Florida Senate - 2022                             CS for SB 7034
       
       
        
       By the Committees on Appropriations; and Children, Families, and
       Elder Affairs
       
       
       
       
       576-03241-22                                          20227034c1
    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)1.Relatives or nonrelatives who have a child placed
   47  with them in out-of-home care and who have obtained licensure as
   48  a child-specific level I foster placement, regardless of whether
   49  a court has found the child to be dependent, shall receive a
   50  monthly payment in accordance with s. 409.145(3) from the date
   51  the child is placed in out-of-home care with his or her
   52  relatives or with nonrelatives until the child achieves
   53  permanency as determined by the court pursuant to s. 39.621.
   54         2.Relatives or nonrelatives who have a child who has been
   55  found to be dependent placed with them in out-of-home care shall
   56  receive a monthly payment at a rate equal to the rate
   57  established in s. 409.145(3) for licensed foster parents,
   58  regardless of whether the relatives or nonrelatives have
   59  obtained a child-specific level I foster license, from the date
   60  the child is found to be dependent or from the date the child is
   61  placed with them in out-of-home care, whichever is later, for a
   62  period of no more than 6 months or until the child achieves
   63  permanency as determined by the court pursuant to s. 39.621,
   64  whichever occurs first.
   65         3.Relatives or nonrelatives who have a child who has been
   66  found to be dependent placed with them in out-of-home care and
   67  who have not obtained a child-specific level I foster license
   68  within 6 months from the date of such placement shall receive a
   69  monthly payment in an amount determined by department rule from
   70  6 months after the date the child is found to be dependent or
   71  from 6 months after the child is placed with them in out-of-home
   72  care, whichever is later, until the relatives or nonrelatives
   73  obtain a child-specific level I foster license or until the
   74  child achieves permanency as determined by the court pursuant to
   75  s. 39.621, whichever occurs first. The monthly payment amount
   76  paid to relatives or nonrelatives pursuant to this subparagraph
   77  must be less than the monthly payment amount provided to a
   78  participant enrolled in the Guardianship Assistance Program
   79  pursuant to s. 39.6225.
   80         4. Relatives or nonrelatives who have a child placed in
   81  their care by permanent guardianship pursuant to s. 39.6221, in
   82  a permanent placement with a fit and willing relative pursuant
   83  to s. 39.6231, or under former s. 39.622 if the placement was
   84  made before July 1, 2006, and who are not enrolled in the
   85  Guardianship Assistance Program pursuant to s. 39.6225 shall
   86  receive a monthly payment in an amount determined by department
   87  rule which must be less than the monthly payment amount provided
   88  to a participant enrolled in the Guardianship Assistance Program
   89  under s. 39.6225 Relatives or nonrelatives who are caring for
   90  children placed with them by the court pursuant to this chapter
   91  shall receive a special monthly caregiver benefit established by
   92  rule of the department.
   93         (e)Relatives or nonrelatives obtaining monthly payments
   94  under this section may also obtain a special benefit payment.
   95  The 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     $517.94 $457.95       $531.21 $469.68       $621.77 $549.74    
  126  
  127  
  128         (b) Each January, foster parents, including relative and
  129  nonrelative caregivers who are licensed as a level I child
  130  specific foster placement and relative and nonrelative
  131  caregivers who are participating in the Relative Caregiver
  132  Program and receiving payments pursuant to s. 39.5085(2)(d)1. or
  133  2., shall receive an annual cost of living increase. The
  134  department shall calculate the new room and board rate increase
  135  equal to the percentage change in the Consumer Price Index for
  136  All Urban Consumers, U.S. City Average, All Items, not
  137  seasonally adjusted, or successor reports, for the preceding
  138  December compared to the prior December as initially reported by
  139  the United States Department of Labor, Bureau of Labor
  140  Statistics. The department shall make available the adjusted
  141  room and board rates annually.
  142         (c) Effective July 1, 2019, foster parents of level I
  143  family foster homes as defined in s. 409.175(5)(a) shall receive
  144  a room and board rate of $333.
