The proposed amendments to the rule clarify residency policy to provide Temporary Cash Assistance (TCA) for citizen children born to noncitizen parents. Technical and non-substantive changes in the rule are included.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program

RULE NO: RULE TITLE
65A-4.208: Need
PURPOSE AND EFFECT: The proposed amendments to the rule clarify residency policy to provide Temporary Cash Assistance (TCA) for citizen children born to noncitizen parents. Technical and non-substantive changes in the rule are included.
SUMMARY: The proposed amendments clarify residency requirements for TCA.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 414.095(18), 414.45 FS.
LAW IMPLEMENTED: 414.095(2)(a), (b), (5), (14) 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: June 9, 2008, 1:30 p.m.
PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, Florida 32399-0700
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Keil, ACCESS Florida Program Policy, 1317 Winewood Boulevard, Building 3, Tallahassee, Florida 32399-0700, Telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

65A-4.208 Need.

(1) The Department determines fFinancial eligibility is determined by a comparingson of the income, assets and needs of standard filing unit members to the eligibility/payment standard applicable to the assistance group as in Section 414.095(12)(11), F.S., that is applicable to the assistance group.  Assistance group members are always members of the standard filing unit and their income, assets and needs are counted.  The income and assets of standard filing unit members who are not part of the assistance group are counted, but their needs are not.

(2) Application for Temporary Cash Assistance: A specific ACCESS Florida Application, CF-ES Form 2337, May 06, incorporated by reference; or an ACCESS Florida Web Application, CF-ES Form 2353, Mar 06, incorporated by reference, available on the Department’s Internet site at www.myflorida.com/accessflorida. The CF-ES 2353 is only accepted electronically. An application must include at least the individual’s name, address and signature to initiate the application process. Household members who are ineligible, or who are not applying for benefits, may be designated as non-applicants.

(2)(3) For Ttemporary Ccash Aassistance (TCA), the following individuals are included in the assistance group:

(a) The minor child(ren) for whom assistance is requested, provided they must meet all non-financial state and federal Temporary Assistance to Needy Families (TANF)/TCA eligibility criteria pursuant to Public Law 104-193, Ssection 401(a)(1) and Ssection 408(a)(1)(A)(i), 45 C.F.R. §233.10, 45 C.F.R. §233.90(c)(v)(A), 45 C.F.R. §233.107, and Sections 414.095(2) and (14)(15), F.S. The term “in a setting approved by the Ddepartment” set forth in Section 414.095(2)(a)4., F.S., means a Ddepartment-approved adult-supervised supportive living arrangement for an unwed minor child and their dependent child(ren) pursuant to 45 C.F.R. §233.107 and Section 414.095(14)(15), F.S.

(b) The parent(s), provided the parent meets all non-financial TCA temporary cash assistance eligibility criteria.

(c) All minor siblings (including half-brothers and half-sisters) living with the child for whom assistance is requested or if not living with such child, all minor siblings who are determined to be temporarily absent from the home by the Ddepartment, provided the siblings meet all TCA temporary cash assistance non-financial eligibility criteria.

(3)(4) The following individuals are included in the standard filing unit. However, their needs are not counted, and they are not included in the assistance group.

(a) The parent(s) who is not eligible to be included in the assistance group due to non-financial reasons, but who is living in the home with the child, or if not living with such child, is deemed to be temporarily absent by the Ddepartment.

1. The individual must be a resident of Florida. Individuals who are in the United States with certain temporary visas may be considered residents of the state if they indicate their intent to remain in Florida and can verify residency. The temporary visa must be in one of the following classifications: treaty traders and investors and their families; foreign students; international organization representatives and individuals and their families and servants; temporary workers including agricultural workers; or members of foreign press, radio, film or other informational media and their families.

(b) A 16-18 year old who is not in school and who refuses to participate in the TCA employment and training program, unless good cause exists for non-participation in the employment and training program or school prescribed in Rule 65A-4.2131, F.A.C.

(4)(5) For TCA temporary cash assistance, the following individuals shall be included in the assistance group, at the option of the parent or specified relative:

(a) Stepbrothers, stepsisters or other children in the home who meet all TCA temporary cash assistance non-financial criteria.

(b) through (c) No change.

(5)(6) For TCA temporary cash assistance, the following individuals cannot be included in the assistance group or standard filing unit:

(a) Individuals receiving Supplemental Security Income (SSI) benefits;

(b) through (c) No change.

(d) Individuals who are receiving assistance under the Refugee Assistance Program (RAP) or the Cuban/Haitian Entrant Program (CHEP);

(e) through (f) No change.

(6)(7) When a parent or caretaker relative whose needs are counted is on strike, the entire assistance group is ineligible for TCA temporary cash assistance.

(7)(8) The needs of an unwed minor parent who resides with their parent, and the needs of the minor parent’s child will be included in the same benefit grant, unless the minor parent also qualifies as an eligible dependent child in their parent’s benefit grant. If a minor parent’s child is included in the grandparent’s benefit grant then the needs of the minor parent must also be included in the same benefit grant. If a minor parent is included in the parent’s benefit grant, the minor parent will not receive a separate benefit grant for the minor parent’s child.

(8)(9) The needs of an unwed minor parent and the unwed minor parent’s child who reside with a specified relative (not the parent) must be included in the same benefit grant, unless the relative receives assistance for one or more siblings of the unwed minor parent. When the needs of the siblings of an unwed minor parent are included in the specified relative’s benefit grant, the needs of the unwed minor parent must be included in the relative’s benefit grant. If the needs of the minor parent are included in the specified caretaker relative’s benefit grant, the minor parent will not receive a separate benefit grant for their child. Their child’s needs will be included in the specified caretaker relative’s benefit grant.

(9)(10) No change.

(10)(11) A relative caregiver may self-refer, or be referred, or self-refer, to the Relative Caregiver Program (RCP) using CF-ES Form 2305, Relative Caregiver Program Request for Eligibility Consideration, Oct 05 Sep 02, incorporated by reference in Rule 65A-1.400, F.A.C., or by using the CF-ES 2353 or CF-ES 2337.

(11) Copies of the CF-ES 2305 are available from the ACCESS Florida Headquarters Office, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, or on the Department’s web site at http://www.dcf.state.fl.us/publications/.

Specific Authority 414.095(18), 414.45 FS. Law Implemented 414.095(2)(a), (b), (5), (14)(15) FS. History–New 1-11-98, Amended 5-10-05, 6-29-06,__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Nathan Lewis
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jennifer Lange
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 25, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 25, 2008