Fla. Admin. Code Ann. R. 65C-16.014 - Post Adoption Services

(1) The adoption case manager will provide information, in writing, to the birth and adoptive parents informing them of their rights to consent to the release of adoption records pursuant to Sections 63.162 and 63.165, F.S., within 30 days of adoption finalization.

(2) After finalization, the adoptive family may require temporary case management support, information and referral assistance and related post adoption services. Each community-based-care (CBC) agency shall provide post adoption services that include the following:

(a) At least one (1) full-time designated post adoption services staff;

(b) At least one (1) monthly adoptive parent support group(s) or monthly newsletters; and,

(c) Information and referral services.

(3) The need for medical assistance, formerly known as medical subsidy, must be established prior to the adoption placement, although the service might not actually be needed until a later date. Medical assistance is established to cover short-term medical or mental health needs of the child that are not covered through Medicaid, Children's Medical Services, or Children's Mental Health Services. The type of service and estimated cost must be documented on the signed initial Adoption Assistance Agreement prior to adoption finalization and approved by the designated Department staff, pursuant to the conditions set forth in Section 409.166(4), F.S. When this need is not established prior to the placement and the adoptive parents feel they have been wrongly denied a service on behalf of an adopted child, they have the right to to appeal the denial pursuant to Chapter 120, F.S. If it is found the service was wrongfully denied, the effective date of the service will be the date the family officially requested the service. Retroactive payment dating back to the date of placement will not be approved.

(4) An individualized service must be terminated when the condition for which it was granted no longer exists or on the child's 18th birthday, whichever occurs first. Children needing residential mental health services will be referred to the Department's Substance Abuse and Mental Health Program Office.

(5) The cost for a service will not be paid when those costs can be or are covered by the adopting family's medical insurance, Children's Medical Services, Children's Mental Health Services, Medicaid, Agency for Persons with Disabilities or local school districts.

(6) The adoptive parents must obtain the approval of the CBC agency or subcontractor agency prior to planning for the use of a service if the adoptive parents will be seeking reimbursement.

(a) Once approval has been obtained, the adoptive parents must submit a copy of the bill for the service to the CBC agency or subcontractor agency to initiate reimbursement. The bill must be clearly legible and must specify the name of the child, the service rendered, the date of the service, and the charge for the service.

(b) If the adoptive parents and the CBC agency are in agreement, payments can be made directly to the service provider.

(7) When a request for a post-adoption service(s) is denied, the CBC agency shall notice the Department of the denied service. The Department shall notify the adoptive parent(s) of any denial of post-adoption services and advise them of the option for review of the denial pursuant to the Administrative Procedures Act, Chapter 120, F.S.

Notes

Fla. Admin. Code Ann. R. 65C-16.014

Rulemaking Authority 409.166(8) FS. Law Implemented 409.166 FS.

New 2-14-84, Formerly 10M-8.21, 10M-8.021, Amended 12-23-97, 8-19-03, 11-30-08, Amended by Florida Register Volume 42, Number 120, June 21, 2016 effective 7/7/2016, Amended by Florida Register Volume 44, Number 006, January 9, 2018 effective 1/22/2018, Amended by Florida Register Volume 47, Number 149, August 3, 2021 effective 8/15/2021.

New 2-14-84, Formerly 10M-8.21, 10M-8.021, Amended 12-23-97, 8-19-03, 11-30-08, 7-7-16, 1-22-18, 8-15-21.