The Department intends to create new rule 65C-28.022, F.A.C., to set forth the process in which claimants may request and receive restitution for medical injury and/or property damage caused by a resident of a licensed child-caring ....

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.022State Institutional Claims for Damages Caused by Children in Out-of-Home Care

PURPOSE AND EFFECT: The Department intends to create new rule 65C-28.022, F.A.C., to set forth the process in which claimants may request and receive restitution for medical injury and/or property damage caused by a resident of a licensed child-caring agency, pursuant to section 402.181, F.S.

SUMMARY: The new rule provides that individuals providing care and supervision for children in licensed out-of-home care may seek restitution for direct medical expenses and/or property damage caused by a child. The new rule sets forth the amounts of restitution based on the legal status of the child. The new rule sets forth the responsibilities of the claimant and the responsibilities of the child welfare professional.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

A SERC has not been prepared.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 402.181(3), F.S.

LAW IMPLEMENTED: 402.181, F.S

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Elizabeth Floyd. Elizabeth can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-28.022 State Institutional Claims for Damages Caused by Children in Out-of-Home Care.

(1) Definitions.

(a) “Department” means the Department of Children and Families.

(b) “Child” means a child in licensed out-of-home care.

(c) “Claimant” means a licensed caregiver who submits a restitution claim alleging property damages and/or direct medical expenses for his or her injuries under section 402.181, Florida Statutes.

(d) “Incident” means the occurrence of property damage and/or medical injury resulting from the same or similar event or occurrence in time.

(e) “Preponderance of the evidence” means the party bearing the burden of proof must present evidence which shows that the fact to be proven is more probable than not.

(f) “Restitution” means recompense for injury or loss.

(g) “Restitution claim” means any reimbursement claim resulting from property damages and/or direct medical expenses for injuries caused by a resident(s) that has not been restored or recompensed through another entitlement.

(2) Individuals providing care and supervision for children in licensed out-of-home care may seek restitution for direct medical expenses and/or property damage caused by a child. The individual may seek restitution on behalf of a child in licensed out-of-home care whose medical expenses and/or property damages were caused by another child in licensed out-of-home care.

(3) If the child was responsible at the time the injury or damage occurred, the claimant may receive restitution up to $1,500 per claimant per incident based on the child’s legal status and upon availability of funding.

(a) When a child is in shelter legal status (pursuant to a court’s shelter order), restitution up to $1,000.00 may be claimed.

(b) When a child is in foster care legal status (pursuant to a court order granting custody to the Department for placement in foster care), restitution up to $1,500.00 may be claimed.

(c) The child’s placement, such as a foster home, group home, or residential treatment center, has no bearing on the above distinction. It is based solely on the child’s legal status at the time the injury or damage occurred.

(4) Responsibilities of the Claimant.

(a) A claimant filing a restitution claim under section 402.181, F.S., with the Department has the burden to provide a preponderance of the evidence to prove:

1. That the action(s) of a child in licensed out-of-home care is the direct cause of claimant’s property damages and/or direct medical expenses for injuries; and

2. The monetary amounts of the claimant’s damages and/or expenses, by means of a receipt or quote.

(b) Only one restitution claim can be submitted per claimant per incident.

(c) The claimant must complete and file the Restitution Claim Form, CF-FSP XXX, July 2021, incorporated by reference and available at XXXX, within 90 days of the occurrence of the incident upon which the claim is based. 

(d) If the claimant received compensation for the same incident not pursuant to section 402.181, F.S., such as from workers’ compensation, homeowner’s insurance, private insurance, or any other entitlement, the Institutional Claims Fund may be used only to request restitution for any deductible amount and/or repair of damage the other compensation did not pay.  Documentation from such compensation must be included with the form and receipts.

(5) Responsibilities of the child welfare professional.

(a) When a licensed caregiver advises the child welfare professional of expenses they have incurred as a result of personal injury or property damage caused by a child in out-of-home care, the child welfare professional shall:

1. Assist the claimant in applying for funding by assisting the completion of the Restitution Claim Form.

2. Ensure that the form is completed in its entirety and that legible receipts or estimates from a licensed vendor are attached.

3. Confirm the damage described on the application through observation of the home or facility, or by reviewing validated documentation provided by the claimant.

4. Confirm that the claimant has provided pictures of the damage, two written estimates for repair, or receipt(s) if the repair has been paid for. 

5. Review the circumstances of the claim and have the claimant sign the form.

(a) The child welfare professional shall complete Part A. of the State Institutional Claims for Damages Recommendation form, CF-FSP XXX, July 2021, incorporated by reference and available at XXXX. The child welfare professional shall submit the State Institutional Claims for Damages Recommendation form, Restitution Claim Form, and all supporting documentation to the Regional Manager Director (RMD) or Department designee. The RMD or Department designee shall review all documentation submitted, provide a recommendation, and forward to the Department’s Headquarters Office of General Counsel for approval.

(b) If the request for restitution is denied, the applicant shall be notified in writing within 10 business days of the determination and the applicant’s right to appeal pursuant to Chapter 120, F.S.

(c) If the request for restitution is granted, the applicant shall be notified in writing within 10 business days of the determination and a copy of the approved State Institutional Claims for Damages Recommendation form shall be provided by the Office of General Counsel to the Office of Finance and Accounting for processing of payments.

(d) In the event a claim is denied, and the claimant requests a 120 hearing, the child welfare professional must attend the hearing.

(e) Claims for damages shall not be granted for:

1. A child purchasing entertainment through the internet using the licensed caregiver’s account or credit card.

2. Damages resulting from circumstances where the biological or adoptive child and foster child are equally responsible.

Rulemaking Authority 402.181(3), FS. Law Implemented 402.181, FS. History‒New _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vanessa Snoddy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 8, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2021