Definitions, Application Procedures for Readmission to Extended Foster Care, Appeals, Case Management Services For Young Adults in Extended Foster Care, Judicial Interaction, Discharge from Program
DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
RULE NOS.:RULE TITLES:
65C-41.001Definitions
65C-41.002Application Procedures for Readmission to Extended Foster Care
65C-41.003Appeals
65C-41.004Case Management Services For Young Adults in Extended Foster Care
65C-41.005Judicial Interaction
65C-41.006Discharge from Program
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. 40 No. 200, October 14, 2014 issue of the Florida Administrative Register.
65C-41.003 Eligibility Requirements Appeals
65C-41.004 Transition and Case Plans Case Management Services For Young Adults in Extended Foster Care
65C-41.005 Discharge from Program Judicial Interaction
65C-41.006 Appeals Discharge from Program
65C-41.001 Definitions.
(4) “Fair hearing” means a hearing that is conducted pursuant to the procedural requirements of Rules 65-2.042 through 65-2.069 65-2.056 and 65-2.057, F.A.C.
65C-41.002 Application Procedures for Readmission to Extended Foster Care.
(1) Applications for readmission must be readily available to young adults. The application form to be used is “Application for Readmission into Extended Foster Care,” CF-FSP 5377, August 2014, incorporated by reference, and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx, or any other application form that addresses all components of CF-FSP 5377.
(2) To reenter extended foster care, the young adult must complete the Application for Readmission into Extended Foster Care and provide proof of participating in a qualifying activity. If requested by the young adult, the case manager or Ddesignated staff shall assist the young adult with completing the application, choosing a qualifying activity, enrolling in a qualifying activity, and/or obtaining necessary documentation, unless assistance is refused by the young adult.
(3) All young adults with diagnosed disabilities or mental health needs shall be provided an equal opportunity to participate in extended foster care. A young adult with diagnosed disabilities or mental health needs may need additional support; therefore, the designated staff will work in consultation with all of the young adult’s service providers.
(3) A decision on readmission shall be made within 10 business days of receipt of a complete application, including all supporting documentation.
(a) The decision shall be based solely on whether the young adult meets the requirements of s. 39.6251(2), F.S.
(4) (b) The young adult must be notified within 10 business days of submitting the complete application, including all supporting documentation, whether the application was approved or denied, or whether additional information, including supporting documentation, is needed.
(a) The decision to approve or deny shall be based solely on whether the young adult meets the requirements of Section 39.6251, F.S.
65C-41.002 Application Procedures for Readmission to Extended Foster Care.
(c)(5) If the decision is to deny the application for extended foster care, the community-based care agency shall provide a notice that specifies all of the reasons for the denial of extended foster care, notice of the right to appeal this decision, as required by Rule 65C-41.006 65C-41.003, F.A.C., and an “Application for Aftercare Services,” CF-FSP 5391, August 2014, incorporated by reference, and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx, or any other application form that addresses all components of CF-FSP 5391.
(d) If additional information is needed, the young adult shall have 10 business days from notification to submit the information. Designated staff shall assist the young adult in obtaining the additional information, unless assistance is refused by the young adult.
65C-41.003 Eligibility Requirements. Appeals
(1) Section 39.6251, F.S., sets forth the eligibility requirements for a young adult to remain in extended foster care.
(2) A young adult is considered to have been living in licensed care on the date of his or her 18th birthday if the young adult was in the legal custody of the Department on the date of his or her 18th birthday.
(3) To meet the educational requirements set forth in Section 39.6251(2)(a)-(b), F.S., the young adult must comply with the academic and attendance requirements of his or her particular educational institution.
(4) A young adult may change qualifying activities and remain in extended foster care. A change of qualifying activity shall not require a new application, although it shall require an amendment to the young adult’s transition plan and may require an amendment to the case plan.
(5) If a young adult is unable to participate full-time in a program or activities listed in Section 39.6251(2)(a)-(d), F.S., due to a physical, intellectual, emotional, or psychiatric condition that limits participation, the young adult’s case manager shall:
(a) Assist the young adult in securing supporting documentation of the condition; and
(b) Develop or amend the transition plan to address the condition and the accommodations or modifications to be implemented to achieve the goals of the young adult as included in the case plan.
