Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-42 - ROAD TO INDEPENDENCE › Section 65C-42.004 - 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 Postsecondary Education Services and Support or Aftercare 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
				either of these programs, whose benefits have been reduced or changed, or whose
				application for either of these programs has been denied.
(2) Notice of Adverse Action. The
				community-based care lead agency shall give timely written notice to the young
				adult regarding any decision to deny an application for or terminate
				participation in PESS or Aftercare Services.
(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. Forms CF-FSP 5402 and CF-FSP
				5407 are available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-05836
,
				and
http://www.flrules.org/Gateway/reference.asp?No=Ref-05837
,
				respectively. A community-based care lead agency may add its logo to forms
				CF-FSP 5402 and 5407.
(b) The
				notice shall be considered timely:
1. When the
				notice concerns an application for PESS or Aftercare Services, 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 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.
(c) A "Request
				for Fair Hearing, " CF-FSP 5380, August 2014, incorporated by reference, and
				"Due Process Rights, " CF/PI 175-74, incorporated by reference in subparagraph
				65C-42.002
				(3)(f) 3., F.A.C., shall be attached to the
				notice. Forms CF-FSP 5380 and CF/PI 175-74 are available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-05831
,
				and
http://www.flrules.org/Gateway/reference.asp?No=Ref-05830
,
				respectively.  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.html
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-05829
.
				A community-based care lead agency may add its logo to form CF-FSP 5380 and
				CF/PI 175-74.
(d) The notice shall
				be sent by certified mail and regular mail or provided to the young adult by
				hand delivery. 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. The
				notice shall also be sent via email, if the young adult has provided an email
				address. Documentation of hand delivery and email shall be made in the young
				adult's file contemporaneously with the hand and email delivery. The certified
				mail receipt shall also be placed in the young adult's
				file.