DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
RULE NOS.:RULE TITLES:
65C-42.001Definitions
65C-42.002Postsecondary Education Services and Support
65C-42.003Aftercare Services
65C-42.004Appeals
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. 40 No. 200, October 14, 2014 issue of the Florida Administrative Register.
Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. 40, No. 200, October 14, 2014, and the Notice of Change, published in Vol. 41, No. 49, March 12, 2015, issue of the Florida Administrative Register.
65C-42.001 Definitions.
(1) “Adverse action” means any action by the Department, community-based care lead agency, or its contracted service provider that denies, in whole or in part, a young adult’s application for Postsecondary Education Services and Support (PESS) or Aftercare Services, or that discharges a young adult from Postsecondary Education Services and Support (PESS) or Aftercare Services.
(2) through (7) No change.
(8) “Immediately” means within 24 hours.
(9) through (10) are renumbered (8) through (9) No change.
65C-42.002 Postsecondary Education Services and Support.
(1) No change.
(2) If it is determined that the young adult is not eligible for PESS, designated staff shall inform the young adult about the availability of Education and Training Vouchers (ETV) and, if assist the young adult is eligible, secure funding through in obtaining and completing an ETV application, unless assistance is refused by the young adult. The Postsecondary Education Services and Support (PESS) Initial and Renewal Application, CF-FSP 5382, incorporated in subsection (3) of this rule, shall be utilized in determining whether the young adult is eligible for ETV.
(3) Initial Application Process for PESS Stipend. Designated staff shall provide the young adult with the “Postsecondary Education Services and Support (PESS) Initial and Renewal Application,” CF-FSP 5382, January 2015, which is hereby incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx, or any other form that addresses all components of CF-FSP 5382 . A community-based care lead agency may add its logo to form CF-FSP 5382.
(3)(a) Designated staff shall offer to assist the young adult in completing the application or meeting eligibility requirements, unless assistance is refused by the young adult.
(3)(b) All young adults with diagnosed disabilities or mental health needs shall be provided with an equal opportunity to participate in the PESS program. A young adult with a diagnosed disability or mental health need may need additional support; therefore, the designated staff shall work in consultation with all of the young adult’s service providers, guardian ad litem, and attorney, if applicable.
(3)(c) through (d) No change.
(3)(e) If the young adult is requesting assistance in choosing and/or enrolling in an eligible post-secondary educational institution, information about aftercare services and an “Application for Aftercare Services,” CF-FSP 5391, August 2014, which is hereby incorporated by reference, and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx, or any other form that addresses all components of CF-FSP 5391, shall also be provided. A community-based care lead agency may add its logo to form CF-FSP 5391. Aftercare services may be utilized temporarily to assist the young adult in working toward qualifying for PESS.
(3)(f) No change.
(3)(f)1. If additional information is needed, the young adult shall have 10 business days from notification to submit the information. Designated staff shall offer to assist the young adult in obtaining the additional information, unless assistance is refused by the young adult.
(3)(f)2. No change.
(3)(f)3. If the application is denied, designated staff shall also provide the young adult with information detailing the procedure for appeal and the brochure “Due Process Rights for Young Adults Formerly in Foster Care,” CF/PI 175-74, August 2014, incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx, or any other form that addresses all components of CF/PI 175-74. A community-based care lead agency may add its logo to form CF-FSP 5391.
(3)(g) No change.
(4) Renewal Application Process. Designated staff shall offer to assist the young adult in completing an updated “Postsecondary Education Services and Support (PESS) Initial and Renewal Application for Postsecondary Education Services and Support (PESS) and/or Education and Training Voucher (ETV) Funds,” CF-FSP 5382, incorporated in subsection (3) of this rule, or any other form that addresses all components of CF-FSP 5382, unless assistance is refused by the young adult. The young adult must obtain and provide documentation of continuing to meet all renewal eligibility requirements. The annual renewal period is based on the initial date of enrollment into PESS.
(4)(a) through (b) No change.
(5) through (7) No change.
(8) A young adult will be terminated from PESS if he or she becomes incarcerated for a period longer than 30 days.
(8) is renumbered (9) No change.
(9)(a) No change.
(9)(b) A copy of the young adult’s complete application signed by the young adult and approval authority; and
(9)(c) Completed estimated cost of attendance documentation and an individualized budget for the young adult.; and
(9)(d) A copy of the young adult’s financial aid award letter and documentation showing satisfactory academic progress.
(9) is renumbered (10) No change.
65C-42.003 Aftercare Services.
(1) No change.
(2) Application for Aftercare Services. Designated staff shall offer to assist a young adult who is requesting Aftercare Services in completing the “Application for Aftercare Services,” CF-FSP 5391, incorporated in 65C-42.002 (3)(e), F.A.C, or any other form that addresses all components of CF-FSP 5391, unless assistance is refused by the young adult.
(3) If the application is not completed at the time of the request for referrals or services, designated staff shall offer to assist the young adult in completing the application within 10 business days. Referrals may be provided prior to the completion of the application.
(4) A young adult seeking Aftercare Services and Support temporary financial assistance shall also complete an “Aftercare Services Plan,” CF-FSP 5400, January 2015, incorporated by reference and available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx, or any other form that addresses all components of CF-FSP 5400. A community-based care lead agency may add its logo to form CF-FSP 5400. The Aftercare Services Plan shall be completed by the designated staff in consultation with the young adult.