(6) Participation by the Young Adult in Case Management and Judicial Proceedings. In addition to engaging in one or more of the qualifying activities set forth in Section 39.6251(2), F.S., the young adult must consent to, and participate in, on-going supervision by case management and is encouraged to participate in judicial review and permanency hearings.
(a) The young adult must sign necessary releases to enable the case manager to document the young adult’s participation in the qualifying activity or activities.
(b) The young adult must participate in the drafting of the case plan.
(c) In preparation for each judicial review hearing, the young adult must collaborate with the case manager in preparing the Judicial Review Social Study Report (“JRSSR”).
(7) Residing in the Approved Living Arrangement. The young adult must reside in a supervised living arrangement that is approved by the community-based care lead agency and acceptable to the young adult.
(a) Whether a living arrangement will be approved shall be decided by designated staff on a case-by-case basis, taking into consideration the needs and desires of the young adult and using a reasonable and prudent parent standard.
(b) The community-based care lead agency may withhold approval for a living arrangement requested by the young adult if the living arrangement does not meet the supervision or the support required by Section 39.6251(4), F.S. or jeopardizes the young adult’s safety and well-being.
(c) In addition to the types of living arrangements permitted by Section 39.6251(4), F.S., the living arrangement may also include housing provided by the U. S. Military, housing provided by the Agency for Persons with Disabilities, housing for victims of human trafficking, or housing included as a component of service by any other service provider.
(d) A young adult who requires continued, intensive therapeutic or medical care will be assessed to determine his or her needs and the most appropriate living arrangement, and services will be sought by the case manager in consultation with the young adult’s team of service providers.
(e) A young adult may share housing with other persons, provided the requested living arrangement meets the assessed levels of supervision and services for every household member who is in the extended foster care program. The community-based care lead agency must approve all roommates based on its assessment of the young adult’s needs and safety concerns. The community-based care lead agency is not responsible for any portion of the expenses of any roommate who is not receiving extended foster care services.
(f) Once a living arrangement has been approved, the young adult must notify the case manager of any changes in circumstances in the living arrangement, including a change of occupants, a problem with new or different rules, or a planned absence from the home as set forth in the transition plan.
(g) The young adult and foster parent, primary caregiver or group home provider shall discuss and agree upon the length of any permitted absence of the young adult from his or her approved living arrangement. The young adult and the foster parent, primary caregiver or group home provider shall determine jointly the protocol for notification of such absences.
(h) In the event the extended foster care living arrangement is obtained before the young adult reaches age 18, the case manager shall make scheduled visits to the young adult in the new approved living arrangement as a part of the transition.
Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.6251, 39.6035, 39.701 FS. History–New________.
65C-41.004 Transition and Case Plans Case Management Services For Young Adults in Extended Foster Care
(1) Transition planning
(a) Transition planning must begin within 180 days of the young adult’s 17th birthday, or as soon as possible within 30 days of being placed into licensed foster care after that date. The transition plan must be completed at least 60 days prior to the young adult’s 18th birthday, or as soon as possible for any young adult who enters licensed foster care after that date, and no later than the last judicial review hearing during the young adult’s minority.
(b) All young adults with diagnosed disabilities or mental health needs shall be provided with an equal opportunity to participate in transition planning. A young adult with a diagnosed disability or mental health need may need additional support; therefore, the designated staff shall work in consultation with all of the young adult’s service providers.
(c) If the young adult intends, after discussion with the case manager, to opt out of extended foster care, the case manager shall provide the young adult the form “My Decision to Opt Out of Foster Care,” CF-FSP 5375, January 2015, which is hereby incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx, or any other form that addresses all components of CF-FSP 5375. Upon receipt of the completed and signed form, the case manager shall:
1. Provide the young adult a copy of the completed form; and
2. Discuss with the young adult the options for enrollment in Aftercare or Postsecondary Education Services and Support (PESS).
(d) In the event the young adult refuses to participate in transition planning; fails to designate a qualifying activity; fails to live in an approved living arrangement; refuses to sign the transition plan after completion; or opts out of extended foster care, or the case manager determines that the young adult is ineligible due to the young adult’s placement as a child other than in licensed foster care, the case manager shall provide a notice, “Notice of Discharge from Extended Foster Care,” CF-FSP 5376, May 2014, which is hereby incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx, or any other form that addresses all components of CF-FSP 5376.
(2) Transition and Case Plans. Each young adult in extended foster care must have both a transition plan and a case plan developed by the case manager in consultation with the young adult.
