Module 2 - The Florida Statutes Flashcards
What does the Florida statutes consist of in the book?
contain titles, or topic areas
where can you locate the statutes that govern child care?
located in title XXIX (29), PUBLIC HEALTH
how are the the florida statutes divided into?
they are divided into chapters
The statutes that correlate to child care can be found in what chapter?
Chapter 402
What does Chapter 402 consist of for child care?
consist of health and human services
Laws that consist of governing child care may change in the future. what are the three way to review the current law in the florida statutes?
1) Florida legislature website
2) DCF’s website
3) public library
What are the 3 primary roles of the child care professional?
1) Keep children SAFE
2) provide good NUTRITION and a healthy environment
3) create a quality environment for LEARNING
KEY POINT #1: The child care provider supplements and enhances the role of parents and guardians and is the Florida department of children and families partner to serve what purpose for children?
to protect the health, safety, and well-being of the children of the state &and to promote their emotional and intellectual development and care.
what is the purpose of defining child care personnel?
to ensure that individuals who want to provide licensed child care understand training requirements and the need for background checks and screening.
what 4 section in the 402.302 definition provides definition for the term large family child care home, local licensing agency, operator, and owner
sections 11
section 12
section 13
section 14
SCENARIO: a child care facility is owned by 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 in setting roles and responsibilities.
The definition of screening is provided in where?
402.302(15)
what agencies work with the department of children and families to assist in assessing the background of child care personnel?
1) THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT
2) THE FBI
True or false: a local criminal records check is not required by DCF
True
True or False: a facility owner or director may use one as part of the hiring process
True
In accordance with 402.302(15), what is included in screening?
1) EMPLOYMENT HIRING
2) STATEWIDE CRIMINAL RECORDS CHECK (through the department of law enforcement FINGERPRINTING REQUIRED)
3) FEDERAL CRIMINAL RECORDS CHECK (FINGERPRINTING REQUIRED)
effective April 1, 2012 fingerprint cards were no longer accepted by what organization?
FDLE
what will be the only method for fingerprint submission?
Live scan
what section of the florida statute states that when the word secretary is used in chapter 402, it refers to the secretary of the department of children and families?
402.302(16)
who is the current secretary of the department of children and families?
secretary mike carroll
what section is minimum staff credentials?
402.305(3)
for every 20 children in a licensed child care facility, if the facility operates 8 hrs or more per week, one of the child care personnel in the facility must have what 3 requirements?
1) a child development associate credential
2) child care professional credential; or
3) equivalent credential as determined by DCF
where can you find information about the staff credential and other opportunities for training?
at the department of children and families website.
what section covers the staff-to-children ratio?
402.305(4)
what do you notice in statute about the ratio of staff-to-children regarding the age of the child?
the older the children, the less staff are needed where as younger children need more supervision.
what is confidentiality?
protecting private information by making sure the public does not have access to it.
does withholding doos during snack-time a discipline allowed by florida statute, and thus, by florida administrative code
no
does saying “don’t be like jimmy. he’s being a bad boy” a discipline allowed by florida statute, and thus, by florida administrative code
no
does denying repeted request to use the restroom a discipline allowed by florida statute, and thus, by florida administrative code
no
what subsection describes the process of excluding a person or a child care program from being licensed, and provides a method of appealing a decision to withhold a license?
402.3055(2)
based on 402.3055(2) how does the license agency notifies the applicant that the license has been denied, and states why the decision was reached?
in writting
what happens if the department of children and families rejected the applicant?
a hearing process.
how long does the applicant have to file a written request for a hearing due to the denial of application by the local licensing agency?
15 days
how long must the local licensing agency hold the hearing that the applicant requested?
30 days
what can the applicant do if the denial stands?
they may appeal to the department of children and families
True or False: the department of children and families hearing must be held as described by statute?
True
what subsection describes how local licensing agencies are established?
402.307
what 2 things must the county of florida do with the minimum standards if they are different from the state’s?
1) provide a copy of their minimum standards to the department of children and families
2) notify the DCF how it plans to license programs
what will happen if the DCF review local minimum standards that meet or exceed DCF standard?
they will approve a local license agency.
when are approvals renewed?
every year
what would happen if a local licensing agency is not applying the states minimum standard?
the DCF notifies the local county commission
what must the local licensing agencies provide to the DCF every year?
data about child care in it’s county
what subsection describes how child care programs are licensed in the state of florida?
402.308
when are child care programs in florida are normally licensed?
annually
what happens if there is a change in ownership?
a new license is required
in order to determine that the states minimum standards are being met programs must undergo what?
on-site review
licensing authority must coordinate inspections and if there are conflicts between inspectors then what happens?
they must resolve it.
if a licensing fee has been submitted and all standards are met they what happens?
a license will be issued.
what happens when any facility that has child care personnel who have failed the screening process?
a licensed will not be issued.
what subsection provides that a provisional license may be issued to a facility which does not meet licensing standards but can take corrective action within 6 months?
