Amendments are made to clarify the rule language regarding master trusts.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-17.002Definitions

65C-17.003Planning and Budgeting Functions

65C-17.004Criteria

65C-17.005Fee Waiver and Change in Allowance Procedures

65C-17.006Department Caseworker and Legal Responsibilities

PURPOSE AND EFFECT: Amendments are made to clarify the rule language regarding master trusts.

SUMMARY: Amendments include: (1) updating definitions, (2) clarifies Department and contracted provider’s fiduciary responsibilities as trustee, (3) outlines criteria for decision to grant an application for fee waiver and change in personal allowance, (4) establishes limitations and duration of approved fee waivers and change of personal allowance, (5) clarifies procedures for notification of the right to request a fee waiver and change in personal allowance, (6) expands on the process for submitting requests for fee waivers and change of personal allowance, (7) outlines process when additional information is needed or if application is denied, and (8) incorporates forms.

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: 402.17(1)(a)9., 402.33(2), (7)(a)

LAW IMPLEMENTED: 402.17, 402.17(2)(c), 402.33

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-17.002 Definitions.

For purposes of this rule chapter and the Master Trust Declaration, the following definitions contained within the Master Trust Declaration shall apply:

(1) through (2) No change.

(3) “Client” means a child or young adult:

(a) Under the age of 21 who is under the placement and care responsibility of the Department of Children and Families (Department) in out-of-home care as a result of a dependency proceeding under Chapter 39, F.S., or

(b) Between the ages of 18 to 23 who meets the criteria for services under s. 409.1451(2) F.S., but not in the legal custody of the Department; and

(c) Who has received, or will receive, money or tangible or intangible property for their sole use and benefit from any other person or entity, that is placed in the possession or control of the Department and for whom a separate trust for such individual does not exist.

(4) “Committee” means the members appointed by the Department to review all fee waiver and change in personal allowance requests. The committee must be composed of a minimum of three members, must not include the child welfare professional assigned to the client’s case, and be balanced as to representation from the community-based care lead agency (lead agency) fiscal, lead agency operation/program, and Department regional staff.

(5) “Cost of care” also referred to as “fees” means the total amount, as recorded in the Department’s child welfare information system, the Department has paid for the care of the child including, but not limited to, foster care room and board payment, child support subsidy payment, Child Placing Agency (CPA) fees, or medical or mental health services not covered by Medicaid or other sources.

(6)(3) “Current needs” of a client beneficiary means food, clothing, shelter, and medical expenses that are necessary for the client’s daily living in a healthy manner. Current needs may also include, but are not limited to:

(a) The cost of care for the child’s foster care placement providing the particular residential services being utilized by the client, as determined by the department in accordance with the procedures established in Chapter 65-6, Florida Administrative Code (F.A.C.);

(b) The cost of providing medical, psychological, psychiatric, or dental treatment which cannot, after diligent search or inquiry, be provided from other sources, including Medicaid, but not including general revenue; Expenses for medical, psychological, psychiatric, or dental treatment which cannot, after reasonably diligent search or inquiry, be provided from other sources, including Medicaid;

(c) Personal comfort items or expenses including electronic devices clothing, radio, television, tape player, alarm clock, books, art supplies, sports equipment, and special activity fees; and.

(d) Transportation (mass transit, cab or carpool) for the client to independently travel to and from work, school or other activities.;

(e) Other expenses approved in writing by the district administrator or designee, or facility administrator or designee.

