60BB-4.400. Required Parent Co-payment (Transferred)

(1) Each family that receives school readiness services shall be assessed a co-payment based on family size and the family’s income, according to the sliding fee scale included in the coalition’s approved school readiness plan.

(a) For protective services in-home placements and out-of-home placements (relative/non-relative/foster placements) in which the child does not receive a TANF “child-only” benefit, relative caregiver payment, or other income:

1. The co-payment shall be assessed against the income of the parent or legal guardian of the child, and shall be court ordered if necessary; or

2. The co-payment may be temporarily reduced to the minimum fee on a case by case basis during an event that limits a parent’s ability to pay, such as:

a. Child’s parents/guardians are in prison;

b. Child’s parents/guardians are in residential treatment;

c. Child’s parents/guardians become incapacitated;

d. Death of child’s parents/guardians;

e. Homeless shelter/living arrangements;

f. Child’s parents/guardians experience a natural disaster (storm, earthquake, etc.);

g. Child’s parents/guardians experience an emergency situation such as a fire or robbery; or

h. Child’s parents/guardians become unemployed.

Each coalition must include a list of such qualifying events in its business plan and outline the procedure for obtaining a co-payment reduction.

(b) For protective services out-of-home placements (relative/non-relative/foster placement) in which the child receives a TANF “child-only” benefit in which the needs of the relative or legal guardian are not included in the grant, or TANF at-risk (Relative Caregiver Program) participants, based upon documentation identifying the child as TANF at-risk or as a TANF “child only” benefit recipient, from the court system or the Department of Children and Families, or its designee:

1. The co-payment shall be assessed against the child’s income and paid by the relative or legal guardian; or

2. The amount of the co-payment may be temporarily reduced to the minimum fee on a case by case basis during an event that limits a parent’s ability to pay, such as:

a. Child’s parents/guardians are in prison;

b. Child’s parents/guardians are in residential treatment;

c. Child’s parents/guardians become incapacitated;

d. Death of child’s parents/guardians;

e. Homeless shelter/living arrangements;

f. Child’s parents/guardians experience a natural disaster (storm, earthquake, etc.);

g. Child’s parents/guardians experience an emergency situation such as a fire or robbery; or

h. Child’s parents/guardians become unemployed.

Each coalition must include a list of such qualifying events in its business plan and outline the procedure for obtaining a co-payment reduction.

(c) A co-payment may be temporarily waived on a case-by-case basis for foster parents and families participating in an at-risk program during an event that limits a parent’s ability to pay, such as:

1. Child’s parents/guardians are in prison;

2. Child’s parents/guardians are in residential treatment;

3. Child’s parents/guardians become incapacitated;

4. Death of child’s parents/guardians;

5. Homeless shelter/living arrangements;

6. Child’s parents/guardians experience a natural disaster (storm, earthquake, etc.);

7. Child’s parents/guardians experience an emergency situation such as a fire or robbery; or

8. Child’s parents/guardians become unemployed.

Each coalition must include a list of such qualifying events in its business plan and outline the procedure for obtaining a co-payment reduction.

(2) A coalition shall adopt a policy that establishes criteria and authorization procedures for fee reduction on a case-by-case basis during the duration of special circumstances set forth in the coalition policy. A special circumstance is any event that temporarily reduces the parent’s ability to pay the required co-payment. The coalition policy must describe the special circumstances that qualify for fee reduction. The duration of the fee reduction shall coincide with the duration of the special circumstances.

(3) A coalition’s sliding fee scale must be set at a level that provides low-income families equal access to the care available to families whose income is high enough not to qualify for financial assistance for school readiness services. To that end, the co-payment for the family of an “economically disadvantaged child”, as defined by Section 411.01(6), F.S., should not exceed 10 percent of the family’s income, regardless of the number of children in care. If the coalition’s proposed sliding fee scale does exceed 10 percent of family income, the coalition must provide justification of how the sliding fee scale meets the federal requirement that the co-payment be affordable, prior to approval of the proposed sliding fee scale by the Office of Early Learning.

(4) Prior to a child’s enrollment, the person determining eligibility shall inform the parent and the school readiness service provider of the co-payment to be paid by the parent and that additional fees which are charged by the provider may apply. Amount of co-payment shall be in effect for the family’s 12-month eligibility period, unless:

(a) Redetermination is conducted during the year pursuant to Rule 60BB-4.209, F.A.C.; or

(b) The caretaker parent or legal guardian requests, and is granted, a reduction in co-payment due to special circumstances; or

(c) An incorrect co-payment was assessed by the eligibility determiner as a result of an error of the eligibility determiner, program participant error, or program participant fraud, resulting in corrective action to reduce or increase the family’s co-payment; or

(d) If there is any change in marital status, employment status, income or family size.

1. The coalition or its designee shall not take action to recover a reimbursement rate overpayment caused by an incorrect co-payment due to an error of the coalition or its designee.

2. A reimbursement rate overpayment caused by an incorrect co-payment which resulted from program participant error or program participant fraud shall be recovered by the coalition or its designee.

Specific Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d)4.a. FS. History–New 2-2-05.