402.309
what happens if the facility is not in compliance with child care personnel screening requirements?
a provisional license may not be issued
KEY POINT #2: who determines the elements the DCF must use in writing rules that regard licensing child care facilities, personnel, and local licensing agencies in florida?
the florida statutes
what section looks at provisional licenses?
402.309
what section covers granting a provisional license that is not considered to be disciplinary action?
402.310
what can be levied against a licensee that is out of compliance?
fines
how long can probation status last?
up to 6 months
True or False: along with probation a license can be suspended or revoked if corrective action is not taken?
True
True or False: no probation status license is renewed?
True
what organization can deny, suspend, or revoke a license without placing it on probation status first.
DCF
what are the 3 things that are considered probation status?
1) severity of violation
2) corrective actions taken
3) previous violations
True or False: disciplinary actions are consistent across the state and progressively more severe according to the nature of violation?
True
disciplinary actions must follow procedures outlines from ch 120 from what?
the florida stautes and florida administrative code.
True or False: licensees have the right to appeal the action of the department or local licensing authority?
True
what section covers the process of inspection?
402.311
where can you find out what kinds of things the DCF might look for during an inspection?
specific information about inspection may be found in the florida administrative code
what section discusses injunction relief?
402.312
what is injunction?
a court order that stops someone from continuing an activity.
what section addresses how licenses and violations must be posted in public view and direction to the department to develop brochures?
402.3125
what is the name of the DCF brochure on selecting a child care provider and where can it be obtained?
the brochure is called “know your child care facility” and it can be obtained on the department’s website
what does the DCF have to spend money on a certain activity?
the DCF has to spend money on activities related to licensing
True or False: jobs such as being a firefighter, on hospital staff, or in law enforcement might demand that a person works a 24 hrs shift?
True
what section states that child care programs may provide 24 hr care for a child for up to 72 hours in one 7 day period?
402.317
what must the parent provide to the employer stating these 24 hrs shifts that are required by the terms of employment?
a written notice
what section states that a person has committed a misdemeanor in the first degree?
402.319
what are the 5 ways a person has committed a misdemeanor in the first degree?
1) lies about a child care program on application
2) operates or attempts to operate without a license
3) operates or attempts to operate with a suspended, revoked, or terminated license
4) lies about being licensed
5) lies to a parent or guardian a licensing authority or law enforcement.
if a child is harmed, that person has committed what?
a 2nd degree felony
ACTIVITY 1 QUESTION #1: child care facilities must protect the health, safety, and well-being of children
402.301
ACTIVITY 1 QUESTION #2: an application for a child care license must contain a question that specifically asks the applicant if she or he has ever had a license denied, revoked, or suspended
402.3055
ACTIVITY 1 QUESTION #3: it is a misdemeanor to advertise a facility without listing its license number
402.318
ACTIVITY 1 QUESTION #4: this statute addresses nutrition
402.305
ACTIVITY 1 QUESTION #5: screening means the act of assessing the background of child care personnel
402.302
ACTIVITY 1 QUESTION #6: when the department or the local licensing agency has reasonable cause to believe that grounds for denial or termination of employment exist, it shall notify, in writing, the applicant
402.3055
ACTIVITY 1 QUESTION #7: the department or local licensing agency may deny, suspend, or revoke a license or impose an administrative fine
402.318
ACTIVITY 1 QUESTION #8: this statute describes the gold seal quality care program
402.281
ACTIVITY 1 QUESTION #9: child care professionals should have good moral character
402.305
ACTIVITY 1 QUESTION #10: a local licensing agency must coordinate all inspection of child care facilities
402.308
ACTIVITY 1 QUESTION #11 minimum standards for child care facilities shall be adopted in the rules of the DCF
402.305
ACTIVITY 1 QUESTION #12: this statute prohibits spanking
402.305
ACTIVITY 1 QUESTION #13: you may not lie about the number of children in your facility
402.319
ACTIVITY 1 QUESTION #14: child care personnel means all owners, operators, employees, and volunteers working in a child care facility
402.302
ACTIVITY 1 QUESTION #15: child care facility includes any arrangement which provides child care for more than 5 children and receives a payment, fee or grant
402.302
ACTIVITY 1 QUESTION #16: this statute designates what training courses DCF must offer
402.305
ACTIVITY 1 QUESTION #17: this statute sets staff-to-child ratios and square footage per child
402.305
ACTIVITY 1 QUESTION #18: definitions used in the statute and by DCF are found here
402.302
ACTIVITY 1 QUESTION #19: a licensed child care facility must allow inspection of its facilities, personnel, and records
402.311
ACTIVITY 1 QUESTION #20: if the county designates a local agency to be responsible for the licensing of child care facilities, the county shall bear at least 75% of the cost involved
402.316
ACTIVITY 1 QUESTION #21: every child are facility in the state must have an annual license
402.306
ACTIVITY 1 QUESTION #22 this states that child care workers must take an additional 1 continuing education until or 10 clock hours of approved in-service training annually
402.305
