The Department intends to amend rules 65A-4.205-.206 and .212, F.A.C., to update terms, forms, and procedure to conform to current practice.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Economic Self-Sufficiency Program

RULE NOS.:RULE TITLES:

65A-4.205Penalties for Nonparticipation in Work Requirements

65A-4.206Work Requirements Under Medical Incapacity, SSI/SSDI, and Mental Health/Substance Abuse Treatment

65A-4.212Up-Front Diversion

65A-4.217Teen Parents

65A-4.218Child Care

PURPOSE AND EFFECT: The Department intends to amend rules 65A-4.205-.206 and .212, F.A.C., to update terms, forms, and procedure to conform to current practice.

SUMMARY: The amendments accomplish the following: (1) Incorporate updated forms; (2) Replace the term “regional workforce board” with “local workforce development board;” (3) Require the local workforce development board to determine up-front diversion eligibility; (4) Clarify the eligibility criteria for up-front diversion; and (5) Require individuals who are denied or opt not to receive up-front diversion to complete the entire work registration process for temporary cash assistance.

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: 414.45, 445.017(6), FS.

LAW IMPLEMENTED: 445.017, 414.065, 414.095, FS.

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: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65A-4.205 Penalties for Nonparticipation in Work Requirements.

(1) Penalty Requirements. The provisions for receipt of temporary cash assistance (TCA) include the requirement of individuals who do not meet exemptions to participate in work activities or alternative requirement plans. For the purposes of this rule “work activities” include alternative requirement plans. Failure to do so, without good cause, will result in penalties being applied in accordance with Section 414.065(1), F.S. Individuals who also receive food assistance and fail to meet TCA work requirements will be considered noncompliant with food assistance work requirements in accordance with 7 CFR Part 273, Section 273.7(f)(6), F.S. Individuals will be notified at program entry of the work activities requirement and possible penalties for noncompliance without good cause on the ACCESS Florida Web Application, incorporated by reference in 65A-1.205, F.A.C., or the Communication and Work Activity Referral form, CF-ES 2097, 10/2005, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX for paper applications. The Spanish version, CF-ES 2097S, 10/2005, and Creole version, CF-ES 2097H, 10/2005, of the Communication and Work Activity Referral form are incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX and http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, respectively. using the Communication and Work Activity Referral, CF-ES 2097, 10/2005, incorporated by reference.

(2) Compliance with work requirements and determination of good cause for failure to comply with work requirements will be determined by the Local Workforce Development Board (LWDB)  regional workforce board (RWB) designee, in accordance with Sections 414.065(1) and (4), F.S. Other good cause reasons for failure to comply include the temporary inability to participate due to circumstances beyond the participant’s control such as:

(a) through (f) No change.

(3) Individuals failing to comply with work activities will be mailed notification of the failure and possible sanction by the LWDB RWB designee within two working days following the failure. The notification must inform the individuals they have 10 ten calendar days from the date the notification is mailed to contact the LWDB RWB designee to have a good cause determination made or to comply with the work requirement or penalty action will be imposed. During the 10-day ten-day period, the LWDB RWB designee is required to make both oral and written attempts to contact and to counsel the participant to:

(a) through (d) No change.

(e) Understand that compliance with work activity during the 10-day ten-day period will avoid the imposition of a sanction. The LWDB RWB designee must provide the participant with another work activity within the 10-day ten-day period if it is impossible for the participant to comply with the original assigned activity.

(4) Upon failure of the individual to respond by the date indicated, the LWDB RWB designee will notify the department to impose a sanction in accordance with Section 414.065(1)(a), F.S. Upon receipt of the sanction request, the department will notify the individual of the penalty action using the CF-ES 4192 Notice of Work Penalty form Penalties, CF-ES 4192, 04/2007 Mar 01, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. The Spanish version, CF-ES 4192S, 4/2007, and Creole version, CF-ES 4192H, 4/2007, of the Notice of Work Penalty form are incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX and http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, respectively. An individual who provides verification of good cause for failure to respond within the 10-day time frame will not be penalized.

(5) through (7) No change.

