The Department is amending the rule to include Code of Federal Regulation citations that determine Food Assistance Program case processing. The Department is also amending the text to simplify the language. The citations were amended to provide the ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Economic Self-Sufficiency Program

RULE NO.:RULE TITLE:

65A-1.602Food Assistance Program Case Processing

PURPOSE AND EFFECT: The Department is amending the rule to include Code of Federal Regulation citations that determine Food Assistance Program case processing. The Department is also amending the text to simplify the language. The citations were amended to provide the full scope of Food Assistance eligibility determinations and to acknowledge the Department is no longer using Food and Nutrition Service Waiver No.: 2030051.

SUBJECT AREA TO BE ADDRESSED: This rule addresses food assistance program case processing within the context of food assistance program eligibility determinations.

RULEMAKING AUTHORITY: 414.45 FS.

LAW IMPLEMENTED: 402.82, 414.31, 414.32 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 3, 2013, 10:00 a.m.

PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, Florida 32399-0700

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 7 days before the workshop/meeting by contacting: Katie Bohnett. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Katie Bohnett, Economic Self-Sufficiency Program, [phone], 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

65A-1.602 Food Assistance Program Case Processing.

(1) Food Assistance Program case processing is done in accordance with the eligibility determination process in Rule 65A-1.205, F.A.C., 7 CFR 271.1 – 273.18, 273.24, and 273.25 7 CFR 273.2.

(2) Responsible Member is defined as any member of the Standard Filing Unit (SFU) capable of representing the Assistance Group (AG) by providing sufficient and accurate information concerning the AG circumstances.

(3) Authorized Representative is defined as an adult non-household member authorized to represent the household during an interview. The authorized representative must be appointed in writing by the head of the AG, the spouse or responsible household member.

(4) 24-Month Certification periods Reporting Requirements: Apply to AGs in which all members of the SFU meet all of the following criteria:

(a) Are elderly or disabled;

(b) Do not have any earned income; and

(c) Have stable circumstances.

(5) Able Bodied Adults Without Dependents (ABAWD). ABAWDs are required to report whenever their hours of employment are less than 20 hours per week. They may have their certification period shortened in order to comply with the time limit provisions assigned to them.

(6) Simplified Reporting (SR): Simplified Reporting applies to all AGs except those that meet the criteria in subsection (4) or (5). AGs assigned to the SR category will have a six-month certification period except for those that meet the criteria in subsection (4). AGs assigned to SR are only required to report a change in income and circumstances during the certification period when an income change causes their gross income to exceed 130 percent of the Federal Poverty Level for their AG size. Gross income means the amount of all earned and unearned income before any deductions, such as taxes, are applied. The change in income must be reported within the first ten days of the month, following the month of change. Voluntarily reported beneficial changes will be processed as a required change when received and verification is provided according to regular food assistance processing procedures. The food assistance reporting requirements do not change the reporting requirements for other programs such as Medicaid and Temporary Cash Assistance.

(7) Child Support Enforcement (CSE) Cooperation. Child Support Enforcement cooperation by a custodial parent or caretaker relative is required as a condition of eligibility for food assistance in accordance with Section 414.32, F.S,. and 7 CFR 273.11(o), unless good cause for non-cooperation exists.

(a) Information on good cause criteria will be provided when application for benefits is being made using CF-ES Form 2641, Claim Notice Good Cause for Refusal to Cooperate, May 05, incorporated by reference.

(b) Right to Claim Good Cause. The right to claim good cause exists when cooperation in establishing paternity or in establishing, modifying, or enforcing a child support order may not be in the best interest of the child, or the parent, or the caretaker relative and the child pursuant to 7 CFR 273.11(o)(1)(i), (iii), or (iv) and (2), or if cooperation is expected to result in at least one of the following:

1. Physical harm to the child – examples are broken bones, bruises, burns, lacerations, etc.,

2. Emotional harm to the child – examples are poor school performance, sleep disturbances, self-destructive behavior, eating disorders, etc.,

3. Physical harm to the custodial parent or caretaker relative which reduces their capacity to care for the child adequately (such as broken bones, bruises, burns, lacerations, or life threatening injury),

4. Emotional harm to the custodial parent or caretaker relative to such a degree that their capacity to adequately care for the child is diminished (such as psychological disorder or dysfunction which has a serious negative impact on their ability as a caretaker),

5. The child was conceived as a result of incest or rape,

6. Legal proceedings for the adoption of the child are pending before a court, or

7. The custodial parent or caretaker relative is being assisted by a public or licensed private social agency to determine whether or not to relinquish the child for adoption (this circumstance is valid for three months).

(c) Upon determination by the department that the custodial parent or caretaker relative’s failure to cooperate was without good cause, the application will be denied or a food assistance penalty imposed for the non-cooperative individual only and a notice of adverse action will be mailed to the individual. The non-cooperative individual’s income will be prorated and their assets will be counted in full in determining eligibility for the remaining AG members. The remaining AG members meeting eligibility requirements may be approved. The non-cooperative individual will be excluded until verification of CSE cooperation is received by the department.

(d) Upon verification that the individual is cooperating with CSE and all other eligibility requirements have been met, action will be taken to add the individual to the AG or to remove the sanction and reinstate food assistance benefits.

(8) Food assistance benefits are issued through the Electronic Benefit Transfer (EBT) system.

(9) Benefit Availability.

(a) Food assistance availability dates are staggered over the first 15 days of each month. Benefit availability to AGs is based on the terminal digits of the AG’s case number. AGs are able to receive their monthly allotment on their assigned availability date or any subsequent day in that month. Food assistance benefits placed in the EBT account may be accessed for 365 days after the date of their initial availability in the account.

(b) The EBT system supports mass overrides of benefit availability dates in instances of disasters or other emergencies. This permits individuals in areas where hurricanes or other disasters are threatening to be able to access their benefits earlier to prepare for such events.

Rulemaking Authority 414.45 FS. Law Implemented 402.82, 414.31, 414.32 FS. History–New 1-31-94, Formerly 10C-1.602, Amended 7-29-01, 4-17-06,__________.