Senate Bill 2478

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    Florida Senate - 1999                                  SB 2478

    By Senator Dawson-White





    30-654A-99

  1                      A bill to be entitled

  2         An act relating to the Relative Caregiver

  3         Program; amending s. 39.5085, F.S.; providing

  4         that a relative caregiver is eligible for

  5         assistance under the program following the

  6         long-term placement of a child with the

  7         caregiver pursuant to a court order or an order

  8         of guardianship; providing that the relative

  9         caregiver of a special needs child is eligible

10         to receive a specified amount of assistance

11         under the program; providing that a relative

12         caregiver who adopts a mentally retarded,

13         physically handicapped, or emotionally

14         handicapped child is eligible to receive the

15         adoption subsidy provided to adoptive parents;

16         providing an effective date.

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

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20         Section 1.  Subsection (2) of section 39.5085, Florida

21  Statutes, 1998 Supplement, is amended to read:

22         39.5085  Relative Caregiver Program.--

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

24  shall establish and operate the Relative Caregiver Program

25  pursuant to eligibility guidelines established in this section

26  as further implemented by rule of the department. The Relative

27  Caregiver Program shall, within the limits of available

28  funding, provide financial assistance to relatives who are

29  within the fifth degree by blood or marriage to the parent or

30  stepparent of a child and who are caring full-time for that

31  child in the role of substitute parent as a result of a

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    Florida Senate - 1999                                  SB 2478
    30-654A-99




  1  departmental determination of child abuse, neglect, or

  2  abandonment and subsequent placement with the relative

  3  pursuant to this chapter. Such placement may be either

  4  court-ordered temporary legal custody to the relative under s.

  5  39.508(9)(a)4. pursuant to s. 39.508(9), or court-ordered

  6  placement in the home of a relative under protective

  7  supervision of the department under s. 39.508(9)(a)3.,

  8  court-ordered placement in the long-term custody of a relative

  9  under s. 39.508(9)(a)5., or placement with a relative pursuant

10  to a court order or letter of guardianship pursuant to s.

11  39.508(9).  The Relative Caregiver Program shall offer

12  financial assistance to caregivers who are relatives and who

13  would be unable to serve in that capacity without the relative

14  caregiver payment because of financial burden, thus exposing

15  the child to the trauma of placement in a shelter or in foster

16  care.

17         (b)  Caregivers who are relatives and who receive

18  assistance under this section must be capable, as determined

19  by a home study, of providing a physically safe environment

20  and a stable, supportive home for the children under their

21  care, and must assure that the children's well-being is met,

22  including, but not limited to, the provision of immunizations,

23  education, and mental health services as needed.

24         (c)  Relatives who qualify for and participate in the

25  Relative Caregiver Program are not required to meet foster

26  care licensing requirements under s. 409.175.

27         (d)  Relatives who are caring for children placed with

28  them by the child protection system shall receive a special

29  monthly relative caregiver benefit established by rule of the

30  department.  The amount of the special benefit payment shall

31  be based on the child's age within a payment schedule

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    Florida Senate - 1999                                  SB 2478
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  1  established by rule of the department and subject to

  2  availability of funding. The statewide average monthly rate

  3  for children judicially placed with relatives who are not

  4  licensed as foster homes may not exceed 82 percent of the

  5  statewide average foster care rate, nor may the cost of

  6  providing the assistance described in this section to any

  7  relative caregiver exceed the cost of providing out-of-home

  8  care in emergency shelter or foster care.

  9         (e)  Children receiving cash benefits under this

10  section are not eligible to simultaneously receive WAGES cash

11  benefits under chapter 414.

12         (f)  Within available funding, the Relative Caregiver

13  Program shall provide relative caregivers with family support

14  and preservation services, flexible funds in accordance with

15  s. 409.165, subsidized child care, and other available

16  services in order to support the child's safety, growth, and

17  healthy development.  Children living with relative caregivers

18  who are receiving assistance under this section shall be

19  eligible for Medicaid coverage.

20         (g)  A relative caregiver with whom a mentally

21  retarded, physically handicapped, or emotionally handicapped

22  child is placed is eligible to receive assistance under the

23  Relative Caregiver Program which is equal to the amount of the

24  subsidy provided to adoptive parents under s. 409.166. If a

25  relative caregiver adopts a mentally retarded, physically

26  handicapped, or emotionally handicapped child following

27  participation in the Relative Caregiver Program, the caregiver

28  is eligible to receive the adoption subsidy provided under s.

29  409.166.

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    Florida Senate - 1999                                  SB 2478
    30-654A-99




  1         (h)(g)  The department may use appropriate available

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

  3  Caregiver Program.

  4         Section 2.  This act shall take effect July 1, 1999.

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  7                          SENATE SUMMARY

  8    Provides for assistance under the Relative Caregiver
      Program for the relative caregiver of a child who is
  9    placed into long-term care with the caregiver under a
      court order or an order of guardianship. Provides that
10    the relative caregiver of a special needs child is
      eligible to receive assistance under the program which
11    equals the amount of the adoption subsidy provided to
      adoptive parents. Provides that a relative caregiver who
12    adopts a child who is mentally retarded, physically
      handicapped, or emotionally handicapped is eligible to
13    receive the adoption subsidy provided to adoptive parents
      by the Department of Children and Family Services.
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