Bill Text: FL S0590 | 2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child Welfare
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-03-07 - Laid on Table, refer to CS/CS/HB 1435 [S0590 Detail]
Download: Florida-2018-S0590-Introduced.html
Bill Title: Child Welfare
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-03-07 - Laid on Table, refer to CS/CS/HB 1435 [S0590 Detail]
Download: Florida-2018-S0590-Introduced.html
Florida Senate - 2018 SB 590
By Senator Garcia
36-00828-18 2018590__
1 A bill to be entitled
2 An act relating to kinship care; creating s. 39.4015,
3 F.S.; providing legislative findings and intent;
4 defining terms; requiring the Department of Children
5 and Families, in collaboration with sheriffs’ offices
6 that conduct child protective investigations and
7 community-based care lead agencies, to develop a
8 statewide family finding program; requiring the
9 implementation of family finding before a specified
10 date; requiring the department and community-based
11 care lead agencies to document strategies taken to
12 engage relatives and kin; providing strategies to
13 engage relatives and kin; requiring the department and
14 community-based care lead agencies to use diligent
15 efforts in family finding; providing that a basic
16 computer search using the Internet or an attempt to
17 contact known relatives at a last known address or
18 telephone number is insufficient; requiring
19 determinations by the court; requiring the department
20 to adopt rules; amending s. 39.5085, F.S.; providing
21 legislative findings and intent; defining terms;
22 requiring the department to provide financial
23 assistance for kinship caregivers who meet certain
24 requirements; providing eligibility requirements for
25 such financial assistance; providing that children
26 living with caregivers who are receiving financial
27 assistance are eligible for Medicaid coverage;
28 providing the purpose of a kinship navigator program;
29 requiring each community-based care lead agency to
30 establish a kinship navigator program by a certain
31 date; providing requirements for programs; requiring
32 the department to adopt rules; amending s. 39.604,
33 F.S.; revising legislative findings and intent;
34 revising attendance and reporting requirements for
35 children enrolled in early education or child care
36 programs; amending s. 414.045, F.S.; conforming a
37 provision to changes made by the act; providing
38 effective dates.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Effective January 1, 2019, section 39.4015,
43 Florida Statutes, is created to read:
44 39.4015 Family finding.—
45 (1) LEGISLATIVE FINDINGS AND INTENT.—
46 (a) The Legislature finds that every child who is in out
47 of-home care has the goal of finding a permanent home, whether
48 achieved by reunifying the child with his or her parents or
49 finding another permanent connection, such as adoption or legal
50 guardianship with a relative or nonrelative who has a
51 significant relationship with the child.
52 (b) The Legislature finds that while legal permanency is
53 important to a child in out-of-home care, emotional permanency
54 helps increase the likelihood that children will achieve
55 stability and well-being and successfully transition to
56 independent adulthood.
57 (c) The Legislature also finds that research repeatedly
58 shows placing a child within their own family reduces the trauma
59 of being removed from their home, is less likely to result in
60 placement disruptions, and enhances prospects for finding a
61 permanent family if the child cannot return home.
62 (d) The Legislature further finds that the primary purpose
63 of family finding is to facilitate, through finding and engaging
64 relatives, legal and emotional permanency for children who are
65 in out-of-home care.
66 (e) It is the intent of the Legislature that every child in
67 out-of-home care be afforded the advantages that can be gained
68 from the use of family finding to locate long-term, caring,
69 permanent connections and relationships for children and youth
70 in out-of-home care, as well as to establish a long-term
71 emotional support network with family members and other adults
72 who may not be able to take the child into their home but who
73 want to stay connected with the child.
74 (2) DEFINITIONS.—As used in this section, the term:
75 (a) “Diligent efforts” means the use of methods and
76 techniques including, but not limited to, interviews with
77 immediate and extended family and kin, genograms, eco-mapping,
78 case mining, cold calls, and specialized computer searches.
79 (b) “Family finding” means an intensive relative search and
80 engagement technique to identify family and other close adults
81 for children in out-of-home care, and to involve them in
82 developing and carrying out a plan for the emotional and legal
83 permanency of a child.
84 (c) “Family group decisionmaking” means a generic term that
85 includes a number of approaches in which family members and
86 fictive kin are brought together to make decisions about how to
87 care for their children and develop a plan for services.
88 Different names used for this type of intervention include
89 family team conferencing, family team meetings, family group
90 conferencing, family team decisionmaking, family unity meetings,
91 and team decisionmaking. Approaches differ in various aspects,
92 but most consist of several phases and employ a trained
93 facilitator or coordinator.
