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(PDA Subcommittee Reps are
Randy Berg and Chris Jones)
February 1, 2005
STATEWIDE TASK FORCES
Child Support Distribution:
(contact person is Bill Fraser)
This statewide task force focused on Florida's failure to distribute 31.7
million dollars in child support collected but sitting in state accounts
awaiting allocation. They conducted training and created outreach procedures.
This task force is now dormant, but will be reconstituted around the most active
field programs to plan state court litigation. They want to develop a systemic
reform case on the issue of the timeliness and accuracy of the State's
distribution of collected support payments.
Surrogate Parents:
(contact person is Barbara Briggs)
The goal for this task force was to sue the Florida Department of Education for
failure to adequately ensure that the school boards around the state were
providing surrogate parents pursuant to the Individuals with Disabilities Act
(IDEA). This task force did an administrative action in Orange County and is
focusing the next piece of advocacy around forcing a local school district to
routinely appoint surrogate parents for kids with disabilities not living with
biological parents. The task force is now developing litigation.
Early Periodic Screening, Diagnosis & Treatment (EPSDT):
(contact person is Anne
Swerlick)
The initial purpose of this task force was to bring together health law experts
and juvenile court practitioners to develop and implement strategies for
enforcing children's EPSDT rights through the juvenile courts. They developed a
"boilerplate" memo of law on EPSDT for juvenile court practitioners to educate
judges and advocate for individual children. They are looking for cases they can
take up on appeal to develop some precedent for judges having the authority to
enforce EPSDT rights. The task force has broadened the scope of their work to
provide support to juvenile practitioners who want to enforce their client's
rights to EPSDT services through the Medicaid fair hearing process. The task
force is also interested in working on the health-related sections of the child
welfare rules being developed by the Department of Children and Families and
investigating legal issues relating to Medicaid-funded therapeutic foster care
services. This Group has a list serve. There are currently 36 task force
members.
Access to Unemployment Compensation for Limited English Proficient (LEP):
(contact
person is Valory Greenfield)
This task force is investigating the following: 1) the extent to which the
agency makes translated program materials available to LEP claimants; 2) the
extent to which the agency provides equal access to information and benefits for
LEP persons who must file claims via telephone, mail, or Internet; and 3) the
existence of accommodations for LEP persons who must seek in-person assistance
with their claims. This task force intends to develop a systemic strategy to
address inadequacies uncovered through its investigation. This task force has 4
members.
Food Stamp Eligibility Privatization:
(contact person is Cindy Huddleston)
This task force is sharing information about Florida's demonstrative projects
which test the privatization of food stamp eligibility determinations.
Participants in this task force who work in areas of the state where
demonstration projects are taking place will monitor adherence to clients'
federal food stamp rights by the private providers. Task force members will also
monitor the practical effects of privatization upon our clients (including the
potential for better customer service). Members of this task force will bring
their concerns to DCF's attention and endeavor to negotiate with DCF to include
these areas of concern in DCF's evaluations of the demonstration project. This
task force has 17 members.
"Compromise" of Food Stamp Overpayments:
(contact person is Valory Greenfield)
This task force is examining the extent to which DCF fairly informs clients
charged with food stamp over-issuance of the existence of "compromise" as a
means of reducing or eliminating repayment in hardship situations. This task
force will seek to develop a strategy to ensure that DCF fairly evaluates the
requests of clients who seek to avail themselves of the compromise option. This
task force has 4 members.
Workforce Due Process (Welfare Benefits):
(contact person is Cindy Huddleston)
This task force examines the provision of due process notice and hearing rights
to TANF participants whose requests for work-related support and training
services are adversely denied, delayed, reduced, or changed. This task force,
especially the South Florida sub-group, has been actively engaged in
administrative litigation and appeals to establish that due process applies in
this context in southern regions. This task force intends to participate in
rule-making and/or related litigation in order to extend due process statewide.
This task force has 15 members.
Relative Caregiver Program:
(contact person is Valory Greenfield)
This task force currently reviews cases ad hoc at the request of group members
and offers consultation on litigation and advocacy strategies for the pursuit of
these individual cases to a favorable conclusion. In the past, this task force
engaged in administrative litigation to establish a meaningful application
process for the Relative Caregiver Program. The group continues to focus on
issues involving applicants' lack of a point of entry into the program and the
availability of retroactive benefits as a result of the agency's delay in
processing the case and/or converting the case from TANF benefits to the higher
level RC benefits. This task force has 11 members.
Medicaid Waiver:
(contact person is Andrea Costello)
This task force was created from the Senior/Health Umbrella Group. It was
established to make systemic changes to increase access to Medicaid services and
to ensure that clients with disabilities, including the elderly, can obtain the
services needed to remain living in their homes. This task force has conducted
trainings and submitted several sample pleadings and form letters for posting on
the statewide advocates' website. Task force members have engaged in
administrative rule challenge proceedings, submitted comments on proposed
administrative rule changes, and represented clients in a variety of forums,
including Medicaid fair hearings, class action lawsuits, federal court actions
and state court actions. The task force communicates by phone conferences, list
serve and individual calls for case assistance. There are approximately 30
members.
Northeast Florida Consumer:
(contact person is Lynn Drysdale)
This task force maintains an email group and meets once a month to discuss
consumer issues. Most months they have training. They discuss cases, litigation
strategies and share pleadings. There are 14 members of this task force.