(4) “Family Safety program client beneficiary class” includes those clients under the age of 18 (or 18 to 23 if enrolled in a full-time educational program under Section 409.145(3), F.S., although not in the custody of the department) who are, or who are considered to be, in the legal custody, care or control of the department, and who have received, or will receive, money and tangible or intangible property for their sole use and benefit from any other person or entity that is placed in the possession or control of the department and for whom a separate trust for such individual does not exist, and who are or who become program clients:

(a) As the result of a dependency proceeding under Chapter 39, F.S.;

(b) Because they require foster or other substitute care, whether on a short or long-term basis, or are placed in independent living arrangements, as provided under Chapter 39, 393, 394, 409 or 415, F.S.;

(c) Because they have been placed in the legal custody of the department following the termination of parental rights as to that individual, as provided under Chapter 39 or 409, F.S., and who will not be placed with a relative or other individual for adoption;

(d) Because they are awaiting adoption under Chapter 63, F.S., or placement with a relative or other individual in foster care under Chapter 39, 409, or 415, F.S.;

(e) Because they have a developmental disability, a physical or mental illness, or some other physical or mental incapacity, as defined under Chapter 393, 394, or 409, F.S., and Social Security Act Title XVI requirements, or

(f) Because they come into the legal custody, care, or control of the program for any other reason.

(7)(5) “Fee waiver” means a reduction or deferment of assessed fees pursuant to the procedures established in this rule chapter and in Rule 65-6.022, F.A.C. Any client who has a Master Trust account child who is in the custody, care and control of the department in foster care pursuant to Chapter 39, F.S., is eligible to apply for a fee waiver.

(6) “Foster care allowance” means a monthly stipend which is included in the foster care board payment sent to the foster parent for the personal needs of each foster child living in the home. See Section 402.33(3), F.S. A child is eligible to apply for a change in the allowance through the fee waiver review process established in Rule 65C-17.005, F.A.C.

(8) “Fiscal” means community-based care lead agency staff that are accountable for receiving and managing funds that are held in the Master Trust.

(9)(7) “Long-term needs” of a Master Trust client beneficiary must shall be defined to include, but not limited to, the following:

(a) Educational or vocational needs including educational testing, vocational aptitude testing and counseling; therapy; remedial tutoring or classes; tuition, fees, books and supplies for school or training; equipment, tools, uniforms or other special clothing, and safety equipment to do a job; supported employment services, including payments for a job coach; attendant care or child care expenses; prepaid college tuition insurance plan; and

(b) Youth and young adult transition services including finanical assistance for tangible and intangible expenses related to education, employment, and other life skill training opportunites for the 13-21 year old population. Independent living expenses including security, telephone and utilities deposits for an apartment; furniture; driver or chauffeur license fee;

(c) Other expenses approved in writing by the district administrator or designee, or facility administrator or designee.

(10)(8) “Master Trust” means, as the context requires, either the Master Trust Declaration, or the designated client trust accounts or subaccounts created within the Master Trust. In all instances, neither the client, the client’s family, nor the client’s assistance group have any power or authority to alter, modify, change, amend or revoke the Master Trust Declaration as a whole, or as applied to that client’s trust account, or any subaccount(s). The money or property placed in the trust account, or any subaccount, of the client is not available to the client’s family or assistance group for their current needs. The department, as representative payee, shall have access to revocable subaccounts that are created for the benefit of clients who receive Supplemental Security Income benefits or Social Security Act Title II benefits. Funds for the client’s current needs will be disbursed by the department, as Trustee, within the context of Sections 402.17 and 402.33, F.S. As to a particular client’s account or subaccount(s), the Master Trust terminates when the client is no longer a client of the department.

(11)(9) “Personal Allowance” means an amount (in addition to the monthly foster care allowance – See definition subsection (6), above) set aside from a client’s child’s Social Security Administration Title II (SSA), Supplemental Security Income (SSI), Veterans’ (VA) or other federal benefit payment for the client’s child’s personal needs before any amounts are applied to the cost of care. See Section 402.33(3), F.S., Rule 65-6.018, F.A.C. For children in foster care receiving a federal benefit payment, the amount set aside shall be no less than $15.00 per month. The child is eligible to apply for a change in the monthly allowance through the fee waiver review process. The personal allowance, as well as any other portion of the benefit payment not deducted for cost of care, shall be placed in the child’s current needs trust account and shall be available to the child at all times. Pursuant to Section 402.17, F.S., the department is authorized to transfer funds to an account for the long-term and other needs of the child if the amount in the current needs account accumulates to the extent that it endangers the child’s eligibility for benefits (the eligibility limit is $2,000). The personal allowance shall be used to obtain clothing, recreational needs or activities, therapeutic equipment, transportation, and other personal and comfort items for the child. If a child has other special needs which cannot be provided by the department, another local, state or federal source, or from the child’s family members or other responsible party, the fee waiver process established in Rule 65C-17.005, F.A.C., shall be used to document the necessity of providing the essential item to the child.

