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CFOP 170-17 This operating procedure supersedes CFOP 170-17 dated August 15, 2018. OPR: Office of Child Welfare DISTRIBUTION: X: OSGC; ASGO; Region/Circuit Child Welfare staff. STATE OF FLORIDA DEPARTMENT OF CF OPERATING PROCEDURE CHILDREN AND FAMILIES NO. 170-17 TALLAHASSEE, December 15, 2018 Child Welfare SERVICES FOR TRANSITIONING YOUTH AND YOUNG ADULTS This operating procedure provides guidance and minimum procedure requirements for assisting transitioning youth and young adults to successful adulthood. The guidance includes best practice for specific service delivery and documentation of independent living services. This operating procedure is applicable to all Department of Children and Families (Department) child welfare staff, Community-Based Care (CBC) Lead Agencies, child welfare subcontracted case management organizations, and sheriff offices that conduct child protective investigations. BY DIRECTION OF THE SECRETARY: (Signed original copy on file) JOSHONDA GUERRIER Assistant Secretary for Child Welfare SUMMARY OF REVISED, DELETED, OR ADDED MATERIALS This operating procedure was amended to add Chapter 3, Extended Foster Care, and add Chapter 7, Extended Federally Funded Foster Care.

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CFOP 170-17

This operating procedure supersedes CFOP 170-17 dated August 15, 2018. OPR: Office of Child Welfare DISTRIBUTION: X: OSGC; ASGO; Region/Circuit Child Welfare staff.

STATE OF FLORIDA DEPARTMENT OF CF OPERATING PROCEDURE CHILDREN AND FAMILIES NO. 170-17 TALLAHASSEE, December 15, 2018

Child Welfare

SERVICES FOR TRANSITIONING YOUTH AND YOUNG ADULTS

This operating procedure provides guidance and minimum procedure requirements for assisting transitioning youth and young adults to successful adulthood. The guidance includes best practice for specific service delivery and documentation of independent living services.

This operating procedure is applicable to all Department of Children and Families (Department) child welfare staff, Community-Based Care (CBC) Lead Agencies, child welfare subcontracted case management organizations, and sheriff offices that conduct child protective investigations.

BY DIRECTION OF THE SECRETARY:

(Signed original copy on file) JOSHONDA GUERRIER Assistant Secretary for Child Welfare

SUMMARY OF REVISED, DELETED, OR ADDED MATERIALS

This operating procedure was amended to add Chapter 3, Extended Foster Care, and add Chapter 7, Extended Federally Funded Foster Care.

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TABLE OF CONTENTS Paragraph

ii

Chapter 1 – LIFE SKILLS ASSESSMENT, DAILY LIVING SKILLS, AND OTHER TRANSITIONAL TYPE SERVICES (Draft Pending)

Chapter 2 – TRANSITION PLANNING FOR YOUTH Purpose ................................................................................................................................. 2-1 Definitions ............................................................................................................................. 2-2 Roles and Responsibilities .................................................................................................... 2-3 Pre-Planning, Assessment, and Review ................................................................................ 2-4 Records and Resources Exchanged ..................................................................................... 2-5 Developing and Updating the Transition Plan ........................................................................ 2-6 Transition Plan Meetings ....................................................................................................... 2-7 FSFN Documentation ............................................................................................................ 2-8

Chapter 3 – EXTENDED FOSTER CARE Purpose ................................................................................................................................. 3-1 Definitions ............................................................................................................................. 3-2 Transitioning Youth to EFC ................................................................................................... 3-3 Young Adults Readmission into Foster Care ......................................................................... 3-4 Evaluating and Supervising Living Arrangements .................................................................. 3-5 Ongoing Assessment of a Qualifying Activity……………………………………………………...3-6 Discharge and Denial Review……………………………………………………………………….3-7 FSFN Documentation ............................................................................................................ 3-8

Chapter 4 – POSTSECONDARY EDUCATION SERVICES AND SUPPORT (Draft Pending)

Chapter 5 – AFTERCARE SERVICES (Draft Pending)

Chapter 6 – NATIONAL YOUTH IN TRANSITION DATABASE (Draft Pending)

Chapter 7 – EXTENDED FEDERALLY FUNDED FOSTER CARE Purpose ................................................................................................................................. 7-1 Definitions ............................................................................................................................. 7-2 Application Procedures ......................................................................................................... 7-3 Eligibility Requirements ......................................................................................................... 7-4 Case Planning and Management Reviews ............................................................................ 7-5 Discharge from Program ....................................................................................................... 7-6 Conflict Resolution and Appeals ............................................................................................ 7-7

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Chapter 1

LIFE SKILLS ASSESSMENT, DAILY LIVING SKILLS, AND OTHER TRANSITIONAL TYPE SERVICES

(Draft Pending)

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Chapter 2

TRANSITION PLANNING FOR YOUTH

2-1. Purpose.

a. The development of life skills and preparation for that transition to adulthood begins at age 13 years of age; however, this chapter outlines policies for transition planning specific to the requirements referenced in s. 39.6035, Florida Statutes (F.S.), and preparing for judicial review hearings for children 17 years of age as referenced in s. 39.701, F.S.

b. This chapter describes policies relevant to effective transition planning for older youth under the protective supervision of the Department, providing specific guidance as to the roles and responsibilities of child welfare professionals and caregivers, and timeframes as to when a transition plan must be developed and finalized. The chapter also details the information that needs to be addressed in the plan and the relevant records or resources that must be exchanged in preparation for the youth’s transition to adulthood.

2-2. Definitions.

a. “Transition Plan.” The required written plan developed by the youth or young adult that contains the goals, choices, and decisions for obtaining or maintaining the services necessary to successfully transition to adulthood. The plan provides details on the transition services outlined in the case plan, and identifies and explains roles of the supportive adult or designated staff assisting in services.

b. “My Pathway to Success Plan.” A universal form (CF-FSP 5425, available in DCF Forms) that the youth or young adult utilizes to detail the goals, choices, and decisions for obtaining or maintaining the services necessary to successfully transition to adulthood. Once completed, the document becomes that youth’s individual Transition Plan.

c. “Independent Living Specialist.” A child welfare professional that exhibits a level of subject matter expertise in the delivery of independent living services and fully comprehends program eligibility for Extended Foster Care (EFC), Postsecondary Education Services and Support (PESS), and Aftercare Services.

d. “Transitioning Youth.” Children 16-17 years of age, that have not yet reached their 18th birthday, under the Department’s protective supervision.

e. “Transition Facilitator.” A designated child welfare professional that establishes a positive relationship with the Transitioning Youth, proficient in both case management and independent living services, that takes the lead in coordinating the development of the transition plan and ensures that the requirements in ss. 39.6035 and 39.701(3), F.S., are satisfied for each youth.

f. “Records and Resources Exchanged.” A universal form (CF-FSP 5426, available in DCF Forms) used to document the required information that must be provided to the youth during the youth’s period of transition.

g. “Transition Planning Meeting.” A time when the Transitioning Youth, Transition Facilitator, and other chosen Supportive Adult(s) meet to develop, review and/or finalize the Transition Plan.

h. “Supportive Adult.” A positive, potentially permanently connected adult that is willing and able to assist the Transitioning Youth with the youth’s Transition Plan and provide encouragement in the youth’s transition to adulthood.

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2-3. Roles and Responsibilities.

a. Caregivers are required to take the lead in a number of activities demonstrating quality parenting such as assisting youth in mastering age appropriate life skills. It is the responsibility of child welfare professionals to work collaboratively, supporting the caregiver and Transitioning Youth as he or she makes the transition to adulthood.

b. The Independent Living Specialist assesses and manages the life skills and independent living service delivery to older foster youth and eligible young adults. This designated child welfare professional must team with the Transition Facilitator, assisting in acquiring and sharing critical case information that may impact the youth’s transition.

c. The Transition Facilitator takes the lead role in ensuring that each Transitioning Youth has an opportunity to develop a comprehensive plan and receives the required records and resources necessary to help him or her become self-sufficient.

d. The Independent Living Specialist and Transition Facilitator may be the same child welfare professional as the roles are not mutually exclusive.

e. The Transitioning Youth shall develop an individualized Transition Plan utilizing the My Pathways to Success Plan (form CF-FSP 5425, available in DCF Forms) and establish a list of Supportive Adults that may contribute to the planning and development process. These actions shall be in collaboration with the Transition Facilitator.

(1) If the Transitioning Youth has an impairment due to a physical, intellectual, emotional, or psychiatric condition that substantially limits his or her ability to develop the plan, the Transition Facilitator shall aid in developing the plan with the Transitioning Youth and the youth’s caregiver, as well as other Supportive Adults such as potential guardians, individuals from the Agency for Persons with Disabilities (APD), and School District personnel.

(2) The Transition Facilitator must also assist in ensuring that diligent efforts are made by relevant child welfare professionals to obtain a plenary guardian or legal guardianship for Transitioning Youth who are receiving services from APD, are on the APD waiting list, or any youth as specified in s. 39.701(3)(b)1, F.S. A guardian must be identified to assist with informed decisions made on the youth’s behalf when the youth reaches 18 years of age.

