Florida Senate - 2022                                    SB 7034
       
       
        
       By the Committee on Children, Families, and Elder Affairs
       
       
       
       
       
       586-02083-22                                          20227034__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.5085,
    3         F.S.; revising payment rates for relative and
    4         nonrelative caregivers under the Relative Caregiver
    5         Program; amending s. 409.145, F.S.; revising and
    6         specifying room and board rates paid by the Department
    7         of Children and Families; providing applicability of
    8         annual cost of living increase and supplemental room
    9         and board payment provisions to certain caregivers;
   10         providing for an additional monthly payment for
   11         certain caregivers; amending s. 1009.25, F.S.;
   12         revising fee waiver eligibility for students who are
   13         or were placed in the custody of a relative or
   14         nonrelative to include certain students; creating a
   15         tuition and fee exemption for students who enter the
   16         custody of the department after a specified age and
   17         who are reunited with their parent or parents before
   18         reaching a specified age and after spending at least
   19         18 months in out-of-home care; requiring the student
   20         to meet certain federal financial aid eligibility
   21         requirements; requiring the entity imposing the
   22         tuition and fees to verify such eligibility; creating
   23         a tuition and fee waiver for students who were the
   24         subject of a dependency hearing, were placed in a
   25         permanent guardianship, and remain in such
   26         guardianship until the student reaches 18 years of age
   27         or, if before reaching 18 years of age, he or she
   28         enrolls in an eligible institution; reenacting s.
   29         393.065(5)(b), F.S., relating to certain waiver
   30         services, to incorporate the amendments made to s.
   31         409.145, F.S., in a reference thereto; reenacting s.
   32         409.1451(2)(b), F.S., relating to the Road-to
   33         Independence Program, to incorporate the amendments
   34         made to s. 409.145, F.S., in references thereto;
   35         providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Present paragraphs (e) through (h) of subsection
   40  (2) of section 39.5085, Florida Statutes, are redesignated as
   41  paragraphs (f) through (i), respectively, a new paragraph (e) is
   42  added to that subsection, and paragraph (d) of that subsection
   43  is amended, to read:
   44         39.5085 Relative Caregiver Program.—
   45         (2)
   46         (d) Relatives or nonrelatives who are caring for children
   47  placed with them by the court pursuant to this chapter shall
   48  receive a special monthly payment as follows:
   49         1.From the date a child who is placed with the relative or
   50  nonrelative is found to be dependent, or from the date a child
   51  who has previously been found to be dependent is placed in out
   52  of-home care with the relative or nonrelative, until 6 months
   53  after such placement, the rate of the monthly payment for
   54  relatives and nonrelatives shall be the same as the rate
   55  established in s. 409.145(3) for licensed family foster homes
   56  regardless of whether licensure as a child-specific level I
   57  foster placement has been obtained.
   58         2.Relatives or nonrelatives who have children placed with
   59  them in out-of-home care and who have obtained licensure as a
   60  child-specific level I foster placement at any time after the
   61  date of the placement, regardless of whether a court has found
   62  that the child is dependent, shall receive the monthly payment
   63  at the rate established in s. 409.145(3) until the child reaches
   64  permanency, as determined by the court under s. 39.621.
   65         3.a.Relatives or nonrelatives shall receive a monthly
   66  payment in an amount determined by department rule, in an amount
   67  that must be less than the monthly payment provided to a
   68  participant enrolled in the Guardianship Assistance Program
   69  under s. 39.6225, if licensure as a child-specific level I
   70  foster placement has not been obtained by 6 months from the date
   71  that the child is:
   72         (I)Found to be dependent and, at the time of the finding,
   73  the child is placed with the relative or nonrelative; or
   74         (II)Placed in out-of-home care in the home of the relative
   75  or nonrelative after the date from which the child has
   76  previously been found to be dependent.
   77         b.The payment under this subparagraph shall continue until
   78  the child reaches permanency as determined by the court under s.
