The Department intends to amend Rule 65C-28.008, F.A.C, to clarify 1) When a nonrelative may receive nonrelative caregiver financial assistance for a minor parent and the minor parent’s child; and 2) What assistance is available for children placed ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.008Relative Caregiver Program

PURPOSE AND EFFECT: The Department intends to amend Rule 65C-28.008, F.A.C, to clarify 1) When a nonrelative may receive nonrelative caregiver financial assistance for a minor parent and the minor parent’s child; and 2) What assistance is available for children placed with half-siblings.

SUMMARY: The amendments clarify 1) A minor parent may not receive a TCA payment for him- or herself and his or her child while the nonrelative receives the NCFA payment for either or both of them and 2) A child who is eligible for a Relative Caregiver payment based on his or her placement with a half-sibling who is related to the caregiver is not eligible for NCFA. Further, form CF-FSP 5398, Application for Nonrelative Caregiver Financial Assistance, is updated.

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, 39.5085(2)(a) FS.

LAW IMPLEMENTED: 39.5085 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 [e-mail] or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-28.008 Relative Caregiver Program Requirements.

(1) through (2) No change.

(3) Nonrelative Caregiver Financial Assistance (NCFA).

(a) Eligibility Requirements.

1. NCFA is available to nonrelative caregivers who would be unable to serve as a caregiver without financial assistance.

a. Persons outside the fifth degree by blood or marriage to the parent or stepparent of a child are eligible to receive NCFA provided all other eligibility requirements are met. This does not include the stepparent or a former stepparent of the child.

b. through c. No change.

2. No change

3. A nonrelative may receive the NCFA payment for a minor parent who is in his or her care, and for that minor parent’s child, if both children have been adjudicated dependent and meet all other eligibility requirements.  The minor parent may not receive a TCA payment for him- or herself and his or her child while the nonrelative receives the NCFA payment for either or both of them.  If the minor parent applies for TCA for him- or herself and his or her minor child, the NCFA payment must be terminated.

4. A child who is eligible for a Relative Caregiver payment based on his or her placement with a half-sibling who is related to the caregiver is not eligible for NCFA.

53. Eligibility for NCFA shall be reassessed annually by reviewing the eligibility criteria in subsections (3)(a)1.-2. and subsections (3)(c)1.-2. of this rule.

(b) Application.

1. Nonrelative caregivers seeking financial assistance must complete an “Application for Nonrelative Caregiver Financial Assistance”, CF-FSP 5398, April 2016 March 2015, incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05292.

a. No change.

(c) Notification.

1. The Nonrelative Caregiver Payment Administrator shall review the application, conduct the eligibility reassessment, and send a completed “Notice of Action”, CF-FSP 5399, February 2015, incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05293, to the nonrelative caregiver via e-mail, if available, or by regular U.S. mail within five (5) business days of receipt of the application.

2. No change.

(d) No change.

Rulemaking Authority 39.012, 39.0121, 39.5085(2)(a) FS. Law Implemented 39.5085 FS. History–New 5-4-06, Amended 4-27-15,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dianna Laffey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 1, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 22, 2016