  145         (d) Effective July 1, 2019, the foster care room and board
  146  rate for level II family foster homes as defined in s.
  147  409.175(5)(a) shall be the same as the new rate established for
  148  family foster homes as of January 1, 2019.
  149         (e) Effective January 1, 2020, paragraph (b) shall only
  150  apply to level II through level V family foster homes, as
  151  defined in s. 409.175(5)(a).
  152         (f) The amount of the monthly foster care room and board
  153  rate may be increased upon agreement among the department, the
  154  community-based care lead agency, and the foster parent.
  155         (d)(g)Effective July 1, 2022 From July 1, 2018, through
  156  June 30, 2019, community-based care lead agencies providing care
  157  under contract with the department shall pay a supplemental room
  158  and board payment to foster care parents, including relative and
  159  nonrelative caregivers who are licensed as a level I child
  160  specific foster placement and relative and nonrelative
  161  caregivers who are participating in the Relative Caregiver
  162  Program and receiving payments pursuant to s. 39.5085(2)(d)1. or
  163  2. of all family foster homes, on a per-child basis, for
  164  providing independent life skills and normalcy supports to
  165  children who are 13 through 17 years of age placed in their
  166  care. The supplemental payment must shall be paid monthly to the
  167  foster care parents in addition to the current monthly room and
  168  board rate payment. The supplemental monthly payment shall be
  169  based on 10 percent of the monthly room and board rate for
  170  children 13 through 21 years of age as provided under this
  171  section and adjusted annually. Effective July 1, 2019, such
  172  supplemental payments shall only be paid to foster parents of
  173  level II through level V family foster homes.
  174         (4) CHILD CARE SUBSIDY.—Any foster parents and relative or
  175  nonrelative caregivers, regardless of whether the relative or
  176  nonrelative caregivers are licensed as a level I child-specific
  177  foster placement or participate in the Relative Caregiver
  178  Program, who have a child placed in out-of-home care in the home
  179  between the age of birth to school entry shall receive a payment
  180  of $200 per month per child to pay toward the cost of an early
  181  learning or child care program.
  182         Section 3. Paragraphs (c) and (d) of subsection (1) of
  183  section 1009.25, Florida Statutes, are amended to read:
  184         1009.25 Fee exemptions.—
  185         (1) The following students are exempt from the payment of
  186  tuition and fees, including lab fees, at a school district that
  187  provides workforce education programs, Florida College System
  188  institution, or state university:
  189         (c) A student who was the subject of a shelter proceeding,
  190  a dependency proceeding, or a termination of parental rights
  191  proceeding, and:
  192         1. Is, or was at the time he or she reached 18 years of
  193  age, in out-of-home care. the custody of the Department of
  194  Children and Families or who,
  195         2.Is, or was at the time he or she reached 18 years of
  196  age, in the custody of a relative or nonrelative pursuant to s.
  197  39.5085 or s. 39.6225.
  198         3. After spending at least 6 months in the custody of the
  199  department after reaching 16 years of age, was placed in a
  200  guardianship by the court.
  201         4.After reaching 14 years of age and thereafter spending
  202  at least 18 months in out-of-home care, was reunited with his or
  203  her parent or parents who were the subject of the dependency
  204  proceeding before he or she reaches 18 years of age, including a
  205  student who is reunited under s. 39.8155. For a student to be
  206  eligible under this subparagraph, the student must be Pell
  207  Grant-eligible, and the entity imposing the tuition and fees
  208  must verify such eligibility.
  209         5.Was adopted from the department after May 5, 1997.
  210         6. Was placed in a permanent guardianship, regardless of
  211  whether the caregiver participates or participated in the
  212  Relative Caregiver Program under s. 39.5085, and remains in such
  213  guardianship until the student either reaches 18 years of age
  214  or, if before reaching 18 years of age, he or she enrolls in an
  215  eligible institution.
  216  
  217  Such exemption includes fees associated with enrollment in
  218  applied academics for adult education instruction. The exemption
  219  remains valid until the student reaches 28 years of age.