(a) Transition Plan. The provisions of the transition plan form the basis of the young adult’s case plan and delineate the young adult’s short-term and long-term goals, the young adult’s obligations, and the obligations of the foster parent, the case manager, and any other service provider.
1. The transition plan shall be coordinated with the case plan; however, a change in the transition plan does not require an amendment to the case plan or a return to court unless there is a substantial change in circumstances, a change in goal, or the young adult requests a hearing.
2. The transition plan shall include an agreement by the young adult to comply with the provisions to engage in one or more of the qualifying activities required by Section 39.6251(2), F.S., to participate in case management activities and judicial review proceedings as delineated in Rule 65C-41.003, F.A.C., and to remain in the approved living arrangement as detailed in the transition plan. The agreement shall also include a provision that the young adult shall sign necessary releases to enable the case manager to verify participation in the qualifying activities.
3. The transition plan shall address allowance.
a. Whether an allowance will be provided to the young adult and the amount of the allowance shall be discussed in consultation with the young adult and foster parent or designated staff.
b. The foster parent or designated staff shall use a reasonable and prudent parent standard to decide whether an allowance will be provided and the amount.
c. If the young adult is in licensed out-of-home care, the foster parent or caregiver shall make the ultimate decision.
d. If the young adult is in non-licensed care, designated staff shall make the ultimate decision.
e. The decision and rationale shall be supported by documentation in the young adult's case plan and transition plan.
4. If the young adult is a parent, the transition plan shall address the young adult’s goals and needs in his or her role as a parent, as well as any referrals to service providers.
5. Amending the Transition Plan. The transition plan may be amended at any time, without court approval, whenever the young adult and the designated staff agree. The plan shall be periodically reviewed and must be updated when necessary prior to each judicial review hearing.
6. Portability. The services provided under this rule are portable across county lines and between lead agencies.
a. The service needs that are identified in the original or updated transition plan shall be provided by the lead agency where the young adult is currently residing but shall be funded by the lead agency that initiated the transition plan.
b. For all young adults in foster care who are on a living arrangement out-of-state or visiting out-of-state, the lead agency with primary case management responsibilities shall provide maintenance payments; case planning, including a written description of all services that will assist the young adult in preparing for the transition from care to independence; as well as regular case reviews that conform with all federal scheduling and content requirements.
(b) Case Plan. The young adult must have a case plan while in extended foster care.
1. The case plan must include:
a. A description of the qualifying activity or activities in which the young adult will engage to maintain eligibility for remaining in extended foster care. If the young adult has chosen an alternate or secondary qualifying activity, it shall be included in the case plan;
b. A description of the programs and services necessary to assist the young adult to successfully participate in the chosen qualifying activities, and a designation of who is responsible for providing these programs and services, and who is responsible for paying the costs of such programs and services;
c. A description of the young adult’s long-term goals for living independently and the services to be provided to assist the young adult in meeting those goals; and
d. A designation of the permanency goal of transition from care to independent living.
2. The young adult’s case plan shall be developed as part of the initial transition planning process, and shall include the young adult’s long-term goals.
3. The case plan shall be reviewed with the young adult prior to each judicial review hearing, and shall be updated as necessary.
(3) Provision of Services. The community-based care lead agency must ensure that the young adult is provided necessary services. Necessary services include:
(a) Those services, including participation in programs, that are identified in the young adult’s case plan.
(b) Supervision of the young adult at a level that is consistent with the young adult’s individual educational and health care needs, permanency plan and independent living goals as assessed with input from the young adult.
(c) Life skills instruction, counseling, educational support, employment preparation and placement, and development of support networks that are consistent with the young adult’s assessed needs and interests, and with the goals identified by the young adult in the transition plan and case plan.
(d) Regular case management reviews, at least monthly, but more often as necessary and as agreed to by both the case manager and the young adult.
(e) Any additional services that are necessary to assist the young adult in complying with the conditions of extended foster care.
(4) Prior to each judicial review hearing, the designated staff shall assist the young adult in preparing for the hearing by jointly developing the report, which addresses the young adult’s progress in meeting the goals in the case plan. The report must include information on the young adult’s progress on the case plan and the transition plan, as applicable, and shall propose modifications as necessary to further the young adult’s goals.
