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Child Care Facility Part 1 - Child Care Facility Rules and Regulations (FACR) > Module 2 - The Florida Statutes > Flashcards

Module 2 - The Florida Statutes Flashcards

1
Q

What does the Florida statutes consist of in the book?

A

contain titles, or topic areas

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2
Q

where can you locate the statutes that govern child care?

A

located in title XXIX (29), PUBLIC HEALTH

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3
Q

how are the the florida statutes divided into?

A

they are divided into chapters

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4
Q

The statutes that correlate to child care can be found in what chapter?

A

Chapter 402

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5
Q

What does Chapter 402 consist of for child care?

A

consist of health and human services

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6
Q

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?

A

1) Florida legislature website
2) DCF’s website
3) public library

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7
Q

What are the 3 primary roles of the child care professional?

A

1) Keep children SAFE
2) provide good NUTRITION and a healthy environment
3) create a quality environment for LEARNING

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8
Q

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?

A

to protect the health, safety, and well-being of the children of the state &and to promote their emotional and intellectual development and care.

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9
Q

what is the purpose of defining child care personnel?

A

to ensure that individuals who want to provide licensed child care understand training requirements and the need for background checks and screening.

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10
Q

what 4 section in the 402.302 definition provides definition for the term large family child care home, local licensing agency, operator, and owner

A

sections 11
section 12
section 13
section 14

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11
Q

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?

A

THE DIRECTOR

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12
Q

why do you feel this distinction is made in the statutes?

A

statutes have legal impacts, they can assist in setting roles and responsibilities.

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13
Q

The definition of screening is provided in where?

A

402.302(15)

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14
Q

what agencies work with the department of children and families to assist in assessing the background of child care personnel?

A

1) THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT

2) THE FBI

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15
Q

True or false: a local criminal records check is not required by DCF

A

True

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16
Q

True or False: a facility owner or director may use one as part of the hiring process

A

True

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17
Q

In accordance with 402.302(15), what is included in screening?

A

1) EMPLOYMENT HIRING
2) STATEWIDE CRIMINAL RECORDS CHECK (through the department of law enforcement FINGERPRINTING REQUIRED)
3) FEDERAL CRIMINAL RECORDS CHECK (FINGERPRINTING REQUIRED)

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18
Q

effective April 1, 2012 fingerprint cards were no longer accepted by what organization?

A

FDLE

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19
Q

what will be the only method for fingerprint submission?

A

Live scan

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20
Q

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?

A

402.302(16)

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21
Q

who is the current secretary of the department of children and families?

A

secretary mike carroll

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22
Q

what section is minimum staff credentials?

A

402.305(3)

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23
Q

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?

A

1) a child development associate credential
2) child care professional credential; or
3) equivalent credential as determined by DCF

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24
Q

where can you find information about the staff credential and other opportunities for training?

A

at the department of children and families website.

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25
Q

what section covers the staff-to-children ratio?

A

402.305(4)

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26
Q

what do you notice in statute about the ratio of staff-to-children regarding the age of the child?

A

the older the children, the less staff are needed where as younger children need more supervision.

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27
Q

what is confidentiality?

A

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

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28
Q

does withholding doos during snack-time a discipline allowed by florida statute, and thus, by florida administrative code

A

no

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29
Q

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

A

no

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30
Q

does denying repeted request to use the restroom a discipline allowed by florida statute, and thus, by florida administrative code

A

no

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31
Q

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?

A

402.3055(2)

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32
Q

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?

A

in writting

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33
Q

what happens if the department of children and families rejected the applicant?

A

a hearing process.

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34
Q

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?

A

15 days

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35
Q

how long must the local licensing agency hold the hearing that the applicant requested?

A

30 days

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36
Q

what can the applicant do if the denial stands?

A

they may appeal to the department of children and families

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37
Q

True or False: the department of children and families hearing must be held as described by statute?

A

True

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38
Q

what subsection describes how local licensing agencies are established?

A

402.307

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39
Q

what 2 things must the county of florida do with the minimum standards if they are different from the state’s?

A

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

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40
Q

what will happen if the DCF review local minimum standards that meet or exceed DCF standard?

A

they will approve a local license agency.

41
Q

when are approvals renewed?

A

every year

42
Q

what would happen if a local licensing agency is not applying the states minimum standard?

A

the DCF notifies the local county commission

43
Q

what must the local licensing agencies provide to the DCF every year?

A

data about child care in it’s county

44
Q

what subsection describes how child care programs are licensed in the state of florida?

A

402.308

45
Q

when are child care programs in florida are normally licensed?

A

annually

46
Q

what happens if there is a change in ownership?

A

a new license is required

47
Q

in order to determine that the states minimum standards are being met programs must undergo what?

A

on-site review

48
Q

licensing authority must coordinate inspections and if there are conflicts between inspectors then what happens?

A

they must resolve it.

