The Department of Children and Families is amending rule 65C-28.008, Relative Caregiver Program, to implement legislative changes expanding the Relative Caregiver Program to include financial assistance payments for approved nonrelative caregivers.

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.008Relative Caregiver Program

PURPOSE AND EFFECT: The Department of Children and Families is amending Rule 65C-28.008, F.A.C., Relative Caregiver Program, to implement legislative changes expanding the Relative Caregiver Program to include financial assistance payments for approved nonrelative caregivers.

SUMMARY: The amended rule will accomplish the following: establish procedures for processing nonrelative caregiver financial assistance applications; establish procedures for assessing and approving nonrelative caregivers for financial assistance payment; establish eligibility criteria for nonrelative caregivers requesting financial assistance payments; and incorporate by reference the Nonrelative Caregiver Financial Assistance application and a Notice of Action form.

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, 39.5085(2)(a) FS.

LAW IMPLEMENTED: 39.5085 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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 5 days before the workshop/meeting by contacting: Jodi Abramowitz, [e-mail] or [phone]. 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 IS: Jodi Abramowitz, [e-mail] or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-28.008 Relative Caregiver Program Requirements.

(1) In order for a relative caregiver to receive a monthly Relative Caregiver Program (RCP) payment or a nonrelative caregiver to receive financial assistance (NCFA), the requirements of Section 39.5085, F.S., shall be met.

(2) Relative Caregiver Program payments.

(a) Prior to recommending to the court the placement of a the child with a the relative, a caregiver home study shall be completed in accordance with Section 39.521(2)(r), F.S. When a request for a referral for an RCP payment is made Iin regard to a child in a permanent guardianship or a permanent placement with a fit and willing relative closed long-term custody case, if a home study has already been completed performed on the placement, another home study one is not required. The following requirements apply regarding the need for a home study:

1. When permanent guardianship or a permanent placement with a fit and willing relative long-term custody has been granted and supervision of the case has been terminated, a case manager Services Worker in the geographic area where the child and relative caregiver reside shall be assigned by the contracted service provider to complete a home study, if required, and provide to the Economic Self-Sufficiency Program (ESS) the information necessary to determine whether or not the caregiver is eligible for the RCP payment. The home study shall be completed within 30 days of the relative caregiver’s request for a referral for the RCP Relative Caregiver Program payment and, if the caregiver is determined to be potentially eligible for the RCP payment, the ESS eligibility office shall be notified in writing within five (5) days following this determination.

2. If the current placement was made prior to October 1998 and the relative caregiver has been granted long-term custody of the child and a home study has already been performed in connection conjunction with the child’s placement, a new home study is not required, regardless of the form or content of the home study.

3. However, in placements made prior to October 1998, if a home study has not been performed on the relative caregiver’s home, whether or not long-term custody has been granted, a home study shall be performed by the child’s case manager Services Worker within 30 thirty days following a request by the relative caregiver to the case manager Services Worker to apply for the RCP payment or a referral of the relative caregiver by ESS to the department or the contracted service provider.

4. If the current placement was made after October 1998 and a home study was completed performed in connection conjunction with the placement, a new home study is not required.

5. A copy of a home study completed performed in connection conjunction with the placement of the child in the relative caregiver’s home is required to verify that a home study was completed. conducted; Ootherwise, a current home study shall be required performed to establish eligibility for RCP.

(b) The child shall be adjudicated dependent and be in the court-ordered temporary legal custody of the relative pursuant to Section 39.521, F.S., or in the court-ordered permanent guardianship or permanent placement with a fit and willing relative long-term custody of the relative pursuant to Sections 39.6221 or 39.6231 Section 39.622, F.S. For children placed in the home of a relative as a permanency option under Section 39.6221 or Section 39.6231, F.S., in long-term custody, it is not necessary that the court continue supervision by the Ddepartment or contracted service provider or that the court retain jurisdiction.

(c) The child shall live in an approved home of an adult relative who meets a specified degree of relationship to the parent or stepparent of the child by blood or marriage. If the parent or stepparent of the child is not related to the caregiver or is not within the required degree of relationship to the parent or stepparent of the child, the child must be a half-sibling of another child who is related to the caregiver and both children shall have been court ordered into the same placement.

1. Half-sibling eligibility for RCP payment shall meet the following requirements:

a. The eligibility of a half-sibling who is not related to the caregiver remains in effect only as long as the half-sibling who is related to the caregiver remains in the court-ordered custody of the caregiver. When the half-sibling who is related to the caregiver becomes 18 eighteen years of age or for any reason leaves the legal custody of the caregiver for any reason, the half-sibling who is unrelated to the caregiver loses eligibility for continued RCP payment.

b. It is not necessary that the half-sibling who is related to the caregiver be receiving the RCP payment in order for the half-sibling who is unrelated to the caregiver to receive the RCP payment.

