CSHB 126(EDC): "An Act relating to continuing the secondary public education of a homeless student; relating to the purpose of certain laws as they relate to children; relating to tuition waivers, loans, and medical assistance for a child placed in out-of-home care by the state; relating to foster care; relating to children in need of aid; and relating to out-of-home care transition to independent living."
00 CS FOR HOUSE BILL NO. 126(EDC) 01 "An Act relating to continuing the secondary public education of a homeless student; 02 relating to the purpose of certain laws as they relate to children; relating to tuition 03 waivers, loans, and medical assistance for a child placed in out-of-home care by the 04 state; relating to foster care; relating to children in need of aid; and relating to out-of- 05 home care transition to independent living." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 14.03 is amended by adding a new section to read: 08 Sec. 14.03.096. Continuing the public education of a homeless student. (a) 09 Except as provided in (b) and (d) of this section, the governing body of a school 10 district shall comply with the requirements for continuing the public education of a 11 homeless student in the student's school of origin and for providing transportation 12 services for the remainder of the current school year or, if the student is attending 13 school for a summer term, for the remainder of the summer term, under 42 U.S.C.
01 11431 - 11435 (McKinney-Vento Homeless Education Assistance Improvement Act 02 of 2001), as those provisions existed on February 1, 2009. 03 (b) The requirements in (a) of this section do not apply if the student moves to 04 a school district other than the school district in which the student's school of origin is 05 located. 06 (c) If a homeless student is transferred to a school other than the student's 07 school of origin, the school of origin shall provide a copy of the student's records to 08 the student's new school within seven school days after notification of the transfer. 09 The student's new school shall allow the student to attend school while awaiting the 10 transfer of records under this subsection. 11 (d) A school district is required to comply with this section only 12 (1) if the legislature appropriates funds for the purpose; and 13 (2) to the extent possible using funds appropriated for the purpose. 14 (e) In this section, 15 (1) "homeless student" has the meaning given in 42 U.S.C. 11434a for 16 "homeless child or youth," and the phrase "awaiting foster care placement" in that 17 definition shall be interpreted to include all students who are placed in out-of-home 18 care and in the custody of the Department of Health and Social Services under 19 AS 47.10.080(c) or who are committed to the custody of the Department of Health and 20 Social Services under AS 47.12.120(b)(1) or (3); 21 (2) "school of origin" means the school in which the student was last 22 enrolled. 23 * Sec. 2. AS 14.43 is amended by adding a new section to read: 24 Article 3A. Free Tuition for a Person Who Was in Out-of-Home Care. 25 Sec. 14.43.086. Free tuition and fees for a person who was in out-of-home 26 care. (a) A person who enrolls as a student in good standing in a state-supported 27 educational institution in the state is entitled to a waiver of tuition, fees, and room and 28 board expenses if the person provides adequate proof that the person 29 (1) was in the custody of the state under AS 47.10 or AS 47.14; 30 (2) was placed in out-of-home care for a period of not less than six 31 consecutive months on or after the person became 16 years of age;
01 (3) has applied for educational grants or scholarships that the person is 02 otherwise eligible for as recommended by the educational institution; 03 (4) has applied for an available federal education loan; and 04 (5) is under 29 years of age. 05 (b) The amount of the waiver to which a person is entitled under this section is 06 the amount of unmet need for tuition, room, and board expenses, as determined by the 07 commission, after deducting funding for the school year from education loans, grants, 08 or scholarships received by a person eligible for a waiver. 09 (c) The proceeds of an education loan, grant, or scholarship received by a 10 person eligible for a waiver under this section must be paid to the educational 11 institution to offset the person's tuition, fees, and room and board expenses. 12 (d) A state-supported educational institution in the state is required to provide 13 a waiver under (a) of this section only if the legislature appropriates funds for the 14 purpose of offsetting waivers under this section. If an appropriation is not sufficient to 15 fully offset waivers for each person entitled to a waiver under (a) of this section, the 16 institution may offer full or partial waivers to eligible applicants as funding permits 17 and at the discretion of the institution. 18 * Sec. 3. AS 14.43.160 is amended by adding a new paragraph to read: 19 (7) "out-of-home care" has the meaning given in AS 47.14.400. 20 * Sec. 4. AS 36.30.850(b)(42) is amended to read: 21 (42) grants and contracts with qualified entities for services under 22 AS 47.18.330 for the out-of-home [FOSTER] care transition program; 23 * Sec. 5. AS 47.05.060 is amended to read: 24 Sec. 47.05.060. Purpose and policy relating to children. The purpose of this 25 title as it relates to children is to secure for each child the care and guidance, 26 preferably in the child's own home, as well as an education, that will serve the moral, 27 emotional, mental, intellectual, and physical welfare of the child and the best interests 28 of the community; to preserve and strengthen the child's family ties unless efforts to 29 preserve and strengthen the ties are likely to result in physical or emotional damage to 30 the child, removing the child from the custody of the parents only as a last resort when 31 the child's welfare or safety or the protection of the public cannot be adequately