49
Q

if a licensing fee has been submitted and all standards are met they what happens?

A

a license will be issued.

50
Q

what happens when any facility that has child care personnel who have failed the screening process?

A

a licensed will not be issued.

51
Q

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?

A

402.309

52
Q

what happens if the facility is not in compliance with child care personnel screening requirements?

A

a provisional license may not be issued

53
Q

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?

A

the florida statutes

54
Q

what section looks at provisional licenses?

A

402.309

55
Q

what section covers granting a provisional license that is not considered to be disciplinary action?

A

402.310

56
Q

what can be levied against a licensee that is out of compliance?

A

fines

57
Q

how long can probation status last?

A

up to 6 months

58
Q

True or False: along with probation a license can be suspended or revoked if corrective action is not taken?

A

True

59
Q

True or False: no probation status license is renewed?

A

True

60
Q

what organization can deny, suspend, or revoke a license without placing it on probation status first.

A

DCF

61
Q

what are the 3 things that are considered probation status?

A

1) severity of violation
2) corrective actions taken
3) previous violations

62
Q

True or False: disciplinary actions are consistent across the state and progressively more severe according to the nature of violation?

A

True

63
Q

disciplinary actions must follow procedures outlines from ch 120 from what?

A

the florida stautes and florida administrative code.

64
Q

True or False: licensees have the right to appeal the action of the department or local licensing authority?

A

True

65
Q

what section covers the process of inspection?

A

402.311

66
Q

where can you find out what kinds of things the DCF might look for during an inspection?

A

specific information about inspection may be found in the florida administrative code

67
Q

what section discusses injunction relief?

A

402.312

68
Q

what is injunction?

A

a court order that stops someone from continuing an activity.

69
Q

what section addresses how licenses and violations must be posted in public view and direction to the department to develop brochures?

A

402.3125

70
Q

what is the name of the DCF brochure on selecting a child care provider and where can it be obtained?

A

the brochure is called “know your child care facility” and it can be obtained on the department’s website

71
Q

what does the DCF have to spend money on a certain activity?

A

the DCF has to spend money on activities related to licensing

72
Q

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?

A

True

73
Q

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?

A

402.317

74
Q

what must the parent provide to the employer stating these 24 hrs shifts that are required by the terms of employment?

A

a written notice

75
Q

what section states that a person has committed a misdemeanor in the first degree?

A

402.319

76
Q

what are the 5 ways a person has committed a misdemeanor in the first degree?

A

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.

77
Q

if a child is harmed, that person has committed what?

A

a 2nd degree felony

78
Q

ACTIVITY 1 QUESTION #1: child care facilities must protect the health, safety, and well-being of children

A

402.301

79
Q

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

A

402.3055

80
Q

ACTIVITY 1 QUESTION #3: it is a misdemeanor to advertise a facility without listing its license number

A

402.318

81
Q

ACTIVITY 1 QUESTION #4: this statute addresses nutrition

A

402.305

82
Q

ACTIVITY 1 QUESTION #5: screening means the act of assessing the background of child care personnel

A

402.302

83
Q

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

A

402.3055

84
Q

ACTIVITY 1 QUESTION #7: the department or local licensing agency may deny, suspend, or revoke a license or impose an administrative fine

A

402.318

85
Q

ACTIVITY 1 QUESTION #8: this statute describes the gold seal quality care program

A

402.281

86
Q

ACTIVITY 1 QUESTION #9: child care professionals should have good moral character

A

402.305

87
Q

ACTIVITY 1 QUESTION #10: a local licensing agency must coordinate all inspection of child care facilities

A

402.308

88
Q

ACTIVITY 1 QUESTION #11 minimum standards for child care facilities shall be adopted in the rules of the DCF

A

402.305

89
Q

ACTIVITY 1 QUESTION #12: this statute prohibits spanking

A

402.305

90
Q

ACTIVITY 1 QUESTION #13: you may not lie about the number of children in your facility

A

402.319

91
Q

ACTIVITY 1 QUESTION #14: child care personnel means all owners, operators, employees, and volunteers working in a child care facility

A

402.302

92
Q

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

A

402.302

93
Q

ACTIVITY 1 QUESTION #16: this statute designates what training courses DCF must offer

A

402.305

94
Q

ACTIVITY 1 QUESTION #17: this statute sets staff-to-child ratios and square footage per child

A

402.305

95
Q

ACTIVITY 1 QUESTION #18: definitions used in the statute and by DCF are found here

A

402.302

96
Q

ACTIVITY 1 QUESTION #19: a licensed child care facility must allow inspection of its facilities, personnel, and records

A

402.311

97
Q

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

A

402.316

98
Q

ACTIVITY 1 QUESTION #21: every child are facility in the state must have an annual license

A

402.306

99
Q

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

A

402.305

Child Care Facility Part 1 - Child Care Facility Rules and Regulations (FACR) (5 decks)

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