The Department intends to amend rules 65C-41.003 and .0031, F.A.C., to remove a prohibited extended foster care living arrangement, clarify responsibilities of staff in aiding a young adult in securing required documentation, and specify who may ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-41.003Eligibility Requirements

65C-41.0031Supervised Living Arrangement

PURPOSE AND EFFECT: The Department intends to amend rules 65C-41.003 and .0031, F.A.C., to remove a prohibited extended foster care living arrangement, clarify responsibilities of staff in aiding a young adult in securing required documentation, and specify who may provide documentation of an inability to participate in a required program or activities.

SUMMARY: The amendments accomplish the following: (1) Eliminate the prohibition against sharing housing with legal or biological parents while in extended foster care; (2) Require designated staff to determine whether documentation in the young adult’s case file, school record, or medical records establishes an inability to participate in required activities; and (3) Specifies who may provide documentation of a condition that limits participation in required activities.

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, FS.

LAW IMPLEMENTED: 39.6251, 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-41.003 Eligibility Requirements.

(1) through (6) No change.

(7) If a young adult is unable to participate full-time in a program or activities listed in paragraphs 39.6251(2)(a)-(d), F.S., due to a physical, intellectual, emotional, or psychiatric condition that limits participation, designated staff shall:

(a) Determine whether there is documentation in the young adult’s case file, school records, or medical records that establishes an inability to participate fulltime. If there is no existing documentation, staff shall aAssist the young adult in securing supporting documentation of the condition from a person licensed under one of the following chapters of Florida Statutes: 458 (M.Ds.), 459 (O.Ds.), 460 (chiropractors), 461 (podiatrists), 463 (optometrists), 464 (nurses), 466 (dentists only), 468 part I (speech pathologists and audiologists), 468 part III (occupational therapists), 468 part V (respiratory therapists), 468 part X (dieticians and nutritionists), 486 (physical therapists), 490 (psychologists), and 491 (clinical social workers, mental health counselors, and marriage and family counselors) clinician(s); and

(b) No change.

(8) No change.

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.6251 FS. History–New 11-2-15, Amended 2-7-19. Amended____

 

65C-41.0031 Supervised Living Arrangement.

(1) No change.

(2) Approved Living Arrangements.

(a) through (e) No change.

(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) No change.

(3) No change.

Rulemaking Authority 39.012, 39.0121 FS. Law Implemented 39.6251 FS. History–New 1-7-19. Amended_____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brandie McCabe

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 23, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 8, 2019