DCF Child Care 40 Hour Certification- Rules and Regulations (Florida) 2016

Florida Law

Bill passed and signed by FL legislators

Rules

implement, interpret, and describe law

Ordinance

local laws that only apply within jurisdiction

Regulation

law, rule, or ordinance to regulate conduct

Florida Statutes

permanent collection of the states laws, updated annually

Florida Administrative Code

official compilation of administrative rules for the state of Florida.

F.A.C

Rules developed by DCF

Office of Child Care Regulation and Background Screening

licensing authority, regulates licensed child care facilities in most counties in Florida

Local County Government Agencies

Effect childcare through Zoning and Building, Septic and Well, Etc...

City/Municipal Police Dept.

Effect childcare through back ground checks and screenings of child care providers

County, City, Municipal Fire Safety Inspector

Effect childcare through annual fire safety inspections

FL Department of Law Enforcement

Effect childcare through background checks and screening personnel

FL Department of Education

Effect childcare through voluntary pre-kindergarten programs

What do laws, and regulation agencies try to protect children from?

Abuse, neglect, injury and exploitation.

Local Licensing Agencies

found in some counties, regulate and enforce rules and local ordinances which must meet or exceed state standards.

How are statues organized?

Titles, Chapters, Sections, Sun Sections, Paragraphs, Sub Paragraphs, and Sub Sub Paragraphs

s.402.304 (2)(d)1.f., Florida Statutes

"section".chapter.section(subsection)(paragraph)subparagraph.subsubparagraph., FL Statutes

The statues that govern child care are found in which title?

Title XXIX (29) of Public Health

The statues that govern child care are found in which chapters?

402 Health and Human Services

Summary of 402.26 (1)

-parents are working outside of the home so childcare is impartant for FL citizens economic well being. State needs to respond to citizen concerns and the need to protect children's health and welfare

How does the state want to promote growth and stability of the child care industry?

By developing a regulatory framework and promoting the development of child care options 402.26(3) and 402.26(4)

Summary of 402.26(5)

Accessibility of child care opportunities for children at risk, economically disadvantaged and others traditionally disenfranchised from society.

Define disenfranchised

deprive a person of a legal right or privilege.

Primary role of child care professional

-keep children safe

-provide good nutrition and a healthy environment

-create a quality environment for learning

Gold Seal Quality Care Program

designation given to a child care program that is accredited by a nationally recognized association.

Gold Seal Quality Care additional criteria includes

-No class I violations within 2 years preceding its application

-No more than 3 class II violations with the 2 years preceding its application

-Not cited for the same class III violation 3 or more times, and failed to correct after 1 year of citation

Child Care

care, protection and supervision of a child for a period of less than 24 hours on a regular basis, which supplements parental care, enrichment, and health supervision for the child in accordance with his or her individual needs, and for which a payment, fee or grant is made for care. (Defined in 402.302)

Child Care Facility

any child care center or child care arrangement which provides child care for more than 5 children unrelated to the operator and receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit.

Child Care Personnel

all owners, operators, employees. and volunteers working in a child care facility.

-Does not include people that work after hours when children are not present.

Child Welfare Provider

a licensed child-caring or child-placing agency

Drop-in Child Care

child care provided occasionally in a child care facility in a shopping mall or business establishment where the child is in care for no more than a 4-hour period and the parent remains on the premises of the business at all times.

Evening Child Care

child care provided during the evening hours and may encompass the hours of 6 pm to 7 am to accommodate parents who work late night shifts.

Family day care home

occupied residence in which child care is regularly provided for children from at least 2 unrelated families which receives a payment fee or grant.

Substantial compliance

level of adherence which is sufficient to safeguard the health, safety and well-being of all children under care.

Greater than minimal adherence but less than absolute adherence

Operator

any ONSITE person ultimately responsible for the overall operation of a child care facility

Owner

person who is licensed to operate the child care facility

What kinds of records are assessed during a screening for hiring personnel?

