Senate Bill 1540

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 1540

    By Senator Turner





    36-1306-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to children and families;

  3         creating s. 415.531, F.S.; providing

  4         legislative intent; directing the Department of

  5         Children and Family Services to establish and

  6         operate the Relative Caretaker Program;

  7         providing for financial assistance and support

  8         services to relatives caring for children;

  9         providing eligibility of such children for

10         certain medical coverage and college tuition

11         waivers; providing for funding; providing a

12         limitation; providing for rules; providing an

13         effective date.

14

15         WHEREAS, the number of grandparents raising

16  grandchildren has increased dramatically in the last 5 years,

17  and many grandparents find themselves raising grandchildren,

18  not out of choice but out of necessity, at great cost to

19  themselves, and

20         WHEREAS, Florida relies upon its grandparents and other

21  relatives to raise healthy, productive children able to

22  contribute to society, and recognizes that the contribution of

23  grandparents and other relatives reduces Florida's

24  expenditures for foster care and other out-of-home placements,

25  and

26         WHEREAS, the contributions of grandparents and other

27  relatives in parenting another generation of Floridians have

28  enriched our state and provide its residents with role models

29  of self-sacrifice and devotion, NOW, THEREFORE,

30

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

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1540
    36-1306-98                                              See HB




  1         Section 1.  Section 415.531, Florida Statutes, is

  2  created to read:

  3         415.531  Relative Caretaker Program.--

  4         (1)  It is the intent of the Legislature in enacting

  5  this section to:

  6         (a)  Recognize family relationships in which a

  7  grandparent or other relative is the head of a household which

  8  includes a child otherwise at risk of the trauma of

  9  out-of-home placement, through removing barriers to such

10  family relationships such as unnecessary licensing

11  requirements and lack of financial assistance.

12         (b)  Enhance family preservation and stability by

13  recognizing that children in such long-term, stable placements

14  with grandparents and other relatives do not need continued

15  government supervision of the placement by the courts or the

16  child protection system.

17         (c)  Provide additional placement options and

18  incentives that will achieve permanency and stability for many

19  children who are otherwise at risk of the trauma of entering

20  the child protection system because of abuse, abandonment, or

21  neglect, but who may successfully be able to be placed by the

22  courts or the child protection system in the care of such

23  relatives.

24         (d)  Eliminate the financial barriers that face

25  relatives and, thus, hinder the ability to avoid or end the

26  involvement of the courts or the child protection system in

27  the placement of children.

28         (e)  Reserve the limited casework and supervisory

29  resources of the courts and the child protection system for

30  those cases in which children do not have the option for safe,

31  stable, care within the family.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1540
    36-1306-98                                              See HB




  1         (2)(a)  The Department of Children and Family Services

  2  shall establish and operate the Relative Caretaker Program to

  3  provide financial assistance to relatives within the first,

  4  second, or third degree by blood or marriage to the parent or

  5  stepparent of a child, who are caring full-time for that child

  6  in the role of substitute parent as a result of a court order,

  7  an agency placement, or a voluntary arrangement with a parent.

  8  The Relative Caretaker Program shall offer financial

  9  assistance to relative caretakers who would be unable to serve

10  in that capacity without the relative caretaker payment

11  because of the financial burden, thus exposing the child to

12  the trauma of placement in emergency shelter or foster care.

13         (b)  Relative caretakers who receive assistance under

14  this section must be capable, with that assistance, of

15  providing a physically safe environment and a stable,

16  supportive home for the children under their care. Relatives

17  who qualify for the Relative Caretaker Program shall be exempt

18  from foster care licensing requirements under s. 409.175.

19         (c)  Relatives who are caring for children placed with

20  them by the child protection system shall receive a monthly

21  relative caretaker benefit equal to the benefit provided to a

22  foster parent. All other relatives shall receive a monthly

23  benefit payment according to their financial need and the risk

24  to the child of out-of-home placement, under eligibility

25  criteria established by the department.

26         (d)  If requested or needed, the department shall

27  provide relative caretakers with family support and family

28  preservation services, flexible funds in accordance with s.

29  409.165, subsidized child care, and other services which would

30  otherwise be available to children in foster care, in order to

31  support the child's safety, growth, and healthy development.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1540
    36-1306-98                                              See HB




  1         (e)  Children living with relative caretakers who are

  2  receiving assistance under this section shall be eligible to

  3  receive the same medical coverage and college tuition waivers

  4  available for children in foster care.

  5         (f)  The department is authorized to maximize the use

  6  of federal Title IV-E funds, as well as other appropriate

  7  state, federal, and private funds, to operate the Relative

  8  Caretaker Program.  For each child served, the cost of

  9  providing the assistance and services described in this

10  section shall not exceed the cost of providing out-of-home

11  care in emergency shelter or foster care.

12         (g)  The department shall adopt rules to implement the

13  Relative Caretaker Program.

14         Section 2.  This act shall take effect October 1 of the

15  year in which enacted.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Directs the Department of Children and Family Services to
20    establish and operate a program to provide financial
      assistance and support services to certain relatives
21    caring for children in a safe, stable, supportive home,
      in the role of substitute parents, voluntarily or due to
22    a court order or agency placement. Provides for the
      children's eligibility for certain medical coverage and
23    college tuition waivers.  Authorizes the department to
      use state, federal, and private funds for the program,
24    not to exceed the cost of providing out-of-home care in
      emergency shelter or foster care. Authorizes department
25    rules.

26

27

28

29

30

31

                                  4