  220         (d) A student who is, or was at the time he or she reached
  221  18 years of age, in the custody of a relative or nonrelative
  222  under s. 39.5085 or s. 39.6225 or who was adopted from the
  223  Department of Children and Families after May 5, 1997. Such
  224  exemption includes fees associated with enrollment in applied
  225  academics for adult education instruction. The exemption remains
  226  valid until the student reaches 28 years of age.
  227         Section 4. For the purpose of incorporating the amendments
  228  made by this act to section 409.145, Florida Statutes, in a
  229  reference thereto, paragraph (b) of subsection (5) of section
  230  393.065, Florida Statutes, is reenacted to read:
  231         393.065 Application and eligibility determination.—
  232         (5) The agency shall assign and provide priority to clients
  233  waiting for waiver services in the following order:
  234         (b) Category 2, which includes individuals on the waiting
  235  list who are:
  236         1. From the child welfare system with an open case in the
  237  Department of Children and Families’ statewide automated child
  238  welfare information system and who are either:
  239         a. Transitioning out of the child welfare system at the
  240  finalization of an adoption, a reunification with family
  241  members, a permanent placement with a relative, or a
  242  guardianship with a nonrelative; or
  243         b. At least 18 years but not yet 22 years of age and who
  244  need both waiver services and extended foster care services; or
  245         2. At least 18 years but not yet 22 years of age and who
  246  withdrew consent pursuant to s. 39.6251(5)(c) to remain in the
  247  extended foster care system.
  248  
  249  For individuals who are at least 18 years but not yet 22 years
  250  of age and who are eligible under sub-subparagraph 1.b., the
  251  agency shall provide waiver services, including residential
  252  habilitation, and the community-based care lead agency shall
  253  fund room and board at the rate established in s. 409.145(3) and
  254  provide case management and related services as defined in s.
  255  409.986(3)(e). Individuals may receive both waiver services and
  256  services under s. 39.6251. Services may not duplicate services
  257  available through the Medicaid state plan.
  258  
  259  Within categories 3, 4, 5, 6, and 7, the agency shall maintain a
  260  waiting list of clients placed in the order of the date that the
  261  client is determined eligible for waiver services.
  262         Section 5. For the purpose of incorporating the amendments
  263  made by this act to section 409.145, Florida Statutes, in
  264  references thereto, paragraph (b) of subsection (2) of section
  265  409.1451, Florida Statutes, is reenacted to read:
  266         409.1451 The Road-to-Independence Program.—
  267         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
  268         (b) The amount of the financial assistance shall be as
  269  follows:
  270         1. For a young adult who does not remain in foster care and
  271  is attending a postsecondary school as provided in s. 1009.533,
  272  the amount is $1,256 monthly.
  273         2. For a young adult who remains in foster care, is
  274  attending a postsecondary school, as provided in s. 1009.533,
  275  and continues to reside in a licensed foster home, the amount is
  276  the established room and board rate for foster parents. This
  277  takes the place of the payment provided for in s. 409.145(3).
  278         3. For a young adult who remains in foster care, but
  279  temporarily resides away from a licensed foster home for
  280  purposes of attending a postsecondary school as provided in s.
  281  1009.533, the amount is $1,256 monthly. This takes the place of
  282  the payment provided for in s. 409.145(3).
  283         4. For a young adult who remains in foster care, is
  284  attending a postsecondary school as provided in s. 1009.533, and
  285  continues to reside in a licensed group home, the amount is
  286  negotiated between the community-based care lead agency and the
  287  licensed group home provider.
  288         5. For a young adult who remains in foster care, but
  289  temporarily resides away from a licensed group home for purposes
  290  of attending a postsecondary school as provided in s. 1009.533,
  291  the amount is $1,256 monthly. This takes the place of a
  292  negotiated room and board rate.
  293         6. A young adult is eligible to receive financial
  294  assistance during the months when he or she is enrolled in a
  295  postsecondary educational institution.
  296         Section 6. This act shall take effect July 1, 2022.