The Proposed Rule will implement section 402.86, Florida Statutes.

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Refugee Services

RULE NOS.:RULE TITLES:
65F-1.001Definitions
65F-1.002Child Welfare Services Qualifications
PURPOSE AND EFFECT: The Proposed Rule will implement section 402.86, Florida Statutes.
SUMMARY: The rule will ensure judges, hearing officers, Department and contracted staff know that the same criteria which apply to children and young adults in Florida’s foster care system and independent living program also apply to an unaccompanied refugee minor receiving federally funded child welfare services from the State.
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 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. For these reasons, a SERC has not been prepared by the agency and legislative ratification is not required.
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: 402.86(2) FS.
LAW IMPLEMENTED: 402.86(1) 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: Danny Charles, Administrative Assistant, 401 N.W. 2nd Avenue, Suite N-812, Miami, Florida 33128, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

Unaccompanied Refugee Minors

65F-1.001 Definitions. 

(1)     Child welfare services, as used in this rule, means foster care and all related services and benefits available to children in Florida’s foster care and to young adults who remain qualified for independent living transition services. 

(2)     Unaccompanied refugee minor means an unaccompanied minor, as defined in 45 C.F.R. 400.111, who has met the federal eligibility standards for placement into the Unaccompanied Refugee Minor Program (URMP). Only unaccompanied refugee minors are eligible for child welfare services through the URMP.

(3)     Unaccompanied Refugee Minor Program (URMP) is a federally funded and state administered program under 45 C.F.R. Part 400 and Section 402.86 of the Florida Statutes established to secure custody over an unaccompanied refugee minor and to provide the same range of child welfare services available to other children and young adults in Florida.

Rulemaking Authority 402.86(2) FS. Law Implemented 402.86(1) FS. History-New________.

65F-1.002 Child Welfare Services Qualifications.

Child welfare services available to an unaccompanied refugee minor shall be equivalent, within the meaning of 45 C.F.R. 400.116(a), to other children in Florida’s foster care. The eligibility requirements for specific  child welfare services provided in the applicable Florida Statutes and corresponding rules shall apply to an unaccompanied refugee minor seeking those services through the URMP, to the extent the applicable Florida Statutes or rule does not conflict with 45 C.F.R. Parts 400 and 401, which shall control. For purposes of Section 409.1451(2)(b), F.S., time in foster care shall include time in the custody of the U.S. Department of Health and Human Services’ Office of Refugee Resettlement.

Rulemaking Authority 402.86(2) FS. Law Implemented 402.86(1) FS. History-New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Hiram Ruiz, Director, Refugee Services Program

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David Wilkins, Secretary of the Department of Children and Families

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 11, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2012