Amending this rule to clarify the process by which claimants may request and receive restitution for medical injury and/or property damage caused by children in out of home care.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.022State Institutional Claims for Damages Caused by Children in Out-of-Home Care

PURPOSE AND EFFECT: Amending this rule to clarify the process by which claimants may request and receive restitution for medical injury and/or property damage caused by children in out of home care.

SUMMARY: Changes include: 1) adding a definition for “damages,” 2) clarifying responsibilities of the claimant, and 3) clarifying the Department’s process and criteria for approving or denying claims.

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 cost 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 will not create an adverse impact or impose regulatory costs. The rule is therefore 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: 402.181(3) F.S.

LAW IMPLEMENTED: 402.181 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-28.022 State Institutional Claims for Damages Caused by Children in Out-of-Home Care.

(1) Definitions.

(a) through (c) No change.

(d) “Damages” means physical harm caused by something in such a way as to impair its value, usefulness, or normal function. Routine maintenance incidental to running a household, such as cleaning floors, counters, appliances, dishes, and clothing, as well as lawn maintenance, are not damages that can be reimbursed.

(d) through (g) are redesignated (e) through (h) No change.

(2) through (3) No change.

(4) Responsibilities of the Claimant.

(a) A claimant filing a restitution claim under Section 402.181, F.S., with the Department has the burden to provide a preponderance of the evidence to prove, by a preponderance of the evidence:

1. That damages occurred, by means of photographs;

2.1. That the action(s) of a child in licensed out-of-home care is the direct cause of claimant’s property damages and/or direct medical expenses for injuries; and

3.2. The monetary amounts of the claimant’s damages and/or expenses, by means of a receipt or quote. at least two written estimates or quotes.

(b) No change.

(c) The claimant must complete and file the Restitution Claim Form, CF-FSP 5459, (insert date) February 2022, 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-14120 within 90 days of the occurrence of the incident upon which the claim is based. The claimant must file a completed, signed copy of the Restitution Claim Form with a child welfare professional.

(d) No change.

(5) Responsibilities of the child welfare professional.

(a) When a claimant licensed caregiver advises the child welfare professional of expenses they have incurred as a result of personal injury or property damage caused by a child in out-of-home care, the child welfare professional shall:

1. through 5. No change.

(b) The child welfare professional shall complete Part A. of the State Institutional Claims for Damages Recommendation form, CF-FSP 5453, (insert date) February 2022, 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-14119. The child welfare professional shall submit the State Institutional Claims for Damages Recommendation form, Restitution Claim Form, and all supporting documentation to the Regional Manager Director (RMD) or Department designee. The RMD or Department designee shall review all documentation submitted, provide a recommendation, and forward to the Department’s Headquarters Office of General Counsel designee for approval.

(6) Approval and Denial of Claims.

(a) The Department will only consider a claim that is filed on a completed Restitution Claim Form and State Institutional Claims for Damages Recommendation form, which are signed by both the claimant and child welfare professional. Incomplete forms will be returned without approval or denial due to insufficient information.

(b) Subject to available funding, the Department will approve claims that include all required documentation and meet the requirements articulated in this rule within 90 days of receipt of the completed State Institutional Claims for Damages Recommendation form.

(c) If the request for restitution is denied, the applicant shall be notified in writing, including notice of within 10 business days of the determination and the applicant’s right to appeal pursuant to Chapter 120, F.S.

(d) If the request for restitution is granted, the applicant shall be notified in writing within 10 business days of the determination and a copy of the approved State Institutional Claims for Damages Recommendation form shall be provided by the Office of General Counsel to the Office of Finance and Accounting for processing of payments.

(e) No change.

(f) Claims for damages shall not be granted for:

1. through 2. No change.

3. Damages resulting from circumstances where the foster child and claimant are equally responsible.

Rulemaking Authority 402.181(3) FS. Law Implemented 402.181 FS. History‒New 3-20-22. Amended ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Monique McCaskill

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 07, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 21, 2022