Definitions, Planning and Budgeting Functions, Criteria, Fee Waiver and Change in Allowance Procedures

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-17.002Definitions

65C-17.003Planning and Budgeting Functions

65C-17.004Criteria

65C-17.005Fee Waiver and Change in Allowance Procedures

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. 50 No. 48, March 8, 2024 issue of the Florida Administrative Register.

 

65C-17.002 Definitions.

For purposes of this rule chapter and the Master Trust Declaration, the following definitions shall apply:

(1) through (4) No change.

(5) “Cost of care” also referred to as “fees” means the total amount, as recorded in the Department’s child welfare information system, the Department has paid for the care of the child including, but not limited to, foster care room and board payment, child support subsidy payment, Child Placing Agency (CPA) fees, or medical or mental health services not covered by Medicaid or other sources.

(6) through (8) No change.

(9) “Long-term needs” of a Master Trust client beneficiary must be defined to include, but not limited to, the following:

(a) through (b) No change.

(c) Financial planning for sufficient resources to be available for the youth to function as an adult.

(10) through (13) No change.

Rulemaking Authority 402.17(1)(a)9., 402.33(2), (7)(a) FS. Law Implemented 402.17, 402.17(2)(c), 402.33 FS. History–New 4-6-99, Amended 5-18-03. Amended _______________.

 

65C-17.003 Planning and Budgeting Functions.

(1) No change. 

(2) The Department or community-based care lead agency (lead agency) on the behalf of the Department, as representative payee, must have access to revocable subaccounts that are created for the benefit of clients who receive benefit payments, child support payments, third-party benefits, or any other money or property. Funds for the client’s current needs will be disbursed by the Department or lead agency on behalf of the Department, as Trustee, pursuant to within the context of Sections 402.17 and 402.33, F.S. As to a client’s account or subaccount(s), the Master Trust terminates when the client is no longer in the custody, care, or control of the Department with limited exceptions as set forth in Section 402.17, F.S.:

(a) through (i) No change.

(j) The lead agency must ensure a monthly personal allowance is set aside from client’s federal benefit payment.

(k) through (n) are redesignated (j) through (m) No change.

Rulemaking Authority 402.17(1)(a)9., 402.33(2), (7)(a) FS. Law Implemented 402.17, 402.17(2)(c), 402.33 FS. History–New 4-6-99, Amended 5-18-03. Amended _______________.

 

65C-17.004 Criteria for Fee Waiver and Change in Personal Allowance.

(1) A request for fee waiver or change in personal allowance shall be for a specifc sum and, no longer than six months in duration and is subject to availibility of funding. A request shall be effective the month the request and all supporting documentation is received by the Department. However, the effective date may be retroactive to the month form CF 285D, Notice of Fee Waiver Assessment and Rights of the Foster Child, is filed with the court in accordance with 65C-17.003(2)(h): for the effective date to be retroactive, the application with supporting documentation must be submitted to the Department within three months of the date form CF 285D is filed with the court.

(2) through (3) No change.

Rulemaking Authority 402.17(1)(a)9., 402.33(2), (7)(a) FS. Law Implemented 402.17, 402.17(2)(c), 402.33 FS. History–New 4-6-99. Amended _________________.

65C-17.005 Fee Waiver and Change in Personal Allowance Procedures.

(1) through (3) No change. 

(4) The review must be conducted by the committee and the committee recommendation submitted to the Department for approval within 10 business 30 calendar days from receiving a request with all required documentation. The committee chair must submit the committee recommendation to the Department for approval. Within 5 business 10 calendar days of receiving the committee recommendation, the Department must review the recommendations of the committee and provide a decision of approval or denial of the request.

(5) If the fee waiver or the change in personal allowance request is denied, in whole or in part, the party requesting the fee waiver or change in personal allowance must be notified in writing. After notification, the party has the right to request an administrative hearing within 21 days of the date of denial, pursuant to Chapter 120, F.S. The party making the request must be notified in writing of the denial.

(6) No change.

Rulemaking Authority 402.17(1)(a)9., 402.33(2), (7)(a) FS. Law Implemented 402.17, 402.17(2)(c), 402.33 FS. History–New 4-6-99. Amended _______________.