453.325. Grandparents as foster parents program established--eligibility requirements--services provided.
Grandparents as foster parents program established--eligibilityrequirements--services provided.
453.325. 1. The division of family services in the department ofsocial services shall, subject to appropriations, establish the"Grandparents as Foster Parents Program". The grandparents as fosterparents program recognizes that:
(1) Raising a grandchild differs from when the grandparents raisedtheir own children;
(2) Caring for a grandchild often places additional financial, socialand psychological strain on grandparents with fixed incomes;
(3) Different parenting skills are necessary when raising agrandchild and many grandparents do not possess such skills, are not awareof how to obtain such skills and cannot afford access to the servicesnecessary to obtain such skills;
(4) Grandparents, like nonrelative foster parents, need a supportstructure, including counseling for the grandchild and caretaker, respitecare and transportation assistance and child care;
(5) The level of care provided by grandparents does not differ fromnonrelative foster care, but reimbursement for such care is substantiallyless for grandparents; and
(6) Grandparents are often unaware of the cash assistancealternatives to the federal TANF block grant funds which are available tosupport the grandchildren placed in their care.
2. A grandparent shall be eligible to participate in the grandparentsas foster parents program if such grandparent:
(1) Is fifty years of age or older;
(2) Is the legal guardian of a grandchild placed in suchgrandparent's custody;
(3) Has an annual household income of less than two hundred percentof the federal poverty level; and
(4) Participates in the training available through the divisionpursuant to subsection 4 of this section.
The division shall annually review the eligibility of grandparentsparticipating in the program.
3. If there are no grandparents of a child who are willing toparticipate in the grandparents as foster parents program, the division mayinclude in the program any other close relative who becomes the legalguardian of the child or obtains legal custody of the child, as granted bya court of competent jurisdiction if such relative also meets therequirements of subdivisions (1), (3) and (4) of subsection 2 of thissection.
4. Subject to appropriations, the grandparents as foster parentsprogram:
(1) Shall provide reimbursement up to seventy-five percent of thecurrent foster care payment schedule to eligible grandparents, as definedin subsection 2 of this section, for the care of a grandchild;
(2) Shall establish program requirements, including, but not limitedto, participation in foster parent training, parenting skills training,childhood immunizations and other similar health screens;
(3) Shall provide continuing counseling for the child andgrandparent;
(4) May provide support services, including, but not limited to,respite care, child care and transportation assistance. Eligibility forchild-care services pursuant to this program shall be based on the sameeligibility criteria used for other child-care benefits provided by thedivision of family services;
(5) Shall provide Medicaid services to such child;
(6) May provide ancillary services, such as child care, respite care,transportation assistance and clothing allowances, but not direct financialpayments to the participants in the program after such participantscomplete the training required in subdivision (2) of this subsection; and
(7) Shall establish criteria for the reduction in cash benefitsreceived by any grandparent providing care for three or more grandchildrenpursuant to the grandparents as foster parents program.
5. Funding for cash benefits and other assistance provided toeligible grandparents shall be made from the state maintenance of effortfunds. The provisions of this section shall not be construed to create anentitlement for participants in the program.
6. Grandparents who are either under fifty years of age, or are fiftyyears of age or older and refuse to participate in the training pursuant tosubsection 2 of this section but who meet the requirements of subdivisions(1), (2) and (3) of subsection 2 of this section, may apply to the divisionfor foster care reimbursement and assistance. Such cash and noncashassistance shall be funded through the TANF funds. Any work participationand time limit requirements pursuant to the Personal Responsibility andWork Opportunity Reconciliation Act of 1996, as amended, shall apply to allsuch persons.
(L. 2001 S.B. 236)