(12)(10) “Plan to Achieve for Achieving Self-Support (PASS)” means a plan submitted to and approved by the Social Security Administration, to help clients who receive for a substitute care client who receives Supplemental Security Income (SSI) set aside money from other sources to pay for items or services needed to achieve a specific work goal to enhance the client’s self-sufficiency or independent living skills and goals.

(11) “Plan for Achieving Self-Support (Non-Disabled) (PASS-ND)” means a plan established through the department for a substitute care client who receives benefits or income other than through SSI to enhance the client’s self-sufficiency or independent living skills and goals. A PASS-ND plan need not be submitted to or approved by the Social Security Administration.

(13)(12) “Subaccount” refers to one or more of the subaccounts that may be established within the client’s trust account within the Master Trust. The subaccounts which are currently authorized under the Master Trust Declaration include the:

(a) Current current needs subaccount,

(b) Long-term the long-term needs subaccount,

(c) Disabled the disabled special needs subaccount(s),

(d) the Medicaid income trust subaccount, and

(e) Self-sufficiency-independent the self-sufficiency-independent living plan subaccount.

(13) “Subsidized independent living” means a program in which a minor 16 years of age or older lives independent of the daily care and supervision of a responsible adult, in a setting that need not be licensed, pursuant to the provisions of Section 409.165(4)(b), F.S. In addition to the subsidized independent living program, the department provides other services, such as independent living skills training, to foster children age 15 and older.

Rulemaking Authority 402.17(1)(a)9. (1996 Supp.), 402.33(2), (7)(a) FS. Law Implemented 402.17, 402.17(2)(c), 402.33 (1996 Supp.) FS. History–New 4-6-99, Amended 5-18-03. Amended _______________.

 

65C-17.003 Planning and Budgeting Functions.

Balancing the current and long-term needs of a Family Safety and Preservation program Master Trust client beneficiary shall involve the following planning and budgeting functions which must be cooperatively performed by district caseworkers and fiscal office personnel.

(1) As Trustee, the Department and its contracted providers have a fiduciary responsibility to hold and manage Master Trust accounts. The determination to designate funds to separate subaccounts should be made to balance current and long-term needs of the client. In all instances, neither the client, the client’s family, nor the client’s assistance group have any power or authority to alter, modify, change, amend or revoke the Master Trust Declaration as a whole, or as applied to that client’s trust account, or any subaccount(s). The money or property, tangible or intangible, placed in the account, or any subaccount, of the client is not available to the client’s family or assistance group for their current needs. The caseworker shall keep track of the client’s current needs subaccount balance (available from the district fiscal office), monitor the client’s current and anticipated needs in relation to such balance and the best interests of the client, and communicate such needs to the district fiscal office in charge of the client’s trust accounts within the Master Trust so that the district fiscal office can retain sufficient funds for these expenses. The caseworker shall keep the child informed of all purchases. Also, if the expenditure equals $500 or more, the caseworker shall notify the child’s parent(s) (unless termination of parental rights has occurred), the guardian ad litem, and the child’s attorney (if one is appointed) of the purchase.

