65C-28.008. Relative Caregiver Program Requirements

(1) In order for a relative to receive a monthly Relative Caregiver Program (RCP) payment or a nonrelative caregiver to receive financial assistance (NCFA), the requirements of Section 39.5085, F.S., shall be met.

(2) Relative Caregiver Program Payments.

(a) A Unified Home Study completed by a case manager with the lead agency or subcontractor assigned to the geographical area where the child and caregiver reside shall be completed in accordance with Section 39.521(2)(o), F.S. In regard to a child in a permanent guardianship or a permanent placement with a fit and willing relative, if a Unified Home Study has already been completed on the placement, another Unified Home Study is not required.

(b) The child shall be adjudicated dependent and be in the court-ordered temporary legal custody of the relative pursuant to Section 39.521, F.S., or in the court-ordered permanent guardianship or permanent placement with a fit and willing relative pursuant to Section 39.6221 or 39.6231, F.S.

(c) The child shall live in an approved home of an adult relative who meets a specified degree of relationship to the parent or stepparent of the child by blood or marriage. If the parent or stepparent of the child is not related to the caregiver or is not within the required degree of relationship to the parent or stepparent of the child, the child must be a half-sibling of another child who is related to the caregiver and both children shall have been court ordered into the same placement.

1. Half-sibling eligibility for RCP payment shall meet the following requirements:

a. A child who is not related to the caregiver is eligible for RCP payment as long as their half-sibling is related to the caregiver and remains in the court-ordered custody of the caregiver.

b. When the half-sibling who is related to the caregiver becomes 18 years of age or leaves the legal custody of the caregiver for any reason, the half-sibling who is unrelated to the caregiver loses eligibility for continued RCP payment.

2. Termination of marriage for the parent or other relatives affects eligibility for RCP payment as follows:

a. The termination of the marriage of a stepparent from the parent due to death or divorce shall not disqualify relatives of the former stepparent as eligible caregivers if the relatives are within the required degree of relationship to the former stepparent. The former stepparent shall be considered to be within the required degree of relationship to the parent and shall be eligible for the RCP payment if all other eligibility factors are met.

b. The termination of the marriage of a non-blood relative to a blood relative due to death or divorce shall not disqualify the non-blood relative as an eligible caregiver if the blood relative to whom he or she was married is within the required degree of relationship to the blood relative, or if the non-blood relative was within the required degree of relationship to the blood relative prior to the non-blood relative’s death.

(d) The child shall not live in a home where either parent or stepparent resides. If the parent is in the home 30 consecutive days or longer, the child’s eligibility for the RCP payment ends.

(e) The child shall reside in the state of Florida. Children who move out-of-state or are placed out-of-state with a relative caregiver are not eligible for a RCP payment. A child placed with a relative in Florida by another state is not eligible for the RCP payment.

(f) Failure by the relative caregiver to cooperate with the Child Support Enforcement Program in regard to a child shall terminate that child’s eligibility to receive the RCP payment while in that placement. If the child is not eligible due to the relative caregiver’s lack of cooperation:

1. The child remains eligible for Medicaid and other services necessary to ensure his or her safety and well-being.

2. Eligibility for the RCP payment for other children in the same placement is not affected if the relative caregiver is cooperating with the Child Support Enforcement Program in regard to those children.

(g) Once all of the preceding eligibility requirements in this section are met, the eligibility requirements of the temporary cash assistance programs in Chapters 65A-1 and 65A-4, F.A.C., applicable to “child only cases” in the Temporary Cash Assistance Program (TCA) shall be met, with the following exceptions:

1. The basic monthly payment schedule (not including Medicaid, family support services, flexible funds utilized in accordance with Section 409.165, F.S., subsidized child-care and other services available through the Department or contracted service provider or other local, state or federal programs), is based on the age of the child.

2. The monthly amount of the payment for the initial six (6) months, before any deductions for income of the child, shall be at a rate equal to the rate established in Section 409.145(3), F.S., pursuant to Section 39.5085(2)(d)2., F.S.

3. Pursuant to Sections 39.5085(2)(d)3. and 4., F.S., the subsequent monthly amount of payment, before any deductions for income of the child, shall be:

a. Age zero (0) through five (5) years – $242.

b. Age six (6) through 12 years – $249.

c. Age 13 to 18 years – $298.

