65C-17.004. Criteria

Any determination as to whether funds should be transferred to a different subaccount for the client, or whether, subject to availability of funding, a fee waiver or change in allowance should be granted shall be made by utilizing the following criteria to balance current and long-term needs of Family Safety and Preservation program Master Trust client beneficiaries:

(1) Expressed preferences of the client previously made known to the caseworker and documented in a PASS, PASS-ND, Independent Living or other case plan. The department caseworker shall work with each client who is completing a PASS or PASS-ND plan.

(2) Age of the client. Although PASS and the Independent Living program are primarily geared toward clients age 15 and older, younger children are eligible for a fee waiver or change in allowance in order to obtain goods or services linked to goals in the case plan. For example, a young child may exhibit special talents or abilities which would be enhanced by specialized training, classes, or equipment.

(3) Health status and needs of the client. Children who are confined to bed or who have limited mobility benefit from in-home physical therapy, tutoring, visual aids such as television or video cassette recordings, or a specially adapted computer or wheelchair.

(4) Status of the case (such as goal of reunification, long-term substitute care, or independent living). If the goal is reunification, care must be taken to monitor subaccount balances to avoid making the child or family ineligible for benefits when the child returns home. If the goal is long-term substitute care, quality-of-life considerations become more critical. When independent living is the case goal, educational and vocational needs, as well as sufficient funds for such needs as an apartment and transportation become primary.

(5) Amount and duration of benefits, including the amount of money currently available to the child as a personal allowance in his master trust account. If benefits terminate at age 18 (such as Social Security Act Title II benefits) future needs (such as those enunciated in a PASS-ND, subsidized independent living or other case plan) shall be a priority in terms of the amount of money set aside as savings for the child. If a fee waiver is being requested, the child’s own resources shall be considered in the determination of whether to grant the waiver. However, absence of personal resources shall not make the child ineligible to apply for a fee waiver.

(6) Other resources reasonably available to the client such as voluntary or court-ordered child support paid into the child’s current needs account, or other family or community support. A fee waiver shall not be used to purchase goods or services for which the client is eligible from community agencies or other federal and state programs, unless such goods or services are shown to be unavailable.

(7) If a fee waiver is contemplated, the duration of the proposed waiver. A fee waiver shall be subject to availability of funding and shall normally be limited to a sum certain; for example, $250 security deposit plus $100 utilities deposit for a total fee waiver of $350.

(8) Relationship of the proposed transfer or fee waiver to the client’s PASS, PASS-ND, Independent Living or other case plan. The proposed transfer or fee waiver must be directly related to the goal(s) in the plan in one or more of the following ways:

(a) The client’s interests and abilities in relation to the goals expressed in the plan need to be assessed in order to determine if the goals are realistic;

(b) The client’s vocational assessment supports the goals, but the client needs remedial tutoring or classes in specified areas, along with books, supplies or transportation;

(c) As shown by the client’s vocational assessment or academic record, remedial classes are not necessary, but the client needs funding for such things as tuition, fees, books, supplies, supported employment services, attendant or child care expenses, equipment, tools, or uniforms for school, training or to do a job.

(d) The client’s academic record, interests, and motivation clearly support the client’s college potential and justify funding of a prepaid college tuition plan.

(e) The client’s independent living plan includes realistic and practical means for continuing to finance an apartment and other living expenses. In this regard, a fee waiver or change in allowance can be granted to enable the child to accumulate savings as part of the articulated plan for the child’s use upon discharge from foster care.

(9) If the child is applying for an increased personal or foster care allowance, he or she must be able to demonstrate either that his or her necessary expenses are greater than the current foster care or personal allowance or that he or she is incurring increased expenses for clothing, recreational needs or activities, transportation, or other expenses related to the child’s age, current activities and interests (for example, expenses related to sports activities). Approval of requests for increased allowance are subject to availability of funding.

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.