(3) In the event the Transitioning Youth is unable to write the Transition Plan, the Transition Facilitator shall assist in writing the plan using the responses provided by the youth or the youth’s guardian and coordinate with case management staff to determine revisions to the case plan.

2-4. Pre-Planning, Assessment, and Review.

a. In order to assist the youth in transition, the Transition Facilitator shall establish a positive relationship with the Transitioning Youth. Building a connection is an important step in establishing trust and respect which will in turn yield a more productive Transition Plan.

(1) To establish or maintain a positive connection with the youth, a Transition Facilitator shall participate in both formal and informal meetings with the youth by attending some home visits, court hearings, permanency staffings, appointments, and school and community events. These meetings will not only keep the Transition Facilitator well-informed about important case related information but will also assist in rapport building.

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(2) If the youth is residing out of the assigned direct service area and the primary Transition Facilitator is unable to establish the face to face contact necessary to maintain a positive relationship, a courtesy Transition Facilitator must take the lead.

(3) At every opportunity the Transition Facilitator shall engage the youth in conversation about topics that will elicit ideas for successfully reaching life goals. Getting the youth to begin critically thinking about his or her future is a key element in pre-planning.

(4) Conversation between the Transition Facilitator and Transitioning Youth shall cover elements that will be captured in the Transition Plan and Records and Resources Exchanged form. There must also be dialogue to identify individuals whom the youth would like to attend the Transition Planning Meeting(s) and/or assist the youth in the development of the Transition Plan.

b. In addition to establishing or maintaining a relationship, the Transition Facilitator shall conduct an informal assessment of the youth’s wellbeing, utilizing all records available, and determine strengths and needs pertinent to the development of the Transition Plan. Any needs must be addressed during the Transition Planning Meeting(s) and discussed separately with relevant child welfare professionals. A thorough evaluation of the youth’s wellbeing will include a review of documents to include, but not be limited to:

(1) Child Functioning as detailed in the ongoing Family Functioning Assessment.

(2) Department of Juvenile Justice Records.

(a) Face Sheet.

(b) Risk Assessment.

(3) Behavioral Health Records.

(a) Comprehensive Behavioral Health Assessment.

(b) Psychological and Psychiatric Evaluations.

(c) Treatment Plans.

(4) Physical Health Records.

(5) Education Records.

(a) Individualized Education Plan.

(b) 504 Plan.

(6) Life Skills Assessment(s)

2-5 Records and Resources Exchanged. The item identified in paragraphs 2-5b and c below are included on form CF-FSP 5426 (available in DCF Forms). The list is not meant to be exhaustive. The form includes space for the Transition Plan Facilitator and Independent Living Specialist to add additional items that need to be included to promote wellbeing during the transition to adulthood.

a. Providing youth with essential records and resources during their period of transition shall begin as age appropriate for each applicable item. For example, having a discussion with and providing information to youth at 14 years of age regarding the credit check requirements and the results of those reports would be age appropriate. Another example is obtaining or having a discussion

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regarding the court order that removes the youth’s disability of nonage that may occur as early as 16 years of age because the youth desires to open his or her own individual bank account or obtain his or her own car insurance.

b. A list of required documents and information to be provided to the Transitioning Youth includes, but is not be limited to:

(1) Birth Certificate.

(2) Social Security Card.

(3) Florida Identification Card.

(4) Driver’s/Learner’s License.

(5) Medicaid Card.

(6) Bank Account.

(7) Master Trust Account (if applicable).

(8) Medical/Dental.

(9) Behavioral Health.

(10) Education.

(11) Disability of nonage court order.

(12) Letter providing dates that the child is under jurisdiction of the court.

(13) Process for accessing case file.

(14) Provide Financial Literacy Curriculum by Department of Financial Services (DFS).

(15) Independent Living Programs.

(16) Health Care Surrogate Designation of Power of Attorney.

(17) ACCESS Florida Public Assistance Programs.

c. A list of recommended documents and information to provide the Transitioning Youth (if applicable) includes, but is not be limited to:

(1) Photographs.

(2) Immigration.

(3) Voter Registration.

(4) Credit Check.

(5) Juvenile Justice.

(6) Life Skills Assessment(s).

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(7) Pregnant and Parenting.

(8) Budget.

(9) Criminal Record Expunction.

(10) Tuition and Fee Exemption.

(11) Free Application for Federal Student Aid (FAFSA).

(12) Scholarships.

(13) Keys to Independence Program.

(14) Social Security Administration.

(15) Career Source Florida.

(16) Supportive Adult Contacts.

(17) Disability.

d. The Records and Resources Exchanged form must be signed by the Transition Facilitator attesting to meeting the requirements pursuant to s. 39.701(3), F.S., and filed with the court to align with the special 17-year-old judicial review hearing which occurs within 90 days of the youth’s 17th birthday.

2-6. Developing and Updating the Transition Plan.

a. Transition Plans must be constructed utilizing the My Pathway to Success Plan (form CF-FSP 5425, available in DCF Forms). The form is designed to encourage the youth to critically think about the youth’s future and make realistic goals prior to writing down a plan for each specific subject area.

b. The Transition Plan shall be as detailed as the youth chooses and be conducted in the youth’s primary language as specified in s. 39.6035, F.S.

c. The My Pathway to Success Plan form lists the following subjects:

(1) Short Term Goals. This subject addresses the youth’s planned accomplishments in the near future such as graduating high school, getting a part time job, and obtaining a driver license. The plan may also include intangible goals such as develop better study habits or be more cooperative with the trusted adults helping with the Transition Plan. The youth shall also reference the supportive adults, along with the programs that will assist in the process. The programs may include EFC, PESS, and Aftercare Services, if applicable.

(2) Long Term Goals. This subject lists goals specific to something that youth wants to do further into the future such as graduating college, becoming a physical therapist, moving to Australia, and buying a car. The youth may also want to write down intangible goals such as improving a relationship with family members or becoming financially self-sufficient. The youth will also reference the supportive adults, along with the programs that will assist in the process.

(3) Housing. This subject specifies where the youth wants to live after turning 18 years old and what preparations need to be made, taking into consideration the current living situation and

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permanency goal. For youth who are likely to age out of care in EFC, an appropriate living arrangement option must also be listed.

(4) Health Insurance. This subject addresses health insurance coverage, giving consideration to the youth’s current Medicaid Managed Care plan. The plan may include consulting with a child welfare professional to discuss possible options, benefits, and requirements for continued enrollment after the youth reaches 18 years of age.

(5) Education. This subject covers the strategy for achieving the youth’s educational goals. A step by step approach to reaching the goal may be for the youth to write down the career or job title desired and then write what degree or certification is required, along with the schools that may have reputable programs and services for supporting former foster youth. The youth shall also give consideration on tuition and other costs associated with their goal.

(6) Financial Literacy. This subject details the steps necessary to acquire the skills and knowledge that enables the youth to understand and make good decisions about money. Consideration shall be given to the existing tools and publications that promote financial education such as the programs provided by Florida Department of Financial Services.

(7) Driver’s License. This subject details the plan for obtaining licensure and the steps required such as taking the Drug and Alcohol Safety Course. This may include the Keys to Independence Program or other applicable resources available to assist in reaching the goal. Consideration must be given to the age and development of the youth.

(8) Workforce Support and Employment Services. This subject includes the detail needed to accomplish goals relevant to a career. However, the information may or may not sync with specific education goals as the youth may choose to list out tasks necessary to acquire a part time job while completing secondary education or attending a postsecondary institution. The first activity may be to visit a local or online resource for guidance on completing a resume or filling out a job application.

d. The development of the Transition Plan must begin when the youth turns 16 years of age.

(1) A draft of the initial written Transition Plan must be completed no later than 16½ years of age to allow child welfare professionals and caregiver(s) adequate time to work with the youth in meeting the goals in the youth’s plan and address any skills deficiencies.

(2) The initial Transition Plan must be filed with the court to align with the special 17-year-old judicial review hearing occurring within the 90 days of the youth’s 17th birthday pursuant to s. 39.701(3), F.S.

e. If the Department begins protective supervision any time after the youth’s 16th birthday, the Transition Plan must be initiated within 30 days. The Transition Plan must be completed within 90 days after the start of the Department’s protective supervision or prior to the first judicial review, whichever comes first. If protective supervision begins within the 90-day period prior to the youth’s 18th birthday, transition planning must begin immediately to include the completion of the written plan.

f. The Transition Facilitator must encourage and guide the Transitioning Youth to update sections of the My Pathway to Success Plan as often as necessary to ensure that the Transition Plan reflects the most relevant goals and circumstances to meet the needs in the youth’s life.

g. Regardless of how often the My Pathway to Success Plan has been revised, an updated Transition Plan must be documented during the 90-day period immediately prior to the date on which the youth will attain 18 years of age.

