| 1 | A bill to be entitled |
| 2 | An act relating to adoption and child protection; amending |
| 3 | s. 39.001, F.S.; redesignating the Office of Child Abuse |
| 4 | Prevention as the Office of Adoption and Child Protection; |
| 5 | revising the purpose of the office; providing for a Chief |
| 6 | Child Advocate and providing duties therefor; providing |
| 7 | duties and responsibilities of the office; providing for |
| 8 | the promotion of adoption and support of adoptive families |
| 9 | in the state plan of the office; establishing the Child |
| 10 | Abuse Prevention and Permanency Advisory Council and |
| 11 | providing for composition thereof; providing additional |
| 12 | purposes for district plans of action; creating s. |
| 13 | 39.0011, F.S.; authorizing the office to establish a |
| 14 | direct-support organization; providing purposes, |
| 15 | requirements, and objectives; providing for members of a |
| 16 | board of directors of the direct-support organization; |
| 17 | requiring the organization to operate under contract with |
| 18 | the office; providing guidelines for the use of funds; |
| 19 | amending ss. 39.0014 and 39.01, F.S.; conforming |
| 20 | references to changes made by the act; amending s. |
| 21 | 409.166, F.S.; providing an adoption assistance program |
| 22 | for children within the child welfare system; revising |
| 23 | legislative intent; revising and providing definitions; |
| 24 | requiring the Department of Children and Family Services |
| 25 | to collect and maintain certain data; providing adoption |
| 26 | assistance in the form of maintenance subsidies, subject |
| 27 | to specific appropriations; specifying conditions under |
| 28 | which such subsidies are granted; providing for |
| 29 | reimbursement for certain expenses; requiring the |
| 30 | department to adopt rules; providing appropriations; |
| 31 | providing an effective date. |
| 32 |
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| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
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| 35 | Section 1. Subsections (6) through (9) of section 39.001, |
| 36 | Florida Statutes, are amended to read: |
| 37 | 39.001 Purposes and intent; personnel standards and |
| 38 | screening.-- |
| 39 | (6) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE, |
| 40 | ABANDONMENT, AND NEGLECT OF CHILDREN.--The incidence of known |
| 41 | child abuse, abandonment, and neglect has increased rapidly over |
| 42 | the past 5 years. The impact that abuse, abandonment, or neglect |
| 43 | has on the victimized child, siblings, family structure, and |
| 44 | inevitably on all citizens of the state has caused the |
| 45 | Legislature to determine that the prevention of child abuse, |
| 46 | abandonment, and neglect shall be a priority of this state. To |
| 47 | further this end, it is the intent of the Legislature that an |
| 48 | Office of Adoption and Child Protection Abuse Prevention be |
| 49 | established. |
| 50 | (7) OFFICE OF ADOPTION AND CHILD PROTECTION ABUSE |
| 51 | PREVENTION.-- |
| 52 | (a) For purposes of establishing a comprehensive statewide |
| 53 | approach for the promotion of adoption, support of adoptive |
| 54 | families, and prevention of child abuse, abandonment, and |
| 55 | neglect, the Office of Adoption and Child Protection Abuse |
| 56 | Prevention is created within the Executive Office of the |
| 57 | Governor. The Governor shall appoint a Chief Child Advocate |
| 58 | director for the office who shall be subject to confirmation by |
| 59 | the Senate. |
| 60 | (b) The Chief Child Advocate director shall: |
| 61 | 1. Assist in developing rules pertaining to the promotion |
| 62 | of adoption, support of adoptive families, and implementation of |
| 63 | child abuse prevention efforts. |
| 64 | 2. Act as the Governor's liaison with state agencies, |
| 65 | other state governments, and the public and private sectors on |
| 66 | matters that relate to the promotion of adoption, support of |
| 67 | adoptive families, and child abuse prevention. |
| 68 | 3. Work to secure funding and other support for the |
| 69 | state's promotion of adoption, support of adoptive families, and |
| 70 | child abuse prevention efforts, including, but not limited to, |
| 71 | establishing cooperative relationships among state and private |
| 72 | agencies. |
| 73 | 4. Develop a strategic program and funding initiative that |
| 74 | links the separate jurisdictional activities of state agencies |
| 75 | with respect to promotion of adoption, support of adoptive |
| 76 | families, and child abuse prevention. The office may designate |
