In 2013, the Florida Legislature passed Senate Bill 1036 authorizing young adults in foster care, who have not reached permanency before 18 years of age, to remain in care until 21 years of age, or age 22 years of age in the case of a young adult ...  

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    DEPARTMENT OF CHILDREN AND FAMILIES

    Family Safety and Preservation Program

    RULE NOS.:RULE TITLES:

    65C-41.001Definitions

    65C-41.002Application Procedures for Readmission to Extended Foster Care

    65C-41.003Appeals

    65C-41.004Case Management Services For Young Adults in Extended Foster Care

    65C-41.005Judicial Interaction

    65C-41.006Discharge from Program

    PURPOSE AND EFFECT: In 2013, the Florida Legislature passed Senate Bill 1036 authorizing young adults in foster care, who have not reached permanency before 18 years of age, to remain in care until 21 years of age, or age 22 years of age in the case of a young adult with a disability. This legislation substantially amended the following sections of the Florida Statutes: 39.013, 39.6013, 39.701, 409.145, 409.1451, 409.175, and 409.903 and created sections 39.6035 and 39.6251, Florida Statutes. New rule language is required to reflect the extensive changes in the law.

    SUMMARY: The Department of Children and Families intends to implement Senate Bill 1036 in Rule 65C-41, F.A.C., Extension of Foster Care. The new rule will provide definitions of relevant terms; establish an application process; and provide an appeal procedure for young adults determined to no longer be eligible for, or denied readmission into, extended foster care.

    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, 39.6251, 409.1451 FS.

    LAW IMPLEMENTED: 39.6251, 39.701, 409.1451 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 (850)717-4189 or Jodi.Abramowitz@myflfamilies.com

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    65C-41.001 Definitions.

    (1) “Adverse action” means any action by the Department, community-based care lead agency, or its contracted service provider that denies a young adult’s application for readmission to extended foster care, or that discharges a young adult from extended foster care.

    (2) “Designated staff” means a case manager or other staff assigned by the community-based care lead agency or its contracted service provider to work with young adults ages 18 to 23 to handle all matters pursuant to Extended Foster Care and the Road to Independence Program.

    (3) “Extended Foster Care” means the program available pursuant to s. 39.6251, F.S.

    (4) “Fair hearing” means a hearing that is conducted pursuant to the procedural requirements of Rules 65-2.042 through 65-2.069, F.A.C.

    Rulemaking Authority 39.012, 39.0121 F.S. Law Implemented 39.6251, F.S. History–New______.

     

    65C-41.002 Application Procedures for Readmission to Extended Foster Care.

    A young adult may apply for readmission to extended foster care at any time before his or her 21st birthday. Prior discharge from the program is not a barrier to readmission. A young adult shall be readmitted provided the young adult meets the eligibility requirements of s. 39.6251, F.S.

    (1) Applications for readmission must be readily available to young adults. The application form to be used is “Application for Readmission into Extended Foster Care,” CF-FSP 5377, August 2014, incorporated by reference, and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. A community-based care lead agency may add its logo to form CF-FSP 5377.

    (2) To reenter extended foster care, the young adult must complete the Application for Readmission into Extended Foster Care and provide proof of participating in a qualifying activity. Designated staff shall offer to assist the young adult with completing the application and/or obtaining necessary documentation.

    (3) If the young adult does not meet eligibility requirements, designated staff shall offer to assist the young adult in choosing and enrolling in a qualifying activity.

    (4) All young adults with diagnosed disabilities or mental health needs shall be provided an equal opportunity to participate in extended foster care. A young adult with diagnosed disabilities or mental health needs may need additional support; therefore, the designated staff will work in consultation with all of the young adult’s service providers, guardian ad litem, and attorney, if applicable.

    (5) The young adult must be notified within 10 business days of submitting the application whether the application was approved or denied, or whether additional information, including supporting documentation, is needed.

    (a) The decision to approve or deny shall be based solely on whether the young adult meets the requirements of s. 39.6251, F.S.

    (b) If the decision is to readmit the young adult into extended foster care, within three (3) business days, the case manager shall request the Children’s Legal Services attorney or legal representative of the Department to petition the court for reinstatement of jurisdiction.