94 (d) “Fictive kin” means an individual who is unrelated to
95 the child by either birth or marriage, but has such a close
96 emotional relationship with the child that he or she may be
97 considered part of the family.
98 (3) FAMILY FINDING PROGRAM.—The department, in
99 collaboration with sheriffs’ offices that conduct child
100 protective investigations and community-based care lead
101 agencies, shall develop a formal family finding program to be
102 implemented statewide by child protective investigators and
103 community-based care lead agencies.
104 (a) No later than January 1, 2019, family finding is
105 required as soon as a child comes to the attention of the
106 department and throughout the duration of the case. It is best
107 practice to find and engage with as many family members and
108 fictive kin as possible for each child. These individuals may
109 help with care or support for the child. The department or
110 community-based care lead agency must specifically document
111 strategies taken to locate and engage relatives and kin.
112 Strategies of engagement may include, but are not limited to,
113 asking the relatives and kin to:
114 1. Participate in a family group decisionmaking conference,
115 family team conferencing, or other family meetings aimed at
116 developing or supporting the family service plan;
117 2. Attend visitations with the child;
118 3. Assist in transportation of the child;
119 4. Provide respite or child care services; or
120 5. Provide actual kinship care.
121 (b) The department and the community-based care lead
122 agencies must use diligent efforts in family finding, must
123 continue those efforts until multiple relatives and kin are
124 identified, and must go beyond basic searching tools by
125 exploring alternative tools and methodologies. Efforts by the
126 department and the community-based care lead agency may include,
127 but are not limited to:
128 1. Searching for and locating adult relatives and kin.
129 2. Identifying and building positive connections between
130 the child and the child’s relatives and fictive kin.
131 3. Supporting the engagement of relatives and fictive kin
132 in social service planning and delivery of services and creating
133 a network of extended family support to assist in remedying the
134 concerns that led to the child becoming involved with the child
135 welfare system, when appropriate.
136 4. Maintaining family connections, when possible.
137 5. Keeping siblings together in care, when in the best
138 interests of the children and when possible.
139 (c) It is insufficient to complete only a basic computer
140 search using the Internet or attempt to contact known relatives
141 at a last known address or telephone number.
142 (d) The court’s inquiry and determination regarding family
143 finding should be made at each stage of the case, including the
144 shelter care hearing pursuant to s. 39.402. The court is to
145 place its determinations on the record as to whether the
146 department or community-based care lead agency has reasonably
147 engaged in family finding. The level of reasonableness is to be
148 determined by the length of the case and time the department or
149 community-based care lead agency has had to begin or continue
150 the process.
151 (4) RULEMAKING.—The department shall adopt rules to
152 implement this section.
153 Section 2. Effective January 1, 2019, section 39.5085,
154 Florida Statutes, is amended to read:
155 39.5085 Kinship Care Relative Caregiver Program.—
156 (1) LEGISLATIVE FINDINGS AND INTENT.—
157 (a) The Legislature finds that an increasing number of
158 relatives and fictive kin are assuming the responsibility of
159 raising children because the parents of these children are
160 unable to care for them.
161 (b) The Legislature also finds that these kinship
162 caregivers perform a vital function by providing homes for
163 children who would otherwise be at risk of foster care placement
164 and that kinship care is a crucial option in the spectrum of
165 out-of-home care available to children in need.
166 (c) The Legislature finds that children living with kinship
167 caregivers experience increased placement stability, are less
168 likely to reenter care if reunified with their parents, and have
169 better behavioral and mental health outcomes.
170 (d) The Legislature further finds that these kinship
171 caregivers may face a number of difficulties and need assistance
172 to support the health and well-being of the children they care
173 for. These needs include, but are not limited to, financial
174 assistance, legal assistance, respite care, child care, and
175 counseling.
176 (e) It is the intent of the Legislature to provide for the
177 establishment and implementation of procedures and protocols
178 that are likely to increase and adequately support appropriate
179 and safe kinship care placements.
180 (2) DEFINITIONS.—As used this section, the term:
181 (a) “Fictive kin” means an individual who is unrelated to
182 the child by either birth or marriage, but has such a close
183 emotional relationship with the child that he or she may be
184 considered part of the family.
185 (b) “Kinship care” means the full-time care of a child
186 placed in out-of-home care by the court in the home of a
187 relative or fictive kin.