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h. If the Transitioning Youth is eligible and plans to remain in EFC after turning 18 years old the Transition Facilitator must ensure that the Transition Plan includes an agreement detailing the chosen qualifying activity and supervised living arrangement as referenced in Rule 65C-41.004, Florida Administrative Code (F.A.C.).

i. The finalized My Pathway to Success Plan will serve as the last written Transition Plan unless the youth transitions to EFC.

2-7 Transition Plan Meetings.

a. The Transition Facilitator is responsible for scheduling the meeting and must consult with the youth, scheduling a date, time, and place to begin formally drafting the initial Transition Plan.

(1) A list of Supportive Adults must be developed and those adults invited to attend the meeting as approved by the Transitioning Youth and Transition Facilitator.

(2) In the instance that a Transitioning Youth provides the Transition Facilitator a completed My Pathway to Success Plan at the time of the initial meeting, the meeting shall focus on going over the youth responses and assisting the youth in enhancing areas that may need further detail.

b. The Transition Facilitator may schedule additional meetings as needed to ensure the Transition Plan is updated and reflects the most relevant goals and circumstances to meet the needs of the youth.

2-8. FSFN Documentation.

a. Initial Transition Plan Meetings must be documented in the FSFN Meetings Module using the meeting type of “Transition Planning – Initial.”

b. Follow up meetings and/or updates to the Transition Plan must be documented in the FSFN Meetings Module using the meeting type of “Transition Planning – Ongoing.”

c. All Transition Plans finalized during the 90-day period immediately prior to the date on which the youth will attain 18 years of age must be documented in the FSFN Meetings Module using the meeting type of “Transition Planning – Closure.”

d. Both the My Pathway to Success Plan (form CF-FSP 5425) and the Records and Resources Exchanged (form CF-FSP 5426) must be scanned into FSFN and attached to the Meeting page using the appropriate meeting type.

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Chapter 3

EXTENDED FOSTER CARE

3-1. Purpose. This chapter outlines policies for s. 39.6251, Florida Statutes (F.S.), pertaining to continuing care for young adults and Chapter 65C-41, Florida Administrative Code (F.A.C.), titled Extension of Foster Care.

3-2. Definitions.

a. “Adverse action” means any action by the Department, community-based care lead agency, or its contracted service provider that denies a young adult’s application for readmission to extended foster care, or that discharges a young adult from extended foster care.

b. “Designated staff” means a case manager or other child welfare professional designated by the community-based care lead agency or its contracted service provider assigned to work with youth and young adults in transition to handle all matters pursuant to Extended Foster Care.

c. “Extended Foster Care” means the program available pursuant to s. 39.6251, F.S.

d. “Extended Foster Care Agreement” means a document that contains the informed consent of the youth or their legal guardian(s) to participate in the program.

e. “Extended Foster Care Voluntary Placement Agreement” means a document that contains the young adult’s or their legal guardians informed consent to participate in the program, the application, and authorization for the Department to have placement and care responsibility.

f. “Fair hearing” means a hearing that is conducted pursuant to the procedural requirements of Rules 65-2.042 through 65-2.069, F.A.C.

g. “Shared Living Plan” means a document that contains detailed information about the living arrangement between applicable parties.

h. “Supervised Living Arrangement” means that the young adult is living independently under a supervised arrangement, approved by the community-based care lead agency, pursuant to subsection 39.6251(4), F.S.

i. “Supervised Living Arrangement Assessment” means a document that contains an evaluation of the young adult’s living environment.

3-3. Transitioning Youth to EFC.

a. Youth in the legal custody of the Department that are identified during the 90-day period immediately prior to the date on which the youth will attain 18 years of age must be provided an Extended Foster Care (EFC) Agreement. EFC program eligibility and participation expectations shall be discussed at that time.

(1) If the transitioning youth chooses to remain in foster care, the EFC Agreement shall be signed as an acknowledgement of the eligibility requirements and their plan to participate in the program.

(2) If the youth chooses not to remain in foster care for any reason, the youth must be provided the My Decision to Leave Extended Foster Care (Opt Out) (form CF-FSP 5375, available in

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DCF Forms). The form must be attached to the transition plan that is filed with the court and uploaded into FSFN.

(3) If the youth refuses to sign the EFC Agreement, designated staff shall document the refusal by writing “refused to sign” on the form itself.

(4) If the youth is unable to sign the EFC Agreement, designated staff shall document the inability by writing “unable to sign” on the form itself.

(a) Designated staff must make diligent efforts to obtain signature and/or consent for entering into the EFC.

(b) Acceptable circumstances of documenting “unable to sign” include, but may not be limited to: the youth is missing or on runaway

(c) Guardians may sign on the youth’s behalf if the youth is determined to be unable to sign.

(5) Failure to sign the EFC Agreement by the transitioning youth does not prevent continued program eligibility nor the ability for the court to retain jurisdiction.

(6) The EFC Agreement shall be uploaded in the Independent Living File Cabinet in FSFN using the appropriate EFC Agreement image type.

b. After designated staff determines that a youth will be continuing in extended foster care, approved living arrangement options must be identified. Identification of proposed living arrangements should have occurred during the development and finalization of the youth’s transition plan when discussing housing as pursuant to CFOP 170-17, Chapter 2.

3-4. Young Adults’ Readmission into Foster Care. Young adults applying for readmission to foster care must complete an Extended Foster Care Voluntary Placement Agreement (EFC VPA).

a. Designated staff shall assist the young adult with completing the agreement.

(1) If while assisting it is determined that the potentially eligible young adult is not in a qualifying activity and/or not residing in an approved living arrangement, designated staff shall assess whether the young adult is eligible for continued assistance through either Postsecondary Education Services and Support (PESS) or Aftercare Services.

(2) Aftercare Services may be used to bridge the young adult into EFC.

b. If the young adult is unable to complete the EFC VPA due to a disability, designated staff shall work with the young adult’s guardian in determining program eligibility and obtaining consent to participate.

c. Designated staff must make diligent efforts to obtain signature and consent for entering into the EFC VPA.

d. The EFC VPA shall be uploaded in the Independent Living File Cabinet in FSFN using the appropriate EFC Voluntary Placement Agreement image type.

3-5. Evaluating and Supervising Living Arrangements.

a. Designated staff shall complete the Supervised Living Arrangement Assessment (SLAA) prior to approving the living arrangement. The completed assessment is documentation of the

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justification as to whether or not the placement is appropriate. Designated staff shall consider the youth/young adult’s child welfare background in making an assessment. The following elements are identified in the SLAA and must be evaluated in the form:

(1) Supervised Living Arrangement Type.

(a) Prior to completing the assessment, designated staff shall collaborate with the youth/young adult on potentially available placement options. Collaboration must begin for youth pursuant to Chapter 2 of this operating procedure.

(b) An inspection of the placement type shall be completed to determine if the arrangement is viable. Selected placement options on the form include:

1. Licensed Foster Home;

2. Licensed Group Home;

3. Transitional Living Program;

4. Assisted Living Facility;

5. Shared Housing;

6. Shared Housing-Host Home; and,

7. Individual Housing.

(2) Readiness.

(a) If the placement is a Shared Housing type, designated staff may conduct a criminal background search of any household member(s) based upon the youth/young adult’s assessed safety and well-being needs. Consideration must be given to both the privacy of the youth/young adult and the household member(s).

(b) If there are concerns for the youth/young adult’s safety, including risk associated while residing with other household members, those issues may be addressed by developing a safety protocol in the section described below on Supervision and/or in the Shared Living Plan, if the living arrangement is approved.

(3) Supervision. Document how the youth/young adult will be supported by the living arrangement to ensure the home environment is safe and doesn’t jeopardize the youth/young adult’s well-being.

(4) Services and Supports. Describe the transitional services that will be provided to assist the youth/young adult achieve their goals and reach independent living.

(5) Assessment Decision.

b. Multiple evaluations on various living arrangement types may be completed before determining the most appropriate arrangement.

(1) Although the CBC has approval authority, the youth/young adult must ultimately agree to the living arrangement.

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(2) If the designated staff and youth/young adult cannot agree on a living arrangement, designated staff shall make attempts to resolve any conflict under the guidance of the CBC approving agency prior to denying or terminating the young adult’s program eligibility.

c. The SLAA shall be uploaded in the Independent Living File Cabinet FSFN, using the appropriate Supervised Independent Living Assessment image type.

d. Designated staff shall complete a Shared Living Plan (SLP) once a living arrangement has been approved. The intent is to outline the activities necessary to support the living arrangement and the persons or agencies involved in assisting with the plan. Designated staff are expected to have general knowledge of the skills that the youth/young adult possesses or lacks impacting a successful transition in the approved living arrangement. The following must be addressed in the SLP form:

(1) Household Chores and Daily Living Activities. List areas the youth/young adult will be required to complete and those that will require assistance. If it is determined no assistance is needed, the determination should be well supported in case notes and the life skills assessments.

(2) Physical and Behavioral Health. List areas in which the youth/young adult will require assistance with activities pertaining to overall health and wellbeing. If it is determined no assistance is needed, the determination should be well supported in case notes and the life skills assessments.

