House Bill hb0161
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Florida House of Representatives - 2002 HB 161
By Representative Garcia
1 A bill to be entitled
2 An act relating to the care of children;
3 amending s. 39.5085, F.S., relating to the
4 Relative Caregiver Program; revising
5 eligibility guidelines; amending s. 239.117,
6 F.S., relating to workforce development
7 postsecondary student fees; exempting from the
8 payment of specified fees otherwise eligible
9 students for whom the state is paying a
10 relative caregiver payment; revising
11 eligibility requirements for such students and
12 for certain other students who are eligible to
13 receive this exemption; amending s. 240.35,
14 F.S.; exempting certain children in the custody
15 of a relative at the time of reaching age 18
16 from payment of all undergraduate student fees;
17 amending s. 411.01, F.S.; providing eligibility
18 under the school readiness program for certain
19 children for whom the state is paying a
20 relative caregiver payment; requiring the
21 Department of Children and Family Services to
22 contract for a study of relative caregivers in
23 the state; providing an effective date.
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25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Paragraph (a) of subsection (2) of section
28 39.5085, Florida Statutes, is amended to read:
29 39.5085 Relative Caregiver Program.--
30 (2)(a) The Department of Children and Family Services
31 shall establish and operate the Relative Caregiver Program
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Florida House of Representatives - 2002 HB 161
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1 pursuant to eligibility guidelines established in this section
2 as further implemented by rule of the department. The Relative
3 Caregiver Program shall, within the limits of available
4 funding, provide financial assistance to relatives who are
5 within the fifth degree by blood or marriage to the parent or
6 stepparent of a child and who are caring full-time for that
7 child, or for a half-brother or a half-sister of that child,
8 in the role of substitute parent as a result of a court's
9 determination of child abuse, neglect, or abandonment and
10 subsequent placement with the relative pursuant to this
11 chapter. Such placement may be either court-ordered temporary
12 legal custody to the relative under protective supervision of
13 the department pursuant to s. 39.521(1)(b)3., or court-ordered
14 placement in the home of a relative as a permanency option
15 pursuant to s. 39.622. The Relative Caregiver Program shall
16 offer financial assistance to caregivers who are relatives and
17 who would be unable to serve in that capacity without the
18 relative caregiver payment because of financial burden, thus
19 exposing the child to the trauma of placement in a shelter or
20 in foster care.
21 Section 2. Paragraph (c) of subsection (4) of section
22 239.117, Florida Statutes, is amended to read:
23 239.117 Workforce development postsecondary student
24 fees.--
25 (4) The following students are exempt from the payment
26 of registration, matriculation, and laboratory fees:
27 (c) A student for whom the state is paying a foster
28 care board payment pursuant to s. 409.145(3) or pursuant to
29 parts II and III of chapter 39 or is paying a relative
30 caregiver payment under s. 39.5085, for whom the permanency
31 planning goal pursuant to part III of chapter 39 is for the
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Florida House of Representatives - 2002 HB 161
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1 student to be in long-term foster care, in the permanent
2 custody of a foster parent or legal custodian, in long-term
3 placement with a relative, under guardianship, in the
4 permanent custody of a relative, or independent living
5 independently, or who is adopted from the Department of
6 Children and Family Services after May 5, 1997. Such an
7 exemption includes fees associated with enrollment in
8 vocational-preparatory instruction and completion of the
9 college-level communication and computation skills testing
10 program. Such an exemption is shall be available to any
11 student adopted from the Department of Children and Family
12 Services after May 5, 1997; however, the exemption remains
13 shall be valid for no more than 4 years after the date of
14 graduation from high school.
15 Section 3. Paragraph (a) of subsection (2) of section
16 240.35, Florida Statutes, is amended to read:
17 240.35 Student fees.--Unless otherwise provided, the
18 provisions of this section apply only to fees charged for
19 college credit instruction leading to an associate in arts
20 degree, an associate in applied science degree, or an
21 associate in science degree and noncollege credit
22 college-preparatory courses defined in s. 239.105.