2. Termination of marriage for the parent or other relatives affects eligibility for RCP payment as follows:

a. The termination of the marriage of a stepparent from the parent due to death or divorce shall not disqualify relatives of the former stepparent ex-stepparent as eligible caregivers if the relatives are within the required degree of relationship to the former stepparent ex-stepparent. The former stepparent ex-stepparent shall be considered to be within the required degree of relationship to the parent and shall be eligible for the RCP payment if all other eligibility factors are met.

b. The termination of the marriage of a non-blood relative to a blood relative due to death or divorce shall not disqualify the non-blood relative as an eligible caregiver if the blood relative to whom he or she was married is, or was when living, within the required degree of relationship to the blood relative, or if the non-blood relative was within the required degree of relationship to the blood relative prior to the non-blood relative’s death.

(d) The child shall live in a home where neither parent resides. If the parent is in the home 30 thirty consecutive days or longer, the child’s eligibility for the RCP payment ends. However, a relative may receive the RCP payment for a minor parent who is in his or her care, as well as for that minor parent’s child, if both children have been adjudicated dependent and meet all other eligibility requirements.

(e) The child shall reside in the state of Florida. Children who move out-of-state, or are placed out-of-state with a relative caregiver, are not eligible for a RCP payment. A child placed with a relative in Florida by another state is not eligible for the RCP payment.

(f) Failure by the relative caregiver, without good cause, to cooperate with the Child Support Enforcement Program in regard to a child shall terminate that child’s eligibility to receive the RCP payment while in that placement.

1. If a child is not eligible for the payment due to the relative caregiver’s relative’s lack of cooperation, the child remains eligible for Medicaid and other services necessary to ensure his or her safety and well-being.

2. If a child is not eligible due to the relative caregiver’s lack of cooperation, eligibility for the RCP payment for other children in the same placement is not affected if the relative caregiver is cooperating with the Child Support Enforcement Program in regard to those children.

(g) Once all of the preceding eligibility requirements in this section are met, the eligibility requirements of the temporary ESS cash assistance programs in Chapters 65A-1 and 65A-4, F.A.C., applicable to "child only cases" in the Temporary Cash Assistance Program (TCA) shall be met, with the following exceptions:

1. The basic monthly payment schedule (not including Medicaid, family support services, flexible funds utilized in accordance with sSection 409.165, F.S., subsidized child-care and other services that may be available through the Ddepartment or contracted service provider or other local, state or federal programs), is based on the age of the child. The monthly amount of the payment, before any deductions for income of the child, shall be:

a. Age zero (0) through five (5) years – $242.

b. Age six (6) through twelve (12) years – $249.

c. Age thirteen (13) to eighteen (18) years – $298.

2. Financial eligibility is based on a comparison of the income of the child to the benefit payment standard for the child’s age. The difference between the RCP payment standard for the child’s age and the income of the child is the amount of the payment; and

3. Each child applying for or receiving the RCP payment is a filing unit of one and only the child’s income and assets are considered in establishing or maintaining eligibility. In this regard, a child receiving a Supplemental Security Income grant is ineligible for an RCP payment.

(h) When a relative caregiver is approved as a guardian pursuant to Section 39.6221 or Section 39.6231, F.S., Section 39.621, F.S., or Chapter 744, F.S., after subsequent to an adjudication of dependency, completion of a home study and placement by the court with the relative, continuing eligibility for the RCP payment benefits shall not be affected.

(i) A child receiving an RCP payment shall not simultaneously receive a TCA grant, except when timely action has not been taken by the Ddepartment or a contracted service provider to timely convert a payment from TCA to RCP once all eligibility requirements have been met. When converting from TCA to RCP, the ESS case will be processed as a change and the payment benefit will be effective the next recurring month. No auxiliaries to restore lost RCP payments benefits may be issued without approval of the circuit/region district/region or zone ESS Program Office.

1. Restoration of RCP benefits must be issued when:

a. An application for RCP payment benefits has been denied in error, or

b. A TCA payment is not terminated timely (the next recurring month) following the establishment of all RCP eligibility requirements. This includes delays by the contracted service provider or regional Department departmental Family Safety program staff following a determination of potential placement eligibility in accordance with Section 39.5085, F.S., to timely communicate the potential placement eligibility within five (5) days of making this determination.

2. A child may not be included in a TCA assistance group and receive full RCP payments benefits in the same month. Any auxiliaries approved for the restoration of RCP payments benefits for months in which the child received a TCA payments benefits, shall only be authorized for the difference between the amount of the TCA payment benefits and the amount of the RCP payment benefits during the affected months.

