Senate Bill sb2114er

CODING: Words stricken are deletions; words underlined are additions.


    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



  1                                 

  2         An act relating to independent living

  3         transition services; amending s. 322.09, F.S.;

  4         limiting liability of a caseworker who signs an

  5         application for a driver's license for a minor

  6         who is in foster care; requiring a caseworker

  7         to provide notice of intent to sign the

  8         application to specified persons; amending s.

  9         409.1451, F.S.; revising eligibility criteria

10         for independent living transition services;

11         exempting foster parents and caregivers from

12         responsibility for the actions of certain

13         children engaged in activities specified in a

14         written plan; requiring certain children

15         eligible for subsidized independent living

16         services to be formally evaluated under certain

17         circumstances; revising eligibility criteria

18         for the Road-to-Independence Program; amending

19         s. 409.903, F.S.; increasing the age limit for

20         eligibility for certain persons to qualify for

21         medical assistance payments; creating s.

22         743.044, F.S.; providing for the removal of

23         disabilities of certain minors for purposes of

24         securing depository financial services;

25         providing an appropriation; providing an

26         effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Section 322.09, Florida Statutes, is

31  amended to read:


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1         322.09  Application of minors; responsibility for

 2  negligence or misconduct of minor.--

 3         (1)(a)  The application of any person under the age of

 4  18 years for a driver's license must be signed and verified

 5  before a person authorized to administer oaths by the father,

 6  mother, or guardian; by a secondary guardian if the primary

 7  guardian dies before the minor reaches 18 years of age; or, if

 8  there is no parent or guardian, by another responsible adult

 9  who is willing to assume the obligation imposed under this

10  chapter upon a person signing the application of a minor. This

11  section does not apply to a person under the age of 18 years

12  who is emancipated by marriage.

13         (b)  There shall be submitted with each application a

14  certified copy of a United States birth certificate, a valid

15  United States passport, an alien registration receipt card

16  (green card), an employment authorization card issued by the

17  United States Department of Homeland Security, or proof of

18  nonimmigrant classification provided by the United States

19  Department of Homeland Security, for an original license.

20         (2)  Any negligence or willful misconduct of a minor

21  under the age of 18 years when driving a motor vehicle upon a

22  highway shall be imputed to the person who has signed the

23  application of such minor for a permit or license, which

24  person shall be jointly and severally liable with such minor

25  for any damages caused by such negligence or willful

26  misconduct.

27         (3)  The department may not issue a driver's license or

28  learner's driver's license to any applicant under the age of

29  18 years who is not in compliance with the requirements of s.

30  322.091.

31  


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1         (4)  Notwithstanding the provisions of subsections (1)

 2  and (2), if a foster parent of a minor who is under the age of

 3  18 years and is in foster care as defined in s. 39.01, or an

 4  authorized representative of a residential group home at which

 5  such a minor resides, or the caseworker at the agency at which

 6  the state has placed the minor signs the minor's application

 7  for a learner's driver's license, that foster parent, or group

 8  home representative, or caseworker does not assume any

 9  obligation or become liable for any damages caused by the

10  negligence or willful misconduct of the minor, by reason of

11  having signed the application. Prior to signing the

12  application, the caseworker shall notify the foster parent or

13  other responsible party of his or her intent to sign and

14  verify the application.

15         (5)  Notwithstanding the provisions of subsections (1)

16  and (2), a caseworker at the agency at which the state has

17  placed a minor in foster care may sign the minor's application

18  for a driver's license pursuant to a court-approved transition

19  plan. Before signing the application, the caseworker shall

20  notify the foster parent or other responsible party of the

21  intent to sign and verify the application. The caseworker does

22  not assume any obligation or become liable for any damages

23  caused by the negligence or willful misconduct of the minor by

24  reason of having signed the application.