(5) Procedures for a Young Adult Wishing to Remain in Extended Foster Care until the 22nd birthday. A young adult must be actively participating in extended foster care on his or her 21st birthday, and have a documented disability, in order to remain in care until his or her 22nd birthday.
(a) The case manager for a young adult who has a documented disability shall discuss with the young adult and any designated decision-making authority for the young adult, within 180 days of the young adult’s 20th birthday, whether the young adult wishes to remain in extended foster care after his or her 21st birthday. This discussion shall occur during the transition planning for possible discharge based on reaching the maximum age for participation.
(b) If the young adult who has a documented disability requests discharge from, or otherwise opts out of continuing in extended foster care beyond the 21st birthday, the case manager shall provide the form “My Decision to Opt Out of Foster Care,” CF-5375, incorporated in paragraph (1)(c) of this rule, or any other form that addresses all components of CF-FSP 5375, and specify that the young adult has requested discharge from the program on the 21st birthday.
Rulemaking Authority 39.012, 39.0121 FS. Laws Implemented 39.6035 and 39.6251, 39.701, 39.6012 FS. History–New____.
65C-41.005 Discharge from Program Judicial Interaction
(1) A young adult shall be discharged from the extended foster care program when the young adult is no longer eligible to participate in the program.
(a) A young adult shall be discharged from extended foster care when categorical eligibility ends on the earliest of the dates that the young adult:
1. Reaches 21 years of age or, in the case of a young adult with a disability, reaches 22 years of age;
2. Knowingly and voluntarily withdraws his or her consent to participate in extended foster care. Withdrawal of consent to participate in extended foster care shall be verified by the court pursuant to s. 39.701, F.S.;
3. Achieves Permanence. Permanence due to a voluntary return by the young adult to his or her legal parent after the age of 18 disqualifies the young adult from participating in extended foster care during the time the young adult is living with that parent. However, in the event that living arrangement fails, the young adult will no longer be considered to have achieved permanence, and the young adult is again eligible for extended foster care.
(b) Except as provided for in subparagraph (1)(c) of this rule, a young adult shall be discharged from the extended foster care program for failure to participate in one or more qualifying activities set forth in s. 39.6251(2), F.S., unless that failure is based on a documented disability.
(c) A young adult may not be discharged from the extended foster care program for ceasing to participate in one or more qualifying activities set forth in Section 39.6251(2), F.S., if he or she provides within 20 days of ceasing participation:
1. Documentation of efforts to resume a qualifying activity; or
2. Documentation of a condition that limits participation, pursuant to Section 39.6251(2)(e), F.S.
(d) A young adult may be discharged from the extended foster care program for failure to reside in the approved living arrangement. The length of the young adult’s absence from the approved living arrangement that supports the determination that the young adult is not residing in the approved living arrangement shall be determined during transition planning and documented in the transition plan.
(e) A young adult may be discharged from the extended foster care program for failure to actively participate in case management and supervision provided by the case manager.
(2) A young adult may elect voluntary discharge from the extended foster care program. When a young adult indicates to a case manager or designated staff that he or she wishes to leave the program, the case manager or designated staff shall provide the young adult with the form “My Decision to Opt Out of Foster Care” CF-FSP 5375, January 2015, which is incorporated by reference in Rule 65C-41.004, F.A.C., or any other form that addresses all components of CF-FSP 5375, and ask the young adult to complete the form and return it to the case manager. The case manager shall inform the young adult of other available services in Postsecondary Education Services and Support and Aftercare Services. When a young adult elects voluntary discharge from extended foster care, or when the young adult is discharged, the case manager shall request that the Children’s Legal Services attorney file a motion to terminate jurisdiction and schedule a court hearing on that motion.
(3) Before the case manager may discharge a young adult from extended foster care, other than when the young adult voluntarily leaves the program, the case manager must provide the young adult with a written notice that describes all reasons for the discharge and the form “Due Process Rights for Young Adults Formerly in Foster Care,” CF-FSP 5379, August 2014, which is incorporated by reference in paragraph 65C-41.006(2)(d), F.A.C., or any other form that addresses all components of CF-FSP 5379.
Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.6251, 39.701, 39.013 FS. History–New_____.
65C-41.006 Appeals Discharge from Program
(2)(a) through (b)1. will now read:
(2) Community-based care agency or its contracted service provider staff shall work with the young adult in meeting the requirements of this rule.