01 safeguarded without removal; and, when the child is removed from the family, to 02 secure for the child adequate custody, education, and care and adequate planning for 03 permanent placement of the child. 04 * Sec. 6. AS 47.05.065 is amended to read: 05 Sec. 47.05.065. Legislative findings related to children. The legislature finds 06 that 07 (1) parents have the following rights and responsibilities relating to the 08 care and control of their child while the child is a minor: 09 (A) the responsibility to provide the child with food, clothing, 10 shelter, education, and medical care; 11 (B) the right and responsibility to protect, nurture, train, and 12 discipline the child, including the right to direct the child's medical care and 13 the right to exercise reasonable corporal discipline; 14 (C) the right to determine where and with whom the child shall 15 live; 16 (D) the right and responsibility to make decisions of legal or 17 financial significance concerning the child; 18 (E) the right to obtain representation for the child in legal 19 actions; and 20 (F) the responsibility to provide special safeguards and care, 21 including appropriate prenatal and postnatal protection for the child; 22 (2) it is the policy of the state to strengthen families and to protect 23 children from child abuse and neglect; the state recognizes that, in some cases, 24 protection of a child may require removal of the child from the child's home; however, 25 (A) except in those cases involving serious risk to a child's 26 health or safety, the Department of Health and Social Services should provide 27 time-limited family support services to the child and the child's family in order 28 to offer parents the opportunity to remedy parental conduct or conditions in the 29 home that placed the child at risk of harm so that a child may return home 30 safely and permanently; and 31 (B) the state also recognizes that when a child is removed from
01 the home, visitation between the child and the child's parents or guardian and 02 family members reduces the trauma for the child and enhances the likelihood 03 that the child will be able to return home; therefore, whenever a child is 04 removed from the parental home, the Department of Health and Social 05 Services should encourage frequent, regular, and reasonable visitation of the 06 child with the child's parent or guardian and family members; 07 (3) it is the policy of the state to recognize that, when a child is a ward 08 of the state, the child is entitled to reasonable safety, adequate care, and adequate 09 treatment and that the Department of Health and Social Services as legal custodian and 10 the child's guardian ad litem as guardian of the child's best interests and their agents 11 and assignees, each should make reasonable efforts to ensure that the child is provided 12 with reasonable safety, adequate care, and adequate treatment for the duration of time 13 that the child is a ward of the state; 14 (4) it is in the best interests of a child who has been removed from the 15 child's own home for the state to apply the following principles in resolving the 16 situation: 17 (A) the child should be placed in a safe, secure, and stable 18 environment; 19 (B) the child should not be moved unnecessarily; 20 (C) a planning process should be followed to lead to permanent 21 placement of the child; 22 (D) every effort should be made to encourage psychological 23 attachment between the adult caregiver and the child; 24 (E) frequent, regular, and reasonable visitation with the parent 25 or guardian and family members should be encouraged; [AND] 26 (F) parents and guardians must actively participate in family 27 support services so as to facilitate the child's being able to remain in the home; 28 when children are removed from the home, the parents and guardians must 29 actively participate in family support services to make return of their children 30 to the home possible; and 31 (G) the child should continue to attend the child's school of
