Florida Regulations 65C-41.002: Application Procedures
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(1) Children in the legal custody of the Department on the date of their 18th birthday do not need to apply for Extended Foster Care. If the child exercises his or her option to remain in foster care under the jurisdiction of the court, the child and designated staff shall complete an “”Extended Foster Care Agreement,”” CF-FSP 5432, Jan 2020, incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11497. The agreement and any supporting documentation must be attached to the transition plan that is updated during the 90-day period immediately prior to the date on which the youth will attain 18 years of age, uploaded in Florida Safe Families Network (FSFN), and be filed with court at the last review hearing before the child’s 18th birthday.
(2) A young adult may apply for readmission to extended foster care at any time before his or her 21st birthday. Prior discharge from the program is not a barrier to readmission. A young adult shall be admitted provided the young adult meets the eligibility requirements of Florida Statutes § 39.6251 Young adults who voluntarily re-enter foster care after turning 18 years of age following dismissal of dependency are considered to be entering a new foster care episode. Applications for admission must be readily available to young adults. The application form to be used is “”Extended Foster Care Voluntary Placement Agreement,”” CF-FSP 5377, Jan 2020, incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11496.
(a) To enter extended foster care after having left foster care, the young adult must complete the Extended Foster Care Voluntary Placement Agreement and provide proof of participating in a qualifying activity. Designated staff shall offer to assist the young adult with completing the form and/or obtaining necessary documentation.
1. If the young adult is unable to participate in a qualifying activity due to a physical, intellectual, emotional, or psychiatric condition, the young adult shall either furnish documentation of the condition or execute a consent for release of records to the designated staff to obtain the documentation. The designated staff shall attach documentation of the inability to the Extended Foster Care Voluntary Placement Agreement.
2. All young adults with diagnosed disabilities or mental health needs shall be provided an equal opportunity to participate in extended foster care. A young adult with diagnosed disabilities or mental health needs may need additional support; therefore, the designated staff will work in consultation with all of the young adult’s service providers, guardian ad litem, and attorney, if applicable.
(b) If the young adult does not meet eligibility requirements, designated staff shall offer to assist the young adult in choosing and enrolling in a qualifying activity and applying for Aftercare Services.
(c) The young adult must be notified within 10 business days of submitting the application whether the application was approved or denied, or whether additional information, including supporting documentation, is needed.
1. The decision to approve or deny shall be based solely on whether the young adult meets the requirements of Florida Statutes § 39.6251
2. If the decision is to readmit the young adult into extended foster care, within three (3) business days, the designated staff shall request the Children’s Legal Services attorney or legal representative of the Department to petition the court for reinstatement of jurisdiction.
3. Reinstatement of jurisdiction must occur within 90 days from the time the Extended Foster Care Voluntary Placement Agreement is signed by all parties.
4. Upon verification and approval of eligibility, the signed Extended Foster Care Voluntary Placement Agreement shall be uploaded into the Florida Safe Families Network (FSFN).
5. If the decision is to deny the application for extended foster care, the community-based care agency shall make a recommendation of denial to the Department’s designated regional operations representative for review and agreement. If the Department disagrees with the denial and is unable obtain consensus with the community-based care lead agency, documentation should then be forwarded to the Department’s regional representative in the Office of the General Counsel. If after consultation, there is continued disagreement, documentation should be forwarded to the Department’s headquarters representative in the Office of Child Welfare for continued review. The Department’s headquarters representative will make the final determination in the conflict resolution. Upon reaching agreement with the adverse action, designated staff shall provide a “”Notice of Denial for Readmission into Extended Foster Care,”” CF-FSP 5410, Sept 2018, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10157, and an “”Application for Aftercare Services,”” CF-FSP 5391, May 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05789. The “”Due Process Rights”” form, CF/PI 175-74, August 2014, incorporated by reference in subsection 65C-41.005(1), F.A.C., and a “”Request for Fair Hearing,”” CF-FSP 5380, August 2014, incorporated by reference in subsection 65C-41.006(2), F.A.C., shall be attached the Notice of Denial for Readmission into Extended Foster Care.