(2) The Department or community-based care lead agency (lead agency) on the behalf of the Department, as representative payee, must have access to revocable subaccounts that are created for the benefit of clients who receive benefit payments, child support payments, third-party benefits, or any other money or property. Funds for the client’s current needs will be disbursed by the Department or lead agency on behalf of the Department, as Trustee, within the context of Sections 402.17 and 402.33, F.S. As to a client’s account or subaccount(s), the Master Trust terminates when the client is no longer in the custody, care, or control of the Department with limited exceptions as set forth in Section 402.17, F.S.:

(a) Requests and authorization for withdrawals of funds from the client’s account must be submitted utilitizing the Master Trust Withdrawal Request and Authorization, form CF-FSP 5463, (insert date), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. If a single item expenditure equals at least $500 or if a total purchase amount equals at least $1000, the lead agency must receive approval from the Department designee prior to purchase. The Department designee must review and return a decision to approve or deny the request within 10 calendar days. 

(b) The lead agency must notify the client’s parent(s) (unless termination of parental rights has occurred), the guardian ad litem (if one is appointed), and the child’s attorney (if one is appointed) if the total purchase amount is equal to $500 or more.

(c) A personal allowance in the amount of $30.00 per month must be set aside in the current needs subaccount for each client receiving a federal benefit. If the client receives more than one federal benefit type, the personal allowance is deducted from each. A request for change in personal allowance must be approved for an increased amount, as referenced in rule 65C-17.005(2).

(d)(2) Clients Family Safety program Master Trust client beneficiaries who are in substitute care, and who receive Supplemental Security Income (SSI) benefits, are eligible to submit a Plan to Achieve for Achieving Self-Support (PASS), form SSA-545-BK, to the Social Security Administration for approval. The approved Plan enables the Department department to set aside funds from other sources for long-term educational or vocational needs of the client as enumerated in the Plan, without affecting SSI eligibility. Unless waived, the cost of PASS preparation fees, such as vocational testing, counseling, or other pertinent services, shall be charged against the client’s applicable subaccount. A PASS, Independent Living, or other case plan shall be developed for each member of this Master Trust client beneficiary group. A copy of the plan shall be kept in the client’s case file and a copy shall also be filed with the court exercising jurisdiction over the client. As part of the PASS or Independent Living plan, the caseworker is responsible for ensuring that a vocational aptitude assessment may be completed to assist in identifying a reasonable work goal based on strengths and abilities. and report is done on each client who is able to participate. Unless waived or performed in-house, costs of such assessment shall be charged against the client’s applicable trust subaccount.

(e) If a client has other special needs which cannot be provided by the Department, another local, state, or federal source, such as Medicaid, other community resources, from the client’s family members, or other responsible party, the fee waiver process established in rule 65C-17.005, F.A.C., may be used to request sufficient funds to provide the essential item to the client.

(f) Pursuant to the General Provisions of the Master Trust Declaration, each client, his or her parent(s) or legal guardian(s) (unless termination of parental rights has occurred), and, if applicable, the client’s attorney or guardian ad litem, shall receive an annual accounting of the receipts, disbursements and current balance of the client’s subaccount(s). Records regarding the client’s subaccount shall be available for review by the client, parent(s) or legal guardian(s), and, if applicable, the client’s attorney or guardian ad litem, but are otherwise confidential.

(g) When a client placed with a non-licensed caregiver is anticipated to receive or is receiving money or property, the lead agency must assist the caregivers in applying for the benefit or becoming the representative payee of benefit payments.

(h) The lead agency must provide to Children’s Legal Services (CLS) a completed Notarized Designation of Client Money and Property, form CF-FSP 5222, (insert date), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and Notice of Fee Assessment And Rights of Foster Child, form CF 285D, (insert date), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, within seven calendar days from the establishment of the client’s Master Trust account.

(i) Within 15 calendar days of the establishment of the client’s Master Trust account, the lead agency must complete the “Master Trust Expenditure Plan”, CF-FSP 5312, (insert date), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(j) The lead agency must ensure a monthly personal allowance is set aside from client’s federal benefit payment.

