65C-41.006. Conflict Resolution and Appeals

(1) The Department, the community-based care lead agency and its contracted service provider staff shall treat all young adults fairly and afford them due process. A young adult applying for or receiving extended foster care services has the right to receive written notice of adverse actions by the Department or its contracted service provider and to resolve issues about eligibility by meeting with representatives of the Department or its contracted service provider or through the fair hearing process. The fair hearing process is available to any young adult who is determined to no longer be eligible for extended foster care, or who has been denied readmission into extended foster care.

(2) Notice of Adverse Action. The community-based care lead agency shall give timely and written notice to the young adult regarding any decision to deny readmission or terminate participation in extended foster care.

(a) The notice shall be provided on the form “Notice of Extended Foster Care Program Termination,” CF-FSP 5376, incorporated by reference in subsection 65C-41.00 5(1), F.A.C.

(b) The notice shall be considered timely:

1. When the notice concerns an application for readmission into care, if it is delivered to the young adult within 10 business days of the lead agency receiving the application.

2. When the notice concerns any decision to discharge a young adult from participation in extended foster care, if it is delivered to the young adult at least 30 calendar days before the action described in the notice becomes effective.

(c) If the young adult becomes eligible for participation in extended foster care prior to the action described in the notice becoming effective, the notice shall be withdrawn.

(d) A “Request for Fair Hearing,” CF-FSP 5380, August 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05787, and “Due Process Rights,” CF/PI 175-74, incorporated by reference in subsection 65C-41.005(3), F.A.C, shall be attached to the notice. 45 C.F.R. §205.10 is referred to on CF/PI 175-74 because the regulation requires states to provide for a system of fair hearings. 45 C.F.R. §205.10, July 1992, is incorporated by reference and available at http://www.gpo.gov/fdsys/granule/CFR-1997-title45-vol2/CFR-1997-title45-vol2-sec205-10/content-detail.html and https://www.flrules.org/Gateway/reference.asp?No=Ref-05781.

(e) The notice shall be sent by certified mail or provided to the young adult by hand delivery. The notice shall also be sent via email if the young adult has provided an email address. If the young adult has provided a telephone number, designated staff shall call the young adult and advise him or her that the notice has been sent and also is available for pickup at the community-based care office. Documentation of hand delivery and email shall be made in the young adult’s file contemporaneously with the hand and e-mail delivery. The certified mail receipt shall also be placed in the young adult’s file.

(3) Request for Fair Hearing.

(a) A young adult shall have 30 calendar days from the date of receipt of the notice of adverse action to request a fair hearing. If the young adult requests the fair hearing within 10 business days of the date of receipt of the notice of adverse action terminating participation in extended foster care, then the young adult shall remain in extended foster care pending the resolution of the fair hearing. The notice shall be provided on the form “Notice of Extended Foster Care Program Termination,” CF-FSP 5376, incorporated by reference in subsection 65C-41.005(1), F.A.C. or “Notice of Denial for Readmission into Extended Foster Care,” CF-FSP 5410, incorporated by reference in paragraph 65C-41.002(2)(c), F.A.C.

(b) The request for a fair hearing may be made orally or in writing.

1. The form “Oral Request for Fair Hearing,” CF-FSP 5381, August 2014, incorporated by reference, shall be used by the designated staff to document oral requests for a fair hearing. This form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05788.

2. Written requests may be prepared by the young adult on the form “Request for Fair Hearing,” CF-FSP 5380, incorporated in paragraph (2)(c) of this rule, or in any other manner the young adult chooses.

(c) The request for a fair hearing is made on the date the young adult sends a written request for fair hearing by U.S. Mail or email, or hand-delivers the written request to the staff member of the agency (or his or her  designee) who sent the notice of adverse action. An oral request for a fair hearing is made on the date the young adult speaks with his or her designated staff, the community-based care agency providing him or her with independent living services, or the Department of Children and Families, Office of Appeal Hearings in Tallahassee. If the deadline to request a fair hearing is a Saturday, Sunday or state or federal holiday, the request shall be timely if it is made on or before the first business day after the weekend or holiday.

(4) Transmittal of Hearing Request to the Department or Its Contracted Service Provider.

(a) Within one (1) business day of receiving the young adult’s request for a fair hearing, staff shall send the request for a fair hearing and notice of adverse action by facsimile or email transmission to the legal representative for the Department and the Office of Appeal Hearings of the Department of Children and Families.

(b) If a request for a hearing is not sent by the young adult within 30 days, the request shall be forwarded to the Florida Department of Children and Families’ Office of Appeal Hearings with a notation that the request was late.

(c) Staff shall forward a copy of all documentation supporting the decision regarding participation in extended foster care to the Regional Legal Counsel and the legal representative for the Department within three (3) business days of receipt of the young adult’s request for fair hearing.

(5) Additional Local Preparation for Fair Hearings.

(a) The staff person receiving the request shall, within five (5) business days, prepare copies of the young adult’s complete extended foster care file and copies of the young adult’s case file records from his or her dependency case file during the young adult’s 17th year of age to provide to both the young adult and the legal representative for the Department or its contracted service provider. Staff shall provide the complete file to both the young adult and the legal representative for the Department or its contracted service provider, whether or not a request has been made.

(b) The designated staff responsible for the young adult’s extended foster care case (the designated staff in the county where the young adult’s participation originated) shall coordinate and participate in the fair hearing, even if the hearing takes place in a different county or region. The fair hearing shall take place in the county in which the young adult lives.

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