Align rule language regarding the Guardianship Assistance Program with statute pursuant to Chapter Law 2024-177 and update language and form.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-44.001Definitions

65C-44.003Determination of Guardianship Assistance Payments

65C-44.004Guardianship Assistance Agreement

65C-44.0045Successor Guardians

65C-44.005Non-recurring Guardianship Expenses

65C-44.006Extension of Guardianship Assistance Agreement

65C-44.007Redetermination of Guardianship Assistance Payment and Extended Guardianship Assistance Payment

PURPOSE AND EFFECT: Align rule language regarding the Guardianship Assistance Program with statute pursuant to Chapter Law 2024-177 and update language and form.

SUMMARY: Amendments (1) update references, (2) update language, (3) update the age to opt into extension of guardianship assistance program from 16-17 to 14-17, and (4) update forms.

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: 39.6225(11) FS.

LAW IMPLEMENTED: 39.6225 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: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-44.001 Definitions.

(1) through (6) No change.

(7) “Young adult” as defined in paragraph 39.6225(1)(b), F.S.

Rulemaking Authority 39.6225(11) FS. Law Implemented 39.6225 FS. History–New 7-23-19, Amended           .

 

65C-44.003 Determination of Guardianship Assistance Payments.

(1) No change.

(2) An application to participate in the Guardianship Assistance Program must be made on the “Application for Guardianship Assistance Program” form, CF-FSP 5442, June 2019, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10805.

(a) No change.

(b) For families that have submitted an application for the guardianship assistance program, the child welfare professional shall begin the presumptive eligibility determination process once a goal change to permanent guardianship has occurred or a concurrent goal of permanent guardianship has been added. Presumptive eligibility shall be completed on the guardianship assistance page in the child welfare information system. Florida Safe Families Network (FSFN.)

(c) No change.

(3) No change.

(4) If the Department or community-based care lead agency (Lead Agency) (CBC) has responsibility for placement and care of the child, the Lead Agency CBC in the county where the court has jurisdiction is responsible for entering into the Guardianship Assistance Agreement and paying guardianship assistance payments.

(5) through (6) No change. 

(7) The Lead Agency CBC or subcontracted agency child welfare professional shall inform the caregiver that the guardianship assistance payments, unlike the foster care board rate payments, are not intended to cover the complete cost of the child’s care. The guardianship assistance payment is intended to assist the permanent guardian in supporting the extra cost associated with providing care for a child.

(8) No change.

(9) A guardianship assistance payment may be negotiated up to 100% of the statewide foster care board rate. A payment may exceed 100% of the statewide foster care board rate based on a family’s level of licensure pursuant to section 409.175(5) F.S., when an exception is granted by the Department Department’s regional managing director or designee and documented on the “Guardianship Assistance Payment Approval” form CF-FSP 5440, (insert date) June 2019, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX http://www.flrules.org/Gateway/reference.asp?No=Ref-10804. Requests for exceptions must be in writing. In determining whether to grant an exception, the Department regional managing director or designee shall consider the medical, behavioral, and therapeutic needs of the child at the time of the negotiation, as well as the projected future needs of the child based on the family and medical history of the child and birth family. In no case shall the guardianship assistance payment exceed the foster care maintenance payment for which the child is or would be eligible if the child had been placed in a family foster home. Guardianship assistance payments are not intended to cover services which can be obtained through family insurance, Medicaid, Children’s Medical Services, or through special education plans provided by the public school district.

(10) No change.

(11) The permanent guardian must be advised by the child welfare professional that it is their responsibility to notify the Department or Lead Agency CBC lead agency of any change in circumstances, including moving out of state, no later than 48 hours after the change.

(12) through (15) No change.

Rulemaking Authority 39.6225(11) FS. Law Implemented 39.6225 FS. History–New 7-23-19, Amended           .

 

65C-44.004 Guardianship Assistance Agreement.

The “Guardianship Assistance Agreement Between the Department of Children and Families and Guardians Regarding Payments and Services,” CF-FSP 5437, (insert date) June 2019, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX http://www.flrules.org/Gateway/reference.asp?No=Ref-10807, must be signed and dated by all parties prior to case closure in permanent guardianship and uploaded into the child welfare information system Florida Safe Families Network (FSFN) database.

Rulemaking Authority 39.6225(11) FS. Law Implemented 39.6225 FS. History–New 7-23-19, Amended           .

 

65C-44.0045 Successor Guardians.

(1) through (2) No change.

(3) The successor guardian must successfully complete the following criminal, delinquency and abuse/neglect history checks prior to being added to the Guardianship Assistance Agreement:

(a) through (e) No change.

(f) Abuse and neglect records check through the child welfare information system FSFN; and

(g) No change.

(4) Successor guardians are not required to have a completed Unified Home Study at the point of being identified but must have a home study completed and approved in the child welfare information system FSFN prior to placement.

Rulemaking Authority 39.6225(11) FS. Law Implemented 39.6225 FS. History–New 7-23-19, Amended           .

 

65C-44.005 Non-recurring Guardianship Expenses

(1) through (5) No change.

(6) The following procedures will initiate payments for reimbursement of non-recurring guardianship expenses:

(a) No change.

(b) Reimbursement for eligible costs may be made to the guardian or directly to a vendor. The staff person conducting the home study shall advise all guardians to keep copies of receipts of expenditures related to pursuing guardianship. Copies of such receipts shall be entered into the payment record in the child welfare information system. Florida Safe Families Network (FSFN.) Eligible expenses include court costs, attorney fees, birth certificates, costs of required physicals and psychological examinations, costs of transportation, lodging and food for the child and/or guardian when necessary to complete the guardianship process, and the cost of the home study if the child is in the custody of a private agency;

(c) through (d) No change. 

Rulemaking Authority 39.6225(11) FS. Law Implemented 39.6225 FS. History–New 7-23-19, Amended           .

 

65C-44.006 Extension of Guardianship Assistance Agreement

(1) Families shall be notified of the Extension of Guardianship Assistance Payment when they are entering into an agreement for a child who has attained 14-17 16 or 17 years of age.

(2) through (5) No change.

Rulemaking Authority 39.6225(11) FS. Law Implemented 39.6225 FS. History–New 7-23-19, Amended           .

 

65C-44.007 Redetermination of Guardianship Assistance Payment and Extended Guardianship Assistance Payment.

(1) through (2) No change. 

(3) The “Guardianship Assistance Program Eligibility Redetermination” form will be uploaded into the file cabinet under the child or young adult’s program eligibility page in the child welfare information system Florida’s Safe Families Network (FSFN) database.

Rulemaking Authority 39.6225(11) FS. Law Implemented 39.6225 FS. History–New 6-30-19, Amended           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vanessa Snoddy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 15, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2024