Senate Bill sb2876

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    Florida Senate - 2007                                  SB 2876

    By the Committee on Children, Families, and Elder Affairs





    586-1471B-07

  1                      A bill to be entitled

  2         An act relating to special needs children;

  3         amending ss. 110.152 and 409.166, F.S.;

  4         redefining the term "special needs child";

  5         revising provisions relating to the adoption of

  6         children with special needs; revising and

  7         adding definitions; distinguishing between

  8         subsidies and adoption assistance; providing

  9         for an adoption-assistance agreement; providing

10         an effective date.

11  

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

13  

14         Section 1.  Subsection (1) of section 110.152, Florida

15  Statutes, is amended to read:

16         110.152  Adoption benefits for state employees;

17  parental leave.--

18         (1)(a)  Any full-time or part-time employee of the

19  state who is paid from regular salary appropriations and who

20  adopts a special-needs child, as defined in s. 409.166

21  paragraph (b), is eligible to receive a monetary benefit in

22  the amount of $10,000 per child, which is payable in equal

23  monthly installments over a 1-year period. Any employee of the

24  state who adopts a child whose permanent custody has been

25  awarded to the Department of Children and Family Services or

26  to a Florida-licensed child-placing agency, other than a

27  special-needs child as defined in paragraph (b), shall be

28  eligible to receive a monetary benefit in the amount of $5,000

29  per child, which is payable in equal monthly installments over

30  a 1-year period. Benefits paid under this subsection to a

31  part-time employee must be prorated based on the employee's

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    Florida Senate - 2007                                  SB 2876
    586-1471B-07




 1  full-time-equivalency status at the time of applying for the

 2  benefits.

 3         (b)  For purposes of this section, a "special-needs

 4  child" is a child whose permanent custody has been awarded to

 5  the Department of Children and Family Services or to a

 6  Florida-licensed child-placing agency and who is not likely to

 7  be adopted because he or she is:

 8         1.  Eight years of age or older.

 9         2.  A person with a developmental disability.

10         3.  A person with a physical or emotional handicap.

11         4.  Of a minority race or of a racially mixed heritage.

12         5.  A member of a sibling group of any age, provided

13  that two or more members of a sibling group remain together

14  for the purposes of adoption.

15         Section 2.  Section 409.166, Florida Statutes, is

16  amended to read:

17         409.166  Special needs children; subsidized adoption

18  assistance program.--

19         (1)  LEGISLATIVE INTENT.--It is the intent of the

20  Legislature to protect and promote each every child's right to

21  the security and stability of a permanent family home. The

22  Legislature intends to make adoption assistance, including

23  financial aid, available to prospective adoptive parents to

24  financial aid which will enable them to adopt a child in the

25  state's foster care system who, because of his or her special

26  needs, has proven difficult to place in an adoptive home. In

27  providing subsidies for children with special needs in foster

28  homes, it is the intent of the Legislature to reduce state

29  expenditures for long-term foster care. It is also the intent

30  of the Legislature that placement without subsidy be the

31  

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    Florida Senate - 2007                                  SB 2876
    586-1471B-07




 1  placement of choice unless it can be shown that such placement

 2  is not in the best interest of the child.

 3         (2)  DEFINITIONS.--As used in this section, the term:

 4         (a)  "Special needs child" means:

 5         1.  A child whose permanent custody has been awarded to

 6  the department or to a licensed child-placing agency; and

 7         2.1.  A child who has established significant emotional

 8  ties with his or her foster parents; or

 9         2.  is not likely to be adopted because he or she is:

10         a.  Eight years of age or older;

11         b.  Developmentally disabled Mentally retarded;

12         c.  Physically or emotionally handicapped;

13         d.  Of black or racially mixed parentage; or

14         e.  A member of a sibling group of any age, provided

15  two or more members of a sibling group remain together for

16  purposes of adoption; and.

17         3.  Except when the child is being adopted by the

18  child's foster parents or relative caregivers, a reasonable,

19  but unsuccessful effort has been made to place the child

20  without providing a maintenance subsidy.

21         (b)  "Adoption assistance" means financial assistance

22  and services provided to a special needs child and his or her

23  adoptive family. Such assistance may include a maintenance

24  subsidy, medical assistance, Medicaid assistance, and

25  reimbursement of nonrecurring expenses associated with the

26  legal adoption. The term also includes a tuition exemption at

27  a postsecondary career program, community college, or state

28  university, and a state employee adoption benefit under s.

29  110.152.

30         (c)(b)  "Department" means the Department of Children

31  and Family Services.

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    Florida Senate - 2007                                  SB 2876
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 1         (d)  "Licensed child-placing agency" has the same

 2  meaning as in s. 39.01.

 3         (e)(c)  "Maintenance subsidy" means a monthly payment

 4  as provided in subsection (4) special services or money

 5  payments.

 6         (3)  ADMINISTRATION OF PROGRAM.--

 7         (a)  The department shall establish and administer an

 8  adoption program for special needs children to be carried out

 9  by the department or by contract with a licensed child-placing

10  agency. The program shall attempt to increase the number of

11  persons seeking to adopt special needs children and the number

12  of finalized adoptions adoption placements and shall extend

13  adoption assistance subsidies and services, when needed, to

14  the adopting parents of a special needs child.