(j)(2) In addition to monitoring, evaluating and assessing services and progress of the case plan and keeping the court informed through periodic judicial reviews, the cChild pProtective iInvestigator (CPI) at time of initial placement or case manager Services Worker at time of a change in placement  is responsible for the following steps of the RCP payment eligibility process:

1.(a) Informing the relative caregiver in writing, at the time of the child’s placement, of the financial assistance options, including the RCP payment and TCA grant;

2.(b) Immediately providing a referral to the ESS Economic Self-Sufficiency Services program to apply for a TCA grant when the relative caregiver indicates a desire to apply;

3.(c) Completing a caregiver home study within 30 thirty days after the case transfer Early Service Intervention staffing, unless the home study has already been completed by the Child Protective Investigator CPI;

4.(d) Completing court preparation;

5.(e) Notifying the ESS Economic Self-Sufficiency Services eligibility office in writing immediately when it is determined by the case manager Services Worker that a child in the household home of a relative caregiver may be eligible for the RCP payment, unless the relative has decided indicated a desire to not apply for the payment. This notification shall be made whether or not the relative caregiver is already receiving a TCA payment and shall be prepared on “Relative Caregiver Communication”, CF-FSP 5233, October 2005 June 2002, incorporated by reference and available at www.dcf.state.fl.us/dcfforms/, or communicated by electronic means of notification. A relative caregiver’s decision to not apply for the RCP payment shall be documented in FSFN the case file;

6.(f) Petitioning the court, as appropriate, for court ordered placement with the relative under Section 39.6221 or Section 39.6231, F.S., long-term custody to the relative, or legal guardianship by the relative, and termination of supervision once the child has been in the court ordered placement custody of the relative out-of-home caregiver for a minimum of six (6) months and ensuring service provision in accordance with Rule 65C-30.007, F.A.C., following this termination of supervision; and

7.(g) Notifying the ESS Economic Self-Sufficiency Services eligibility office without delay when the case manager Services Worker becomes aware of changes in the active services case of a child in the household home of a relative that may impact the RCP payment. At a minimum, Tthis notification shall be made when:

a.1. The child is adopted;

b.2. The child’s age changes, resulting in a change to a new age group;

c.3. The child leaves the relative caregiver’s household home;

d.4. The child has an increase or decrease in unearned income; or

e.5. The parent resides in the relative caregiver’s household home for over 30 thirty consecutive days or longer.

(k)(3) Relative caregivers may self-refer for TCA or RCP TCP benefits through the ESS program. The ESS Economic Self-Sufficiency Eligibility Specialist shall be responsible for performing the following tasks related to providing information regarding the RCP and determining eligibility, including individuals who self-refer:

1.(a) At time of application or eligibility redetermination, inform all ESS public assistance applicants or recipients caring for children who are relatives about the RCP and allow them to indicate an interest in applying for RCP;

2.(b) Explain the options associated with the RCP to the applicant;

3.(c) Determine the child’s initial and ongoing eligibility for the RCP payment and Medicaid;

4.(d) Determine continuing eligibility for the child’s monthly RCP benefits, including Medicaid, through complete reviews, and scheduled and unscheduled partial reviews;

5.(e) Communicate with the case manager Services Worker as necessary and provide providing updates on the status of the eligibility case; and

6.(f) When the request for RCP Relative Caregiver payments is originated at the ESS Economic Self-Sufficiency office, the  ESS Eligibility Specialist shall provide written notification to the case manager Services Worker or the Ddepartment, within 10 ten business working days. This notification shall be prepared on “Relative Caregiver Communication”, CF-FSP 5233, June 2002, incorporated by reference in paragraph (2)(e) of this rule, or communicated by electronic means of notification, and shall be documented in FSFN by the case file of the CPI or the contracted service provider responsible for determining potential eligibility for RCP in accordance with sSection 39.5085, F.S.

a.1. When a relative caregiver self-refers for the RCP payment and they  have court ordered temporary custody of the child, the CPI or case manager Services Worker responsible for the case shall make the determination of potential placement eligibility for RCP.

b.2. When a relative caregiver self-refers for the RCP payment and he or she has court ordered custody long-term custody of the child under Section 39.6221 or Section 39.6231, F.S., with supervision terminated, Department departmental district/region or zone staff, or through prior arrangement, contracted service provider staff, shall make the determination of potential placement eligibility for RCP.

c.3. In either instance, the Department or contracted service provider CPI, Services Worker or departmental staff who makes make the determination of potential placement eligibility for RCP in accordance with Section 39.5085, F.S., shall immediately notify ESS staff of this determination. This notification shall be prepared on “Relative Caregiver Communication”, CF-FSP 5233, June 2002,  incorporated by reference in paragraph (2)(e) of this rule, or communicated by electronic means of notification. This notification shall be documented in FSFN by the Department or contracted service provider the case file of the CPI, the Services Worker or the departmental staff responsible for determining the potential eligibility for RCP.

