House Bill hb0161e1

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                                           HB 161, First Engrossed



  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; providing an

21         effective date.

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

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25         Section 1.  Paragraph (a) of subsection (2) of section

26  39.5085, Florida Statutes, is amended to read:

27         39.5085  Relative Caregiver Program.--

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

29  shall establish and operate the Relative Caregiver Program

30  pursuant to eligibility guidelines established in this section

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


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                                           HB 161, First Engrossed



  1  Caregiver Program shall, within the limits of available

  2  funding, provide financial assistance to:

  3         1.  Relatives who are within the fifth degree by blood

  4  or marriage to the parent or stepparent of a child and who are

  5  caring full-time for that dependent child in the role of

  6  substitute parent as a result of a court's determination of

  7  child abuse, neglect, or abandonment and subsequent placement

  8  with the relative pursuant to this chapter.

  9         2.  Relatives who are within the fifth degree by blood

10  or marriage to the parent or stepparent of a child and who are

11  caring full-time for that dependent child, and a dependent

12  half-brother or half-sister of that dependent child, in the

13  role of substitute parent as a result of a court's

14  determination of child abuse, neglect, or abandonment and

15  subsequent placement with the relative pursuant to this

16  chapter.

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18  Such placement may be either court-ordered temporary legal

19  custody to the relative under protective supervision of the

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

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

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

23  offer financial assistance to caregivers who are relatives and

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

25  relative caregiver payment because of financial burden, thus

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

27  in foster care.

28         Section 2.  Paragraph (c) of subsection (4) of section

29  239.117, Florida Statutes, is amended to read:

30         239.117  Workforce development postsecondary student

31  fees.--


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                                           HB 161, First Engrossed



  1         (4)  The following students are exempt from the payment

  2  of registration, matriculation, and laboratory fees:

  3         (c)  A student for whom the state is paying a foster

  4  care board payment pursuant to s. 409.145(3) or pursuant to

  5  parts II and III of chapter 39 for whom the permanency

  6  planning goal pursuant to part III of chapter 39 is long-term

  7  foster care or independent living, or is or was at the time he

  8  or she reached 18 years of age in the custody of a relative

  9  under s. 39.5085, or who is adopted from the Department of

10  Children and Family Services after May 5, 1997. Such an

11  exemption includes fees associated with enrollment in

12  vocational-preparatory instruction and completion of the

13  college-level communication and computation skills testing

14  program. Such an exemption is shall be available to any

15  student adopted from the Department of Children and Family

16  Services after May 5, 1997; however, the exemption remains

17  shall be valid for no more than 4 years after the date of

18  graduation from high school.

19         Section 3.  Paragraph (a) of subsection (2) of section

20  240.35, Florida Statutes, is amended to read:

21         240.35  Student fees.--Unless otherwise provided, the

22  provisions of this section apply only to fees charged for

23  college credit instruction leading to an associate in arts

24  degree, an associate in applied science degree, or an

25  associate in science degree and noncollege credit

26  college-preparatory courses defined in s. 239.105.

27         (2)(a)  Any student for whom the state is paying a

28  foster care board payment pursuant to s. 409.145(3) or parts

29  II and III of chapter 39, for whom the permanency planning

30  goal pursuant to part III of chapter 39 is long-term foster

31  care or independent living, who is or was at the time he or


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                                           HB 161, First Engrossed



  1  she reached 18 years of age in the custody of a relative under

  2  s. 39.5085, or who is adopted from the Department of Children

  3  and Family Services after May 5, 1997, shall be exempt from

  4  the payment of all undergraduate fees, including fees

  5  associated with enrollment in college-preparatory instruction

  6  or completion of the college-level communication and

  7  computation skills testing program. Before a fee exemption can

  8  be given, the student shall have applied for and been denied

  9  financial aid, pursuant to s. 240.404, which would have

10  provided, at a minimum, payment of all student fees. Such

11  exemption shall be available to any student who was in the

12  custody of a relative under s. 39.5085 at the time he or she

13  reached 18 years of age or was adopted from the Department of

14  Children and Family Services after May 5, 1997; however, the

15  exemption shall be valid for no more than 4 years after the

16  date of graduation from high school.

17         Section 4.  Paragraph (a) of subsection (6) of section

18  411.01, Florida Statutes, is amended to read:

19         411.01  Florida Partnership for School Readiness;

20  school readiness coalitions.--

21         (6)  PROGRAM ELIGIBILITY.--The school readiness program

22  shall be established for children under the age of

23  kindergarten eligibility. Priority for participation in the

24  school readiness program shall be given to children who meet

25  one or more of the following criteria:

26         (a)  Children under the age of kindergarten eligibility

27  who are:

28         1.  Children determined to be at risk of abuse,

29  neglect, or exploitation and who are currently clients of the

30  Family Safety Program Office of the Department of Children and

31  Family Services.


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                                           HB 161, First Engrossed



  1         2.  Children at risk of welfare dependency, including

  2  economically disadvantaged children, children of participants

  3  in the welfare transition program, children of migrant

  4  farmworkers, and children of teen parents.

  5         3.  Children of working families whose family income

  6  does not exceed 150 percent of the federal poverty level.

  7         4.  Children for whom the state is paying a relative

  8  caregiver payment under s. 39.5085.

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10  An "economically disadvantaged" child means a child whose

11  family income is below 150 percent of the federal poverty

12  level. Notwithstanding any change in a family's economic

13  status, but subject to additional family contributions in

14  accordance with the sliding fee scale, a child who meets the

15  eligibility requirements upon initial registration for the

16  program shall be considered eligible until the child reaches

17  kindergarten age.

18         Section 5.  This act shall take effect July 1, 2002.

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