23 (2)(a) Any student for whom the state is paying a
24 foster care board payment pursuant to s. 409.145(3) or parts
25 II and III of chapter 39, for whom the permanency planning
26 goal pursuant to part III of chapter 39 is long-term foster
27 care or independent living, who is or was at the time he or
28 she reached 18 years of age in the custody of a relative under
29 s. 39.5085, or who is adopted from the Department of Children
30 and Family Services after May 5, 1997, shall be exempt from
31 the payment of all undergraduate fees, including fees
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Florida House of Representatives - 2002 HB 161
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1 associated with enrollment in college-preparatory instruction
2 or completion of the college-level communication and
3 computation skills testing program. Before a fee exemption can
4 be given, the student shall have applied for and been denied
5 financial aid, pursuant to s. 240.404, which would have
6 provided, at a minimum, payment of all student fees. Such
7 exemption shall be available to any student who was in the
8 custody of a relative under s. 39.5085 at the time he or she
9 reached 18 years of age or was adopted from the Department of
10 Children and Family Services after May 5, 1997; however, the
11 exemption shall be valid for no more than 4 years after the
12 date of graduation from high school.
13 Section 4. Paragraph (a) of subsection (6) of section
14 411.01, Florida Statutes, is amended to read:
15 411.01 Florida Partnership for School Readiness;
16 school readiness coalitions.--
17 (6) PROGRAM ELIGIBILITY.--The school readiness program
18 shall be established for children under the age of
19 kindergarten eligibility. Priority for participation in the
20 school readiness program shall be given to children who meet
21 one or more of the following criteria:
22 (a) Children under the age of kindergarten eligibility
23 who are:
24 1. Children determined to be at risk of abuse,
25 neglect, or exploitation and who are currently clients of the
26 Family Safety Program Office of the Department of Children and
27 Family Services.
28 2. Children at risk of welfare dependency, including
29 economically disadvantaged children, children of participants
30 in the welfare transition program, children of migrant
31 farmworkers, and children of teen parents.
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1 3. Children of working families whose family income
2 does not exceed 150 percent of the federal poverty level.
3 4. Children for whom the state is paying a relative
4 caregiver payment under s. 39.5085.
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6 An "economically disadvantaged" child means a child whose
7 family income is below 150 percent of the federal poverty
8 level. Notwithstanding any change in a family's economic
9 status, but subject to additional family contributions in
10 accordance with the sliding fee scale, a child who meets the
11 eligibility requirements upon initial registration for the
12 program shall be considered eligible until the child reaches
13 kindergarten age.
14 Section 5. The Department of Children and Family
15 Services shall contract for a study of families headed by
16 grandparents raising grandchildren and of other relative
17 caregivers in the state. This study shall be submitted to the
18 department, the President of the Senate, and the Speaker of
19 the House of Representatives by February 1, 2003. The study
20 shall include the best information available on the number and
21 needs of such families, including the numbers who have legal
22 custody, the source of the court order granting custody, and
23 the reasons for which the relatives took or accepted custody,
24 such as death, illness, or protection of the children from
25 abuse, abandonment, or neglect.
26 Section 6. This act shall take effect July 1, 2002.
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Florida House of Representatives - 2002 HB 161
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2 HOUSE SUMMARY
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Revises eligibility guidelines for the Relative Caregiver
4 Program. Provides that children for whom the state is
paying a relative caregiver payment are eligible for
5 exemption from paying postsecondary registration,
matriculation, laboratory, and other undergraduate
6 student fees, if the children are otherwise eligible.
Revises eligibility requirements for certain other
7 students who are exempt under s. 239.117, F.S., from
paying such postsecondary fees. Provides certain priority
8 participation in the school readiness program for
prekindergarten children for whom the state is paying a
9 relative caregiver payment. Requires the Department of
Children and Family Services to contract for a study of
10 relative caregivers in the state.
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