(l)(4) As provided in subsection 65C-30.007(15), F.A.C., Wwhen supervision of a child has been terminated due to court ordered custody of the child under Section 39.6221 or Section 39.6231, F.S., long-term custody to the relative, any documentation required for the relative or child to receive services needed in support of the placement shall be provided by the Department or contracted service provider.

(3) Nonrelative Caregiver Financial Assistance (NCFA).

(a) Eligibility Requirements.

1. NCFA is available to nonrelative caregivers who would be unable to serve as a caregiver without financial assistance.

a. Persons outside the fifth degree by blood or marriage to the parent or stepparent of a child are eligible to receive NCFA provided all other eligibility requirements are met.

b. Nonrelative caregivers who receive Supplement Security Income (SSI), Social Security Disability Insurance (SSDI), or Social Security Survivor Benefits on the behalf of the child shall not be eligible to receive NCFA.

2. To be eligible for NCFA, the nonrelative caregiver must have the following:

a. A completed Unified Home Study which includes the home study requirements set forth in s. 39.521(2)(r), F.S.;

b. A court order adjudicating the child dependent;

c. A court order placing the child in the care and custody of the nonrelative caregiver and finding that the placement is in the best interest of the child; and,

d. A signed statement by the nonrelative caregiver expressing financial need to continue to care for the child long term.

(b) Application.

1. Nonrelative caregivers seeking financial assistance must complete an “Application for Nonrelative Caregiver Financial Assistance”, CF-FSP 5398, July 2014, incorporated by reference, and available at http://dnp1.dcf.state.fl.us/DCFForms/Search/DCFFormSearch.aspx.

a. The nonrelative caregiver must sign the financial attestation portion of the application to indicate his or her financial need for assistance to care for the child on a long term basis.

(c) Notification.

1. The Nonrelative Caregiver Payment Administrator shall send a completed “Notice of Action”, CF-FSP 5399, July 2014, incorporated by reference, and available at http://dnp1.dcf.state.fl.us/DCFForms/Search/DCFFormSearch.aspx, to the nonrelative caregiver via e-mail, if available, or by regular U.S. mail within five (5) business days of the initial review of the application.

2. The Notice of Action shall indicate whether the application was approved or denied, and if the application was denied, the reason for the denial and the nonrealtive caregiver’s right to appeal.

(d) Payment.

1. The monthly amount of the payment shall be:

a. Age zero (0) through five (5) years – $242.

b. Age six (6) through 12 years – $249.

c. Age 13 to 18 years – $298.

3. Payments shall be made using a pro-rated daily amount for the days the child resided in the nonrelative caregiver’s home during the calendar month.

4. Payments shall be issued one (1) month in arrears.

5. Nonrelative caregivers are eligible to receive payments effective the day all eligibility requirements specified in the Application for Nonrelative Financial Assistance, CF-FSP 5398, incorporated in subparagraph (3)(b)1. of this rule, were met or the day the nonrelative caregiver applied, whichever is later.

6. When a child’s absence from the home requires a placement change in FSFN (e.g. placement for treatment services), but the child remains in the care and custody of the nonrelative caregiver, financial assistance payments will be suspended for up to 60 days. If the child remains absent from the home on the 61st day, financial assistance payments will be terminated.

7. The nonrelative caregiver must notify the Nonrelative Caregiver Payment Administrator if the child’s placement changes or if there is a change in the nonrelative caregiver’s ability to care for the child in his or her home.

8. Contingent upon continued availability of funding and continued eligibility, nonrelative caregiver financial assistance payments shall continue until:

a. The child reaches age 18;

b. The child is adopted;

c. The child is no longer placed in the home of the nonrelative caregiver;

d. The child moves from the state of Florida; or

e. The nonrelative caregiver becomes licensed as a foster placement.

9. When a payment ends due to lack of funding or a disqualifying event as listed in paragraphs (3)(d), (8)(a)-(e) of this rule, the Nonrelative Caregiver Payment Administrator shall complete a Notice of Action, CF-FSP 5399, incorporated in paragraph (3)(c) of this rule, indicating the reason for the termination of payments. The Nonrelative Caregiver Payment Administrator shall send the completed Notice of Action to the nonrelative caregiver via e-mail, if available, or by regular U.S. mail within 30 days of receiving the notice of change.

Rulemaking Authority 39.012, 39.0121, 39.5085(2)(a) FS. Law Implemented 39.5085 FS. History–New 5-4-06, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: JoShonda Guerrier

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 31, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 14, 2014