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.

24

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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    Florida House of Representatives - 2002                 HB 161

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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.

  5

  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

  3
      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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