(8) Reinstatement of Benefits. Reinstatement of benefits requires the filing of an ACCESS Florida Application, incorporated by reference in Rule 65A-1.205, F.A.C., or an ACCESS Florida Web Application (only accepted electronically), incorporated by reference in Rule 65A-1.205, F.A.C., a Request for Assistance, CF-ES Form 2066, Jun 98, incorporated by reference in Administrative Rule 65A-1.400, F.A.C., and a face-to-face interview, unless the individual demonstrates compliance and action is being taken to reinstate benefits within 30 days from the beginning date of the penalty. Cash assistance benefits will be reinstated in accordance with Section 414.065(1)(a), F.S., as determined by the LWDB RWB designee, as long as all other factors of eligibility are met and any minimum penalty period has been served. Food assistance benefits will be reinstated in accordance with 7 CFR Section 273.7(g) of the food assistance requirements. If at the end of the food assistance penalty period the head of household is still in noncompliance, the head of household remains ineligible, but other members of the assistance group may reapply. If the other assistance group members are reapproved for food assistance, the pre-sanction TCA grant amount must be included in the food assistance benefit calculation.

(9) Copies of the CF-ES 2066, CF-ES 2097, and CF-ES 4192 may be obtained from the Department of Children and Families, Economic Self-Sufficiency Program Office, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700.

Rulemaking Authority 414.45 FS. Law Implemented 414.065(1), (4) FS. History–New 12-21-97, Formerly 65A-1.521, Amended 6-10-01,____.

 

65A-4.206 Work Requirements Under Medical Incapacity, SSI/SSDI, and Mental Health/Substance Abuse Treatment.

(1) The provisions for receipt of temporary cash assistance (TCA) include the requirement of individuals who do not meet exemptions to participate in work activities or alternative requirement plans which allow an individual to meet program requirements based on the individual’s medical ability to comply. Individuals who claim a medical incapacity or who have an application or an appeal pending for Supplemental Security Income (SSI) or Social Security Disability Income (SSDI) are required to meet TCA program requirements in accordance with Sections 414.065(4)(d) and (f), F.S. The department will refer all applicants who do not meet an exemption under Sections 414.065(4)(d) and (f), F.S., to the Local Workforce Development Boards regional workforce board (LWDB RWB) designee. The LWDB RWB designee will determine the individual’s work or alternative requirement plan activities.

(2) through (3) No change.

(4) The individual basing their exemption from TCA temporary cash assistance work activities on an application or an appeal for SSI or SSDI disability benefits must provide a copy of the disability receipt file, notices, letters, or other reasonable verification from the Social Security Administration to verify a pending SSI or SSDI disability decision.

(5) No change.

(6) The individual basing their exemption from TCA temporary cash assistance work activities on an application or appeal for SSI or SSDI disability benefits shall be informed that if denied, all extensions to time limits count toward their cash assistance life time limit of 48 months.

(7) Outpatient Mental Health or Substance Abuse Treatment. An individual may be excepted from TCA work requirements for up to five hours per week to participate in outpatient mental health or substance abuse counseling or treatment. The total number of hours cannot exceed 100 per year. The LWDB RWB designee will be responsible for verifying the need for treatment, attendance, and compliance with treatment requirements of the mental health or substance abuse professional using the CF-ES 2299, Substance Abuse and Mental Health (SAMH) Treatment Verification, Jan 01, incorporated by reference.

(8) The LWDB RWB designee will review the case at least monthly to determine the status of the SSI or SSDI application or appeal.

(9) Copies of form CF-ES 2299 may be obtained from the Department of Children and Families, Economic Self-Sufficiency Program Office, 1317 Winewood Boulevard, Building 3, Room 421, Tallahassee, Florida 32399-0700.

Rulemaking Authority 414.45, 414.065(4)(d), (e), (f), 414.105 FS. Law Implemented 414.065(4)(d), (e), (f), 414.105 FS. History–New 4-16-00, Amended 9-4-01,_____.

 

65A-4.212 Up-Front Diversion.

(1) Pre-screening. Individuals applying for temporary cash assistance (TCA) and who indicate an interest for up-front diversion must be TCA eligible in order to be referred to the Local Workforce Development Board (LWDB) designee for screening to determine up-front diversion eligibility.  LWDBs will complete an up-front diversion screening temporary cash assistance (TCA) or up-front diversion will complete the CF-ES 2066, Request for Assistance, Jun 98, incorporated by reference in Administrative Rule 65A-1.400, F.A.C., and will be pre-screened to determine if due to an unexpected circumstance or emergency situation they have short-term barriers to obtain and maintain employment or child support that could be met through up-front diversion or if ongoing TCA is needed. Pre-screening includes a determination that all requirements for TCA eligibility would most likely be met; the applicant has an unexpected circumstance or emergency situation that may be addressed through short-term assistance such as up-front diversion instead of ongoing TCA; and the applicant may be interested in up-front diversion.             