(2)(3) Notice of Adverse Action. The community-based care lead agency shall give timely and adequate written notice to the young adult regarding any decision to deny readmission or terminate participation in extended foster care.
(a) The notice shall be provided on the form “Notice of Discharge from Extended Foster Care,” CF-FSP 5376, incorporated by reference in paragraph 65C-41.004(1)(d), F.A.C, or on any other form that addresses all components of CF-FSP 5376 and meets the requirements set forth in subparagraph (2)(c) of this rule. include the right to a fair hearing, the method of obtaining a fair hearing, and that the young adult may present the case himself or herself, or have legal counsel or a representative present the case.
(b)(a) The notice shall be considered timely:
1. When the notice concerns an application for readmission into care, if it is delivered to the young adult within 10 business days of the lead agency receiving the application.
(2)(c)5.a. through b. will now read:
a. that the request for a fair hearing must be sent to received by the case manager no later than 30 calendar days from the date the notice was received by the young adult; and
b. that the request for a fair hearing must be sent received no later than 10 business days after the notice is received for the young adult to continue to participate in the program pending the completion of the fair hearing process.
(2)(c)6. will now read:
6. The notice also must inform the young adult that if the last day to request a fair hearing falls on a weekend or holiday, the request will be considered timely if it is sent received the first business day after the deadline.
(2)(d) through (e) will now read:
(d)(c) A “Request for Fair Hearing on Application Denial or Discharge from the Extended Foster Care Program; or on Denial, Termination, or Reduction of Postsecondary Education Services and Support PESS or Aftercare Services Benefits,” CF-FSP 5380, August 2014, incorporated by reference, and “Due Process Rights for Young Adults Formerly in Foster Care,” CF-FSP 5379, August 2014, incorporated by reference in 65C-41.005(3), F.A.C, or any other forms that address all components of CF-FSP 5380 and CF-FSP 5379, shall be attached to the notice. These Fforms CF-FSP 5380 and CF-FSP 5379 are available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. 45 C.F.R. §205.10 is incorporated by reference and available at http://www.gpo.gov/fdsys/granule/CFR-1997-title45-vol2/CFR-1997-title45-vol2-sec205-10/content-detail.html.
(e)(d) The notice shall be sent by certified mail or provided to the young adult by hand delivery. The notice shall also be sent via e-mail if the young adult has provided an e-mail address. If the young adult has provided a telephone number, designated staff shall call the young adult and advise him or her that the notice has been sent and also is available for pickup at the community-based care office. Documentation of hand delivery and e-mail shall be made in the young adult’s file contemporaneously with the hand and e-mail delivery. The certified mail receipt shall also be placed in the young adult’s file.
(3)(b)1 through 2. will now read:
1. The form “Oral Request for Fair Hearing,” CF-FSP 5381, August 2014, incorporated by reference, or any other form that addresses all components of CF-FSP 5381, shall be used by the case manager or designated staff to document oral requests for a fair hearing. This form is available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.
2. Written requests may be prepared by the young adult on the form “Request for Fair Hearing on Application Denial or Discharge from the Extended Foster Care Program; or on Denial, Termination, or Reduction of Postsecondary Education Services and Support PESS or Aftercare Services Benefits,” CF-FSP 5380, incorporated in subsection (2)(d) (3)(c) of this rule, or any other form that addresses all components of CF-FSP 5380, or in any other manner the young adult chooses.
(4)(b) will now read:
(b) A request for a hearing can be rejected or dismissed only by the hearing officer. If a request for a hearing is not sent by the young adult received within the stated timeframes, the request shall be forwarded to the Florida Department of Children and Families’ Office of Appeal Hearings with a notation that the request was late being sent to the lead agency by the young adult.
(5)(a) through (b) will now read:
(a) The staff person receiving the request shall, within five (5) three (3) business days, prepare copies of the young adult’s complete extended foster care file, and copies of the young adult’s case file records from his or her dependency case file during the young adult’s 17th year of age to provide to both the young adult and the legal representative for the Department or its contracted service provider. Staff shall provide the complete file to both the young adult and the legal representative for the Department or its contracted service provider, whether or not a request has been made.
(b) The case manager designated staff responsible for the young adult’s extended foster care case (the case manager in the county where the young adult’s participation originated) shall coordinate and participate in the fair hearing, even if the hearing takes place in a different county or region. The fair hearing shall take place in the county in which the young adult lives.