6. If additional information is needed, the young adult shall have 10 business days from notification to submit the information. Designated staff shall offer to assist the young adult in obtaining the additional information. If the young adult fails to provide the additional information, the young adult will be denied readmission into extended foster care.
Rulemaking Authority 39.012, 39.0121, 39.6251, 409.1451 FS. Law Implemented 39.6251, 409.1451 FS. History-New 11-2-15, Amended 1-7-19, 2-4-20.
Terms Used In Florida Regulations 65C-41.002
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(a) To enter extended foster care after having left foster care, the young adult must complete the Extended Foster Care Voluntary Placement Agreement and provide proof of participating in a qualifying activity. Designated staff shall offer to assist the young adult with completing the form and/or obtaining necessary documentation.
1. If the young adult is unable to participate in a qualifying activity due to a physical, intellectual, emotional, or psychiatric condition, the young adult shall either furnish documentation of the condition or execute a consent for release of records to the designated staff to obtain the documentation. The designated staff shall attach documentation of the inability to the Extended Foster Care Voluntary Placement Agreement.
2. All young adults with diagnosed disabilities or mental health needs shall be provided an equal opportunity to participate in extended foster care. A young adult with diagnosed disabilities or mental health needs may need additional support; therefore, the designated staff will work in consultation with all of the young adult’s service providers, guardian ad litem, and attorney, if applicable.
(b) If the young adult does not meet eligibility requirements, designated staff shall offer to assist the young adult in choosing and enrolling in a qualifying activity and applying for Aftercare Services.
(c) The young adult must be notified within 10 business days of submitting the application whether the application was approved or denied, or whether additional information, including supporting documentation, is needed.
1. The decision to approve or deny shall be based solely on whether the young adult meets the requirements of Florida Statutes § 39.6251
2. If the decision is to readmit the young adult into extended foster care, within three (3) business days, the designated staff shall request the Children’s Legal Services attorney or legal representative of the Department to petition the court for reinstatement of jurisdiction.
3. Reinstatement of jurisdiction must occur within 90 days from the time the Extended Foster Care Voluntary Placement Agreement is signed by all parties.
4. Upon verification and approval of eligibility, the signed Extended Foster Care Voluntary Placement Agreement shall be uploaded into the Florida Safe Families Network (FSFN).
5. If the decision is to deny the application for extended foster care, the community-based care agency shall make a recommendation of denial to the Department’s designated regional operations representative for review and agreement. If the Department disagrees with the denial and is unable obtain consensus with the community-based care lead agency, documentation should then be forwarded to the Department’s regional representative in the Office of the General Counsel. If after consultation, there is continued disagreement, documentation should be forwarded to the Department’s headquarters representative in the Office of Child Welfare for continued review. The Department’s headquarters representative will make the final determination in the conflict resolution. Upon reaching agreement with the adverse action, designated staff shall provide a “”Notice of Denial for Readmission into Extended Foster Care,”” CF-FSP 5410, Sept 2018, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10157, and an “”Application for Aftercare Services,”” CF-FSP 5391, May 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05789. The “”Due Process Rights”” form, CF/PI 175-74, August 2014, incorporated by reference in subsection 65C-41.005(1), F.A.C., and a “”Request for Fair Hearing,”” CF-FSP 5380, August 2014, incorporated by reference in subsection 65C-41.006(2), F.A.C., shall be attached the Notice of Denial for Readmission into Extended Foster Care.
6. If additional information is needed, the young adult shall have 10 business days from notification to submit the information. Designated staff shall offer to assist the young adult in obtaining the additional information. If the young adult fails to provide the additional information, the young adult will be denied readmission into extended foster care.
Rulemaking Authority 39.012, 39.0121, 39.6251, 409.1451 FS. Law Implemented 39.6251, 409.1451 FS. History-New 11-2-15, Amended 1-7-19, 2-4-20.