Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 1388
Barcode 714306
CHAMBER ACTION
Senate House
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04/30/2007 11:57 AM .
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11 Senator Storms moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 14, between lines 22 and 23,
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16 insert:
17 Section 5. Section 409.166, Florida Statutes, is
18 amended to read:
19 409.166 Children within the child welfare system
20 Special needs children; subsidized adoption assistance
21 program.--
22 (1) LEGISLATIVE INTENT.--It is the intent of the
23 Legislature to protect and promote each every child's right to
24 the security and stability of a permanent family home. The
25 Legislature intends to make adoption assistance, including
26 financial aid, available to prospective adoptive parents to
27 financial aid which will enable them to adopt a child in the
28 state's foster care system who, because of his or her special
29 needs, has proven difficult to place in an adoptive home. In
30 providing subsidies for children with special needs in foster
31 homes, it is the intent of the Legislature to reduce state
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 1388
Barcode 714306
1 expenditures for long-term foster care. It is also the intent
2 of the Legislature that placement without subsidy be the
3 placement of choice unless it can be shown that such placement
4 is not in the best interest of the child.
5 (2) DEFINITIONS.--As used in this section, the term:
6 (a) "Special needs child" means:
7 1. A child whose permanent custody has been awarded to
8 the department or to a licensed child-placing agency; and
9 2.1. A child who has established significant emotional
10 ties with his or her foster parents; or
11 2. is not likely to be adopted because he or she is:
12 a. Eight years of age or older;
13 b. Developmentally disabled Mentally retarded;
14 c. Physically or emotionally handicapped;
15 d. Of black or racially mixed parentage; or
16 e. A member of a sibling group of any age, provided
17 two or more members of a sibling group remain together for
18 purposes of adoption; and
19 3. Except when the child is being adopted by the
20 child's foster parents or relative caregivers, a child for
21 whom a reasonable but unsuccessful effort has been made to
22 place the child without providing a maintenance subsidy.
23 (b) "Adoption assistance" means financial assistance
24 and services provided to a child and his or her adoptive
25 family. Such assistance may include a maintenance subsidy,
26 medical assistance, Medicaid assistance, and reimbursement of
27 nonrecurring expenses associated with the legal adoption. The
28 term also includes a tuition exemption at a postsecondary
29 career program, community college, or state university, and a
30 state employee adoption benefit under s. 110.152.
31 (c) "Child within the child welfare system" or "child"
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 1388
Barcode 714306
1 means a special needs child and any other child who was
2 removed from the child's caregiver due to abuse or neglect and
3 whose permanent custody has been awarded to the department or
4 to a licensed child-placing agency.
5 (d)(b) "Department" means the Department of Children
6 and Family Services.
7 (e) "Licensed child-placing agency" has the same
8 meaning as in s. 39.01.
9 (f)(c) "Maintenance subsidy" means a monthly payment
10 as provided in subsection (4) special services or money
11 payments.
12 (3) ADMINISTRATION OF PROGRAM.--
13 (a) The department shall establish and administer an
14 adoption program for special needs children to be carried out
15 by the department or by contract with a licensed child-placing
16 agency. The program shall attempt to increase the number of
17 persons seeking to adopt special needs children and the number
18 of finalized adoptions adoption placements and shall extend
19 adoption assistance subsidies and services, when needed, to
20 the adoptive adopting parents of a special needs child.
21 (b) The department shall collect and maintain the
22 necessary data and records to evaluate the effectiveness of
23 the program in encouraging and promoting the adoption of
24 children.
25 (4) ADOPTION ASSISTANCE.--
26 (a)(b) A maintenance subsidy shall Authorization for
27 subsidized adoption placement is to be granted only when all
28 other resources available to a place the child in question
29 have been thoroughly explored and when it can be clearly
30 established that this is the most acceptable plan for
31 providing permanent placement for the child. The maintenance
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 1388
Barcode 714306
1 Adoption subsidy may will not be used as a substitute for
2 adoptive parent recruitment or as an inducement to adopt a
3 child who might be placed without providing a subsidy through
4 nonsubsidized means. However, it shall be the policy of the
5 department that no child be denied adoption if providing a
6 maintenance when subsidy would make adoption possible. The
7 best interest of the child shall be the deciding factor in
8 every case. This section does not Nothing contained herein
9 shall prohibit foster parents from applying to adopt a special
10 needs child placed in their care. Foster parents or relative
11 caregivers must be asked if they would adopt without a
12 maintenance subsidy.
13 (c) The department shall keep the necessary records to
14 evaluate the effectiveness of the program in encouraging and
15 promoting the adoption of special needs children.
