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2004 SESSION

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SB 35 Guardianship of children; subsidy for relative caregivers.

Introduced by: Yvonne B. Miller | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Subsidized custody of children living with relative caregivers. Directs the Department of Social Services to establish a subsidized custody program for the benefit of children in the custody of a local board of social services on or after July 1, 2004, who are living with relative caregivers and for whom reunification with their natural parents and adoption by relatives are ruled out as placement options. A relative caregiver means a person, other than a natural parent, to whom the child is related by blood, marriage, or adoption. A relative caregiver shall obtain legal custody over such child. Within the limitations of federal funding and the subsidized custody appropriation to the Department, the subsidized custody program shall include (i) a one-time special-need payment, which shall be a lump sum payment for expenses resulting from the assumption of care of the child, (ii) services for the child, including but not limited to, short-term casework, information and referral, and crisis intervention, and (iii) a maintenance subsidy that shall be payable monthly to the relative caregiver equal to the prevailing foster care rate. The Department may establish an asset test for eligibility under the program. The subsidized custody payment shall be made pursuant to a subsidized custody agreement entered into between the local board and the relative caregiver. The relative caregiver receiving a custody subsidy shall submit annually to the local department a sworn statement that the child is still living with and receiving support from the relative. The parent of any child receiving assistance through the subsidized custody program shall remain liable for the support of the child. The bill requires the State Board of Social Services to promulgate emergency regulations and the Department to seek all federal waivers. The final enactment clause states the act shall not become effective unless federal funds are made available through a federal Title IV-E waiver and an appropriation of funds effectuating the purposes of the act is included in the biennial budget passed by the 2004 General Assembly and signed into law by the Governor.

SUMMARY AS PASSED SENATE:

Subsidized custody of children living with relative caregivers. Directs the Department of Social Services to establish a subsidized custody program for the benefit of children in the custody of a local board of social services on or after July 1, 2004, who are living with relative caregivers other than a natural parent and for whom reunification with his natural parents and adoption by the relative are eliminated. A relative caregiver means a person who is caring for a child related to such person where the option of the child's reunification with his natural parents and adoption by the relative are eliminated. A relative caregiver may obtain legal custody over such child and receive a custody subsidy from the local department. If adoption of the child by the relative caregiver is an option, the local department shall counsel the relative caregiver about the advantages and disadvantages of adoption and subsidized custody so that the decision by the relative caregiver to request a subsidized custody payment is a fully informed one. Within the limitations of federal funding and the subsidized custody appropriation to the Department, the subsidized custody program shall provide the following subsidies for the benefit of any child in the care of a relative caregiver who has been appointed the legal custodian of the child pursuant to court order: (i) a special-need subsidy, which shall be a one-time lump sum payment for expenses resulting from the assumption of care of the child, (ii) a comprehensive range of services and supports for the child, including short-term casework, information and referral, and crisis intervention, and (iii) a monthly subsidy on behalf of the child payable to the relative caregiver that shall be equal to the prevailing foster care rate. The Department may establish an asset test for eligibility under the program. The relative caregiver receiving a custody subsidy shall submit annually to the local department a sworn statement that the child is still living with and receiving support from the relative. The parent of any child receiving assistance through the subsidized custody program shall remain liable for the support of the child. The bill requires the State Board of Social Services to promulgate emergency regulations and the Department to seek all federal waivers. The final enactment clause states the act shall not become effective unless federal funds are made available through a federal Title IV-E waiver and an appropriation of funds effectuating the purposes of the act is included in the biennial budget passed by the 2004 General Assembly and signed into law by the Governor.

SUMMARY AS INTRODUCED:

Subsidized guardianship of children living with relative caregivers. Directs the Department of Social Services to establish a subsidized guardianship program for the benefit of children in the custody of a local board of social services or other child welfare agency who are living with relative caregivers and who have been in foster care or living with relatives other than natural parents for not less than 18 months. A relative caregiver means a person who is caring for a child related to such person where the option of the child’s reunification with his natural parents is eliminated and termination of parental rights is not appropriate. The subsidized guardianship program shall include a special-need subsidy, which shall be a one-time lump sum payment for expenses resulting from the assumption of care of the child, a medical subsidy, and a monthly subsidy on behalf of the child payable to the relative caregiver that shall be equal to the prevailing foster care rate. The Department may establish an asset test for eligibility under the program. The relative caregiver receiving a guardianship subsidy shall submit annually to the Department a sworn statement that the child is still living with and receiving support from the guardian.