25         Section 2.  Paragraph (b) of subsection (2), paragraph

26  (a) of subsection (3), paragraph (c) of subsection (4), and

27  subsection (5) of section 409.1451, Florida Statutes, are

28  amended to read:

29         409.1451  Independent living transition services.--

30         (2)  ELIGIBILITY.--

31  


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1         (b)  The department shall serve young adults who have

 2  reached 18 years of age but are not yet 23 years of age and

 3  who were in foster care when they turned 18 years of age or,

 4  after reaching 16 years of age were adopted from foster care

 5  or placed with a court-approved dependency guardian and have

 6  spent a minimum of 6 months in foster care within the 12

 7  months immediately preceding such placement or adoption, by

 8  providing services pursuant to subsection (5). Young adults to

 9  be served must meet the eligibility requirements set forth for

10  specific services in this section.

11         (3)  PREPARATION FOR INDEPENDENT LIVING.--

12         (a)  It is the intent of the Legislature for the

13  Department of Children and Family Services to assist older

14  children in foster care and young adults who exit foster care

15  at age 18 in making the transition to independent living and

16  self-sufficiency as adults. The department shall provide such

17  children and young adults with opportunities to participate in

18  life skills activities in their foster families and

19  communities which are reasonable and appropriate for their

20  respective ages or for any special needs they may have and

21  shall provide them with services to build life skills and

22  increase their ability to live independently and become

23  self-sufficient. To support the provision of opportunities for

24  participation in age-appropriate life skills activities, the

25  department shall:

26         1.  Develop a list of age-appropriate activities and

27  responsibilities to be offered to all children involved in

28  independent living transition services and their foster

29  parents.

30         2.  Provide training for staff and foster parents to

31  address the issues of older children in foster care in


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1  transitioning to adulthood, which shall include information on

 2  high school completion, grant applications, vocational school

 3  opportunities, supporting education and employment

 4  opportunities, and opportunities to participate in appropriate

 5  daily activities.

 6         3.  Develop procedures to maximize the authority of

 7  foster parents or caregivers to approve participation in

 8  age-appropriate activities of children in their care. The

 9  age-appropriate activities and the authority of the foster

10  parent or caregiver shall be developed into a written plan

11  that the foster parent or caregiver, the child, and the case

12  manager all develop together, sign, and follow. This plan must

13  include specific goals and objectives and be reviewed and

14  updated no less than quarterly. Foster parents or caregivers

15  who have developed a written plan as described in this

16  subparagraph shall not be held responsible under

17  administrative rules or laws pertaining to state licensure or

18  have their licensure status in any manner jeopardized as a

19  result of the actions of a child engaged in the approved

20  age-appropriate activities specified in the written plan.

21         4.  Provide opportunities for older children in foster

22  care to interact with mentors.

23         5.  Develop and implement procedures for older children

24  to directly access and manage the personal allowance they

25  receive from the department in order to learn responsibility

26  and participate in age-appropriate life skills activities to

27  the extent feasible.

28         6.  Make a good faith effort to fully explain, prior to

29  execution of any signature, if required, any document, report,

30  form, or other record, whether written or electronic,

31  presented to a child or young adult pursuant to this chapter


                                  5

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1  and allow for the recipient to ask any appropriate questions

 2  necessary to fully understand the document. It shall be the

 3  responsibility of the person presenting the document to the

 4  child or young adult to comply with this subparagraph.

 5         (4)  SERVICES FOR CHILDREN IN FOSTER CARE.--The

 6  department shall provide the following transition to

 7  independence services to children in foster care who meet

 8  prescribed conditions and are determined eligible by the

 9  department. The service categories available to children in

10  foster care which facilitate successful transition into

11  adulthood are:

12         (c)  Subsidized independent living services.--

13         1.  Subsidized independent living services are living

14  arrangements that allow the child to live independently of the

15  daily care and supervision of an adult in a setting that is

16  not required to be licensed under s. 409.175.

