Is This Child Care? Office of Child Care Regulation

Is This Child Care? Office of Child Care Regulation

Is this Child Care? Purpose: To provide information on the possible types of child care operations that occur in Florida Define types of child care arrangements Understand policies, rules, and laws that pertain to a child care

Department of Children and Families (DCF), Office of Child Care Regulation: Is a component of the services provided by Department of Children and Families. Is accountable for the statewide licensure of Florida's child care facilities, specialized child care facilities for the care of mildly ill children, large family child care homes and licensure or registration of family day care homes. Is to ensure a healthy and safe environment for the children in child care settings and to improve the quality of their care through regulation and consultation. Is to ensure that licensing requirements are met through on-going inspections of child care facilities and homes, thus preventing the continued operation of substandard child care programs.

DCF Office of Child Care Regulation: Responsible for the inspection and licensure of child care facilities and homes in 62 out of 67 counties in the State of Florida as well as registration of family day care homes in those counties which do not require licensure. Five counties have elected to regulate licensing of child care facilities and homes as provided in 402.306, Florida Statutes. Those counties are Broward, Hillsborough, Palm Beach, Pinellas, and Sarasota.

Regulatory Authority Section 402.26(3), F.S.- Intent To protect the health and welfare of children, it is the intent of the Legislature to develop a regulatory framework that promotes the growth and stability of the child care industry and facilitates the safe, physical, intellectual, motor and social development of the child.

Child Care Is Defined Pursuant to 402.302, F.S. : Child Care is defined as the care, protection, and supervision of a child, for a period of less than 24 hours a day 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.

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

Family Day Care Home Family Day Care Home- an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit.

Large Family Child Care Home Large Family Child Care Home- an occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment fee or grant for any of the children receiving care, whether or not for profit, and which has at least two full-time child care personnel on the premises during the hours of operation.

Religious Exempt Child Care Facility A facility which is an integral part of a church OR a parochial school conducting regularly scheduled classes, courses of study or educational programs and is accredited by a recognized organization.

Before and Afterschool Programs school age children only Before/After-school Programs that have received a determination for the Child Care Regulation office that: Are located at and operated by a public/non-public school Are strictly instructional or tutorial/academic in nature Meet these four criteria: Operate less than four hours per day Allow children to enter and leave w/out adult supervision Do not provide transportation for field trips Do not serve meals National Membership Organization, Serve only children in grades six and above

Types In Operation Licensed Child Care Facilities Licensed Family Day Care Homes Licensed Large Family Child Care Homes Licensed Specialized Child Care Facilities for the Care of Mildly Ill Children

Types in Operation Registered Family Day Care Homes Religious Exempt Child Care Facility Public/Non Public Schools Before and Afterschool Programs National Membership Organizations

Programs Not Deemed A Child Care Facility Summer Day Camps Summer Camps Bible Schools normally conducted during vacation periods, Operators of transient establishmentsprovided for hotel quests

Licensure Requirements Child Care Facilities School Age Programs Urban Child Care Facilities Drop In Child Care Evening Child Care Weekend Child Care Family Day Care Home Large Family Child Care Home Mildly Ill Child Care

Licensing Regulations Sections 402.301 through 402.319, Florida Statutes (F.S.)- Child Care Services Program 65C-22, Florida Administrative Code Standards for Child Care Facilities 65C-20, Florida Administrative Code Standards for Family Day Care Homes and Large Family Child Care Homes 65C-25, Florida Administrative Code Standards for Specialized Child Care Facilities for the Care of Mildly- Ill Children

Operations Not Deemed Child Care/Child Care Facility Public Schools & Non-Public Schools Operated and staff directly by the school for children are between 3 and 5 years or all children are at least 5, during the regular school day. Operated and staff directly by the school for children under 3 years of age.

Is this Child Care? How can I determine if this is child care? What should I look for? What should I do if I have suspensions? Is there someone to help?