   79  39.621 or until the relative or nonrelative caregiver obtains
   80  licensure as a child-specific level I foster placement and
   81  becomes eligible to receive payments under subparagraph 2.
   82         4. Relatives or nonrelatives who have children placed in
   83  their care by permanent guardianship pursuant to s. 39.6221, in
   84  a permanent placement with a fit and willing relative pursuant
   85  to s. 39.6231, or under former s. 39.622 if the placement was
   86  made before July 1, 2006, who are not enrolled in the
   87  Guardianship Assistance Program pursuant to s. 39.6225, shall
   88  receive a monthly payment in an amount determined by department
   89  rule which must be less than the monthly payment provided to a
   90  participant enrolled in the Guardianship Assistance Program
   91  under s. 39.6225.
   92         (e)Relatives or nonrelatives obtaining monthly payments
   93  under this section may also obtain a special benefit payment
   94  caregiver benefit established by rule of the department. The
   95  amount of the special benefit payment shall be based on the
   96  child’s age within a payment schedule established by rule of the
   97  department and subject to availability of funding. The statewide
   98  average monthly rate for children judicially placed with
   99  relatives or nonrelatives who are not licensed as foster homes
  100  may not exceed 82 percent of the statewide average foster care
  101  rate, and the cost of providing the assistance described in this
  102  section to any caregiver may not exceed the cost of providing
  103  out-of-home care in emergency shelter or foster care.
  104         Section 2. Present subsection (4) of section 409.145,
  105  Florida Statutes, is redesignated as subsection (5), a new
  106  subsection (4) is added to that section, and subsection (3) of
  107  that section is amended, to read:
  108         409.145 Care of children; “reasonable and prudent parent”
  109  standard.—The child welfare system of the department shall
  110  operate as a coordinated community-based system of care which
  111  empowers all caregivers for children in foster care to provide
  112  quality parenting, including approving or disapproving a child’s
  113  participation in activities based on the caregiver’s assessment
  114  using the “reasonable and prudent parent” standard.
  115         (3) FOSTER CARE ROOM AND BOARD RATES.—
  116         (a) Effective July 1, 2022 2018, room and board rates shall
  117  be paid to foster parents, including relative and nonrelative
  118  caregivers who are licensed as a level I child-specific foster
  119  placement, and to relative and nonrelative caregivers who are
  120  participating in the Relative Caregiver Program and receiving
  121  payments pursuant to s. 39.5085(2)(d)1. or 2., as follows:
  122  
  123                Monthly Room and Board Foster Care Rate              
  124       0-5 YearsAge         6-12 YearsAge         13-21 YearsAge    
  125     $517.95 $457.95       $531.22 $469.68       $621.77 $549.74    
  126         (b) Each January, foster parents, including relative and
  127  nonrelative caregivers who are licensed as a level I child
  128  specific foster placement, and to relative and nonrelative
  129  caregivers who are participating in the Relative Caregiver
  130  Program and receiving payments pursuant to s. 39.5085(2)(d)1. or
  131  2., shall receive an annual cost of living increase. The
  132  department shall calculate the new room and board rate increase
  133  equal to the percentage change in the Consumer Price Index for
  134  All Urban Consumers, U.S. City Average, All Items, not
  135  seasonally adjusted, or successor reports, for the preceding
  136  December compared to the prior December as initially reported by
  137  the United States Department of Labor, Bureau of Labor
  138  Statistics. The department shall make available the adjusted
  139  room and board rates annually.
  140         (c) Effective July 1, 2019, foster parents of level I
  141  family foster homes as defined in s. 409.175(5)(a) shall receive
  142  a room and board rate of $333.
  143         (d) Effective July 1, 2019, the foster care room and board
  144  rate for level II family foster homes as defined in s.
  145  409.175(5)(a) shall be the same as the new rate established for
  146  family foster homes as of January 1, 2019.