    (c) If the decision is to deny the application for extended foster care, the community-based care agency shall provide a “Notice of Denial for Readmission into Extended Foster Care,” CF-FSP 5410, May 2015, incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx , and an “Application for Aftercare Services,” CF-FSP 5391, May 2015, incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. A community-based care lead agency may add its logo to forms CF-FSP 5391 and CF-FSP 5410.

    (d) If additional information is needed, the young adult shall have 10 business days from notification to submit the information. Designated staff shall offer to assist the young adult in obtaining the additional information. If the young adult fails to provide the additional information, the young adult will be denied readmission into extended foster care.

    Rulemaking Authority 39.012, 39.0121, 39.6251, 409.1451 F.S. Law Implemented 39.6251, 409.1451 F.S. History–New_____.

     

    65C-41.003 Eligibility Requirements.

    (1) Section 39.6251, F.S., sets forth the eligibility requirements for a young adult to remain in extended foster care.

    (2) A young adult is considered to have been living in licensed care on the date of his or her 18th birthday if the young adult was in the legal custody of the Department on the date of his or her 18th birthday.

    (3) To meet the educational requirements set forth in s. 39.6251(2)(a)-(b), F.S., the young adult must comply with the academic and attendance requirements of his or her particular educational institution.

    (4) If the young adult’s qualifying activity is employment, the young adult must be employed at least 80 hours per month. Due to the nature of scheduling of flexible or part-time shifts and seasonal employment, the community-based care lead agency may determine the young adult meets this requirement over an aggregate time period of the previous 90 days.

    (5) To meet the requirements of participating in a program or activity designed to promote or eliminate barriers to employment, the young adult must comply with the attendance requirements of the program or activities documented in the young adult’s transition plan.

    (6) A young adult may change qualifying activities and remain in extended foster care. A change of qualifying activity shall not require a new application, although it shall require the designated staff to amend the young adult’s transition plan and may require the designated staff to amend the case plan.

    (7) If a young adult is unable to participate full-time in a program or activities listed in s. 39.6251(2)(a)-(d), F.S., due to a physical, intellectual, emotional, or psychiatric condition that limits participation, the young adult’s case manager shall:

    (a) Assist the young adult in securing supporting documentation of the condition; and

    (b) Develop or amend the transition plan to address the condition and the accommodations or modifications to be implemented to achieve the goals of the young adult as included in the case plan.

    (8) Participation by the Young Adult in Case Management and Judicial Proceedings. In addition to engaging in one or more of the qualifying activities set forth in s. 39.6251(2), F.S., the young adult must participate in on-going supervision by case management and is encouraged to participate in judicial review and permanency hearings.

    (a) The young adult must sign necessary releases to enable the case manager to document the young adult’s participation in the qualifying activity or activities.

    (b) The case manager must consult with the young adult in drafting the case plan.

    (c) In preparation for each judicial review hearing, the case manager must collaborate with the young adult in preparing the Judicial Review Social Study Report (“JRSSR”).

    (9) Residing in the Approved Living Arrangement. The young adult must reside in a supervised living arrangement that is approved by the community-based care lead agency and acceptable to the young adult.

    (a) Whether a living arrangement will be approved shall be decided by designated staff on a case-by-case basis, taking into consideration the needs and desires of the young adult and the level of supervision and support the young adult requires.

    (b) The community-based care lead agency may withhold approval for a living arrangement requested by the young adult if the living arrangement jeopardizes the young adult’s safety and well-being.

    (c) In addition to the types of living arrangements permitted by s. 39.6251(4), F.S., the living arrangement may also include housing provided by the U. S. Military, housing provided by the Agency for Persons with Disabilities, housing for victims of human trafficking, or housing included as a component of service by any other service provider.

    (d) A young adult who may require continued, intensive therapeutic or medical care will be assessed to determine his or her needs and the most appropriate living arrangement, and services will be sought by the case manager in consultation with the young adult and the young adult’s team of service providers, guardian ad litem, and attorney, if applicable.

    (e) A young adult may share housing with other persons provided the requested living arrangement meets the assessed levels of supervision and services for every household member who is in the extended foster care program. The community-based care lead agency must approve all roommates based on its assessment of the young adult’s needs and safety concerns. The community-based care lead agency is not responsible for any portion of the expenses of any roommate who is not receiving extended foster care services.