Questions to ponder that will help determine if child care is occurring: How many children are observed? Ask ages of children in care Are any or all of the children related to the provider? If so, how are they related? Is payment being received for the care of children observed? Is the provider a licensed or registered provider?

Questions Child Care Operation How is the home/room set up? Classroom style, centers (housekeeping, reading area, block area, art area, etc.) Are multiple cots or mats for napping visible? Is there a designated diaper changing area? Is there a designated isolation area for ill children? Are there excessive toys, ranging greatly in age appropriateness?

Questions Child Care Operation Are there multiple lunch boxes or high chairs around? Posted items on walls, such as menus, activities, emergency contact numbers, evacuation plans, and/or training certificates? Is there a DCF or local licensing license posted? Do you see sign in/out attendance sheets?

Questions- Child Care Operation Are additional adults present to help provide supervision? What is their role? Are adults dropping off and/or picking up children continuously and throughout the day? Observe children in areas throughout the home.

Suspect Child Care Operation If you suspect or confirm a child care arrangement during the course of your investigation, contact your circuit licensing office immediately. Licensing staff must investigate the allegation of an illegal operation or other complaints within a set time frame. If possible, as required by law, an investigation of suspected child abuse or neglect at a known child care arrangement should be conducted jointly between the protective investigator and the licensing counselor.

Child Care Regional Offices

Child Care Web Page- Provider Search Provider Public Search Feature: https://cares.myflfamilies.com/publicsearch Provider profiles: Name, address, license number, provider type, capacity, days and hours of operation and services offered. 3 year inspection history if applicable.

Provider Search- Public Access

Provider Profile

Annual License Issued for one year Renewed annually, on or before the expiration date Provided all requirements are met or timely corrected

Inspections

Right of Inspection Section 402.311, F.S. Every child care provider is required to allow the Department access to facilities, personnel, and records at reasonable times, during regular business hours, to ensure compliance with Section 402.301 through 402.319,F.S.

Types of Inspections Initial Inspection Routine Inspection Abbreviated Inspection Re-inspection Renewal Inspection Complaint Inspection

Frequency of Inspection Facilities- 3 full, on-site inspections per year, approximately every 4 months Family Day Care Homes and Large Family Child Care Homes- 2 full, on-site inspection per year, approximately every 6 months Exceptions Inactive providers Programs that operate less than 12 months a year Probation status School Readiness- license exempt Gold Seal Quality Care Providers- License exempt

Institutional Reports Pursuant to 39.302(1), F.S., The department shall conduct a child protective investigation of each report of institutional child abuse, abandonment, or neglect. Upon receipt of a report that alleges that an employee or agent of the department, or any other entity or person covered by s. 39.01(37) or (54), acting in an official capacity, has committed an act of child abuse, abandonment, or neglect, the department shall initiate a child protective investigation within the timeframe established under s. 39.201(5) and notify the appropriate state attorney, law enforcement agency, and licensing agency, which shall immediately conduct a joint investigation, unless independent investigations are more feasible. When conducting investigations or having face-to-face interviews with the child, investigation visits shall be unannounced unless it is determined by the department or its agent that unannounced visits threaten the safety of the child. If a facility is exempt from licensing, the department shall inform the owner or operator of the facility of the report.

Institutional Reports Each agency conducting a joint investigation is entitled to full access to the information gathered by the department in the course of the investigation. A protective investigation must include an interview with the child s parent or legal guardian. The department shall make a full written report to the state attorney within 3 working days after making the oral report. A criminal investigation shall be coordinated, whenever possible, with the child protective investigation of the department. Any interested person who has information regarding the offenses described in this subsection may forward a statement to the state attorney as to whether prosecution is warranted and appropriate. Within 15 days after the completion of the investigation, the state attorney shall report the findings to the department and shall include in the report a determination of whether or not prosecution is justified and appropriate in view of the circumstances of the specific case.