  147         (e) Effective January 1, 2020, paragraph (b) shall only
  148  apply to level II through level V family foster homes, as
  149  defined in s. 409.175(5)(a).
  150         (f) The amount of the monthly foster care room and board
  151  rate may be increased upon agreement among the department, the
  152  community-based care lead agency, and the foster parent.
  153         (d)(g)Effective July 1, 2019 From July 1, 2018, through
  154  June 30, 2019, community-based care lead agencies providing care
  155  under contract with the department shall pay a supplemental room
  156  and board payment to foster care parents, including relative and
  157  nonrelative caregivers who are licensed as a level I child
  158  specific foster placement, and to relative and nonrelative
  159  caregivers who are participating in the Relative Caregiver
  160  Program and receiving payments pursuant to s. 39.5085(2)(d)1. or
  161  2. of all family foster homes, on a per-child basis, for
  162  providing independent life skills and normalcy supports to
  163  children who are 13 through 17 years of age placed in their
  164  care. The supplemental payment must shall be paid monthly to the
  165  foster care parents in addition to the current monthly room and
  166  board rate payment. The supplemental monthly payment shall be
  167  based on 10 percent of the monthly room and board rate for
  168  children 13 through 21 years of age as provided under this
  169  section and adjusted annually. Effective July 1, 2019, such
  170  supplemental payments shall only be paid to foster parents of
  171  level II through level V family foster homes.
  172         (4) CHILD CARE SUBSIDY.—Any foster parents and relative or
  173  nonrelative caregivers, regardless of whether the relative or
  174  nonrelative caregivers participate in the Relative Caregiver
  175  Program or are licensed as a level I child-specific foster
  176  placement, who have a child placed in out-of-home care in the
  177  home between the age of birth to school entry shall receive a
  178  payment of $200 per month to pay toward the cost of an early
  179  learning or child care program.
  180         Section 3. Paragraphs (c) and (d) of subsection (1) of
  181  section 1009.25, Florida Statutes, are amended to read:
  182         1009.25 Fee exemptions.—
  183         (1) The following students are exempt from the payment of
  184  tuition and fees, including lab fees, at a school district that
  185  provides workforce education programs, Florida College System
  186  institution, or state university:
  187         (c) A student who was the subject of a dependency
  188  proceeding and:
  189         1. Is, or was at the time he or she reached 18 years of
  190  age, in out-of-home care. the custody of the Department of
  191  Children and Families or who,
  192         2.Is, or was at the time he or she reached 18 years of
  193  age, in the custody of a relative or nonrelative pursuant to s.
  194  39.5085 or s. 39.6225.
  195         3. After spending at least 6 months in the custody of the
  196  department after reaching 16 years of age, was placed in a
  197  guardianship by the court.
  198         4.After reaching 14 years of age and thereafter spending
  199  at least 18 months in out-of-home care, was reunited with his or
  200  her parent or parents who were the subject of the dependency
  201  proceeding before he or she reaches 18 years of age, including a
  202  student who is reunited under s. 39.8155. For a student to be
  203  eligible under this subparagraph, the student must be Pell
  204  Grant-eligible, and the entity imposing the tuition and fees
  205  must verify such eligibility.
  206         5.Was adopted from the department after May 5, 1997.
  207         6. Was placed in a permanent guardianship, regardless of
  208  whether the caregiver participates or participated in the
  209  Relative Caregiver Program under s. 39.5085, and remains in such
  210  guardianship until the student either reaches 18 years of age
  211  or, if before reaching 18 years of age, he or she enrolls in an
  212  eligible institution.
  213  
  214  Such exemption includes fees associated with enrollment in
  215  applied academics for adult education instruction. The exemption
  216  remains valid until the student reaches 28 years of age.
