Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-41 - EXTENDED FOSTER CARE › Section 65C-41.006 - Conflict Resolution and Appeals

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The Department, the community-based care lead agency and its contracted service
				provider staff shall treat all young adults fairly and afford them due process.
				A young adult applying for or receiving extended foster care services has the
				right to receive written notice of adverse actions by the Department or its
				contracted service provider and to resolve issues about eligibility by meeting
				with representatives of the Department or its contracted service provider or
				through the fair hearing process. The fair hearing process is available to any
				young adult who is determined to no longer be eligible for extended foster
				care, or who has been denied readmission into extended foster care.
(2) Notice of Adverse Action. The
				community-based care lead agency shall give timely and written notice to the
				young adult regarding any decision to deny readmission or terminate
				participation in extended foster care.
(a) The
				notice shall be provided on the form "Notice of Extended Foster Care Program
				Termination, " CF-FSP 5376, incorporated by reference in subsection 65C-41.00
				5(1), F.A.C.
(b) The notice shall
				be considered timely:
1. When the notice
				concerns an application for readmission into care, if it is delivered to the
				young adult within 10 business days of the lead agency receiving the
				application.
2. When the notice
				concerns any decision to discharge a young adult from participation in extended
				foster care, if it is delivered to the young adult at least 30 calendar days
				before the action described in the notice becomes
				effective.
(c) If the
				young adult becomes eligible for participation in extended foster care prior to
				the action described in the notice becoming effective, the notice shall be
				withdrawn.
(d) A "Request for Fair
				Hearing, " CF-FSP 5380, August 2014, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-05787
,
				and "Due Process Rights, " CF/PI 175-74, incorporated by reference in
				subsection  65C-41.005(3),
				F.A.C, shall be attached to the notice.  45 C.F.R. §
											205.10  is referred to
				on CF/PI 175-74 because the regulation requires states to provide for a system
				of fair hearings.  45 C.F.R. §
											205.10, July 1992, 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.html
and
https://www.flrules.org/Gateway/reference.asp?No=Ref-05781
.
(e) The notice shall be sent by certified
				mail or provided to the young adult by hand delivery. The notice shall also be
				sent via email if the young adult has provided an email address. If the young
				adult has provided a telephone number, designated staff shall call the young
				adult and advise him or her that the notice has been sent and also is available
				for pickup at the community-based care office. Documentation of hand delivery
				and email shall be made in the young adult's file contemporaneously with the
				hand and e-mail delivery. The certified mail receipt shall also be placed in
				the young adult's file.