No Contact Orders Pursuant to s. 39.302, (2)(a) F.S. in the course of the child protective investigation, the department finds that a subject of a report, by continued contact with children in care, constitutes a threatened harm to the physical health, mental health, or welfare of the children, the department may restrict a subject s access to the children pending the outcome of the investigation. The department or its agent shall employ the least restrictive means necessary to safeguard the physical health, mental health, and welfare of the children in care. This authority shall apply only to child protective investigations in which there is some evidence that child abuse, abandonment, or neglect has occurred.

Complaint Inspection On-site and unannounced Result from report of violation of licensing standards Must be commenced immediately for serious violations and within 48 hours for less serious Always check ratio Inspect only those items that relate to the allegations Unless additional non-compliance issues are observed

Complaints The Department is authorized to investigate complaints or concerns related to licensing and school readiness standards Complaints related to issues that are not licensing violations (wages, compensation, breaks) cannot be addressed by the Department

Counselor Responsibility for Complaints Alleging Abuse Conduct joint investigation with CPI whenever possible Inspect for licensing violations Provide CPI and provider with technical assistance as much as possible Maintain contact with CPI and follow up on case as much as necessary Provide any necessary information to CPI, Supervisor, Safety Program Manager and others, as appropriate

Complaints Involving Injuries Must be investigated immediately All child care staff directly involved or who have knowledge of the incident should be interviewed separately Children who are directly involved and all witnesses should be interviewed Abuse report made, if necessary

Complaints Alleging Illegal Operation Make face to face to contact with the alleged unlicensed or unregistered provider Use the Unlicensed Inspection report form in the licensing system Provide the operator with a copy of the report Provide information on how to become licensed or registered Instruct provider to cease operations until such time as they become licensed Take necessary action if provider does not cease operations

Complaints Against Registered Family Day Care Homes Per s.402.313, F.S., only complaints related to background screening and the number of children in care can be investigated by the Department If an allegation of abuse or neglect is reported, a report must be made to the Florida Abuse Hotline

Complaints Against Religious Exempt Providers Regulated by standards established by Religious Accrediting Agencies so complaints related to the standards should be referred to the accrediting agency Environmental Health or Fire Safety issues should be reported to the accrediting agency and the responsible department Allegations of abuse or neglect should be reported to the Abuse Hotline Background screening complaints are investigated by the Department Providers are given technical assistance and a due date to come into compliance If they do not get screening at that point, the Program Office will contact the accrediting agency for assistance

Complaints Against Summer Camps Counselor will go out to the camp for complaints regarding background screening Checks for level 2 screening and AGMC for each staff person Provider technical assistance if summer camp is unaware of screening requirements and provide a corrective action date Refer to DCF background screening web site Complaints related to something other than background screening refer complainant to proper agency; fire, health or abuse hotline

Is it Child Care Scenarios?

Scenario 1 An investigation is being conducted at a public school for a program that is operated after school hours. The staff member is not employed and the program is not operated by the school district. Is this child care?

Scenario 2 An investigation is being conducted at a public school for a program that is operated after school hours. The children observed in care range in ages from 3 to 12. The staff member is not employed and the program is not operated by the school district. Is this child care?

Scenario 3 An investigation is being conducted at a local church. The investigator observes classrooms set up with centers such as dramatic play, reading areas and multiple toys. There are children and staff occupying the rooms? Is this child care?

Scenario 4 An investigation is being conducted at a program that occurs during the summer months and is geared toward school age children (5 years by September 1 of upcoming school year and older). Is this child care?

Scenario 5 An investigation is being conducted at a residential home. The investigator observed multiple children in the home. The age range of children varies, multiple cribs, pack n plays, high chairs, indoor and outdoor play equipment is observed. Is this child care?

Scenario 6 An investigation is being conducted at a church for an incident that occurred during vacation bible school. Is this child care?

Scenario 7 An investigation is being conducted at a business setting in the mall where children are dropped off for care while parents shop. Is this child care?

Information Sheet

Questions Samantha Wass de Czege Director Office of Child Care Regulation Dinah Davis Policy Manager Office of Child Care Regulation