The Department intends to amend Rule 65C-42.001, F.A.C., to clarify and update definitions related to Postsecondary Education Services and Support and Aftercare Services.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-42.001Definitions

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-42.001, F.A.C., to clarify and update definitions related to Postsecondary Education Services and Support and Aftercare Services.

SUMMARY: The definition of “court-approved dependency guardian” will be amended to include a permanent guardian and a permanent placement with a fit and willing relative. The definition of “designated staff” will be amended to include child welfare professionals, as well as case managers, who handle all matters concerning Postsecondary Education Services and Support and Aftercare Services; the term “child welfare professionals” replaces the word “staff.”

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, 409.1451(10), FS.

LAW IMPLEMENTED: 39.625, 409.1451, 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: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-42.001 Definitions. 

The following definitions are to be used in this chapter.

(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, or that discharges a young adult from Postsecondary Education Services and Support (PESS) or Aftercare Services.

(2) No change.

(3) “Court-approved dependency guardian” means the caregiver for a child placed in out-of-home care pursuant to a custody order entered by the dependency court. The term includes a permanent guardian under section 39.6221, F.S., and a permanent placement with a fit and willing relative under section 39.6231, F.S.

(4) “Designated Staff” means a case manager or other child welfare professional staff assigned by the community-based care lead agency or its contracted service provider to work with young adults ages 18 to 23 to handle all matters pursuant to the Postsecondary Education Services and Support and Aftercare Services Extended Foster Care and the Road to Independence Program.

(5) through (9) No change.

Rulemaking Authority 39.012, 409.1451(10) FS. Law Implemented 409.1451, 39.6251 FS. History–New 10-4-15,_Amended_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brandie McCabe

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 18, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 26, 2019