The Department intends to amend 65C-16.013 and 65C-16.0131 F.A.C. to add provisions for termination of the maintenance adoption subsidy/extension of maintenance adoption subsidy.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-16.013Determination of Maintenance Subsidy Payments

65C-16.0131Determination of Extension of Maintenance Subsidy Payments

PURPOSE AND EFFECT: The Department intends to amend 65C-16.013 and 65C-16.0131 F.A.C. to add provisions for termination of the maintenance adoption subsidy/extension of maintenance adoption subsidy.

SUMMARY: The amendments include the following: (1) allows termination of the maintenance adoption subsidy/extension of maintenance adoption subsidy when an eligibility determination is made erroneously; (2) allows termination of the extension of maintenance adoption subsidy when the young adult elects to no longer participate in the program; and (3) identifies where documentation should be captured.

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.

A SERC has not been prepared.

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: 409.166(8) F.S.

LAW IMPLEMENTED: 409.166(4) F.S.

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: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-16.013 Determination of Maintenance Subsidy Payments.

(1) No change.

(2) The child’s and the family’s need for subsidy must be determined prior to the adoptive placement. A family who enters into their initial subsidy agreement when the child is 16 or 17 years of age must make an election on the initial “Adoption Assistance Agreement” of whether or not to participate in the Extension of Maintenance Adoption subsidy program. No subsidy payment may be made prior to all parties signing the “Adoption Assistance Agreement,” CF-FSP 5079, (insert date) PDF October 2010, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX http://www.flrules.org/Gateway/reference.asp?No=Ref-06974.

(a) through (c) No change.

(3) through (7) No change.

(8) A maintenance subsidy may be negotiated up to 100% of the statewide Level II – Level V board rate. A subsidy may exceed 100% of the statewide Level II – Level V board rate when an exception is granted by the Department’s regional managing director or designee and documented on the “Maintenance Adoption Subsidy Approval” form CF-FSP 5077, August 2018, incorporated by reference in Rule 65C-16.0131, F.A.C. Requests for exceptions must be in writing. In determining whether to grant an exception, the Department the regional managing director or designee shall consider the medical, behavioral, and therapeutic needs of the child at the time of the negotiation, as well as the projected long-term needs of the child based on the family and medical history of the child and birth family. In no case shall the subsidy exceed the foster care maintenance payment for which the child is or would be eligible if the child had been in placed in a family foster home. Maintenance subsidy is not intended to cover services which can be obtained through family insurance, Medicaid, Children’s Medical Services, medical subsidy, or through special education plans provided by the public school district.

(9) The “Adoption Assistance Agreement,” incorporated in subsection (2) of this rule, must be signed and dated by all parties prior to the finalization of the adoption and uploaded into the child welfare information system Florida Safe Families Network (FSFN). The effective date of the agreement is the date the child was placed with the family as an adoptive placement and the Memorandum of Agreement to Adopt, CF-FSP 5072, incorporated by reference in paragraph 65C-16.002(2)(c), F.A.C., was signed by the potential adoptive caregiver and the CBC or subcontracted agency. If not completed on the same date, the effective date will be the latter of the two. Payments may not be made for any months in which there is no adoption assistance agreement in place.

(10) through (11) No change.

(12) The adoption subsidy agreement remains in effect until:

(a) through (d) No change.

(e)  The department discovers the child was mistakenly determined eligible for benefits. 

(13) through (16) No change.

Rulemaking Authority 409.166(8) FS. Law Implemented 409.166(4) FS. History–New 2-14-84, Formerly 10M-8.20, Amended 5-20-91, 4-19-94, Formerly 10M-8.020, Amended 12-23-97, 8-19-03, 11-30-08, 7-7-16, 10-30-16, 12-18-16, 9-25-17, 2-5-18, 12-16-18, 8-15-21.Amended _______

 

65C-16.0131 Determination of Extension of Maintenance Subsidy Payments.

(1) through (2) No change.

(3) The young adult and the family’s need for subsidy must be determined prior to the young adult’s 18th birthday and no subsidy payment will be made until after the young adult turns 18 years old and all parties have signed the “Extension of Maintenance Adoption Assistance Agreement Between the Department of Children and Families, Young Adult And Adoptive Parents Regarding Subsidy Payments and Services,” CF-FSP 5433, (insert date) June 2018, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX http://www.flrules.org/Gateway/reference.asp?No=Ref-10103.

(a) through (c) No change.

(4) through (6) No change.

(7) An Extension of Maintenance Adoption Subsidy may be negotiated up to 100% of the statewide Level II – Level V board rate. A subsidy may exceed 100% of the statewide Level II – Level V board rate only when an exception is granted by the Department’s regional managing director or designee and documented on the “Maintenance Adoption Subsidy Approval” form CF-FSP 5077, August 2018, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13407. Requests for exceptions must be in writing. In determining whether to grant an exception, the Department regional managing director or designee shall consider the medical, behavioral, and therapeutic needs of the young adult at the time of the negotiation, as well as the projected long-term needs of the young adult based on the mental health, substance use and/or misuse, and medical history of the young adult and birth family. In no case shall the subsidy exceed the foster care maintenance payment for which the young adult is or would be eligible if the young adult had been placed in a Level II – Level V family foster home. The Extension of Maintenance Adoption Subsidy is not intended to cover services which can be obtained through family insurance, Medicaid, Children’s Medical Services, medical subsidy, or through special education plans provided by the public school district.

(8) The “Extension of Maintenance Adoption Assistance Agreement,” incorporated in subsection (3) of this rule, must be signed and dated by all parties prior to the young adult’s 18th birthday and uploaded into child welfare information system FSFN in the file cabinet located in the post adoption case. The effective date of the agreement is the date the young adult turns 18 years old. Payments may not be made for any months in which there is no Extension of Maintenance Adoption Assistance Agreement in place and/or the child is not participating in a qualifying activity.

(9) No change.

(10) The Extension of Maintenance Adoption Assistance Agreement remains in effect until whichever of the following occurs first:

(a) The young adult reaches 21 years of age.

(b) The young adult no longer meets one of the qualifying activities specified in Section 409.166(4)(d), F.S.

(c) The young adult elects to no longer participate in the program.

(d)(c) The adoptive parents are no longer providing any support to the young adult, the young adult marries, or the young adult enters the military. Support includes emotional and/or financial support, even in situations when the young adult is no longer living in the home.

(e) The department discovers the young adult was mistakenly determined eligible for benefits. 

(f)(d) The young adult dies.

(g)(e) The adoptive parent(s) die.

(11) through (14) No change.

Rulemaking Authority 409.166(8) FS. Law Implemented 409.166(4) FS. History–New 12-16-18, Amended 8-15-21. Amended _______

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Valerie Proctor

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 2, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 25, 2022