Local Health Access:
(contact person is Miriam Harmatz)
This task force was recently formed at the statewide Senior/Health Umbrella
Group meeting in September 2003. It was developed to share strategies for
expanding access to local healthcare services, including public hospitals,
county health departments and local health care districts. Members are gathering
information on local resources and procedures for obtaining free or reduced
healthcare. They will share and discuss this information on their list serve.
Most of their work will be done through the list serve and individual phone
calls. Currently, task force members are discussing legal and strategy issues
confronting advocates in Duval County who are challenging durational residency
requirements for free care at the local public hospital, as well as, due process
issues. There are 12 task force members.
Psychotropic Medication Task Force:
(contact person is Deborah Schroth)
This task force was formed by the Education/Juvenile Umbrella Group as a result
of concern regarding the over medication of foster children. It is beginning to
work on anticipated legislation this upcoming Session, as well as, drafting a
rule of Juvenile Procedure similar to Rule 8.350. They have a list serve. There
are 7 task force members.
Lawyers for Children Task Force:
(contact person is Gerry Glynn)
This task force promotes rights of children to have access to an attorney. They
are currently surveying to access whether courts are complying with children's
right to have an attorney when faced with a mental health commitment. They have
monthly phone conferences and a list serve. There are 12 task force members.
Independent Living Task Force:
(contact person is Gerry Glynn)
This task force was formed to promote better services for older and former
foster children as they adjust to independent living. The task force is working
on proposed DCF rules, legislative issues and training. They have phone
conferences every two weeks and a list serve. There are 10 task force members.
Zero Tolerance Task Force:
(contact person Deborah Schroth)
The goal of the task force is to engage in legislative activity and litigation
concerning the mandatory nature of zero tolerance of so-called criminal activity
in Florida's public schools, which results in inappropriate arrests and
delinquency referrals, combined with school discipline.
Unemployment compensation Task Force:
(contact person Arthur Rosenberg)
This task force is working through legislative advocacy and litigation to expand
eligibility for and payment of unemployment compensation benefits.
DCF Family Safety Program Rules Task Force:
(contact person Deborah Schroth)
This task force is working to improve the some 350 pages of proposed new rules
that will govern almost all aspects of children and families involved in the
dependency system.
Indigent Court Costs and Fees Task Force:
(contact Bill Fraser)
This task force is through litigation and legislative advocacy seeking to reform
the many different implementations of the new charging of fees and costs to
indigents initiating legal actions in the court system. The implementation of
the new requirements which were included in the revision to Article V
legislation is severely impacting access to the courts for indigents.
Predatory Lending Task Force:
(contact person Lynn Drysdale)
This task force is combating the expanding predatory lending practices around
Florida. The elderly are particularly vulnerable targets of the abusive lending
practices that put low-income families’ homes at risk.
Hurricane Response Task Force:
(contact person Kent Spuhler)
This task force is working to coordinate the legal assistance available to
victims of the four (4) hurricanes that hit Florida in 2004. Victim service
information and benefits available are shared through a listserve. The listserve
is also used to identify common problems and strategize effective responses.
Food Stamp Legal Representation Notification Task Force:
(contact person Valory
Greenfield)
This task force has been organized to examine the Department of Children and
Families failure to meaningfully notify food stamp applicants and participants
of the availability of free legal representation pursuant to DCF's obligation to
do so under the federal food stamp regulations [7 CFR 273.13(a)(2)] and to
devise strategies to systemically improve this notification function.
REGIONAL TASK FORCES:
REGION VII
Housing Opportunities for Persons with Aids (HOPWA):
This task force was developed to address the issue of due process for recipients
of HOPWA.
Waiver of Oath for Naturalization of Incompetent Persons:
This task force was developed to force INS to implement the statutory
requirement to provide naturalization to individuals, otherwise eligible for
citizenship, who are unable to take the oath due to lack of competency.
Sanctions on SSI Benefits for Alleged Fleeing Felons:
(contact person is Valory
Greenfield)
This task force was developed to address SSA's overly broad application of the
fleeing felon sanction in cutting off or denying SSI benefits. There are 5 task
force members. This task force has not met in a couple of months. They are
working their individual cases.
Denials of SSI for Cuban-Haitian Entrants:
(contact person is Valory Greenfield)
This task force was developed to address issues which have arisen in local SSA
offices in their refusal to properly apply the Cuban Haitian Entrant criteria.
There are 6 task force members.
FCAT Initiative:
(contact person is Margaret Zehren)
This task force was designed to provide significant additional legal resources
directed at families whose children are attending a failing elementary school to
see if providing legal services could have a positive impact on the quality of
education. The goal of the task force is to promote educational outcomes for the
children of Holmes Elementary by providing legal services to their families in
critical areas. This is a Region VII collaborative effort by Legal Services of
Greater Miami, Legal Aid Society of the Dade County Bar Association, Put
Something Back Pro Bono Project, Florida Immigrant Advocacy Center, Florida
Legal Services, the Florida Justice Institute, and the Guardianship Program of
Dade County.
Hialeah Housing Authority Task Force:
(contact person Charles Elsesser)
This task force is seeking to improve the practices, policies and procedures of
the Hialeah Housing Authority.