    (f) Once a living arrangement has been approved, the young adult must notify the case manager of any changes in circumstances in the living arrangement, including a change of occupants or a planned absence from the home as set forth in the transition plan.

    (g) The young adult and foster parent, primary caregiver or group home provider shall discuss and agree upon the length of any permitted absence of the young adult from his or her approved living arrangement. The young adult and the foster parent, primary caregiver or group home provider shall determine jointly the protocol for notification of such absences.

    (h) In the event the extended foster care living arrangement is obtained before the young adult reaches age 18, the case manager shall make scheduled visits with the young adult to the new approved living arrangement as a part of the transition.

    Rulemaking Authority 39.012, 39.0121 F.S. Law Implemented 39.6251, 39.701 F.S. History–New_________.

     

    65C-41.004 Transition and Case Plans.

    (1) Transition planning

    (a) Transition planning must begin within 180 days of the young adult’s 17th birthday or within 30 days of being placed into licensed foster care after that date. The transition plan must be completed at least 90 days prior to the young adult’s 18th birthday, or as soon as possible for any young adult who enters licensed foster care after that date, and no later than the last judicial review hearing during the young adult’s minority.

    (b) All young adults with diagnosed disabilities or mental health needs shall be provided with an equal opportunity to participate in transition planning. A young adult with a diagnosed disability or mental health need may need additional support; therefore, the designated staff shall work in consultation with the young adult and the young adult’s service providers, guardian ad litem, and attorney, if applicable.

    (c) If the young adult intends to leave extended foster care, the case manager shall discuss with the young adult options for remaining in extended foster care or enrollment in Aftercare or Postsecondary Education Services and Support (PESS). If, after discussion with the case manager, the young adult still intends to leave extended foster care, the case manager shall provide the young adult with the form “My Decision to Leave Extended Foster Care,” CF-FSP 5375, January 2015, which is hereby incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. A community-based care lead agency may add its logo to form CF-FSP 5375. Upon receipt of the completed and signed form, the case manager shall provide the young adult a copy of the completed form.

    (2) Transition and Case Plans. Each young adult in extended foster care must have both a transition plan and a case plan developed by the case manager in consultation with the young adult.

    (a) Transition Plan. The provisions of the transition plan form the basis of the young adult’s case plan and delineate the young adult’s short-term and long-term goals, the young adult’s obligations, and the obligations of the foster parent, caregiver or group home, the case manager, and any other service provider.

    1. The transition plan shall be coordinated with the case plan; however, a change in the transition plan does not require an amendment to the case plan or a return to court unless the change in the transition plan conflicts with a provision of the case plan.

    2. The transition plan shall include an agreement by the young adult to engage in one or more of the qualifying activities required by s. 39.6251(2), F.S., and to live in an approved living arrangement as detailed in the transition plan. The agreement shall also include a provision that the young adult shall sign necessary releases to enable the case manager to verify participation in the qualifying activities.

    3. The transition plan shall address allowance.

    a. Whether an allowance will be provided to the young adult and the amount of the allowance shall be discussed in consultation with the young adult and foster parent, caregiver, or designated staff.

    b. The foster parent or caregiver shall use a reasonable and prudent parent standard to decide whether an allowance will be provided and the amount. The foster parent or caregiver shall make the ultimate decision.

    c. If the young adult does not have a foster parent or caregiver, designated staff shall decide whether an allowance will be provided and the amount based on the level of support the young adult requires. The designated staff shall make the ultimate decision.

    d . The decision and rationale shall be supported by documentation in the young adult's transition plan.

    4. If the young adult is a parent, the transition plan shall address the young adult’s goals and needs in his or her role as a parent, as well as any referrals to service providers.

    5. Amending the Transition Plan. The transition plan may be amended at any time, without court approval, whenever the young adult and the designated staff agree. The plan shall be periodically reviewed and must be updated when necessary prior to each judicial review hearing.

    6. Portability. The services provided under this rule are portable across county lines and between lead agencies.

    a. The service needs that are identified in the original or updated transition plan shall be provided by the lead agency where the young adult is currently residing but shall be funded by the lead agency that initiated the transition plan.

    b. For all young adults in foster care who are in a living arrangement out-of-state or visiting out-of-state, the lead agency with primary case management responsibilities shall provide maintenance payments; case planning, including a written description of all services that will assist the young adult in preparing for the transition from care to independence; as well as regular case reviews that conform with all federal scheduling and content requirements.

