Amendments address postsecondary education services and support along with aftercare services that are available to a young adult pursuant to 409.1451 F.S.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-42.001Definitions

65C-42.002Postsecondary Education Services and Support

65C-42.003Aftercare Services

PURPOSE AND EFFECT: Amendments address postsecondary education services and support along with aftercare services that are available to a young adult pursuant to 409.1451 F.S.

SUMMARY: The rule changes include the following: (1) adds the definition of emergency situation, (2) specifies that the designated staff must ensure that the young adult is provided with the necessary services, (3) specifies that the designated staff shall work with, collaborate and maintain contact with the young adult, and (4) identifies what the Aftercare Services Plan shall include, and (5) identifies what aftercare services are available to the young adult.

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: 409.1451(11) F.S.

LAW IMPLEMENTED: 409.1451 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 [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-42.001 Definitions.

The following definitions are to be used in this chapter.

(1) through (5) No change.

(6) “Emergency Situation” means a circumstance or event that impacts the youth and young adult in Postsecondary Education Services and Support’s (PESS) and whose resources are insufficient to meet the emergency. 

(6) through (9) are renumbered (7) through (10) No change.

Rulemaking Authority 39.012, 409.1451(11) 409.1451(10) FS. Law Implemented 409.1451, 39.6251 FS. History–New 10-4-15, Amended 5-22-19. Amended________.

 

65C-42.002 Postsecondary Education Services and Support.

(1) No change.

(2) If it is determined that the young adult is not eligible for PESS, designated staff shall determine whether the young adult is eligible for Education and Training Voucher (ETV) financial assistance utilizing the Postsecondary Education Services and Support (PESS) and Education and Training Voucher (ETV) Initial, Renewal and Reinstatement Application, CF-FSP 5382, incorporated in subsection (3) of this rule. 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) Initial Application Process for PESS Stipend. Designated staff shall provide the young adult with the “Postsecondary Education Services and Support (PESS) and Education and Training Voucher (ETV) Initial, Renewal and Reinstatement Application,” CF-FSP 5382, (insert date) March 2018, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=RefXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-09401. A community-based care lead agency may add its logo to form CF-FSP 5382.

(a) through (d) No change.

(e) 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-05834, shall also be provided. A community-based care lead agency may add its logo to form CF-FSP 5391. Aftercare Services in accordance with section 409.1451(3), F.S., may be utilized temporarily to assist the young adult in working toward qualifying for PESS.

(f) The young adult must be notified within 10 business days from the date of submission of the application whether the application was approved or denied, or whether additional information, including supporting documentation, is needed.

1. If additional information is needed, the young adult shall have 10 business days from notification to submit the information. Designated staff shall offer to assist the young adult in obtaining the additional information.

2. If the application is denied, designated staff shall notify the young adult of other available services in which he or she may be eligible for, such as Extended Foster Care, funding through ETV, Aftercare Services, and services that are locally available.

3. If the application is denied, designated staff shall also provide the young adult with information detailing the procedure for appeal and the brochure “Due Process Rights,” CF/PI 175-74, August 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05830. A community-based care lead agency may add its logo to form CF-FSP 5391.

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

(4) Provision of Services. The designated staff must ensure that the young adult is offered the necessary services and shall:

(a) Work with the young adult to update the independent living transition plan, pursuant to s. 39.6035, F.S., in preparation for self-sufficiency. The plan shall be reassessed at least every six (6) months for as long as services are provided.

(b) Collaborate with the young adult in the coordination of life skills, counseling, financial plan pursuant s. 409.1451(2), educational support, and identification of supportive networks that are consistent with the young adult’s needs and interests, and the goals identified in the transition plan.

(c) Maintain contact with the young adult. Designated staff and the young adult shall determine the frequency of contact and how often, if ever, the contact shall be face-to-face. During any contact, designated staff shall review and discuss with the young adult progress in life skill development, and the young adult’s transition plan and shall identify additional services that are necessary to assist the young adult in transitioning toward self-sufficiency.

(d) Inform the young adult of the Office of Continuing Care, its purpose, the types of support the office provides, and how to contact the office, pursuant to section 414.56, F.S.