16 (4) ELIGIBILITY FOR SERVICES.--
17 (b)(a) The department shall provide adoption
18 assistance may pay either one or both of the following
19 subsidies to the adoptive adopting parents, subject to
20 specific appropriation,:
21 1. in the amount of $5,000 annually, paid on a monthly
22 basis, for the support and maintenance of a special needs
23 child until the 18th birthday of such child or, a monthly
24 payment in an amount other than $5,000 annually as determined
25 by through agreement between the adoptive parents and the
26 department and memorialized in a written agreement between the
27 adoptive parents and the department. The agreement shall take
28 into consideration the circumstances of the adoptive adopting
29 parents and the needs of the child being adopted., and The
30 amount of subsidy may be adjusted readjusted periodically
31 based upon changes in the needs of the child or circumstances
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Florida Senate - 2007 SENATOR AMENDMENT
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1 of the adoptive parents. Changes shall not be made without the
2 concurrence of the adoptive parents those circumstances.
3 However, in no case shall the amount of the adoption subsidy
4 monthly payment exceed the foster care maintenance payment
5 that which would have been paid during the same period if the
6 child had been in a foster family home. Such payment shall be
7 negotiated yearly between the parents and the department.
8 (c)2. The department may provide adoption assistance
9 to the adoptive parents, subject to specific appropriation,
10 for medical assistance initiated after the adoption of the
11 child for medical, surgical, hospital, and related services
12 needed as a result of a physical or mental condition of the
13 child which existed before the adoption and is not covered by
14 Medicaid, Children's Medical Services, or Children's Mental
15 Health Services. Such assistance, a subsidy which may be
16 initiated at any time but shall terminate on or before the
17 child's 18th birthday.
18 (5) ELIGIBILITY FOR SERVICES.--
19 (a)(b) As a condition of providing adoption assistance
20 under this section for continuation of the subsidy, the
21 adoptive parents must enter into an adoption-assistance
22 agreement with the department which specifies the financial
23 assistance and other services to be provided shall file a
24 sworn statement with the department at least once each year to
25 include any social or financial conditions which may have
26 changed.
27 (b)(c) A child who is handicapped at the time of
28 adoption shall be eligible for services through of the
29 Division of Children's Medical Services network established
30 under part I of chapter 391 if the child was eligible for such
31 services prior to the adoption.
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 1388
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1 (6)(5) WAIVER OF ADOPTION FEES.--The adoption fees
2 shall be waived for all adoptive parents who participate in
3 the program who adopt children in the custody of the
4 department. Fees may be waived for families who adopt children
5 in the custody of a licensed child-placing agency agencies or
6 who adopt children through independent adoptions, and who
7 receive or may be eligible for maintenance subsidies through
8 the department. Retroactive reimbursement of fees is may not
9 be required for families who adopt children in the custody of
10 licensed child-placing agencies.
11 (7)(6) REIMBURSEMENT FOR EXPENSES.--The department is
12 authorized to reimburse, retroactive to January 1, 1987, up to
13 $1,000 in nonrecurring expenses related to the adoption of a
14 child which have been incurred by adoptive parents who
15 participate in the program for up to $1,000 in nonrecurring
16 expenses the parents incurred relating to the adoption. For
17 purposes of this subsection, "nonrecurring expenses" means
18 one-time expenses, such as attorney's fees, court costs, birth
19 certificate fees, travel expenses, agency fees, and physical
20 examination fees.
21 (8)(7) RULES.--The department shall adopt promulgate
22 all necessary rules to administer implement the provisions of
23 this section.
24 Section 6. The sum of $2,991,305 in recurring funds
25 from the General Revenue Fund, $2,335,445 in recurring funds
26 from the Federal Grants Trust Fund, and $346,772 in recurring
27 funds from the Welfare Transition Trust Fund are appropriated
28 to the Department of Children and Family Services for the
29 purpose of providing maintenance subsidies as provided in s.
30 409.166, Florida Statutes.
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 1388
Barcode 714306
1 (Redesignate subsequent sections.)
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4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 On page 1, line 25, after the semicolon,
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8 insert:
9 amending s. 409.166, F.S.; providing an
10 adoption assistance program for children within
11 the child welfare system; revising legislative
12 intent; revising and providing definitions;
13 requiring the Department of Children and Family
14 Services to collect and maintain certain data;
15 providing adoption assistance in the form of
16 maintenance subsidies, subject to specific
17 appropriations; specifying conditions under
18 which such subsidies are granted; providing for
19 reimbursement for certain expenses; requiring
20 the department to adopt rules; providing
21 appropriations;
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