Continuances

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Rule No.: RULE TITLE
65ER10-14: Continuances
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The number of young adults formerly in foster care who are eligible for Independent Living services continues to increase. However, the FY 2010-2011 program funding allocation cannot be sustained at the previous year's level. Prior to July 1, 2010, Section 409.1451(10), F.S., specifically prohibited the Department from adopting rules relating to the reduction in Road-to-Independence awards. The Legislature amended this sub-section during the 2010 legislative session requiring the Department to adopt rules governing the payments and conditions relating to payments for services to youth or young adults provided under Section 409.1451, F.S.
The Department has the obligation to ensure the equitable treatment of young adults formerly in foster care and to ensure their safety and well-being. The health, safety, and welfare of young adults formerly in foster care are in danger. The inability to fully sustain the needs of these young adults may result in them becoming victims of crimes, homeless and destitute and it could lead to statewide inequitable treatment of these young adults. These changes will provide increased fiscal oversight and accountability at all levels including the Department, Community-Based Care Lead Agencies, and young adults so as to maximize the effective and efficient operation of the Independent Living Program.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The procedure is fair under the circumstances because it ensures equitable treatment of young adults formerly in foster care.
SUMMARY: This rule makes changes to permanent Rule 65-2, relating to continuances for appeal hearings for the Independent Living Services Program.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Marci Kirkland, Office of Family Safety, 1317 Winewood Boulevard, Tallahassee, Florida 32399, Phone: [phone], Email: [e-mail]

THE FULL TEXT OF THE EMERGENCY RULE IS:

65ER10-14 (65-2.059) Continuances.

(1) The hearings officer may in his discretion grant a continuance of the hearing for good cause, or upon stipulation of all parties of record and the consent of the hearings officer.

(2) In appeals related to the Food Stamp Program, the household may request and is entitled to receive a postponement of the scheduled hearing. The postponement shall not exceed 30 days and the time limit for action on the decision may be extended for as many days as the hearing is postponed.

(3) In appeals related to the Independent Living Services Program for young adults pursuant to Section 409.1451, F.S., a continuance must be requested at least seven (7) days in advance of the scheduled hearing and good cause shown. A hearing officer may only grant a continuance for a hearing received less than seven days in advance upon a showing of emergency circumstances. The rescheduled hearing must take place within thirty (30) days, unless stipulated to by all parties. Any requests for a subsequent continuance may only be granted upon a showing of emergency circumstances. This amendment to be effective March 1, 1979.

Rulemaking Specific Authority 409.285 FS. Law Implemented 409.285 FS. History–New 5-17-78, Amended 3-1-79, Formerly 10-2.59, 10-2.059, Amended 9-7-10.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE DATE: September 7, 2010