01 origin as provided under AS 14.03.096; 02 (5) numerous studies establish that 03 (A) children undergo a critical attachment process before the 04 time they reach six years of age; 05 (B) a child who has not attached with an adult caregiver during 06 this critical stage will suffer significant emotional damage that frequently leads 07 to chronic psychological problems and antisocial behavior when the child 08 reaches adolescence and adulthood; and 09 (C) it is important to provide for an expedited placement 10 procedure to ensure that all children, especially those under the age of six 11 years, who have been removed from their homes are placed in permanent 12 homes expeditiously. 13 * Sec. 7. AS 47.07.020(b) is amended to read: 14 (b) In addition to the persons specified in (a) of this section, the following 15 optional groups of persons for whom the state may claim federal financial 16 participation are eligible for medical assistance: 17 (1) persons eligible for but not receiving assistance under any plan of 18 the state approved under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act, 19 Supplemental Security Income) or a federal program designated as the successor to the 20 aid to families with dependent children program; 21 (2) persons in a general hospital, skilled nursing facility, or 22 intermediate care facility, who, if they left the facility, would be eligible for assistance 23 under one of the federal programs specified in (1) of this subsection; 24 (3) persons under 21 years of age who are under supervision of the 25 department, for whom maintenance is being paid in whole or in part from public 26 funds, and who are in out-of-home care [FOSTER HOMES] or private child-care 27 institutions; 28 (4) aged, blind, or disabled persons, who, because they do not meet 29 income and resources requirements, do not receive supplemental security income 30 under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not 31 receive a mandatory state supplement, but who are eligible, or would be eligible if
01 they were not in a skilled nursing facility or intermediate care facility to receive an 02 optional state supplementary payment; 03 (5) persons under 21 years of age who are in an institution designated 04 as an intermediate care facility for the mentally retarded and who are financially 05 eligible as determined by the standards of the federal program designated as the 06 successor to the aid to families with dependent children program; 07 (6) persons in a medical or intermediate care facility whose income 08 while in the facility does not exceed $1,656 a month but who would not be eligible for 09 an optional state supplementary payment if they left the hospital or other facility; 10 (7) persons under 21 years of age who are receiving active treatment in 11 a psychiatric hospital and who are financially eligible as determined by the standards 12 of the federal program designated as the successor to the aid to families with 13 dependent children program; 14 (8) persons under 21 years of age and not covered under (a) of this 15 section [,] who would be eligible for benefits under the federal program designated as 16 the successor to the aid to families with dependent children program, except that they 17 have the care and support of both their natural and adoptive parents; 18 (9) pregnant women not covered under (a) of this section and who 19 meet the income and resource requirements of the federal program designated as the 20 successor to the aid to families with dependent children program; 21 (10) persons under 21 years of age not covered under (a) of this section 22 who the department has determined cannot be placed for adoption without medical 23 assistance because of a special need for medical or rehabilitative care and who the 24 department has determined are hard-to-place children eligible for subsidy under 25 AS 25.23.190 - 25.23.210; 26 (11) persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title 27 XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom 28 a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c (Title 29 XVI, Social Security Act) because they meet all of the following criteria: 30 (A) they are 18 years of age or younger and qualify as disabled 31 individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act);
01 (B) the department has determined that 02 (i) they require a level of care provided in a hospital, 03 nursing facility, or intermediate care facility for the mentally retarded; 04 (ii) it is appropriate to provide their care outside of an 05 institution; and 06 (iii) the estimated amount that would be spent for 07 medical assistance for their individual care outside an institution is not 08 greater than the estimated amount that would otherwise be expended 09 individually for medical assistance within an appropriate institution; 10 (C) if they were in a medical institution, they would be eligible 11 for medical assistance under other provisions of this chapter; and 12 (D) home and community-based services under a waiver 13 approved by the federal government are either not available to them under this 14 chapter or would be inappropriate for them; 15 (12) disabled persons, as described in 42 U.S.C. 16 1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under 17 applicable federal regulations or guidelines, is less than 250 percent of the official 18 poverty line applicable to a family of that size according to the United States 19 Department of Health and Human Services, and who, but for earnings in excess of the 20 limit established under 42 U.S.C. 1396d(q)(2)(B), would be considered to be 21 individuals with respect to whom a supplemental security income is being paid under 22 42 U.S.C. 1381 - 1383c; a person eligible for assistance under this paragraph who is 23 not eligible under another provision of this section shall pay a premium or other cost- 24 sharing charges according to a sliding fee scale that is based on income as established 25 by the department in regulations; 26 (13) persons under 19 years of age who are not covered under (a) of 27 this section and whose household income does not exceed 175 percent of the federal 28 poverty line as defined by the United States Department of Health and Human 29 Services and revised under 42 U.S.C. 9902(2); 30 (14) pregnant women who are not covered under (a) of this section and 31 whose household income does not exceed 175 percent of the federal poverty line as
