The Department intends to amend Chapter 65C-42, F.A.C., to accomplish the following: (1) add definitions; (2) update forms and incorporate new forms; (3) clarify the rights of young adults with disabilities or mental health needs; and (4) add a new ...

 

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-41.003Eligibility Requirements

65C-41.0031Supervised Living Arrangement

65C-41.004Transition and Case Plans

65C-41.005Discharge from Program

65C-41.006Appeals

PURPOSE AND EFFECT: The Department intends to amend Chapter 65C-42, F.A.C., to accomplish the following: (1) add definitions; (2) update forms and incorporate new forms; (3) clarify the rights of young adults with disabilities or mental health needs; and (4) add a new rule regarding supervised independent living.

SUMMARY: Definitions were added for extended foster care agreement, extended foster care voluntary placement agreement, shared living agreement, supervised living arrangement, and supervised independent living assessment. The following forms were updated or created: Extended Foster Care Agreement, Extended Foster Care Voluntary Placement Agreement, Supervised Independent Living Assessment, Shared Living Agreement, Notice of Discharge from Extended Foster Care, and Notice of Denial for Readmission into Extended Foster Care. Requirements for approving supervised living arrangements and assisting young adults with disabilities or mental health needs were added.

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, 409.1415, FS.

LAW IMPLEMENTED: 39.6035, 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 [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-41.001 Definitions.

(1) No change.

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

(3) No change.

(4) “Extended Foster Care Agreement” means a document that contains the young adult’s or their legal guardians informed consent to participate in the program. “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.

(5) “Extended Foster Care Voluntary Placement Agreement” means a document that contains the young adult’s or their legal guardians informed consent to participate in the program, the application, and authorization for the Department to have placement and care responsibility.

(6) “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.

(7)“Shared Living Plan” means a document that contains detailed information about the living arrangement between applicable parties.

(8) “Supervised Living Arrangement” means that the young adult is living independently under a supervised arrangement, approved by the community-based care lead agency, pursuant to subsection 39.6251(4), F.S.

(9) “Supervised Living Arrangement Assessment” means a document that contains an evaluation of the young adult’s living environment.

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.6251 FS. History–New 11-2-15, Amended______.

 

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

(1) Children in the legal custody of the Department on the date of their 18th birthday do not need to apply for Extended Foster Care. If the child exercises his or her option to remain in foster care under the jurisdiction of the court, the child and designated staff shall complete an “Extended Foster Care Agreement,” CF-FSP 5432, Sept 2018, incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX.  The agreement and any supporting documentation must be attached to the transition plan that is updated during the 90-day period immediately prior to the date on which the youth will attain 18 years of age, uploaded in Florida Safe Families Network (FSFN), and be filed with court at the last review hearing before the child’s 18th birthday.

(2) 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 admitted readmitted provided the young adult meets the eligibility requirements of Section 39.6251, F.S. Young adults who voluntarily re-enter foster care after turning 18 years of age following dismissal of dependency are considered to be entering a new foster care episode. (1) Applications for admission readmission must be readily available to young adults. The application form to be used is “Application for Readmission into Extended Foster Care Voluntary Placement Agreement,” CF-FSP 5377, Sept 2018 May 2015, incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX.  A community-based care lead agency may add its logo to form CF-FSP 5377.

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

1. If the young adult is unable to participate in a qualifying activity due to a physical, intellectual, emotional, or psychiatric condition, the young adult shall either furnish documentation of the condition or execute a consent for release of records to the designated staff to obtain the documentation.  The designated staff shall attach documentation of the inability to the Extended Foster Care Voluntary Placement Agreement. 

2. 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.

(b)(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 and applying for Aftercare Services.

(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 add itional 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.

(c)(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.

1.(a) No change.

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

3. Reinstatement of jurisdiction must occur within 90 days from the time the Extended Foster Care Voluntary Placement Agreement is signed by all parties.

4. Upon verification and approval of eligibility, the signed Extended Foster Care Voluntary Placement Agreement shall be uploaded into the Florida Safe Families Network (FSFN).

