Fla. Admin. Code Ann. R. 65C-17.004 - Criteria for Fee Waiver and Change in Personal Allowance

(1) A request for fee waiver or change in personal allowance shall be for a specific sum and no longer than six months in duration. A request shall be effective the month the request and all supporting documentation is received by the Department. However, the effective date may be retroactive to the month form CF 285D, Notice of Fee Assessment and Rights of the Foster Child, is filed with the court in accordance with 65C-17.003(2)(h): for the effective date to be retroactive, the application with supporting documentation must be submitted to the Department within three months of the date form CF 285D is filed with the court.

(2) The request must be client specific and individualized based on the client's current or long-term needs.

(3) A decision to grant a fee waiver or change in personal allowance must be made by utilizing the following criteria:

(a) Expressed preferences of the client. When age and developmentally-appropriate, the committee shall consider the clients preferences in relation to short-term and long-term goals.

(b) Needs of the client. The committee shall consider the specific needs and abilities of a client when reviewing requests for services, equipment, and items to be purchased and their potential to improve the client's quality-of-life.

(c) Status of the case. The client's permanency goal and goal date must be considered. If the goal is reunification, the committee shall consider whether the funds are utilized to promote a successful reunification while monitoring subaccount balances to avoid making the client or family ineligible for benefits when the client returns home. When Another Planned Permanent Living Arrangement (APPLA) is the permanency goal, educational, vocational needs, and youth and young adult transition services become the primary focus for utilization of funds.

(d) Amount and duration of request. The committee shall consider the amount of money currently available in the current needs account and other income or assets the client may have outside of the account. If the client receives SSI benefits, the committee should consider if the expenditure plan sufficiently reflects that the funds that would accumulate upon approval will not exceed the maximum countable $2,000 resource limit.

(e) Other resources reasonably available to the client. The committee shall consider other resources such as other family or community support that can be used to meet the needs of the client. A fee waiver shall not be used to purchase goods or services for which the client is eligible from community agencies or other federal and state programs, unless such goods or services are shown to be unavailable.

Notes

Fla. Admin. Code Ann. R. 65C-17.004

Rulemaking Authority 402.17(1)(a)9., 402.33(2), (7)(a) FS. Law Implemented 402.17, 402.17(2)(c), 402.33 FS.

New 4-6-99, Amended by Florida Register Volume 50, Number 153, August 6, 2024 effective 8/21/2024.

New 4-6-99.