The Department intends to amend Rule 65C-28.009, F.A.C., to better outline the required oversight activities and administration of services for children in out-of-home care ages 13 and up, as those services directly impact their transition to ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.009Transition to Adulthood

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-28.009, F.A.C., to better outline the required oversight activities and administration of services for children in out-of-home care ages 13 and up, as those services directly impact their transition to adulthood.

SUMMARY: The amendments require (1) beginning at age 13, assessments of the child’s life skill competency; (2) beginning at age 14, an annual evaluation of the child’s consumer credit history and case plan development in consultation with the child; (3) beginning at age 15, the opportunity for the child to obtain a driver’s license or learner’s permit; (4) beginning at age 16, assistance to the child in developing a transition plan; and (5) beginning at age 17, specified documentation must be provided to the child.

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, 39.0121(13), 39.4091(4), 409.145(5), FS.

LAW IMPLEMENTED: 39.4091, 39.6012(3)(c), 39.6035, 39.6251, 39.701, 409.145, 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:

 

Substantial rewording of Rule 65C-28.009 follows. See Florida Administrative Code for present text.

65C-28.009 Transition to Adulthood.

(1) Beginning at age 13, children and young adults in out-of-home care require additional support and coordination necessary to develop the skills to successfully transition to adulthood. The additional supports and coordination are typically provided through independent living services programs; however, most life skills will be developed through normal day to day activities in the children and young adults natural living environments.

(a) Independent living services may also be referenced as transitional services. These types of services encompass a range of assistance categories, all geared toward preparing children and young adults for independence. The categories of programs and services to prepare for the transition to a successful adulthood include independent living needs assessment, academic support, post-secondary educational support, career preparation, employment programs or vocational training, budget and financial management, housing education and home management training, health education and risk prevention, family support and health marriage education, mentoring and, when young adults are eligible supervised independent living, room and board financial assistance, education financial assistance, and other financial assistance.

(b) Children and young adults with physical, intellectual, emotional, or psychiatric conditions shall be provided with an equal opportunity to develop life skills and, if eligible, participate in the continuum of independent living services.

(c) Community-based care lead agencies (CBCs) must ensure children and young adults are assessed and provided with age or developmentally appropriate training opportunities to develop independent living skills. 

(d) Both independent living informal and formal needs assessments of life skill competency must be completed to determine the child’s or young adult’s strengths and needs.

1. Informal assessments shall be conducted during routine home visits to evaluate progress of the skills developed based on the child’s or young adult’s participation in age-appropriate life activities as defined in sections 39.4091 and 409.145, F.S.

2. Formal assessments shall be administered using a practice tool designed to take inventory of independent living skills and assess independent living skills competency.

a. At minimum, formal independent living needs assessments shall be administered annually beginning at age 16 years of age. 

b. The outcome of the assessment shall be the basis of an individualized life skills plan that details the activities needed for a child’s and young adult’s preparation to adulthood.

3. In addition to self-disclosure from the child or young adult on the development of skills, a statement regarding the progress shall also be received from the caregiver and provided in a social study report for judicial review. If a young adult is not living with a caregiver, a statement on the progress from the child welfare professional must be included in the social study report for judicial review.

4. Life skill deficiencies identified through informal and formal assessments shall be included in a case plan and when applicable in the transition plan.

5. Formal and informal assessments shall be uploaded into the Florida Safe Families Network (FSFN.)

(2) Beginning at age 14, children and young adults in out-of-home care require an evaluation of their consumer credit history annually to check for accuracy. 

(a) CBCs must ensure credit reports are obtained for each eligible child and young adult from each of the three main reporting agencies: Transunion, Equifax, and Experian.

(b) CBCs must ensure a copy of the results is provided to the child or young adult.

(c) CBCs must ensure assistance is provided regarding interpreting the results of the credit report and when needed assisting in resolving any inaccuracies.

(d) Credit reports shall be uploaded into FSFN.

(3) Beginning at age 14, any case plan development must be in consultation with the child or young adult.

CBCs must ensure the case plan includes a document regarding the rights of the child or young adult to education, health, visitation, court participation, and safety.

(4) Beginning at age 15, children and young adults shall be provided the opportunity to obtain a driver’s license or learner’s permit.  CBCs must ensure that efforts to assist the youth in obtaining a driver’s license or learners permit are reported to the court.

(5) Beginning at age 16, children shall be assisted with developing a transition plan which is to be finalized and filed with the court at the 17-year-old’s judicial review hearing required by section 39.701(3), F.S.

(a) Children with an identified permanency goal of Another Planned Permanent Living Arrangement (APPLA) must have the court’s determination that APPLA is the best permanency plan for the child and why it is not in the child’s best interest to return home, be adopted, or be placed with a legal guardian or fit and willing relative.

(b) The child welfare professional shall request the court order include the following:

1. The court’s inquiry of the child regarding the desired permanency outcome;

2. A finding that the CBC has made ongoing efforts to return the child home or secure a placement with a fit and willing relative, a legal guardian, or an adoptive parent;

3. A description of how the child’s current placement is following the reasonable and prudent parent standard; and

4. A finding that the CBC has provided the child with opportunities to engage in age or developmentally appropriate activities.

(6) Beginning at age 17, children are to be provided with the records and resources listed in subparagraphs 39.701(3)(a)1.-15., F.S.  A social study report that supports the exchange of the required records and resources must be filed with the court.

(7) Compliance with subsections (2) through (6) shall be documented in FSFN.

Rulemaking Authority 39.012, 39.0121(7), (13), 39.4091(4), 409.145(5), FS. Law Implemented 39.4091, 39.6012(3)(c), 39.6035, 39.6251, 39.701, 409.145, 409.701(3) FS. History–New 5-4-06, Amended 5-8-16,______

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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 29, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 9, 2019