Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. SB 434
                                Barcode 651436                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 7/AD/2R         .                                
             01/10/2012 03:32 PM       .                                

       Senator Rich moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 1454 and 1455
    4  insert:
    5         Section 6. Subsection (4) of section 409.166, Florida
    6  Statutes is amended to read:
    7         409.166 Children within the child welfare system; adoption
    8  assistance program.—
    9         (4) ADOPTION ASSISTANCE.—
   10         (a) A maintenance subsidy shall be granted only when all
   11  other resources available to a child have been thoroughly
   12  explored and it can be clearly established that this is the most
   13  acceptable plan for providing permanent placement for the child.
   14  The maintenance subsidy may not be used as a substitute for
   15  adoptive parent recruitment or as an inducement to adopt a child
   16  who might be placed without providing a subsidy. However, it
   17  shall be the policy of the department that no child be denied
   18  adoption if providing a maintenance subsidy would make adoption
   19  possible. The best interest of the child shall be the deciding
   20  factor in every case. This section does not prohibit foster
   21  parents from applying to adopt a child placed in their care.
   22  Foster parents or relative caregivers must be asked if they
   23  would adopt without a maintenance subsidy.
   24         (b) The department shall provide adoption assistance to the
   25  adoptive parents, subject to specific appropriation, in the
   26  amount of $5,000 annually, paid on a monthly basis, for the
   27  support and maintenance of a child until the 18th birthday of
   28  such child or in an amount other than $5,000 annually as
   29  determined by the adoptive parents and the department and
   30  memorialized in a written agreement between the adoptive parents
   31  and the department. The agreement shall take into consideration
   32  the circumstances of the adoptive parents and the needs of the
   33  child being adopted. The amount of subsidy may be adjusted based
   34  upon changes in the needs of the child or circumstances of the
   35  adoptive parents. Changes shall not be made without the
   36  concurrence of the adoptive parents. However, in no case shall
   37  the amount of the monthly payment exceed the foster care
   38  maintenance payment that would have been paid during the same
   39  period if the child had been in a foster family home.
   40         (c) The department may continue to provide adoption
   41  assistance to the adoptive parents on behalf of a young adult
   42  who has reached 18 years of age but is not yet 21 years of age
   43  if the adoptive parents entered into an adoption assistance
   44  agreement after the child reached 16 years of age and if the
   45  young adult is:
   46         1. Completing secondary education or a program leading to
   47  an equivalent credential,
   48         2. Enrolled in institution which provides postsecondary or
   49  vocational education, or
   50         3. Participating in a program or activity designated to
   51  promote, or eliminate barriers to employment; or
   52         4. Employed for at least 80 hours per month; or
   53         5. Unable to participate in these programs or activities
   54  full time due to a physical, intellectual, emotional, or
   55  psychiatric condition that limits participation. Any such
   56  restriction to participation must be supported by information in
   57  the young adult’s case file or school or medical records of a
   58  physical, intellectual, or psychiatric condition that impairs
   59  the young adult’s ability to perform one or more life
   60  activities.
   61         (d) (c) The department may provide adoption assistance to
   62  the adoptive parents, subject to specific appropriation, for
   63  medical assistance initiated after the adoption of the child for
   64  medical, surgical, hospital, and related services needed as a
   65  result of a physical or mental condition of the child which
   66  existed before the adoption and is not covered by Medicaid,
   67  Children’s Medical Services, or Children’s Mental Health
   68  Services. Such assistance may be initiated at any time but shall
   69  terminate on or before the child’s 18th birthday.
   72  ================= T I T L E  A M E N D M E N T ================
   73         And the title is amended as follows:
   74         Delete line 115
   75  and insert:
   76         Children and Family Services; amending s. 409.166,
   77         F.S.; providing for adoption assistance to be paid for
   78         a young adult until the age of 21 if the young adult
   79         meets specified conditions; amending s. 409.903,