17         2.  A child who has reached 16 years of age but is not

18  yet 18 years of age is eligible for such services and shall be

19  formally evaluated for placement in a subsidized independent

20  living arrangement, if he or she:

21         a.  Is adjudicated dependent under chapter 39; has been

22  placed in licensed out-of-home care for at least 6 months

23  prior to entering subsidized independent living; and has a

24  permanency goal of adoption, independent living, or long-term

25  licensed care; and

26         b.  Is able to demonstrate independent living skills,

27  as determined by the department, using established procedures

28  and assessments.

29         3.  Independent living arrangements established for a

30  child must be part of an overall plan leading to the total

31  independence of the child from the department's supervision.


                                  6

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1  The plan must include, but need not be limited to, a

 2  description of the skills of the child and a plan for learning

 3  additional identified skills; the behavior that the child has

 4  exhibited which indicates an ability to be responsible and a

 5  plan for developing additional responsibilities, as

 6  appropriate; a plan for future educational, vocational, and

 7  training skills; present financial and budgeting capabilities

 8  and a plan for improving resources and ability; a description

 9  of the proposed residence; documentation that the child

10  understands the specific consequences of his or her conduct in

11  the independent living program; documentation of proposed

12  services to be provided by the department and other agencies,

13  including the type of service and the nature and frequency of

14  contact; and a plan for maintaining or developing

15  relationships with the family, other adults, friends, and the

16  community, as appropriate.

17         4.  Subsidy payments in an amount established by the

18  department may be made directly to a child under the direct

19  supervision of a caseworker or other responsible adult

20  approved by the department.

21         (5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER

22  CARE.--Based on the availability of funds, the department

23  shall provide or arrange for the following services to young

24  adults formerly in foster care who meet the prescribed

25  conditions and are determined eligible by the department. The

26  department, or a community-based care lead agency when the

27  agency is under contract with the department to provide the

28  services described under this subsection, shall develop a plan

29  to implement those services. A plan shall be developed for

30  each community-based care service area in the state. Each plan

31  that is developed by a community-based care lead agency shall


                                  7

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1  be submitted to the department. Each plan shall include the

 2  number of young adults to be served each month of the fiscal

 3  year and specify the number of young adults who will reach 18

 4  years of age who will be eligible for the plan and the number

 5  of young adults who will reach 23 years of age and will be

 6  ineligible for the plan or who are otherwise ineligible during

 7  each month of the fiscal year; staffing requirements and all

 8  related costs to administer the services and program;

 9  expenditures to or on behalf of the eligible recipients; costs

10  of services provided to young adults through an approved plan

11  for housing, transportation, and employment; reconciliation of

12  these expenses and any additional related costs with the funds

13  allocated for these services; and an explanation of and a plan

14  to resolve any shortages or surpluses in order to end the

15  fiscal year with a balanced budget. The categories of services

16  available to assist a young adult formerly in foster care to

17  achieve independence are:

18         (a)  Aftercare support services.--

19         1.  Aftercare support services are available to assist

20  young adults who were formerly in foster care in their efforts

21  to continue to develop the skills and abilities necessary for

22  independent living. The aftercare support services available

23  include, but are not limited to, the following:

24         a.  Mentoring and tutoring.

25         b.  Mental health services and substance abuse

26  counseling.

27         c.  Life skills classes, including credit management

28  and preventive health activities.

29         d.  Parenting classes.

30         e.  Job and career skills training.

31         f.  Counselor consultations.


                                  8

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1         g.  Temporary financial assistance.

 2         h.  Financial literacy skills training.

 3  

 4  The specific services to be provided under this subparagraph

 5  shall be determined by an aftercare services assessment and

 6  may be provided by the department or through referrals in the

 7  community.

 8         2.  Temporary assistance provided to prevent

 9  homelessness shall be provided as expeditiously as possible

10  and within the limitations defined by the department.

11         3.  A young adult who has reached 18 years of age but

12  is not yet 23 years of age who leaves foster care at 18 years

13  of age but who requests services prior to reaching 23 years of

14  age is eligible for such services.

