing Agencies or Department designated child welfare professional.
    (b) The assessment must include:
    1. The medical, mental, physical, and behavioral needs of each child;
    2. A clear, concise explanation of why the over-capacity waiver should be approved including the reason it has been determined that this is the most appropriate available placement;
    3. A description of any special services or support systems which may be necessary to assure the well-being of the child being placed;
    4. A description of how the home can physically accommodate the additional child. Accommodations shall include a bed, adequate closet space and room for personal possessions, and adequate privacy;
    5. Information concerning how the needs of any particularly vulnerable child currently in placement can be adequately protected;
    6. Placement needs and risk factors for children who have been sexually victimized or who are sexually aggressive; and
    7. Verification that there are no active complaints, licensing standards in violation, active abuse reports, or foster care referrals for the proposed placement.
    (5) Approval of Over-Capacity Placement Waivers.
    (a) Over-capacity placement waiver approvals shall be approved verbally or in writing by the Department.
    (b) Approval of over-capacity placement waivers must be provided prior to placing any children in the home over the placement capacity as outlined in subsection (2).
    (c) The initial assessment approval by the Department shall not exceed 30 days.
    (d) Subsequent approvals for the same child or children may be approved for 90-day extensions verbally and in writing by the Department.
    (e) The approval for the over-capacity placement waiver is child-specific and shall automatically expire when the number of children falls below the maximum placement capacity as outlined in paragraph (2)(a).
    (f) All child placements in an over-capacity placement shall be recorded in the state’s child welfare information system by the supervising agency within 24 hours of placement.
Rulemaking Authority Florida Statutes § 409.175(5). Law Implemented 409.175(3) FS. History-New 4-26-20, Amended 9-14-22.