Eligibility for Services, Eligibility Criteria, Application Process, Establishing Eligibility

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Agency for Persons with Disabilities

RULE NO.: RULE TITLE:
65G-4.014: Eligibility for Services
65G-4.015: Eligibility Criteria
65G-4.016: Application Process
65G-4.017: Establishing Eligibility

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 44, November 4, 2011 issue of the Florida Administrative Weekly.

No changes have been made to Proposed Rules 65G-4.015, 4.016, and 4.017.

65G-4.014 Eligibility for Agency Services – Definitions.

(1) Autism means a condition which meets the requirements of Section 393.063, F.S., that the condition is:

(a) Pervasive, meaning always present and without interruption;

(b) Neurologically based, meaning that the condition is not the result of physical impairment;

(c) A developmental disability with age of onset during infancy or childhood;

(d) With extended duration, meaning that the condition reasonably can be expected to continue indefinitely into the future;

(e) Causes severe learning disorders resulting in both severe communication disorders affecting both verbal and nonverbal skills, and severe behavior disorders. Autism is characterized by an individual evidencing at least six of the following twelve features from the following subparts 1 and 2, with at least one feature from subpart 2:

1. Severe communication disorders, which may include:

i. A delay in, or total lack of, the development of spoken language (not accompanied by an attempt to compensate through alternative modes of communication such as gesture or mime);

ii. Stereotyped and repetitive use of language or idiosyncratic language;

iii. For those applicants with speech, marked impairment in the use of multiple nonverbal behaviors such as eye-to-eye gaze, facial expression, body postures, and gestures to regulate social interaction;

iv. Failure to develop peer relationships appropriate to developmental level;

v. A lack of spontaneous seeking to share enjoyment, interests, or achievements with other people (e.g., by a lack of showing, bringing, pointing out objects of interest, or achievements to others);

vi. Lack of social or emotional reciprocity;

vii. Marked impairment in the ability to initiate or sustain a conversation with others in individuals with adequate speech; or

viii. Impaired imaginative ability evidenced by a lack of varied, spontaneous make-believe play or social imitative play appropriate to developmental level.

2. Severe behavior disorders, which are restricted, repetitive and stereotyped patterns of behavior, interests, and activities which may include:

ix. Encompassing preoccupation with one or more stereotyped and restricted patterns of interest that is abnormal either in intensity or focus;

x. Apparently inflexible adherence to specific, nonfunctional routines or rituals;

xi. Stereotyped and repetitive motor mannerisms (e.g., hand or finger flapping or twisting, or complex whole-body movements); or

xii. Persistent preoccupation with parts of objects.

(2) through (9) No change.

Rulemaking Authority 393.065, 393.501, 393.063 FS. Law Implemented 393.065 FS. History–New ________.