| 77 | lead and contributing agencies to develop such initiatives. |
| 78 | 5. Advise the Governor and the Legislature on statistics |
| 79 | related to the promotion of adoption, support of adoptive |
| 80 | families, and child abuse prevention trends in this state, the |
| 81 | status of current adoption programs and services, current child |
| 82 | abuse prevention programs and services, the funding of adoption, |
| 83 | support of adoptive families, and child abuse prevention those |
| 84 | programs and services, and the status of the office with regard |
| 85 | to the development and implementation of the state strategy for |
| 86 | the promotion of adoption, support of adoptive families, and |
| 87 | child abuse prevention strategy. |
| 88 | 6. Develop child abuse prevention public awareness |
| 89 | campaigns to be implemented throughout the state for the |
| 90 | promotion of adoption, support of adoptive families, and child |
| 91 | abuse prevention. |
| 92 | (c) The office is authorized and directed to: |
| 93 | 1. Oversee the preparation and implementation of the state |
| 94 | plan established under subsection (8) and revise and update the |
| 95 | state plan as necessary. |
| 96 | 2. Provide for or make available continuing professional |
| 97 | education and training in the prevention of child abuse and |
| 98 | neglect. |
| 99 | 3. Work to secure funding in the form of appropriations, |
| 100 | gifts, and grants from the state, the Federal Government, and |
| 101 | other public and private sources in order to ensure that |
| 102 | sufficient funds are available for the promotion of adoption, |
| 103 | support of adoptive families, and child abuse prevention |
| 104 | efforts. |
| 105 | 4. Make recommendations pertaining to agreements or |
| 106 | contracts for the establishment and development of: |
| 107 | a. Programs and services for the promotion of adoption, |
| 108 | support of adoptive families, and prevention of child abuse and |
| 109 | neglect. |
| 110 | b. Training programs for the prevention of child abuse and |
| 111 | neglect. |
| 112 | c. Multidisciplinary and discipline-specific training |
| 113 | programs for professionals with responsibilities affecting |
| 114 | children, young adults, and families. |
| 115 | d. Efforts to promote adoption. |
| 116 | e. Postadoptive services to support adoptive families. |
| 117 | 5. Monitor, evaluate, and review the development and |
| 118 | quality of local and statewide services and programs for the |
| 119 | promotion of adoption, support of adoptive families, and |
| 120 | prevention of child abuse and neglect and shall publish and |
| 121 | distribute an annual report of its findings on or before January |
| 122 | 1 of each year to the Governor, the Speaker of the House of |
| 123 | Representatives, the President of the Senate, the secretary of |
| 124 | each state agency affected by the report, and the appropriate |
| 125 | substantive committees of the Legislature. The report shall |
| 126 | include: |
| 127 | a. A summary of the activities of the office. |
| 128 | b. A summary of the adoption data collected and reported |
| 129 | to the federal Adoption and Foster Care Analysis and Reporting |
| 130 | System (AFCARS) and the federal Administration for Children and |
| 131 | Families. |
| 132 | c. A summary of the child abuse prevention data collected |
| 133 | and reported to the National Child Abuse and Neglect Data System |
| 134 | (NCANDS) and the federal Administration for Children and |
| 135 | Families. |
| 136 | d.b. A summary detailing the timeliness of the adoption |
| 137 | process for children adopted from within the child welfare |
| 138 | system demographic and geographic characteristics of families |
| 139 | served by the prevention programs. |
| 140 | e.c. Recommendations, by state agency, for the further |
| 141 | development and improvement of services and programs for the |
| 142 | promotion of adoption, support of adoptive families, and |
| 143 | prevention of child abuse and neglect. |
| 144 | f.d. The Budget requests, adoption promotion and support |
| 145 | needs, and child abuse prevention program needs by state agency. |
| 146 | 6. Work with the direct-support organization established |
| 147 | under s. 39.0011 to receive financial assistance. |
| 148 | (8) PLAN FOR COMPREHENSIVE APPROACH.-- |
| 149 | (a) The office shall develop a state plan for the |
| 150 | promotion of adoption, support of adoptive families, and |
| 151 | prevention of abuse, abandonment, and neglect of children and |
| 152 | shall submit the state plan to the Speaker of the House of |
