Senate Bill sb0360c1

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    Florida Senate - 2002                            CS for SB 360

    By the Committee on Children and Families; and Senator Dawson





    300-851A-02

  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; amending s.

11         240.235, F.S.; exempting certain children who

12         are in the custody of a relative at the time of

13         reaching 18 years of age from paying all

14         university undergraduate student fees; amending

15         s. 240.35, F.S.; exempting certain children who

16         are in the custody of a relative at the time of

17         reaching age 18 from payment of all

18         undergraduate student fees; amending s. 411.01,

19         F.S.; revising eligibility criteria for

20         participation in the school readiness program;

21         requiring the Department of Children and Family

22         Services to contract for a study of relative

23         caregivers in the state; providing an effective

24         date.

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

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

29  39.5085, Florida Statutes, is amended to read:

30         39.5085  Relative Caregiver Program.--

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    Florida Senate - 2002                            CS for SB 360
    300-851A-02




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

  2  shall establish and operate the Relative Caregiver Program

  3  pursuant to eligibility guidelines established in this section

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

  5  Caregiver Program shall, within the limits of available

  6  funding, provide financial assistance to relatives who are

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

  8  stepparent of a dependent child and who are caring full-time

  9  for that dependent child, or who are caring full-time for that

10  dependent child and a dependent half-brother or half-sister of

11  that dependent child, in the role of substitute parent as a

12  result of a court's determination of child abuse, neglect, or

13  abandonment and subsequent placement with the relative

14  pursuant to this chapter. Such placement may be either

15  court-ordered temporary legal custody to the relative under

16  protective supervision of the department pursuant to s.

17  39.521(1)(b)3., or court-ordered placement in the home of a

18  relative as a permanency option pursuant to s. 39.622.  The

19  Relative Caregiver Program shall offer financial assistance to

20  caregivers who are relatives and who would be unable to serve

21  in that capacity without the relative caregiver payment

22  because of financial burden, thus exposing the child to the

23  trauma of placement in a shelter or in foster care.

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

25  239.117, Florida Statutes, is amended to read:

26         239.117  Workforce development postsecondary student

27  fees.--

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

29  of registration, matriculation, and laboratory fees:

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

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

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    Florida Senate - 2002                            CS for SB 360
    300-851A-02




  1  parts II and III of chapter 39, for whom the permanency

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

  3  foster care or independent living, who is or was at the time

  4  he or she reached 18 years of age in the custody of a

  5  relative, under s. 39.5085 or who is adopted from the

  6  Department of Children and Family Services after May 5, 1997.

  7  Such 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 exemption is shall be available to any student

11  who was in the custody of a relative under s. 39.5085 at the

12  time he or she reached 18 years of age or was adopted from the

13  Department of Children and Family Services after May 5, 1997;

14  however, the exemption remains shall be valid for no more than

15  4 years after the date of graduation from high school.

16         Section 3.  Paragraph (a) of subsection (5) of section

17  240.235, Florida Statutes, is amended to read:

18         240.235  Fees.--

19         (5)(a)  Any student for whom the state is paying a

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

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

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

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

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

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

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

27  the payment of all undergraduate fees, including fees

28  associated with enrollment in college-preparatory instruction

29  or completion of college-level communication and computation

30  skills testing programs.  Before a fee exemption can be given,

31  the student shall have applied for and been denied financial

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    Florida Senate - 2002                            CS for SB 360
    300-851A-02




  1  aid, pursuant to s. 240.404, which would have provided, at a

  2  minimum, payment of all undergraduate fees. Such exemption

  3  shall be available to any student who was in the custody of a

  4  relative under s. 39.5085 at the time he or she reached 18

  5  years of age or was adopted from the Department of Children

  6  and Family Services after May 5, 1997; however, the exemption

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

  8  graduation from high school.

  9         Section 4.  Paragraph (a) of subsection (2) of section

10  240.35, Florida Statutes, is amended to read:

11         240.35  Student fees.--Unless otherwise provided, the

12  provisions of this section apply only to fees charged for

13  college credit instruction leading to an associate in arts

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

15  associate in science degree and noncollege credit

16  college-preparatory courses defined in s. 239.105.

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

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

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

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

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

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

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

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

25  the payment of all undergraduate fees, including fees

26  associated with enrollment in college-preparatory instruction

27  or completion of the college-level communication and

28  computation skills testing program. Before a fee exemption can

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

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

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

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    Florida Senate - 2002                            CS for SB 360
    300-851A-02




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

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

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

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

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

  6  date of graduation from high school.

  7         Section 5.  Paragraph (a) of subsection (6) of section

  8  411.01, Florida Statutes, is amended to read:

  9         411.01  Florida Partnership for School Readiness;

10  school readiness coalitions.--

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

12  shall be established for children under the age of

13  kindergarten eligibility. Priority for participation in the

14  school readiness program shall be given to children who meet

15  one or more of the following criteria:

16         (a)  Children under the age of kindergarten eligibility

17  who are:

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

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

20  Family Safety Program Office of the Department of Children and

21  Family Services.

22         2.  Children at risk of welfare dependency, including

23  economically disadvantaged children, children of participants

24  in the welfare transition program, children of migrant

25  farmworkers, and children of teen parents.

26         3.  Children of working families whose family income

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

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

29  caregiver payment under s. 39.5085.

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    Florida Senate - 2002                            CS for SB 360
    300-851A-02




  1  An "economically disadvantaged" child means a child whose

  2  family income is below 150 percent of the federal poverty

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

  4  status, but subject to additional family contributions in

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

  6  eligibility requirements upon initial registration for the

  7  program shall be considered eligible until the child reaches

  8  kindergarten age.

  9         Section 6.  The Department of Children and Family

10  Services shall contract for a study of families headed by

11  grandparents raising grandchildren and of other relative

12  caregivers in the state. This study shall be submitted to the

13  department, the President of the Senate, and the Speaker of

14  the House of Representatives by February 1, 2003. The study

15  shall include the best information available on the number and

16  needs of such families, including the numbers who have legal

17  custody, the source of the court order granting custody, and

18  the reasons for which the relatives took or accepted custody,

19  such as death, illness, or protection of the children from

20  abuse, abandonment, or neglect.

21         Section 7.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                            CS for SB 360
    300-851A-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 360

  3

  4  Clarifies that half-siblings must have been determined
    dependent pursuant to ch. 39, F.S., and that the child with
  5  the direct relationship to the relative caregiver must be in
    the home in order for the half-sibling to be eligible for the
  6  Relative Caregiver Program.

  7  Stipulates that the fee exemption for the workforce
    development postsecondary education program does not expire
  8  when the youth in the Relative Caregiver Program turns 18
    years of age but is permitted for up to 4 years after
  9  graduation from high school.

10  Eliminates the language expanding the permanency placement
    options required for students to be eligible for the workforce
11  development postsecondary education program fee exemption.

12  Adds students for whom a relative caregiver payment is made to
    the list of students who are exempt from the undergraduate
13  fees for universities.

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