Florida Senate - 2018                                     SB 590
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00828-18                                            2018590__
    1                        A bill to be entitled                      
    2         An act relating to kinship care; creating s. 39.4015,
    3         F.S.; providing legislative findings and intent;
    4         defining terms; requiring the Department of Children
    5         and Families, in collaboration with sheriffs’ offices
    6         that conduct child protective investigations and
    7         community-based care lead agencies, to develop a
    8         statewide family finding program; requiring the
    9         implementation of family finding before a specified
   10         date; requiring the department and community-based
   11         care lead agencies to document strategies taken to
   12         engage relatives and kin; providing strategies to
   13         engage relatives and kin; requiring the department and
   14         community-based care lead agencies to use diligent
   15         efforts in family finding; providing that a basic
   16         computer search using the Internet or an attempt to
   17         contact known relatives at a last known address or
   18         telephone number is insufficient; requiring
   19         determinations by the court; requiring the department
   20         to adopt rules; amending s. 39.5085, F.S.; providing
   21         legislative findings and intent; defining terms;
   22         requiring the department to provide financial
   23         assistance for kinship caregivers who meet certain
   24         requirements; providing eligibility requirements for
   25         such financial assistance; providing that children
   26         living with caregivers who are receiving financial
   27         assistance are eligible for Medicaid coverage;
   28         providing the purpose of a kinship navigator program;
   29         requiring each community-based care lead agency to
   30         establish a kinship navigator program by a certain
   31         date; providing requirements for programs; requiring
   32         the department to adopt rules; amending s. 39.604,
   33         F.S.; revising legislative findings and intent;
   34         revising attendance and reporting requirements for
   35         children enrolled in early education or child care
   36         programs; amending s. 414.045, F.S.; conforming a
   37         provision to changes made by the act; providing
   38         effective dates.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Effective January 1, 2019, section 39.4015,
   43  Florida Statutes, is created to read:
   44         39.4015 Family finding.—
   45         (1) LEGISLATIVE FINDINGS AND INTENT.—
   46         (a) The Legislature finds that every child who is in out
   47  of-home care has the goal of finding a permanent home, whether
   48  achieved by reunifying the child with his or her parents or
   49  finding another permanent connection, such as adoption or legal
   50  guardianship with a relative or nonrelative who has a
   51  significant relationship with the child.
   52         (b) The Legislature finds that while legal permanency is
   53  important to a child in out-of-home care, emotional permanency
   54  helps increase the likelihood that children will achieve
   55  stability and well-being and successfully transition to
   56  independent adulthood.
   57         (c) The Legislature also finds that research repeatedly
   58  shows placing a child within their own family reduces the trauma
   59  of being removed from their home, is less likely to result in
   60  placement disruptions, and enhances prospects for finding a
   61  permanent family if the child cannot return home.
   62         (d) The Legislature further finds that the primary purpose
   63  of family finding is to facilitate, through finding and engaging
   64  relatives, legal and emotional permanency for children who are
   65  in out-of-home care.
   66         (e) It is the intent of the Legislature that every child in
   67  out-of-home care be afforded the advantages that can be gained
   68  from the use of family finding to locate long-term, caring,
   69  permanent connections and relationships for children and youth
   70  in out-of-home care, as well as to establish a long-term
   71  emotional support network with family members and other adults
   72  who may not be able to take the child into their home but who
   73  want to stay connected with the child.
   74         (2) DEFINITIONS.—As used in this section, the term:
   75         (a) “Diligent efforts” means the use of methods and
   76  techniques including, but not limited to, interviews with
   77  immediate and extended family and kin, genograms, eco-mapping,
   78  case mining, cold calls, and specialized computer searches.
   79         (b) “Family finding” means an intensive relative search and
   80  engagement technique to identify family and other close adults
   81  for children in out-of-home care, and to involve them in
   82  developing and carrying out a plan for the emotional and legal
   83  permanency of a child.
