(1) Under any Guardianship Assistance Agreement, the state is authorized to make payments to the guardian for non-recurring, one time, expenses the guardian has incurred in connection with the guardianship. Non-recurring guardianship expenses are court costs, attorney fees, and other expenses which are directly related to the guardianship.

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Terms Used In Florida Regulations 65C-44.005

  • 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.
    (2) Agency fees shall be established by written agreement between the agency and family prior to the performance of the requested service. If these children are otherwise eligible, agency fees shall be counted as an allowable expense under non-recurring guardianship expenses. It is not necessary that the family be receiving guardianship assistance payment to be eligible for reimbursement of non-recurring guardianship expenses.
    (3) In cases where siblings are placed separately or as a unit, each child is treated as an individual with separate reimbursement for non-recurring expenses up to the maximum amount of $2,000 per child.
    (4) There are no income eligibility requirements for guardians in determining whether payments for non-recurring expenses of guardianship will be made.
    (5) Guardians cannot be reimbursed for out-of-pocket expenses for which they have been otherwise reimbursed.
    (6) The following procedures will initiate payments for reimbursement of non-recurring guardianship expenses:
    (a) All guardians will be advised by the staff person conducting the home study of the availability of non-recurring expense reimbursement;
    (b) Reimbursement for eligible costs may be made to the guardian or directly to a vendor. The staff person conducting the home study shall advise all guardians to keep copies of receipts of expenditures related to pursuing guardianship. Copies of such receipts shall be entered into the payment record in Florida Safe Families Network (FSFN.) Eligible expenses include court costs, attorney fees, birth certificates, costs of required physicals and psychological examinations, costs of transportation, lodging and food for the child and/or guardian when necessary to complete the guardianship process, and the cost of the home study if the child is in the custody of a private agency;
    (c) When completing program eligibility, the Guardianship Assistance Agreement shall be negotiated with the family and must include a statement of the projected cost to be reimbursed for non-recurring guardianship expenses as well as proposed guardianship assistance payments.
    (d) Payments for non-recurring expenses can be made up to one (1) year following the closing in permanent guardianship.
Rulemaking Authority Florida Statutes § 39.6225(11). Law Implemented Florida Statutes § 39.6225. History-New 7-23-19.