65A-4.203: Personal Care of a Disabled Family Member
PURPOSE AND EFFECT: The proposed rule amendment is required to comply with federal regulations issued by the Department of Health and Human Services, Administration for Children and Families, to implement the Temporary Assistance for Needy Families provisions of the Deficit Reduction Act of 2005. The rule amendment will clarify when a parent or caretaker relative who is totally responsible for the care of a disabled family member is excluded from participation in work activities in accordance with 45 CFR 261.2(n)(2)(i), and is exempt from the time limit under the Temporary Cash Assistance (TCA) program.
SUMMARY: The proposed rule amendment will provide clarification that full-time school attendance by a disabled family member will be considered an “alternative care arrangement” and as such, a parent or caretaker relative will not receive a time limit exemption under the TCA program. It also provides for a form revision to reflect the policy change.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 414.45 FS.
LAW IMPLEMENTED: 414.105(9) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 13, 2007, 1:30 p.m.
PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, Florida 32399-0700. Telephone (850)488-8004
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Eileen Schilling, Program Administrator, Food Stamps/TCA Policy, 1317 Winewood Boulevard, Building 3, Room 414, Tallahassee, Florida 32399-0700, Telephone (850)414-5643
THE FULL TEXT OF THE PROPOSED RULE IS:
65A-4.203 Personal Care of a Disabled Family Member.
(1) Family Member. Family member is defined as any individual related to any member of the assistance group by blood or marriage. The disabled family member must reside in the home with the caregiver. The family member with the disability may be a child or any adult member of the family, whether or not this person is a Temporary Cash Assistance (TCA) WAGES participant.
(2) Disability. In order for an exemption to program time limits due to an individual’s responsibility for care of a disabled family member to be granted, the disability must be verified. Verification is satisfied when through the family member receives temporary or permanent disability benefits issued by a government or private source, or a statement by physician or licensed or certified psychologist that the family member is disabled. Verification of the family member’s disability may be provided on the Statement of the Need for Care, CF-ES 2094, Apr 07 Oct 98, (incorporated by reference).
(3) Need for Personal Care. The disabled family member must require the physical presence of the individual to provide care, supervision, or arrange services, typically during the family member’s waking hours. Personal care of the family member includes the provision of daily care services maintenance, supervision of care, and transportation. Verification of the family member’s need for personal care may be provided on the Statement of the Need for Care, CF-ES 2094, Oct 98 (incorporated by reference). Any of the following will be accepted as verification of the need for personal care services:
(a) through (g) No change.
(h) Verification by a A children's mental health or substance abuse provider Target Population Enrollment Form, May 98 (incorporated by reference) certifying a child meets the criteria for serious emotional disturbance or psychoactive substance use disorder, and a statement by a licensed psychiatrist indicating the need for full time care or supervision of the child that includes a DSM-IV diagnosis, recommended treatment for the child and caretaker, and prognosis indicating the estimated length of time such care may be needed.
(4) Lack of Alternative Care. Depending upon the nature of the disability, documentation of attempts to provide alternative care must be provided. Alternative care may not be available because the service to meet a specific need does not exist in the community or the cost of the service is prohibitive. Full-time school attendance by a disabled family member will be considered an alternative care arrangement, and as such, a parent or caretaker relative will not receive a time limit exemption. Full-time school attendance is defined by the educational institution. A parent or caretaker relative may receive a time limit exemption during a summer school break if no other alternative care arrangement is available.
(5) No change.
(6) Welfare Transition WAGES Employment and Training. Care of a family member with a disability is considered good cause for not meeting program work requirements. Individuals meeting the criteria for an exemption from the time limits are not required to work register. A parent or caretaker relative of a disabled family member who attends school full-time will be considered to be work-eligible in accordance with 45 CFR 261.1(n)(2)(i), will not meet the criteria for an exemption from the time limit, and must work register.
(7) No change.
(8) Periodic Evaluation of Exemption. The exemption from time limits will be reevaluated annually at each regular eligibility redetermination for temporary cash assistance.
(9) A copy Copies of the CF-ES 2094, Statement of the Need for Care and the Target Population Enrollment form may be obtained from the Department of Children and Family Services, ACCESS Florida Economic Self-Sufficiency Program Office,
Specific Authority 414.45, 414.065(4)(g) FS. Law Implemented 414.105 FS. History–New 4-27-99, Amended_________.