(5) All young adults with diagnosed disabilities or mental health needs shall be provided with an equal opportunity to receive Aftercare Services. A young adult with a diagnosed disability or mental health need may need additional support; therefore, the designated staff shall work in consultation with all of the young adult’s service providers, guardian ad litem, and attorney, if applicable.
(6) through (7) No change.
(8) The designated staff shall re-assess the Aftercare Services Plan every three (3) months for as long as services are provided. The community-based care lead agency may discontinue Aftercare Services if the young adult has not made efforts to complete the activities outlined in his or her Aftercare Services Plan.
(9)(a) No change.
(9)(b) If the application is denied, designated staff shall notify the young adult within 10 business days of submitting the application. Designated staff shall also provide the young adult with information detailing the procedure for appeal and the brochure “Due Process Rights for Young Adults Formerly in Foster Care,” CF/PI 175-74, which is incorporated by reference in rule 65C-42.002(3)(f)3, F.A.C, or any other form that addresses all components of CF/PI 175-74. Designated staff shall notify the young adult of other available services, including Extended Foster Care, funding through PESS or Education and Training Vouchers, and services that are locally available.
(10) If the request for assistance is to prevent homelessness, no application is required before services are provided and services shall be provided as expeditiously as possible, but in no case longer than 24 hours. If the application is not completed at the time of the request for referrals or services, designated staff shall offer to assist the young adult in completing the application within 10 business days.
(11) through (14)(b) No change.
(14)(c) The Aftercare Services Plan, incorporated by reference in subsection (4) of this rule, or any other form that addresses all components of CF-FSP 5400; and
(14)(d) No change.
65C-42.004 Appeals.
(1) through (2) No change.
(2)(a) The notice shall be provided on the form “Notice of Termination or Reduction of Aftercare Services,” CF-FSP 5402, February 2015, or “Notice of Termination of Post Secondary Education Services and Support (PESS),” CF-FSP 5407, February 2015, or on any other forms that address all components of CF-FSP 5402 or CF-FSP 5407 and meet the requirements set forth in subparagraph (2)(c) of this rule. Forms CF-FSP 5402 and CF-FSP 5407 are available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. A community-based care lead agency may add its logo to forms CF-FSP 5402 and 5407.
(2)(b)1. No change.
(2)(b)2. When the notice concerns any decision to terminate or reduce funds for a young adult in PESS or Aftercare Services, if it is delivered to the young adult at least 30 calendar days before the action described in the notice becomes effective.
(2)(c) The notice shall be considered adequate if it explains in the primary language of the young adult:
1. the proposed action;
2. the reasons for the proposed action;
3. the young adult’s right to request a fair hearing;
4. the person the young adult would contact to request a fair hearing or for additional information about the decision, including the contact’s name, telephone number, e-mail address and mailing address; and
5. in bold type, the timeline for requesting a fair hearing. The notice must specifically include the following information, in bold type:
a. that the request for a fair hearing must be sent to received by the case manager no later than 30 calendar days from the date the notice was received by the young adult; and
b. that the request for a fair hearing must be sent received no later than 10 business days after the young adult receives the notice is received for the young adult to continue to participate in the program pending the completion of the fair hearing process.
6. The notice must also inform the young adult that if the last day to request a fair hearing falls on a weekend or holiday, the request will be considered timely if it is sent received the first business day after the deadline.
(2)(c) A “Request for Fair Hearing on Application Denial or Discharge from the Extended Foster Care Program; or on Denial, Termination, or Reduction of Postsecondary Education Services and Support PESS or Aftercare Services Benefits,” CF-FSP 5380, August 2014, incorporated by reference, and “Due Process Rights for Young Adults Formerly in Foster Care,” CF/PI 175-74, incorporated by reference in rule 65C-42.002 (3)(f)(3), F.A.C, or any other forms that address all components of CF-FSP 5380 and CF/PI 175-74, shall be attached to the notice. Forms CF-FSP 5380 and CF/PI 175-74 are available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. 45 C.F.R. §205.10 is incorporated by reference and available at http://www.gpo.gov/fdsys/granule/CFR-1997-title45-vol2/CFR-1997-title45-vol2-sec205-10/content-detail.htm and www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. A community-based care lead agency may add its logo to form CF-FSP 5380 and CF/PI 175-74.
(2)(e) is renumbered (2)(d) No change.
(3)(a) through (b) No change.
(3)(b)1. The form “Oral Request for Fair Hearing,” CF-FSP 5381, August 2014, incorporated by reference, or any other form that address all components of CF-FSP 5381, shall be used by the designated staff case manager to document oral requests for a fair hearing. This form is available at www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. A community-based care lead agency may add its logo to form CF-FSP 5381.
(3)(b)2. Written requests may be prepared by the young adult on the form “Request for Fair Hearing on Application Denial or Discharge Discharge from the Extended Foster Care Program; or on Denial, Termination, or Reduction of Postsecondary Education Services and Support PESS or Aftercare Services Benefits,” CF-FSP 5380, incorporated in subsection (2)(d) of this rule, or any other form that address all components of CF-FSP 5380, or in any other manner the young adult chooses.
(3)(c) through (5)(b) No change.
