The Department is amending the rule to include citations that determine Food Assistance Program case processing. The Department is also amending the text to simplify the language.

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Economic Self-Sufficiency Program

RULE NO.:RULE TITLE:

65A-1.602Food Assistance Program Case Processing

PURPOSE AND EFFECT: The Department is amending the rule to include citations that determine Food Assistance Program case processing. The Department is also amending the text to simplify the language.

SUMMARY: The citations were amended to provide the full scope of Food Assistance eligibility determinations and to acknowledge the Department is no longer using Food and Nutrition Service Waiver No.: 2030051. Changes to the rule must go through the rulemaking process.

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 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 considered the factors in Section 120.541, F.S. The proposed rule is not expected to exceed the criteria in paragraph 120.541(2)(a), F.S., therefore, legislative ratification is not required under subsection 120.541(3), F.S.

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: 414.45 FS.

LAW IMPLEMENTED: 402.82, 414.31, 414.32 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: May 28, 2014, 10:00 a.m., EST

PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, Florida 32399-0700

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Bob Hoelzle, Economic Self-Sufficiency Program, [phone], 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bob Hoelzle, Economic Self-Sufficiency Program, [phone], 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65A-1.602 Food Assistance Program Case Processing.

(1) Food Assistance Program case processing is done in accordance with the eligibility determination process in Rule 65A-1.205, F.A.C., and in 7 CFR 271.2, 273.1 – 273.18, 273.24 and 273.25.7 CFR 273.2.

(2) Responsible Member is defined as any member of the Standard Filing Unit (SFU) capable of representing the Assistance Group (AG) by providing sufficient and accurate information concerning the AG circumstances.

(3) Authorized Representative is defined as an adult non-household member authorized to represent the household during an interview. The authorized representative must be appointed in writing by the head of the AG, the spouse or responsible household member.

(4) 24-Month Certification Periods Reporting Requirements: Apply to AGs in which all members of the SFU meet all of the following criteria:

(a) Are elderly or disabled;

(b) Do not have any earned income; and

(c) Have stable financial circumstances.

(5) Able Bodied Adults Without Dependents (ABAWD). ABAWDs are required to report whenever their hours of employment are less than 20 hours per week, averaged monthly. They may have their certification period shortened in order to comply with the time limit provisions assigned to them.

(6) Simplified Reporting (SR): Simplified Reporting is implemented pursuant to 7 CFR 273.12(a)(5) without a waiver and applies to all AGs except those that meet the criteria in subsection (4) or (5). AGs assigned to the SR category will have a six-month certification period except for those that meet the criteria in subsection (4). AGs assigned to SR are only required to report a change in income and circumstances during the certification period when an income change causes their gross income to exceed 130 percent of the Federal Poverty Level for their AG size. Gross income means the amount of all earned and unearned income before any deductions, such as taxes, are applied. The change in income must be reported within the first ten days of the month, following the month of change. Voluntarily reported changes will be processed as a required change when received and verification is provided according to regular food assistance processing procedures. The food assistance reporting requirements, per 7 CFR 273.12(a)(5)(v), do not change the reporting requirements for other programs such as Medicaid and Temporary Cash Assistance.

(7) Child Support Enforcement (CSE) Cooperation. In accordance with Section 414.32, F.S. and 7 CFR 273.11(o)(1), Child Support Enforcement cooperation by a custodial parent or caretaker relative is required as a condition of eligibility for their food assistance when an absent parent exists in accordance with Section 414.32, F.S,. and 7 CFR 273.11(o), unless good cause for non-cooperation exists. For the purposes of this section, “absent parent” is defined as a putative or identified noncustodial parent of a child under 18 years of age.

(a) When an application for benefits is received, iInformation on good cause criteria will be provided when application for benefits is received being made using CF-ES Form 2641, Claim Notice Good Cause for Refusal to Cooperate, 4/2014 May 05, incorporated by reference.

(b) Right to Claim Good Cause. The right to claim good cause exists when cooperation in establishing paternity of a child born out of wedlock or in establishing, modifying, or enforcing a support order for the child or the parent or caretaker relative and the child may not be against in the best interests of the child, or the parent, or the caretaker relative and the child pursuant to 7 CFR 273.11(o)(2)(i)(B) and (C), and (2)(iii) (1)(i), (iii), or (iv) and (2), or if cooperation is expected to result in at least one of the following:. In accordance with Rule 12E-1.008(5) and (5)(c)1.-4., F.A.C., good cause shall be determined by the Department on food assistance only cases when the recipient provides sufficient documentation to justify the claim of good cause.

1. Physical harm to the child – examples are broken bones, bruises, burns, lacerations, etc.,

2. Emotional harm to the child – examples are poor school performance, sleep disturbances, self-destructive behavior, eating disorders, etc.,

3. Physical harm to the custodial parent or caretaker relative which reduces their capacity to care for the child adequately (such as broken bones, bruises, burns, lacerations, or life threatening injury),

4. Emotional harm to the custodial parent or caretaker relative to such a degree that their capacity to adequately care for the child is diminished (such as psychological disorder or dysfunction which has a serious negative impact on their ability as a caretaker),

5. The child was conceived as a result of incest or rape,

6. Legal proceedings for the adoption of the child are pending before a court, or

7. The custodial parent or caretaker relative is being assisted by a public or licensed private social agency to determine whether or not to relinquish the child for adoption (this circumstance is valid for three months).

(c) Upon determination by the Ddepartment that the custodial parent or caretaker relative’s failure to cooperate was without good cause, the application will be denied or a food assistance penalty will be imposed for the non-cooperative individual only and a notice of adverse action will be mailed to the individual pursuant to 7 C.F.R. 273.11(o)(3) and (4). The non-cooperative individual’s income will be prorated and their assets will be counted in full in determining eligibility for the remaining AG members. The remaining AG members meeting eligibility requirements may be approved. The non-cooperative individual will be excluded until verification of CSE cooperation is received by the Ddepartment.

(d) Upon verification that the individual is cooperating with CSE and all other eligibility requirements have been met, action will be taken to add the individual to the AG or to remove the sanction and reinstate food assistance benefits pursuant to 7 C.F.R. 273.11(o)(5).

(8) Food assistance benefits are issued through the Electronic Benefit Transfer (EBT) system.

(9) Benefit Availability.

(a) Food assistance availability dates are staggered over the first 15 days of each month. Benefit availability to AGs is based on the terminal digits of the AG’s case number. AGs are able to receive their monthly allotment on their assigned availability date or any subsequent day in that month. Food assistance benefits placed in the EBT account may be accessed for 365 days after the date of their initial availability in the account.

(b) The EBT system supports mass overrides of benefit availability dates in instances of disasters or other emergencies. This permits individuals in areas where hurricanes or other disasters are threatening to be able to access their benefits earlier to prepare for such events.

Rulemaking Authority 414.45 FS. Law Implemented 402.82, 414.31, 414.32 FS. History–New 1-31-94, Formerly 10C-1.602, Amended 7-29-01, 4-17-06,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dianna Laffey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Esther Jacobo

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 23, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 18, 2013