Rules and Regulations for Facilities

1. Rules and Regulations for Facilities Module 1: The Child Care Professional and the Law

2. Key Point It is very important for all child care providers to know, understand, and follow the laws that govern child care in the State of Florida. Child care laws, rules, and regulations are in place to protect children, families, and child care professionals.

3. Websites to Help You Keep Current • Dept of Children & Families: www.myflorida.com/childcare/ • Florida Statutes: www.leg.state.fl.us/Welcome/ • Florida Administrative Code: www.flrules.org • Americans with Disabilities Act: http://ada.gov/

4. Key Point Laws, rules and regulations relating to child care exist in Florida to protect children from abuse, neglect, injury, and exploitation.

5. Name that Agency! Match these agencies with the correct description on the next two slides. A. The Florida Department of Children and Families. B. Local Fire Departments; Private Investigators C. Local county health department. D. Local licensing agencies.

6. 1. ___ This agency inspects child care facilities and educates child care professionals about minimizing fires and other threats to safety. 2. ___ This agency is responsible for making sure child care facilities are inspected. 3. ___ This agency determines ordinances pertaining to public health and inspects child care facilities to enforce these ordinances.

7. 4. ___ This agency determines state rules pertaining to child care and to enforce these rules by licensing and inspecting child care facilities. 5. ___ This agency establishes, regulates, and enforces rules and local ordinances, which must meet or exceed state standards.

8. Name that Agency • B • A • C • A • D

9. Florida State Statutes • The Florida Department of Children and Families, local licensing agencies, county health departments, county fire departments and many other agencies, organizations, and entities work together to establish laws, rules and regulations which benefit the children of Florida. • The Florida Department of Children and Families’ role is to put into place rules and regulations which uphold the Florida Statutes and the legislative intent of those statutes. They also enforce laws, rules and regulations. They do all of this to protect Florida’s children.

10. Key Point The Florida Department of Children and Families Child Care Program’s mission is to “ensure the health, safety, and well-being of the children of the state while in care through licensing and regulatory activities. The purpose of this program is to ensure that children are well cared for in a safe, healthy, positive, and educational environment by trained, qualified child care staff.”

11. The Child Care Professional and the Law The Florida State Statutes are made up by the individual laws which pass the Legislature. Each year, new statutes appear for the first time, some are rewritten or amended, and some stay the same. Statutes are written and proposed by the Florida Senate and House of Representatives. They are signed into law by the governor.

12. The Child Care Professional and the Law The Florida Administrative Code is made up of the rules that are created by the Florida Department of Children and Families and enforced by the Florida Department of Children and Families and many other state and local agencies. Rules and regulations are based on the Florida Statutes. The Florida Department of Children and Families governs many aspects of child care in the state, and its staff members write the rules and regulations that appear in the Florida Administrative Code.

13. The Child Care Professional and the Law The Americans with Disabilities Act, passed in 1990, prohibits discrimination of people who are handicapped or disabled. It calls for “reasonable accommodation” of the needs of people who are handicapped or disabled. Its goals are to promote community integration by prohibiting discrimination based on disability; to create early intervention services for infants and toddlers (ages birth to 3 years) with special needs and their families; and to provide non-discriminatory, multidisciplinary evaluation by qualified professionals.

14. Key Point Non-compliance with the Americans with Disabilities Act, the Florida Statutes, and the Florida Administrative Code relating to child care may result in a denied, suspended or revoked license.

15. Rules and Regulations for Facilities Module 2: The Florida Statutes

16. Introduction to the Florida Statutes… • The Florida Statutes contain 48 Titles, or topic areas. The statutes that govern child care are found in Title XXIX (29), Public Health. • These 48 titles are divided into 1,013 Chapters. The statutes we are interested in are found in Chapter 402, which is related to Health and Human Services. • All chapters are divided into Sections, and each Section may have several Subsections. Sub-sections may have sub-sub-sections. The sections we are interested in are found in Chapter 402, Section 26 through 319.

17. 402.26 Child care; legislative intent.-- For children who are disenfranchised, child care may present an opportunity to have basic needs fully met. The primary role of the child care professional is to: • Keep children safe. • Provide good nutrition and a healthy environment. • Create an environment for learning.

18. Key Point The child care provider supplements and enhances the role of parents and guardians and is the Florida Department of Children and Families’ partner to “protect the health, safety, and well-being of the children of the state and to promote their emotional and intellectual development and care.

19. 402.281 Gold Seal QualityCare program.-- • Gold Seal Quality Care designation is given to a child care program that is accredited by a nationally recognized association. • In addition to meeting the high standards of the accrediting association, in order to obtain and maintain a designation as a Gold Seal Quality Care provider, a child care facility must meet certain additional criteria.

