65A-4.203. Personal Care of a Disabled Family Member

(1) Family Member. A family member is any individual related to any member of the assistance group by blood or marriage. The disabled family member must reside in the home with the caregiver. The family member with the disability can be a child or any adult member of the family, whether or not this person is a Temporary Cash Assistance (TCA) recipient.

(2) Disability. In order for an individual to receive an exemption to program time limits due to their responsibility to care for a disabled family member, the disability must be verified. Acceptable verification is:

(a) The family member’s receipt of temporary or permanent disability benefits issued by a government or private source,

(b) A statement by a physician or licensed or certified psychologist certifying the family member is disabled, or

(c) Completion by a physician of Part B of the Statement of the Need for Care, CF-ES 2094, 06/2009, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16457. The following non-English versions of the Statement of the Need for Care are incorporated by reference: CF-ES 2094H (Creole), 06/2009, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16458, and CF-ES 2094S (Spanish), 06/2009, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16459.

(3) Need for Personal Care. The disabled family member must require the physical presence of the individual to provide care, supervision, or arrange services. Personal care of the family member includes the provision of daily care services, supervision of care, and transportation. Verification of the family member’s need for personal care must be provided verbally for individuals whose disability has already been verified or in writing by completing Part A of the CF-ES 2094. Any of the following will also be accepted as verification of disability and the need for personal care:

(a) Receipt of hospice services;

(b) Receipt of Home and Community Based Services’ waiver assistance;

(c) Receipt of Home Care for the Elderly or Home Care for Disabled Adults;

(d) A statement by a physician licensed under Chapter 458 or 459, F.S., which includes a diagnosis of disability necessitating care and a prognosis estimating the length of the disability;

(e) A Comprehensive Assessment and Review for Long-Term Care Services disability approval prepared by Department of Elder Affairs’ staff;

(f) A Multi-Handicapped Assessment Team evaluation from Department of Health, Children’s Medical Services’ staff;

(g) Receipt of Multiple Disciplinary Development Services, or

(h) Verification by a children’s mental health or substance abuse provider certifying that a child meets the criteria for serious emotional disturbance or psychoactive substance use disorder, and a statement by a licensed psychiatrist indicating the need for care or supervision of the child that includes a DSM-V diagnosis, recommended treatment for the child and caregiver, and prognosis indicating the estimated length of time care is needed.

(4) Alternative Care. The caregiver must indicate a lack of alternative care in both the local community and from other family members verbally for individuals whose disability has already been verified or in writing by completing Part A of the CF-ES 2094. Alternative care might not be available because the service to meet a specific need does not exist in the community or the cost of the service is prohibitive.

(5) Co-existing Conditions. Each of the conditions detailed in subsections (2) through (4), above, must exist in order for an exemption from temporary cash assistance time limits due to the provision of care for a disabled family member to be granted.

(6) Welfare Transition Employment and Training. Care of a family member with a disability is an exemption from work activity requirements. Individuals meeting the criteria for an exemption from the time limits are not required to work register.

(7) Two Parent Families. When two or more able-bodied parents live in the household with the disabled family member, only one parent will be allowed an exemption to program time limits due to responsibility for care of a disabled family member.

(8) Periodic Evaluation of Exemption. The exemption from time limits will be reevaluated annually for TCA.

Rulemaking Authority 414.45, 414.065(4)(g) FS. Law Implemented 414.065, 414.105(9) FS. History–New 4-27-99, Amended 9-3-07, 9-21-09, 3-13-24.