Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 larry.campbell@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Larry L. Campbell, Director Laura Kelly, Governor


February 20, 2019


The Honorable Rick Wilborn, Chairperson
Senate Committee on Judiciary
Statehouse, Room 541-E
Topeka, Kansas 66612
Dear Senator Wilborn:
SUBJECT: Fiscal Note for SB 166 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 166 is
respectfully submitted to your committee.
SB 166 would amend the Grandparents as Caregivers Act by lowering the age of the
grandparent or caregiver from 50 to 40 years old and increasing the annual household income
eligibility from 130.0 percent to 300.0 percent of the federal poverty level. The bill would require
the Department for Children and Families (DCF) to offer parenting skills training to the
grandparent or caregiver. The bill would also deem grandchildren as foster children to be eligible
for free and reduced lunches.
Effective July 2009, the Grandparents as Caregiver’s program changed from a State
General Fund program to a Temporary Assistance for Needy Families (TANF) Cash Assistance
program which provides benefits to both grandparents and relatives caring for children. Eligibility
for this program is based only on the income of the children being served. DCF assumes
grandparent caregivers would continue to receive benefits for these children through TANF Cash
Assistance. Based on this assumption, neither the change in the age of the grandparent nor the
income limit would have a fiscal effect on expenditures.
The bill would require DCF to offer parenting skills training to grandparents serving as
caregivers. The bill contains no provision requiring these individuals to attend this training.
Attendance is at the option of the grandparent. Additional expenses would be incurred by DCF to
provide this training for those wishing to attend.
Expenses are estimated based on the number of current TANF relative caregiver cases in
which the adult is aged 40 or over. The average length of stay for foster care cases in a relative
The Honorable Rick Wilborn, Chairperson
Page 2—SB 166

placement was used to determine the average new cases per month. The agency assumed half of
the cases would be with two adults and the other half only one, thus an average of 1.5 adults per
case. The bill does not require grandparent caregiver to attend parenting skills training, only that
it be provided. It is estimated 50.0 percent of the adults would participate in this training.
Expenses in the first year would be highest as all current grandparent caregivers would qualify for
the training. Subsequent years would only include new cases. The agency estimates that the fiscal
effect on expenditures for FY 2020 would $159,100 from the State General Fund because this
training does not fall under one of the allowed TANF purposes.
The changes related to the School Lunch Program have no fiscal effect on DCF as this
program is administered by the Kansas Department of Education. However, the certification of
children in the care of grandparents as “foster children” does not comply with state and federal
regulations. In Kansas, a child referred to as a “foster child” in the bill would be a child who has
been adjudicated as a “child in need of care” pursuant to the Kansas Code for Care of Children
(Code). The Code has specific grounds as a basis for determining a child is a child in need of care
and the decision is rendered by the appropriate juvenile court. Additionally, federal regulations
define a foster child as “a child who is formally placed by a court or an agency that administers a
State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.). It does
not include a child in an informal arrangement that may exist outside of State or court-based
systems.” Thus, to term a child a “foster child” in absence of compliance with the child in need of
care legal process for one specific purpose such as is outlined in the bill may lead to confusion and
noncompliance with the Code. However, for purposes of qualifying for the school lunch program,
because these children receive TANF Cash Assistance, they would be categorically eligible. Any
fiscal effect associated with SB 166 is not reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Jackie Aubert, Children & Families


Statutes affected:
As introduced: 38-145, 38-147