4. Financial eligibility is based on a comparison of the income of the child to the benefit payment standard for the child’s age. The difference between the RCP payment standard for the child’s age and the income of the child is the amount of the payment; and,

5. Each child applying for or receiving the RCP payment is a filing unit of one and only the child’s income and assets are considered in establishing or maintaining eligibility. In this regard, a child receiving a Supplemental Security Income grant is ineligible for an RCP payment.

(h) When a relative caregiver is approved as a guardian pursuant to Section 39.6221 or 39.6231, or Chapter 744, F.S., after an adjudication of dependency, completion of a Unified Home Study and placement by the court with the relative, continuing eligibility for the RCP payment shall not be affected.

(i) A child receiving an RCP payment shall not simultaneously receive a TCA grant, except when timely action has not been taken by the Department or a contracted service provider to convert a payment from TCA to RCP. When converting from TCA to RCP, the ESS case will be processed as a change and the payment will be effective the next recurring month. No auxiliaries to restore lost RCP payments may be issued without approval of the circuit/region ESS Program Office.

1. Restoration of RCP benefits must be issued when:

a. An application for RCP payment has been denied in error, or

b. A TCA payment is not terminated timely (the next recurring month) following the establishment of all RCP eligibility requirements. This includes delays by the lead agency or subcontractor assigned following a determination of potential placement eligibility in accordance with Section 39.5085, F.S., to timely communicate the potential placement eligibility within five (5) calendar days of making this determination.

2. A child may not be included in a TCA assistance group and receive full RCP payments in the same month. Any auxiliaries approved for the restoration of RCP payments for months in which the child received TCA payments shall only be authorized for the difference between the amount of the TCA payment and the amount of the RCP payment during the affected months.

(j) The following changes in an active services case of a child in the RCP program may impact eligibility and/or the RCP payment:

1. The child is adopted,

2. The child’s age changes, resulting in a change to a new age group,

3. The child leaves the relative caregiver’s household,

4. The child has an increase or decrease in unearned income, or

5. The parent or stepparent resides in the relative caregiver’s household for over 30 consecutive days.

6. The child moves from the state of Florida, or

7. The relative caregiver becomes licensed as a foster placement.

(k) Relative caregivers apply for TCA or RCP benefits through the ESS program.

(l) When supervision of a child has been terminated due to court ordered custody of the child under Section 39.6221 or 39.6231, F.S., any documentation required for the relative or child to receive services needed in support of the placement shall be provided by the Department of contracted service provider.

(m) When a relative or nonrelative caregiver has been approved as a permanent guardian pursuant to Section 39.6221, F.S. , and wants to apply for relative or nonrelative caregiver funds after the case has closed, court ordered supervision does not need to be reinstated for the approval of an application.

(3) Nonrelative Caregiver Financial Assistance (NCFA).

(a) Eligibility Requirements.

1. NCFA is available to nonrelative caregivers who would be unable to serve as a caregiver without financial assistance.

a. Persons outside the fifth degree by blood or marriage to the parent or stepparent of a child are eligible to receive NCFA provided all other eligibility requirements are met. This does not include the stepparent or a former stepparent of the child.

b. Nonrelative caregivers who receive Supplement Security Income (SSI) on the behalf of the child shall not be eligible to receive NCFA.

c. Nonrelative caregivers who receive Social Security Disability Insurance (SSDI) or Social Security Survivor Benefits on the behalf of the child in an amount less than the monthly payments for NCFA, as set forth in paragraph (3)(d) of this rule, shall be eligible to receive NCFA. The amount of the monthly NCFA payment shall be the difference between the monthly NCFA payment set forth in paragraph (3)(d) of this rule, and the amount of the child’s SSDI or Social Security Survivor Benefit.

2. To be eligible for NCFA, the nonrelative caregiver must have the following:

a. A completed Unified Home Study which includes the requirements set forth in Section 39.521(2)(o), F.S.,

b. A court order adjudicating the child dependent,

c. A court order placing the child in the care and custody of the nonrelative caregiver and finding that the placement is in the best interest of the child; and,

d. A signed statement by the nonrelative caregiver expressing financial need to continue to care for the child long term.