- Employment history

- statewide criminal records checks (Dept of Law Enforcement),

-Federal criminal records checks

Secretary of the Department of Children and Families

Mike Carroll

402.305

Licensing Standards

Minimum standards for personnel

-good moral character based on screening

-minimum age requirement. Over 21 to be an operator. Over 16 to be personnel.

--minimum training requirements (40 clock hour into course)

Staff -to-Children Ratio

birth to 1 year - 1:4

1 year to under 2 - 1:6

2 years to under 3- 1:11

3 years to under 4- 1:15

4 years to under 5- 1:20

5 years or older- 1:25

Minimum Standards for Physical Facilities

building conditions, indoor play space, outdoor play space, napping space, bathroom facilities, food prep facilities, outdoor equipment and indoor equipment.

Minimum standards for square footage with valid license (indoor) on October 1, 1992 and below

20 square feet of usable indoor floor space for each child

Minimum standards for square footage with valid license (indoor) October 1, 1992 and above

35 square feet of usable indoor floor space for each child

Minimum standards for square footage with valid license (outdoor)

45 square feet of usable outdoor play area per each child for HALF of the facility's population over 1 year old.

Minimum standards for CPR

At least one staff person trained with current documentation

Minimum Standards for discipline

-children shall not be subjected to discipline which is severe, humiliating or frightening.

-discipline shall not be associated with food, rest, or toileting

-spanking or any other form of physical punishment is prohibited

-prior to admission of a child to a child care facility, the facility shall notify the parents in writing of the disciplinary practices used by the facility.

Minimum Training Requirements

-40 clock hour intro course

-must begin within 90 days

-must finish in 1 year

-have to take competency exams

Minimum Staff Credentials

For every 20 children in a licensed child care facility, 1 staff member must have a child development associate credential, child care professional credential or equivalent.

Confidentiality

protecting private information by making sure the public does not have access to it

Is withholding food during snack time allowed as a form of discipline?

No

Is denying repeated requests to use the restroom allowed as a form of discipline?

No

Where can you find what kinds of things the Department of Children and Families might look for during an inspection?

Specific information about inspections may be found in the Florida Administrative Code.

Define injunction

a court order that stops someone continuing an activity. IF they continue the activity then they are in contempt of court.

What is the name of the Department of Children and Families brochure on selecting a child care provider and where can it be obtained?

"Know Your Child Care Facility" and it can be obtained on the website.

What activity does DCF have to spend the money gained from license fees on?

The money must be spent on activities related to licensing.

True or False

A person cimmits a misdemeanor if he or she does not include a license number on an advertisement for a child care facility

True

First degree misdemeanors are committed when 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

-lies to a parent or guardian, a licensing authority, or law enforcement about the number of children in care/the part of the child care facility used for child care/credentials/screening/training

If a child is harm then it is a 2nd degree felony

F.A.C

Florida Administrative Code

Who makes the rules in the F.A.C?

DCF makes the rules based on Florida Statutes

What Chapter and Section are Rules and regulations in F.A.C?

Chapter 65C-22

65 Department of Children and Family Services

C Division of Family Safety and Preservation Program

22 Child Care Standards in Child Care Facilities

65C-22 has 11 sections

Chapter 65C-22 Sections

001 General Info

0011 Definitions

002 Physical Environment

003 Training

004 Health Related Requirements

005 Food and Nutrition

006 Record Keeping

007 Evening Child Care

008 School Age Child Care

009 Gold Seal Quality Care Program

010 Enforcement

What does licensing focus on?

Licensing focuses on the health safety and well-being of children

65C-22.001

-Application

-License

0Min Age Requirements

-Ratios

-Supervision

-Transportation

-Planned Activities

-Discipline

-Access

-Attendance

-Child Safety

What kind of license application i sbeing described in 65C-22.001 Application? For provider or facility?