15         (b)  The department shall collect and maintain the

16  necessary data and records to evaluate the effectiveness of

17  the program in encouraging and promoting the adoption of

18  special needs children.

19         (4)  ADOPTION ASSISTANCE.--

20         (a)  A maintenance subsidy shall:

21         (b)  Authorization for subsidized adoption placement is

22  to be granted only when all other resources available to a

23  place the child in question have been thoroughly explored and

24  when it can be clearly established that this is the most

25  acceptable plan for providing permanent placement for the

26  child. The maintenance Adoption subsidy must will not be used

27  as a substitute for adoptive parent recruitment or as an

28  inducement to adopting adopt a child who might be placed

29  without providing a subsidy through nonsubsidized means.

30  However, it shall be the policy of the department that no

31  child be denied adoption if providing a maintenance when

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    Florida Senate - 2007                                  SB 2876
    586-1471B-07




 1  subsidy would make adoption possible. The best interest of the

 2  child must shall be the deciding factor in every case. This

 3  section does not Nothing contained herein shall prohibit

 4  foster parents from applying to adopt a special needs child

 5  placed in their care. Foster parents or relative caregivers

 6  must be asked if they would adopt without a maintenance

 7  subsidy.

 8         (c)  The department shall keep the necessary records to

 9  evaluate the effectiveness of the program in encouraging and

10  promoting the adoption of special needs children.

11         (4)  ELIGIBILITY FOR SERVICES.--

12         (b)(a)  The department may pay either one or both of

13  the following adoption-assistance subsidies to the adopting

14  parents:

15         1.  A monthly payment for the For support and

16  maintenance of a special needs child until the 18th birthday

17  of such child, a monthly payment in an amount determined

18  through agreement between the adoptive parents and the

19  department.  The agreement shall take into consideration the

20  circumstances of the adopting parents and the needs of the

21  child being adopted., and The amount of the subsidy may be

22  adjusted readjusted periodically based upon changes in the

23  needs of the child or circumstances of the adoptive parents.

24  Changes shall not be made without the concurrence of the

25  adoptive parents. those circumstances. However, in no case

26  shall the amount of the adoption subsidy monthly payment shall

27  not exceed the foster care maintenance payment that which

28  would have been paid during the same period if the child had

29  been in a foster family home. Such payment shall be negotiated

30  yearly between the parents and the department.

31  

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    Florida Senate - 2007                                  SB 2876
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 1         2.  Medical Assistance initiated after the adoption of

 2  the child for medical, surgical, hospital, and related

 3  services needed as a result of a physical or mental condition

 4  of the child which existed before the adoption and not covered

 5  by Medicaid, Children's Medical Services, or Children's Mental

 6  Health Services. Such assistance for medical, surgical,

 7  hospital, and related services needed as a result of a

 8  physical or mental condition of the child which existed before

 9  the adoption, a subsidy which may be initiated at any time but

10  shall terminate on or before the child's 18th birthday.

11         (5)  ELIGIBILITY FOR SERVICES.--

12         (a)(b)  As a condition of providing adoption assistance

13  under this section for continuation of the subsidy, the

14  adoptive parents must enter into an adoption-assistance

15  agreement with the department which specifies the financial

16  assistance and other services to be provided shall file a

17  sworn statement with the department at least once each year to

18  include any social or financial conditions which may have

19  changed.

20         (b)(c)  A child who is handicapped at the time of

21  adoption shall be eligible for services through of the

22  Division of Children's Medical Services network established

23  under part I of chapter 391 if the child was eligible for such

24  services prior to the adoption.

25         (6)(5)  WAIVER OF ADOPTION FEES.--The adoption fees

26  shall be waived for all adoptive parents who participate in

27  the program who adopt special needs children in the custody of

28  the department.  Fees may be waived for families who adopt

29  children in the custody of a licensed child-placing agency

30  agencies or who adopt children through independent adoptions,

31  and who receive or may be eligible for maintenance subsidies

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    Florida Senate - 2007                                  SB 2876
    586-1471B-07




 1  through the department.  Retroactive reimbursement of fees is

 2  may not be required for families who adopt children in the

 3  custody of licensed child-placing agencies.

 4         (7)(6)  REIMBURSEMENT FOR EXPENSES.--The department is

 5  authorized to reimburse, retroactive to January 1, 1987, up to

 6  $1,000 in nonrecurring expenses related to the adoption of a

 7  special needs child which have been incurred by adoptive

 8  parents who participate in the program for up to $1,000 in

 9  nonrecurring expenses the parents incurred relating to the

10  adoption. For purposes of this subsection, "nonrecurring

11  expenses" means one-time expenses, such as attorney's fees,

12  court costs, birth certificate fees, travel expenses, agency

13  fees, and physical examination fees.

14         (8)(7)  RULES.--The department shall adopt promulgate

15  all necessary rules to administer implement the provisions of

16  this section.

17         Section 3.  This act shall take effect upon becoming a

18  law.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Revises provisions relating to the adoption of children
      with special needs to comply with federal requirements.
23    Distinguishes between maintenance subsidies and adoption
      assistance. Provides for an adoption-assistance
24    agreement.

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