Amendments clarify the rule and implement legislative changes regarding payment amount for caregivers participating in the relative caregiver program.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.008Relative Caregiver Program Requirements

PURPOSE AND EFFECT: Amendments clarify the rule and implement legislative changes regarding payment amount for caregivers participating in the relative caregiver program.

SUMMARY: Amendments include: (1) updating the enhanced payment rate for the initial six months established in Chapter Law 2022-68; (2) removes language that is duplicative of statute and procedures that are not necessary in rule; (3) removes Unified Home Study language that is no longer applicable; and (4) clarified the half-sibling’s eligibility by making the language clearer.

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.

A SERC has not been prepared.

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) F.S.

LAW IMPLEMENTED: 39.5085 F.S.

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: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-28.008 Relative Caregiver Program Requirements.

(1) No change.

(2) Relative Caregiver Program Payments.

(a) Prior to recommending to the court the placement of a child with a relative, A a Unified Home Study completed by a case manager with the lead agency or subcontractor assigned to the geographical area where the child and caregiver reside home study shall be completed in accordance with Section 39.521(2)(o) 39.521(2)(r), F.S. In regard to a child in a permanent guardianship or a permanent placement with a fit and willing relative, if a Unified Home Study home study has already been completed on the placement, another Unified Home Study home study 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 has been granted and supervision of the case has been terminated, a case manager 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 caregivers’ request for a referral for the RCP payment and, if the caregiver is determined to be 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 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, a home study shall be performed by the child’s case manager within 30 days following a request by the relative caregiver to the case manager to apply for the RCP payment or a referral of the relative caregiver by ESS or the contracted service provider.

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

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

(b) No change.

(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. A child who is not related to the caregiver is eligible for RCP payment as long as their half-sibling is related to the caregiver and remains in the court-ordered custody of the caregiver. 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.

b. When the half-sibling who is related to the caregiver becomes 18 years of age or 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 for the half-sibling who is unrelated to the caregiver to receive the RCP payment.

2. No change.

(d) The child shall not live in a home where either neither parent or stepparent resides. If the parent is in the home 30 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 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. If the child is not eligible due to the relative caregiver’s lack of cooperation:

1. If a child is not eligible for the payment due to the relative caregiver’s lack of cooperation, The 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 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 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. No change.

2. The monthly amount of the payment for the initial six (6) months, before any deductions for income of the child, shall be at a rate equal to the rate established in Section 409.145(3), F.S.,  pursuant to subparagraph 39.5085(2)(d)2., F.S.

3. Pursuant to subparagraphs 39.5085(2)(d)3. and 4., F.S., the subsequent monthly amount of 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 12 years – $249.

c. Age 13 to 18 years – $298.

2. and 3. are redesignated 4. and 5. No change.

(h) When a relative caregiver is approved as a guardian pursuant to Section 39.6221 or 39.6231, or Chapter 744, F.S., after an adjudication of dependency, completion of a Unified Home Study home study and placement by the court with the relative, continuing eligibility for the RCP payment 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 Department or a contracted service provider to convert a payment from TCA to RCP. When converting from TCA to RCP, the ESS case will be processed as a change and the payment will be effective the next recurring month. No auxiliaries to restore lost RCP payments may be issued without approval of the circuit/region ESS Program Office.

1. Restoration of RCP benefits must be issued when:

a. An application for RCP payment 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 lead agency or subcontractor assigned contracted service provider or regional Department 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) calendar days of making this determination.

2. No change.

(j) The Child Welfare Professional shall notify the ESS eligibility office of The following changes in an the active services case of a child in the RCP program household of a relative that may impact eligibility and/or the RCP payment:. This notification shall be made when:

1. through 4. No change.

5. The parent or stepparent resides in the relative caregiver’s household for over 30 consecutive days.

6. The child moves from the state of Florida, or

7. The relative caregiver becomes licensed as a foster placement.

(k) Relative caregivers apply may self-refer for TCA or RCP benefits through the ESS program. The ESS 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. 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. Explain the options associated with the RCP to the applicant,

3. Determine the child’s initial and ongoing eligibility for the RCP payment and Medicaid,

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

5. Communicate with the case manager as necessary and provide updates on the status of the eligibility case; and,

6. When the request for RCP payments is originated at the ESS office, the ESS Eligibility Specialist shall provide written notification to the case manager or the Department, within 10 business days. This notification shall be prepared on the Child Welfare Communication form, CF-FSP 5233, July 2021, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13322, or communicated by electronic means of notification, and shall be documented in FSFN by the CPI or the contracted service provider responsible for determining potential eligibility for RCP in accordance with Section 39.5085, F.S.

a. When a relative caregiver self-refers for the RCP payment and he or she has court ordered temporary custody of the child, the CPI or case manager responsible for the case shall make the determination of potential placement eligibility for RCP.

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

c. In either instance, the Department or contracted service provider who makes the determination of potential placement eligibility for RCP in accordance with Section 39.5085, F.S., shall notify ESS staff of this determination. This notification shall be prepared on the Child Welfare Communication form, CF-FSP 5233, incorporated by reference in subparagraph (2)(k)6. of this rule, or communicated by electronic means of notification. This notification shall be documented in FSFN by the Department or contracted service provider responsible for determining the potential eligibility for RCP.

(l) through (m) No change.

(3) Nonrelative Caregiver Financial Assistance (NCFA).

(a) Eligibility Requirements.

1. No change.

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 Section 39.521(2)(o) 39.521(2)(r), F.S.,

b. through d. No change.

3. through 4. No change.

5. Eligibility for NCFA shall be reassessed annually by reviewing the eligibility criteria in subparagraphs (3)(a) (3)(a)1.-2. and (3)(c)1.-2. of this rule.

(b) Application.

1. Nonrelative caregivers seeking financial assistance must complete an “Application for Nonrelative Caregiver Financial Assistance,” CF-FSP 5398, (insert date) July 2021, incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX http://www.flrules.org/Gateway/reference.asp?No=Ref-13323.

2.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 review the application, conduct the eligibility reassessment, and send a completed “Notice of Action,” CF-FSP 5399, June 2018, incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09989, to the nonrelative caregiver through via email, if available, or by regular U.S. mail within five (5) business days of receipt of the application.

2. No change.

(d) Payment.

1. The monthly amount of the payment for the initial six (6) months, before any deductions for income of the child, shall be at a rate equal to the rate established in Section 409.145(3), F.S.,  pursuant to subparagraph 39.5085(2)(d)2., F.S.

2. Pursuant to subparagraph 39.5085(2)(d)3. and 4., F.S., the subsequent monthly amount of payment, before any deductions for income of the child, shall be:

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.  through 5. No change.

6. When a child’s absence from the home requires a placement change in the child welfare information system 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. No change.

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

a. through c. No change.

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

d. and e. are redesignated e. and f. No change.

9. When a payment ends due to lack of funding or a disqualifying event as listed in sub-subparagraphs (3)(d)8.a.-e. of this rule, the Nonrelative Caregiver Payment Administrator shall complete a Notice of Action, CF-FSP 5399, incorporated in subparagraph (3)(c)1. 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, or similar service 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 4-27-15, 8-22-16, 9-3-18, 11-11-18, Amended 9-22-21. Amended ________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeanette Betanacourt and Jennifer MacDonald

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun L. Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2022