(3) Check-In/Curfew and 24-hour Crisis Intervention and Support. Develop a plan to address any household customs and the maintenance of a safe, stable home environment. This includes a determination on the length of acceptable absences from the home.

(4) Financial Resources. This section must address room and board, rent, utilities, allowance, and any other expenses associated with the supervised living arrangement. If no allowance is provided directly to the youth/young adult, additional justification is needed.

e. The SLP shall be uploaded in the Independent Living File Cabinet in FSFN, using the appropriate Shared Living Agreement image type.

f. If the young adult does not appear to be residing in the approved living arrangement, designated staff shall meet with the young adult to assess the young adult’s safety and well-being and, if needed, identify another living arrangement.

(1) If the young adult does not return to the approved living arrangement after 30 days and/or another living arrangement has not been approved, designated staff must proceed with discharging the young adult from EFC pursuant to Rule 65C-41.005, F.A.C.

(2) In the event of a young adult’s planned or unplanned arrest or detention due to an involuntary commitment, for any reason, designated staff must assess the length of time that young adult will be detained. If a young adult is or will be detained for a period longer than 30 days, the young adult is no longer considered living in the approved supervised living arrangement and designated staff shall proceed with providing the young adult notice of adverse action.

g. Designated staff shall make face-to-face contact with young adults no less frequently than every 30 days in the young adult’s approved living arrangement. This contact may be planned or unplanned. During the contacts, designated staff shall observe the home environment and, at minimum, discuss the transition plan and shared living plan.

h. Youth and young adults that reside outside of their county of jurisdiction shall adhere to the same requirements as outlined in Rule 65C-30.018, F.A.C., and s. 409.401 F.S., as applicable.

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i. Designated staff shall enlist the support of the CBC’s out-of-county services or Interstate Compact on the Placement of Children liaison to coordinate assessments, services, and supervision as needed.

3-6. Ongoing Assessment of a Qualifying Activity.

a. If the young adult does not appear to be participating in the agreed upon qualifying activity, designated staff shall meet the young adult and reassess the transition plan and assist in identifying another qualifying activity.

b. If after 10 days the young adult is still not participating in a qualifying activity, designated staff must proceed with discharging the young adult from EFC pursuant to Rule 65C-41.005, F.A.C.

c. Formal redeterminations of program eligibility shall occur annually.

d. Designated staff shall gather all documentation supporting the young adult’s program eligibility and progress towards achieving transition and case plan goals.

e. Documentation demonstrating participation in a qualifying activity includes, but is not limited to:

(1) Completing secondary education or program leading to an equivalent credential.

(a) Copy of most recent report card(s) documenting that the young adult is in good standing based on their academic progress and attendance.

(b) Copy of young adult’s attendance record. If the young adult has an IEP, a copy of the young adult’s IEP must be accompanied by one of the items above.

(2) Enrolled in an institution that provides postsecondary or vocational education.

(a) A copy of the most recent transcript documenting that the young adult is in good standing based on their academic progress and attendance.

(b) A letter from the educational institution stating the young adult is in good standing based on their academic progress and attendance.

(3) Participation in a program or activity designed to promote or remove barriers to employment.

(a) Copy of the most recent transcript documenting the young adult is in good standing based on their academic progress and attendance.

(b) A letter from the institution stating that the young adult is in good standing based on their academic progress and attendance.

(4) Employed at least 80 hours per month.

(a) Copies of most recent pay stubs that equate to at least 80 hours a month.

(b) A letter from the employer stating that the young adult is employed and is working a minimum of 80 hours per month.

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(5) Unable to participate in programs or activities full time due to a condition. A letter and/or records from a clinician supporting that the young adult has a physical, intellectual, or psychiatric condition that impairs the young adult’s ability to perform one or more life activities.

3-7. Discharge and Denial Review.

a. Within 2 business days from the time that designated staff identifies that a young adult should be denied or terminated with an appealable determination reason, the appropriate adverse action form must be submitted to the regional Family Safety Program Office for approval.

(1) The Regional Managing Director or their designee shall sign the form and submit back to the designated CBC within 7 business days of receiving the adverse action form.

(2) Once the approved adverse action form has been reviewed, CBC staff shall notify the young adult of their right to appeal.

b. Young adults discharging from EFC based on their decision to leave foster care do not require a notice of adverse action.

3-8. FSFN Documentation. Designated staff shall document all activities relevant to providing services, supervision, and support to transitioning youth and young adults in FSFN. FSFN procedures specific to this chapter include:

a. EFC Program Eligibility.

(1) Initial Determination.

(a) Designated staff shall initiate the young adult’s program eligibility determination in FSFN upon completion of the EFC Agreement.

(b) Upon the youth’s 18th birthday, designated staff shall finalize the EFC Eligibility Determination to determine the young adult as program eligible.

(c) All youth determined ineligible will require a Supervisor Override and made eligible.

(2) Re-Entry.

(a) Designated staff shall complete the EFC Program Eligibility Determination upon completion of an EFC VPA.

(b) If the young adult is program ineligible, staff will finalize the EFC Determination after obtaining concurrence from the Department.

(3) Redetermination.

(a) Designated staff shall complete an EFC Redetermination in FSFN when a young adult has a change in qualifying activity type.

(b) Designated staff shall also complete an EFC Redetermination in FSFN annually from the date of an initial or previous redetermination.

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(4) Termination.

(a) When a CBC determines a young adult should be denied or terminated from EFC, the CBC shall prepare an adverse action form and forward to the region Family Safety Program Office for approval.

(b) Upon receiving concurrence of the adverse action from the Department, CBC staff shall terminate the young adult’s EFC eligibility and notify the young adult of their right to appeal.

(c) If the young adult does not request an appeal hearing within 10 business days of appeal notification, staff will change the young adults’ placement to an unpaid service type.

(d) If the young adult does not request an appeal hearing within 30 days of appeal notification, staff will discharge the young adult from the removal episode.

(e) If the young adult requests an appeal, the request will be documented in the Appeal section on the Independent Living page.

(f) Once an appeal decision has been received, staff will update the Appeal section of the Independent Living page to reflect the decision.

(g) If an appeal reverses a termination decision, a new EFC eligibility determination shall be completed.

(h) If the termination decision is affirmed, the young adult shall be discharged from the removal episode and the EFC eligibility determination will remain terminated.

(i) CBC staff will notify Children’s Legal Services of the appeal decision.

b. Young Adult Case.

(1) All youth who age out in the legal custody of the Department will have a Young Adult Case created upon their 18th birthday.

(2) Designated staff shall choose the Case Type of Extended Foster Care (EFC).

c. EFC Out of Home Placement.

(1) Upon a youth’s 18th birthday while in the legal custody of the department, designated staff shall complete a placement change within the existing removal episode, capturing the young adult’s entry into EFC.

(2) Upon re-entry to foster care, designated staff shall create a new removal episode for the young adult.

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Chapter 4

POSTSECONDARY EDUCATION SERVICES AND SUPPORT

(Draft Pending)

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Chapter 5

AFTERCARE SERVICES

(Draft Pending)

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Chapter 6

NATIONAL YOUTH IN TRANSITION DATABASE

(Draft Pending)

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Chapter 7

EXTENDED FEDERALLY FUNDED FOSTER CARE

7-1. Purpose. This chapter outlines policies for s. 39.6251, Florida Statutes (F.S.), pertaining to continuing care for young adults and supplements Chapter 65C-41, Florida Administrative Code (F.A.C.), titled Extension of Foster Care.

7-2. Definitions.

a. “Adverse action” means any action by the Department, CBC, or its contracted service provider that denies a young adult’s application for readmission to extended foster care, or that discharges a young adult from extended foster care.

b. “Designated staff” means a case manager or other child welfare professional designated by the CBC or its contracted service provider assigned to work with youth and young adults in transition ages 18 to 23 to handle all matters pursuant to Extended Foster Care.

c. “Extended Foster Care” means the program available pursuant to s. 39.6251, F.S.

d. “Extended Foster Care Agreement” means a document that contains the youth’s or their legal guardian’s informed consent to participate in the program.

e. “Extended Foster Care Voluntary Placement Agreement” means a document that contains the young adult’s or their legal guardian’s informed consent to participate in the program, the application, and authorization for the Department to have placement and care responsibility.

f. “Fair hearing” means a hearing that is conducted pursuant to the procedural requirements of Rules 65-2.042 through 65-2.069, F.A.C.

g. “Shared Living Plan” means a document that contains detailed information about the living arrangement between applicable parties.

h. “Supervised Living Arrangement” means that the young adult is living independently under a supervised arrangement, approved by the CBC, pursuant to s. 39.6251(4), F.S.

i. “Supervised Living Arrangement Assessment” means a document that contains an evaluation of the young adult’s living environment.

7-3. Application Procedures.

a. 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 (Attachment 1 to this chapter). 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 into Florida Safe Families Network (FSFN) using the Image Category “Independent Living” and the Image Type “EFC Voluntary Placement Agreement,” and be filed with court at the last review hearing before the child’s 18th birthday.

b. A young adult may apply for readmission to extended foster care at any time prior to 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 s. 39.6251, F.S. Young

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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 (Attachment 2 to this chapter).

