In 2013, the Florida Legislature substantially amended section 409.1454, F.S., Independent Living Transition Services, by deleting the title of the statute, as well as all of the language contained therein. The statute was renamed The Road-to-...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-42.001Definitions

65C-42.002Postsecondary Education Services and Support

65C-42.003Aftercare Services

65C-42.004Appeals

PURPOSE AND EFFECT: In 2013, the Florida Legislature substantially amended Section 409.1454, F.S., Independent Living Transition Services, by deleting the title of the statute, as well as all of the language contained therein. The statute was renamed The Road-to-Independence Program. As components of the program, the legislature created Postsecondary Education Services and Support and Aftercare Services. These changes necessitate new rule development.

SUMMARY: The Department of Children and Families intends to implement Section 409.1451, F.S., in Chapter 65C-42, F.A.C., Road to Independence Program. The new rule will provide definitions of relevant terms; establish application processes for Postsecondary Services and Support and Aftercare Services; and provide an appeal procedure for young adults determined to no longer be eligible for, or denied entry into, either of the programs.

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, 409.1451(10) 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-42.001 Definitions.

The following definitions are to be used in this Chapter.

(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) “Aftercare Services” means services provided pursuant to Section 409.1451(3), F.S.

(3) “Court-approved dependency guardian” means the caregiver for a child placed in out-of-home care pursuant to a custody order entered by the dependency court.

(4) “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 the Extended Foster Care and the Road to Independence Program.

(5) “Educational and Training Voucher ” means the federally funded program, codified in 42 U.S.C. 677, for young adults formerly in foster care that provides monthly stipends to assist in meeting the cost of postsecondary education.

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

(7) “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.

(8) “Immediately” means within 24 hours.

(9) “Postsecondary Education Services and Support  (PESS)” means the voluntary program available to young adults who meet the eligibility requirements in Section 409.1451(2), F.S., that provides services and support to assist with postsecondary education.

(10) “Road to Independence Program” means the programs described in Section 409.1451, F.S.

Rulemaking Authority 409.1451(10) FS. Law Implemented 409.1451, 39.6251 FS. History–New_________.

 

65C-42.002 Postsecondary Education Services and Support.

(1) Application for Postsecondary Education Services and Support (PESS). Each young adult who wishes to receive a PESS stipend shall complete and sign an application for this program. A copy of the application shall be placed in the young adult’s case file, and one given to the young adult.

(2) Initial Application Process for PESS Stipend. Designated staff shall provide the young adult with the “Application for Postsecondary Education Services and Support (PESS) and/or Education and Training Voucher (ETV) Funds,” CF-FSP 5382, August 2014, which is hereby incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

(a) Designated staff shall offer to assist the young adult in completing the application or meeting eligibility requirements.

(b) The young adult must obtain and provide documentation of the following:

1. A high school diploma or its equivalent, in accordance with Section 409.1451(2)(a)3., F.S.;

2. Admittance for enrollment as a full-time student or its equivalent in an eligible postsecondary educational institution or as a part-time student if he or she has a recognized disability or other challenge or circumstance that would prevent full-time attendance;

3. Application for any other grants and scholarships for which he or she may qualify; and

4. A complete and error-free submission of the Free Application for Federal Student Aid.

(c) Designated staff shall verify the following:

1. The young adult was living in foster care on his or her 18th birthday or is currently living in foster care; or was at least 16 years of age and was adopted from foster care or placed with a court-approved dependency guardian after spending at least six (6) months in licensed care within the 12 months immediately preceding such placement or adoption;

2. The young adult spent at least six (6) months in licensed care before reaching his or her 18th birthday;

3. The young adult has reached 18 years of age but is not yet 23 years of age; and

4. The young adult signed an agreement to allow the Department and the community-based care lead agency access to school records.

(d) If the young adult is requesting assistance in choosing and/or enrolling in an eligible post-secondary educational institution, information about aftercare services and an “Application for Aftercare Services,” CF-FSP 5391, August 2014, which is hereby incorporated by reference, and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx, shall also be provided. Aftercare services may be utilized temporarily to assist the young adult in working toward qualifying for PESS.

(e) Designated staff shall have 10 business days from the date of submission of the complete application, including all supporting documentation, to review, approve or deny the award, and notify the young adult whether the application was approved or denied.