(e) Provide assistance upon request by the young adult in choosing and/or enrolling in an eligible post-secondary educational institution, providing information about aftercare services and completing an “Application for Aftercare Services,” CF-FSP 5391, (insert date), which is hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=RefXXX, shall also be provided. Aftercare Services in accordance with section 409.1451(3), F.S., may be utilized temporarily to assist the young adult in working toward qualifying for PESS.

(5) The community based lead agency must notify a young adult within 10 business days from the date of submission of the application whether the application was approved or denied, or whether additional information, including supporting documentation, is needed.

(a) If additional information is needed, the young adult shall have 10 business days from notification to submit the information. Designated staff shall offer to assist the young adult in obtaining the additional information within the required timeframe.

(b) If the application is denied, designated staff shall notify the young adult of other available services in which he or she may be eligible for, such as Extended Foster Care, funding through ETV, Aftercare Services, and services that are locally available.

(c) If the application is denied, designated staff shall also provide the young adult with information detailing the procedure for appeal and the brochure “Due Process Rights,” CF/PI 175-74, August 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05830.

(4) through (8) are renumbered (6) through (10) No change. 

(11)(9) Documentation requirements. For each young adult receiving a PESS or ETV stipend, the Department or its contracted service provider shall maintain an active case file in child welfare information system Florida Safe Families Network (FSFN). The child welfare information system FSFN is the system of record and must contain:

(a) through (e) No change.

(10) is renumbered (12) No change.

(13) A community-based care lead agency may add its logo to forms.

Rulemaking Authority 409.1451(11) 409.1451(10) FS. Law Implemented 409.1451 FS. History–New 10-4-15, Amended 5-28-18. Amended________.

 

65C-42.003 Aftercare Services.

(1) through (3) No change. 

(4) A young adult seeking Aftercare Services and Support shall also complete an “Aftercare Services Plan,” CF-FSP 5400, (insert date) January 2015, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX or utilize the independent living transition plan, pursuant to s. 39.6035. https://www.flrules.org/Gateway/reference.asp?No=Ref-05835. A community-based care lead agency may add its logo to form CF-FSP 5400. The Aftercare Services Plan or independent living transition plan shall be completed by the designated staff in consultation with the young adult.

(5) No change.

(6) The Aftercare Services Plan shall include the:

(a) Include the Amount amount of temporary financial assistance being provided and the specific reason(s) for the assistance; and,

(b)  Include the Specific specific activities the young adult will complete in order to achieve self-sufficiency or transition into extended foster care or PESS.

(c)  In the event a young adult in PESS has an emergency situation, the Aftercare Services Plan should include the specific reason for the young adult’s emergency situation, results of the assessment confirming the young adult’s resources are insufficient, and the additional amount of financial assistance needed to resolve the emergency situation.   

(7) through (8) No change.

(9) Processing Application for Aftercare Services.

(a) No change.

(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,” CF/PI 175-74, which is incorporated by reference in subparagraph 65C-42.002(3)(f)3., F.A.C. Designated staff shall notify the young adult of other available services, including Extended Foster Care, funding through PESS or Education and Training Vouchers, the Office of Continuing Care, and services that are locally available.

(10) No change.

(11) Providing Aftercare Services.

(a) through (b) No change.

(c) In addition to the aftercare services referenced in section 409.1451(3)(b), F.S., aftercare services may include:

1. Daycare referrals for the young adult’s minor children.

2. Extracurricular activities related to secondary or postsecondary education.

3. Financial assistance to resolve an emergency situation that is a barrier to achieving self-sufficiency.

(12) through (13) No change.

(14) Documentation requirements. For each young adult receiving Aftercare Services, the Department or its contracted service provider shall maintain an active case file in the child welfare information system Florida Safe Families Network (FSFN) containing:

(a) through (d) No change.

(15) A community-based care lead agency may add its logo to forms.

Rulemaking Authority 409.1451(11) 409.1451(10) FS. Law Implemented 409.1451 FS. History–New 10-4-15. Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Cal Walton, Taylor Peck, and Vanessa Snoddy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 18, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 26, 2022