DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
RULE NO.:RULE TITLE:
65C-42.001Definitions
65C-42.002Postsecondary Education Services and Support
65C-42.003Aftercare Services
65C-42.004Appeals
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-42.001 Definitions.
(1) “Adverse action” means any action by the Department, community-based care lead agency, or its contracted service provider that denies, in whole or in part, a young adult’s application for Postsecondary Education Services and Support (PESS) or Aftercare Services readmission to extended foster care, or that discharges a young adult from extended foster care.
(7) “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.
(9) “Postsecondary Education Services and Support (PESS)” means the voluntary program available to young adults who meet the eligibility requirements in s. 409.1451(2), F.S., that provides services and support to assist with postsecondary education.
65C-42.002 Postsecondary Education Services and Support.
(2) through (3)(b) will now read:
(2) If it is determined that the young adult is not eligible for PESS, designated staff shall inform the young adult about the availability of Education and Training Vouchers (ETV) and assist the young adult in obtaining and completing an ETV application, unless assistance is refused by the young adult.
(3)(2) Initial Application Process for PESS Stipend. Designated staff shall provide the young adult with the “Postsecondary Education Services and Support (PESS) Initial and Renewal Application for Postsecondary Education Services and Support (PESS) and/or Education and Training Voucher (ETV) Funds,” CF-FSP 5382, January 2015 August 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 5382.
(a) Designated staff shall offer to assist the young adult in completing the application or meeting eligibility requirements, unless assistance is refused by the young adult.
(b) All young adults with diagnosed disabilities or mental health needs shall be provided with an equal opportunity to participate in the PESS program. 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.
(3)(c)3. through 4. will now read:
3. Application for any other grants and scholarships for which he or she may qualify; and
4. A complete and error-free submission of the Free Application for Federal Student Aid (FAFSA) and application to any grants or scholarships suggested by the post-secondary institution based on the FAFSA submission.
(3)(d)1. will now read:
1. The young adult was living in licensed foster care on his or her 18th birthday or is currently living in foster care; or was at least 16 years of age when and was adopted from foster care or placed with a court-approved dependency guardian after spending at least six (6) months in licensed care within the 12 months immediately preceding such placement or adoption. 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)(e) through (f)3. will now read:
(e)(d) If the young adult is requesting assistance in choosing and/or enrolling in an eligible post-secondary educational institution, information about aftercare services and an “Application for Aftercare Services,” CF-FSP 5391, August 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 5391, shall also be provided. Aftercare services may be utilized temporarily to assist the young adult in working toward qualifying for PESS.
(f)(e) The young adult must be notified within Designated staff shall have 10 business days from the date of submission of the complete application, including all supporting documentation, to review, approve or deny the award, and notify the young adult whether the application was approved or denied, or whether additional information, including supporting documentation, is needed.
1. 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.
21. If the application is denied, designated staff shall notify the young adult of other available services, such as extended foster care, funding through Educational and Training Vouchers, aftercare services, and services that are locally available. provide the young adult with information detailing the procedure for appeal and the brochure “Due Process Rights for Young Adults Formerly in Foster Care,” CF-FSP 5379, August 2014, incorporated by reference and 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.
32. If the application is denied, designated staff shall also provide the young adult with information detailing the procedure for appeal and the brochure “Due Process Rights for Young Adults Formerly in Foster Care,” CF-FSP 5379, August 2014, 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 5379. notify the young adult of other available services, including extended foster care, funding through educational and training vouchers, aftercare services, and services that are locally available.
(4) will now read:
(4)(3) Renewal Application Process. Designated staff shall offer to assist the young adult in completing an updated “Postsecondary Education Services and Support (PESS) Initial and Renewal Application for Postsecondary Education Services and Support (PESS) and/or Education and Training Voucher (ETV) Funds,”, CF-FSP 5382, incorporated in subsection (3) (2) of this rule, or any other form that addresses all components of CF-FSP 5382, unless assistance is refused by the young adult. The young adult must obtain and provide documentation of continuing to meet all renewal eligibility requirements. The annual renewal period is based on the initial date of enrollment into PESS.
(8) through (9) will now read:
(8) Documentation requirements. For each young adult receiving a PESS stipend, the Department or its contracted service provider shall maintain an active case file containing:
(a) Documentation of the young adult’s current demographic information, including name, address, date of birth, social security number, and the name of the school he or she is attending;
(b) A copy of the young adult’s complete application signed by the young adult and approval authority; and
(c) Completed cost of attendance documentation and an individualized budget for the young adult.
(9) Portability. The services provided under this rule are portable across county lines and between lead agencies. The service needs that are identified when a young adult applies for PESS shall be provided by the lead agency where the young adult is currently residing but shall be funded by the lead agency that approved the application.
65C-42.003 Aftercare Services.
(1)(a) will now read:
(a) Reached the age of 18 while in licensed foster care, but is not yet 23 years of age. 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; and
(1)(c) through (8) will now read:
(c) Is not in Extended Foster Care pursuant to Section 39.6251, F.S.
(2) Application for Aftercare Services. Designated staff shall offer to assist a young adult who is requesting Aftercare Services in completing the “Application for Aftercare Services,” CF-FSP 5391, incorporated in paragraph 65C-42.002 (3)(e) (2)(d), F.A.C, or any other form that addresses all components of CF-FSP 5391, unless assistance is refused by the young adult.
(3) If the application is not completed at the time of the request for referrals or services, designated staff shall assist the young adult in completing the application within 10 business days. Referrals may be provided prior to the completion of the application.