(1) 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.

(a) 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.

(b) 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.

(2) 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 apply for Aftercare Services.

(3) 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.

(a) The decision to approve or deny shall be based solely on whether the young adult meets the requirements of s. 39.6251, F.S.

(b) 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.

(c) Reinstatement of jurisdiction must occur within 90 days from the time the Extended Foster Care Voluntary Placement Agreement is signed by all parties.

(d) If the decision is to deny the application for extended foster care, the CBC 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 CBC, 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 (Attachment 3 to this chapter), and an “Application for Aftercare Services,” CF-FSP 5391 (available in DCF Forms). The “Due Process Rights” form, CF/PI 175-74 (available in DCF Forms), and a “Request for Fair Hearing,” CF-FSP 5380 (available in DCF Forms), shall be attached the Notice of Denial for Readmission into Extended Foster Care.

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(e) 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.

7-4. Eligibility Requirements.

a. Section 39.6251, F.S., sets forth the eligibility requirements for a young adult to remain in extended foster care.

b. 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.

c. To meet the educational requirements set forth in s. 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.

d. 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 CBC may determine the young adult meets this requirement over an aggregate time period of the previous 90 days.

e. 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.

f. A young adult may change qualifying activities and remain in extended foster care. A change of qualifying activity shall not require a new application, although it shall require the young adult and designated staff to amend either the Extended Foster Care Agreement or Extended Foster Care Voluntary Placement Agreement and transition plan. This change may also require the designated staff to amend the case plan.

g. If a young adult is unable to participate full-time in a program or activities listed in s. 39.6251(2)(a)-(d), F.S., due to a physical, intellectual, emotional, or psychiatric condition that limits participation, designated staff shall:

(1) Assist the young adult in securing supporting documentation of the condition from a clinician(s); and,

(2) Develop or amend the case plan to address the condition and the accommodations or modifications to be implemented in order to achieve the goals established by the young adult as included in the transition plan.

h. 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 s. 39.6251(2), F.S., the young adult must continue to reside in an approved supervised living arrangement, meet face to face in the home every month with designated staff, participate in ongoing transition and case planning, and shall be encouraged to participate in judicial review and permanency hearings.

(1) 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.

(2) The designated staff must consult with the young adult in drafting the case plan.

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(3) 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”).

i. Supervised Living Arrangement. Residing in a supervised environment is not intended to be a barrier to independence; however, every living arrangement must meet all the requirements as detailed in s. 39.6251(4), F.S.

(1) Approved Living Arrangements.

(a) A comprehensive assessment shall be made to determine the appropriateness of the young adult’s living arrangement, using the “Supervised Living Arrangement Assessment”, CF-FSP 5431 (Attachment 4 to this chapter). This form is to be used for placement in Extended Foster Care (EFC). Prior to completing the assessment, the designated staff must have reviewed the youth or young adult’s case file and inspected the home environment proposed as the EFC living arrangement. The completed assessment shall be uploaded into FSFN using the Image Category “Independent Living” and the Image Type “Supervised Independent Living Assessment,” and becomes an addendum to the young adult’s transition plan and also supports the young adult’s case plan.

(b) Designated staff shall decide whether a living arrangement will be approved on a case-by-case basis, taking into consideration the needs and desires of the young adult and the level of supervision and support the young adult requires.

(c) The community-based care lead agency shall withhold approval for a living arrangement if the living arrangement jeopardizes the young adult’s safety and well-being.

(d) Living environments in which young adults are involuntary placed do not meet the conditions of an appropriate supervised independent living setting unless consent for placement is through a court appointed guardian.

(e) A young adult who may require continued, intensive therapeutic or medical care will be assessed in consultation with the young adult and the young adult’s team of service providers, guardian ad litem, and attorney, if applicable.

(f) A young adult may share housing with other persons provided that any household members are approved based on an assessment of the young adult’s needs and safety concerns. A young adult may not share housing with legal or biological parents.

(g) The CBC is not responsible for any portion of the expenses of any other household member who is not receiving extended foster care services.

(2) Shared Living Plans.

(a) Once a living arrangement has been approved, designated staff shall develop a plan in collaboration with the young adult and other applicable parties using the “Shared Living Plan” form, CF-FSP 5430 (Attachment 5 to this chapter). The plan outlines the expectations and addresses the fundamental and routine needs to enable a successful living arrangement. The completed plan becomes an addendum to the young adult’s transition plan and shall be uploaded into FSFN using the Image Category “Independent Living” and the Image Type “Shared Living Agreement.”

(b) The young adult must notify the designated staff and other agreed upon parties (if applicable) of any changes in circumstances in the living arrangement, including a change of occupants or a planned absence from the home.

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(c) In the event the extended foster care living arrangement is obtained before the young adult reaches age 18, designated staff shall make scheduled visits with the youth to the approved living arrangement as a part of the transition.

7-5. Case Planning and Management Reviews. Each young adult in extended foster care must have both a transition plan and a case plan developed. Designated staff shall work with the young adult on the development and updates to each plan.

a. Transition Plan.

(1) The provisions of the transition plan form the basis of the young adult’s case plan and delineate the young adult’s short-term and long-term goals, the young adult’s obligations, and the obligations of the foster parent, caregiver or group home, the designated staff, and any other service provider.

(2) The transition plan shall be coordinated with the case plan; however, a change in the transition plan does not require an amendment to the case plan or a return to court unless the change in the transition plan conflicts with a provision of the case plan.

(3) All young adults with diagnosed disabilities or mental health needs shall be provided with an equal opportunity to participate in transition planning. A young adult with a diagnosed disability or mental health need may need additional support; therefore, the designated staff shall work in consultation with the young adult and the young adult’s service providers, guardian ad litem, and attorney, if applicable.

b. Case Plan. The young adult must have a case plan while in extended foster care. The case plan must include:

(1) A description of the qualifying activity or activities in which the young adult will engage to maintain eligibility for remaining in extended foster care. If the young adult has chosen an alternate or secondary qualifying activity, it shall be included in the case plan.

(2) A description of the programs and services identified, in consultation with the young adult, to assist the young adult to successfully participate in the chosen qualifying activities, a designation of who is responsible for providing these programs and services, and who is responsible for paying the costs of such programs and services.

(3) A description of the young adult’s long-term goals for living independently and the services to be provided to assist the young adult in meeting those goals.

(4) A designation of the permanency goal of transition from care to independent living.

(5) The young adult’s case plan shall be initiated within 30 days of the young adult’s 18th birthday or approval of entry into extended foster care and shall include the young adult’s long-term goals.

(6) The case plan shall be reviewed with the young adult prior to each judicial review hearing and shall be updated as necessary.

c. Provision of Services. The CBC must ensure that the young adult is provided necessary services. Necessary services include:

(1) Those services that are identified in the young adult’s case plan.

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(2) Supervision of the young adult at a level that is consistent with the young adult’s individual educational, developmental, and health care needs; the permanency plan, and independent living goals as assessed with input from the young adult.

(3) Life skills instruction, counseling, educational support, employment preparation and placement, and development of support networks that are consistent with the young adult’s assessed needs, interests, and goals identified by the young adult in the transition plan and case plan.

(4) Face-to-face contact with the young adult shall occur every 30 days in the home.

(a) During the visit designated staff must assess for safety and discuss the young adult’s transition and continue to assess life skill development.

(b) If applicable, designated staff shall update the Supervised Living Arrangement Assessment and Shared Living Plan.

(5) Any additional services that are necessary to assist the young adult in eliminating barriers to participation in extended foster care.

d. Procedures for a Young Adult Wishing to Remain in Extended Foster Care until his or her 22nd Birthday.

(1) A young adult must be actively participating in extended foster care on his or her 21st birthday, and have a documented disability, in order to remain in care until his or her 22nd birthday.

(2) Within 180 days of the young adult’s 20th birthday, the designated staff for a young adult who has a documented disability shall discuss with the young adult and any designated decision-making authority for the young adult whether the young adult wishes to remain in extended foster care after his or her 21st birthday. This discussion shall occur during the transition planning for possible discharge based on reaching the maximum age for participation.

(3) If the young adult who has a documented disability requests discharge from or otherwise opts out of continuing in extended foster care beyond the 21st birthday, the designated staff shall provide the form “My Decision to Leave Extended Foster Care,” CF-FSP 5375 (available in DCF Forms), and specify that the young adult has requested discharge from the program on his or her 21st birthday.

e. Portability.

(1) The services provided under this chapter are portable across county lines, between CBCs, and across state lines if the other state is willing to provide assistance.

(2) The service needs that are identified from the transition plan, the Supervised Living Arrangement Assessment, Shared Living Agreement, and Extended Foster Care Agreement or Extended Foster Care Voluntary Placement Agreement shall be provided by the CBC where the young adult is currently residing, but shall be funded by the CBC that initiated the transition plan.