5.(c) If the decision is to deny the application for extended foster care, the community-based care agency shall make a recommendation of denial to the Department’s designated regional operations representative for review and agreement. If the Department disagrees with the denial and is unable obtain consensus with the community-based care lead agency, documentation should then be forwarded to the Department’s regional representative in the Office of the General Counsel. If after consultation, there is continued disagreement, documentation should be forwarded to the Department’s headquarters representative in the Office of Child Welfare for continued review.  The Department’s headquarters representative will make the final determination in the conflict resolution. Upon reaching agreement with the adverse action, designated staff shall provide a “Notice of Denial for Readmission into Extended Foster Care,” CF-FSP 5410, Sept 2018 May 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, and an “Application for Aftercare Services,” CF-FSP 5391, May 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05789. The “Due Process Rights” form, CF/PI 175-74, August 2014, incorporated by reference in subsection 65C-41.005(1), F.A.C., and a “Request for Fair Hearing,” CF-FSP 5380, August 2014, incorporated by reference in subsection 65C-41.006(2), F.A.C., shall be attached the Notice of Denial for Readmission into Extended Foster Care. A community-based care lead agency may add its logo to forms CF-FSP  5391 and CF-FSP 5410.

6.(d) No change.

Rulemaking Authority 39.012, 39.0121, 39.6251, 409.1451 FS. Law Implemented 39.6251, 409.1451 FS. History–New 11-2-15. Amended______

 

65C-41.003 Eligibility Requirements.

(1) through (4) No change.

(5) If the young adult’s qualifying activity is participating in a program or activity designed to promote or eliminate barriers to employment, the young adult must comply with the requirements of the program. 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 young adult and designated staff to amend either the Extended Foster Care Agreement or Extended Foster Care Voluntary Placement Agreement and young adult’s transition plan. This change and may also 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 subparagraphs Sections 39.6251(2)(a)-(d), F.S., due to a physical, intellectual, emotional, or psychiatric condition that limits participation, designated staff the young adult’s case manager shall:

(a) Assist the young adult in securing supporting documentation of the condition from a clinician(s); and,

(b) Develop or amend the case transition plan to address the condition and the accommodations or modifications to be implemented to achieve the goals detailed of the young adult as included in the transition 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 subsection Section 39.6251(2), F.S., the young adult must continue to reside in an approved supervised living arrangement, meet face to face in the home every month with designated staff, participate in ongoing transition and case planning, participate in on-going supervision by case management and shall be is encouraged to participate in judicial review and permanency hearings.

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

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

(c) In preparation for each judicial review hearing, the designated staff 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 Section 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 FS. Law Implemented 39.6251 FS. History–New 11-2-15, Amended____.

 

65C-41.0031 Supervised Living Arrangement.

(1) Residing in a supervised environment is not intended to be a barrier to independence; however, every living arrangement must meet all the requirements as detailed in subsection 39.6251(4), F.S.

(2) Approved Living Arrangements.

(a) A comprehensive assessment shall be made to determine the appropriateness of the young adult’s living arrangement, using the “Supervised Living Arrangement Assessment”, CF-FSP 5431, Sept 2018, incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX. This form is to be used for placement in Extended Foster Care (EFC). Prior to completing the assessment, the designated staff must have reviewed the youth or young adult’s case file and inspected the home environment proposed as the EFC living arrangement. The completed assessment shall be uploaded into the Florida Safe Families Network (FSFN) and becomes an addendum to the young adult’s transition plan and also supports the young adult’s case plan.

(b) Designated staff shall decide whether a living arrangement will be approved 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.

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

(d) Living environments in which young adults are involuntary placed do not meet the conditions of an appropriate supervised independent living setting unless consent for placement is through a court appointed guardian.

(e) A young adult who may require continued, intensive therapeutic or medical care will be assessed in consultation with the young adult and the young adult’s team of service providers, guardian ad litem, and attorney, if applicable.

(f) A young adult may share housing with other persons provided that any household members are approved based on an assessment of the young adult’s needs and safety concerns. A young adult may not share housing with legal or biological parents.

(g) The community-based care lead agency is not responsible for any portion of the expenses of any other household member who is not receiving extended foster care services.

(3) Shared Living Plans

(a) Once a living arrangement has been approved, designated staff shall develop a plan in collaboration with the young adult and other applicable parties using the “Shared Living Plan” form, CF-FSP 5430, Sept 2018, incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX. The plan outlines the expectations, addressing the fundamental and routine needs, to enable a successful living arrangement. The completed plan becomes an addendum to the young adult’s transition plan and shall be uploaded in FSFN. 

(b) The young adult must notify the designated staff and other agreed upon parties (if applicable) of any changes in circumstances in the living arrangement, including a change of occupants or a planned absence from the home.

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

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.6251 FS. History–New___.

 

65C-41.004 Transition and Case Planning and Management Reviews 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-05784. 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.