(k) After the monthly personal allowance is set aside, the lead agency must submit from the remaining funds the full amount of the client’s cost of care for the month the payment is allocated to the Department’s Office of Revenue Management. The exception to this rule is if a fee waiver has been approved.

(l) The lead agency must prepare a quarterly accounting record which must include all transactions from the date of the last quarterly accounting record. 

(m) The lead agency is responsible for monitoring the client’s subaccounts. A completed Notice of Fee Assessment and Rights of Foster Child, form CF 285D, and a copy of the client’s most recent quarterly accounting record must be included in each Judicial Review Social Study Report filed with the court. 

(n) Clients aged 17 who are receiving SSI and are seeking to continue receiving benefits as an adult, must cooperate with the lead agency in completing the required social security administration adult application process. To meet timely submission expectations, the lead agency must assist the client with initiating the required social security administration adult application process 180 days prior to the client’s 18th birthday.

(3) Master Trust client beneficiaries who receive Social Security Act Title II benefits (SSA), Veterans’ (VA) benefits, Railroad Retirement or other benefits are eligible to complete a Non-Disabled Plan for Achieving Self-Support (PASS-ND). This plan shall serve as all or part of the required case plan preparatory to independent living pursuant to Section 409.165(4)(b)1., F.S. As part of the plan, the caseworker is responsible for ensuring that a vocational aptitude assessment and report is done on each client who is able to participate and placed in the case file. A copy of the plan shall be filed with the court exercising jurisdiction over the client. The PASS-ND is not submitted to or approved by the Social Security Administration.

Rulemaking Authority 402.17(1)(a)9. (1996 Supp.), 402.33(2), (7)(a) FS. Law Implemented 402.17, 402.17(2)(c), 402.33 (1996 Supp.) FS. History–New 4-6-99, Amended 5-18-03. Amended _______________.

 

65C-17.004 Criteria for Fee Waiver and Change in Personal Allowance.

(1) A request for fee waiver or change in personal allowance shall be for a specifc sum, no longer than six months in duration and is subject to availability of funding. A request shall be effective the month the request and all supporting documentation is received by the Department. However, the effective date may be retroactive to the month form CF 285D, Notice of Fee Waiver Assessment and Rights of the Foster Child, is filed with the court in accordance with 65C-17.003(2)(h): for the effective date to be retroactive, the application with supporting documentation must be submitted to the Department within three months of the date form CF 285D is filed with the court.

(2) The request must be client specific and individualized based on the client’s current or long-term needs.

(3) A decision to grant a fee waiver or change in personal allowance must be made by utilizing the following criteria:

(a) Expressed preferences of the client. When age and developmentally-appropriate, the committee shall consider the clients preferences in relation to short-term and long-term goals.

(b) Needs of the client. The committee shall consider the specific needs and abilities of a client when reviewing requests for services, equipment, and items to be purchased and their potential to improve the client’s quality-of-life.

Any determination as to whether funds should be transferred to a different subaccount for the client, or whether, subject to availability of funding, a fee waiver or change in allowance should be granted shall be made by utilizing the following criteria to balance current and long-term needs of Family Safety and Preservation program Master Trust client beneficiaries:

(1) Expressed preferences of the client previously made known to the caseworker and documented in a PASS, PASS-ND, Independent Living or other case plan. The department caseworker shall work with each client who is completing a PASS or PASS-ND plan.

(2) Age of the client. Although PASS and the Independent Living program are primarily geared toward clients age 15 and older, younger children are eligible for a fee waiver or change in allowance in order to obtain goods or services linked to goals in the case plan. For example, a young child may exhibit special talents or abilities which would be enhanced by specialized training, classes, or equipment.

(3) Health status and needs of the client. Children who are confined to bed or who have limited mobility benefit from in-home physical therapy, tutoring, visual aids such as television or video cassette recordings, or a specially adapted computer or wheelchair.