  217         (d) A student who is, or was at the time he or she reached
  218  18 years of age, in the custody of a relative or nonrelative
  219  under s. 39.5085 or s. 39.6225 or who was adopted from the
  220  Department of Children and Families after May 5, 1997. Such
  221  exemption includes fees associated with enrollment in applied
  222  academics for adult education instruction. The exemption remains
  223  valid until the student reaches 28 years of age.
  224         Section 4. For the purpose of incorporating the amendments
  225  made by this act to section 409.145, Florida Statutes, in a
  226  reference thereto, paragraph (b) of subsection (5) of section
  227  393.065, Florida Statutes, is reenacted to read:
  228         393.065 Application and eligibility determination.—
  229         (5) The agency shall assign and provide priority to clients
  230  waiting for waiver services in the following order:
  231         (b) Category 2, which includes individuals on the waiting
  232  list who are:
  233         1. From the child welfare system with an open case in the
  234  Department of Children and Families’ statewide automated child
  235  welfare information system and who are either:
  236         a. Transitioning out of the child welfare system at the
  237  finalization of an adoption, a reunification with family
  238  members, a permanent placement with a relative, or a
  239  guardianship with a nonrelative; or
  240         b. At least 18 years but not yet 22 years of age and who
  241  need both waiver services and extended foster care services; or
  242         2. At least 18 years but not yet 22 years of age and who
  243  withdrew consent pursuant to s. 39.6251(5)(c) to remain in the
  244  extended foster care system.
  245  
  246  For individuals who are at least 18 years but not yet 22 years
  247  of age and who are eligible under sub-subparagraph 1.b., the
  248  agency shall provide waiver services, including residential
  249  habilitation, and the community-based care lead agency shall
  250  fund room and board at the rate established in s. 409.145(3) and
  251  provide case management and related services as defined in s.
  252  409.986(3)(e). Individuals may receive both waiver services and
  253  services under s. 39.6251. Services may not duplicate services
  254  available through the Medicaid state plan.
  255  
  256  Within categories 3, 4, 5, 6, and 7, the agency shall maintain a
  257  waiting list of clients placed in the order of the date that the
  258  client is determined eligible for waiver services.
  259         Section 5. For the purpose of incorporating the amendments
  260  made by this act to section 409.145, Florida Statutes, in
  261  references thereto, paragraph (b) of subsection (2) of section
  262  409.1451, Florida Statutes, is reenacted to read:
  263         409.1451 The Road-to-Independence Program.—
  264         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
  265         (b) The amount of the financial assistance shall be as
  266  follows:
  267         1. For a young adult who does not remain in foster care and
  268  is attending a postsecondary school as provided in s. 1009.533,
  269  the amount is $1,256 monthly.
  270         2. For a young adult who remains in foster care, is
  271  attending a postsecondary school, as provided in s. 1009.533,
  272  and continues to reside in a licensed foster home, the amount is
  273  the established room and board rate for foster parents. This
  274  takes the place of the payment provided for in s. 409.145(3).
  275         3. For a young adult who remains in foster care, but
  276  temporarily resides away from a licensed foster home for
  277  purposes of attending a postsecondary school as provided in s.
  278  1009.533, the amount is $1,256 monthly. This takes the place of
  279  the payment provided for in s. 409.145(3).
  280         4. For a young adult who remains in foster care, is
  281  attending a postsecondary school as provided in s. 1009.533, and
  282  continues to reside in a licensed group home, the amount is
  283  negotiated between the community-based care lead agency and the
  284  licensed group home provider.
  285         5. For a young adult who remains in foster care, but
  286  temporarily resides away from a licensed group home for purposes
  287  of attending a postsecondary school as provided in s. 1009.533,
  288  the amount is $1,256 monthly. This takes the place of a
  289  negotiated room and board rate.
  290         6. A young adult is eligible to receive financial
  291  assistance during the months when he or she is enrolled in a
  292  postsecondary educational institution.
  293         Section 6. This act shall take effect July 1, 2022.