(3) If the young adult who has a documented disability requests discharge from or otherwise opts out of continuing in extended foster care beyond his or her 21st birthday, the case manager shall provide the form “My Decision to Leave Extended Foster Care,” CF-FSP 5375 (available in DCF Forms), and specify that the young adult has requested discharge from the program on his or her 21st birthday.

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7-6. Discharge from Program.

a. A young adult shall be discharged from the extended foster care program when the young adult is no longer eligible to participate in the program.

(1) In the event the designated staff determines that the young adult is ineligible, the designated staff shall make a recommendation of program termination to the Department’s designated regional operations representative for review and agreement.

(2) If the Department disagrees with program termination and is unable to obtain consensus with the CBC, documentation should then be forwarded to the Department’s regional representative in the Office of the General Counsel.

(3) 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.

(4) Upon reaching agreement with the adverse action, designated staff shall offer to assist the young adult in resuming eligibility requirements and provide to the young adult a “Notice of Discharge from Extended Foster Care,” CF-FSP 5376 (Attachment 6 to this chapter). The “Due Process Rights” form, CF/PI 175-74 (available in DCF Forms), and a “Request for Fair Hearing,” CF-FSP 5380 (available in DCF Forms), shall be attached to the Notice of Discharge from Extended Foster Care.

b. If the young adult intends to leave extended foster care, the designated staff shall discuss with the young adult options for remaining in extended foster care or applying for Aftercare or Postsecondary Education Services and Support (PESS). If, after discussion with the designated staff, the young adult still intends to leave extended foster care, the designated staff shall provide the young adult with the form “My Decision to Leave Extended Foster Care,” CF-FSP 5375 (available in DCF Forms). Upon receipt of the completed and signed form, the designated staff shall upload the form into FSFN using the Image Category “Independent Living” and the Image Type “Other Documents,” and provide the young adult a copy of the completed form.

c. Except as otherwise provided for in this chapter, a young adult shall be discharged from the extended foster care program for failure to participate in one or more qualifying activities set forth in s. 39.6251(2), F.S., unless that failure is based on a documented disability.

d. A young adult shall be discharged from the extended foster care program for failure to reside in the approved living arrangement. The length of the young adult’s absence from the approved living arrangement that supports the determination that the young adult is not residing in the approved living arrangement shall be determined during transition planning and documented in the “Shared Living Plan”, CF-FSP 5430 (Attachment 5 to this chapter).

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7-7. Conflict Resolution and Appeals. The Department, CBC, and its contracted service provider staff shall treat all young adults fairly and afford them due process. A young adult applying for or receiving extended foster care services has the right to receive written notice of adverse actions by the Department or its contracted service provider and to resolve issues about eligibility by meeting with representatives of the Department or its contracted service provider or through the fair hearing process. The fair hearing process is available to any young adult who is determined to no longer be eligible for extended foster care or who has been denied readmission into extended foster care.

a. Notice of Adverse Action.

(1) The CBC shall give timely and written notice to the young adult regarding any decision to deny readmission or terminate participation in extended foster care.

(2) The notice shall be provided on the form “Notice of Discharge from Extended Foster Care,” CF-FSP 5376 (Attachment 6 to this chapter).

(3) The notice shall be considered timely:

(a) When the notice concerns an application for readmission into care, if it is delivered to the young adult within 10 business days of the lead agency receiving the application.

(b) When the notice concerns any decision to discharge a young adult from participation in extended foster care, if it is delivered to the young adult at least 30 calendar days before the action described in the notice becomes effective.

(4) If the young adult becomes eligible for participation in extended foster care prior to the action described in the notice becoming effective, the notice shall be withdrawn.

(5) A “Request for Fair Hearing,” CF-FSP 5380 (available in DCF Forms), and “Due Process Rights,” CF/PI 175-74 (available in DCF Forms), shall be attached to the notice. A CBC may add its logo to form CF-FSP 5380. The CF/PI 175-74 refers to 45 C.F.R. §205.10 because the regulation requires states to provide for a system of fair hearings; 45 C.F.R. §205.10, July 1992, is incorporated by reference and available at http://www.gpo.gov/fdsys/granule/CFR-1997-title45-vol2/CFR-1997-title45-vol2-sec205-10/content-detail.html and https://www.flrules.org/Gateway/reference.asp?No=Ref-05781.

(6) The notice shall be sent by certified mail or provided to the young adult by hand delivery. The notice shall also be sent via email if the young adult has provided an email address. If the young adult has provided a telephone number, designated staff shall call the young adult and advise him or her that the notice has been sent and also is available for pickup at the CBC office. Documentation of hand delivery and email shall be made in the young adult’s file contemporaneously with the hand and e-mail delivery. The certified mail receipt shall also be placed in the young adult’s file.

b. Request for Fair Hearing.

(1) A young adult shall have 30 calendar days from the date of receipt of the notice of adverse action to request a fair hearing. If the young adult requests the fair hearing within 10 business days of the date of receipt of the notice of adverse action terminating participation in extended foster care, then the young adult shall remain in extended foster care pending the resolution of the fair hearing. The notice shall be provided on the form “Notice of Discharge from Extended Foster Care,” CF-FSP 5376 (Attachment 6 to this chapter) or “Notice of Denial for Readmission into Extended Foster Care,” CF-FSP 5410 (Attachment 3 to this chapter).

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(2) The request for a fair hearing may be made orally or in writing.

(a) The form “Oral Request for Fair Hearing,” CF-FSP 5381 (available in DCF Forms), shall be used by the designated staff to document oral requests for a fair hearing.

(b) Written requests may be prepared by the young adult on the form “Request for Fair Hearing,” CF-FSP 5380 (available in DCF Forms), or in any other manner the young adult chooses.

(3) The request for a fair hearing is made on the date the young adult sends a written request for fair hearing by U.S. Mail, email, or hand-delivers the written request to the staff member of the agency (or his or her designee) who sent the notice of adverse action. An oral request for a fair hearing is made on the date the young adult speaks with his or her designated staff, the CBC providing him or her with independent living services, or the Department of Children and Families, Office of Appeal Hearings in Tallahassee. If the deadline to request a fair hearing is a Saturday, Sunday or state or federal holiday, the request shall be deemed timely if it is made on or before the next business day after the weekend or holiday.

c. Transmittal of Hearing Request to the Department or Its Contracted Service Provider.

(1) Within one (1) business day of receiving the young adult’s request for a fair hearing, staff shall send the request for a fair hearing and notice of adverse action by facsimile or email transmission to the legal representative for the Department and the Office of Appeal Hearings of the Department of Children and Families

(2) If a request for a hearing is not sent by the young adult within 30 days, the request shall be forwarded to the Florida Department of Children and Families’ Office of Appeal Hearings with a notation that the request was late.

(3) Staff shall forward a copy of all documentation supporting the decision regarding participation in extended foster care to the region legal counsel and the legal representative for the Department within three (3) business days of receipt of the young adult’s request for a fair hearing.

d. Additional Local Preparation for Fair Hearings.

(1) The staff person receiving the request shall, within five (5) business days, prepare copies of the young adult’s complete extended foster care file and copies of the young adult’s case file records from his or her dependency case file during the young adult’s 17th year of age to provide to both the young adult and the legal representative for the Department or its contracted service provider. Staff shall provide the complete file to both the young adult and the legal representative for the Department or its contracted service provider, whether or not a request has been made.

(2) The designated staff responsible for the young adult’s extended foster care case (the designated staff in the county where the young adult’s participation originated) shall coordinate and participate in the fair hearing, even if the hearing takes place in a different county or region. The fair hearing shall take place in the county in which the young adult lives.

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CF-FSP 5432, Sept 2018 Attachment 1 to Chapter 7

EXTENDED FOSTER CARE AGREEMENT

Name: Date of Birth:

The day that I will enter Extended Foster Care (EFC): My option to remain in EFC according to section 39.6251, Florida Statutes, and chapter 65C-41, Florida Administrative Code, has been explained to me and I believe this decision is in my best interest. I agree that I will:

Live in an approved supervised living arrangement;

Meet face to face in my home with designated staff every month;

Participate in ongoing transition and case planning; AND

Participate in a qualifying activity.

The qualifying activity that I have chosen while remaining in EFC is (must select at least one):

Completing secondary education or a program leading to an equivalent credential;

Enrolled in an institution that provides postsecondary or vocational education;

Participating in a program or activity designed to promote or eliminate barriers to

employment;

Employed at least 80 hours per month;

Unable to participate in any of the programs or activities listed above due to my physical, intellectual,

emotional, or psychiatric condition that impairs my ability to perform one or more life activities, limiting my participation. *

*I understand that if my condition limits or causes me to be incapable of participating, the incapability or barrier to participation must be supported with documentation from a clinical health care professional and will be addressed in my young adult case plan. Signed: ______________________________________________ ______________ Youth Date (mm/dd/yyyy)

______________________________________________ ______________ Designated Staff Date (mm/dd/yyyy)

Designated staff shall provide a copy to the youth and attach a copy to the Transition Plan that is filed with court at the last review hearing before the youth’s 18 birthday.

