Senate Bill sb7088pb

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7088

    FOR CONSIDERATION By the Committee on Children, Families, and
    Elder Affairs




    586-1471-07

  1                      A bill to be entitled

  2         An act relating to the Department of Children

  3         and Family Services; amending ss.110.152 and

  4         409.166, F.S.; redefining the term "special

  5         needs child"; revising provisions relating to

  6         the adoption of children with special needs;

  7         revising and adding definitions; distinguishing

  8         between subsidies and adoption assistance;

  9         providing for an adoption-assistance agreement;

10         repealing s. 414.32(1), F.S.; eliminating the

11         requirement that a parent or caretaker relative

12         receiving food stamps or temporary cash

13         assistance cooperate with the child support

14         enforcement program; amending s. 414.41, F.S.;

15         providing that the department may waive

16         recovery of Medicaid overpayments that are

17         caused by error on the part of the department;

18         amending s. 409.2572, F.S.; conforming a

19         cross-reference; providing an effective date.

20  

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

22  

23         Section 1.  Subsection (1) of section 110.152, Florida

24  Statutes, is amended to read:

25         110.152  Adoption benefits for state employees;

26  parental leave.--

27         (1)(a)  Any full-time or part-time employee of the

28  state who is paid from regular salary appropriations and who

29  adopts a special-needs child, as defined in s. 409.166

30  paragraph (b), is eligible to receive a monetary benefit in

31  the amount of $10,000 per child, which is payable in equal

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7088
    586-1471-07




 1  monthly installments over a 1-year period. Any employee of the

 2  state who adopts a child whose permanent custody has been

 3  awarded to the Department of Children and Family Services or

 4  to a Florida-licensed child-placing agency, other than a

 5  special-needs child as defined in paragraph (b), shall be

 6  eligible to receive a monetary benefit in the amount of $5,000

 7  per child, which is payable in equal monthly installments over

 8  a 1-year period. Benefits paid under this subsection to a

 9  part-time employee must be prorated based on the employee's

10  full-time-equivalency status at the time of applying for the

11  benefits.

12         (b)  For purposes of this section, a "special-needs

13  child" is a child whose permanent custody has been awarded to

14  the Department of Children and Family Services or to a

15  Florida-licensed child-placing agency and who is not likely to

16  be adopted because he or she is:

17         1.  Eight years of age or older.

18         2.  A person with a developmental disability.

19         3.  A person with a physical or emotional handicap.

20         4.  Of a minority race or of a racially mixed heritage.

21         5.  A member of a sibling group of any age, provided

22  that two or more members of a sibling group remain together

23  for the purposes of adoption.

24         Section 2.  Section 409.166, Florida Statutes, is

25  amended to read:

26         409.166  Special needs children; subsidized adoption

27  assistance program.--

28         (1)  LEGISLATIVE INTENT.--It is the intent of the

29  Legislature to protect and promote each every child's right to

30  the security and stability of a permanent family home. The

31  Legislature intends to make adoption assistance, including

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7088
    586-1471-07




 1  financial aid, available to prospective adoptive parents to

 2  financial aid which will enable them to adopt a child in the

 3  state's foster care system who, because of his or her special

 4  needs, has proven difficult to place in an adoptive home. In

 5  providing such assistance subsidies for children with special

 6  needs in foster homes, it is the intent of the Legislature to

 7  reduce state expenditures for long-term foster care. It is

 8  also the intent of the Legislature that placement without

 9  subsidy be the placement of choice unless it can be shown that

10  such placement is not in the best interest of the child.

11         (2)  DEFINITIONS.--As used in this section, the term:

12         (a)  "Special needs child" means:

13         1.  A child whose permanent custody has been awarded to

14  the department or to a licensed child-placing agency; and

15         2.1.  A child who has established significant emotional

16  ties with his or her foster parents; or

17         2.  is not likely to be adopted because he or she is:

18         a.  Eight years of age or older;

19         b.  Developmentally disabled Mentally retarded;

20         c.  Physically or emotionally handicapped;

21         d.  Of black or racially mixed parentage; or

22         e.  A member of a sibling group of any age, provided

23  two or more members of a sibling group remain together for

24  purposes of adoption; and.

25         3.  Except when the child is being adopted by the

26  child's foster parents or relative caregivers, a reasonable,

27  but unsuccessful effort has been made to place the child

28  without providing a maintenance subsidy.

