AB601: Bill Text

3. Define the substantial change in circumstances under which adoptive or proposed adoptive parents may request that an adoption assistance agreement be amended to increase the amount of adoption assistance monthly maintenance. The definition must include: a) situations in which an at-high-risk child has developed moderate or intensive difficulty-of-care problems; and b) situations in which a child's difficulty-of-care problems have increased from the moderate level to the intensive level under DHFS's schedule of difficulty-of-care levels.

4. Establish: a) requirements with which adoptive or proposed adoptive parents must comply in submitting a request for an increase in adoption assistance monthly maintenance based on a substantial change in circumstances; b) criteria for determining the amount of the increase in adoption assistance monthly maintenance that DHFS must offer if there has been a substantial change in circumstances; and c) the procedure by which the adoptive or proposed adoptive parents may appeal DHFS' decision regarding the request.

5. State when a child must be photolisted with the adoption information exchange in order to be eligible for adoption assistance. This rule may not require photolisting under any circumstances in which photolisting is not required by federal statutes, regulations or guidelines as a prerequisite for the state to receive federal matching funds for adoption assistance.

AB601, s. 13 Section 13. Nonstatutory provisions; health and family services.

AB601,12,5 (1) The department of health and family services shall submit in proposed form the rules required under section 48.975 (5) (a) to (e) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than January 1, 1998, or the first day of the 3rd month beginning after the effective date of this subsection, whichever is later.

Note: Requires DHFS to submit to the legislative council staff for review proposed changes to the administrative rules as required by this bill by January 1, 1998, or by the first day of the 3rd month beginning after the day after publication of this act, whichever is later.

AB601,12,13 (2) Of the amounts appropriated to the department of health and family services under section 20.435 (1) (o) of the statutes, the department shall expend $303,800 more in fiscal year 1998-99 than the department expended in fiscal year 1997-98 to fund the federal share of the cost of providing medical assistance to children who are eligible for adoption assistance based solely on being at high risk of developing moderate or intensive difficulty-of-care problems, as determined by the department under the rule promulgated by the department under section 48.975 (5) (b) of the statues, as created by this act.

Note: Requires DHFS to expend $303,800 more in fiscal year 1998-99 from the federal program revenue (PR-F) appropriation for the medical assistance program than DHFS expended in fiscal year 1997-98 from that appropriation to fund the federal share of the cost of providing medical assistance to at-high-risk children who are eligible for adoption assistance under this bill. This amount is based on the amended preliminary fiscal estimate prepared by DHFS for the special committee.

AB601,13,2 (3) The authorized FTE positions for the department of health and family services are increased by 0.5 FED position on July 1, 1998, to be funded from the appropriation under section 20.435 (3) (n) of the statutes, for the purpose of administering the adoption assistance program. Of the amounts appropriated to the department of health and family services under section 20.435 (3) (n) of the statutes, the department shall expend $23,300 more in fiscal year 1998-99 than the department expended in fiscal year 1997-98 to fund the position increase authorized under this subsection.

Note: Increases the full-time equivalent (FTE) positions authorized for DHFS by 0.5 federally funded (FED) position on July 1, 1998, to be funded from the PR-F federal program operations appropriation under the youth services program of DHFS, for the purpose of administering the adoption assistance program and requires DHFS to expend $23,300 more in fiscal year 1998-99 than DHFS expended in fiscal year 1997-98 from that appropriation to fund this position increase. The increase is related to processing applications for adoption assistance for at-high-risk children and processing requests for increased adoption assistance monthly maintenance payments when there has been a substantial change in circumstances. The increase in the number of authorized positions and the amount required to be expended are based on the amended preliminary fiscal estimate prepared by DHFS for the special committee.

AB601,13,6 (4) Of the amounts appropriated to the department of health and family services under section 20.435 (3) (pd) of the statutes, the department shall expend $307,100 more in fiscal year 1998-99 than the department expended in fiscal year 1997-98 to fund the federal share of all of the following:

AB601,13,12 (a) The cost of adoption assistance nonrecurring adoption expenses under section 48.975 (3) (c) of the statutes for children who are eligible for adoption assistance based solely on being at high risk of developing moderate or intensive difficulty-of-care problems, as determined by the department under the rule promulgated by the department under section 48.975 (5) (b) of the statutes, as created by this act.

