Senate Bill 1838

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    Florida Senate - 2000                                  SB 1838

    By Senator Dawson





    30-61C-00

  1                      A bill to be entitled

  2         An act relating to relative caregiving;

  3         amending s. 39.5085, F.S.; providing

  4         legislative intent; prescribing the date of

  5         entitlement to benefits under the Relative

  6         Caregiver Program; authorizing the Department

  7         of Children and Family Services to transfer

  8         TANF savings to the Title XX Social Services

  9         Block Grant to provide program benefits;

10         exempting children receiving relative caregiver

11         benefits from the Work and Gain Economic

12         Self-sufficiency (WAGES) Act; amending s.

13         239.117, F.S.; exempting certain postsecondary

14         students who are receiving caregiving services

15         from paying registration, matriculation, and

16         laboratory fees; requiring the department to

17         establish a pilot Relative Caregiver Program;

18         requiring a report to the Legislature;

19         providing an effective date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Paragraph (c) of subsection (1) and

24  subsection (2) of section 39.5085, Florida Statutes, are

25  amended to read:

26         39.5085  Relative Caregiver Program.--

27         (1)  It is the intent of the Legislature in enacting

28  this section to:

29         (c)  Recognize that permanency is in the best interest

30  of the child and can be achieved through a variety of

31  permanency options, including long-term relative custody,

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    Florida Senate - 2000                                  SB 1838
    30-61C-00




  1  guardianship, or adoption, and to provide additional placement

  2  options and incentives that will achieve permanency and

  3  stability for many children who are otherwise at risk of

  4  foster care placement because of abuse, abandonment, or

  5  neglect, but who may successfully be able to be placed by the

  6  dependency court in the care of such relatives.

  7         (2)(a)  The Department of Children and Family Services

  8  shall establish and operate the Relative Caregiver Program

  9  pursuant to eligibility guidelines established in this section

10  as further implemented by rule of the department. The Relative

11  Caregiver Program shall, within the limits of available

12  funding, provide financial assistance to relatives who are

13  within the fifth degree by blood or marriage to the parent or

14  stepparent of a child and who are caring full-time for that

15  child in the role of substitute parent as a result of a

16  court's determination of child abuse, neglect, or abandonment

17  and subsequent placement with the relative pursuant to this

18  chapter. Such placement may be either court-ordered temporary

19  legal custody to the relative awarded by a state court of

20  competent jurisdiction pursuant to s. 39.508(9)(a)4., or

21  court-ordered placement in the home of a relative under

22  protective supervision of the department pursuant to s.

23  39.508(9)(a)3.  The Relative Caregiver Program shall offer

24  financial assistance to caregivers who are relatives and who

25  would be unable to serve in that capacity without the relative

26  caregiver payment because of financial burden, thus exposing

27  the child to the trauma of placement in a shelter or in foster

28  care.

29         (b)  Caregivers who are relatives and who receive

30  assistance under this section must be capable, as determined

31  by a home study, of providing a physically safe environment

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    Florida Senate - 2000                                  SB 1838
    30-61C-00




  1  and a stable, supportive home for the children under their

  2  care, and must assure that the children's well-being is met,

  3  including, but not limited to, the provision of immunizations,

  4  education, and mental health services as needed.

  5         (c)  Relatives who qualify for and participate in the

  6  Relative Caregiver Program are not required to meet foster

  7  care licensing requirements under s. 409.175.

  8         (d)  Relatives who are caring for children placed with

  9  them by a the court pursuant to this chapter shall receive a

10  special monthly relative caregiver benefit established by rule

11  of the department.  The amount of the special benefit payment

12  shall be based on the child's age within a payment schedule

13  established by rule of the department and subject to

14  availability of funding. The statewide average monthly rate

15  for children judicially placed with relatives who are not

16  licensed as foster homes may not exceed 82 percent of the

17  statewide average foster care rate, nor may the cost of

18  providing the assistance described in this section to any

19  relative caregiver exceed the cost of providing out-of-home

20  care in emergency shelter or foster care.