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CF-FSP 5377, Sept 2018 Attachment 2 to Chapter 7

EXTENDED FOSTER CARE VOLUNTARY PLACEMENT AGREEMENT

Full Name: Date of Birth:

Address:

Telephone Number: Email Address:

County where dependency court was held when you were in the legal custody of the Department of Children and Families (DCF) and turned 18: j

I, , voluntarily request that DCF assume responsibility for my care and supervision. I believe this decision is in my best interest. The placement setting must be approved by the Community Based Care Lead Agency (CBC) according to Rule 65C-41, Florida Administrative Code, referencing Extension of Foster Care.

I understand and agree to the conditions of the program according to section 39.6251, Florida Statutes (F.S.), as follows:

Live in an approved supervised living arrangement;

Meet face to face in my home with designated staff every month;

Participate in ongoing transition and case planning; AND

Participate in a qualifying activity.

My qualifying activity for participation in EFC is (must select at least one):

Completing secondary education or a program leading to an equivalent credential

Enrolled in an institution that provides postsecondary or vocational education

Participating in a program or activity designed to promote or eliminate barriers to employment

Employed for at least 80 hours per month

Unable to participate in any of the programs or activities listed above due to my physical, intellectual,

emotional, or psychiatric condition that impairs my ability to perform one or more life activities, limiting my participation*

*I understand that if my condition limits or causes me to be incapable of participating, the incapability or barrier to participation must be supported with documentation from a clinical health care professional and will be addressed in my young adult case plan.

If you do not provide documentation for your qualifying activity, your application will be denied; however, you can reapply as soon documentation is provided.

I understand that this Voluntary Placement Agreement (Agreement) provides only for my temporary placement in EFC for a period of time not to exceed 180 days unless there is a judicial determination of my best interest to remain in EFC. I understand that the DCF will petition the court to reinstate jurisdiction within 90 days from this Agreement.

As a condition of this Agreement, I also agree to meet with

(Designated Staff) , on (Date/Time) ,

at (Location) to participate in the development of or

update my Transition and Case Plan according to section 39.6251(6)(b), F.S.

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EXTENDED FOSTER CARE VOLUNTARY PLACEMENT AGREEMENT

This AGREEMENT is entered into on this day of , 20 by and between Young Adult (print)

Young Adult Signature Date (mm/dd/yyyy)

AND Designated Staff and CBC Approval Administrator must not sign until the young adult is determined eligible for EFC. Designated Staff (print)

Designated Staff Signature Date (mm/dd/yyyy)

AND

The Agreement is executed when Designated Staff and CBC Approval Administrator has signed. CBC Approval Administrator or Designee (print)

CBC Approval Administrator or Designee Signature Date (mm/dd/yyyy)

Two copies of this EFC Voluntary Placement Agreement must be signed. The young adult retains one copy and the CBC retains one copy.

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EXTENDED FOSTER CARE VOLUNTARY PLACEMENT AGREEMENT

Notice of What Happens Next A decision must be made within 10 business days of the date you submit this Agreement to the designated staff. If the decision is to readmit you into Extended Foster Care, designated staff will sign this Agreement and meet with you to begin writing your Transition Plan and Case Plan. If your application for readmission into EFC is denied, you can appeal the denial. You will be given a notice of denial and information on how to appeal. You will also be given an Aftercare Services application. Also, if denied, you can submit a new EFC Voluntary Placement Agreement at any time before your 21st birthday. I, (Designated Staff), acknowledge that I received this Agreement .

on . I will give a written decision

by , 10 business days from today.

The young adult shall receive a copy of Notice of What Happens Next.

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EXTENDED FOSTER CARE VOLUNTARY PLACEMENT AGREEMENT

This application is Approved. [If approved, Designated Staff and CBC Approval Administrator must sign

this agreement and notify the young adult.]

This application is Denied. [If denied, follow policies outlined in Rule 65C-41.006(2), F.A.C., regarding

Due Process and provide an Application for Aftercare Services, form CF-FSP 5391, to the young adult.]

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CF-FSP 5410, Sept 2018 Attachment 3 to Chapter 7

NOTICE OF DENIAL FOR READMISSION INTO EXTENDED FOSTER CARE

Name (please print): Date of Birth:

Date of Notice

This is a notice of your denial for readmission into the Extended Foster Care (EFC) Program. Designated staff have determined that you are ineligible for EFC. Please review this notice carefully as it outlines the reason(s) for this decision and your rights to appeal by requesting a fair hearing if you disagree with this decision. This notice also includes a brief description of other services that may be available to you.

REASONS FOR DENIAL You have achieved permanency.

You are 21 years old.

You do not meet the eligibility requirements for EFC because you are not participating in any one of the

following activities and you have not documented a condition that limits your participation in any of these listed activities:

Completing secondary education

Completing a GED program

Enrolled in an institution that provides postsecondary or vocational education

Employed at a minimum of 80 hours per month

Participating in another activity designed to promote or remove barriers to employment.

You are not in an approved living arrangement.

HOW TO APPEAL THIS DECISION TO DENY YOU READMISSION INTO THE EXTENDED FOSTER CARE PROGRAM

If you wish to appeal the decision, you have the right to do so. As described below, you can request a fair hearing through the Department of Children and Families.

Request a Fair Hearing. You have 30 days to request a fair hearing. If the last day to request a fair hearing falls on a weekend or holiday, the request will be considered timely if it is sent the first business day after the deadline.

A fair hearing is a formal proceeding in which you can challenge the decision to deny you readmission into foster care. You can present your case yourself or have an attorney or other representative present your case. The Department of Children and Families will have an attorney.

While you may request a fair hearing in person to your case manager or in writing on any form you choose, the best way to ask for a fair hearing is by using the form “Request for Fair Hearing,” CF-FSP 5380. That form is attached.

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SERVICES YOU MAY BE ELIGIBLE FOR

Aftercare Services. You may apply for Aftercare Services before you reach age 23. Aftercare Services are temporary supports and services available to help you during your transition to independence. Aftercare Services can help you get set up for living independently.

Postsecondary Education Services and Support (“PESS”). You can apply for PESS at any time before you turn 23 years old. You must meet the eligibility requirements, which include having a high school diploma, GED, or its equivalent, and maintaining enrollment in a Bright Futures-eligible college or other post-secondary institution for at least 9 credit hours. If you have a disability or temporary condition that prevents you from meeting these requirements, you may still be eligible for PESS.

Extended Foster Care. You can re-apply for EFC at any time, if you are under age 21. You must meet the eligibility requirements by participating in school, work or other programs as set forth in section 39.6251(2), Florida Statutes. There is NO limit on the number of times you can leave or be discharged from the program, and re-enter the program if you meet the eligibility requirements. If you have a disability or temporary condition that prevents you from meeting these requirements, you may still be eligible for Extended Foster Care. Designated staff will have information to help you make a decision about these services.

Designated Staff:

Name (print) Signature Date

Phone Number (including area code) Email Address

CBC Approval Administrator or Designee:

Name (print) Signature Date

Phone Number (including area code) Email Address

Department Designated Staff:

Name (print) Signature Date

Phone Number (including area code) Email Address

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To be completed by the young adult if notice is hand-delivered:

I have received notice of my denial of readmission into Extended Foster Care.

I have received information on my rights to appeal this decision by requesting a fair hearing.

I have received information on services for which I may be eligible.

I understand that it is now my responsibility to contact my case manager to ask for help with initiating an appeal by requesting a fair hearing, and to ask for information and help in applying for other services for which I may be eligible.

Young Adult’s Signature: _______________________________________________ Date: _______________

Attachments: CF/PI 175-74, Due Process Rights CF-FSP 5380, Request for Fair Hearing [A copy of this signed notice and the attachments cited above shall be provided to the young adult by designated staff and a copy of this signed notice placed in the young adult’s case file.]

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CF-FSP 5431, Sept 2018 Attachment 4 to Chapter 7

SUPERVISED LIVING ARRANGEMENT ASSESSMENT FOR EXTENDED FOSTER CARE

This form will be used for placement in Extended Foster Care (EFC). Prior to completing the assessment, designated staff must have reviewed the youth or young adult’s case file and inspected the home environment proposed as the EFC living arrangement.

Name Youth/Young Adult:

Date of Birth: Date of Assessment: Section A: Supervised Living Arrangement Type – Select the type of living arrangement/placement option being assessed. Only one may be selected per Supervised Living Arrangement Assessment as the evaluation is based on a specific home environment at the point in time the living arrangement is being considered.

EFC Living Arrangement/Placement Address:

EFC Living Arrangement/Placement Type (check one):

Licensed Foster Home Licensed Group Home Transitional Living Program

Assisted Living Facility Shared Housing Shared Housing-Host Home

Individual Housing

Section B: Readiness – The purpose of this section is to evaluate the transitioning youth or young adult’s ability to safely reside in the living environment being assessed.

1. Explain the conditions of the home environment. Address areas for safety, such as household members, environmental hazards (i.e. broken windows/doors/plumbing, building code violations), and accessibility to fire extinguishers/alarms.

