HB 893 — Child Welfare Placements

The child must be involved in the preparation of the plan to the maximum feasible extent consistent with his or her ability to Page 5of 8 CODING:

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The child must be involved in the preparation of the plan to the maximum feasible extent consistent with his or her ability to understand and participate, and the guardian ad litem and the child's foster parents must be involved to the maximum extent consistent with the child's treatment needs.

The residential treatment program must continue to Pageevaluate 6ofthe 16child's CODING:treatment progress every 30 days thereafter and must include its findings in a written report submitted to the department.

The department may not reimburse a facility until the facility has submitted every written report that is due.

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hb0893-02-c2hb0893-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB893CS/HB893 2022 evaluate(g)1. the child's treatment progress every 30 days thereafter and must include its findings in a written report submitted to the department.

The department may not reimburse a facility until the facility has submitted every written report that is due.

(g)1.

Page(h) 7ofAfter 16the CODING:initial 60-day review, the court must conduct a review of the child's residential treatment plan every 90 days.

(i) The department may adopt rules to administer this subsection must adopt rules for implementing timeframes for the Page 7of 8 CODING:

hb0893-02-c2hb0893-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB893CS/HB893 2022 (h)completion Afterof thesuitability initialassessments 60-dayby review,qualified theevaluators courtand musta conductprocedure athat includes timeframes for completing the 60- day independent review by the qualified evaluators of the child's residentialprogress toward achieving the goals and objectives of the treatment plan everywhich 90review days.must be submitted to the court.

(i) The department must adopt rules for implementing timeframes for the completion of suitability assessments by qualified evaluators and a procedure that includes timeframes for completing the 60-day independent review by the qualified evaluators of the child's progress toward achieving the goals and objectives of the treatment plan which review must be submitted to the court.

Subsection (1) of section 63.207, Florida Statutes, is amended to read:

63.207 Out-of-state placement.— (1) Unless the parent placing a minor for adoption files an affidavit that the parent chooses to place the minor outside the state, giving the reason for that placement, or the minor is to be placed with a relative or with a stepparent, or the minor is a difficult to place special needs child, as defined in s.

409.166(2) s.

409.166, or for other good cause shown, an adoption entity may not:

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hb0893-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB893 2022 (a) Take or send a minor out of the state for the purpose of placement for adoption;

or (b) Place or attempt to place a minor for the purpose of adoption with a family who primarily lives and works outside Florida in another state.

If an adoption entity is acting under this subsection, the adoption entity must file a petition for declaratory statement pursuant to s.

63.102 for prior approval of fees and costs.

The court shall review the costs pursuant to s.

63.097.

The petition for declaratory statement must be converted to a petition for an adoption upon placement of the minor in the home.

When a minor is placed for adoption with prospective adoptive parents who primarily live and work outside this state, the circuit court in this state may retain jurisdiction over the matter until the adoption becomes final.

The prospective adoptive parents may finalize the adoption in this state.

Section 3.

Paragraph (b) of subsection (1) and subsection (3) of section 258.0142, Florida Statutes, are amended to read:

258.0142 Foster and adoptive family state park fee discounts.— (1) To promote awareness of the contributions made by foster families and adoptive families to the vitality of the state, the Division of Recreation and Parks shall provide the following discounts on state park fees to persons who present written documentation satisfactory to the division which Page 9of 16 CODING:

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hb0893-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB893 2022 evidences their eligibility for the discounts:

(b) Families who adopt a difficult to place special needs child as described in s.

409.166(2)(d)2.

s.

409.166(2)(a)2.

from the Department of Children and Families shall receive a one-time family annual entrance pass at no charge at the time of the adoption.

(3) The division shall continue its partnership with the Department of Children and Families to promote fostering and adoption of difficult to place special needs children with events held each year during National Foster Care Month and National Adoption Month.

Section 4.

Subsection (2) of section 409.166, Florida Statutes, is reordered and amended to read:

409.166 Children within the child welfare system;

adoption assistance program.— (2) DEFINITIONS.—As used in this section, the term:

(a)(b) "Adoption assistance" means financial assistance and services provided to a child and his or her adoptive family.

Such assistance may include a maintenance subsidy, medical assistance, Medicaid assistance, and reimbursement of nonrecurring expenses associated with the legal adoption.

The term also includes a tuition exemption at a postsecondary career program, community college, or state university.

(b)(c) "Child within the child welfare system" or "child" means a difficult to place special needs child and any other Page 10 of16 CODING:

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hb0893-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB893 2022 child who was removed from the child's caregiver due to abuse or neglect and whose permanent custody has been awarded to the department or to a licensed child-placing agency.

(c)(d) "Department" means the Department of Children and Families.

(d)(a) "Difficult to place Special needs child" means:

1.

A child whose permanent custody has been awarded to the department or to a licensed child-placing agency;

2.

A child who has established significant emotional ties with his or her foster parents or is not likely to be adopted because he or she is:

a.

Eight years of age or older;

b.

Developmentally disabled;

c.

Physically or emotionally handicapped;

d.

A member of a racial group that is disproportionately represented among children described in subparagraph 1.

Of black or racially mixed parentage;

or e.

A member of a sibling group of any age, provided two or more members of a sibling group remain together for purposes of adoption;

and 3.

