Current through Reg. 50, No. 187; September 24, 2024
(1) In
accordance with Chapter 393, F.S., beginning July 1, 2010, the Agency will
assign a category of priority for a preenrollement category by collecting
information about the individual's needs and the status of the individual's
caregiver if applicable. If an individual meets the criteria for more than one
category, the highest-ranking category will be assigned. If funding is
available, the Agency shall offer waiver enrollment to individuals on a
preenrollement category in the order of the categories, category 1 being the
top category. Within categories 3 through 7, the date the individual was
determined eligible for a preenrollement category shall determine the order for
receiving waiver services.
(2) If a
backup caregiver is available, the name, relationship and age of the backup
caregiver must be provided.
(3)
Category 1 includes individuals determined to meet the crisis criteria
specified in Rule 65G-1.047, F.A.C. The process
for crisis determination will follow the requirements outlined in Rule
65G-1.046, F.A.C.
(a) Individuals whose situation has reached a
crisis may request a crisis application be completed by the area office. In
addition to the requirements of Chapter 65G-1, F.A.C., the following shall
apply:
(b) A temporary placement in
jail is not considered a form of housing and therefore will not exclude the
individual from the definition of homeless. Additionally an individual that is
within 90 days of discharge from an institutional setting and does not have an
acceptable home or residential situation in place shall be considered in
Category 1.
(4) Category
2 includes children who are jointly served by the Agency and the Department of
Children and Family Services ("DCF, " also known as the Department of Children
and Families) in the Child Welfare program. A monthly data match between the
two agencies identifies these individuals. DCF may bring to the attention of
APD any child in need of critical services with an open case with the
Department of Children and Families in the Child Welfare program, rather than
wait for the data match. If the youth is still on a preenrollement category for
APD services at the age of 18 when they age-out of foster care, the youth will
remain under Category 2 until they begin receiving services, unless they are
deemed homeless and qualify under Category 1.
(5) Category 3 includes the following
individuals:
(a) Individuals for whom the
caregiver has a condition or circumstance that is expected to render the
caregiver unable to provide care within the next twelve months and other
caregivers are unable, unwilling or unavailable to provide care. The evaluation
of the caregiver's condition or circumstance should consider the level of care
necessitated by the client's needs and the caregiver's ability to provide that
level of care. The condition or circumstance that renders the caregiver unable
must be documented by a physician's statement if it is a medical condition and
must explain the reason the current caregiver can no longer provide the
individual's care. If the caregiver is paid by any source for their services to
the individual there is a rebuttable presumption that another paid provider
could be substituted and therefore that another caregiver is available to
provide care. The client may present evidence to show that this presumption is
not correct under their particular circumstances. Circumstances that are not
medical in nature must be described and signed by the caregiver. This
documentation will be provided to the Area Office for a determination of
eligibility for Category 3.
(b)
Individuals who are at substantial risk of incarceration or court commitment
which is defined as unlawful activity by the individual that has required the
intervention of local or state law enforcement even if the unlawful activity
did not result in an arrest or criminal charges. Documentation is required to
include a summary of incidents in which the individual has engaged in dangerous
behavior, has past history of involvement with the court system or law
enforcement, is currently involved with the court system or law enforcement,
multiple arrests, incarceration in jail, prison or admission to the mentally
retarded defendant program.
(c)
This category includes individuals who are currently incarcerated and are
expected to be released within 12 months. Documentation for placing an
individual in the priority category includes copies of any past court
commitments, documentation from law enforcement, and court ordered competency
evaluations. Documentation must include:
1) a
summary of incidents in which the individual has engaged in dangerous behavior,
has past history of involvement with the court system or law enforcement, is
currently involved with the court system or law enforcement, multiple arrests,
incarceration in jail, prison or admission to the mentally retarded defendant
program, and
2) copies of any past
court commitments, documentation from law enforcement, and court ordered
competent evaluations.
(d) Individuals whose behaviors or physical
needs place them or their caregiver at risk or harm within the next 12 months,
and for whom no other supports are currently available to meet their needs.
Documentation of behaviors or physical needs that are casing the risk or
potential harm and the medical treatment provided to the individual or to
others because of the individual's behaviors or physical needs must be
provided. Documentation of the frequency, intensity and duration of behavioral
incidents and an explanation of behavioral interventions that have used must
also be provided.
(e) Individuals
who are identified by the facility as ready for discharge from a state mental
health hospital, intermediate care facility for the developmentally disabled, a
skilled nursing facility, correctional facility, or a secure forensic facility
within the next 12 months. There must be evidence that without the provision of
waiver-funded services, these individuals will be at risk of readmission to an
institution due to a lack of available caregiver or a lack of appropriate or
available services. Documentation for this category must include a discharge
summary from the facility that indicates the individual is ready for discharge
or no longer meets the criteria for the level of care required by the facility
and the status of available caregivers for the individual. Documentation that
there are no other resources or services available other than waiver services
to meet the individuals needs must be provided.
(f) Individuals receiving Voluntary
Protective Services (VPS) or requesting DCF assistance to prevent their child
from entering foster care. The parents or caregivers shall provide
documentation from the applicable agencies or departments confirming this
information.
(g) In reviewing the
caregiver's ability to provide, care the Agency shall consider the reliability
and long-term commitment of the caregiver in order to ensure continuity of
care. Additionally, the caregiver's responsibility for other minors under their
care shall be considered.
(6) Category 4 includes individuals whose
primary caregiver is age 70 years of age or older and no other alternate
caregiver is available, willing or able to provide support. Additionally, other
government or community resources are not available to provide assistance for
the caregiver. Documentation of the date of birth of the primary caregiver must
be provided as well as documentation that the individual needs a caregiver and
no other caregiver is available. The Agency shall include a review of the
caregiver's ability to provide the level of support the individual needs and
not just consider the age of the caregiver. The health of the caregiver(s) will
be considered. Additionally the age of both parents who are providing care
giving shall be considered and if one is able to provide the care then the
individual will not be considered for Category 4.
(7) Category 5 includes individuals who are
expected to graduate from secondary school within the next 12 months,
individuals who have received a special diploma and need the support available
through waiver funded services to obtain or maintain competitive employment, or
individuals who have applied for and been accepted to an accredited institution
for postsecondary education. Documentation of the individual's graduation is
required as well as documentation that there are no other resources available,
other than waiver funded services to provide the individual with the support to
obtain or maintain a job.
(8)
Category 6 includes individuals who are age 21 years of age older and do not
meet the criteria for any other category. Documentation of this category is
obtained through verification of the individual's date of birth and
verification that documentation does not qualify the individual for any other
category.
(9) Category 7 includes
those individuals who are younger than 21 years of age and who do not meet the
criteria for any other category. Documentation of this category is obtained
through verification of the individual's date of birth and absence of any
documentation that places an individual into another category. Prevention and
early intervention services that are critical to the child's developmental
growth shall be a high priority for services from the Agency as well as support
to the parents or caregivers to maintain the child in the family
home.
Rulemaking Authority
393.065(7) FS.
Law Implemented 393.065(5)
FS.
New 10-24-10.
