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H0058.................................................by HEALTH AND WELFARE
HARD-TO-PLACE CHILDREN - GUARDIANSHIP - Amends existing law to authorize
subsidized guardianship of hard-to-place children who are in the state's
custody and for whom reunification or adoption is not possible or
appropriate.
01/17 House intro - 1st rdg - to printing
01/18 Rpt prt - to Health/Wel
02/23 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 66-0-4
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman, Trail,
Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Jones, Moyle, Stone, Swan
Floor Sponsor -- Jaquet
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Health/Wel
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Williams
Floor Sponsor -- Lodge
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - to Governor
03/22 Governor signed
Session Law Chapter 92
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 58
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO HARD-TO-PLACE CHILDREN; AMENDING SECTION 56-802, IDAHO CODE, TO
3 FURTHER DEFINE "HARD-TO-PLACE CHILD"; AMENDING SECTION 56-804, IDAHO CODE,
4 TO AUTHORIZE DISSEMINATION OF INFORMATION CONCERNING GUARDIANSHIP OF A
5 HARD-TO-PLACE CHILD; AND AMENDING SECTION 56-805, IDAHO CODE, TO GOVERN
6 FINANCIAL AID TO FAMILIES WHO ADOPT OR ACCEPT GUARDIANSHIP OF A HARD-TO-
7 PLACE CHILD AND TO MAKE TECHNICAL CORRECTIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 56-802, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 56-802. DEFINITIONS. For the purposes of this act:
12 (1) "Hard-to-place child" means a child who is difficult to place for
13 adoption or guardianship because of ethnic background, race, color, mixed par-
14 entage, age, sibling grouping, or physical, mental, or emotional or medical
15 handicap.
16 (2) "Department" means the department of health and welfare.
17 SECTION 2. That Section 56-804, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 56-804. DISSEMINATION OF INFORMATION TO ADOPTIVE FAMILIES. The department
20 shall disseminate information to prospective adoptive families, especially
21 those families of lower income levels and those belonging to disadvantaged
22 groups and families who wish to be appointed legal guardians of a child in the
23 state's custody, as to the availability of hard-to-place children, adoption
24 and guardianship procedures, and of the existence of financial aid to adoptive
25 families herein and guardians of hard-to-place children.
26 SECTION 3. That Section 56-805, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 56-805. FINANCIAL AID -- PERIOD. Financial aid to families adopting or
29 becoming guardians of hard-to-place children shall be awarded by the depart-
30 ment as follows:
31 (1) Persons who have applied to adopt the hard-to-place child and to
32 receive subsidies for the care and support of the hard-to-place child shall be
33 evaluated as to their suitability as adoptive parents by means of an adoptive
34 home study. Persons who are caring for a hard-to-place child in the state's
35 custody for whom reunification or adoption is not an option, and who wish to
36 be appointed legal guardians of the child and to receive subsidies for the
37 care and support of the child, shall be evaluated as to their suitability as
38 guardians by means of a guardianship study.
39 (2) There may be paid an amount of fFinancial assistance shall be not
2
1 more than the amount that would be paid for foster or institutional care for
2 the child if the placement for adoption or guardianship had not taken place.
3 Assistance may be provided families adopting or becoming guardians for hard-
4 to-place children until such child is eighteen (18) years of age, parents are
5 no longer legally responsible for the child, or until the parents are no
6 longer providing support for the child. This is subject to annual review by
7 the department and the adoptive parents.
8 After an adoption with a subsidy is finalized or a guardianship with sub-
9 sidy has been ordered by the court and the court has released the child from
10 the state's legal custody, the family is independent of the department except
11 for an annual evaluation by the department of the need for continued subsidy
12 and the amount of the subsidy.
13 (23) Payment of the costs of medical services shall be made directly to
14 the physician or provider of the services according to the department's estab-
15 lished procedures.
16 (34) Payment of the cost of nonrecurring adoption or guardianship
17 expenses are is limited to the following: reasonable and necessary adoption or
18 guardianship fees, court costs, attorney's fees, and other expenses which are
19 directly related to the legal adoption or guardianship of a child with special
20 needs and which are not incurred in violation of state or federal laws.
21 (45) Eligibility for the benefits payable and amounts thereof shall be
22 determined on a case-by-case basis by the adoption support section of the
23 department as set forth in the rules and regulations promulgated by the state
24 board of health and welfare.
STATEMENT OF PURPOSE
RS 10536
This legislation is designed to make changes to the Hard-To-
Place Children statute to allow for subsidized guardianships
for children in the state=s custody for whom reunifaction or
adoption is not possible or appropriate.
FISCAL IMPACT
No fiscal impact. The state may realize savings from reduced
administrative costs. When children are moved from foster
care into a subsidized guardianship, the State no longer has
to pay for the administrative and court costs (staff time and
other expenses) related to monitoring and overseeing the child
and foster home placement.
Contact:
Name: Barbara Hancock, Department of Health and Welfare
Phone: 334-0646
Statement of Purpose/Fiscal Note Bill No. H58