(c)(4) Status of the case. The client’s permanency goal and goal date must be considered. (such as goal of reunification, long-term substitute care, or independent living). If the goal is reunification, the committee shall consider whether the funds are utilized to promote a successful reunification while monitoring care must be taken to monitor subaccount balances to avoid making the client child or family ineligible for benefits when the client child returns home. If the goal is long-term substitute care, quality-of-life considerations become more critical. When Another Planned Permanent Living Arrangement (APPLA) independent living is the permanency case goal, educational, and vocational needs, and youth and young adult transition services become the primary focus for utilization of funds as well as sufficient funds for such needs as an apartment and transportation become primary.

(d)(5) Amount and duration of request. The committee shall consider benefits, including the amount of money currently available in the current needs account and other income or assets the client may have outside of the account. If the client receives SSI benefits, the committee should consider if the expenditure plan sufficiently reflects that the funds that would accumulate upon approval will not exceed the maximum countable $2,000 resource limit. to the child as a personal allowance in his master trust account. If benefits terminate at age 18 (such as Social Security Act Title II benefits) future needs (such as those enunciated in a PASS-ND, subsidized independent living or other case plan) shall be a priority in terms of the amount of money set aside as savings for the child. If a fee waiver is being requested, the child’s own resources shall be considered in the determination of whether to grant the waiver. However, absence of personal resources shall not make the child ineligible to apply for a fee waiver.

(e)(6) Other resources reasonably available to the client. The committee shall consider other resources such as voluntary or court-ordered child support paid into the child’s current needs account, or other family or community support that can be used to meet the needs of the client. A fee waiver shall not be used to purchase goods or services for which the client is eligible from community agencies or other federal and state programs, unless such goods or services are shown to be unavailable.

(7) If a fee waiver is contemplated, the duration of the proposed waiver. A fee waiver shall be subject to availability of funding and shall normally be limited to a sum certain; for example, $250 security deposit plus $100 utilities deposit for a total fee waiver of $350.

(8) Relationship of the proposed transfer or fee waiver to the client’s PASS, PASS-ND, Independent Living or other case plan. The proposed transfer or fee waiver must be directly related to the goal(s) in the plan in one or more of the following ways:

(a) The client’s interests and abilities in relation to the goals expressed in the plan need to be assessed in order to determine if the goals are realistic;

(b) The client’s vocational assessment supports the goals, but the client needs remedial tutoring or classes in specified areas, along with books, supplies or transportation;

(c) As shown by the client’s vocational assessment or academic record, remedial classes are not necessary, but the client needs funding for such things as tuition, fees, books, supplies, supported employment services, attendant or child care expenses, equipment, tools, or uniforms for school, training or to do a job;

(d) The client’s academic record, interests, and motivation clearly support the client’s college potential and justify funding of a prepaid college tuition plan;

(e) The client’s independent living plan includes realistic and practical means for continuing to finance an apartment and other living expenses. In this regard, a fee waiver or change in allowance can be granted to enable the child to accumulate savings as part of the articulated plan for the child’s use upon discharge from foster care.

(9) If the child is applying for an increased personal or foster care allowance, he or she must be able to demonstrate either that his or her necessary expenses are greater than the current foster care or personal allowance or that he or she is incurring increased expenses for clothing, recreational needs or activities, transportation, or other expenses related to the child’s age, current activities and interests (for example, expenses related to sports activities). Approval of requests for increased allowance are subject to availability of funding.

Rulemaking Authority 402.17(1)(a)9. (1996 Supp.), 402.33(2), (7)(a) FS. Law Implemented 402.17, 402.17(2)(c), 402.33 (1996 Supp.) FS. History–New 4-6-99. Amended _________________.

 

65C-17.005 Fee Waiver and Change in Personal Allowance Procedures.