   84         (c) “Family group decisionmaking” means a generic term that
   85  includes a number of approaches in which family members and
   86  fictive kin are brought together to make decisions about how to
   87  care for their children and develop a plan for services.
   88  Different names used for this type of intervention include
   89  family team conferencing, family team meetings, family group
   90  conferencing, family team decisionmaking, family unity meetings,
   91  and team decisionmaking. Approaches differ in various aspects,
   92  but most consist of several phases and employ a trained
   93  facilitator or coordinator.
   94         (d) “Fictive kin” means an individual who is unrelated to
   95  the child by either birth or marriage, but has such a close
   96  emotional relationship with the child that he or she may be
   97  considered part of the family.
   98         (3) FAMILY FINDING PROGRAM.—The department, in
   99  collaboration with sheriffs’ offices that conduct child
  100  protective investigations and community-based care lead
  101  agencies, shall develop a formal family finding program to be
  102  implemented statewide by child protective investigators and
  103  community-based care lead agencies.
  104         (a) No later than January 1, 2019, family finding is
  105  required as soon as a child comes to the attention of the
  106  department and throughout the duration of the case. It is best
  107  practice to find and engage with as many family members and
  108  fictive kin as possible for each child. These individuals may
  109  help with care or support for the child. The department or
  110  community-based care lead agency must specifically document
  111  strategies taken to locate and engage relatives and kin.
  112  Strategies of engagement may include, but are not limited to,
  113  asking the relatives and kin to:
  114         1. Participate in a family group decisionmaking conference,
  115  family team conferencing, or other family meetings aimed at
  116  developing or supporting the family service plan;
  117         2. Attend visitations with the child;
  118         3. Assist in transportation of the child;
  119         4. Provide respite or child care services; or
  120         5. Provide actual kinship care.
  121         (b) The department and the community-based care lead
  122  agencies must use diligent efforts in family finding, must
  123  continue those efforts until multiple relatives and kin are
  124  identified, and must go beyond basic searching tools by
  125  exploring alternative tools and methodologies. Efforts by the
  126  department and the community-based care lead agency may include,
  127  but are not limited to:
  128         1. Searching for and locating adult relatives and kin.
  129         2. Identifying and building positive connections between
  130  the child and the child’s relatives and fictive kin.
  131         3. Supporting the engagement of relatives and fictive kin
  132  in social service planning and delivery of services and creating
  133  a network of extended family support to assist in remedying the
  134  concerns that led to the child becoming involved with the child
  135  welfare system, when appropriate.
  136         4. Maintaining family connections, when possible.
  137         5. Keeping siblings together in care, when in the best
  138  interests of the children and when possible.
  139         (c) It is insufficient to complete only a basic computer
  140  search using the Internet or attempt to contact known relatives
  141  at a last known address or telephone number.
  142         (d) The court’s inquiry and determination regarding family
  143  finding should be made at each stage of the case, including the
  144  shelter care hearing pursuant to s. 39.402. The court is to
  145  place its determinations on the record as to whether the
  146  department or community-based care lead agency has reasonably
  147  engaged in family finding. The level of reasonableness is to be
  148  determined by the length of the case and time the department or
  149  community-based care lead agency has had to begin or continue
  150  the process.
  151         (4) RULEMAKING.—The department shall adopt rules to
  152  implement this section.
  153         Section 2. Effective January 1, 2019, section 39.5085,
  154  Florida Statutes, is amended to read:
  155         39.5085 Kinship Care Relative Caregiver Program.—
  156         (1) LEGISLATIVE FINDINGS AND INTENT.—
  157         (a) The Legislature finds that an increasing number of
  158  relatives and fictive kin are assuming the responsibility of
  159  raising children because the parents of these children are
  160  unable to care for them.
  161         (b) The Legislature also finds that these kinship
  162  caregivers perform a vital function by providing homes for
  163  children who would otherwise be at risk of foster care placement
  164  and that kinship care is a crucial option in the spectrum of
  165  out-of-home care available to children in need.
