During the summer of 2002 I was doing some research for a friend of mine who's daughter was diagnosed with mild Cerebral Palsy. I knew the girl had a traumatic birth and wanted to see if there was any way I could help my friends. As I was doing some research I got side tracked by the title of a Florida House Bill dealing with the Board of Regents  with the university system since I had once worked for a State University. (House Bill 67E, 2002 Florida Legislative Special Session) What I found in this Bill nearly shocked me. On the end pages of this Bill I found information dealing with the NICA program and payments to family members for custodial care of the child. I wouldn't expect anyone from NICA to give you a call and tell you this wonderful news, but the way I read this is parents are entitled to reimbursement for the care of their child in lieu of professional care.

766.302  Definitions; ss. 766.301-766.316.--As used in ss. 766.301-766.316, the term:

"Family member" means a father, mother, or legal guardian.

"Family residential or custodial care" means care normally rendered by trained 

professional attendants which is beyond the scope of child care duties, but which is

provided by family members. Family members who provide nonprofessional residential or

custodial care may not be compensated under this act for care that falls within the

scope of child care duties and other services normally and gratuitously provided by

family members. Family residential or custodial care shall be performed only at the

direction and control of a physician when such care is medically necessary. Reasonable

charges for expenses for family residential or custodial care provided by a family

member shall be determined as follows:

	(a)  If the family member is not employed, the per-hour value equals the

	federal minimum hourly wage.

	(b)  If the family member is employed and elects to leave that employment to

	 provide such care, the per-hour value of that care shall equal the rates

	 established by Medicaid for private-duty services provided by a home health

	 aide. A family member or a combination of family members providing care in

	 accordance with this definition may not be compensated for more than a total

	 of 10 hours per day. Family care is in lieu of professional residential or

	 custodial care, and no professional residential or custodial care may be

	 awarded for the period of time during the day that family care is being

	 provided.

	(c)  The award of family residential or custodial care as defined in this

	 section shall not be included in the current estimates for purposes of

	 s. 766.314(9)(c).