Florida Regulations 65C-41.003: Eligibility Requirements
Current as of: 2024 | Check for updates
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(1) Florida Statutes § 39.6251, sets forth the eligibility requirements for a young adult to remain in extended foster care.
(2) A young adult is considered to have been living in licensed care on the date of his or her 18th birthday if the young adult was in the legal custody of the Department on the date of his or her 18th birthday.
(3) To meet the educational requirements set forth in Sections 39.6251(2)(a)-(b), F.S., the young adult must comply with the academic and attendance requirements of his or her particular educational institution.
(4) If the young adult’s qualifying activity is employment, the young adult must be employed at least 80 hours per month. Due to the nature of scheduling of flexible or part-time shifts and seasonal employment, the community-based care lead agency may determine the young adult meets this requirement over an aggregate time period of the previous 90 days.
(5) If the young adult’s qualifying activity is participating in a program or activity designed to promote or eliminate barriers to employment, the young adult must comply with the requirements of the program or activity.
(6) A young adult may change qualifying activities and remain in extended foster care. A change in qualifying activity shall be documented by the young adult and designated staff in the transition plan. This change may also require the designated staff to amend the case plan.
(7) If a young adult is unable to participate full-time in a program or activities listed in Sections 39.6251(2)(a)-(d), F.S., due to a physical, intellectual, emotional, or psychiatric condition that limits participation, designated staff shall:
(a) Determine whether there is documentation in the young adult’s case file, school records, or medical records that establishes an inability to participate fulltime. If there is no existing documentation, staff shall assist the young adult in securing supporting documentation of the condition from a person licensed under one of the following chapters of Florida Statutes: 458 (M.Ds.), 459 (O.Ds.), 460 (chiropractors), 461 (podiatrists), 463 (optometrists), 464 (nurses), 466 (dentists only), 468 Part I (speech pathologists and audiologists), 468 Part III (occupational therapists), 468 Part V (respiratory therapists), 468 Part X (dieticians and nutritionists), 486 (physical therapists), 490 (psychologists), and 491 (clinical social workers, mental health counselors, and marriage and family counselors); and
(b) Develop or amend the case plan to address the condition and the accommodations or modifications to be implemented to achieve goals detailed in the transition plan.
(8) Participation by the Young Adult in Case Management and Judicial Proceedings. In addition to engaging in one or more of the qualifying activities set forth in Florida Statutes § 39.6251(2), the young adult must continue to reside in an approved supervised living arrangement and meet face to face in the home every month with designated staff. The young adult shall be encouraged to participate in ongoing transition and case planning, and judicial review and permanency hearings.
(a) The young adult must sign necessary releases to enable the designated staff to document the young adult’s participation in the qualifying activity or activities.
(b) The designated staff must consult with the young adult in drafting the case plan.
(c) In preparation for each judicial review hearing, the designated staff must collaborate with the young adult in preparing the Judicial Review Social Study Report (“”JRSSR””).
Rulemaking Authority 39.012, 39.0121, 39.6251(10) FS. Law Implemented Florida Statutes § 39.6251. History-New 11-2-15, Amended 2-7-19, 11-18-19, 7-22-20.
(3) To meet the educational requirements set forth in Sections 39.6251(2)(a)-(b), F.S., the young adult must comply with the academic and attendance requirements of his or her particular educational institution.
(4) If the young adult’s qualifying activity is employment, the young adult must be employed at least 80 hours per month. Due to the nature of scheduling of flexible or part-time shifts and seasonal employment, the community-based care lead agency may determine the young adult meets this requirement over an aggregate time period of the previous 90 days.
(5) If the young adult’s qualifying activity is participating in a program or activity designed to promote or eliminate barriers to employment, the young adult must comply with the requirements of the program or activity.
(6) A young adult may change qualifying activities and remain in extended foster care. A change in qualifying activity shall be documented by the young adult and designated staff in the transition plan. This change may also require the designated staff to amend the case plan.
(7) If a young adult is unable to participate full-time in a program or activities listed in Sections 39.6251(2)(a)-(d), F.S., due to a physical, intellectual, emotional, or psychiatric condition that limits participation, designated staff shall:
(a) Determine whether there is documentation in the young adult’s case file, school records, or medical records that establishes an inability to participate fulltime. If there is no existing documentation, staff shall assist the young adult in securing supporting documentation of the condition from a person licensed under one of the following chapters of Florida Statutes: 458 (M.Ds.), 459 (O.Ds.), 460 (chiropractors), 461 (podiatrists), 463 (optometrists), 464 (nurses), 466 (dentists only), 468 Part I (speech pathologists and audiologists), 468 Part III (occupational therapists), 468 Part V (respiratory therapists), 468 Part X (dieticians and nutritionists), 486 (physical therapists), 490 (psychologists), and 491 (clinical social workers, mental health counselors, and marriage and family counselors); and
(b) Develop or amend the case plan to address the condition and the accommodations or modifications to be implemented to achieve goals detailed in the transition plan.
(8) Participation by the Young Adult in Case Management and Judicial Proceedings. In addition to engaging in one or more of the qualifying activities set forth in Florida Statutes § 39.6251(2), the young adult must continue to reside in an approved supervised living arrangement and meet face to face in the home every month with designated staff. The young adult shall be encouraged to participate in ongoing transition and case planning, and judicial review and permanency hearings.
(a) The young adult must sign necessary releases to enable the designated staff to document the young adult’s participation in the qualifying activity or activities.
(b) The designated staff must consult with the young adult in drafting the case plan.
(c) In preparation for each judicial review hearing, the designated staff must collaborate with the young adult in preparing the Judicial Review Social Study Report (“”JRSSR””).
Rulemaking Authority 39.012, 39.0121, 39.6251(10) FS. Law Implemented Florida Statutes § 39.6251. History-New 11-2-15, Amended 2-7-19, 11-18-19, 7-22-20.