Section 65C-17.003 - Planning and Budgeting Functions(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.(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.Fla. Admin. Code Ann. R. 65C-17.003
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, Amended by Florida Register Volume 50, Number 153, August 6, 2024 effective 8/21/2024.New 4-6-99, Amended 5-18-03.