The license being described is for a facility.

-where to get a license

-how to apply for a license

-the impact of criminal offenses

-renewal applications

-urban child care facilities

-outdoor play areas

What Florida statues calls for parents and guardians to be notifies if a facility chances ownership?

s.402.305(18), F.S.

65C-22.001(3) for the F.A.C

What Florida Statue establishes staff to children ratios?

s.402.305(4), F.S.

65C-22.001(4) in F.A.C

If mixed age ranges are present with the youngest being 2, how are ratios determined?

Ratios will be based on the age group with the largest number of children in that group

If mixed age ranges are present with the youngest being 1 and the oldest being 2 how are ratios determined?

1 staff member to 6 children

If mixed age ranges are present with the youngest being under 1 year how are ratios determined?

1 staff member to 4 children

What are the main points of 65C-22.001(5)

-Direct supervision is defined

-Nap supervision is defined

-Feeding supervision is defined

-Drugs or alcohol use is not permitted

-Additional supervision requirements during field trips and water activities

What are the main points of 65C-22.001(6) Transportation?

-facility driver has to have florida drivers license

-driver must pass annual medical exam

-driver must have first aid and cpr training

-vehicle must be insured

-vehicle must be inspected every year by mechanic

-number of people in vehicle cant exceed safety belts

-staff to children ratios must be met in vehicles

-driver must conduct physical inspection and visual sweep to ensure no child is left in vehicle. 2nd staff member must look as well and transportation log must be signed by both driver and 2nd staff member

What are the needs of the children under your care ?

-emotional, social, intellectual, and physical gorwth

-the need for quiet and active play both indoors and outdoors

-the need for meals, snacks, and nap time

Can electronic media be use with children younger than 2?

No

How many hours per day can children older than 2 use electronic media?

1 to 2 hours

What are accepted methods of discipline?

-Redirection

-Modeling

-Reminding

What are unacceptable methods of discipline?

-severe

-humiliating

-frightening

-discipline associated with food, rest or toileting

-spanking

-any physical punishment

How are parents supposed to have access to the facility?

In person and by telephone during the facility's normal hours of operation

Classroom

Rooms occupied by children

Sanitize

The process of destroying or reducing organisms to a safe level.

65C-22.002 (F.A.C)

11 subsections about physical environment, including play spaces and food prep/storage.

65C-22.006(2)

(F.A.C)

Children's Health Requirements

DH Form 3040 Student health exam

DH Form 680 Certificate of Immunization

DH Form 681 Religious Exemption

AKA - gold form, blue form and physical/shot record

Americans with Disabilities Act

Prohibits discrimination against people with disabilities

Calls for reasonable accomodation of the needs of people who are diabled

Disability

physical or mental impairment, an illness or disease

People First Language

A child with a disability

NOT a disabled child

Legislators

a body of people whose job is to enact laws

Legislation

a document discussed then voted on by authority

Minimum standards

basic requirements permitted by law or authority to operate a child care facility

Regulatory Agency

a government body responsible for directing and enforcing activities according to rule

State Law

a bill that has been passed and approved

What is the primary goal of a child care professional?

Keep children safe, provide good nutrition, good health, and stimulate learning

What agencies work with DCF to help with assessing background of personnel?

Florida Department of Law Enforcement and FBI

Who is the current Secretary of the Department of Children and Families?

Mike Carrol

Confidentiality

protecting private information

How often are child care programs licensed?

Annually

Provisional License

issued to a facility which does not meet licensing standard but can take corrective action within 6 months

Short phrase to help us remember how to reduce the risk of SIDS

"Back to Sleep"

Babies who can't roll over on their own must be placed on their backs

What temperature is hot food maintained at?

135 degrees F

What temperature is cold food maintained at?

41 degrees F

Standards

requirements that must be met for licensure

Violations

findings of noncompliance by the department of local licensing agency with a licensed standard

Class I violation

most serious