House Bill hb1251

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    Florida House of Representatives - 2001                HB 1251

        By Representatives Siplin, Bullard, Haridopolos, Paul,
    Smith, Rich, Rubio, Wilson, Weissman, Gardiner, Richardson,
    Bendross-Mindingall, Machek, Joyner, Cusack, Peterman, Fields,
    Negron, Baker, Bennett and Bowen



  1                      A bill to be entitled

  2         An act relating to relative caregivers;

  3         amending s. 39.5085, F.S.; revising provisions

  4         of the Relative Caregiver Program to eliminate

  5         requirement for judicial placement of the child

  6         in the home of the relative; providing an

  7         effective date.

  8

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

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11         Section 1.  Paragraphs (a) and (d) of subsection (2) of

12  section 39.5085, Florida Statutes, are amended to read:

13         39.5085  Relative Caregiver Program.--

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

15  shall establish and operate the Relative Caregiver Program

16  pursuant to eligibility guidelines established in this section

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

18  Caregiver Program shall, within the limits of available

19  funding, provide financial assistance to relatives who are

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

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

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

23  court's determination of child abuse, neglect, or abandonment

24  and subsequent placement with the relative pursuant to this

25  chapter. Such placement may be either court-ordered temporary

26  legal custody to the relative under protective supervision of

27  the department pursuant to s. 39.521(1)(b)3., or court-ordered

28  placement in the home of a relative as a permanency option

29  pursuant to s. 39.622.  The Relative Caregiver Program shall

30  offer financial assistance to caregivers who are relatives and

31  who would be unable to serve in that capacity without the

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    Florida House of Representatives - 2001                HB 1251

    796-101B-01






  1  relative caregiver payment because of financial burden, thus

  2  exposing the child to the trauma of placement in a shelter or

  3  in foster care.

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

  5  them by the court pursuant to this section chapter shall

  6  receive a special monthly relative caregiver benefit

  7  established by rule of the department.  The amount of the

  8  special benefit payment shall be based on the child's age

  9  within a payment schedule established by rule of the

10  department and subject to availability of funding. The

11  statewide average monthly rate for children cared for by

12  judicially placed with relatives who are not licensed as

13  foster homes may not exceed 82 percent of the statewide

14  average foster care rate, nor may the cost of providing the

15  assistance described in this section to any relative caregiver

16  exceed the cost of providing out-of-home care in emergency

17  shelter or foster care.

18         Section 2.  This act shall take effect July 1, 2001.

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21                          HOUSE SUMMARY

22
      Eliminates requirement under the Relative Caregiver
23    Program that the child be judicially placed in the home
      of the relative.
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