AB601,13,16 (b) The cost of adoption assistance maintenance under section 48.975 (3) (a) of the statutes, as affected by this act, when there is a substantial change in circumstances, as determined by the department under the rule promulgated by the department under section 48.975 (5) (c) of the statutes, as created by this act.

Note: Requires DHFS to expend $307,100 more in fiscal year 1998-99 from the PR-F appropriation for federal aid, state foster care and adoption services than DHFS expended in fiscal year 1997-98 from that appropriation. The increased expenditure of federal funds is for the following:

1. The cost of providing adoption assistance nonrecurring adoption expenses for the at-high-risk children who, under this bill, are eligible for adoption assistance under a deferred adoption assistance agreement. (According to the amended preliminary fiscal estimate prepared by DHFS for the special committee, the federal portion of this cost for fiscal year 1998-99 is estimated to be $163,850.)

2. The cost of increased adoption assistance monthly maintenance payments when there is a substantial change in circumstances. (According to the amended preliminary fiscal estimate prepared by DHFS for the special committee, the federal portion of this cost for fiscal year 1998-99 is estimated to be $143,200. It is also estimated that this cost in fiscal year 1998-99 will be attributable to those children who are already receiving adoption assistance monthly maintenance at the beginning of fiscal year 1998-99. DHFS estimates that adoption assistance monthly maintenance would not be paid in fiscal year 1998-99 for the cohort of at-high-risk children who are first eligible for a deferred adoption assistance agreement in fiscal year 1998-99 because DHFS presumes that if there is a substantial change in circumstances with respect to these children, it will occur after fiscal year 1998-99.)

AB601,14,5 (5) Of the amounts appropriated to the department of health and family services under section 20.435 (3) (pd) of the statutes, the department shall expend $327,800 less in fiscal year 1998-99 than the department expended in fiscal year 1997-98 to fund the federal share of adoption assistance maintenance under section 48.975 (3) (a) of the statutes, as affected by this act.

Note: Requires DHFS to expend $327,800 less in fiscal year 1998-99 than DHFS expended in fiscal year 1997-98 from the PR-F federal aid, state foster care and adoption services appropriation to DHFS based on projected savings of the federal share of the cost of adoption assistance monthly maintenance for parents who sign initial adoption assistance agreements in fiscal year 1998-99. The amended preliminary fiscal estimate prepared by DHFS for the special committee indicates that the ability to amend adoption assistance agreements to increase maintenance payments based on a substantial change in circumstances, as created in the bill, may produce such savings.

AB601, s. 14 Section 14. Appropriation changes; health and family services.

AB601,14,14 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (1) (b) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $212,200 for fiscal year 1998-99 to fund the state share of the cost of providing medical assistance to children who are eligible for adoption assistance based solely on being at high risk of developing moderate or intensive difficulty-of-care problems as determined by the department under the rule promulgated by the department under section 48.975 (5) (b) of the statutes, as created by this act.

Note: Increases the general purpose revenue (GPR) appropriation to DHFS by $212,200 in fiscal year 1998-99 for funding the state share of the cost of providing MA for at-high-risk children who are eligible for adoption assistance under this bill. The increase in the appropriation is based on the amended preliminary fiscal estimate prepared by DHFS for the special committee.

AB601,15,6 (2) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (3) (a) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $54,300 for fiscal year 1998-99 to increase the authorized FTE positions for the department by 1.0 GPR position for the purpose of administering the adoption assistance program.

Note: Increases the GPR general program operations appropriation in the youth services program of DHFS by $54,300 in fiscal year 1998-99 in order to fund an increase in the authorized FTE positions for DHFS of 1.0 GPR position for administering the adoption assistance program. The increase in the appropriation and the number of authorized positions is related to processing applications for adoption assistance for at-high-risk children and processing requests for increased adoption assistance maintenance when there has been a substantial change in circumstances. The increase in the appropriation and the number of authorized positions is based on the amended preliminary fiscal estimate prepared by DHFS for the special committee.