  166         (c) The Legislature finds that children living with kinship
  167  caregivers experience increased placement stability, are less
  168  likely to reenter care if reunified with their parents, and have
  169  better behavioral and mental health outcomes.
  170         (d) The Legislature further finds that these kinship
  171  caregivers may face a number of difficulties and need assistance
  172  to support the health and well-being of the children they care
  173  for. These needs include, but are not limited to, financial
  174  assistance, legal assistance, respite care, child care, and
  175  counseling.
  176         (e) It is the intent of the Legislature to provide for the
  177  establishment and implementation of procedures and protocols
  178  that are likely to increase and adequately support appropriate
  179  and safe kinship care placements.
  180         (2) DEFINITIONS.—As used this section, the term:
  181         (a) “Fictive kin” means an individual who is unrelated to
  182  the child by either birth or marriage, but has such a close
  183  emotional relationship with the child that he or she may be
  184  considered part of the family.
  185         (b) “Kinship care” means the full-time care of a child
  186  placed in out-of-home care by the court in the home of a
  187  relative or fictive kin.
  188         (c) “Kinship navigator” means a statewide program designed
  189  to ensure that kinship caregivers are provided with necessary
  190  resources for the preservation of the family.
  191         (d) “Relative” means an individual who is caring full time
  192  for a child placed in out-of-home care by the court and who:
  193         1. Is related to the child within the fifth degree by blood
  194  or marriage to the parent or stepparent of the child; or
  195         2. Is related to a half-sibling of that child within the
  196  fifth degree by blood or marriage to the parent or stepparent.
  197         (3) FINANCIAL ASSISTANCE.—The department shall provide
  198  financial assistance to all caregivers who qualify under this
  199  subsection.
  200         (a) Relatives or fictive kin caring for a child who has
  201  been placed with them by the court shall receive a monthly
  202  caregiver benefit, beginning when the child is placed in the
  203  out-of-home care. The amount of the benefit payment is based on
  204  the child’s age within a payment schedule established by rule of
  205  the department. The cost of providing the assistance described
  206  in this section to any caregiver may not exceed the cost of
  207  providing out-of-home care in emergency shelter or foster care.
  208         (b) Caregivers who receive assistance under this section
  209  must be capable, as determined by a home study, of providing a
  210  physically safe environment and a stable, supportive home for
  211  the children under their care and must assure that the
  212  children’s well-being is met, including, but not limited to, the
  213  provision of immunizations, education, and mental health
  214  services as needed.
  215         (c) Caregivers who qualify for and receive assistance under
  216  this section are not required to meet foster care licensing
  217  requirements under s. 409.175.
  218         (d) Children receiving cash benefits under this section are
  219  not eligible to simultaneously receive WAGES cash benefits under
  220  chapter 414.
  221         (e) A caregiver may not receive a benefit payment if the
  222  parent or stepparent of the child resides in the home. However,
  223  a caregiver may receive the benefit payment for a minor parent
  224  who is in his or her care, as well as for the minor parent’s
  225  child, if both children have been adjudicated dependent and meet
  226  all other eligibility requirements. If the caregiver is
  227  currently receiving the payment, the payment must be terminated
  228  no later than the first of the following month after the parent
  229  or stepparent moves into the home, allowing for 10-day notice of
  230  adverse action.
  231         (f) Children living with caregivers who are receiving
  232  assistance under this section are eligible for Medicaid
  233  coverage.
  234         (4) ADDITIONAL ASSISTANCE AND SERVICES.—
  235         (a) The purpose of a kinship navigator program is to help
  236  relative caregivers and fictive kin in the child welfare system
  237  to navigate the broad range of services available to them and
  238  the children from public and private, community and faith-based
  239  organizations.