(1) Notice regarding the clients client’s ability to request a fee waiver for cost of care or a change in the foster care or personal allowance must shall be filed with the court with the completed Notice of Fee Assessment and Rights of Foster Child, form CF-285D, which is incorporated by reference in Rule 65C-17.004, F.A.C. at the time the Master Trust is established and with each judicial review thereafter. provided in DCF Form 285D, October, 1997, which is incorporated by reference herein (form is available at the Central Program Office, 1317 Winewood Blvd., Building 7, Tallahassee, Florida 32399-0700), at the time of each judicial review to the child, the child’s guardian ad litem (if appointed), the child’s attorney (if appointed), the child’s parents (unless parental rights have been terminated), the child’s foster parents, and the child’s department caseworker. A copy of the notice shall also be filed with the court.

(2) Requests for fee waiver or a change in the foster care or personal allowance must shall be directed through the lead agency to the Department to the district fee waiver review committee, utilizing the Application for Review of Assessed Fee and Committee Findings, form CF 285E, (insert date) incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. CF Form 285, November, 1997, which is incorporated by reference herein (form is available at the Central Program Office, 1317 Winewood Blvd., Building 7, Tallahassee, Florida 32399-0700). The request must be case specific and individualized. The person making the fee waiver or change in foster care or personal allowance request shall attach receipts, bills, certified statements or other documentation necessary to substantiate the request.

(3) The request must specify the period of time for which the request is being made. The request must include all documentation necessary to substantiate the request including, a copy of the Master Trust Expenditure Plan, an itemized budget, vendor quotes or estimates, bills, certified statements. If the client receives SSI benefits, the Master Trust Expenditure Plan must reflect that the funds that would accumulate upon approval of the fee waiver or change in personal allowance will not exceed the maximum countable $2,000 resource limit. The district fee waiver committee shall be composed of no less than three district staff members appointed by the district administrator or designee, but shall not include the direct service worker assigned to the client’s case, an individual acting as an advocate of the client, or any person who may have a conflict of interest. The composition of the committee shall be balanced as to representation from fiscal, program, and operations staff.

(4) The fee waiver review must shall be conducted by the committee within 30 calendar days from receiving a request with all required documentation. The committee chair must submit the committee recommendation to the Department for approval. Within 10 calendar days of receiving the committee recommendation, the Department must review the recommendations of the committee and provide a decision of approval or denial of the request. in accordance with the guidelines in Rule 65C-17.004, F.A.C. The chairman of the fee waiver committee shall be responsible for audiotaping the proceeding and ensuring that the client’s fiscal file or other location designated by the district. Non-departmental participants shall be required to sign the Certificate and Affidavit of Understanding located at the end of CF Form 285E (form is available at the Central Program Office, 1317 Winewood Blvd., Building 7, Tallahassee, Florida 32399-0700).

(5) If the fee waiver or the change in foster care or personal allowance request is denied, in whole or in part, the party requesting the fee waiver or change in foster care or personal allowance must be notified in writing. After notification, the party has the right to request an administrative hearing within 21 days of the date of denial, pursuant to Chapter 120, F.S. The party making the request must be notified in writing of the denial.

(6) If the fee waiver or change in personal allowance request is approved, Application for Review of Assessed Fee and Committee Findings, form CF 285E, must indicate the effective date, duration, and amount for which the request is approved.

Rulemaking Authority 402.17(1)(a)9. (1996 Supp.), 402.33(2), (7)(a) FS. Law Implemented 402.17, 402.17(2)(c), 402.33 (1996 Supp.) FS. History–New 4-6-99. Amended _______________.

 

The following rules are hereby repealed.

65C-17.006 Department Caseworker and Legal Responsibilities.

Rulemaking Authority 402.17(1)(a)9. (1996 Supp.), 402.33(2), (7)(a) FS. Law Implemented 402.17, 402.17(2)(c) (1996 Supp.) FS. History–New 5-18-03. Repealed ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Darlene Rock, Jennifer MacDonald

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 15, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 7, 2024