    (b) Case Plan. The young adult must have a case plan while in extended foster care.

    1. The case plan must include:

    a. A description of the qualifying activity or activities in which the young adult will engage to maintain eligibility for remaining in extended foster care. If the young adult has chosen an alternate or secondary qualifying activity, it shall be included in the case plan;

    b. A description of the programs and services identified, in consultation with the young adult, to assist the young adult to successfully participate in the chosen qualifying activities, and a designation of who is responsible for providing these programs and services, and who is responsible for paying the costs of such programs and services;

    c. A description of the young adult’s long-term goals for living independently and the services to be provided to assist the young adult in meeting those goals; and

    d. A designation of the permanency goal of transition from care to independent living.

    2. The young adult’s case plan shall be initiated within 30 days of the young adult’s eighteenth birthday or approval of entry into extended foster care, and shall include the young adult’s long-term goals.

    3. The case plan shall be reviewed with the young adult prior to each judicial review hearing, and shall be updated as necessary.

    (3) Provision of Services. The community-based care lead agency must ensure that the young adult is provided necessary services. Necessary services include:

    (a) Those services that are identified in the young adult’s case plan.

    (b) Supervision of the young adult at a level that is consistent with the young adult’s individual educational, developmental and health care needs, permanency plan and independent living goals as assessed with input from the young adult.

    (c) Life skills instruction, counseling, educational support, employment preparation and placement, and development of support networks that are consistent with the young adult’s assessed needs and interests, and with the goals identified by the young adult in the transition plan and case plan.

    (d) Face-to-face contact with the young adult at least monthly, but more often as necessary and as agreed to by both the case manager and the young adult. If the young adult lives outside the service area of his or her community-based care lead agency, monthly contact may occur by telephone.

    (e) Any additional services that are necessary to assist the young adult in eliminating barriers to participation in extended foster care.

    (4) Procedures for a Young Adult Wishing to Remain in Extended Foster Care until the 22nd birthday. A young adult must be actively participating in extended foster care on his or her 21st birthday, and have a documented disability, in order to remain in care until his or her 22nd birthday.

    (a) The case manager for a young adult who has a documented disability shall discuss with the young adult and any designated decision-making authority for the young adult, within 180 days of the young adult’s 20th birthday, whether the young adult wishes to remain in extended foster care after his or her 21st birthday. This discussion shall occur during the transition planning for possible discharge based on reaching the maximum age for participation.

    (b) If the young adult who has a documented disability requests discharge from, or otherwise opts out of continuing in extended foster care beyond the 21st birthday, the case manager shall provide the form “My Decision to Leave Extended Foster Care,” CF-FSP 5375, incorporated in paragraph (1)(c) of this rule, and specify that the young adult has requested discharge from the program on the 21st birthday.

    Rulemaking Authority 39.012, 39.0121 F.S. Laws Implemented 39.6035, 39.6251, 39.701, F.S. History–New______.

     

    65C-41.005 Discharge from Program.

    (1) A young adult shall be discharged from the extended foster care program when the young adult is no longer eligible to participate in the program. In the event the designated staff determines that the young adult is ineligible, the designated staff shall offer to assist the young adult in resuming eligibility requirements and provide to the young adult a “Notice of Discharge from Extended Foster Care,” CF-FSP 5376, May 2014, which is hereby incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. A community-based care lead agency may add its logo to form CF-FSP 5376.

    (a) A young adult shall be discharged from extended foster care when categorical eligibility ends on the earliest of the dates that the young adult:

    1. Reaches 21 years of age or, in the case of a young adult with a disability, reaches 22 years of age;

    2. Knowingly and voluntarily withdraws his or her consent to participate in extended foster care. Withdrawal of consent to participate in extended foster care shall be verified by the court pursuant to s. 39.701, F.S.

    3. Achieves Permanence. Permanence due to a voluntary return by the young adult to his or her legal parent after the age of 18 disqualifies the young adult from participating in extended foster care during the time the young adult is living with that parent. However, in the event that living arrangement fails, the young adult will no longer be considered to have achieved permanence, and the young adult is again eligible for extended foster care.

