The Department intends to amend rules 65C-41.005-.006, F.A.C., to clarify language regarding termination from the extended foster care program and to update an incorporated form.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-41.005Termination from Program

65C-41.006Conflict Resolution and Appeals

PURPOSE AND EFFECT: The Department intends to amend rules 65C-41.005-.006, F.A.C., to clarify language regarding termination from the extended foster care program and to update an incorporated form.

SUMMARY: The amendments accomplish the following: (1) Change terminology from “discharge from extended foster care” to “termination from extended foster care;” (2) Update form CF-FSP 5376 and require an Application for Aftercare Services be attached to the form; and (3) Specify that if the young adult reaches 21 years of age, program eligibility automatically ends unless the young adult met the disability criteria to remain until 22 year of age.

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, 39.6251(10), F.S.

LAW IMPLEMENTED: 39.6251, 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: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-41.005 Termination from Program.

(1) A young adult shall be given notice of termination discharged from the extended foster care program when the young adult fails to participate in a qualifying activity or fails to reside in an approved living arrangement. is no longer eligible to participate in the program. In the event the designated staff determines that the young adult is ineligible, the designated staff shall make a recommendation of program termination to the Department’s designated regional operations representative for review and agreement. If the Department disagrees with program termination and is unable to obtain consensus with the community-based care lead agency, documentation should then be forwarded to the Department’s regional representative in the Office of the General Counsel. If after consultation, there is continued disagreement, documentation should be forwarded to the Department’s headquarters representative in the Office of Child Welfare for continued review.  The Department’s headquarters representative will make the final determination in the conflict resolution. Upon reaching agreement with the adverse action, designated staff shall offer to assist the young adult in resuming eligibility requirements and provide to the young adult a “Notice of Discharge from Extended Foster Care Program Termination,” CF-FSP 5376, (insert date) January 2019, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX 10236. The “Due Process Rights” form, CF/PI 175-74, August 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05783, and a “Request for Fair Hearing,” CF-FSP 5380, August 2014, incorporated by reference in subsection 65C-41.006(2), F.A.C., and an “Application for Aftercare Services,” CF-FSP 5391, May 2015, incorporated by reference in Rule 65C-42.002, F.A.C., shall be attached to the Notice of Discharge from Extended Foster Care Program Termination.

(a) Except as provided for in paragraph (1)(c) of this rule, aA young adult shall be terminated discharged from the extended foster care program for failure to participate in one or more qualifying activities set forth in section 39.6251(2), F.S., unless that failure is based on a documented disability.

(b) A young adult shall be terminated discharged from the extended foster care program for failure to reside in the approved living arrangement. The length of the young adult’s acceptable absence from the approved living arrangement that supports the determination that the young adult is not residing in the approved living arrangement shall be discussed determined during transition planning and documented in the “Shared Living Plan,” CF-FSP 5430, July 2018, incorporated by reference in subsection 65C-41.0031(3), F.A.C.

(2) No change.

(3) If the young adult reaches 21 years of age, program eligibility automatically ends unless the young adult met the disability criteria to remain until 22 year of age as referenced in paragraph 39.6251(5)(a), Florida Statutes. 

Rulemaking Authority 39.012, 39.0121, 39.6251(10) FS. Law Implemented 39.6251 FS. History–New 11-2-15, Amended 2-7-19. Amended_____

 

65C-41.006 Conflict Resolution and Appeals.

(1) No change.

(2) Notice of Adverse Action. The community-based care lead agency shall give timely and written notice to the young adult regarding any decision to deny readmission or terminate participation in extended foster care.

(a) The notice shall be provided on the form “Notice of Discharge from Extended Foster Care Program Termination,” CF-FSP 5376, incorporated by reference in subsection 65C-41.005(1), F.A.C.

(b) through (c) No change.

(d) A “Request for Fair Hearing,” CF-FSP 5380, August 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05787, and “Due Process Rights,” CF/PI 175-74, incorporated by reference in subsection 65C-41.005(3), F.A.C, shall be attached to the notice. A community-based care lead agency may add its logo to form CF-FSP 5380. 45 C.F.R. §205.10 is referred to on CF/PI 175-74 because the regulation requires states to provide for a system of fair hearings. 45 C.F.R. §205.10, July 1992, is incorporated by reference and available at http://www.gpo.gov/fdsys/granule/CFR-1997-title45-vol2/CFR-1997-title45-vol2-sec205-10/content-detail.html and https://www.flrules.org/Gateway/reference.asp?No=Ref-05781.

(e) No change.

(3) 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. The notice shall be provided on the form “Notice of Discharge from Extended Foster Care Program Termination,” CF-FSP 5376, incorporated by reference in subsection 65C-41.005(1), F.A.C. or “Notice of Denial for Readmission into Extended Foster Care,” CF-FSP 5410, incorporated by reference in paragraph 65C-41.002(2)(c), F.A.C.

(b) through (c) No change.

(4) through (5) No change.

Rulemaking Authority 39.012, 39.0121, 39.6251(10)  FS. Law Implemented 39.6251 FS. History–New 11-2-15, Amended 1-7-19,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brandie McCabe

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

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

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 12, 2019