188 (c) “Kinship navigator” means a statewide program designed
189 to ensure that kinship caregivers are provided with necessary
190 resources for the preservation of the family.
191 (d) “Relative” means an individual who is caring full time
192 for a child placed in out-of-home care by the court and who:
193 1. Is related to the child within the fifth degree by blood
194 or marriage to the parent or stepparent of the child; or
195 2. Is related to a half-sibling of that child within the
196 fifth degree by blood or marriage to the parent or stepparent.
197 (3) FINANCIAL ASSISTANCE.—The department shall provide
198 financial assistance to all caregivers who qualify under this
199 subsection.
200 (a) Relatives or fictive kin caring for a child who has
201 been placed with them by the court shall receive a monthly
202 caregiver benefit, beginning when the child is placed in the
203 out-of-home care. The amount of the benefit payment is based on
204 the child’s age within a payment schedule established by rule of
205 the department. The cost of providing the assistance described
206 in this section to any caregiver may not exceed the cost of
207 providing out-of-home care in emergency shelter or foster care.
208 (b) Caregivers who receive assistance under this section
209 must be capable, as determined by a home study, of providing a
210 physically safe environment and a stable, supportive home for
211 the children under their care and must assure that the
212 children’s well-being is met, including, but not limited to, the
213 provision of immunizations, education, and mental health
214 services as needed.
215 (c) Caregivers who qualify for and receive assistance under
216 this section are not required to meet foster care licensing
217 requirements under s. 409.175.
218 (d) Children receiving cash benefits under this section are
219 not eligible to simultaneously receive WAGES cash benefits under
220 chapter 414.
221 (e) A caregiver may not receive a benefit payment if the
222 parent or stepparent of the child resides in the home. However,
223 a caregiver may receive the benefit payment for a minor parent
224 who is in his or her care, as well as for the minor parent’s
225 child, if both children have been adjudicated dependent and meet
226 all other eligibility requirements. If the caregiver is
227 currently receiving the payment, the payment must be terminated
228 no later than the first of the following month after the parent
229 or stepparent moves into the home, allowing for 10-day notice of
230 adverse action.
231 (f) Children living with caregivers who are receiving
232 assistance under this section are eligible for Medicaid
233 coverage.
234 (4) ADDITIONAL ASSISTANCE AND SERVICES.—
235 (a) The purpose of a kinship navigator program is to help
236 relative caregivers and fictive kin in the child welfare system
237 to navigate the broad range of services available to them and
238 the children from public and private, community and faith-based
239 organizations.
240 (b) By no later than January 1, 2019, each community-based
241 care lead agency shall establish a kinship navigator program. In
242 order to meet the requirements of a kinship navigator program,
243 the program must:
244 1. Be coordinated with other state or local agencies that
245 promote service coordination or provide information and referral
246 services, including the entities that provide Florida 211
247 Network information where available, to avoid duplication or
248 fragmentation of services to kinship care families;
249 2. Be planned and operated in consultation with kinship
250 caregivers and organizations representing them, youth raised by
251 kinship caregivers, relevant governmental agencies, and relevant
252 community-based or faith-based organizations;
253 3. Establish a toll-free telephone hotline to provide
254 information to link kinship caregivers, kinship support group
255 facilitators, and kinship service providers to:
256 a. One another;
257 b. Eligibility and enrollment information for federal,
258 state, and local benefits;
259 c. Relevant training to assist kinship caregivers in
260 caregiving and in obtaining benefits and services; and
261 d. Relevant knowledge related to legal options available
262 for child custody, other legal assistance, and help in obtaining
263 legal services.
264 4. Provide outreach to kinship care families, including by
265 establishing, distributing, and updating a kinship care website,
266 or other relevant guides or outreach materials; and
267 5. Promote partnerships between public and private
268 agencies, including schools, community-based or faith-based
269 organizations, and relevant governmental agencies, to increase
270 their knowledge of the needs of kinship care families to promote
271 better services for those families.
272 (5) RULEMAKING.—The department shall adopt rules to
273 implement this section.
274 (1) It is the intent of the Legislature in enacting this
275 section to:
276 (a) Provide for the establishment of procedures and
277 protocols that serve to advance the continued safety of children
278 by acknowledging the valued resource uniquely available through
279 grandparents, relatives of children, and specified nonrelatives
280 of children pursuant to subparagraph (2)(a)3.