    (b) Except as provided for in subparagraph (1)(c) of this rule, a young adult shall be discharged from the extended foster care program for failure to participate in one or more qualifying activities set forth in s. 39.6251(2), F.S., unless that failure is based on a documented disability.

    (c) A young adult shall be discharged from the extended foster care program for failure to reside in the approved living arrangement. The length of the young adult’s absence from the approved living arrangement that supports the determination that the young adult is not residing in the approved living arrangement shall be determined during transition planning and documented in the transition plan.

    (2) A young adult may elect voluntary discharge from the extended foster care program. When a young adult indicates to a case manager or designated staff that he or she wishes to leave the program, the case manager or designated staff shall provide the young adult with the form “My Decision to Leave Extended Foster Care” CF-FSP 5375, January 2015, which is incorporated by reference in rule 65C-41.004, F.A.C., and ask the young adult to complete the form and return it to the case manager. The case manager shall inform the young adult of other available services in Postsecondary Education Services and Support and Aftercare Services. When a young adult elects voluntary discharge from extended foster care, or when the young adult is discharged, the case manager shall request that the Children’s Legal Services attorney file a motion to terminate jurisdiction and schedule a court hearing on that motion.

    (3) Before the case manager may discharge a young adult from extended foster care, other than when the young adult voluntarily leaves the program, the case manager must provide the young adult with a written notice that describes all reasons for the discharge and the form “Due Process Rights,” CF/PI 175-74, August 2014, which is incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. A community-based care lead agency may add its logo to form CF/PI 175-74.

    Rulemaking Authority 39.012, 39.0121 F.S. Law Implemented 39.6251, 39.701 F.S. History–New______.

     

    65C-41.006 Appeals.

    (1) The Department, the community-based care lead agency and its contracted service provider staff shall treat all young adults fairly and afford them due process. A young adult applying for or receiving extended foster care services has the right to receive written notice of adverse actions by the Department or its contracted service provider and to resolve issues about eligibility by meeting with representatives of the Department or its contracted service provider or through the fair hearing process. The fair hearing process is available to any young adult who is determined to no longer be eligible for extended foster care, or who has been denied readmission into extended foster care.

    (2) Notice of Adverse Action. The community-based care lead agency shall give timely and adequate written notice to the young adult regarding any decision to deny readmission or terminate participation in extended foster care.

    (a) The notice shall be provided on the form “Notice of Discharge from Extended Foster Care,” CF-FSP 5376, incorporated by reference in 65C-41.00 5(1), F.A.C.

    (b) The notice shall be considered timely:

    1. When the notice concerns an application for readmission into care, if it is delivered to the young adult within 10 business days of the lead agency receiving the application.

    2. When the notice concerns any decision to discharge a young adult from participation in extended foster care, if it is delivered to the young adult at least 30 calendar days before the action described in the notice becomes effective.

    (c) If the young adult becomes eligible for participation in extended foster care prior to the action described in the notice becoming effective, the notice shall be withdrawn.

    (d) A “Request for Fair Hearing,” CF-FSP 5380, August 2014, incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx, and “Due Process Rights,” CF/PI 175-74, incorporated by reference in 65C-41.005(3), F.A.C, shall be attached to the notice. A community-based care lead agency may add its logo to form CF-FSP 5380. 45 C.F.R. §205.10, July 1992, is incorporated by reference and available at http://www.gpo.gov/fdsys/granule/CFR-1997-title45-vol2/CFR-1997-title45-vol2-sec205-10/content-detail.html and www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

    (e) The notice shall be sent by certified mail or provided to the young adult by hand delivery. The notice shall also be sent via e-mail if the young adult has provided an e-mail address. If the young adult has provided a telephone number, designated staff shall call the young adult and advise him or her that the notice has been sent and also is available for pickup at the community-based care office. Documentation of hand delivery and e-mail shall be made in the young adult’s file contemporaneously with the hand and e-mail delivery. The certified mail receipt shall also be placed in the young adult’s file.

    (3) Request for Fair Hearing.