21         (e)  Children receiving cash benefits under this

22  section are not eligible to simultaneously receive WAGES cash

23  benefits under chapter 414.

24         (f)  The date of entitlement to benefits under the

25  Relative Caregiver Program is the date of authorization of

26  payment or the 30th day after the submission of a signed and

27  dated application for benefits, whichever occurs first. The

28  child is eligible for retroactive benefits to the date of

29  entitlement if the application is not acted upon by the 30th

30  day after submission of the signed and dated application for

31  benefits.

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    Florida Senate - 2000                                  SB 1838
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  1         (g)(f)  Within available funding, the Relative

  2  Caregiver Program shall provide relative caregivers with

  3  family support and preservation services, flexible funds in

  4  accordance with s. 409.165, subsidized child care, and other

  5  available services in order to support the child's safety,

  6  growth, and healthy development.  Children living with

  7  relative caregivers who are receiving assistance under this

  8  section shall be eligible for Medicaid coverage.

  9         (h)(g)  The department may use appropriate available

10  state, federal, and private funds to operate the Relative

11  Caregiver Program. The department may transfer TANF savings to

12  the Title XX Social Services Block Grant in order to provide

13  benefits under the Relative Caregiver Program. Any child

14  receiving relative-caregiver benefits is not subject to the

15  provisions of the Work and Gain Economic Self-sufficiency

16  (WAGES) Act. The child must be recertified as eligible for

17  benefits under the Relative Caregiver Program once each year

18  by the department.

19         Section 2.  Paragraph (c) of subsection (4) of section

20  239.117, Florida Statutes, is amended to read:

21         239.117  Workforce development postsecondary student

22  fees.--

23         (4)  The following students are exempt from the payment

24  of registration, matriculation, and laboratory fees:

25         (c)  A student for whom the state is paying a foster

26  care board payment pursuant to s. 409.145(3) or pursuant to

27  parts II and III of chapter 39, or is paying a relative

28  caregiver payment under s. 39.5085, for whom the permanency

29  planning goal pursuant to part III of chapter 39 is long-term

30  foster care, custody to a foster parent or legal custodian on

31  a permanent basis, long-term relative placement, custody to a

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    Florida Senate - 2000                                  SB 1838
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  1  relative on a permanent basis, or independent living, or who

  2  is adopted from the Department of Children and Family Services

  3  after May 5, 1997. Such exemption includes fees associated

  4  with enrollment in vocational-preparatory instruction and

  5  completion of the college-level communication and computation

  6  skills testing program. Such exemption shall be available to

  7  any student adopted from the Department of Children and Family

  8  Services after May 5, 1997; however, the exemption shall be

  9  valid for no more than 4 years after the date of graduation

10  from high school.

11         Section 3.  The Department of Children and Family

12  Services shall establish, or contract on a pilot-project basis

13  with a privatized, community-based organization for the

14  operation of the Relative Caregiver Program in one urban

15  district. The contract terms must include the establishment of

16  eligibility, the conduct of home studies, and the processing

17  of payments. The department shall report to the Legislature by

18  January 1, 2001, on the success of the pilot project in

19  reducing delays in the application process and in serving

20  eligible applicants.

21         Section 4.  This act shall take effect July 1, 2000.

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23            *****************************************

24                          SENATE SUMMARY

25    Provides legislative intent relating to the Relative
      Caregiver Program. Prescribes the date of entitlement for
26    program benefits. Authorizes the Department of Children
      and Family Services to transfer TANF savings to the Title
27    XX Social Services Block Grant to provide program
      benefits. Exempts children receiving relative caregiver
28    benefits from the Work and Gain Economic Self-sufficiency
      (WAGES) Act. Exempts certain postsecondary students who
29    are receiving caregiving services from paying
      registration, matriculation, and laboratory fees.
30    Requires the department to establish a pilot Relative
      Caregiver Program. Requires a report to the Legislature.
31

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