3. A nonrelative may receive the NCFA payment for a minor parent who is in his or her care, and for that minor parent’s child, if both children have been adjudicated dependent and meet all other eligibility requirements. The minor parent may not receive a TCA payment for him or herself and his or her child while the nonrelative receives the NCFA payment for either or both of them. If the minor parent applies for TCA for him or herself and his or her minor child, the NCFA payment must be terminated.

4. A child who is eligible for a Relative Caregiver payment based on his or her placement with a half-sibling who is related to the caregiver is not eligible for NCFA.

5. Eligibility for NCFA shall be reassessed annually by reviewing the eligibility criteria in paragraph (3)(a) of this rule.

(b) Application.

1. Nonrelative caregivers seeking financial assistance must complete an “Application for Nonrelative Caregiver Financial Assistance,” CF-FSP 5398, (April 2023), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15340.

2. The nonrelative caregiver must sign the financial attestation portion of the application to indicate his or her financial need for assistance to care for the child on a long term basis.

(c) Notification.

1. The Nonrelative Caregiver Payment Administrator shall review the application, conduct the eligibility reassessment, and send a completed “Notice of Action,” CF-FSP 5399, June 2018, incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09989, to the nonrelative caregiver through email, if available, or by regular U.S. mail within five (5) business days of receipt of the application.

2. The Notice of Action shall indicate whether the application was approved or denied, and if the application was denied, the reason for the denial and the nonrelative caregiver’s right to appeal.

(d) Payment.

1. The monthly amount of the payment for the initial six (6) months, before any deductions for income of the child, shall be at a rate equal to the rate established in Section 409.145(3), F.S.,  pursuant to Section 39.5085(2)(d)2., F.S.

2. Pursuant to Sections 39.5085(2)(d)3. and 4., F.S., the subsequent monthly amount of payment, before any deductions for income of the child, shall be:

a. Age zero (0) through five (5) years – $242.

b. Age six (6) through 12 years – $249.

c. Age 13 to 18 years – $298.

3. Payments shall be made using a pro-rated daily amount for the days the child resided in the nonrelative caregiver’s home during the calendar month.

4. Payments shall be issued one (1) month in arrears.

5. Nonrelative caregivers are eligible to receive payments effective the day all eligibility requirements specified in the Application for Nonrelative Caregiver Financial Assistance, CF-FSP 5398, incorporated in subparagraph (3)(b)1. of this rule, were met or the day the nonrelative caregiver applied, whichever is later.

6. When a child’s absence from the home requires a placement change in the child welfare information system (e.g. placement for treatment services), but the child remains in the care and custody of the nonrelative caregiver, financial assistance payments will be suspended for up to 60 days. If the child remains absent from the home on the 61st day, financial assistance payments will be terminated.

7. The nonrelative caregiver must notify the Nonrelative Caregiver Payment Administrator if the child’s placement changes or if there is a change in the nonrelative caregiver’s ability to care for the child in his or her home.

8. Contingent upon continued availability of funding and continued eligibility, nonrelative caregiver financial assistance payments shall continue until:

a. The child reaches age 18,

b. The child is adopted,

c. The child is no longer placed in the home of the nonrelative caregiver,

d. The child has an increase or decrease in unearned income, or

e. The child moves from the state of Florida, or

f. The nonrelative caregiver becomes licensed as a foster placement.

9. When a payment ends due to lack of funding or a disqualifying event as listed in sub-subparagraphs (3)(d)8.a.-e. of this rule, the Nonrelative Caregiver Payment Administrator shall complete a Notice of Action, CF-FSP 5399, incorporated in subparagraph (3)(c)1. of this rule, indicating the reason for the termination of payments. The Nonrelative Caregiver Payment Administrator shall send the completed Notice of Action to the nonrelative caregiver via e-mail, U.S. mail, or similar service within 30 days of receiving the notice of change.

Rulemaking Authority 39.012, 39.0121, 39.5085(2)(a) FS. Law Implemented 39.5085 FS. History–New 5-4-06, Amended 4-27-15, 8-22-16, 9-3-18, 11-11-18, Amended 9-22-21, 5-23-23.