  240         (b) By no later than January 1, 2019, each community-based
  241  care lead agency shall establish a kinship navigator program. In
  242  order to meet the requirements of a kinship navigator program,
  243  the program must:
  244         1. Be coordinated with other state or local agencies that
  245  promote service coordination or provide information and referral
  246  services, including the entities that provide Florida 211
  247  Network information where available, to avoid duplication or
  248  fragmentation of services to kinship care families;
  249         2. Be planned and operated in consultation with kinship
  250  caregivers and organizations representing them, youth raised by
  251  kinship caregivers, relevant governmental agencies, and relevant
  252  community-based or faith-based organizations;
  253         3.Establish a toll-free telephone hotline to provide
  254  information to link kinship caregivers, kinship support group
  255  facilitators, and kinship service providers to:
  256         a.One another;
  257         b.Eligibility and enrollment information for federal,
  258  state, and local benefits;
  259         c.Relevant training to assist kinship caregivers in
  260  caregiving and in obtaining benefits and services; and
  261         d.Relevant knowledge related to legal options available
  262  for child custody, other legal assistance, and help in obtaining
  263  legal services.
  264         4.Provide outreach to kinship care families, including by
  265  establishing, distributing, and updating a kinship care website,
  266  or other relevant guides or outreach materials; and
  267         5.Promote partnerships between public and private
  268  agencies, including schools, community-based or faith-based
  269  organizations, and relevant governmental agencies, to increase
  270  their knowledge of the needs of kinship care families to promote
  271  better services for those families.
  272         (5) RULEMAKING.—The department shall adopt rules to
  273  implement this section.
  274         (1) It is the intent of the Legislature in enacting this
  275  section to:
  276         (a) Provide for the establishment of procedures and
  277  protocols that serve to advance the continued safety of children
  278  by acknowledging the valued resource uniquely available through
  279  grandparents, relatives of children, and specified nonrelatives
  280  of children pursuant to subparagraph (2)(a)3.
  281         (b) Recognize family relationships in which a grandparent
  282  or other relative is the head of a household that includes a
  283  child otherwise at risk of foster care placement.
  284         (c) Enhance family preservation and stability by
  285  recognizing that most children in such placements with
  286  grandparents and other relatives do not need intensive
  287  supervision of the placement by the courts or by the department.
  288         (d) Recognize that permanency in the best interests of the
  289  child can be achieved through a variety of permanency options,
  290  including permanent guardianship under s. 39.6221 if the
  291  guardian is a relative, by permanent placement with a fit and
  292  willing relative under s. 39.6231, by a relative, guardianship
  293  under chapter 744, or adoption, by providing additional
  294  placement options and incentives that will achieve permanency
  295  and stability for many children who are otherwise at risk of
  296  foster care placement because of abuse, abandonment, or neglect,
  297  but who may successfully be able to be placed by the dependency
  298  court in the care of such relatives.
  299         (e) Reserve the limited casework and supervisory resources
  300  of the courts and the department for those cases in which
  301  children do not have the option for safe, stable care within the
  302  family.
  303         (f) Recognize that a child may have a close relationship
  304  with a person who is not a blood relative or a relative by
  305  marriage and that such person should be eligible for financial
  306  assistance under this section if he or she is able and willing
  307  to care for the child and provide a safe, stable home
  308  environment.
  309         (2)(a) The Department of Children and Families shall
  310  establish, operate, and implement the Relative Caregiver Program
  311  by rule of the department. The Relative Caregiver Program shall,
  312  within the limits of available funding, provide financial
  313  assistance to:
  314         1. Relatives who are within the fifth degree by blood or
  315  marriage to the parent or stepparent of a child and who are
  316  caring full-time for that dependent child in the role of
  317  substitute parent as a result of a court’s determination of
  318  child abuse, neglect, or abandonment and subsequent placement
  319  with the relative under this chapter.
  320         2. Relatives who are within the fifth degree by blood or
  321  marriage to the parent or stepparent of a child and who are
  322  caring full-time for that dependent child, and a dependent half
  323  brother or half-sister of that dependent child, in the role of
  324  substitute parent as a result of a court’s determination of
  325  child abuse, neglect, or abandonment and subsequent placement
  326  with the relative under this chapter.