15         (b)  Road-to-Independence Program.--

16         1.  The Road-to-Independence Program is intended to

17  help eligible students who are former foster children in this

18  state to receive the educational and vocational training

19  needed to achieve independence. The amount of the award shall

20  be based on the living and educational needs of the young

21  adult and may be up to, but may not exceed, the amount of

22  earnings that the student would have been eligible to earn

23  working a 40-hour-a-week federal minimum wage job.

24         2.  A young adult who has earned a standard high school

25  diploma or its equivalent as described in s. 1003.43 or s.

26  1003.435, has earned a special diploma or special certificate

27  of completion as described in s. 1003.438, or has reached 18

28  years of age but is not yet 21 years of age is eligible for

29  the initial award, and a young adult under 23 years of age is

30  eligible for renewal awards, if he or she:

31  


                                  9

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1         a.  Was a dependent child, under chapter 39, and was

 2  living in licensed foster care or in subsidized independent

 3  living at the time of his or her 18th birthday or is currently

 4  living in licensed foster care or subsidized independent

 5  living, or, after reaching the age of 16 was adopted from

 6  foster care or placed with a court-approved dependency

 7  guardian and has spent a minimum of 6 months in foster care

 8  immediately preceding such placement or adoption;

 9         b.  Spent at least 6 months living in foster care

10  before reaching his or her 18th birthday;

11         c.  Is a resident of this state as defined in s.

12  1009.40; and

13         d.  Meets one of the following qualifications:

14         (I)  Has earned a standard high school diploma or its

15  equivalent as described in s. 1003.43 or s. 1003.435, or has

16  earned a special diploma or special certificate of completion

17  as described in s. 1003.438, and has been admitted for

18  full-time enrollment in an eligible postsecondary education

19  institution as defined in s. 1009.533;

20         (II)  Is enrolled full time in an accredited high

21  school; or

22         (III)  Is enrolled full time in an accredited adult

23  education program designed to provide the student with a high

24  school diploma or its equivalent.

25         3.  A young adult applying for the Road-to-Independence

26  Program must apply for any other grants and scholarships for

27  which he or she may qualify. The department shall assist the

28  young adult in the application process and may use the federal

29  financial aid grant process to determine the funding needs of

30  the young adult.

31  


                                  10

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1         4.  An award shall be available to a young adult who is

 2  considered a full-time student or its equivalent by the

 3  educational institution in which he or she is enrolled, unless

 4  that young adult has a recognized disability preventing

 5  full-time attendance. The amount of the award, whether it is

 6  being used by a young adult working toward completion of a

 7  high school diploma or its equivalent or working toward

 8  completion of a postsecondary education program, shall be

 9  determined based on an assessment of the funding needs of the

10  young adult. This assessment must consider the young adult's

11  living and educational costs and other grants, scholarships,

12  waivers, earnings, and other income to be received by the

13  young adult. An award shall be available only to the extent

14  that other grants and scholarships are not sufficient to meet

15  the living and educational needs of the young adult, but an

16  award may not be less than $25 in order to maintain Medicaid

17  eligibility for the young adult as provided in s. 409.903.

18         5.  The amount of the award may be disregarded for

19  purposes of determining the eligibility for, or the amount of,

20  any other federal or federally supported assistance.

21         6.a.  The department must advertise the criteria,

22  application procedures, and availability of the program to:

23         (I)  Children and young adults in, leaving, or formerly

24  in foster care.

25         (II)  Case managers.

26         (III)  Guidance and family services counselors.

27         (IV)  Principals or other relevant school

28  administrators.

29         (V)  Guardians ad litem.

30         (VI)  Foster parents.

31  


                                  11

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1         b.  The department shall issue awards from the program

 2  for each young adult who meets all the requirements of the

 3  program to the extent funding is available.

 4         c.  An award shall be issued at the time the eligible

 5  student reaches 18 years of age.

