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The Florida Senate

2003 Florida Statutes

Section 393.068, Florida Statutes 2003

393.068  Family care program.--

(1)  The family care program is established for the purpose of providing services and support to families and individuals with developmental disabilities in order to maintain the individual in the home environment and avoid costly out-of-home residential placement. The Legislature recognizes the importance of family support in the long-range success of deinstitutionalization. Services and support available to families and individuals with developmental disabilities shall emphasize community living and enable individuals with developmental disabilities to enjoy typical lifestyles. Support and flexibility in coordinating support and services are core elements in caring for the individual who is developmentally disabled. One way to accomplish this is to recognize that families are the greatest resource available to individuals who have developmental disabilities and that families must be supported in their role as primary care givers. Services and support authorized under this program shall include the services listed under s. 393.066(4) and, in addition, shall include, but not be limited to:

(a)  Attendant care.

(b)  Barrier-free modifications to the home.

(c)  Home visitation by agency workers.

(d)  In-home subsidies.

(e)  Low-interest loans.

(f)  Parent training.

(g)  Respite care.

(h)  Modifications for vehicles used to transport the individual with a developmental disability.

(i)  Facilitated communication.

(j)  Family counseling.

(k)  Equipment and supplies.

(l)  Self-advocacy training.

(m)  Roommate services.

(n)  Integrated community activities.

(o)  Emergency services.

(p)  Support coordination.

(q)  Other support services as identified by the family or individual.

(2)  Provided it is consistent with the intent of the Legislature, the department shall prioritize increased appropriations provided for family-based services for developmentally disabled individuals toward individualized, family-based supports and services for consumers and their families. Further, the department's 5-year plan for developmental services shall reflect a priority toward individualized, family-based supports and services for consumers and their families.

(3)  When it is determined by the department to be more cost-effective and in the best interest of the client to maintain such client in the home of a direct service provider, the parent or guardian of the client or, if competent, the client may enroll the client in the family care program. The direct service provider of a client enrolled in the family care program shall be reimbursed according to a rate schedule set by the department. In-home subsidies cited in paragraph (1)(d) shall be provided according to s. 393.0695 and are not subject to any other payment method or rate schedule provided for in this section.

(4)  All existing community resources available to the client shall be utilized to support program objectives. Additional services may be incorporated into the program as appropriate and to the extent that resources are available. The department is authorized to accept gifts and grants in order to carry out the program.

(5)  The department may contract for the provision of any portion of the services required by the program, except for in-home subsidies cited in paragraph (1)(d), which shall be provided pursuant to s. 393.0695 Otherwise, purchase of service contracts shall be used whenever the services so provided are more cost-efficient than those provided by the department.

(6)  When possible, services shall be obtained under the "Florida Comprehensive Annual Services Program Plan under Title XX of the Social Security Act" and the "Florida Plan for Medical Assistance under Title XIX of the Social Security Act."

(7)  To provide a range of personal services for the client, the use of volunteers shall be maximized. The department shall assure appropriate insurance coverage to protect volunteers from personal liability while acting within the scope of their volunteer assignments under the program.

(8)  The department shall submit to the President of the Senate and the Speaker of the House of Representatives, as part of the biennial plan required by s. 393.14, an evaluation report summarizing the progress of the family care program. The report shall include the information and data necessary for an accurate analysis of the costs and benefits associated with the establishment and operation of the programs that were established.

History.--s. 1, ch. 77-335; s. 11, ch. 86-220; s. 15, ch. 89-308; s. 19, ch. 91-158; s. 5, ch. 92-174; s. 1, ch. 93-143; s. 10, ch. 93-200; s. 6, ch. 93-267; s. 13, ch. 94-154.