The Children and Youth Law Clinic (where I work) recently filed a petition with the Agency for Persons with Disabilities asking the agency to clarify the procedure and criteria for removing foster children from the Waitlist when they are reunified with their parents. Specifically, we asked about the procedure for children with severe developmental disabilities who can safely be legally reunified with their parents but medically need to remain in a group home program for children with developmental disabilities.*
Below is the official notice, and a copy of the petition is here.
Notice of Declaratory Statement
Department: Department of Children and Families
Division: Agency for Persons with Disabilities
Petitioner: Robert Latham, Esq. for C.J.
Full Text: The petition seeks the agency’s opinion as to Section 393.065(5)(b), Florida Statutes applicability to the Petitioner and others similarly situated under various scenarios as to the proper procedures and necessary conditions for determining eligibility under Category 1, Category 2, and any additional conditions necessary to qualify for removal from the waitlist. Persons other than the original parties to a pending proceeding whose substantial interests will be affected by the disposition of the declaratory statement and who desire to become parties may file a motion to intervene with the Agency. The motion should be filed with the Agency Clerk at the above address within twenty one (21) days of publication of this notice. Any petition for leave to intervene must comply with the requirements set forth in Fla. Admin. Code R. 28-105.0027.
* For the admin law nerds: we filed it as a Declaratory Statement instead of a petition for Rulemaking because we have a child who needs to exit now, not two years from now.