Florida Regulations 65C-28.022: State Institutional Claims for Damages Caused by Children in Out-of-Home Care
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(1) Definitions.
(a) “”Department”” means the Department of Children and Families.
(b) “”Child”” means a child in licensed out-of-home care.
(c) “”Claimant”” means a licensed caregiver who submits a restitution claim alleging property damages and/or direct medical expenses for his or her injuries under Florida Statutes § 402.181
(d) “”Damages”” means physical harm caused by something in such a way as to impair its value, usefulness, or normal function. Routine maintenance incidental to running a household, such as cleaning floors, counters, appliances, dishes, and clothing, as well as lawn maintenance, are not damages that can be reimbursed.
(e) “”Incident”” means the occurrence of property damage and/or medical injury resulting from the same or similar event or occurrence in time.
(f) “”Preponderance of the evidence”” means the party bearing the burden of proof must present evidence which shows that the fact to be proven is more probable than not.
(g) “”Restitution”” means recompense for injury or loss.
(h) “”Restitution claim”” means any reimbursement claim resulting from property damages and/or direct medical expenses for injuries caused by a resident(s) that has not been restored or recompensed through another entitlement.
(2) Individuals providing care and supervision for children in licensed out-of-home care may seek restitution for direct medical expenses and/or property damage caused by a child. The individual may seek restitution on behalf of a child in licensed out-of-home care whose medical expenses and/or property damages were caused by another child in licensed out-of-home care.
(3) If the child was responsible at the time the injury or damage occurred, the claimant may receive restitution up to $1,500 per claimant per incident based on the child’s legal status and upon availability of funding.
(a) When a child is in shelter legal status (pursuant to a court’s shelter order), restitution up to $1,000.00 may be claimed.
(b) When a child is in foster care legal status (pursuant to a court order granting custody to the Department for placement in foster care), restitution up to $1,500.00 may be claimed.
(c) The child’s placement, such as a foster home, group home, or residential treatment center, has no bearing on the above distinction. It is based solely on the child’s legal status at the time the injury or damage occurred.
(4) Responsibilities of the Claimant.
(a) A claimant filing a restitution claim under Florida Statutes § 402.181, with the Department has the burden to prove, by a preponderance of the evidence:
1. That damages occurred, by means of photographs;
2. That the action(s) of a child in licensed out-of-home care is the direct cause of claimant’s property damages and/or direct medical expenses for injuries; and
3. The monetary amounts of the claimant’s damages and/or expenses, by means of a receipt or at least two written estimates or quotes.
(b) Only one restitution claim can be submitted per claimant per incident.
(c) The claimant must complete and file the Restitution Claim Form, CF-FSP 5459, (October 2022), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14898, within 90 days of the occurrence of the incident upon which the claim is based. The claimant must file a completed, signed copy of the Restitution Claim Form with a child welfare professional.
(d) If the claimant received compensation for the same incident not pursuant to Florida Statutes § 402.181, such as from workers’ compensation, homeowner’s insurance, private insurance, or any other entitlement, the Institutional Claims Fund may be used only to request restitution for any deductible amount and/or repair of damage the other compensation did not pay. Documentation from such compensation must be included with the form and receipts.
(5) Responsibilities of the child welfare professional.
(a) When a claimant advises the child welfare professional of expenses they have incurred as a result of personal injury or property damage caused by a child in out-of-home care, the child welfare professional shall:
1. Assist the claimant in applying for funding by assisting the completion of the Restitution Claim Form.
2. Ensure that the form is completed in its entirety and that legible receipts or estimates from a licensed vendor are attached.
3. Confirm the damage described on the application through observation of the home or facility, or by reviewing validated documentation provided by the claimant.
4. Confirm that the claimant has provided pictures of the damage, two written estimates for repair, or receipt(s) if the repair has been paid for.
5. Review the circumstances of the claim and have the claimant sign the form.
(b) The child welfare professional shall complete Part A. of the State Institutional Claims for Damages Recommendation form, CF-FSP 5453, (October 2022), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14897. The child welfare professional shall submit the State Institutional Claims for Damages Recommendation form, Restitution Claim Form, and all supporting documentation to the Department designee.
(6) Approval and Denial of Claims.
(a) The Department will only consider a claim that is filed on a completed Restitution Claim Form and State Institutional Claims for Damages Recommendation form, which are signed by both the claimant and child welfare professional. Incomplete forms will be returned without approval or denial due to insufficient information.
(b) Subject to available funding, the Department will approve claims that include all required documentation and meet the requirements articulated in this rule within 90 days of receipt of the completed State Institutional Claims for Damages Recommendation form.
(c) If the request for restitution is denied, the applicant shall be notified in writing, including notice of the applicant’s right to appeal pursuant to Florida Statutes Chapter 120
(d) If the request for restitution is granted, the applicant shall be notified in writing.
(e) In the event a claim is denied, and the claimant requests a 120 hearing, the child welfare professional must attend the hearing.
(f) Claims for damages shall not be granted for:
1. A child purchasing entertainment through the internet using the licensed caregiver’s account or credit card.
2. Damages resulting from circumstances where the biological or adoptive child and foster child are equally responsible.
3. Damages resulting from circumstances where the foster child and claimant are equally responsible.
Rulemaking Authority Florida Statutes § 402.181(3). Law Implemented Florida Statutes § 402.181. History—New 3-20-22, Amended 11-22-22.