29         (b)  "Adoption assistance" means financial assistance

30  and services provided to a special needs child and his or her

31  adoptive family. Such assistance may include a maintenance

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7088
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 1  subsidy, medical assistance, Medicaid assistance, and

 2  reimbursement of nonrecurring expenses associated with the

 3  legal adoption. The term also includes a tuition exemption at

 4  a postsecondary career program, community college, or state

 5  university, and a state employee adoption benefit under s.

 6  110.152.

 7         (c)(b)  "Department" means the Department of Children

 8  and Family Services.

 9         (d)  "Licensed child-placing agency" has the same

10  meaning as in s. 39.01.

11         (e)(c)  "Maintenance subsidy" means a monthly payment

12  as provided in subsection (4) special services or money

13  payments.

14         (3)  ADMINISTRATION OF PROGRAM.--

15         (a)  The department shall establish and administer an

16  adoption program for special needs children to be carried out

17  by the department or by contract with a licensed child-placing

18  agency. The program shall attempt to increase the number of

19  persons seeking to adopt special needs children and the number

20  of finalized adoptions adoption placements and shall extend

21  adoption assistance subsidies and services, when needed, to

22  the adopting parents of a special needs child.

23         (b)  The department shall collect and maintain the

24  necessary data and records to evaluate the effectiveness of

25  the program in encouraging and promoting the adoption of

26  special needs children.

27         (4)  MAINTENANCE SUBSIDY.--

28         (a)  A maintenance subsidy shall

29         (b)  Authorization for subsidized adoption placement is

30  to be granted only when all other resources available to a

31  place the child in question have been thoroughly explored and

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7088
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 1  when it can be clearly established that this is the most

 2  acceptable plan for providing permanent placement for the

 3  child. The maintenance Adoption subsidy must will not be used

 4  as a substitute for adoptive parent recruitment or as an

 5  inducement to adopting adopt a child who might be placed

 6  without providing a subsidy through nonsubsidized means.

 7  However, it shall be the policy of the department that no

 8  child be denied adoption if providing a maintenance when

 9  subsidy would make adoption possible. The best interest of the

10  child must shall be the deciding factor in every case. This

11  section does not Nothing contained herein shall prohibit

12  foster parents from applying to adopt a special needs child

13  placed in their care. Foster parents or relative caregivers

14  must be asked if they would adopt without a maintenance

15  subsidy.

16         (c)  The department shall keep the necessary records to

17  evaluate the effectiveness of the program in encouraging and

18  promoting the adoption of special needs children.

19         (4)  ELIGIBILITY FOR SERVICES.--

20         (b)(a)  The department may pay either one or both of

21  the following maintenance subsidies to the adopting parents:

22         1.  A monthly payment for the For support and

23  maintenance of a special needs child until the 18th birthday

24  of such child, a monthly payment in an amount determined

25  through agreement between the adoptive parents and the

26  department.  The agreement shall take into consideration the

27  circumstances of the adopting parents and the needs of the

28  child being adopted., and The amount of the subsidy may be

29  adjusted readjusted periodically based upon changes in the

30  needs of the child or circumstances of the adoptive parents.

31  Changes may not be made without the concurrence of the

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7088
    586-1471-07




 1  adoptive parents. those circumstances. However, in no case

 2  shall the amount of the adoption subsidy monthly payment may

 3  not exceed the foster care maintenance payment that which

 4  would have been paid during the same period if the child had

 5  been in a foster family home. Such payment shall be negotiated

 6  yearly between the parents and the department.

 7         2.  A maintenance subsidy initiated after the adoption

 8  of the child for medical, surgical, hospital, and related

 9  services needed as a result of a physical or mental condition

10  of the child which existed before the adoption. Such, a

11  subsidy which may be initiated at any time but shall terminate

12  on or before the child's 18th birthday.

13         (5)  ELIGIBILITY FOR SERVICES.--

14         (a)(b)  As a condition of providing adoption assistance

15  under this section for continuation of the subsidy, the

16  adoptive parents must enter into an adoption-assistance

17  agreement with the department which specifies the financial

18  assistance and other services to be provided shall file a

19  sworn statement with the department at least once each year to

20  include any social or financial conditions which may have

21  changed.