  327         3. Nonrelatives who are willing to assume custody and care
  328  of a dependent child in the role of substitute parent as a
  329  result of a court’s determination of child abuse, neglect, or
  330  abandonment and subsequent placement with the nonrelative
  331  caregiver under this chapter. The court must find that a
  332  proposed placement under this subparagraph is in the best
  333  interest of the child.
  334         4. A relative or nonrelative caregiver, but the relative or
  335  nonrelative caregiver may not receive a Relative Caregiver
  336  Program payment if the parent or stepparent of the child resides
  337  in the home. However, a relative or nonrelative may receive the
  338  Relative Caregiver Program payment for a minor parent who is in
  339  his or her care, as well as for the minor parent’s child, if
  340  both children have been adjudicated dependent and meet all other
  341  eligibility requirements. If the caregiver is currently
  342  receiving the payment, the Relative Caregiver Program payment
  343  must be terminated no later than the first of the following
  344  month after the parent or stepparent moves into the home,
  345  allowing for 10-day notice of adverse action.
  346  
  347  The placement may be court-ordered temporary legal custody to
  348  the relative or nonrelative under protective supervision of the
  349  department pursuant to s. 39.521(1)(c)3., or court-ordered
  350  placement in the home of a relative or nonrelative as a
  351  permanency option under s. 39.6221 or s. 39.6231 or under former
  352  s. 39.622 if the placement was made before July 1, 2006. The
  353  Relative Caregiver Program shall offer financial assistance to
  354  caregivers who would be unable to serve in that capacity without
  355  the caregiver payment because of financial burden, thus exposing
  356  the child to the trauma of placement in a shelter or in foster
  357  care.
  358         (b) Caregivers who receive assistance under this section
  359  must be capable, as determined by a home study, of providing a
  360  physically safe environment and a stable, supportive home for
  361  the children under their care and must assure that the
  362  children’s well-being is met, including, but not limited to, the
  363  provision of immunizations, education, and mental health
  364  services as needed.
  365         (c) Relatives or nonrelatives who qualify for and
  366  participate in the Relative Caregiver Program are not required
  367  to meet foster care licensing requirements under s. 409.175.
  368         (d) Relatives or nonrelatives who are caring for children
  369  placed with them by the court pursuant to this chapter shall
  370  receive a special monthly caregiver benefit established by rule
  371  of the department. The amount of the special benefit payment
  372  shall be based on the child’s age within a payment schedule
  373  established by rule of the department and subject to
  374  availability of funding. The statewide average monthly rate for
  375  children judicially placed with relatives or nonrelatives who
  376  are not licensed as foster homes may not exceed 82 percent of
  377  the statewide average foster care rate, and the cost of
  378  providing the assistance described in this section to any
  379  caregiver may not exceed the cost of providing out-of-home care
  380  in emergency shelter or foster care.
  381         (e) Children receiving cash benefits under this section are
  382  not eligible to simultaneously receive WAGES cash benefits under
  383  chapter 414.
  384         (f) Within available funding, the Relative Caregiver
  385  Program shall provide caregivers with family support and
  386  preservation services, flexible funds in accordance with s.
  387  409.165, school readiness, and other available services in order
  388  to support the child’s safety, growth, and healthy development.
  389  Children living with caregivers who are receiving assistance
  390  under this section shall be eligible for Medicaid coverage.
  391         (g) The department may use appropriate available state,
  392  federal, and private funds to operate the Relative Caregiver
  393  Program. The department may develop liaison functions to be
  394  available to relatives or nonrelatives who care for children
  395  pursuant to this chapter to ensure placement stability in
  396  extended family settings.
