Current through Reg. 50, No. 187; September 24, 2024
(1) As
Trustee, the Department and its contracted providers have a fiduciary
responsibility to hold and manage Master Trust accounts. The determination to
designate funds to separate subaccounts should be made to balance current and
long-term needs of the client. In all instances, neither the client, the
client's family, nor the client's assistance group have any power or authority
to alter, modify, change, amend or revoke the Master Trust Declaration as a
whole, or as applied to that client's trust account, or any subaccount(s). The
money or property, tangible or intangible, placed in the account, or any
subaccount, of the client is not available to the client's family or assistance
group for their current needs.
(2)
The Department or community-based care lead agency (lead agency) on the behalf
of the Department, as representative payee, must have access to revocable
subaccounts that are created for the benefit of clients who receive benefit
payments, child support payments, third-party benefits, or any other money or
property. Funds for the client's current needs will be disbursed by the
Department or lead agency on behalf of the Department, as Trustee, pursuant to
Sections 402.17 and
402.33, F.S. As to a client's
account or subaccount(s), the Master Trust terminates when the client is no
longer in the custody, care, or control of the Department with limited
exceptions as set forth in Section
402.17, F.S.:
(a) Requests and authorization for
withdrawals of funds from the client's account must be submitted utilizing the
Master Trust Withdrawal Request and Authorization, form CF-FSP 5463, (July
2024), incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16892.
If a single item expenditure equals at least $500 or if a total purchase amount
equals at least $1000, the lead agency must receive approval from the
Department designee prior to purchase. The Department designee must review and
return a decision to approve or deny the request within 10 calendar
days.
(b) The lead agency must
notify the client's parent(s) (unless termination of parental rights has
occurred), the guardian ad litem (if one is appointed), and the child's
attorney (if one is appointed) if the total purchase amount is equal to $500 or
more.
(c) A personal allowance in
the amount of $30.00 per month must be set aside in the current needs
subaccount for each client receiving a federal benefit. If the client receives
more than one federal benefit type, the personal allowance is deducted from
each. A request for change in personal allowance must be approved for an
increased amount, as referenced in rule
65C-17.005(2).
(d) Clients who receive Supplemental Security
Income (SSI) benefits, are eligible to submit a Plan to Achieve Self-Support
(PASS), form SSA-545-BK, to the Social Security Administration for approval.
The approved Plan enables the Department to set aside funds from other sources
for long-term educational or vocational needs of the client as enumerated in
the Plan, without affecting SSI eligibility. Unless waived, the cost of PASS
preparation fees, such as vocational testing, counseling, or other pertinent
services, shall be charged against the client's applicable subaccount. A PASS,
Independent Living, or other case plan shall be developed for each member of
this Master Trust client beneficiary group. A copy of the plan shall be kept in
the client's case file and a copy shall also be filed with the court exercising
jurisdiction over the client. As part of the PASS or Independent Living plan, a
vocational assessment may be completed to assist in identifying a reasonable
work goal based on strengths and abilities.
(e) If a client has other special needs which
cannot be provided by the Department, another local, state, or federal source,
such as Medicaid, other community resources, from the client's family members,
or other responsible party, the fee waiver process established in rule
65C-17.005, F.A.C., may be used
to request sufficient funds to provide the essential item to the
client.
(f) Pursuant to the General
Provisions of the Master Trust Declaration, each client, his or her parent(s)
or legal guardian(s) (unless termination of parental rights has occurred), and,
if applicable, the client's attorney or guardian ad litem, shall receive an
annual accounting of the receipts, disbursements and current balance of the
client's subaccount(s). Records regarding the client's subaccount shall be
available for review by the client, parent(s) or legal guardian(s), and, if
applicable, the client's attorney or guardian ad litem, but are otherwise
confidential.
(g) When a client
placed with a non-licensed caregiver is anticipated to receive or is receiving
money or property, the lead agency must assist the caregivers in applying for
the benefit or becoming the representative payee of benefit payments.
(h) The lead agency must provide to
Children's Legal Services (CLS) a completed Notarized Designation of Client
Money and Property, form CF-FSP 5222, (July 2024), incorporated by reference
and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16893,
and Notice of Fee Assessment And Rights of Foster Child, form CF 285D, (July
2024), incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16894,
within seven calendar days from the establishment of the client's Master Trust
account.
(i) Within 15 calendar
days of the establishment of the client's Master Trust account, the lead agency
must complete the "Master Trust Expenditure Plan", CF-FSP 5312, (July 2024),
incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16895.
(j) After the monthly personal allowance is
set aside, the lead agency must submit from the remaining funds the full amount
of the client's cost of care for the month the payment is allocated to the
Department's Office of Revenue Management. The exception to this rule is if a
fee waiver has been approved.
(k)
The lead agency must prepare a quarterly accounting record which must include
all transactions from the date of the last quarterly accounting
record.
(l) The lead agency is
responsible for monitoring the client's subaccounts. A completed Notice of Fee
Assessment and Rights of Foster Child, form CF 285D, and a copy of the client's
most recent quarterly accounting record must be included in each Judicial
Review Social Study Report filed with the court.
(m) Clients aged 17 who are receiving SSI and
are seeking to continue receiving benefits as an adult, must cooperate with the
lead agency in completing the required social security administration adult
application process. To meet timely submission expectations, the lead agency
must assist the client with initiating the required social security
administration adult application process 180 days prior to the client's 18th
birthday.
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.
