The Department intends to amend rule 65C-28.008, F.A.C., to update two incorporated forms and remove some responsibilities of the child protection investigator and case manager.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.008Relative Caregiver Program Requirements

PURPOSE AND EFFECT: The Department intends to amend rule 65C-28.008, F.A.C., to update two incorporated forms and remove some responsibilities of the child protection investigator and case manager.

SUMMARY: The Relative Caregiver Communication form is renamed the Child Welfare Communication form so that it can be utilized as a universal form for other programs. Additionally, the form now includes a process to notify the Economic Self-Sufficiency program when a family changes from receiving a relative/non-relative caregiver payment to receiving a foster care board payment.

The Application for Nonrelative Caregiver Financial Assistance is amended for clarification and to align with rule and procedures.

Responsibilities of the child protection investigator and case manager already contained in policy are removed from the rule.

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, 39.5085(2)(a) FS.

LAW IMPLEMENTED: 39.5085 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:

65C-28.008 Relative Caregiver Program Requirements.

(1) No change.

(2) Relative Caregiver Program Payments.

(a) through (i) No change.

(j) In addition to monitoring, evaluating and assessing services and progress of the case plan and keeping the court informed through periodic judicial reviews, the child protective investigator (CPI) at time of initial placement or case manager at time of a change in placement is responsible for the following steps of the RCP payment eligibility process:

1. Informing the relative caregiver in writing, at the time of the child’s placement, of the financial assistance options, including the RCP payment and TCA grant,

2. Immediately providing a referral to the ESS program to apply for a TCA grant when the relative caregiver indicates a desire to apply,

3. Completing a caregiver home study within 30 days after the case transfer staffing, unless the home study has already been completed by the CPI,

4. Completing court preparation,

5. Notifying the ESS eligibility office in writing immediately when it is determined by the case manager that a child in the household of a relative caregiver may be eligible for the RCP payment, unless the relative has decided to not apply for the payment. This notification shall be made whether or not the relative caregiver is already receiving a TCA payment and shall be prepared on “Relative Caregiver Communication,” CF-FSP 5233, March 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05291, or communicated by electronic means of notification. A relative caregivers’decision to not apply for the RCP payment shall be documented in FSFN,

6. Petitioning the court, as appropriate, for court ordered placement with the relative under section 39.6221 or 39.6231, F.S., and termination of supervision once the child has been in the court ordered placement for a minimum of six (6) months and ensuring service provision; and,

(j)7. The Child Welfare Professional shall notify Notifying the ESS eligibility office when the case manager becomes aware of changes in the active services case of a child in the household of a relative that may impact the RCP payment. This notification shall be made when:

1. through 5. No change.

(k) Relative caregivers 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. through 5. No change.

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 “Relative Caregiver Communication form,”  CF-FSP 5233, (insert date), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref- xxx, incorporated by reference in subparagraph (2)(j)5., of this rule, 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. through b. No change.

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 “Relative Caregiver Communication form,” CF-FSP 5233, incorporated by reference in subparagraph (2)(k)6. (2)(j)5., 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) No change.

(m) When a relative or nonrelative caregiver has been approved as a permanent guardian pursuant to Section 39.6221, F.S. , and wants to apply for relative or nonrelative caregiver funds after the case has closed, court ordered supervision does not need to be reinstated for the approval of an application.

(3) Nonrelative Caregiver Financial Assistance (NCFA).

(a) No change.

(b) Application.

1. Nonrelative caregivers seeking financial assistance must complete an “Application for Nonrelative Caregiver Financial Assistance,” CF-FSP 5398, (insert date) April 2016, incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX 07171.

a. No change.

(c) No change.

(d) Payment.

1. through 4. No change.

5. Nonrelative caregivers are eligible to receive payments effective the day all eligibility requirements specified in the Application for Nonrelative Caregiver Financial Assistance, CF-FSP 5398, incorporated in subparagraph (3)(b)1., of this rule, were met or the day the nonrelative caregiver applied, whichever is later.

6. through 9. No 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. Amended____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeanette Betancourt

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 24, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 11, 2021