CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2233

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Children & Families offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Paragraph (a) of subsection (2) of section

18  39.5085, Florida Statutes, is amended and a new paragraph (f)

19  is added to said section and current paragraphs (f) and (g)

20  are renumbered to read:

21         39.5085  Relative Caregiver Program.--

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

23  this section to:

24         (a)  Recognize family relationships in which a

25  grandparent or other relative is the head of a household that

26  includes a child otherwise at risk of foster care placement.

27         (b)  Enhance family preservation and stability by

28  recognizing that most children in such placements with

29  grandparents and other relatives do not need intensive

30  supervision of the placement by the courts or by the

31  department.

                                  1

    File original & 9 copies    04/17/00
    hcf0003                     02:25 pm         02233-cf  -554947




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2233

    Amendment No. 01 (for drafter's use only)





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

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

 3  permanency options, including long-term relative care,

 4  guardianship, or adoption, and to provide additional placement

 5  options and incentives that will achieve permanency and

 6  stability for many children who are otherwise at risk of

 7  foster care placement because of abuse, abandonment, or

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

 9  dependency court in the care of such relatives.

10         (d)  Reserve the limited casework and supervisory

11  resources of the courts and the department for those cases in

12  which children do not have the option for safe, stable care

13  within the family.

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

15  shall establish and operate the Relative Caregiver Program

16  pursuant to eligibility guidelines established in this section

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

18  Caregiver Program shall, within the limits of available

19  funding, provide financial assistance to relatives who are

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

21  stepparent of a child , and/or to a half brother or half

22  sister of that child, who are caring full-time for that child

23  in the role of substitute parent as a result of a court's

24  determination of child abuse, neglect, or abandonment and

25  subsequent placement with the relative pursuant to this

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

27  legal custody to the relative pursuant to s. 39.508(9)(a)4.,

28  or court-ordered placement in the home of a relative under

29  protective supervision of the department pursuant to s.

30  39.508(9)(a)3.  The Relative Caregiver Program shall offer

31  financial assistance to caregivers who are relatives and who

                                  2

    File original & 9 copies    04/17/00
    hcf0003                     02:25 pm         02233-cf  -554947




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2233

    Amendment No. 01 (for drafter's use only)





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

 2  caregiver payment because of financial burden, thus exposing

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

 4  care.

 5         (b)  Caregivers who are relatives and who receive

 6  assistance under this section must be capable, as determined

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

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

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

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

11  education, and mental health services as needed.

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

13  Relative Caregiver Program are not required to meet foster

14  care licensing requirements under s. 409.175.

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

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

17  special monthly relative caregiver benefit established by rule

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

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

20  established by rule of the department and subject to

21  availability of funding. The statewide average monthly rate

22  for children judicially placed with relatives who are not

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

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

25  providing the assistance described in this section to any

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

27  care in emergency shelter or foster care.

28         (e)  Children receiving cash benefits under this

29  section are not eligible to simultaneously receive WAGES cash

30  benefits under chapter 414.

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

                                  3

    File original & 9 copies    04/17/00
    hcf0003                     02:25 pm         02233-cf  -554947




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2233

    Amendment No. 01 (for drafter's use only)





 1  Relative Caregiver Program is the date of authorization of

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

 3  dated application for benefits, whichever occurs first. Within

 4  available funds the child is eligible for retroactive benefits

 5  to the date of entitlement if the application is not acted

 6  upon by the 30th day after submission of the signed and dated

 7  application for benefits.

 8         (gf)  Within available funding, the Relative Caregiver

 9  Program shall provide relative caregivers with family support

10  and preservation services, flexible funds in accordance with

11  s. 409.165, subsidized child care, and other available

12  services in order to support the child's safety, growth, and

13  healthy development.  Children living with relative caregivers

14  who are receiving assistance under this section shall be

15  eligible for Medicaid coverage.

16         (hg)  The department may use appropriate available

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

18  Caregiver Program.

19         Section 2.  The Department of Children and Family

20  Services shall report to the Legislature by January 1, 2001 on

21  the number of additional children being served and the costs

22  or savings that result from the additional children served.

23         Section 3.  This act shall take effect July 1, 2000.

24

25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, line 3 after the semicolon, through line 20

29  remove from the title of the bill:  all said lines

30

31  and insert in lieu thereof:

                                  4

    File original & 9 copies    04/17/00
    hcf0003                     02:25 pm         02233-cf  -554947




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2233

    Amendment No. 01 (for drafter's use only)





 1         revising legislative intent;revising criteria

 2         for financial assistance under the Relative

 3         Caregiver Program; prescribing the date of

 4         entitlement to benefits under the Relative

 5         Caregiver Program; prescribing the date of

 6         entitlement to benefits under the Relative

 7         Caregiver Program; requiring a report to the

 8         Legislature; providing an effective date.

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

    File original & 9 copies    04/17/00
    hcf0003                     02:25 pm         02233-cf  -554947