Fla. Admin. Code Ann. R. 65A-4.203 - Personal Care of a Disabled Family Member
(1) Family Member. A family member is any
individual related to any member of the assistance group by blood or marriage.
The disabled family member must reside in the home with the caregiver. The
family member with the disability can be a child or any adult member of the
family, whether or not this person is a Temporary Cash Assistance (TCA)
recipient.
(2) Disability. In order
for an individual to receive an exemption to program time limits due to their
responsibility to care for a disabled family member, the disability must be
verified. Acceptable verification is the family member's receipt of temporary
or permanent disability benefits issued by a government or private source, a
statement by a physician or licensed or certified psychologist certifying the
family member is disabled or Part B of the Statement of the Need for Care,
CF-ES 2094, 06/2009, incorporated by reference.
(3) Need for Personal Care. The disabled
family member must require the physical presence of the individual to provide
care, supervision, or arrange services , typically during the family member's
waking hours. Personal care of the family member includes the provision of
daily care services , supervision of care, and transportation. Verification of
the family member's need for personal care must be provided verbally or in
writing or by completing Part A of the CF-ES 2094. Any of the following will
also be accepted as verification of disability and the need for personal care:
(a) Receipt of hospice services ;
(b) Receipt of Home and Community Based
Services ' waiver assistance;
(c)
Receipt of Home Care for the Elderly or Home Care for Disabled
Adults;
(d) A statement by a
physician licensed under Chapter 458 or 459, F.S., which includes a diagnosis
of disability necessitating care and a prognosis estimating the length of the
disability;
(e) A Comprehensive
Assessment and Review for Long-Term Care Services disability approval prepared
by Department of Elder Affairs' staff;
(f) A Multi-Handicapped Assessment Team
evaluation from Department of Health, Children's Medical Services'
staff;
(g) Receipt of Multiple
Disciplinary Development Services ; or
(h) Verification by a children's mental
health or substance abuse provider certifying that a child meets the criteria
for serious emotional disturbance or psychoactive substance use disorder, and a
statement by a licensed psychiatrist indicating the need for care or
supervision of the child that includes a DSM-IV diagnosis, recommended
treatment for the child and caregiver, and prognosis indicating the estimated
length of time care is needed.
(4) Alternative Care. The caregiver must
indicate a lack of alternative care in both the local community and from other
family members verbally or in writing or by completing Part A of the CF-ES
2094. Alternative care might not be available because the service to meet a
specific need does not exist in the community or the cost of the service is
prohibitive.
(5) Co-existing
Conditions. Each of the conditions detailed in subsections (2) through (4)
above must exist in order for an exemption from assistance time limits due to
the provision of care for a disabled family member to be granted.
(6) Welfare Transition Employment and
Training. Care of a family member with a disability is an exemption from work
activity requirements. Individuals meeting the criteria for an exemption from
the time limits are not required to work register.
(7) Two Parent Families. When two or more
able-bodied parents live in the household with the disabled family member, only
one parent will be allowed an exemption to program time limits due to
responsibility for care of a disabled family member.
(8) Periodic Evaluation of Exemption. The
exemption from time limits will be reevaluated annually for TCA.
(9) A copy of the CF-ES 2094 is available
from the ACCESS Florida Headquarters Office, 1317 Winewood Boulevard,
Tallahassee, Florida 32399-0700 or on the Department's web site at
http://www.dcf.state.fl.us/DCFForms/Search/DCFForm
Search.aspx.
Notes
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