| 153 | Representatives, the President of the Senate, and the Governor |
| 154 | no later than December 31, 2008 2007. The Department of Children |
| 155 | and Family Services, the Department of Corrections, the |
| 156 | Department of Education, the Department of Health, the |
| 157 | Department of Juvenile Justice, the Department of Law |
| 158 | Enforcement, the Agency for Persons with Disabilities, and the |
| 159 | Agency for Workforce Innovation shall participate and fully |
| 160 | cooperate in the development of the state plan at both the state |
| 161 | and local levels. Furthermore, appropriate local agencies and |
| 162 | organizations shall be provided an opportunity to participate in |
| 163 | the development of the state plan at the local level. |
| 164 | Appropriate local groups and organizations shall include, but |
| 165 | not be limited to, community mental health centers; guardian ad |
| 166 | litem programs for children under the circuit court; the school |
| 167 | boards of the local school districts; the Florida local advocacy |
| 168 | councils; community-based care lead agencies; private or public |
| 169 | organizations or programs with recognized expertise in working |
| 170 | with child abuse prevention programs for children and families; |
| 171 | private or public organizations or programs with recognized |
| 172 | expertise in working with children who are sexually abused, |
| 173 | physically abused, emotionally abused, abandoned, or neglected |
| 174 | and with expertise in working with the families of such |
| 175 | children; private or public programs or organizations with |
| 176 | expertise in maternal and infant health care; multidisciplinary |
| 177 | child protection teams; child day care centers; law enforcement |
| 178 | agencies; and the circuit courts, when guardian ad litem |
| 179 | programs are not available in the local area. The state plan to |
| 180 | be provided to the Legislature and the Governor shall include, |
| 181 | as a minimum, the information required of the various groups in |
| 182 | paragraph (b). |
| 183 | (b) The development of the state plan shall be |
| 184 | accomplished in the following manner: |
| 185 | 1. The office shall establish a Child Abuse Prevention and |
| 186 | Permanency Advisory Council composed of an adoptive parent who |
| 187 | has adopted a child from within the child welfare system and |
| 188 | representatives from each state agency and appropriate local |
| 189 | agencies and organizations specified in paragraph (a). The |
| 190 | advisory council shall serve as the research arm of the office |
| 191 | and shall be responsible for: |
| 192 | a. Assisting in developing a plan of action for better |
| 193 | coordination and integration of the goals, activities, and |
| 194 | funding pertaining to the promotion and support of adoption and |
| 195 | the prevention of child abuse, abandonment, and neglect |
| 196 | conducted by the office in order to maximize staff and resources |
| 197 | at the state level. The plan of action shall be included in the |
| 198 | state plan. |
| 199 | b. Assisting in providing a basic format to be utilized by |
| 200 | the districts in the preparation of local plans of action in |
| 201 | order to provide for uniformity in the district plans and to |
| 202 | provide for greater ease in compiling information for the state |
| 203 | plan. |
| 204 | c. Providing the districts with technical assistance in |
| 205 | the development of local plans of action, if requested. |
| 206 | d. Assisting in examining the local plans to determine if |
| 207 | all the requirements of the local plans have been met and, if |
| 208 | they have not, informing the districts of the deficiencies and |
| 209 | requesting the additional information needed. |
| 210 | e. Assisting in preparing the state plan for submission to |
| 211 | the Legislature and the Governor. Such preparation shall include |
| 212 | the incorporation into the state plan of information obtained |
| 213 | from the local plans, the cooperative plans with the members of |
| 214 | the advisory council, and the plan of action for coordination |
| 215 | and integration of state departmental activities. The state plan |
| 216 | shall include a section reflecting general conditions and needs, |
| 217 | an analysis of variations based on population or geographic |
| 218 | areas, identified problems, and recommendations for change. In |
| 219 | essence, the state plan shall provide an analysis and summary of |
| 220 | each element of the local plans to provide a statewide |