(4) A young adult seeking temporary financial assistance shall also complete an “Aftercare Services Plan,” CF-FSP 5400, January 2015, 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 5400. The Aftercare Services Plan shall be completed by the designated staff in consultation with the young adult.
(5) All young adults with diagnosed disabilities or mental health needs shall be provided with an equal opportunity to receive Aftercare Services. 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.
(6) The Aftercare Services Plan shall:
(a) Include the amount of temporary financial assistance being provided and the specific reason(s) for the assistance; and
(b) Include the specific activities the young adult will complete in order to achieve self-sufficiency or transition into extended foster care or PESS.
(7) In assessing the young adult’s needs, designated staff may consider such details as eviction notices, utility terminations, and moving expenses.
(8) The designated staff shall re-assess the Aftercare Services Plan every three (3) months. The community-based care lead agency may discontinue Aftercare Services if the young adult has not made efforts to complete the activities outlined in his or her Aftercare Services Plan.
(9)(b) through (14)(d) will now read:
(b) If the application is denied, designated staff shall notify the young adult within 10 business days of submitting the application. Designated staff shall also provide the young adult with information detailing the procedure for appeal and the brochure “Due Process Rights for Young Adults Formerly in Foster Care,” CF-FSP 5379, which is incorporated by reference in subparagraph 65C-42.002(3)(f)3 (2)(e)1, F.A.C, or any other form that addresses all components of CF-FSP 5379. Designated staff shall notify the young adult of other available services, including Extended Foster Care, funding through PESS or Education educational and Ttraining Vvouchers, and services that are locally available.
(10)(4) If the request for assistance is to prevent homelessness, no application is required and services shall be provided as expeditiously as possible, but in no case longer than 24 hours.
(11)(5) Providing Aftercare Services.
(a) Once approved, services shall be provided as soon as they are available in the community. Referrals for services shall be provided to the young adult as expeditiously as possible and no later than within 10 business days of approval.
(b) At the discretion of designated staff, Ccash assistance shall may be provided directly to the young adult or paid in whole or in part to a vendor for such items as security deposits for rent or utilities, until such time designated staff and the young adult determine the young adult can successfully manage the full amount of the assistance.
(12) Portability. The services provided under this rule are portable across county lines and between lead agencies. The service needs that are identified when a young adult applies for Aftercare Services shall be provided by the lead agency where the young adult is currently residing but shall be funded by the lead agency that approved the application.
(13) Confidentiality. The young adult’s status as a former foster youth and recipient of public benefits is confidential and shall not be revealed to anyone without the young adult’s permission.
(14) Documentation requirements. For each young adult receiving Aftercare Services, the Department or its contracted service provider shall maintain an active case file in the Florida Safe Families Network (FSFN) containing:
(a) Requests for service referrals;
(b) Requests for temporary cash assistance;
(c) The Aftercare Services Plan, incorporated by reference in subsection (4) of this rule, or any other form that addresses all components of CF-FSP 5400; and
(d) Documentation showing case management assistance given to the young adult to access the services directly.
65C-42.004 Appeals.
(2) Community-based care lead agency or its contracted service provider staff shall work with the young adult in meeting the requirements of this rule.
(2)(a) through (b)2. will now read:
(a) The notice shall be provided on the form “Notice of Termination of Aftercare Services,” CF-FSP 5402, February 2015, or “Notice of Termination of Post Secondary Education Services and Support (PESS),” CF-FSP 5407, February 2015, or on any other forms that address all components of CF-FSP 5402 or CF-FSP 5407 and meet the requirements set forth in subparagraph (2)(c) of this rule. Forms CF-FSP 5402 and CF-FSP 5407 are available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. 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 PESS or Aftercare Services, if it is delivered to the young adult within 10 business days of the lead agency receiving the application.
2. When the notice concerns any decision to terminate funds for a young adult in PESS or Aftercare Services, if it is delivered to the young adult at least 30 calendar days before the action described in the notice becomes effective.
(2)(c)5.a. through (e) 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 young adult receives the notice is received for the young adult to continue to participate in the program pending the completion of the fair hearing process.
6. The notice must also 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.
(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, incorporated by reference in subparagrah 65C-42.002 (3)(f)(3) (2)(c)2, 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 and regular mail or provided to the young adult by hand delivery. 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. The notice shall also be sent via e-mail, if the young adult has provided an e-mail address. 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 (c) will now read:
1. The form “Oral Request for Fair Hearing,” CF-FSP 5381, August 2014, incorporated by reference, or any other form that address all components of CF-FSP 5381, shall be used by the designated staff case manager 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 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 address all components of CF-FSP 5380, or in any other manner the young adult chooses.
(c) The request for a fair hearing is made on the date the young adult sends a written request for fair hearing by U. S. Mail or e-mail, or hand-delivers the written request to the staff member of the agency (or his or her designee) who sent the notice of adverse action. An oral request for a fair hearing is made on the date the young adult speaks with his or her case manager or designated staff, the community-based care agency providing him or her with independent living services, or the Department of Children and Families Office of Appeal Hearings in Tallahassee. If the deadline to request a fair hearing is a Saturday, Sunday or holiday, the request shall be timely if it is made on or before the first business day after the weekend or holiday.
(4)(b) will now read:
(b) If a request for a hearing is not received by the lead agency from the young adult 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.
(5)(a) through (b) will now read:
(a) The staff person receiving the request for a fair hearing shall, within five (5) three (3) business days, prepare copies of the young adult’s complete PESS or Aftercare Services file, as applicable, 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 providing PESS or Aftercare Services (the case manager designated staff 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.
