The Proposed Rules will implement section 402.86, Florida Statutes.

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Refugee Services

RULE NOS.:RULE TITLES:

65F-1.001Definitions

65F-1.002Child Welfare Services Qualifications

PURPOSE AND EFFECT: The Proposed Rules will implement section 402.86, Florida Statutes.

SUMMARY: The rules will ensure judges, hearing officers, Department and contracted staff know that the same criteria which apply to children and young adults in Florida’s foster care system and independent living program also apply to an unaccompanied refugee minor receiving federally funded child welfare services from the State.

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 rule’s impact is largely limited to the Unaccompanied Refugee Minors Program. The rules do not set forth new requirements that are not already addressed by 45 C.F.R. Parts 400 & 401 and §402.86, Florida Statutes.

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: 402.86(2) FS.

LAW IMPLEMENTED: 402.86(1) 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: Yolanda Coto, Senior Attorney, 401 NW 2nd Avenue, Suite N-812, Miami, Florida 33128, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65F-1.001 Definitions.

(1) “Child welfare services,” as used in this rule, means foster care and all related services and benefits available to children in Florida’s foster care and to young adults who remain qualified for independent living transition services.

(2) “Unaccompanied refugee minor” means an unaccompanied minor, as defined in 45 C.F.R. 400.111, who has met the federal eligibility standards for placement into the Unaccompanied Refugee Minor Program (URMP). Only unaccompanied refugee minors are eligible for child welfare services through the URMP.

(3) “Unaccompanied Refugee Minor Program” (URMP) means the federally funded and state administered program under 45 C.F.R. Parts 400 and 401 and Section 402.86 of the Florida Statutes established to secure custody over an unaccompanied refugee minor and to provide the same range of child welfare services available to other children and young adults in Florida.

Rulemaking Authority 402.86(2) FS. Law Implemented 402.86(1) FS. History–New_________.

 

65F-1.002 Provision of Child Welfare Services.

Unaccompanied refugee minors are eligible, within the meaning of 45 C.F.R. 400.116(a), for the same range of child welfare services and according to the same standards as are provided to other children and young adults in Florida’s foster care. Allowable child welfare services may include foster care maintenance payments, medical assistance, support services, services identified in the State's plans under titles IV-B and IV-E of the Social Security Act; services permissible under title XX of the Social Security Act; and expenditures incurred in establishing legal responsibility. Time an unaccompanied refugee minor spends in custody of the U.S. Department of Health and Human Services' Office of Refugee Resettlement shall be considered time spent in foster care for purposes of receiving child welfare services including, but not limited to, independent living transition services described in Section 409.1451, F.S.

Rulemaking Authority 402.86(2) FS. Law Implemented 402.86(1) FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hiram Ruiz, Director, Refugee Services Program

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David Wilkins, Secretary of the Department of Children and Families

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 10, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 19, 2013