| 221 | perspective. The state plan shall also include each separate |
| 222 | local plan of action. |
| 223 | f. Conducting a feasibility study on the establishment of |
| 224 | a Children's Cabinet. |
| 225 | g. Working with the specified state agency in fulfilling |
| 226 | the requirements of subparagraphs 2., 3., 4., and 5. |
| 227 | 2. The office, the department, the Department of |
| 228 | Education, and the Department of Health shall work together in |
| 229 | developing ways to inform and instruct parents of school |
| 230 | children and appropriate district school personnel in all school |
| 231 | districts in the detection of child abuse, abandonment, and |
| 232 | neglect and in the proper action that should be taken in a |
| 233 | suspected case of child abuse, abandonment, or neglect, and in |
| 234 | caring for a child's needs after a report is made. The plan for |
| 235 | accomplishing this end shall be included in the state plan. |
| 236 | 3. The office, the department, the Department of Law |
| 237 | Enforcement, and the Department of Health shall work together in |
| 238 | developing ways to inform and instruct appropriate local law |
| 239 | enforcement personnel in the detection of child abuse, |
| 240 | abandonment, and neglect and in the proper action that should be |
| 241 | taken in a suspected case of child abuse, abandonment, or |
| 242 | neglect. |
| 243 | 4. Within existing appropriations, the office shall work |
| 244 | with other appropriate public and private agencies to emphasize |
| 245 | efforts to educate the general public about the problem of and |
| 246 | ways to detect child abuse, abandonment, and neglect and in the |
| 247 | proper action that should be taken in a suspected case of child |
| 248 | abuse, abandonment, or neglect. The plan for accomplishing this |
| 249 | end shall be included in the state plan. |
| 250 | 5. The office, the department, the Department of |
| 251 | Education, and the Department of Health shall work together on |
| 252 | the enhancement or adaptation of curriculum materials to assist |
| 253 | instructional personnel in providing instruction through a |
| 254 | multidisciplinary approach on the identification, intervention, |
| 255 | and prevention of child abuse, abandonment, and neglect. The |
| 256 | curriculum materials shall be geared toward a sequential program |
| 257 | of instruction at the four progressional levels, K-3, 4-6, 7-9, |
| 258 | and 10-12. Strategies for encouraging all school districts to |
| 259 | utilize the curriculum are to be included in the state plan for |
| 260 | the prevention of child abuse, abandonment, and neglect. |
| 261 | 6. Each district of the department shall develop a plan |
| 262 | for its specific geographical area. The plan developed at the |
| 263 | district level shall be submitted to the advisory council for |
| 264 | utilization in preparing the state plan. The district local plan |
| 265 | of action shall be prepared with the involvement and assistance |
| 266 | of the local agencies and organizations listed in this |
| 267 | paragraph, as well as representatives from those departmental |
| 268 | district offices participating in the promotion of adoption, |
| 269 | support of adoptive families, and treatment and prevention of |
| 270 | child abuse, abandonment, and neglect. In order to accomplish |
| 271 | this, the office shall establish a task force on the promotion |
| 272 | of adoption, support of adoptive families, and prevention of |
| 273 | child abuse, abandonment, and neglect. The office shall appoint |
| 274 | the members of the task force in accordance with the membership |
| 275 | requirements of this section. The office shall ensure that |
| 276 | individuals from both urban and rural areas and an adoptive |
| 277 | parent who has adopted a child from within the child welfare |
| 278 | system are represented on the task force. The task force shall |
| 279 | develop a written statement clearly identifying its operating |
| 280 | procedures, purpose, overall responsibilities, and method of |
| 281 | meeting responsibilities. The district plan of action to be |
| 282 | prepared by the task force shall include, but shall not be |
| 283 | limited to: |
| 284 | a. Documentation of the magnitude of the problems of child |
| 285 | abuse, including sexual abuse, physical abuse, and emotional |
| 286 | abuse, and child abandonment and neglect in its geographical |
| 287 | area. |
| 288 | b. A description of programs currently serving abused, |
| 289 | abandoned, and neglected children and their families and a |
