65C-16.0131. Determination of Extension of Maintenance Subsidy Payments

(1) The purpose of the Extension of Maintenance Adoption Subsidy is to make available to prospective adoptive parents financial aid that would enable them to adopt a difficult-to-place child who is 16 or 17 years of age. Every adoptive family adopting a child at the age of 16 or 17 must be advised of the availability of Extension of Maintenance Adoption Subsidy and the purpose for which it is intended.

(2) Extension of Maintenance Adoption Subsidy payments may be made until the young adult reaches age 21, if the child is engaged in one of the qualifying activities specified in Section 409.166(4)(d), F.S.

(3) The young adult and the family’s need for subsidy must be determined prior to the young adult’s 18th birthday and no subsidy payment will be made until after the young adult turns 18 years old and all parties have signed the “Extension of Maintenance Adoption Assistance Agreement Between the Department of Children and Families, Young Adult And Adoptive Parents Regarding Subsidy Payments and Services,” CF-FSP 5433, (October 2022), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14820.

(a) If the Department or community-based care (CBC) agency was responsible for the placement and care of the young adult, the CBC agency in the county where the court had jurisdiction is responsible for entering into the Extension of Maintenance Adoption Assistance Agreement and paying the Extension of Maintenance Adoption Subsidy, even if the young adult and family lives in another county.

(b) If the Department or CBC agency was not responsible for the placement and care of the young adult at the time of adoption, the CBC agency in the adoptive parents’ county of residence is responsible for determining whether the young adult meets the requirements to receive the Extension of Maintenance Adoption Subsidy, must enter into the Extension of Maintenance Adoption Agreement and pay the Extension of Maintenance Adoption Subsidy.

(c) When the need for the Extension of Maintenance Adoption Subsidy is not determined prior to the child’s 18th birthday and the adoptive parents feel they have been wrongly denied the subsidy benefits on behalf of an adopted child, they have the right to appeal the denial pursuant to Chapter 120, F.S. If it is found that the subsidy was wrongly denied, retroactive payment will be made dating back to the date the family requested the subsidy in writing.

(4) Medical and/or mental health evaluations shall be required to document the need for an enhancement to the Extension of Maintenance Adoption Subsidy that exceeds the statewide standard foster care board rate and the young adult’s initial subsidy amount. Medical and/or mental health evaluations must be no more than 12 months old.

(5) The CBC or subcontractor agency adoption staff shall inform the adoptive parent(s) that the Extension of Maintenance Adoption Subsidy, unlike foster care board rate payments, is not intended to cover the complete cost of the young adult’s care. The Extension of Maintenance Adoption payment is intended to be a continuation in assisting the adoptive parent with the extra costs associated with supporting the young adult who is considered difficult-to-place.

(6) The determination of the monthly Extension of Maintenance Adoption Subsidy is based on the needs of the young adult at the time of the negotiation and the projected future needs of the young adult based on the family and medical history of the young adult and birth family or, for adoptions finalized on or after January 1, 2019, as stated in Section 409.166(4), F.S.

(7) An Extension of Maintenance Adoption Subsidy may be negotiated up to 100% of the statewide Level II – Level V board rate. A subsidy may exceed 100% of the statewide Level II – Level V board rate only when an exception is granted by the Department and documented on the “Maintenance Adoption Subsidy Approval” form CF-FSP 5077, August 2018, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13407. Requests for exceptions must be in writing. In determining whether to grant an exception, the Department shall consider the medical, behavioral, and therapeutic needs of the young adult at the time of the negotiation, as well as the projected long-term needs of the young adult based on the mental health, substance use and/or misuse, and medical history of the young adult and birth family. In no case shall the subsidy exceed the foster care maintenance payment for which the young adult is or would be eligible if the young adult had been placed in a Level II – Level V family foster home. The Extension of Maintenance Adoption Subsidy is not intended to cover services which can be obtained through family insurance, Medicaid, Children’s Medical Services, medical subsidy, or through special education plans provided by the public school district.

(8) The “Extension of Maintenance Adoption Assistance Agreement,” incorporated in subsection (3) of this rule, must be signed and dated by all parties prior to the young adult’s 18th birthday and uploaded into child welfare information system in the file cabinet located in the post adoption case. The effective date of the agreement is the date the young adult turns 18 years old. Payments may not be made for any months in which there is no Extension of Maintenance Adoption Assistance Agreement in place and/or the child is not participating in a qualifying activity.

(9) The child welfare professional shall advise the family that it is their responsibility to notify the Department or CBC of any change in circumstances, including moving out of state, no later than 48 hours after the change.

(10) The Extension of Maintenance Adoption Assistance Agreement remains in effect until whichever of the following occurs first:

(a) The young adult reaches 21 years of age.

(b) The young adult no longer meets one of the qualifying activities specified in Section 409.166(4)(d), F.S.

(c) The young adult elects to no longer participate in the program.

(d) The adoptive parents are no longer providing any support to the young adult, the young adult marries, or the young adult enters the military. Support includes emotional and/or financial support, even in situations when the young adult is no longer living in the home.

(e) The Department discovers the young adult was mistakenly determined eligible for benefits.

(f) The young adult dies.

(g) The adoptive parent(s) die.

(11) If the adoptive parent and young adult have not provided documentation that the young adult is participating in a qualifying activity, the Department or designee must retain the maintenance subsidy payment until such documentation is provided.

(12) The adoptive parent and young adult can re-enter the Extension of Maintenance Adoption Subsidy Program until the youth reaches the age of 21 if they provide documentation to support that the young adult meets one of the qualifying activities pursuant to Section 409.166 (4)(a)-(d), F.S.

(13) Adoptive parents may request an increase in the maintenance adoption subsidy after the Extension of Maintenance Adoption Assistance Agreement was approved due to increased needs of the young adult or a change in the family’s ability to meet the needs of the young adult.

(a) The negotiation of this increase shall be based on the Level II – Level V board rate at the time of the request. Requests for increases must be submitted in writing by the adoptive parents to the CBC that issues the subsidy payment and approval shall be based on the merit of each case.

(b) If the increase request is approved, retroactive payment will be made dating back to the date the family requested the increased subsidy in writing.

(c) If the increase request is denied, the designated Department staff shall send a denial letter with notification of the adoptive parents’ right to appeal the denial pursuant to Chapter 120, F.S. If it is found that the increase was wrongfully denied, the effective date of the new subsidy will be the date the written request for an increased was received. A new Extension of Maintenance Adoption Assistance Agreement must be signed by all parties with the new approved amount documented.

(d) If the young adult is no longer participating in one of the qualified activities pursuant to Sections 409.166(4)(a)-(d), F.S., the designated Department staff shall send a denial letter with notification of the adoptive parents’ right to appeal the denial pursuant to Chapter 120, F.S.

(14) No change shall be made to an Extension of Maintenance Adoption Subsidy without concurrence of the adoptive parents except as provided by federal regulation or state law. The Extension of Maintenance Adoption Assistance Agreement is not transferable to another caregiver.

Rulemaking Authority 409.166(8) FS. Law Implemented 409.166(4) FS. History–New 12-16-18, Amended 8-15-21, 11-7-22, 7-20-23.