1

A bill to be entitled

2

An act relating to relative caretakers; amending s.

3

39.5085, F.S.; revising the term relative caretaker to

4

include all persons related by blood, marriage, or

5

adoption to the parent or stepparent of a child; amending

6

ss. 414.0252 and 414.095, F.S.; conforming provisions to

7

changes made by the act; providing an effective date.

8

9

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

10

11

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

12

39.5085, Florida Statutes, is amended to read:

13

     39.5085  Relative Caregiver Program.--

14

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

15

establish and operate the Relative Caregiver Program pursuant to

16

eligibility guidelines established in this section as further

17

implemented by rule of the department. The Relative Caregiver

18

Program shall, within the limits of available funding, provide

19

financial assistance to:

20

     1. Relatives who are related within the fifth degree by

21

blood, or marriage, or adoption to the parent or stepparent of a

22

child and who are caring full-time for that dependent child in

23

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

24

determination of child abuse, neglect, or abandonment and

25

subsequent placement with the relative under this chapter.

26

     2. Relatives who are related within the fifth degree by

27

blood, or marriage, or adoption to the parent or stepparent of a

28

child and who are caring full-time for that dependent child, and

29

a dependent half-brother or half-sister of that dependent child,

30

in the role of substitute parent as a result of a court's

31

determination of child abuse, neglect, or abandonment and

32

subsequent placement with the relative under this chapter.

33

34

The placement may be court-ordered temporary legal custody to the

35

relative under protective supervision of the department pursuant

36

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

37

relative as a permanency option under s. 39.6221 or s. 39.6231 or

38

under former s. 39.622 if the placement was made before July 1,

39

2006. The Relative Caregiver Program shall offer financial

40

assistance to caregivers who are relatives and who would be

41

unable to serve in that capacity without the relative caregiver

42

payment because of financial burden, thus exposing the child to

43

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

44

     Section 2.  Subsection (11) of section 414.0252, Florida

45

Statutes, is amended to read:

46

     414.0252  Definitions.--As used in ss. 414.025-414.55, the

47

term:

48

     (11)  "Relative caretaker" or "caretaker relative" means an

49

adult who has assumed the primary responsibility of caring for a

50

minor child and who is related to the parent or stepparent of the

51

child by blood, or marriage, or adoption.

52

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

53

414.095, Florida Statutes, is amended to read:

54

     414.095  Determining eligibility for temporary cash

55

assistance.--

56

     (2)  ADDITIONAL ELIGIBILITY REQUIREMENTS.--

57

     (a)  To be eligible for services or temporary cash

58

assistance and Medicaid:

59

     1.  An applicant must be a United States citizen, or a

60

qualified noncitizen, as defined in this section.

61

     2.  An applicant must be a legal resident of the state.

62

     3.  Each member of a family must provide to the department

63

the member's social security number or shall provide proof of

64

application for a social security number. An individual who fails

65

to provide a social security number, or proof of application for

66

a social security number, is not eligible to participate in the

67

program.

68

     4.  A minor child must reside with a custodial parent or

69

parents, with a relative caretaker, or with a half-sibling who is

70

residing with a relative caretaker who is within the specified

71

degree of blood relationship as defined by 45 C.F.R. part 233,

72

or, if the minor is a teen parent with a child, in a setting

73

approved by the department as provided in subsection (14).

74

     5.  Each family must have a minor child and meet the income

75

and resource requirements of the program. All minor children who

76

live in the family, as well as the parents of the minor children,

77

shall be included in the eligibility determination unless

78

specifically excluded.

79

     Section 4.  This act shall take effect July 1, 2008.