| 290 | description of programs for the prevention of child abuse, |
| 291 | abandonment, and neglect, including information on the impact, |
| 292 | cost-effectiveness, and sources of funding of such programs. |
| 293 | c. Information concerning the number of children within |
| 294 | the child welfare system available for adoption who need child- |
| 295 | specific adoption promotion efforts. |
| 296 | d. A description of programs currently promoting and |
| 297 | supporting adoptive families, including information on the |
| 298 | impact, cost-effectiveness, and sources of funding of such |
| 299 | programs. |
| 300 | e. A description of a comprehensive approach for providing |
| 301 | postadoption services. The continuum of services shall include, |
| 302 | but not be limited to, sufficient and accessible parent and teen |
| 303 | support groups; case management, information, and referral |
| 304 | services; and educational advocacy. |
| 305 | f.c. A continuum of programs and services necessary for a |
| 306 | comprehensive approach to the promotion of adoption and the |
| 307 | prevention of all types of child abuse, abandonment, and neglect |
| 308 | as well as a brief description of such programs and services. |
| 309 | g.d. A description, documentation, and priority ranking of |
| 310 | local needs related to the promotion of adoption, support of |
| 311 | adoptive families, and prevention of child abuse, abandonment, |
| 312 | and neglect prevention based upon the continuum of programs and |
| 313 | services. |
| 314 | h.e. A plan for steps to be taken in meeting identified |
| 315 | needs, including the coordination and integration of services to |
| 316 | avoid unnecessary duplication and cost, and for alternative |
| 317 | funding strategies for meeting needs through the reallocation of |
| 318 | existing resources, utilization of volunteers, contracting with |
| 319 | local universities for services, and local government or private |
| 320 | agency funding. |
| 321 | i.f. A description of barriers to the accomplishment of a |
| 322 | comprehensive approach to the promotion of adoption, support of |
| 323 | adoptive families, and prevention of child abuse, abandonment, |
| 324 | and neglect. |
| 325 | j.g. Recommendations for changes that can be accomplished |
| 326 | only at the state program level or by legislative action. |
| 327 | (9) FUNDING AND SUBSEQUENT PLANS.-- |
| 328 | (a) All budget requests submitted by the office, the |
| 329 | department, the Department of Health, the Department of |
| 330 | Education, the Department of Juvenile Justice, the Department of |
| 331 | Corrections, the Agency for Persons with Disabilities, the |
| 332 | Agency for Workforce Innovation, or any other agency to the |
| 333 | Legislature for funding of efforts for the promotion of |
| 334 | adoption, support of adoptive families, and prevention of child |
| 335 | abuse, abandonment, and neglect shall be based on the state plan |
| 336 | developed pursuant to this section. |
| 337 | (b) The office and the other agencies and organizations |
| 338 | listed in paragraph (8)(a) shall readdress the state plan and |
| 339 | make necessary revisions every 5 years, at a minimum. Such |
| 340 | revisions shall be submitted to the Speaker of the House of |
| 341 | Representatives and the President of the Senate no later than |
| 342 | June 30 of each year divisible by 5. At least biennially, the |
| 343 | office shall review the state plan and make any necessary |
| 344 | revisions based on changing needs and program evaluation |
| 345 | results. An annual progress report shall be submitted to update |
| 346 | the state plan in the years between the 5-year intervals. In |
| 347 | order to avoid duplication of effort, these required plans may |
| 348 | be made a part of or merged with other plans required by either |
| 349 | the state or Federal Government, so long as the portions of the |
| 350 | other state or Federal Government plan that constitute the state |
| 351 | plan for the promotion of adoption, support of adoptive |
| 352 | families, and prevention of child abuse, abandonment, and |
| 353 | neglect are clearly identified as such and are provided to the |
| 354 | Speaker of the House of Representatives and the President of the |
| 355 | Senate as required above. |
| 356 | Section 2. Section 39.0011, Florida Statutes, is created |
| 357 | to read: |
| 358 | 39.0011 Direct-support organization.-- |
| 359 | (1) The Office of Adoption and Child Protection may |
| 360 | establish a direct-support organization to assist the state in |
| 361 | carrying out its purposes and responsibilities regarding the |