(a) If the pre-screening information indicates that the applicant meets TCA eligibility criteria, but is not appropriate for up-front diversion or does not want it, the applicant will complete the application process for the receipt of ongoing TCA through the department.

(b) If the pre-screening information indicates the applicant meets TCA eligibility criteria, up-front diversion may address the applicant’s needs; and, the applicant wants to pursue up-front diversion, the applicant will complete the up-front diversion eligibility determination process through the regional workforce board (RWB) designee.

(2) The LWDB RWB designee is responsible for determining up-front diversion eligibility and approval on a case-by-case basis for the receipt of up-front diversion services, up-front diversion payment amount, or both in accordance with Section 445.017, F.S. Applicants who are pre-screened by the department as potentially TCA eligible, appear to have short-term barriers to obtain and maintain employment or child support, and want to apply for up-front diversion are to be referred to the RWB designee using the completed CF-ES 2066 for up-front diversion eligibility determination and approval. The applicant must meet the following eEligibility criteria for up-front diversion include:

(a) The applicant has a child(ren) under age 18 (or age 18 if the child is still a full-time student in secondary school or at the equivalent level of vocational or technical training) 19 residing in the home or a pregnant woman in the family and meets TCA eligibility criteria in accordance with Sections 414.0252 (8) and 414.095(5), (14)(a), F.S.;

(b) An explanation by the family of the unexpected circumstance or emergency situation and what may be needed to resolve it; and,

(c) A determination by the LWDB RWB designee and the applicant whether or not the up-front diversion intervention will assist the family to overcome barriers to employment or child support and eliminate the need for ongoing TCA.

(3) Unexpected Circumstances or Emergency Situations. Some examples of unexpected circumstances or emergency situations that may be considered short-term barriers to obtain and maintain employment or child support in this regard are: automobile repairs; catching up on shelter payments to prevent eviction; catching up on utility bills, except for cable television and long distance telephone charges, to prevent interruption of service; medical services; replacement of income lost due to medical leave without pay; emergency child care while seeking permanent child care; and, clothing, shoes, tools or equipment necessary for to employment.

(4) No change.

(5) Restriction on Application for TCA. The LWDB RWB designee will use the CF-ES 2075, Agreement for Up-Front Diversion Payment/Service, Feb 01, incorporated by reference, to notify applicants that receipt of up-front diversion will restrict application for TCA for three months unless an emergency is demonstrated to the LWDB RWB designee. Both the applicant and LWDB RWB designee must sign an agreement the CF-ES 2075 noting the restriction.

(6) Approval for Payment. The LWDB RWB designee is responsible for determining the approval or denial of a family for receipt of up-front diversion services and determining, the determination of the level of financial need for a one-time only payment of up to, but and not to exceed $1,000, or both. Up-front diversion services, such as child care or transportation, cannot exceed four months in accordance with 45 CFR Part 260, Section 260.31(b), F.S. Families who are diverted from the receipt of ongoing TCA through up-front diversion may be eligible to receive transitional support services such as child care and transportation as specified in subsection (11), of this rule. The LWDB RWB designee must stipulate the amount of the authorized payment, sign the CF-ES 2075, and inform forward the completed form to the department.

(7) Denial or Opts Not to Receive. Individuals who are denied or opt not to receive up-front diversion are instructed to complete the entire work registration process for TCA. Applicants who are denied approval for or who opt not to receive up-front diversion or who want to apply for TCA are to be referred, if appropriate, to the department for TCA eligibility determination using the CF-ES 2066, RFA, and the regular TCA eligibility application procedures.

(8) Violation of Agreement. If the family that has received an up-front diversion payment applies for TCA within three months, the family must be referred to the LWDB RWB designee for work registration and verification of a determination that a demonstrated emergency exists. Upon receipt of the determination that the family meets emergency criteria, the department will complete the TCA eligibility determination and calculate the repayment value of the up-front diversion payment. The up-front diversion repayment amount will be withheld from any TCA benefit for which the family is otherwise eligible. The amount to be withheld will be based on proration of the up-front diversion payment over eight months.

(9) Processing Time Frame. Once approval of up-front diversion is received, the department must expedite the process and approve the payment within five working days. The up-front diversion payment must be expedited and processed by the department within five work days of receipt of the completed CF-ES 2075 from the RWB designee.

