Definitions, Determination of Guardianship Assistance Payments, Guardianship Assistance Agreement, Successor Guardians, Non-recurring Guardianship Expenses, Extension of Guardianship Assistance Agreement

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-44.001Definitions

65C-44.003Determination of Guardianship Assistance Payments

65C-44.004Guardianship Assistance Agreement

65C-44.0045Successor Guardians

65C-44.005Non-recurring Guardianship Expenses

65C-44.006Extension of Guardianship Assistance Agreement

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 56, March 21, 2019 issue of the Florida Administrative Register.

65C-44.001 Definitions.

(1) “Child” for purposes of this Rule Chapter means an individual who has not attained 18 years of age.

(2) through (7) No change.

 

65C-44.003 Determination of Guardianship Assistance Payments

(1) No change.

(2) An application to participate in the Guardianship Assistance Program must be made on the “Application for Guardianship Assistance Program” form, CF-FSP 5442, (insert date), which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX. As outlined in CFOP 170-13, Chapter 13,

(a) Ppresumptive eligibility must be completed prior to execution of the Guardianship Assistance Agreement.

(b) For families that have submitted an application for the guardianship assistance program, the child welfare professional shall begin the presumptive eligibility determination process once a goal change to permanent guardianship has occurred or a concurrent goal of permanent guardianship has been added. Presumptive eligibility shall be completed on the guardianship assistance page in the Florida Safe Families Network (FSFN.)

(c) To be deemed presumptively eligible, the following must have occurred:

1. A primary goal change to permanent guardianship; or

2. A concurrent goal added for permanent guardianship; and

3. A permanency hearing has been held and permanent guardianship was determined to be in the child’s best interest; and

4. A caregiver has received a foster care board payment for at least six (6) consecutive months.

(3) through (15) No change.

 

65C-44.004 Guardianship Assistance Agreement

(1) The “Guardianship Assistance Agreement Between the Department of Children and Families and Guardians Regarding Payments and Services,” CF-FSP 5437, (insert date), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, must be signed and dated by all parties prior to case closure in permanent guardianship and uploaded into the Florida Safe Families Network (FSFN) database.

(2) A successor guardian should be identified and documented on the Guardianship Assistance Agreement.

(3) The successor guardian is not required to be a relative, fictive kin or a licensed caregiver.

(4) The successor guardian must successfully complete the following criminal, delinquency and abuse/neglect history checks prior to being added to the Guardianship Assistance Agreement:

(a) Fingerprints;

(b) Statewide criminal records check through the Florida Department of Law Enforcement;

(c) Records check of the Florida Sexual Offenders and Predators registry;

(d) Juvenile records check through the Florida Department of Juvenile Justice for adults ages 18-26 years old;

(e) Federal criminal records check through the Federal Bureau of Investigations;

(f) Local criminal records check through law enforcement agencies, including records of any responses to the home by law enforcement that did not result in criminal charges;

(g) Abuse and neglect records check through the FSFN; and

(h) Civil court records check regarding domestic violence complaints and orders of domestic violence complaints and orders of protection.

(5) Successor guardians are not required to have a completed Unified Home Study at the point of being identified but must have a home study completed and approved in FSFN prior to placement.

 

Form CF-FSP 5437, Guardianship Assistance Agreement Between the Department of Children and Families and Guardians Regarding Payments and Services, incorporated by reference, has been changed.

 

65C-44.0045 Successor Guardians

(1) A successor guardian should be identified and documented on the Guardianship Assistance Agreement.

(2) The successor guardian is not required to be a relative, fictive kin or a licensed caregiver.

(3) The successor guardian must successfully complete the following criminal, delinquency and abuse/neglect history checks prior to being added to the Guardianship Assistance Agreement:

(a) Fingerprints;

(b) Statewide criminal records check through the Florida Department of Law Enforcement;

(c) Records check of the Florida Sexual Offenders and Predators registry;

(d) Federal criminal records check through the Federal Bureau of Investigations;

(e) Local criminal records check through law enforcement agencies, including records of any responses to the home by law enforcement that did not result in criminal charges;

(f) Abuse and neglect records check through the FSFN; and

(g) Civil court records check regarding domestic violence complaints and orders of domestic violence complaints and orders of protection.

(4) Successor guardians are not required to have a completed Unified Home Study at the point of being identified but must have a home study completed and approved in FSFN prior to placement.

Rulemaking Authority 39.6225(11), F.S. Law Implemented 39.6225, F.S.  History-New.

 

65C-44.005 Non-recurring Guardianship Expenses

(1) through (2) No change.

(3) In cases where siblings are placed separately or as a unit, each child is treated as an individual with separate reimbursement for non-recurring expenses up to the maximum amount of $2,000 $1,000 per child.

(4) through (6) No change.

 

65C-44.006 Extension of Guardianship Assistance Agreement

(1) through (2) No change.

(3) The “Extension of Guardianship Assistance Agreement Between the Department of Children and Families, Young Adult and Guardians Regarding Payments and Services,” CF-FSP 5434, (insert date), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, shall be executed prior to the child’s 18th birthday.

(4) through (5) No change.

 

Form CF-FSP 5434, Extension of Guardianship Assistance Agreement Between the Department of Children and Families, Young Adult and Guardians Regarding Payments and Services, incorporated by reference, has been changed.