| 362 | promotion of adoption, support of adoptive families, and |
| 363 | prevention of child abuse, abandonment, and neglect by raising |
| 364 | money; submitting requests for and receiving grants from the |
| 365 | Federal Government, the state or its political subdivisions, |
| 366 | private foundations, and individuals; and making expenditures to |
| 367 | or for the benefit of the office. The sole purpose for the |
| 368 | direct-support organization is to support the office. Such a |
| 369 | direct-support organization is an organization that is: |
| 370 | (a) Incorporated under chapter 617 and approved by the |
| 371 | Department of State as a Florida corporation not for profit; |
| 372 | (b) Organized and operated to make expenditures to or for |
| 373 | the benefit of the office; and |
| 374 | (c) Approved by the office to be operating for the benefit |
| 375 | of and in a manner consistent with the goals of the office and |
| 376 | in the best interest of the state. |
| 377 | (2) The number of members on the board of directors of the |
| 378 | direct-support organization shall be determined by the Chief |
| 379 | Child Advocate. Membership on the board of directors of the |
| 380 | direct-support organization shall include, but not be limited |
| 381 | to, a guardian ad litem; a member of a local advocacy council; a |
| 382 | representative from a community-based care lead agency; a |
| 383 | representative from a private or public organization or program |
| 384 | with recognized expertise in working with child abuse prevention |
| 385 | programs for children and families; a representative of a |
| 386 | private or public organization or program with recognized |
| 387 | expertise in working with children who are sexually abused, |
| 388 | physically abused, emotionally abused, abandoned, or neglected |
| 389 | and with expertise in working with the families of such |
| 390 | children; an individual working at a state adoption agency; and |
| 391 | the parent of a child adopted from within the child welfare |
| 392 | system. |
| 393 | (3) The direct-support organization shall operate under |
| 394 | written contract with the office. |
| 395 | (4) All moneys received by the direct-support organization |
| 396 | shall be deposited into an account of the direct-support |
| 397 | organization and shall be used by the organization in a manner |
| 398 | consistent with the goals of the office. |
| 399 | Section 3. Section 39.0014, Florida Statutes, is amended |
| 400 | to read: |
| 401 | 39.0014 Responsibilities of public agencies.--All state, |
| 402 | county, and local agencies shall cooperate, assist, and provide |
| 403 | information to the Office of Adoption and Child Protection Abuse |
| 404 | Prevention and the department as will enable them to fulfill |
| 405 | their responsibilities under this chapter. |
| 406 | Section 4. Subsection (45) of section 39.01, Florida |
| 407 | Statutes, is amended to read: |
| 408 | 39.01 Definitions.--When used in this chapter, unless the |
| 409 | context otherwise requires: |
| 410 | (45) "Office" means the Office of Adoption and Child |
| 411 | Protection Abuse Prevention within the Executive Office of the |
| 412 | Governor. |
| 413 | Section 5. Section 409.166, Florida Statutes, is amended |
| 414 | to read: |
| 415 | 409.166 Children within the child welfare system Special |
| 416 | needs children; subsidized adoption assistance program.-- |
| 417 | (1) LEGISLATIVE INTENT.--It is the intent of the |
| 418 | Legislature to protect and promote each every child's right to |
| 419 | the security and stability of a permanent family home. The |
| 420 | Legislature intends to make adoption assistance, including |
| 421 | financial aid, available to prospective adoptive parents to |
| 422 | financial aid which will enable them to adopt a child in the |
| 423 | state's foster care system who, because of his or her special |
| 424 | needs, has proven difficult to place in an adoptive home. In |
| 425 | providing subsidies for children with special needs in foster |
| 426 | homes, it is the intent of the Legislature to reduce state |
| 427 | expenditures for long-term foster care. It is also the intent of |
| 428 | the Legislature that placement without subsidy be the placement |
| 429 | of choice unless it can be shown that such placement is not in |
| 430 | the best interest of the child. |
| 431 | (2) DEFINITIONS.--As used in this section, the term: |
| 432 | (a) "Special needs child" means: |
| 433 | 1. A child whose permanent custody has been awarded to the |