  397         Section 3. Section 39.604, Florida Statutes, is amended to
  398  read:
  399         39.604 Rilya Wilson Act; short title; legislative intent;
  400  requirements; attendance and reporting responsibilities.—
  401         (1) SHORT TITLE.—This section may be cited as the “Rilya
  402  Wilson Act.”
  403         (2) LEGISLATIVE INTENT.—
  404         (a) The Legislature recognizes that children from birth to
  405  the age of school entry who are in out-of-home the care of the
  406  state due to abuse, neglect, or abandonment are at increased
  407  risk for delayed social-emotional development and challenging
  408  behaviors of poor school performance and other behavioral and
  409  social problems.
  410         (b) The Legislature also finds that the needs of each of
  411  these children are unique and while some children may be best
  412  served by a quality child care program, others may need more
  413  attention and nurturing that can be best provided by a stay-at
  414  home foster parent or relative or nonrelative caregiver.
  415         (c) It is the intent of the Legislature that children who
  416  are currently in out-of-home the care of the state be provided
  417  with an age-appropriate developmental child care arrangement
  418  that is in the best interest of the child education program to
  419  help ameliorate the negative consequences of abuse, neglect, or
  420  abandonment.
  421         (3) REQUIREMENTS.—
  422         (a) A child from birth to the age of school entry, under
  423  court-ordered protective supervision or in out-of-home care the
  424  custody of the Family Safety Program Office of the Department of
  425  Children and Families or a community-based lead agency, who is
  426  and enrolled in a licensed early education or child care program
  427  must attend the program 5 days a week unless the court grants an
  428  exception and one of the following applies:
  429         1. A child who is age 0-3 years with a stay-at-home
  430  caregiver shall have the option of remaining at home if it is
  431  determined to be in the best interest of the child.
  432         2. A child who is age 0-3 years with a caregiver who works
  433  part time shall have the option of attending a licensed early
  434  education or child care program fewer than 5 days a week if it
  435  is determined to be in the best interest of the child.
  436         (b) Notwithstanding s. 39.202, the department of Children
  437  and Families must notify operators of a the licensed early
  438  education or child care program, subject to the reporting
  439  requirements of this act, of the enrollment of any child from
  440  birth to the age of school entry, under court-ordered protective
  441  supervision or in out-of-home care the custody of the Family
  442  Safety Program Office of the Department of Children and Families
  443  or a community-based lead agency. When a child is enrolled in a
  444  licensed an early education or child care program regulated by
  445  the department, the child’s attendance in the program must be a
  446  required task action in the safety plan or the case plan
  447  developed for the child pursuant to this chapter. An exemption
  448  to participating in the licensed early education or child care
  449  program 5 days a week may be granted by the court.
  450         (4) ATTENDANCE AND REPORTING REQUIREMENTS.—
  451         (a) A child enrolled in a licensed early education or child
  452  care program who meets the requirements of subsection (3) may
  453  not be withdrawn from the program without the prior written
  454  approval of the department Family Safety Program Office of the
  455  Department of Children and Families or the community-based care
  456  lead agency.
  457         (b)1. If a child covered by this section is absent from the
  458  program on a day when he or she is supposed to be present, the
  459  person with whom the child resides must report the absence to
  460  the program by the end of the business day. If the person with
  461  whom the child resides, whether the parent or caregiver, fails
  462  to timely report the absence, the absence is considered to be
  463  unexcused. The program shall report any unexcused absence or
  464  seven consecutive excused absences of a child who is enrolled in
  465  the program and covered by this act to the local designated
  466  staff of the Family Safety Program Office of the department of
  467  Children and Families or the community-based care lead agency by
  468  the end of the business day following the unexcused absence or
  469  seventh consecutive excused absence.
  470         2. The department or community-based care lead agency shall
  471  conduct a site visit to the residence of the child upon
  472  receiving a report of two consecutive unexcused absences or
  473  seven consecutive excused absences.
  474         3. If the site visit results in a determination that the
  475  child is missing, the department or community-based care lead
  476  agency shall follow the procedure set forth in s. 39.0141 report
  477  the child as missing to a law enforcement agency and proceed
  478  with the necessary actions to locate the child pursuant to
  479  procedures for locating missing children.
