The Florida Senate

409.166  Special needs children; subsidized adoption program.--

(1)  LEGISLATIVE INTENT.--It is the intent of the Legislature to protect and promote every child's right to the security and stability of a permanent family home. The Legislature intends to make available to prospective adoptive parents financial aid which will enable them to adopt a child in foster care who, because of his or her special needs, has proven difficult to place in an adoptive home. In providing subsidies for children with special needs in foster homes, it is the intent of the Legislature to reduce state expenditures for long-term foster care. It is also the intent of the Legislature that placement without subsidy be the placement of choice unless it can be shown that such placement is not in the best interest of the child.

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

(a)  "Special needs child" means a child whose permanent custody has been awarded to the department or to a licensed child-placing agency and

1.  Who has established significant emotional ties with his or her foster parents; or

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

a.  Eight years of age or older;

b.  Mentally retarded;

c.  Physically or emotionally handicapped;

d.  Of black or racially mixed parentage; or

e.  A member of a sibling group of any age, provided two or more members of a sibling group remain together for purposes of adoption.

(b)  "Department" means the Department of Children and Family Services.

(c)  "Subsidy" means special services or money payments.

(3)  ADMINISTRATION OF PROGRAM.--

(a)  The department shall establish and administer an adoption program for special needs children to be carried out by the department or by contract with a licensed child-placing agency. The program shall attempt to increase the number of persons seeking to adopt special needs children and the number of adoption placements and shall extend subsidies and services, when needed, to the adopting parents of a special needs child.

(b)  Authorization for subsidized adoption placement is to be granted only when all other resources available to place the child in question have been thoroughly explored and when it can be clearly established that this is the most acceptable plan for providing permanent placement for the child. Adoption subsidy will not be used as a substitute for adoptive parent recruitment or as an inducement to adopt a child who might be placed through nonsubsidized means. It shall be the policy of the department that no child be denied adoption when subsidy would make adoption possible. The best interest of the child shall be the deciding factor in every case. Nothing contained herein shall prohibit foster parents from applying to adopt a special needs child placed in their care.

(c)  The department shall keep the necessary records to evaluate the effectiveness of the program in encouraging and promoting the adoption of special needs children.

(4)  ELIGIBILITY FOR SERVICES.--

(a)  The department may pay either one or both of the following subsidies to the adopting parents:

1.  For support and maintenance of a special needs child until the 18th birthday of such child, a monthly payment in an amount determined through agreement between the adoptive parents and the department. The agreement shall take into consideration the circumstances of the adopting parents and the needs of the child being adopted, and the amount of subsidy may be readjusted periodically based upon changes in those circumstances. However, in no case shall the amount of the adoption subsidy monthly payment exceed the foster care maintenance payment which would have been paid during the same period if the child had been in a foster family home. Such payment shall be negotiated yearly between the parents and the department.

2.  For medical, surgical, hospital, and related services needed as a result of a physical or mental condition of the child which existed before the adoption, a subsidy which may be initiated at any time but shall terminate on or before the child's 18th birthday.

(b)  As a condition for continuation of the subsidy, the adoptive parents shall file a sworn statement with the department at least once each year to include any social or financial conditions which may have changed.

(c)  A child who is handicapped at the time of adoption shall be eligible for services of the Division of Children's Medical Services Network if the child was eligible for such services prior to the adoption.

(5)  WAIVER OF ADOPTION FEES.--The adoption fees shall be waived for all adoptive parents who participate in the program who adopt children in the custody of the department. Fees may be waived for families who adopt children in the custody of licensed child-placing agencies or who adopt children through independent adoptions, and who receive or may be eligible for subsidies through the department. Retroactive reimbursement of fees may not be required for families who adopt children in the custody of licensed child-placing agencies.

(6)  The department is authorized to reimburse, retroactive to January 1, 1987, adoptive parents who participate in the program for up to $1,000 in nonrecurring expenses the parents incurred relating to the adoption. For purposes of this subsection, "nonrecurring expenses" means one-time expenses, such as attorney's fees, court costs, birth certificate fees, travel expenses, agency fees, and physical examination fees.

(7)  The department shall promulgate all necessary rules to implement the provisions of this section.

History.--ss. 1, 2, 3, 4, 5, 6, ch. 76-203; s. 1, ch. 77-174; s. 1, ch. 77-293; s. 1, ch. 78-362; s. 1, ch. 83-246; s. 17, ch. 84-254; s. 5, ch. 91-99; s. 24, ch. 92-96; s. 113, ch. 97-101; s. 43, ch. 97-103; s. 181, ch. 99-8; s. 50, ch. 2000-153.