In 2013, the Florida Legislature passed Senate Bill 1036 authorizing young adults in foster care, who have not reached permanency before 18 years of age, to remain in care until 21 years of age, or age 22 years of age in the case of a young adult ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-41.001Definitions

65C-41.002Application Procedures for Readmission to Extended Foster Care

65C-41.003Appeals

PURPOSE AND EFFECT: In 2013, the Florida Legislature passed Senate Bill 1036 authorizing young adults in foster care, who have not reached permanency before 18 years of age, to remain in care until 21 years of age, or age 22 years of age in the case of a young adult with a disability. This legislation substantially amended the following sections of the Florida Statutes: 39.013, 39.6013, 39.701, 409.145, 409.1451, 409.175, and 409.903 and created Sections 39.6035 and 39.6251, Florida Statutes. These changes necessitate new rule development.

SUMMARY: The Department of Children and Families intends to implement Senate Bill 1036 in Chapter 65C-41, F.A.C., Extension of Foster Care. The new rule will provide definitions of relevant terms; establish an application process; and provide an appeal procedure for young adults determined to no longer be eligible for, or denied readmission into, extended foster care.

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.

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: 39.012, 39.0121 FS.

LAW IMPLEMENTED: 409.1451, 39.6251 FS.

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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Jodi Abramowitz, [e-mail] or [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jodi Abramowitz, [e-mail] or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-41.001 Definitions.

(1) “Adverse action” means any action by the Department, community-based care lead agency, or its contracted service provider that denies a young adult’s application for readmission to extended foster care, or that discharges  a young adult from extended foster care.

(2) “Designated staff” means a case manager or other staff assigned by the community-based care lead agency or its contracted service provider to work with young adults ages 18 to 23 to handle all matters pursuant to Extended Foster Care and the Road to Independence Program.

(3) “Extended Foster Care” means the program available pursuant to Section 39.6251, F.S.

(4) “Fair hearing” means a hearing that is conducted pursuant to the procedural requirements of Rules 65-2.056 and 65-2.057, F.A.C.

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.6251 FS. History–New_________.

 

65C-41.002 Application Procedures for Readmission to Extended Foster Care.

A young adult may apply for readmission to extended foster care at any time before his or her 21st birthday. Prior discharge from the program is not a barrier to readmission. A young adult shall be readmitted provided the young adult meets the eligibility requirements of Section 39.6251, F.S.

(1) Applications for readmission must be readily available to young adults. The application form to be used is “Application for Extended Foster Care,” CF-FSP 5377, August 2014, incorporated by reference, and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

(2) To reenter extended foster care, the young adult must complete the Application for Extended Foster Care and provide proof of participating in a qualifying activity. If requested by the young adult, the case manager or designated staff shall assist the young adult with completing the application, choosing a qualifying activity, enrolling in a qualifying activity, and/or obtaining necessary documentation.

(3) A decision on readmission shall be made within 10 business days of receipt of a complete application, including all supporting documentation.

(a) The decision shall be based solely on whether the young adult meets the requirements of Section 39.6251(2), F.S.

(b) The young adult must be notified within 10 business days of submitting the complete application, including all supporting documentation, whether the application was approved or denied.

(4) If the decision is to readmit the young adult into extended foster care, within three (3) business days, the case manager shall request the Children’s Legal Services attorney or legal representative of the Department petition the court for reinstatement of jurisdiction.

(5) If the decision is to deny the application for extended foster care, the community-based care agency shall provide a notice that specifies all of the reasons for the denial of extended foster care, notice of the right to appeal this decision, as required by Rule 65C-41.003, F.A.C., and an “Application for Aftercare Services,” CF-FSP 5391, August 2014, incorporated by reference, and available at ww.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.6251, 409.1451 FS. History–New__________.

 

65C-41.003 Appeals.

(1) The Department, the community-based care 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) Community-based care agency or its contracted service provider staff shall work with the young adult in meeting the requirements of this rule.

(3) Notice of Adverse Action. The community-based care agency shall give timely and adequate written notice to the young adult regarding any decision to deny readmission or terminate participation in extended foster care. The notice shall include the right to a fair hearing, the method of obtaining a fair hearing, and that the young adult may present the case himself or herself, or have legal counsel or a representative present the case.

(a) 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 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.

(b) The notice shall be considered adequate if it explains in the primary language of the young adult:

1. The proposed action;

2. The reasons for the proposed action;

3. The young adult’s right to request a fair hearing;

4. The person whom  the young adult would contact to request a fair hearing or for additional information about the decision, including the contact’s name, telephone number, e-mail address and mailing address; and

5. In bold type, the timeline for requesting a fair hearing; The notice must specifically include the following information, in bold type:

a. That the request for a fair hearing must be received by the case manager no later than 30 calendar days from the date the notice was received by the young adult; and

b. That the request for a fair hearing must be received no later than 10 business days after the notice is received for the young adult to continue to participate in the program pending the completion of the fair hearing process.

6. The notice also must inform the young adult that if the last day to request a fair hearing falls on a weekend or holiday, the request will be considered timely if it is received the first business day after the deadline.

(c) A “Request for Fair Hearing on Application Denial or Discharge from the Extended Foster Care Program; or on Denial, Termination, or Reduction of PESS or Aftercare Services Benefits,” CF-FSP 5380, August 2014, incorporated by reference, and “Due Process Rights for Young Adults Formerly in Foster Care,” CF-FSP 5379, August 2014, incorporated by reference, shall be attached to the notice. These forms are available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

(d) The notice shall be sent by certified mail or provided to the young adult by hand delivery. The notice shall also be sent via e-mail if the young adult has provided an e-mail address. Documentation of hand delivery and e-mail 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.

(4) 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.

(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 case manager to document oral requests for a fair hearing. This form is available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

2. Written requests may be prepared by the young adult on the form “Request for Fair Hearing on Application Denial or Discharge from the Extended Foster Care Program; or on Denial, Termination, or Reduction of PESS or Aftercare Services Benefits,” CF-FSP 5380, incorporated in subsection (3)(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 e-mail, 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 case manager or designated staff, the community-based care agency providing him or her with independent living services, or the Office of Appeal Hearings in Tallahassee. If the deadline to request a fair hearing is a Saturday, Sunday or holiday, the request shall be timely if it is made on or before the first business day after the weekend or holiday.

(5) 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 fair hearing and notice of adverse action by facsimile or e-mail transmission to the legal representative for the Department and the Office of Appeal Hearings of the Department of Children and Families.

(b) A request for a hearing can be rejected or dismissed only by the hearing officer. If a request for a hearing is not received within the stated timeframes, 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.

(6) Additional Local Preparation for Fair Hearings.

(a) The staff person receiving the request shall, within three (3) 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 case manager responsible for the young adult’s extended foster care case (the case manager 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 FS. Law Implemented 39.6251, 409.1451 FS. History–New___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kirk Brown

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 10, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 15, 2013