 6         d.  A young adult who is eligible for the

 7  Road-to-Independence Program, transitional support services,

 8  or aftercare services and who so desires shall be allowed to

 9  reside with the licensed foster family or group care provider

10  with whom he or she was residing at the time of attaining his

11  or her 18th birthday or to reside in another licensed foster

12  home or with a group care provider arranged by the department.

13         e.  If the award recipient transfers from one eligible

14  institution to another and continues to meet eligibility

15  requirements, the award must be transferred with the

16  recipient.

17         f.  Funds awarded to any eligible young adult under

18  this program are in addition to any other services or funds

19  provided to the young adult by the department through

20  transitional support services or aftercare services.

21         g.  The department shall provide information concerning

22  young adults receiving funding through the

23  Road-to-Independence Program to the Department of Education

24  for inclusion in the student financial assistance database, as

25  provided in s. 1009.94.

26         h.  Funds are intended to help eligible young adults

27  who are former foster children in this state to receive the

28  educational and vocational training needed to become

29  independent and self-supporting. The funds shall be terminated

30  when the young adult has attained one of four postsecondary

31  goals under subsection (3) or reaches 23 years of age,


                                  12

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1  whichever occurs earlier. In order to initiate postsecondary

 2  education, to allow for a change in career goal, or to obtain

 3  additional skills in the same educational or vocational area,

 4  a young adult may earn no more than two diplomas,

 5  certificates, or credentials. A young adult attaining an

 6  associate of arts or associate of science degree shall be

 7  permitted to work toward completion of a bachelor of arts or a

 8  bachelor of science degree or an equivalent undergraduate

 9  degree. Road-to-Independence Program funds may not be used for

10  education or training after a young adult has attained a

11  bachelor of arts or a bachelor of science degree or an

12  equivalent undergraduate degree.

13         i.  The department shall evaluate and renew each award

14  annually during the 90-day period before the young adult's

15  birthday. In order to be eligible for a renewal award for the

16  subsequent year, the young adult must:

17         (I)  Complete the number of hours, or the equivalent

18  considered full time by the educational institution, unless

19  that young adult has a recognized disability preventing

20  full-time attendance, in the last academic year in which the

21  young adult earned an award, except for a young adult who

22  meets the requirements of s. 1009.41.

23         (II)  Maintain appropriate progress as required by the

24  educational institution, except that, if the young adult's

25  progress is insufficient to renew the award at any time during

26  the eligibility period, the young adult may restore

27  eligibility by improving his or her progress to the required

28  level.

29         j.  Funds may be terminated during the interim between

30  an award and the evaluation for a renewal award if the

31  department determines that the award recipient is no longer


                                  13

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1  enrolled in an educational institution as defined in

 2  sub-subparagraph 2.d., or is no longer a state resident. The

 3  department shall notify a recipient who is terminated and

 4  inform the recipient of his or her right to appeal.

 5         k.  An award recipient who does not qualify for a

 6  renewal award or who chooses not to renew the award may

 7  subsequently apply for reinstatement. An application for

 8  reinstatement must be made before the young adult reaches 23

 9  years of age, and a student may not apply for reinstatement

10  more than once. In order to be eligible for reinstatement, the

11  young adult must meet the eligibility criteria and the

12  criteria for award renewal for the program.

13         (c)  Transitional support services.--

14         1.  In addition to any services provided through

15  aftercare support or the Road-to-Independence Program, a young

16  adult formerly in foster care may receive other appropriate

17  short-term funding and services, which may include financial,

18  housing, counseling, employment, education, mental health,

19  disability, and other services, if the young adult

20  demonstrates that the services are critical to the young

21  adult's own efforts to achieve self-sufficiency and to develop

22  a personal support system. The department or community-based

23  care provider shall work with the young adult in developing a

24  joint transition plan that is consistent with a needs

25  assessment identifying the specific need for transitional

26  services to support the young adult's own efforts. The young

27  adult must have specific tasks to complete or maintain

28  included in the plan and be accountable for the completion of

29  or making progress towards the completion of these tasks. If

30  the young adult and the department or community-based care

31  provider cannot come to agreement regarding any part of the


                                  14

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1  plan, the young adult may access a grievance process to its

 2  full extent in an effort to resolve the disagreement.