(1)(2) Transition and Case Plans. Each young adult in extended foster care must have both a transition plan and a case plan developed. Designated staff by the case manager in consultation with the shall work with the young adult on the development and updates to each plan.

(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 designated staff case manager, and any other service provider.

1. No change.

2. 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.

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) No change.

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

(a) through (c) No change.

(d) Face-to-face contact with the young adult shall occur every 30 days in the home, pursuant to Rule 65C-30.007(1)(a)-(c), F.A.C. 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.

1. During the visit designated staff must assess for safety and discuss the young adult’s transition and continue to assess life skill development.

2. If applicable, designated staff shall update the Supervised Living Arrangement Assessment and Shared Living Plan.

(e) No change.

(3)(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 designated staff 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 designated staff case manager shall provide the form “My Decision to Leave Extended Foster Care,” CF-FSP 5375, January 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05784 in paragraph (1)(c), of this rule, and specify that the young adult has requested discharge from the program on the 21st birthday.

(4) Portability. The services provided under this rule are portable across county lines, between lead agencies, and across state lines if the other state is willing to provide assistance.

(a) The service needs that are identified from the transition plan, the Supervised Living Arrangement Assessment, Shared Living Agreement, and Extended Foster Care Agreement or Extended Foster Care Voluntary Placement Agreement shall be provided by the community-based care lead agency where the young adult is currently residing, but shall be funded by the community-based care lead agency that initiated the transition plan.

(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 designated staff shall provide the form “My Decision to Leave Extended Foster Care,” CF-FSP 5375, incorporated in paragraph (3)(b), 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 FS. Laws Implemented 39.6035, 39.6251, 39.701(4)(a) FS. History–New 11-2-15,_Amended_____.

 

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 make a recommendation of program termination to the Department’s designated regional operations representative for review and agreement. If the Department disagrees with program termination and is unable obtain consensus with the community-based care lead agency, documentation should then be forwarded to the Department’s regional representative in the Office of the General Counsel. If after consultation, there is continued disagreement, documentation should be forwarded to the Department’s headquarters representative in the Office of Child Welfare for continued review.  The Department’s headquarters representative will make the final determination in the conflict resolution. Upon reaching agreement with the adverse action, 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-05768. The “Due Process Rights” form, CF/PI 175-74, August 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05783, and a “Request for Fair Hearing,” CF-FSP 5380, August 2014, incorporated by reference in subsection 65C-41.006(2), F.A.C., shall be attached the Notice of Discharge from Extended Foster Care. A community-based care lead agency may add its logo to form CF-FSP 5385.

(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 Section 39.701, F.S. If the young adult intends to leave extended foster care, the designated staff shall discuss with the young adult options for remaining in extended foster care or applying for Aftercare or Postsecondary Education Services and Support (PESS). If, after discussion with the designated staff, the young adult still intends to leave extended foster care, the designated staff shall provide the young adult with the form “My Decision to Leave Extended Foster Care,” CF-FSP 5375, which is incorporated by reference in subsection 65C-41.004(3), F.A.C. Upon receipt of the completed and signed form, the designated staff shall upload the form into the Florida Safe Families Network (FSFN) and provide the young adult a copy of the completed form.

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) No change.

(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 “Shared Living Plan”, CF-FSP 5430, July 2018, incorporated by reference in subsection 65C-41.0031(3), F.A.C. 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-05783. A community-based care lead agency may add its logo to form CF/PI 175-74.

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.6251 FS. History–New 11-2-15,_Amended______.

 

65C-41.006 Conflict Resolution and Appeals.

(1) through (2) No change.

(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. change. The notice shall be provided on the form “Notice of Discharge from Extended Foster Care,” CF-FSP 5376, incorporated by reference in subsection 65C-41.005(1), F.A.C or “Notice of Denial for Readmission into Extended Foster Care,” CF-FSP 5410, incorporated by reference in paragraph 65C-41.002(2)(c), F.A.C.

(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 http://www.flrules.org/Gateway/reference.asp?No=Ref-05788. A community-based care lead agency may add its logo to form CF-FSP 5381.

2. No change.

(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 email, 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) No change.

(5) Additional Local Preparation for Fair Hearings.

(a) No change.

(b) The designated staff responsible for the young adult’s extended foster care case (the designated staff 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, 39.0121 FS. Law Implemented 39.6251 FS. History–New 11-2-15,_Amended______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brandie McCabe

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Rebecca Kapusta

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 4, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 5, 2018