Amended to conform to new statutory language regarding transitions to adulthood in sections 39.6035, 409.14515, 39.701, and 414.56, F.S.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.009Transition to Adulthood

PURPOSE AND EFFECT: Amended to conform to new statutory language regarding transitions to adulthood in sections 39.6035, 409.14515, 39.701, and 414.56, F.S.

SUMMARY: The amendments include the following: (1) specifies that the CBC must provide a list of age appropriate activities to assist with life skills, (2) the CBC must make youth aware of available independent living services, community resources and how to apply for services, (3) indicates when the transition plan shall be filed, (4) sets forth when the CBC shall request the removal of the disability of nonage and assist the youth in opening a bank account, (5) there will be annual contact with the youth to inform them of the purpose of the Office of Continuing Care, the types of support the office provides and how to contact the office, and (6) addresses allowance’s for the youth in out of home licensed 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.

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: 39.012, 39.0121(13), 39.4091(4), 409.145(4), F.S.

LAW IMPLEMENTED: 39.4091, 39.6012(3)(c), 39.6035, 39.6251, 39.701, 409.145, 409.14515 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-28.009 Transition to Adulthood.

(1) Beginning at age 13, children and young adults in out-of-home care require additional support and coordination necessary to develop the skills to successfully transition to adulthood. The additional supports and coordination are typically provided through independent living services programs; however, most life skills will be developed through normal day to day activities in the children and young adults natural living environments.

(a) through (b) No change.

(c) Community-based care lead agencies (CBCs) must ensure children and young adults are assessed and provided with age or developmentally appropriate training opportunities to develop independent living skills. The CBCs shall provide a list of age-appropriate activities and responsibilities to the child and caregiver to assist with specific life skills. For older youth, the CBCs must make the youth aware of available independent living services, community resources, and how to apply for the services.

(d) Both independent living informal and formal needs assessments of life skill competency must be completed to determine the child’s or young adult’s strengths and needs.

1. Informal assessments shall be conducted monthly during routine home visits to evaluate progress of the skills developed based on the child’s or young adult’s participation in age-appropriate life activities as defined in sections 39.4091 and 409.145, F.S. Informal assessments shall be documented on the “Life Skills Progress Documentation Log,” CF-FSP 5444, Apr 2019, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10803, and shall be shared with caregivers for independent living skills development.

2. through 4. No change.

5. Formal and informal assessments shall be uploaded into the child welfare information system.  Florida Safe Families Network (FSFN.)

(2) Beginning at age 14, children and young adults in out-of-home care require an evaluation of their consumer credit history annually to check for accuracy.

(a) through (c) No change.

(d) Credit reports shall be uploaded into the child welfare information system FSFN.

(3) through (4) No change.

(5) Beginning at age 16, children shall be assisted with developing a transition plan which is to be filed with the court at the 16 and 17-year-old’s judicial review hearing required by section 39.701(3), F.S. and finalized prior to the youth’s 18th birthday.

(a) through (b) No change.

(6) Beginning at age 17, children are to be provided with the records and resources listed in subparagraphs 39.701(3)(b)1.-15. 39.701(3)(a)1.-15., F.S. A social study report that supports the exchange of the required records and resources must be filed with the court.

(7) At age 17, the CBC shall request the removal of the disability of nonage during the Judicial Review hearing pursuant to section 39.701(3), F.S., for youth who are eligible to open a bank account. Upon receipt of the judicial review order, the CBC and the caregiver shall assist the youth in opening a bank account and provide financial literacy, such as budgeting and managing the bank account.

(8) The young adults who have aged out of care shall be informed annually until the age of 23 of the Office of Continuing Care, the purpose of the office, the type of support the office provides, and how to contact the office, pursuant to section 414.56, F.S., and the aftercare services. During the annual contact, the CBC staff shall determine if the young adult is potentially eligible for Extended Foster Care or Postsecondary Educational Services and Support and inform the young adult of the options for entering the programs.

(9) Youth in out of home licensed care shall be provided the knowledge to learn the value and use of money through an allowance and opportunities for spending and saving. The concept of earning money and income should also be discussed with the youth.

(a) To determine if a youth is of sufficient age and understanding to manage their own allowances, CBCs shall use information gathered from any informal or formal life skills assessments and any multidisciplinary team (MDT) or transition staffing that was held for the youth.

(b) Youth who have been determined to be of sufficient age and intellectual ability to manage their allowance shall have the following factors addressed in their “Placement Transition Plan”, CF-FSP 5466, (insert date), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX and under the financial plan section in the independent living “My Pathways to Success Plan”, CF-FSP 5425, (insert date), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX:

1. The youth’s current placement.

2 The caregiver responsible for providing the allowance.

3. The frequency and the amount of the allowance provided to the youth.

4. Expiration of allowances if youth transition to a relative or non-relative placement or is reunified.

5. Collaboration between the caregiver and the youth in developing independent living skills to address finance and budgeting to include, but not limited to:

a. Reviewing the monthly balance with the youth.

b. Discussion on spending and saving the allowance.

c. Determining who is responsible for maintaining the youth’s allowance.

(c) The caregiver and the CBC shall ensure there is a designated individual responsible for maintaining the allowance for youth who are unable to manage their allowance.

(d) Allowance.

1. Allowance shall be provided at least monthly.

2. Allowance shall not be tied to behavior or completion of chores.

3. Children shall not be expected to use their allowance to purchase personal hygiene items, school supplies, clothing, or other necessities.

4. Allowance shall not be withheld as punishment.

(10)(7) Compliance with subsections (1) (2) through (8) (6) shall be documented in the child welfare information system FSFN.

Rulemaking Authority 39.012, 39.0121(13), 39.4091(4), 409.145(4) 409.145(5) FS. Law Implemented 39.4091, 39.6012(3)(c), 39.6035, 39.6251, 39.701, 409.145, 409.14515 FS. History–New 5-4-06, Amended 5-8-16, 7-29-19. Amended _______

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Cal Walton, Vanessa Snoddy, Taylor Peck

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 18, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2021