281 (b) Recognize family relationships in which a grandparent
282 or other relative is the head of a household that includes a
283 child otherwise at risk of foster care placement.
284 (c) Enhance family preservation and stability by
285 recognizing that most children in such placements with
286 grandparents and other relatives do not need intensive
287 supervision of the placement by the courts or by the department.
288 (d) Recognize that permanency in the best interests of the
289 child can be achieved through a variety of permanency options,
290 including permanent guardianship under s. 39.6221 if the
291 guardian is a relative, by permanent placement with a fit and
292 willing relative under s. 39.6231, by a relative, guardianship
293 under chapter 744, or adoption, by providing additional
294 placement options and incentives that will achieve permanency
295 and stability for many children who are otherwise at risk of
296 foster care placement because of abuse, abandonment, or neglect,
297 but who may successfully be able to be placed by the dependency
298 court in the care of such relatives.
299 (e) Reserve the limited casework and supervisory resources
300 of the courts and the department for those cases in which
301 children do not have the option for safe, stable care within the
302 family.
303 (f) Recognize that a child may have a close relationship
304 with a person who is not a blood relative or a relative by
305 marriage and that such person should be eligible for financial
306 assistance under this section if he or she is able and willing
307 to care for the child and provide a safe, stable home
308 environment.
309 (2)(a) The Department of Children and Families shall
310 establish, operate, and implement the Relative Caregiver Program
311 by rule of the department. The Relative Caregiver Program shall,
312 within the limits of available funding, provide financial
313 assistance to:
314 1. Relatives who are within the fifth degree by blood or
315 marriage to the parent or stepparent of a child and who are
316 caring full-time for that dependent child in the role of
317 substitute parent as a result of a court’s determination of
318 child abuse, neglect, or abandonment and subsequent placement
319 with the relative under this chapter.
320 2. Relatives who are within the fifth degree by blood or
321 marriage to the parent or stepparent of a child and who are
322 caring full-time for that dependent child, and a dependent half
323 brother or half-sister of that dependent child, in the role of
324 substitute parent as a result of a court’s determination of
325 child abuse, neglect, or abandonment and subsequent placement
326 with the relative under this chapter.
327 3. Nonrelatives who are willing to assume custody and care
328 of a dependent child in the role of substitute parent as a
329 result of a court’s determination of child abuse, neglect, or
330 abandonment and subsequent placement with the nonrelative
331 caregiver under this chapter. The court must find that a
332 proposed placement under this subparagraph is in the best
333 interest of the child.
334 4. A relative or nonrelative caregiver, but the relative or
335 nonrelative caregiver may not receive a Relative Caregiver
336 Program payment if the parent or stepparent of the child resides
337 in the home. However, a relative or nonrelative may receive the
338 Relative Caregiver Program payment for a minor parent who is in
339 his or her care, as well as for the minor parent’s child, if
340 both children have been adjudicated dependent and meet all other
341 eligibility requirements. If the caregiver is currently
342 receiving the payment, the Relative Caregiver Program payment
343 must be terminated no later than the first of the following
344 month after the parent or stepparent moves into the home,
345 allowing for 10-day notice of adverse action.
346
347 The placement may be court-ordered temporary legal custody to
348 the relative or nonrelative under protective supervision of the
349 department pursuant to s. 39.521(1)(c)3., or court-ordered
350 placement in the home of a relative or nonrelative as a
351 permanency option under s. 39.6221 or s. 39.6231 or under former
352 s. 39.622 if the placement was made before July 1, 2006. The
353 Relative Caregiver Program shall offer financial assistance to
354 caregivers who would be unable to serve in that capacity without
355 the caregiver payment because of financial burden, thus exposing
356 the child to the trauma of placement in a shelter or in foster
357 care.
358 (b) Caregivers who receive assistance under this section
359 must be capable, as determined by a home study, of providing a
360 physically safe environment and a stable, supportive home for
361 the children under their care and must assure that the
362 children’s well-being is met, including, but not limited to, the
363 provision of immunizations, education, and mental health
364 services as needed.
365 (c) Relatives or nonrelatives who qualify for and
366 participate in the Relative Caregiver Program are not required
367 to meet foster care licensing requirements under s. 409.175.
