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. |