Terms Used In Florida Regulations 65C-28.022
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) “”Child”” means a child in licensed out-of-home care.
(c) “”Claimant”” means a licensed caregiver who submits a restitution claim alleging property damages and/or direct medical expenses for his or her injuries under Florida Statutes § 402.181
(d) “”Damages”” means physical harm caused by something in such a way as to impair its value, usefulness, or normal function. Routine maintenance incidental to running a household, such as cleaning floors, counters, appliances, dishes, and clothing, as well as lawn maintenance, are not damages that can be reimbursed.
(e) “”Incident”” means the occurrence of property damage and/or medical injury resulting from the same or similar event or occurrence in time.
(f) “”Preponderance of the evidence”” means the party bearing the burden of proof must present evidence which shows that the fact to be proven is more probable than not.
(g) “”Restitution”” means recompense for injury or loss.
(h) “”Restitution claim”” means any reimbursement claim resulting from property damages and/or direct medical expenses for injuries caused by a resident(s) that has not been restored or recompensed through another entitlement.
(2) Individuals providing care and supervision for children in licensed out-of-home care may seek restitution for direct medical expenses and/or property damage caused by a child. The individual may seek restitution on behalf of a child in licensed out-of-home care whose medical expenses and/or property damages were caused by another child in licensed out-of-home care.
(3) If the child was responsible at the time the injury or damage occurred, the claimant may receive restitution up to $1,500 per claimant per incident based on the child’s legal status and upon availability of funding.
(a) When a child is in shelter legal status (pursuant to a court’s shelter order), restitution up to $1,000.00 may be claimed.
(b) When a child is in foster care legal status (pursuant to a court order granting custody to the Department for placement in foster care), restitution up to $1,500.00 may be claimed.
(c) The child’s placement, such as a foster home, group home, or residential treatment center, has no bearing on the above distinction. It is based solely on the child’s legal status at the time the injury or damage occurred.
(4) Responsibilities of the Claimant.
(a) A claimant filing a restitution claim under Florida Statutes § 402.181, with the Department has the burden to prove, by a preponderance of the evidence:
1. That damages occurred, by means of photographs;
2. That the action(s) of a child in licensed out-of-home care is the direct cause of claimant’s property damages and/or direct medical expenses for injuries; and
3. The monetary amounts of the claimant’s damages and/or expenses, by means of a receipt or at least two written estimates or quotes.
(b) Only one restitution claim can be submitted per claimant per incident.
(c) The claimant must complete and file the Restitution Claim Form, CF-FSP 5459, (October 2022), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14898, within 90 days of the occurrence of the incident upon which the claim is based. The claimant must file a completed, signed copy of the Restitution Claim Form with a child welfare professional.
(d) If the claimant received compensation for the same incident not pursuant to Florida Statutes § 402.181, such as from workers’ compensation, homeowner’s insurance, private insurance, or any other entitlement, the Institutional Claims Fund may be used only to request restitution for any deductible amount and/or repair of damage the other compensation did not pay. Documentation from such compensation must be included with the form and receipts.
(5) Responsibilities of the child welfare professional.
(a) When a claimant advises the child welfare professional of expenses they have incurred as a result of personal injury or property damage caused by a child in out-of-home care, the child welfare professional shall:
1. Assist the claimant in applying for funding by assisting the completion of the Restitution Claim Form.
2. Ensure that the form is completed in its entirety and that legible receipts or estimates from a licensed vendor are attached.
3. Confirm the damage described on the application through observation of the home or facility, or by reviewing validated documentation provided by the claimant.
4. Confirm that the claimant has provided pictures of the damage, two written estimates for repair, or receipt(s) if the repair has been paid for.
5. Review the circumstances of the claim and have the claimant sign the form.
(b) The child welfare professional shall complete Part A. of the State Institutional Claims for Damages Recommendation form, CF-FSP 5453, (October 2022), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14897. The child welfare professional shall submit the State Institutional Claims for Damages Recommendation form, Restitution Claim Form, and all supporting documentation to the Department designee.
(6) Approval and Denial of Claims.
(a) The Department will only consider a claim that is filed on a completed Restitution Claim Form and State Institutional Claims for Damages Recommendation form, which are signed by both the claimant and child welfare professional. Incomplete forms will be returned without approval or denial due to insufficient information.
(b) Subject to available funding, the Department will approve claims that include all required documentation and meet the requirements articulated in this rule within 90 days of receipt of the completed State Institutional Claims for Damages Recommendation form.
(c) If the request for restitution is denied, the applicant shall be notified in writing, including notice of the applicant’s right to appeal pursuant to Florida Statutes Chapter 120
(d) If the request for restitution is granted, the applicant shall be notified in writing.
(e) In the event a claim is denied, and the claimant requests a 120 hearing, the child welfare professional must attend the hearing.
(f) Claims for damages shall not be granted for:
1. A child purchasing entertainment through the internet using the licensed caregiver’s account or credit card.
2. Damages resulting from circumstances where the biological or adoptive child and foster child are equally responsible.
3. Damages resulting from circumstances where the foster child and claimant are equally responsible.
Rulemaking Authority Florida Statutes § 402.181(3). Law Implemented Florida Statutes § 402.181. History—New 3-20-22, Amended 11-22-22.