01 defined by the United States Department of Health and Human Services and revised 02 under 42 U.S.C. 9902(2); 03 (15) persons who have been diagnosed with breast or cervical cancer 04 and who are eligible for coverage under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII); 05 (16) persons under 21 years of age who were in the custody of the 06 department under AS 47.10 or AS 47.14 and who were placed in out-of-home 07 care for a period of not less than six consecutive months on or after reaching 16 08 years of age. 09 * Sec. 8. AS 47.07.020 is amended by adding a new subsection to read: 10 (o) In this section, "out-of-home care" has the meaning given in AS 47.14.400. 11 * Sec. 9. AS 47.10.080 is amended by adding a new subsection to read: 12 (v) A social worker employed by or under contract with the department shall, 13 not less than monthly, conduct visits with a child committed to the custody of the 14 department under (c) of this section. The visits must be of sufficient substance and 15 duration to address issues pertinent to case planning and service delivery to ensure the 16 child's safety, permanency, and well-being. The majority of the visits conducted under 17 this subsection must be at the location of the child's current placement. Nothing in this 18 paragraph creates a private right of action against the department or the department's 19 contractors. In this subsection, "visit" means face-to-face contact between social 20 worker and child. 21 * Sec. 10. AS 47.10.990(3) is amended to read: 22 (3) "child" means a person who is 23 (A) under 18 years of age; 24 (B) [AND A PERSON] 19 years of age if that person was 25 under 18 years of age at the time that a proceeding under this chapter was 26 commenced; and 27 (C) under 21 years of age if that person is living in out-of- 28 home care; 29 * Sec. 11. AS 47.10.990 is amended by adding a new paragraph to read: 30 (33) "out-of-home care" has the meaning given in AS 47.14.400. 31 * Sec. 12. AS 47.18.300(a) is amended to read:
01 (a) The department, in coordination with local public and private agencies, 02 shall design, develop, and implement an out-of-home care [A FOSTER CARE] 03 transition program to provide support and services to individuals who 04 (1) reach or have reached the age of 16 or older while in state custody 05 and placed in out-of-home [FOSTER] care and have not yet reached 23 years of age; 06 and 07 (2) meet other eligibility criteria established by the department under 08 (b) of this section. 09 * Sec. 13. AS 47.18.310 is amended to read: 10 Sec. 47.18.310. Program design. The department, in coordination with local 11 public and private agencies, shall design the program as a continuation of the training 12 efforts related to independent living skills that were initiated for a child in state 13 custody who was placed in out-of-home care and [WHEN THE STATE FOSTER 14 CARE RECIPIENTS WERE] identified as being likely to remain in out-of-home 15 [STATE FOSTER] care until reaching not less than the age of 18. The program 16 design must require that program participants are directly involved in identifying the 17 program activities that will prepare them for independent living. 18 * Sec. 14. AS 47.18.320(a) is amended to read: 19 (a) Subject to the availability of an appropriation made for the purposes of 20 AS 47.18.300 - 47.18.390, the program may provide 21 (1) education and vocational training; 22 (2) assistance in obtaining basic education and training; 23 (3) career and employment services; 24 (4) training in basic life skills; 25 (5) housing and utility assistance; 26 (6) mentoring and counseling; and 27 (7) other appropriate services to complement the efforts of former state 28 foster care recipients or a child who was in state custody and placed in out-of- 29 home care to achieve self-sufficiency. 30 * Sec. 15. AS 47.18 is amended by adding a new section to read: 31 Sec. 47.18.335. Monetary living expense stipend. The department shall
01 provide to an individual receiving services under the program a monthly stipend in an 02 amount set by the department that is not less than the daily rate provided to a licensed 03 foster parent for necessary living expenses. The stipend shall continue for a period of 04 not more than one year after the individual leaves out-of-home care. The department 05 may adopt regulations to implement this section. 06 * Sec. 16. AS 47.18.390(1) is amended to read: 07 (1) "program" means the out-of-home [FOSTER] care transition 08 program authorized under AS 47.18.300 - 47.18.390; 09 * Sec. 17. AS 47.18.390(3) is repealed and reenacted to read: 10 (3) "out-of-home care" has the meaning given in AS 47.14.400.