(10) Medicaid, Food Assistance, and Time Limits Impact. Up-front diversion assistance does not count toward the TCA time limits. The application for up-front diversion will not impact on the application for food assistance and/or Medicaid as long as the eligibility requirements of those programs are met.

(11) No change.

(12) The following form is incorporated by reference: Agreement for Up-Front Diversion Payment, CF-ES 2075 and may be obtained from the Department of Children and Families, Economic Self-Sufficiency, 1317 Winewood Boulevard, Building 3, Room 423, Tallahassee, Florida 32399-0700.

Rulemaking Authority 414.45, 445.017(6) FS. Law Implemented 445.017 FS. History–New 1-27-98, Amended 6-10-01,_____.

 

65A-4.217 Teen Parents.

(1) A teen parent is defined as an individual who has a child(ren) child or children of their own and who meets the definition of a minor child as stated in Section 414.0252, F.S. Participation in an approved program leading to a GED meets full-time student status for this purpose.

(2) The statement of the responsible adult will be acceptable verification that the teen parent lives with a responsible adult. All teen parents must provide proof that the teen parent has enrolled in a program meeting the school attendance requirement as a condition of eligibility for the teen parent and the teen parent’s child(ren). If the teen parent is not in school but expresses an interest in attending school, the assistance group will be given a 10 ten-day pending period to provide verification of registration and attendance.

(3) No change.

(4) Parent-to-child deeming involves the following steps:

(a) through (e) No change.

(f) The balance following these steps is considered unearned income in the teen parent’s child’s budget.

Rulemaking Authority 414.45 FS. Law Implemented 414.095 FS. History–New 10-9-96, Formerly 10C-1.5061, Amended 5-23-99, Formerly 65A-1.5061. Amended_______

 

65A-4.218 Child Care.

(1) Access to Child Care. Temporary Ccash Aassistance (TCA) participants, including former recipients and families redirected from receipt of TCA through up-front diversion who are applying for transitional child care, may access subsidized child care assistance through referral to the Florida Community Coordinated Care for Children (4C-agency) community child care coordinating agency. The Local Workforce Development Board (LWDB) Economic Self-Sufficiency (ESS) specialist or the regional workforce board (RWB) designee will inform participants of the availability of child care assistance and will make the necessary referrals to the 4C-agency. Child care assistance is provided to TCA participants solely for assistance in complying with TCA work activities and for transitional child care.

(2) Conditions of Eligibility.

(a) Temporary cash assistance recipients may receive subsidized child care assistance when it is necessary for them to participate in TCA work or training activities allowed by federal regulation and approved by the LWDB RWB designees. Child care to maintain employment will be provided for the hours of employment and reasonable time for travel to and from the child care facility and place of employment and return. The need for child care and condition of need will be verified by LWDB the assistance specialist or RWB designee.

(b) through (d) No change.

(3) Transitional Child Care.

(a) Transitional child care is defined as child care for families whose income does not exceed 200 percent of the federal poverty level and:

1. Whose TCA has ceased due to new or increased an increase in employment hours or earnings or due to increased child support or who opt not to receive TCA, or

2. No change.

(b) No change.

(c) If an individual applies after the beginning of the transitional child care benefit period and needs reimbursement or payment for child care that has already been obligated for or paid during the transitional child care benefit period, the individual will be referred to the 4C- community child care coordinating agency.

(4) Good Cause.

(a) Individuals who lose their job rather than quit their the job or who have good cause for quitting their job, if eligible for subsidized child care on all other factors, may continue to receive subsidized child care while they look for other employment. The maximum period of this extension is 30 days. The subsidized child care assistance will be provided only for actual job search.

(b) Examples of good cause reasons are:

1. through 6. No change.

7. Family or health problems of the parent or child(ren) children requiring an extensive period of time off, which the parent is unable to arrange with the employer.

(5) Recipient Notification. The recipient will be informed as to availability of and qualifications for child care services by LWDB the eligibility specialist, RWBs or their contracted providers, or the 4C- community child care coordinating agency.

Rulemaking Authority 414.45 FS. Law Implemented 414.095(1) FS. History–New 3-5-95, Formerly 10C-1.519, Amended 8-18-97, 3-12-00, Formerly 65A-1.519, Amended 5-1-01,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Shanise Jackson

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 4, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 14, 2019