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County of Volusia
Children and Families Advisory Board
Minutes of the October 14, 2003 Meeting- 5:00 pm
Kelly Administration Building
123 West Indiana Avenue
Deland, Florida
386-943-7039

Call to Order 5:00 pm

Attendance

Quorum: Yes

Minutes: Motion made by Dr. Henry Martin and seconded by Marisa Shirley to approve minutes of September 15 and September 22, 2003.

Correspondence: League of Women Voters, Lynne LaBombard CCRN, Hersha Larson, Barbara Augustine, State Representative Suzanne M. Kosmas, Linda Ferguson, Amanda Ferguson, Amanda Ferguson, DeeDee Bechtol, Mary Derr, League of Woman Voters, and Daphane Wilkins.

Old Business: Chair reviewed statistics regarding public participation, which included correspondence. In favor of licensure 18, opposed to licensure 42, and 3 no opinion or undecided. Chair also reviewed topics of concern.

Public Participation: Summer Clayton, League of Women Voters, in favor of licensure, Judy Wheeler, registered provider opposed to licensure, Hersha Larson, registered provider opposed to licensure, Lynne LaBombard of CCRN, in favor of licensure, Mary Derr, League of Women Voters, in favor of licensure.

Advisory Board Participation: Board proceeded with asking clarifying questions to lead agencies.

Marisa Shirley requested clarification regarding inspection of septic tanks. Paul Minshew of the Health Department stated that septic tank inspection is required only for new homes requesting licensure. Providers that are currently registered, but apply to be licensed would need septic tank inspection. Currently registered homes are not required to have an inspection. Mary Lou Mirino expressed concern that older homes may not pass inspection. Mr. Minshew stated that those homes could apply for a waiver, however, they may be limited as to the number of children they could keep, based upon the size of the septic system. Lynne LaBombard of CCRN clarified that if you are operating a business in Volusia County and IF you have changed the flow in your home, whether you are registered or licensed, you must have a septic inspection if the Health Department enforces this rule. Mr. Minshew agreed. Dr. Martin stated that a registered provider, with the same amount of children, had their registration changed, because of the new inspection, did not allow her to maintain the same number of children she had previously. There was no increase of flow. Pete Ayala, a Family Child Care Consultant with CCRN clarified that this provider was initially licensed, went to registered, and wants to become licensed again. She was told her septic was too old. Her costs would be approximately $4,000 to $5,000 therefore she is restricted in the amount of children she can have. Paul Minshew stated the Health Department has no way of knowing the registered providers unless they are requesting to be licensed. A licensed home does have septic inspections. There are currently 47 registered providers who have septic systems. If the Health Department enforces the current rule, meaning provider is operating a business and the flow has increased in the home, an inspection is required. Based upon the results of the inspection, the number of children permitted in the home could be reduced. Paul Minshew stated that the problem has been enforcement since currently there is no license. There is a process that the Health Department has to get a waiver. Therefore, it was concluded that if licensure were mandated, the 47 registered providers would request a septic tank inspection. If there were findings, the provider would continue with the waiver process so capacity could be determined. The provider could also apply to the State for a variance to increase their capacity or reduce the number of children or install a larger system. Alice Johnson inquired as to how capacity is determined for children under the age of 2. Paul stated there is a state guideline. Mary Bruno concluded that septic systems need to be inspected initially and providers on a well would require quarterly inspections with water samples. Paul Minshew stated that currently only licensed homes are inspected, unless there is failure, such as raw sewage on the ground. Karen Bourbonnias asked if the requirements are the same for day care centers and concluded that day care centers are under more stringent guidelines. There are five providers on well systems. Dr. Martin questioned the cost to the providers of the septic tank waiver. Paul stated approximately $250.00. It was determined that there is a process issue between CCRN and the Health Department regarding what providers must have a septic tank inspection.

Mary Bruno questioned Skeeter Surguine from Department of Children and Families, regarding the financial impact in contract dollars, if all providers must be inspected. Licensed providers are inspected twice a year and registered homes currently have no inspection. If registered homes to go licensed, extra inspections would be required. DCF would work out the process with CCRN. CCRN is currently performing four inspections a year. With implementation of mandatory licensure inspections would be reduced to three. Currently DCF has two contracts with CCRN, one for licensure and one for registration. If the County mandated licensure, the funding for registration could be combined. Current contracts total approximately $80,000.

Pete Tucker of the Fire Department stated fire inspection is based on number of children in the home. If number of children is over 5, whether provider is licensed or registered, there must be an annual fire inspection. Mr. Tucker stated that in new homes code requires interconnecting smoke detectors. Alice Johnson asked DCF if funding were reduced, how would inspections be performed? Regardless of the budget the responsibility still falls to the state. If the County mandates licensure and does not designate an agent, the responsibility defaults to the state. The state would have two options (1) DCF can add personnel to perform inspections, however the number of employees in the State of Florida is regulated by the Legislature. (2) DCF contracts for services. If the County designates an agent, the County would be required to pay 75% of the costs. In addition to licensed homes, it would add all day care centers as well. Mr. Tucker of the Fire Department clarified that, in homes where there are five children or less, no fire inspections are conducted. Lynne LaBombard of CCRN stated that currently all licenses are issued for a minimum of ten children.

A petition to the County of Volusia was presented to the Board requesting the County to enact an ordinance requiring all family child facilities be licensed. Dr. Martin made a motion that petition added to the minutes, each signature being counted as someone who addressed the board. Motion seconded by Marisa Shirley. Lynne LaBombard of CCRN stated that Tammy Schaefer, a licensed provider, generated the petition. Alice Johnson expressed concern over the fact that registered providers did not have the same opportunity to provide a petition and we should not count something that we were not sure of the origin of the document. Mr. Williams stated that it is not inappropriate to accept petitions and include it as part of the meeting minutes. However, the Board needs to decide if they want to assign the same weight to the petition as the participants at the public meetings. Mrs. Bruno stated that it is the Board’s intent to weigh the advantages and disadvantages of mandatory licensure and not just tally opposed and in favor. Motion tied 4-4. Maria Augustine made a motion that the petition be added to the minutes. Motion seconded by Mary Lou Mirino. Motion passed 5-3.

Karen Bourbonnais requested Chair take a vote on mandatory licensure. Mary Bruno asked each Board member to state their position. Karen Bourbonnais opposed; Dr. Martin in favor; Alice Johnson opposed; Mary Lou Mirino opposed; Mary Bruno in favor; Maria Augustine in favor; Kymberly Cook opposed; Marissa Shirley in favor.

Alice Johnson made a motion to postpone making a decision until March and provide an interim report to the County Council requesting additional time to gather more information This would give agencies time to work out issues that have come to light during this process, in addition to assess the impact of re-organizational changes occurring at DCF and School Readiness. Motion was seconded by Dr. Martin. Motion passed.

Chair expressed appreciation to all participants.

Adjourned: 6:50 pm

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