368 (d) Relatives or nonrelatives who are caring for children
369 placed with them by the court pursuant to this chapter shall
370 receive a special monthly caregiver benefit established by rule
371 of the department. The amount of the special benefit payment
372 shall be based on the child’s age within a payment schedule
373 established by rule of the department and subject to
374 availability of funding. The statewide average monthly rate for
375 children judicially placed with relatives or nonrelatives who
376 are not licensed as foster homes may not exceed 82 percent of
377 the statewide average foster care rate, and the cost of
378 providing the assistance described in this section to any
379 caregiver may not exceed the cost of providing out-of-home care
380 in emergency shelter or foster care.
381 (e) Children receiving cash benefits under this section are
382 not eligible to simultaneously receive WAGES cash benefits under
383 chapter 414.
384 (f) Within available funding, the Relative Caregiver
385 Program shall provide caregivers with family support and
386 preservation services, flexible funds in accordance with s.
387 409.165, school readiness, and other available services in order
388 to support the child’s safety, growth, and healthy development.
389 Children living with caregivers who are receiving assistance
390 under this section shall be eligible for Medicaid coverage.
391 (g) The department may use appropriate available state,
392 federal, and private funds to operate the Relative Caregiver
393 Program. The department may develop liaison functions to be
394 available to relatives or nonrelatives who care for children
395 pursuant to this chapter to ensure placement stability in
396 extended family settings.
397 Section 3. Section 39.604, Florida Statutes, is amended to
398 read:
399 39.604 Rilya Wilson Act; short title; legislative intent;
400 requirements; attendance and reporting responsibilities.—
401 (1) SHORT TITLE.—This section may be cited as the “Rilya
402 Wilson Act.”
403 (2) LEGISLATIVE INTENT.—
404 (a) The Legislature recognizes that children from birth to
405 the age of school entry who are in out-of-home the care of the
406 state due to abuse, neglect, or abandonment are at increased
407 risk for delayed social-emotional development and challenging
408 behaviors of poor school performance and other behavioral and
409 social problems.
410 (b) The Legislature also finds that the needs of each of
411 these children are unique and while some children may be best
412 served by a quality child care program, others may need more
413 attention and nurturing that can be best provided by a stay-at
414 home foster parent or relative or nonrelative caregiver.
415 (c) It is the intent of the Legislature that children who
416 are currently in out-of-home the care of the state be provided
417 with an age-appropriate developmental child care arrangement
418 that is in the best interest of the child education program to
419 help ameliorate the negative consequences of abuse, neglect, or
420 abandonment.
421 (3) REQUIREMENTS.—
422 (a) A child from birth to the age of school entry, under
423 court-ordered protective supervision or in out-of-home care the
424 custody of the Family Safety Program Office of the Department of
425 Children and Families or a community-based lead agency, who is
426 and enrolled in a licensed early education or child care program
427 must attend the program 5 days a week unless the court grants an
428 exception and one of the following applies:
429 1. A child who is age 0-3 years with a stay-at-home
430 caregiver shall have the option of remaining at home if it is
431 determined to be in the best interest of the child.
432 2. A child who is age 0-3 years with a caregiver who works
433 part time shall have the option of attending a licensed early
434 education or child care program fewer than 5 days a week if it
435 is determined to be in the best interest of the child.
436 (b) Notwithstanding s. 39.202, the department of Children
437 and Families must notify operators of a the licensed early
438 education or child care program, subject to the reporting
439 requirements of this act, of the enrollment of any child from
440 birth to the age of school entry, under court-ordered protective
441 supervision or in out-of-home care the custody of the Family
442 Safety Program Office of the Department of Children and Families
443 or a community-based lead agency. When a child is enrolled in a
444 licensed an early education or child care program regulated by
445 the department, the child’s attendance in the program must be a
446 required task action in the safety plan or the case plan
447 developed for the child pursuant to this chapter. An exemption
448 to participating in the licensed early education or child care
449 program 5 days a week may be granted by the court.
450 (4) ATTENDANCE AND REPORTING REQUIREMENTS.—
451 (a) A child enrolled in a licensed early education or child
452 care program who meets the requirements of subsection (3) may
453 not be withdrawn from the program without the prior written
454 approval of the department Family Safety Program Office of the
455 Department of Children and Families or the community-based care
456 lead agency.
457 (b)1. If a child covered by this section is absent from the
458 program on a day when he or she is supposed to be present, the
459 person with whom the child resides must report the absence to
460 the program by the end of the business day. If the person with
461 whom the child resides, whether the parent or caregiver, fails
462 to timely report the absence, the absence is considered to be
463 unexcused. The program shall report any unexcused absence or
464 seven consecutive excused absences of a child who is enrolled in
465 the program and covered by this act to the local designated
466 staff of the Family Safety Program Office of the department of
467 Children and Families or the community-based care lead agency by
468 the end of the business day following the unexcused absence or
469 seventh consecutive excused absence.
