65C-41.005. Termination from Program

(1) A young adult shall be given notice of termination from the extended foster care program when the young adult fails to participate in a qualifying activity or fails to reside in an approved living arrangement. In the event the designated staff determines that the young adult is ineligible, the designated staff shall make a recommendation of program termination to the Department’s designated regional operations representative for review and agreement. If the Department disagrees with program termination and is unable to obtain consensus with the community-based care lead agency, documentation should then be forwarded to the Department’s regional representative in the Office of the General Counsel. If after consultation, there is continued disagreement, documentation should be forwarded to the Department’s headquarters representative in the Office of Child Welfare for continued review. The Department’s headquarters representative will make the final determination in the conflict resolution. Upon reaching agreement with the adverse action, designated staff shall offer to assist the young adult in resuming eligibility requirements and provide to the young adult a “Notice of Extended Foster Care Program Termination,” CF-FSP 5376, Dec 2019, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11438. The “Due Process Rights” form, CF/PI 175-74, August 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05783, a “Request for Fair Hearing,” CF-FSP 5380, August 2014, incorporated by reference in subsection 65C-41.006(2), F.A.C., and an “Application for Aftercare Services,” CF-FSP 5391, May 2015, incorporated by reference in Rule 65C-42.002, F.A.C., shall be attached to the Notice of Extended Foster Care Program Termination.

(a) A young adult shall be terminated from the extended foster care program for failure to participate in one or more qualifying activities set forth in Section 39.6251(2), F.S., unless that failure is based on a documented disability.

(b) A young adult shall be terminated from the extended foster care program for failure to reside in the approved living arrangement. The length of the young adult’s acceptable absence from the approved living arrangement shall be discussed during transition planning and documented in the “Shared Living Plan,” CF-FSP 5430, July 2018, incorporated by reference in subsection 65C-41.0031(3), F.A.C.

(2) If the young adult intends to leave extended foster care, the designated staff shall discuss with the young adult options for remaining in extended foster care or applying for Aftercare or Postsecondary Education Services and Support (PESS). If, after discussion with the designated staff, the young adult still intends to leave extended foster care, the designated staff shall provide the young adult with the form “My Decision to Leave Extended Foster Care,” CF-FSP 5375, which is incorporated by reference in subsection 65C-41.004(3), F.A.C. Upon receipt of the completed and signed form, the designated staff shall upload the form into the Florida Safe Families Network (FSFN) and provide the young adult a copy of the completed form.

(3) If the young adult reaches 21 years of age, program eligibility automatically ends unless the young adult met the disability criteria to remain until 22 years of age as referenced in paragraph 39.6251(5)(a), Florida Statutes.

Rulemaking Authority 39.012, 39.0121, 39.6251(10) FS. Law Implemented 39.6251 FS. History–New 11-2-15, Amended 2-7-19, 1-12-20.