65C-17.002. Definitions

For purposes of this rule, the following definitions contained within the Master Trust Declaration shall apply:

(1) “Account” means the client beneficiary’s trust account within the Master Trust.

(2) “Child support” means either a court-ordered obligation, enforced under Chapter 61 and Sections 409.2551-.2557, F.S., or a court-ordered or voluntary contribution paid directly to the child’s current needs trust account pursuant to Section 402.17(2)(a), F.S., for monetary support for the care, maintenance, training, and education of a child. For purposes of this rule chapter, child support does not include benefit payments such as Supplemental Security Income, Social Security, Veterans’ Administration, or other benefits which do not require a court order for collection.

(3) “Current needs” of a client beneficiary means:

(a) The cost of providing the particular residential services being utilized by the client, as determined by the department in accordance with the procedures established in Chapter 65-6, Florida Administrative Code (F.A.C.);

(b) Expenses for medical, psychological, psychiatric, or dental treatment which cannot, after reasonably diligent search or inquiry, be provided from other sources, including Medicaid;

(c) Personal comfort items or expenses including clothing, radio, television, tape player, alarm clock, books, art supplies, sports equipment, and special activity fees.

(d) Transportation (mass transit, cab or carpool) to and from work, school or other activities;

(e) Other expenses approved in writing by the district administrator or designee, or facility administrator or designee.

(4) “Family Safety program client beneficiary class” includes those clients under the age of 18 (or 18 to 23 if enrolled in a full-time educational program under Section 409.145(3), F.S., although not in the custody of the department) who are, or who are considered to be, in the legal custody, care or control of the department, and who have received, or will receive, money and tangible or intangible property for their sole use and benefit from any other person or entity that is placed in the possession or control of the department and for whom a separate trust for such individual does not exist, and who are or who become program clients:

(a) As the result of a dependency proceeding under Chapter 39, F.S.

(b) Because they require foster or other substitute care, whether on a short or long-term basis, or are placed in independent living arrangements, as provided under Chapter 39, 393, 394, 409 or 415, F.S.;

(c) Because they have been placed in the legal custody of the department following the termination of parental rights as to that individual, as provided under Chapter 39 or 409, F.S., and who will not be placed with a relative or other individual for adoption;

(d) Because they are awaiting adoption under Chapter 63, F.S., or placement with a relative or other individual in foster care under Chapter 39, 409, or 415, F.S.;

(e) Because they have a developmental disability, a physical or mental illness, or some other physical or mental incapacity, as defined under Chapter 393, 394, or 409, F.S., and Social Security Act Title XVI requirements, or

(f) Because they come into the legal custody, care, or control of the program for any other reason.

(5) “Fee waiver” means a reduction or deferment of assessed fees pursuant to the procedures established in this chapter and in Rule 65-6.022, F.A.C. Any child who is in the custody, care and control of the department in foster care pursuant to Chapter 39, F.S., is eligible to apply for a fee waiver.

(6) “Foster care allowance” means a monthly stipend which is included in the foster care board payment sent to the foster parent for the personal needs of each foster child living in the home. See Section 402.33(3), F.S. A child is eligible to apply for a change in the allowance through the fee waiver review process established in Rule 65C-17.005, F.A.C.

(7) “Long-term needs” of a Master Trust client beneficiary shall be defined to include the following:

(a) Educational or vocational needs including educational testing, vocational aptitude testing and counseling; therapy; remedial tutoring or classes; tuition, fees, books and supplies for school or training; equipment, tools, uniforms or other special clothing, and safety equipment to do a job; supported employment services, including payments for a job coach; attendant care or child care expenses; prepaid college tuition insurance plan;

(b) Independent living expenses including security, telephone and utilities deposits for an apartment; furniture; driver or chauffeur license fee;

(c) Other expenses approved in writing by the district administrator or designee, or facility administrator or designee.

(8) “Master Trust” means, as the context requires, either the Master Trust Declaration, or the designated client trust accounts or subaccounts created within the Master Trust. In all instances, neither the client, the client’s family, nor the client’s assistance group have any power or authority to alter, modify, change, amend or revoke the Master Trust Declaration as a whole, or as applied to that client’s trust account, or any subaccount(s). The money or property placed in the trust account, or any subaccount, of the client is not available to the client’s family or assistance group for their current needs. The department, as representative payee, shall have access to revocable subaccounts that are created for the benefit of clients who receive Supplemental Security Income benefits or Social Security Act Title II benefits. Funds for the client’s current needs will be disbursed by the department, as Trustee, within the context of Sections 402.17 and 402.33, F.S. As to a particular client’s account or subaccount(s), the Master Trust terminates when the client is no longer a client of the department.

(9) “Personal Allowance” means an amount (in addition to the monthly foster care allowance – See definition (6) above) set aside from a child’s Social Security Administration Title II (SSA), Supplemental Security Income (SSI), Veterans’ (VA) or other federal benefit payment for the child’s personal needs before any amounts are applied to the cost of care. See Section 402.33(3), F.S.; Rule 65-6.018, F.A.C. For children in foster care receiving a federal benefit payment, the amount set aside shall be no less than $15.00 per month. The child is eligible to apply for a change in the monthly allowance through the fee waiver review process. The personal allowance, as well as any other portion of the benefit payment not deducted for cost of care, shall be placed in the child’s current needs trust account and shall be available to the child at all times. Pursuant to Section 402.17, F.S., the department is authorized to transfer funds to an account for the long-term and other needs of the child if the amount in the current needs account accumulates to the extent that it endangers the child’s eligibility for benefits (the eligibility limit is $2,000). The personal allowance shall be used to obtain clothing, recreational needs or activities, therapeutic equipment, transportation, and other personal and comfort items for the child. If a child has other special needs which cannot be provided by the department, another local, state or federal source, or from the child’s family members or other responsible party, the fee waiver process established in Rule 65C-17.005, F.A.C., shall be used to document the necessity of providing the essential item to the child.

(10) “Plan for Achieving Self-Support (PASS)” means a plan submitted to and approved by the Social Security Administration, for a substitute care client who receives Supplemental Security Income (SSI) to enhance the client’s self-sufficiency or independent living skills and goals.

(11) “Plan for Achieving Self-Support (Non-Disabled) (PASS-ND)” means a plan established through the department for a substitute care client who receives benefits or income other than through SSI to enhance the client’s self-sufficiency or independent living skills and goals. A PASS-ND plan need not be submitted to or approved by the Social Security Administration.

(12) “Subaccount” refers to one or more of the subaccounts that may be established within the client’s trust account within the Master Trust. The subaccounts which are currently authorized under the Master Trust Declaration include the current needs subaccount, the long-term needs subaccount, the disabled special needs subaccount(s), the Medicaid income trust subaccount, and the self-sufficiency-independent living plan subaccount.

(13) “Subsidized independent living” means a program in which a minor 16 years of age or older lives independent of the daily care and supervision of a responsible adult, in a setting that need not be licensed, pursuant to the provisions of Section 409.165(4)(b), F.S. In addition to the subsidized independent living program, the department provides other services, such as independent living skills training, to foster children age 15 and older.

Specific Authority 402.17(1)(a)9. (1996 Supp.), 402.33(2), (7)(a) FS. Law Implemented 402.17, 402.17(2)(c) (1996 Supp.) FS. History–New 4-6-99, Amended 5-18-03.