2. Describe the young person’s ability to reside independently. Consider all aspects of functioning and capacity necessary to reside in the selected living arrangement without jeopardizing wellbeing. Also, document if the youth or young adult has demonstrated activities of daily living, including, but not limited to, shopping, budgeting, managing medications, housework, and meal preparation.

3. Provide a relevant list of non-clinical and clinical assessments completed on the youth or young adult that support the functioning and capacity described.

Section C: Supervision – The purpose of this section is to assess the level of supervision required based on the individual needs and safety concern of the transitioning youth or young adult. *At minimum, face to face contact must be monthly in the home pursuant to Rule 65C-30.007(1)(a-c), F.A.C.

1. Explain the proposed level of supervision required for ensuring safety and well-being. Consider any deficiencies noted in Section B, as well as the goals established in the transition plan and case plan.

2. Provide the plan for meeting the level of supervision consistent with the young adults needs. Consider who will be making contact and completing home visits, what services will be provided, and how often. *Although 24-hour onsite supervision is not required, 24-hour crisis intervention and support must be available.

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Section D: Services and Supports – The purpose of this section is to assess the home environment for the required level of services and supports.

1. Explain how the youth or young adult will be offered, at a minimum, life skills instruction, counseling, educational support, employment preparation and placement, and development of a supportive network of adults. Consider the assessed needs, interests, and goals established in the transition plan and case plan.

Section E: Assessment Decision – The purpose of this section is to conclude the assessment making a determination as to the appropriateness of the selected living arrangement type.

Supervised Living Arrangement Assessment: Approved Not Approved

1. Provide a justification to the decision, briefly summarizing the concerns or deficits noted in Sections B-D, if any.

2. Explain what circumstances must change in order for the selected living arrangement to be approved, if applicable. Consider listing readiness areas (see Section B) that the youth or young adult can make a plan of action to improve upon and a timeframe for a reevaluation.

______________________________________________ ______________ Designated Staff Date (mm/dd/yyyy)

This form is an addendum to the Transition Plan and supports the Case Plan.

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CF-FSP 5430, Sept 2018 Attachment 5 to Chapter 7

SHARED LIVING PLAN FOR EXTENDED FOSTER CARE

This form will be completed by the designated staff providing case management and supervision upon approval of the Supervised Living Arrangement Assessment, form CF-FSP 5431.

This is a plan that must take into consideration the needs and expectations of the

Youth/Young Adult , Designated Staff ,

and Caregiver/Landlord/Roommate (if applicable) for continued support of the placement in a (licensed foster home, licensed group home, transitional living program, assisted living facility, shared housing, shared housing-host home, or individual housing) arrangement.

This plan will ensure that the youth/young adult is provided an appropriate level of supervision, services and supports in their home environment for effective transition from Extended Foster Care (EFC) to independent living, pursuant to section 39.6251, Florida Statutes.

Section A: Household Chores and Daily Living Activities Develop a list of the routine activities necessary to run a household and live independently. Provide or list the areas in which the youth/young adult will require assistance and training.

Needed skills/resources: (e.g. food preparation, cleaning, grocery shopping, and home maintenance)

Person providing assistance/training provider: (may include referrals to outside resources)

Section B: Physical and Behavioral Health Address the development of activities in order to ensure appropriate health and wellbeing. Provide areas in which the youth/young adult needs to gain the skills and the plan for providing assistance or training.

Needed skills/resources: (e.g. scheduling appointments, taking prescription medications, and self-care)

Person providing assistance/training provider: (may include referrals to outside resources)

Section C: Check-In/Curfew and 24-hour Crisis Intervention and Support Address household customs and plan to ensure the youth/young adult develops and maintains a sense of safety and security 24 hours a day/7 days a week. Use the question in each box as an example or guide for discussion.

Check-in:

How often and with whom does there need to be contact (include length of acceptable absence before EFC discharge)?

Expectations for trips and overnight visits?

How will notifications be made (e.g., email or text)?

Other?

Plan:

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Schedules and

Customs:

Is cigarette smoking allowed?

Expectations for guests or overnight visitors?

Are there rooms, appliances, or furniture off limits?

Are there special traditions for holidays?

Other?

Plan:

Important and Emergency Contacts: Name Phone Email Relationship

Section D: Financial Resources The purpose of this section is to outline costs associated with the living arrangement. Consider any existing financial needs assessment and/or budget tool when completing. Costs (e.g., room and board rate, rent, utilities, and allowance) How are costs paid/By whom/To whom?

Section E: Signatures Name Role Date

The young adult shall receive a copy of this plan after completion for reference. If agreed by the young adult, a copy of this plan shall also be shared with caregiver/landlord/roommate as applicable. This form is an addendum to the transition plan.

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CF-FSP 5376, Sept 2018 Attachment 6 to Chapter 7

NOTICE OF DISCHARGE FROM EXTENDED FOSTER CARE

Name (please print): Date of Birth:

Date of Notice Effective Date of Discharge

This is a notice of your discharge (termination) from the Extended Foster Care (EFC) Program. Designated staff, the Community Based Care Lead Agency (CBC), and the Department of Children and Families (Department) have determined that you are no longer eligible for EFC, and therefore, you will no longer receive the benefits available through EFC. Depending on the type of your approved living arrangement, you may have to move out on the effective date of discharge (above), unless you appeal this decision within 10 business days of receiving this notice. Please review this notice carefully as it outlines the reason(s) for this decision and your rights to appeal by requesting a fair hearing if you disagree with this decision. This notice also includes a brief description of other services that may be available to you.

REASONS FOR DISCHARGE You have reached permanency.

You are now 21-years-old; OR you are a young adult with a disability and have reached the age of 22.

You have not maintained participation in any one of the following activities, and you have not documented a condition that limits your participation in any of these listed activities:

Completing high school

Completing a GED program or its equivalent

Enrolled in an institution that provides postsecondary or vocational education

Employed at a minimum of 80 hours per month

Participating in another activity designed to promote or remove barriers to employment.

You are not residing in your approved living arrangement.

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HOW TO APPEAL THIS DECISION TO DISCHARGE YOU FROM THE EXTENDED FOSTER CARE PROGRAM

If you wish to appeal the decision, you have the right to do so. As described below, you can request a fair hearing through the Department.

Request a Fair Hearing. If you want to continue to remain in Extended Foster Care pending completion of the fair hearing process, you must request a fair hearing within 10 business days of receiving this notice; otherwise, you have 30 calendar days to request a fair hearing. If the last day to request a fair hearing falls on a weekend or holiday, the request will be considered timely if it is sent the first business day after the deadline. A fair hearing is a formal proceeding in which you can challenge the decision to discharge you from foster care. You can present your case yourself or have an attorney or other representative present your case. The Department of Children and Families will have an attorney. While you may request a fair hearing in person to the designated staff person working with you or in writing on any form you choose, the best way to ask for a fair hearing is by using the form “Request for Fair Hearing,” CF-FSP 5380. That form is attached.

SERVICES YOU MAY BE ELIGIBLE FOR

Aftercare Services. You may apply for Aftercare Services before you reach age 23. Aftercare Services are temporary supports and services available to help you during your transition to independence. Aftercare Services can help you get set up for living independently. Postsecondary Education Services and Support (“PESS”). You can apply for PESS at any time before you turn 23 years old. You must meet the eligibility requirements, which include having a high school diploma, GED, or its equivalent and maintaining enrollment in a Bright Futures-eligible college or other post-secondary institution for at least 9 credit hours. If you have a disability or temporary condition that prevents you from meeting these requirements, you may still be eligible for PESS. Extended Foster Care. You can re-apply for EFC at any time, if you are under age 21. You must meet the eligibility requirements by participating in school, work or other programs as set forth in section 39.6251(2), Florida Statutes. There is NO limit on the number of times you can leave or be discharged from the program, and re-enter the program if you meet the eligibility requirements. If you have a disability or temporary condition that prevents you from meeting these requirements, you may still be eligible for Extended Foster Care. The designated staff person working with you will have information to help you make a decision about these services.

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December 15, 2018 CFOP 170-17

A6-7-3

Designated Staff:

Name (print) Signature Date

Phone Number (including area code) Email Address

CBC Approval Administrator or Designee:

Name (print) Signature Date

Phone Number (including area code) Email Address

Department Designated Staff:

Name (print) Signature Date

Phone Number (including area code) Email Address To be completed by the young adult if notice is hand-delivered:

I have received notice of my discharge from Extended Foster Care.

I have received information on my rights to appeal this decision by requesting a fair hearing.

I have received information on services for which I may be eligible.

I understand that it is now my responsibility to contact designated staff to ask for help with initiating an

appeal by requesting a fair hearing, and to ask for information and help in applying for other services for which I may be eligible. ________________________________ ________________________ Young Adult’s Signature Date Attachments: CF/PI 175-74, Due Process Rights, and CF-FSP 5380, Request for Fair Hearing [A copy of this signed notice and the attachments cited above shall be provided to the young adult by designated staff and a copy of this signed notice placed in the young adult’s case file.]