The Florida Agency for Persons with Disabilities issued a declaratory statement this month, at the request of the Children & Youth Law Clinic, clarifying that foster children on the wait list for developmental disability services will be immediately placed into the waiver program upon the presentation of an order reunifying the child with their parents. The practical effect is that no family should become “stuck” in foster care or under the supervision of the Department of Children and Families due solely to their inability to privately pay for developmental disabilities services for their children.

The request for a declaratory statement came from a series of cases handled by the Clinic involving children with developmental disabilities who had loving and safe parents, but who could not be reunified in their family’s home due to the severity of their disability. These children typically resided in residential rehabilitation programs that provided round-the-clock staff trained to support the child and keep them safe. Many of these cases became “stuck” between DCF, APD, and the courts because of uncertainty over who would pay for continued services if the dependency case were closed. APD’s declaratory statement makes clear that these children can be reunified with their parents and remain in an appropriate residential rehabilitation program without a lapse of services.

A special congratulations to students Tyonna Brent and Isabel Jolicoeur for their great work on the petition.

The full Order Disposing of the Petition for Declaratory Statement is available here.

Leave a comment

Your email address will not be published. Required fields are marked *