| 434 | department or to a licensed child-placing agency; and |
| 435 | 2.1. A child who has established significant emotional |
| 436 | ties with his or her foster parents; or |
| 437 | 2. is not likely to be adopted because he or she is: |
| 438 | a. Eight years of age or older; |
| 439 | b. Developmentally disabled Mentally retarded; |
| 440 | c. Physically or emotionally handicapped; |
| 441 | d. Of black or racially mixed parentage; or |
| 442 | e. A member of a sibling group of any age, provided two or |
| 443 | more members of a sibling group remain together for purposes of |
| 444 | adoption; and |
| 445 | 3. Except when the child is being adopted by the child's |
| 446 | foster parents or relative caregivers, a child for whom a |
| 447 | reasonable but unsuccessful effort has been made to place the |
| 448 | child without providing a maintenance subsidy. |
| 449 | (b) "Adoption assistance" means financial assistance and |
| 450 | services provided to a child and his or her adoptive family. |
| 451 | Such assistance may include a maintenance subsidy, medical |
| 452 | assistance, Medicaid assistance, and reimbursement of |
| 453 | nonrecurring expenses associated with the legal adoption. The |
| 454 | term also includes a tuition exemption at a postsecondary career |
| 455 | program, community college, or state university, and a state |
| 456 | employee adoption benefit under s. 110.152. |
| 457 | (c) "Child within the child welfare system" or "child" |
| 458 | means a special needs child and any other child who was removed |
| 459 | from the child's caregiver due to abuse or neglect and whose |
| 460 | permanent custody has been awarded to the department or to a |
| 461 | licensed child-placing agency. |
| 462 | (d)(b) "Department" means the Department of Children and |
| 463 | Family Services. |
| 464 | (e) "Licensed child-placing agency" has the same meaning |
| 465 | as in s. 39.01. |
| 466 | (f)(c) "Maintenance subsidy" means a monthly payment as |
| 467 | provided in subsection (4) special services or money payments. |
| 468 | (3) ADMINISTRATION OF PROGRAM.-- |
| 469 | (a) The department shall establish and administer an |
| 470 | adoption program for special needs children to be carried out by |
| 471 | the department or by contract with a licensed child-placing |
| 472 | agency. The program shall attempt to increase the number of |
| 473 | persons seeking to adopt special needs children and the number |
| 474 | of finalized adoptions adoption placements and shall extend |
| 475 | adoption assistance subsidies and services, when needed, to the |
| 476 | adoptive adopting parents of a special needs child. |
| 477 | (b) The department shall collect and maintain the |
| 478 | necessary data and records to evaluate the effectiveness of the |
| 479 | program in encouraging and promoting the adoption of children. |
| 480 | (4) ADOPTION ASSISTANCE.-- |
| 481 | (a)(b) A maintenance subsidy shall Authorization for |
| 482 | subsidized adoption placement is to be granted only when all |
| 483 | other resources available to a place the child in question have |
| 484 | been thoroughly explored and when it can be clearly established |
| 485 | that this is the most acceptable plan for providing permanent |
| 486 | placement for the child. The maintenance Adoption subsidy may |
| 487 | will not be used as a substitute for adoptive parent recruitment |
| 488 | or as an inducement to adopt a child who might be placed without |
| 489 | providing a subsidy through nonsubsidized means. However, it |
| 490 | shall be the policy of the department that no child be denied |
| 491 | adoption if providing a maintenance when subsidy would make |
| 492 | adoption possible. The best interest of the child shall be the |
| 493 | deciding factor in every case. This section does not Nothing |
| 494 | contained herein shall prohibit foster parents from applying to |
| 495 | adopt a special needs child placed in their care. Foster parents |
| 496 | or relative caregivers must be asked if they would adopt without |
| 497 | a maintenance subsidy. |
| 498 | (c) The department shall keep the necessary records to |
| 499 | evaluate the effectiveness of the program in encouraging and |
| 500 | promoting the adoption of special needs children. |
| 501 | (4) ELIGIBILITY FOR SERVICES.-- |
| 502 | (b)(a) The department shall provide adoption assistance |
| 503 | may pay either one or both of the following subsidies to the |
| 504 | adoptive adopting parents, subject to specific appropriation,: |
| 505 | 1. in the amount of $5,000 annually, paid on a monthly |
| 506 | basis, for the support and maintenance of a special needs child |