Except when the child is being adopted by the child's foster parents or relative caregivers, a child for whom a reasonable but unsuccessful effort has been made to place the child without providing a maintenance subsidy.

(e) "Licensed child-placing agency" has the same meaning Page 11 of16 CODING:

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hb0893-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB893 2022 as in s.

39.01.

(f) "Maintenance subsidy" means a monthly payment as provided in subsection (4).

Section 5.

Paragraph (a) of subsection (1) and subsection (2) of section 409.1664, Florida Statutes, are amended to read:

409.1664 Adoption benefits for qualifying adoptive employees of state agencies, veterans, and servicemembers.— (1) As used in this section, the term:

(a) "Child within the child welfare system" has the same meaning as provided in s.

409.166(2) s.

409.166.

(2) A qualifying adoptive employee, veteran, or servicemember who adopts a child within the child welfare system who is difficult to place as has special needs described in s.

409.166(2)(d)2.

s.

409.166(2)(a)2.

is eligible to receive a lump-sum monetary benefit in the amount of $10,000 per such child, subject to applicable taxes.

A qualifying adoptive employee, veteran, or servicemember who adopts a child within the child welfare system who is not difficult to place as does not have special needs described in s.

409.166(2)(d)2.

s.

409.166(2)(a)2.

is eligible to receive a lump-sum monetary benefit in the amount of $5,000 per such child, subject to applicable taxes.

A qualifying adoptive employee of a charter school or the Florida Virtual School may retroactively apply for the monetary benefit provided in this subsection if such employee was employed by a charter school or the Florida Virtual Page 12 of16 CODING:

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hb0893-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB893 2022 School when he or she adopted a child within the child welfare system pursuant to chapter 63 on or after July 1, 2015.

A veteran or servicemember may apply for the monetary benefit provided in this subsection if he or she is domiciled in this state and adopts a child within the child welfare system pursuant to chapter 63 on or after July 1, 2020.

(a) Benefits paid to a qualifying adoptive employee who is a part-time employee must be prorated based on the qualifying adoptive employee's full-time equivalency at the time of applying for the benefits.

(b) Monetary benefits awarded under this subsection are limited to one award per adopted child within the child welfare system.

(c) The payment of a lump-sum monetary benefit for adopting a child within the child welfare system under this section is subject to a specific appropriation to the department for such purpose.

Section 6.

Paragraph (b) of subsection (1) of section 414.045, Florida Statutes, is amended to read:

414.045 Cash assistance program.—Cash assistance families include any families receiving cash assistance payments from the state program for temporary assistance for needy families as defined in federal law, whether such funds are from federal funds, state funds, or commingled federal and state funds.

Cash assistance families may also include families receiving cash Page 13 of16 CODING:

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hb0893-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB893 2022 assistance through a program defined as a separate state program.

(1) For reporting purposes, families receiving cash assistance shall be grouped into the following categories.

The department may develop additional groupings in order to comply with federal reporting requirements, to comply with the data- reporting needs of the state board as defined in s.

445.002, or to better inform the public of program progress.

(b) Child-only cases.—Child-only cases include cases that do not have an adult or teen head of household as defined in federal law.

Such cases include:

1.

Children in the care of caretaker relatives, if the caretaker relatives choose to have their needs excluded in the calculation of the amount of cash assistance.

2.

Families in the Relative Caregiver Program as provided in s.

39.5085.

3.

Families in which the only parent in a single-parent family or both parents in a two-parent family receive supplemental security income (SSI) benefits under Title XVI of the Social Security Act, as amended.

To the extent permitted by federal law, individuals receiving SSI shall be excluded as household members in determining the amount of cash assistance, and such cases shall not be considered families containing an adult.

Parents or caretaker relatives who are excluded from the cash assistance group due to receipt of SSI may choose to Page 14 of16 CODING:

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hb0893-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB893 2022 participate in work activities.

An individual whose ability to participate in work activities is limited who volunteers to participate in work activities shall be assigned to work activities consistent with such limitations.

An individual who volunteers to participate in a work activity may receive child care or support services consistent with such participation.

4.

Families in which the only parent in a single-parent family or both parents in a two-parent family are not eligible for cash assistance due to immigration status or other limitation of federal law.

To the extent required by federal law, such cases shall not be considered families containing an adult.

5.

To the extent permitted by federal law and subject to appropriations, difficult to place special needs children who have been adopted pursuant to s.

409.166 and whose adopting family qualifies as a needy family under the state program for temporary assistance for needy families.

Notwithstanding any provision to the contrary in s.

414.075, s.

414.085, or s.

414.095, a family shall be considered a needy family if:

a.

The family is determined by the department to have an income below 200 percent of the federal poverty level;

b.

The family meets the requirements of s.

414.095(2) and (3) related to residence, citizenship, or eligible noncitizen status;

and c.

The family provides any information that may be Page 15 of16 CODING:

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hb0893-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB893 2022 necessary to meet federal reporting requirements specified under Part A of Title IV of the Social Security Act.

6.

Families in the Guardianship Assistance Program as provided in s.

39.6225.

Families described in subparagraph 1., subparagraph 2., or subparagraph 3.

may receive child care assistance or other supports or services so that the children may continue to be cared for in their own homes or in the homes of relatives.

Such assistance or services may be funded from the temporary assistance for needy families block grant to the extent permitted under federal law and to the extent funds have been provided in the General Appropriations Act.

Section 7.

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