  480         4. If the site visit results in a determination that the
  481  child is not missing, the parent or caregiver shall be notified
  482  that failure to ensure that the child attends the licensed early
  483  education or child care program is a violation of the safety
  484  plan or the case plan. If more than two site visits are
  485  conducted pursuant to this subsection, staff shall initiate
  486  action to notify the court of the parent or caregiver’s
  487  noncompliance with the case plan.
  488         Section 4. Effective January 1, 2019, paragraph (b) of
  489  subsection (1) of section 414.045, Florida Statutes, is amended
  490  to read:
  491         414.045 Cash assistance program.—Cash assistance families
  492  include any families receiving cash assistance payments from the
  493  state program for temporary assistance for needy families as
  494  defined in federal law, whether such funds are from federal
  495  funds, state funds, or commingled federal and state funds. Cash
  496  assistance families may also include families receiving cash
  497  assistance through a program defined as a separate state
  498  program.
  499         (1) For reporting purposes, families receiving cash
  500  assistance shall be grouped into the following categories. The
  501  department may develop additional groupings in order to comply
  502  with federal reporting requirements, to comply with the data
  503  reporting needs of the board of directors of CareerSource
  504  Florida, Inc., or to better inform the public of program
  505  progress.
  506         (b) Child-only cases.—Child-only cases include cases that
  507  do not have an adult or teen head of household as defined in
  508  federal law. Such cases include:
  509         1. Children in the care of caretaker relatives, if the
  510  caretaker relatives choose to have their needs excluded in the
  511  calculation of the amount of cash assistance.
  512         2. Families in the Kinship Care Relative Caregiver Program
  513  as provided in s. 39.5085.
  514         3. Families in which the only parent in a single-parent
  515  family or both parents in a two-parent family receive
  516  supplemental security income (SSI) benefits under Title XVI of
  517  the Social Security Act, as amended. To the extent permitted by
  518  federal law, individuals receiving SSI shall be excluded as
  519  household members in determining the amount of cash assistance,
  520  and such cases shall not be considered families containing an
  521  adult. Parents or caretaker relatives who are excluded from the
  522  cash assistance group due to receipt of SSI may choose to
  523  participate in work activities. An individual whose ability to
  524  participate in work activities is limited who volunteers to
  525  participate in work activities shall be assigned to work
  526  activities consistent with such limitations. An individual who
  527  volunteers to participate in a work activity may receive child
  528  care or support services consistent with such participation.
  529         4. Families in which the only parent in a single-parent
  530  family or both parents in a two-parent family are not eligible
  531  for cash assistance due to immigration status or other
  532  limitation of federal law. To the extent required by federal
  533  law, such cases shall not be considered families containing an
  534  adult.
  535         5. To the extent permitted by federal law and subject to
  536  appropriations, special needs children who have been adopted
  537  pursuant to s. 409.166 and whose adopting family qualifies as a
  538  needy family under the state program for temporary assistance
  539  for needy families. Notwithstanding any provision to the
  540  contrary in s. 414.075, s. 414.085, or s. 414.095, a family
  541  shall be considered a needy family if:
  542         a. The family is determined by the department to have an
  543  income below 200 percent of the federal poverty level;
  544         b. The family meets the requirements of s. 414.095(2) and
  545  (3) related to residence, citizenship, or eligible noncitizen
  546  status; and
  547         c. The family provides any information that may be
  548  necessary to meet federal reporting requirements specified under
  549  Part A of Title IV of the Social Security Act.
  550  
  551  Families described in subparagraph 1., subparagraph 2., or
  552  subparagraph 3. may receive child care assistance or other
  553  supports or services so that the children may continue to be
  554  cared for in their own homes or in the homes of relatives. Such
  555  assistance or services may be funded from the temporary
  556  assistance for needy families block grant to the extent
  557  permitted under federal law and to the extent funds have been
  558  provided in the General Appropriations Act.
  559         Section 5. Except as otherwise expressly provided in this
  560  act, this act shall take effect July 1, 2018.