| 507 | until the 18th birthday of such child or, a monthly payment in |
| 508 | an amount other than $5,000 annually as determined by through |
| 509 | agreement between the adoptive parents and the department and |
| 510 | memorialized in a written agreement between the adoptive parents |
| 511 | and the department. The agreement shall take into consideration |
| 512 | the circumstances of the adoptive adopting parents and the needs |
| 513 | of the child being adopted., and The amount of subsidy may be |
| 514 | adjusted readjusted periodically based upon changes in the needs |
| 515 | of the child or circumstances of the adoptive parents. Changes |
| 516 | shall not be made without the concurrence of the adoptive |
| 517 | parents those circumstances. However, in no case shall the |
| 518 | amount of the adoption subsidy monthly payment exceed the foster |
| 519 | care maintenance payment that which would have been paid during |
| 520 | the same period if the child had been in a foster family home. |
| 521 | Such payment shall be negotiated yearly between the parents and |
| 522 | the department. |
| 523 | (c)2. The department may provide adoption assistance to |
| 524 | the adoptive parents, subject to specific appropriation, for |
| 525 | medical assistance initiated after the adoption of the child for |
| 526 | medical, surgical, hospital, and related services needed as a |
| 527 | result of a physical or mental condition of the child which |
| 528 | existed before the adoption and is not covered by Medicaid, |
| 529 | Children's Medical Services, or Children's Mental Health |
| 530 | Services. Such assistance, a subsidy which may be initiated at |
| 531 | any time but shall terminate on or before the child's 18th |
| 532 | birthday. |
| 533 | (5) ELIGIBILITY FOR SERVICES.-- |
| 534 | (a)(b) As a condition of providing adoption assistance |
| 535 | under this section for continuation of the subsidy, the adoptive |
| 536 | parents must enter into an adoption-assistance agreement with |
| 537 | the department which specifies the financial assistance and |
| 538 | other services to be provided shall file a sworn statement with |
| 539 | the department at least once each year to include any social or |
| 540 | financial conditions which may have changed. |
| 541 | (b)(c) A child who is handicapped at the time of adoption |
| 542 | shall be eligible for services through of the Division of |
| 543 | Children's Medical Services network established under part I of |
| 544 | chapter 391 if the child was eligible for such services prior to |
| 545 | the adoption. |
| 546 | (6)(5) WAIVER OF ADOPTION FEES.--The adoption fees shall |
| 547 | be waived for all adoptive parents who participate in the |
| 548 | program who adopt children in the custody of the department. |
| 549 | Fees may be waived for families who adopt children in the |
| 550 | custody of a licensed child-placing agency agencies or who adopt |
| 551 | children through independent adoptions, and who receive or may |
| 552 | be eligible for maintenance subsidies through the department. |
| 553 | Retroactive reimbursement of fees is may not be required for |
| 554 | families who adopt children in the custody of licensed child- |
| 555 | placing agencies. |
| 556 | (7)(6) REIMBURSEMENT FOR EXPENSES.--The department is |
| 557 | authorized to reimburse, retroactive to January 1, 1987, up to |
| 558 | $1,000 in nonrecurring expenses related to the adoption of a |
| 559 | child which have been incurred by adoptive parents who |
| 560 | participate in the program for up to $1,000 in nonrecurring |
| 561 | expenses the parents incurred relating to the adoption. For |
| 562 | purposes of this subsection, "nonrecurring expenses" means one- |
| 563 | time expenses, such as attorney's fees, court costs, birth |
| 564 | certificate fees, travel expenses, agency fees, and physical |
| 565 | examination fees. |
| 566 | (8)(7) RULES.--The department shall adopt promulgate all |
| 567 | necessary rules to administer implement the provisions of this |
| 568 | section. |
| 569 | Section 6. The sum of $2,991,305 in recurring funds from |
| 570 | the General Revenue Fund, $2,335,445 in recurring funds from the |
| 571 | Federal Grants Trust Fund, and $346,772 in recurring funds from |
| 572 | the Welfare Transition Trust Fund are appropriated to the |
| 573 | Department of Children and Family Services for the purpose of |
| 574 | providing maintenance subsidies as provided in s. 409.166, |
| 575 | Florida Statutes. |
| 576 | Section 7. This act shall take effect July 1, 2007. |