470 2. The department or community-based care lead agency shall
471 conduct a site visit to the residence of the child upon
472 receiving a report of two consecutive unexcused absences or
473 seven consecutive excused absences.
474 3. If the site visit results in a determination that the
475 child is missing, the department or community-based care lead
476 agency shall follow the procedure set forth in s. 39.0141 report
477 the child as missing to a law enforcement agency and proceed
478 with the necessary actions to locate the child pursuant to
479 procedures for locating missing children.
480 4. If the site visit results in a determination that the
481 child is not missing, the parent or caregiver shall be notified
482 that failure to ensure that the child attends the licensed early
483 education or child care program is a violation of the safety
484 plan or the case plan. If more than two site visits are
485 conducted pursuant to this subsection, staff shall initiate
486 action to notify the court of the parent or caregiver’s
487 noncompliance with the case plan.
488 Section 4. Effective January 1, 2019, paragraph (b) of
489 subsection (1) of section 414.045, Florida Statutes, is amended
490 to read:
491 414.045 Cash assistance program.—Cash assistance families
492 include any families receiving cash assistance payments from the
493 state program for temporary assistance for needy families as
494 defined in federal law, whether such funds are from federal
495 funds, state funds, or commingled federal and state funds. Cash
496 assistance families may also include families receiving cash
497 assistance through a program defined as a separate state
498 program.
499 (1) For reporting purposes, families receiving cash
500 assistance shall be grouped into the following categories. The
501 department may develop additional groupings in order to comply
502 with federal reporting requirements, to comply with the data
503 reporting needs of the board of directors of CareerSource
504 Florida, Inc., or to better inform the public of program
505 progress.
506 (b) Child-only cases.—Child-only cases include cases that
507 do not have an adult or teen head of household as defined in
508 federal law. Such cases include:
509 1. Children in the care of caretaker relatives, if the
510 caretaker relatives choose to have their needs excluded in the
511 calculation of the amount of cash assistance.
512 2. Families in the Kinship Care Relative Caregiver Program
513 as provided in s. 39.5085.
514 3. Families in which the only parent in a single-parent
515 family or both parents in a two-parent family receive
516 supplemental security income (SSI) benefits under Title XVI of
517 the Social Security Act, as amended. To the extent permitted by
518 federal law, individuals receiving SSI shall be excluded as
519 household members in determining the amount of cash assistance,
520 and such cases shall not be considered families containing an
521 adult. Parents or caretaker relatives who are excluded from the
522 cash assistance group due to receipt of SSI may choose to
523 participate in work activities. An individual whose ability to
524 participate in work activities is limited who volunteers to
525 participate in work activities shall be assigned to work
526 activities consistent with such limitations. An individual who
527 volunteers to participate in a work activity may receive child
528 care or support services consistent with such participation.
529 4. Families in which the only parent in a single-parent
530 family or both parents in a two-parent family are not eligible
531 for cash assistance due to immigration status or other
532 limitation of federal law. To the extent required by federal
533 law, such cases shall not be considered families containing an
534 adult.
535 5. To the extent permitted by federal law and subject to
536 appropriations, special needs children who have been adopted
537 pursuant to s. 409.166 and whose adopting family qualifies as a
538 needy family under the state program for temporary assistance
539 for needy families. Notwithstanding any provision to the
540 contrary in s. 414.075, s. 414.085, or s. 414.095, a family
541 shall be considered a needy family if:
542 a. The family is determined by the department to have an
543 income below 200 percent of the federal poverty level;
544 b. The family meets the requirements of s. 414.095(2) and
545 (3) related to residence, citizenship, or eligible noncitizen
546 status; and
547 c. The family provides any information that may be
548 necessary to meet federal reporting requirements specified under
549 Part A of Title IV of the Social Security Act.
550
551 Families described in subparagraph 1., subparagraph 2., or
552 subparagraph 3. may receive child care assistance or other
553 supports or services so that the children may continue to be
554 cared for in their own homes or in the homes of relatives. Such
555 assistance or services may be funded from the temporary
556 assistance for needy families block grant to the extent
557 permitted under federal law and to the extent funds have been
558 provided in the General Appropriations Act.
559 Section 5. Except as otherwise expressly provided in this
560 act, this act shall take effect July 1, 2018.