22         (b)(c)  A child who is handicapped at the time of

23  adoption shall be eligible for services through of the

24  Division of Children's Medical Services network established

25  under part I of chapter 391 if the child was eligible for such

26  services prior to the adoption.

27         (6)(5)  WAIVER OF ADOPTION FEES.--The adoption fees

28  shall be waived for all adoptive parents who participate in

29  the program who adopt special needs children in the custody of

30  the department.  Fees may be waived for families who adopt

31  children in the custody of a licensed child-placing agency

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7088
    586-1471-07




 1  agencies or who adopt children through independent adoptions,

 2  and who receive or may be eligible for maintenance subsidies

 3  through the department.  Retroactive reimbursement of fees is

 4  may not be required for families who adopt children in the

 5  custody of licensed child-placing agencies.

 6         (7)(6)  REIMBURSEMENT FOR EXPENSES.--The department is

 7  authorized to reimburse, retroactive to January 1, 1987, up to

 8  $1,000 in nonrecurring expenses related to the adoption of a

 9  special needs child which have been incurred by adoptive

10  parents who participate in the program for up to $1,000 in

11  nonrecurring expenses the parents incurred relating to the

12  adoption. For purposes of this subsection, "nonrecurring

13  expenses" means one-time expenses, such as attorney's fees,

14  court costs, birth certificate fees, travel expenses, agency

15  fees, and physical examination fees.

16         (8)(7)  RULES.--The department shall adopt promulgate

17  all necessary rules to administer implement the provisions of

18  this section.

19         Section 3.  Subsection (1) of section 414.32, Florida

20  Statutes, is repealed.

21         Section 4.  Subsection (1) of section 414.41, Florida

22  Statutes, is amended to read:

23         414.41  Recovery of payments made due to mistake or

24  fraud.--

25         (1)  Whenever it becomes apparent that any person or

26  provider has received any public assistance under this chapter

27  to which she or he is not entitled, through either simple

28  mistake or fraud on the part of the department or on the part

29  of the recipient or participant, the department shall take all

30  necessary steps to recover the overpayment. Recovery may

31  include Federal Income Tax Refund Offset Program collections

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7088
    586-1471-07




 1  activities in conjunction with Food and Consumer Service and

 2  the Internal Revenue Service to intercept income tax refunds

 3  due to clients who owe food stamp or WAGES debt to the state.

 4  The department will follow the guidelines in accordance with

 5  federal rules and regulations and consistent with the Food

 6  Stamp Program. The department may make appropriate settlements

 7  and shall establish a policy and cost-effective rules to be

 8  used in the computation and recovery of such overpayments. The

 9  department may waive the recovery of Medicaid overpayments

10  that are due to a mistake on the part of the department.

11         (a)  The department will consider an individual who has

12  willfully provided false information or omitted information to

13  become or remain eligible for temporary cash assistance to

14  have committed an intentional program violation.

15         (b)  When the intentional program violation or case

16  facts do not warrant criminal prosecution for fraud as defined

17  in s. 414.39, the department will initiate an administrative

18  disqualification hearing. The administrative disqualification

19  hearing will be initiated regardless of the individual's

20  current eligibility.

21         (c)  Upon a finding through the administrative

22  disqualification hearing process that the individual did

23  commit an intentional program violation, the department will

24  impose a disqualification period consistent with those

25  established for food stamp program purposes.

26         Section 5.  Subsection (4) of section 409.2572, Florida

27  Statutes, is amended to read:

28         409.2572  Cooperation.--

29         (4)  Except as provided for in s. 414.32, The Title

30  IV-D agency shall determine whether an applicant for or

31  recipient of public assistance for a dependent child has good

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7088
    586-1471-07




 1  cause for failing to cooperate with the Title IV-D agency as

 2  required by this section.

 3         Section 6.  This act shall take effect upon becoming a

 4  law.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Revises provisions relating to the adoption of children
      with special needs to comply with federal requirements.
 9    Distinguishes between maintenance subsidies and adoption
      assistance. Provides for an adoption-assistance
10    agreement. Eliminates the requirement for cooperation
      between the Food Stamp program and Child Support
11    Enforcement. Provides that the Department of Children and
      Family Services may waive recovery of Medicaid
12    overpayments that are caused by error on the part of the
      department.
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