20. 402.302 Definitions.-- Read 402.302(12,13,14) Consider this: A child care facility is owned by a licensed corporation, but it has hired a director who oversees day-to-day operations. The corporation has strong written policies which govern the director’s actions, and the director has to follow them by contract. Which one is considered the operator? The director Why do you feel this distinction is made in the statutes? Statutes have legal impacts; they can assist is setting roles and responsibilities

21. 402.302 Definitions.-- 402.302(15)What kinds of records are checked during a screening? • Employment history • Statewide criminal records checks • Federal criminal records checks

22. Florida Statutes 402.302(16) The word “Secretary” is used in Chapter 402, it refers to the Secretary of Children and Family Services Can anyone name this person? David Wilkins, Secretary Where are the Secretary’s offices located? The Department of Children and Families’ main offices are located in Tallahassee

23. 402.302 Definitions.-- 402.302(17) What reason or reasons do the statutes give for requiring substantial compliance to the law? It safeguards the health, safety and well-being of children.

24. 402.305 Licensing standards; child care facilities Part 1 – that DCF must: -establish licensing standards for all facilities. -address issues related to health, sanitation, physical surroundings, health, nutrition, & child dev. -consider fire safety in its licensing standards. -adopt rules for licensing that enforce the standards.

25. 402.305 402.305(2) – addresses personnel 402.305(3) – minimum staff credentials 402.305(4) – staff to child ratio 402.305(5,6,7) – minimum standards for the child care buildings 402.305(8) – nutrition 402.305(9) – required records 402.305(10) – transportation issues 402.305(11) – access to facility by parents

26. Effective Communication with Parents • Try to do most communication with families in a quiet, comfortable setting. • Focus on the situation, not the person. • Be clear and concise. • Be polite; don’t interrupt when another person is expressing an idea or concern. • Talk slowly and pronounce your words clearly. • Avoid speech mannerisms, such as “uh”, “um”, “like”, “you know” and “you know what I mean/I’m saying”. • Check for understanding or agreement. • Use drawings or diagrams whenever necessary to communicate complex ideas • Address people by their surname and title. (Say, “Mrs. Smith,” “Mr. Jones, “and “Dr. Johnson,” for example.) Always ask before you use a person’s first name. • At the conclusion of a conversation or meeting, restate what you believe you heard the other person say.

27. Effective Communication with Parents • Newletters are informational documents that are distributed on a regular basis to parents to inform them of upcoming and past events. • Corners are areas of the child care facility where special information and products from activities with children are shared with the parents. They can provide daily updates to parents on meals, learning activities, and events that happen at the center. • Portfoliosare collections of a child's activities and work. They are used to share the interests and accomplishments of the child with the family.

28. 402.305 402.305(12) child discipline 402.305(13) plan of activities 402.305(14) facilities in urban areas 402.305(15) transition periods 402.305(16) evening/weekend care 402.305(17) facility care for mildly-ill 402.305(18) transfer of ownership

29. 402.3055 Child care personnel requirements.-- • The licensing agency notifiesthe applicant, in writing, that the license has been denied, and states why that decision was reached. • If the Department of Children and Families rejected the applicant, the applicant may request a hearing process outlined by another statute. • If a local licensing agency denied the application, the applicant has 15days to file a written request for a hearing. • The local licensing agency must hold that hearing within 30days of the applicant’s request. • If the denial stands, the applicant may appealto the Department of Children and Families. The Department of Children and Families’ hearing must be held as described by statute.

30. 402.307 Approval of licensing agency.-- • “Promulgation” means “to publicly announce.” This first subsection says that when the Department of Children and Families announces minimum state standards, each county in Florida has to provide it with a copy of its own minimum standards if they are different from the State’s. • Each county also has to tell the Department of Children and Families how it plans to license programs. • The Department of Children and Families will review local minimum standards. If they meet or exceed the Department of Children and Families’ standards, the Department of Children and Families will approve a local licensing agency. • The Department of Children and Families renews its approval every year. • If the Department of Children and Families learns that the local licensing agency is not applying the Department of Children and Families’ minimum standards, it notifies the local county commission. • Local licensing agencies must provide the Department of Children and Families with data about child care in its county each year.

31. 402.308 Issuance of license.-- • Every child care program in Florida is licensed annually. • If there is a change in ownership, a new license is required. • Applicants must disclose their social security number to the Department of Children and Families. • Programs undergo an on-site review to determine that the State’s minimum standards are being met. • the Department of Children and Families must coordinate inspections, and if there are conflicts between inspectors, it must resolve them. • If a licensing feehas been submitted and all standards are met, a license will be issued. • A license will not be issued to any facility that has a staff member who has failed the screening process.

32. 402.309 Provisional LicenseA provisional license may be issued to a facility which is out of compliance but can complete corrective action within six months.

33. Key Point The Florida Statutes determine elements the Department of Children and Families must use in writing rules that regard licensing child care facilities, personnel, and local licensing agencies in Florida.