1. If the application is denied, designated staff  shall provide the young adult with information detailing the procedure for appeal and the brochure “Due Process Rights for Young Adults Formerly in Foster Care,” CF-FSP 5379, August 2014, incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

2. If the application is denied, designated staff shall also notify the young adult of other available services, including extended foster care, funding through educational and training vouchers, aftercare services, and services that are locally available.

(f) The young adult’s eligibility for or ability to obtain other funding for postsecondary education shall not be considered when determining eligibility for PESS.

(3) Renewal Application Process. Designated staff shall offer to assist the young adult in completing an updated “Application for Postsecondary Education Services and Support (PESS) and/or Education and Training Voucher (ETV) Funds”, CF-FSP 5382, incorporated in subsection (2) of this rule. The young adult must obtain and provide documentation of continuing to meet all renewal eligibility requirements. The renewal period is based on the initial date of enrollment into PESS.

(a) Designated staff shall ask each young adult who is receiving PESS if he or she wishes to apply to renew the award during the 90-day period before the end of the annual award period, and no later than 30 calendar days before the end of the annual award period.

(b) Designated staff shall process the application and shall notify the young adult of the approval or denial, as required by subsection 65C-42.002(2), F.A.C.

(4) Reinstatement of PESS. The reinstatement process shall be the same as for an initial application pursuant to subsection 65C-42.002(2), F.A.C. The young adult must meet initial and renewal eligibility requirements for reinstatement of PESS.

(5) The young adult is eligible for financial assistance under PESS during the summer months if he or she is enrolled in the eligible postsecondary educational institution, as determined by the postsecondary institution.

(6) Termination of PESS. Upon termination of PESS, the Department or contracted agency shall notify the young adult of his or her right to a request fair hearing, pursuant to Rule 65C-42.004, F.A.C.

Rulemaking Authority 409.1451(10) FS. Law Implemented 409.1451 FS. History–New_________.

 

65C-42.003 Aftercare Services.

(1) Eligibility. A young adult is eligible for Aftercare Services if he or she reached the age of 18 while in licensed foster care.

(2) Application for Aftercare Services. Designated staff shall offer to assist a young adult who is requesting Aftercare Services in completing the “Application for Aftercare Services,” CF-FSP 5391, incorporated in paragraph 65C-42.002(2)(d), F.A.C.

(3) Processing Application for Aftercare Services.

(a) Designated staff shall have 10 business days from the date of submission to review the application and approve or deny the award.

(b) If the application is denied, designated staff shall notify the young adult within 10 business days of submitting the application. Designated staff shall also provide the young adult with information detailing the procedure for appeal and the brochure “Due Process Rights for Young Adults Formerly in Foster Care,” CF-FSP 5379, which is incorporated by reference in subparagraph 65C-42.002(2)(e)1., F.A.C. Designated staff shall notify the young adult of other available services, including Extended Foster Care, funding through PESS or educational and training vouchers, and services that are locally available.

(4) If the request for assistance is to prevent homelessness, services shall be provided as expeditiously as possible, but in no case longer than 24 hours.

(5) Providing Aftercare Services.

(a) Once approved, services shall be provided as soon as they are available in the community. Referrals for services shall be provided to the young adult within 10 business days of approval.

(b) At the discretion of designated staff, cash assistance may be provided directly to the young adult or paid in whole or in part to a vendor for such items as security deposits for rent or utilities.

Rulemaking Authority 409.1451(10) FS. Law Implemented 409.1451 FS. History– New_________.

 

65C-42.004 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 Postsecondary Education Services and Support or Aftercare 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 either of these programs, whose benefits have been reduced or changed, or whose application for either of these programs has been denied.

(2) Community-based care lead 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 lead agency shall give timely and adequate written notice to the young adult regarding any decision to deny an application for or terminate participation in PESS or Aftercare Services. 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 PESS or Aftercare Services, if it is delivered to the young adult within 10 business days of receiving the application.

2. When the notice concerns any decision to terminate funds for a young adult in PESS, 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 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 must also 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, incorporated by reference in subparagraph 65C-42.002(2)(c)2., F.A.C, 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, then the young adult shall continue to receive the monthly PESS stipend or Aftercare Services 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 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 PESS or Aftercare Services 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 for a fair hearing shall, within three (3) business days, prepare copies of the young adult’s complete PESS or Aftercare Services file, as applicable, 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 providing PESS or Aftercare Services (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 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: August 10, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 1, 2013