    (a) A young adult shall have 30 calendar days from the date of receipt of the notice of adverse action to request a fair hearing. If the young adult requests the fair hearing within 10 business days of the date of receipt of the notice of adverse action terminating participation in extended foster care, then the young adult shall remain in extended foster care pending the resolution of the fair hearing.

    (b) The request for a fair hearing may be made orally or in writing.

    1. The form “Oral Request for Fair Hearing,” CF-FSP 5381, August 2014, incorporated by reference, shall be used by the case manager or designated staff to document oral requests for a fair hearing. This form is available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. A community-based care lead agency may add its logo to form CF-FSP 5381.

    2. Written requests may be prepared by the young adult on the form “Request for Fair Hearing,” CF-FSP 5380, incorporated in subsection (2)(c) of this rule, or in any other manner the young adult chooses.

    (c) The request for a fair hearing is made on the date the young adult sends a written request for fair hearing by U.S. Mail or e-mail, or hand-delivers the written request to the staff member of the agency (or his or her designee) who sent the notice of adverse action. An oral request for a fair hearing is made on the date the young adult speaks with his or her case manager or designated staff, the community-based care agency providing him or her with independent living services, or the Department of Children and Families, Office of Appeal Hearings in Tallahassee. If the deadline to request a fair hearing is a Saturday, Sunday or state or federal holiday, the request shall be timely if it is made on or before the first business day after the weekend or holiday.

    (4) Transmittal of Hearing Request to the Department or Its Contracted Service Provider.

    (a) Within one (1) business day of receiving the young adult’s request for a fair hearing, staff shall send the request for a fair hearing and notice of adverse action by facsimile or e-mail transmission to the legal representative for the Department and the Office of Appeal Hearings of the Department of Children and Families.

    (b) If a request for a hearing is not sent by the young adult within 30 days, the request shall be forwarded to the Florida Department of Children and Families’ Office of Appeal Hearings with a notation that the request was late.

    (c) Staff shall forward a copy of all documentation supporting the decision regarding participation in extended foster care to the Regional Legal Counsel and the legal representative for the Department within three (3) business days of receipt of the young adult’s request for fair hearing.

    (5) Additional Local Preparation for Fair Hearings.

    (a) The staff person receiving the request shall, within five (5) business days, prepare copies of the young adult’s complete extended foster care file, and copies of the young adult’s case file records from his or her dependency case file during the young adult’s 17th year of age to provide to both the young adult and the legal representative for the Department or its contracted service provider. Staff shall provide the complete file to both the young adult and the legal representative for the Department or its contracted service provider, whether or not a request has been made.

    (b) The designated staff responsible for the young adult’s extended foster care case (the case manager in the county where the young adult’s participation originated) shall coordinate and participate in the fair hearing, even if the hearing takes place in a different county or region. The fair hearing shall take place in the county in which the young adult lives.

    Rulemaking Authority 39.012, 39.0121F.S. Law Implemented 39.6251F.S. History–New_____.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Kirk Brown

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 15, 2015

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 15, 2013

Document Information

Comments Open:
7/24/2015
Summary:
The Department of Children and Families intends to implement Senate Bill 1036 in 65C-41, F.A.C., Extension of Foster Care. The new rule will provide definitions of relevant terms; establish an application process; and provide an appeal procedure for young adults determined to no longer be eligible for, or denied readmission into, extended foster care.
Purpose:
In 2013, the Florida Legislature passed Senate Bill 1036 authorizing young adults in foster care, who have not reached permanency before 18 years of age, to remain in care until 21 years of age, or age 22 years of age in the case of a young adult with a disability. This legislation substantially amended the following sections of the Florida Statutes: 39.013, 39.6013, 39.701, 409.145, 409.1451, 409.175, and 409.903 and created sections 39.6035 and 39.6251, Florida Statutes. New rule language ...
Rulemaking Authority:
39.012, 39.0121, 39.6251, 409.1451 F.S.
Law:
39.6251, 39.701, 409.1451 F.S.
Contact:
Jodi Abramowitz. Jodi can be reached at 850-717-4189 or Jodi.Abramowitz@myflfamilies.com.
Related Rules: (6)
65C-41.001. Definitions
65C-41.002. Application Procedures
65C-41.003. Eligibility Requirements
65C-41.004. Case Planning and Management Reviews
65C-41.005. Discharge from Program
More ...