AB601,15,10 (3) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (3) (dd) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $310,200 in fiscal year 1998-99 to fund the state share of all of the following:

AB601,15,16 (a) The cost of adoption assistance nonrecurring adoption expenses under section 48.975 (3) (c) of the statutes for children who are eligible for adoption assistance based solely on being at high risk of developing moderate or intensive difficulty-of-care problems, as determined by the department under the rule promulgated by the department under section 48.975 (5) (b) of the statutes, as created by this act.

AB601,16,2 (b) The cost of adoption assistance maintenance under section 48.975 (3) (a) of the statutes, as affected by this act, when there is a substantial change in circumstances, as determined by the department under the rule promulgated by the department under section 48.975 (5) (c) of the statutes, as created by this act.

Note: Increases the GPR appropriation to DHFS for state foster care and adoption services by $310,200 in fiscal year 1998-99 for the following:

1. The cost of providing adoption assistance nonrecurring adoption expenses for the at-high-risk children who, under this bill, are eligible for adoption assistance under a deferred adoption assistance agreement. (According to the amended preliminary fiscal estimate prepared by DHFS for the special committee, the state share of this cost for fiscal year 1998-99 is estimated to be $163,850.)

2. The cost of increased adoption assistance monthly maintenance payments when there is a substantial change in circumstances. (According to the amended preliminary fiscal estimate prepared by DHFS for the special committee, the state share of this cost for fiscal year 1998-99 is estimated to be $146,300. It is further estimated that this cost in fiscal year 1998-99 will be attributable to those children who are already receiving adoption assistance monthly maintenance at the beginning of fiscal year 1998-99. DHFS estimates that adoption assistance monthly maintenance would not be paid in fiscal year 1998-99 for the cohort of at-high-risk children who are first eligible for a deferred adoption assistance agreement in fiscal year 1998-99 because DHFS presumes that if there is a substantial change in circumstances with respect to these children, it will occur after fiscal year 1998-99.)

AB601,16,7 (4) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (3) (dd) of the statutes, as affected by the acts of 1997, the dollar amount is decreased by $335,000 for fiscal year 1998-99 to decrease funding for the state share of adoption assistance for maintenance under section 48.975 (3) (a) of the statutes, as affected by this act.

Note: Decreases the GPR appropriation to DHFS for state foster care and adoption services by $335,000 for fiscal year 1998-99 based on projected savings of the state share of the cost of adoption assistance monthly maintenance for parents who sign initial adoption assistance agreements in fiscal year 1998-99. The amended preliminary fiscal estimate prepared by DHFS for the special committee indicates that the ability to amend adoption assistance agreements to increase maintenance payments based on a substantial change in circumstances, as created in the bill, may produce such savings.

AB601, s. 15 Section 15 . Initial applicability.

AB601,16,10 (1) The creation of section 48.975 (3) (a) 3. and (5) (b) of the statutes first applies to children who are placed for adoption on the effective date of this subsection.

Note: Specifies that the provisions in the bill defining at-high-risk children as children with special needs first apply to children who are placed for adoption on the effective date of this subsection, that is, on July 1, 1998, or on the day after publication of this act, whichever is later.

AB601, s. 16 Section 16 . Effective dates. This act takes effect on the day after publication, except as follows:

AB601,17,8 (1)  The repeal and recreation of section 46.10 (14) (cm) 1. of the statutes, the renumbering and amendment of section 48.975 (3) (a) of the statutes, the renumbering of section 48.975 (4) of the statutes, the creation of section 48.975 (3) (a) 3. and 4., (4) (b), (c) and (d) and (5) (b), (c) and (d) of the statutes and Section 15 (1) of this act take effect on July 1, 1998, or on the day after publication, whichever is later.

Note: Provides that this act takes effect on the day after publication, except that the provisions relating to permitting the amendment of adoption assistance agreements and defining at-high-risk children as children with special needs take effect on July 1, 1998, or on the day after publication, whichever is later.

AB601,17,9 (End)