34. 402.310 Disciplinary actions; hearings upon denial, suspension, or revocation of license; administrative fines.-- • Fines can be levied against a licensee that is out of compliance. • A license can be converted to probation-status for a period of up to 6months, and the probation-status license can be suspended or revoked if corrective action is not taken. No probation-status license may be renewed. • DCF can deny, suspend, or revoke a license without placing it on probation-status first. • Severity of violation, corrective actions taken by the licensee, and previous violations are taken into consideration when determining disciplinary action. • DCFestablishes the grounds for revoking, suspending, or denying a license, or placing a license on probation-status, and DCF establishes the system of imposing sanctions • Disciplinary actions are consistent across the state and progressively more severeaccording to the nature of the violation. • When administering disciplinary actions, the Department must follow the procedures outlined in Chapter 120 of the Florida Statutes and Florida Administrative Code. Licensees have the right to appeal the action of the Department or Local Licensing Authority.

35. 402.311 Inspection.-- This statute does not outline what is to be inspected, but rather the process of inspection that is allowed by law. Where can you find out what kinds of things the Department of Children and Families might look for during an inspection? The Florida Administrative Code. It also states that if DCF or local licensing agency suspects that a program is operating without a license, they can enter the facility with a warrant.

36. 402.312 License required; injunctive relief.-- To read this statute correctly, you need to know what injunction is. An injunction is a court order that stops someone from continuing an activity. If the person does not stop doing the activity named in the injunction, they are in contempt of court and will face further discipline, usually in the form of fines. “Enjoins” in this statute means “prohibits.” So DCF or the licensing agency has the right to go to court, obtain an injunction, and close a facility. They would do this if a program didn’t have a valid license, if the program was out of compliance with laws/rules, if harm to a child occurs at the program, repeated violations, etc.

37. Key Point The Florida Statutes determine the elements the Department of Children and Families must use in writing rules that govern inspections and disciplinary actions related to licensing.

38. 402.3125 • License must be displayed • Any citation of violation, an explanation, & corrective action must be displayed & remain posted for 1 year • DCF shall develop a brochure on selecting child care providers

39. Know Your Child Care Facility Brochure which must be provided to the parents. May be obtained from: www.myflorida.com/childcare/ Available in English and Spanish

40. 402.315 • Funding & License Fees • Child Care programs pay licensing fees. • Fees collected by DCF; used for licensing • These fees also started the Gold Seal Quality Care Program.

41. Key Point The Florida Statutes determine the elements the Department of Children and Families must use in writing rules that govern licensing fees and the use of the money the fees generate.

42. 402.317 Prolonged Child Care - child care facilities may provide 24 hr care for a child for up to 72 hrs in one 7-day period, providing that parent provides written notice from employer that 24 hr shifts are part of their employment.402.318 Advertisement - Misdemeanor if license number not on advertisements for child care facility.

43. FS 402.319: Penalties If a person: • Lies about a child care program on an application • Operates, or attempts to operate, without a license • Operates, or attempts to operate, with a suspended, revoked, or terminated license • Lies about being licensed • If a person lies to a parent or guardian, a licensing authority, or law enforcement about: • The number of children in care • The part of the home used for child care • Credentials • Screening • Training That person has committed a misdemeanor in the first degree.

44. Key Point The Florida Statutes determine the elements the Department of Children and Families must use in writing rules that govern penalties against child care providers and child care workers.

45. Rules and Regulations for Facilities Module 3: The Americans with Disabilities Act

46. The Americans with Disabilities Act According to the EEOC Web site at http://www.eeoc.gov/types/ada.html, the ADA defines a disability as: • An individual with a disability is a person who: • Has a physical or mental impairment that substantially limits one or more major life activities; • Has a record of such an impairment; or • Is regarded as having such an impairment.

47. Key Point The ADA is a law that prohibits discrimination against people who have a physical or mental impairment.

48. The Americans with Disabilities Act • Prohibits discrimination in employment, public services, public accommodations and transportation. • Promotes community integration by prohibiting discrimination based on disability. • Creates early intervention services forinfants and toddlers (ages birth to 3 years) with special needs and their families. • Provides a non-discriminatory, multidisciplinary evaluation by qualified professionals. • Provides related services, including transportation and such supportive services that are required to assist a child to benefit from special education. • Assures parentalinvolvement and consent in all aspects of the educational process. • Assures confidentiality of records.

49. Key Point The ADA benefits children with disabilities by helping them get the assistance they need.

50. The Americans with Disabilities Act • You need to consider every child on an individual basis. • Using stereotypesto form ideas about people is not a good decision-making process. • You should consider the difficultyof meeting a need when making an enrollment decision. It may be easier than you might think. • Negotiate in good faith. • Determine what community resources are available to help you accommodate a child with special needs. • You may not charge more for services provided to a child with a disability. • If you need to make adjustments to your building, seek community assistance.