Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65C - Family Safety and Preservation Program
Chapter 65C-17 - MASTER TRUST
Section 65C-17.002 - Definitions

Universal Citation: FL Admin Code R 65C-17.002

Current through Reg. 50, No. 187; September 24, 2024

For purposes of this rule chapter and the Master Trust Declaration, the following shall apply:

(1) "Account" means the client beneficiary's trust account within the Master Trust.

(2) "Child support" means either a court-ordered obligation, enforced under Chapter 61, and Sections 409.2551-.2557, F.S., or a court-ordered or voluntary contribution paid directly to the child's current needs trust account pursuant to Section 402.17(2)(a), F.S., for monetary support for the care, maintenance, training, and education of a child. For purposes of this rule chapter, child support does not include benefit payments such as Supplemental Security Income, Social Security, Veterans' Administration, or other benefits which do not require a court order for collection.

(3) "Client" means a child or young adult:

(a) Under the age of 21 who is under the placement and care responsibility of the Department of Children and Families (Department) in out-of-home care as a result of a dependency proceeding under Chapter 39, F.S., or

(b) Between the ages of 18 to 23 who meets the criteria for services under s. 409.1451(2) F.S., but not in the legal custody of the Department; and

(c) Who has received, or will receive, money or tangible or intangible property for their sole use and benefit from any other person or entity, that is placed in the possession or control of the Department and for whom a separate trust for such individual does not exist.

(4) "Committee" means the members appointed by the Department to review all fee waiver and change in personal allowance requests. The committee must be composed of a minimum of three members, must not include the child welfare professional assigned to the client's case, and be balanced as to representation from the community-based care lead agency (lead agency) fiscal, lead agency operation/program, and Department regional staff.

(5) "Cost of care" also referred to as "fees" means the total amount, as recorded in the Department's child welfare information system, the Department has paid for the care of the child including, but not limited to, foster care room and board payment, Child Placing Agency (CPA) fees, or medical or mental health services not covered by Medicaid or other sources.

(6) "Current needs" of a client beneficiary means food, clothing, shelter, and medical expenses that are necessary for the client's daily living in a healthy manner. Current needs may also include, but are not limited to:

(a) The cost of care for the child's foster care placement;

(b) The cost of providing medical, psychological, psychiatric, or dental treatment which cannot, after diligent search or inquiry, be provided from other sources, including Medicaid, but not including general revenue;

(c) Personal comfort items or expenses including electronic devices, books, art supplies, sports equipment, and special activity fees; and

(d) Transportation for the client to independently travel to and from work, school or other activities.

(7) "Fee waiver" means a reduction or deferment of assessed fees pursuant to the procedures established in this rule chapter. Any client who has a Master Trust account is eligible to apply for a fee waiver.

(8) "Fiscal" means community-based care lead agency staff that are accountable for receiving and managing funds that are held in the Master Trust.

(9) "Long-term needs" of a Master Trust client beneficiary must be defined to include, but not limited to, the following:

(a) Educational or vocational needs including educational testing, vocational aptitude testing and counseling; therapy; remedial tutoring or classes; tuition, fees, books and supplies for school or training; equipment, tools, uniforms or other special clothing, and safety equipment to do a job; supported employment services, including payments for a job coach; attendant care or child care expenses; prepaid college tuition insurance plan; and

(b) Youth and young adult transition services including financial assistance for tangible and intangible expenses related to education, employment, and other life skill training opportunities for the 13-21 year old population.

(c) Financial planning for sufficient resources to be available for the youth to function as an adult.

(10) "Master Trust" means, as the context requires, either the Master Trust Declaration, or the designated client trust accounts or subaccounts created within the Master Trust.

(11) "Personal Allowance" means an amount set aside from a client's Social Security Administration Title II (SSA), Supplemental Security Income (SSI), Veterans' (VA) or other federal benefit payment for the client's personal needs before any amounts are applied to the cost of care.

(12) "Plan for Achieving Self-Support (PASS)" means a plan submitted to and approved by the Social Security Administration, to help clients who receive Supplemental Security Income (SSI) set aside money from other sources to pay for items or services needed to achieve a specific work goal.

(13) "Subaccount" refers to one or more of the subaccounts that may be established within the client's trust account within the Master Trust. The subaccounts which are currently authorized under the Master Trust Declaration include the:

(a) Current needs subaccount,

(b) Long-term needs subaccount,

(c) Disabled special needs subaccount(s),

(d) Medicaid income trust subaccount, and

(e) Self-sufficiency-independent living plan subaccount.

Rulemaking Authority 402.17(1)(a)9., 402.33(2), (7)(a) FS. Law Implemented 402.17, 402.17(2)(c), 402.33 FS.

New 4-6-99, Amended 5-18-03.

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