 3         2.  A young adult formerly in foster care is eligible

 4  to apply for transitional support services if he or she has

 5  reached 18 years of age but is not yet 23 years of age, was a

 6  dependent child pursuant to chapter 39, was living in licensed

 7  foster care or in subsidized independent living at the time of

 8  his or her 18th birthday, and had spent at least 6 months

 9  living in foster care before that date.

10         3.  If at any time the services are no longer critical

11  to the young adult's own efforts to achieve self-sufficiency

12  and to develop a personal support system, they shall be

13  terminated.

14         (d)  Payment of aftercare, Road-to-Independence

15  Program, or transitional support funds.--

16         1.  Payment of aftercare, Road-to-Independence Program,

17  or transitional support funds shall be made directly to the

18  recipient unless the recipient requests in writing to the

19  community-based care lead agency, or the department, that the

20  payments or a portion of the payments be made directly on the

21  recipient's behalf in order to secure services such as

22  housing, counseling, education, or employment training as part

23  of the young adult's own efforts to achieve self-sufficiency.

24         2.  After the completion of aftercare support services

25  that satisfy the requirements of sub-subparagraph (a)1.h.,

26  payment of awards under the Road-to-Independence Program shall

27  be made by direct deposit to the recipient, unless the

28  recipient requests in writing to the community-based care lead

29  agency or the department that:

30         a.  The payments be made directly to the recipient by

31  check or warrant;


                                  15

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1         b.  The payments or a portion of the payments be made

 2  directly on the recipient's behalf to institutions the

 3  recipient is attending to maintain eligibility under this

 4  section; or

 5         c.  The payments be made on a two-party check to a

 6  business or landlord for a legitimate expense, whether

 7  reimbursed or not. A legitimate expense for the purposes of

 8  this sub-subparagraph shall include automobile repair or

 9  maintenance expenses; educational, job, or training expenses;

10  and costs incurred, except legal costs, fines, or penalties,

11  when applying for or executing a rental agreement for the

12  purposes of securing a home or residence.

13         3.  The community-based care lead agency may purchase

14  housing, transportation, or employment services to ensure the

15  availability and affordability of specific transitional

16  services thereby allowing an eligible young adult to utilize

17  these services in lieu of receiving a direct payment. Prior to

18  purchasing such services, the community-based care lead agency

19  must have a plan approved by the department describing the

20  services to be purchased, the rationale for purchasing the

21  services, and a specific range of expenses for each service

22  that is less than the cost of purchasing the service by an

23  individual young adult. The plan must include a description of

24  the transition of a young adult using these services into

25  independence and a timeframe for achievement of independence.

26  An eligible young adult who prefers a direct payment shall

27  receive such payment. The plan must be reviewed annually and

28  evaluated for cost-efficiency and for effectiveness in

29  assisting young adults in achieving independence, preventing

30  homelessness among young adults, and enabling young adults to

31  earn a livable wage in a permanent employment situation.


                                  16

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1         4.  The young adult who resides with a foster family

 2  may not be included as a child in calculating any licensing

 3  restriction on the number of children in the foster home.

 4         (e)  Appeals process.--

 5         1.  The Department of Children and Family Services

 6  shall adopt by rule a procedure by which a young adult may

 7  appeal an eligibility determination or the department's

 8  failure to provide aftercare, Road-to-Independence Program, or

 9  transitional support services, or the termination of such

10  services, if such funds are available.

11         2.  The procedure developed by the department must be

12  readily available to young adults, must provide timely

13  decisions, and must provide for an appeal to the Secretary of

14  Children and Family Services. The decision of the secretary

15  constitutes final agency action and is reviewable by the court

16  as provided in s. 120.68.

17         Section 3.  Subsection (4) of section 409.903, Florida

18  Statutes, is amended to read:

19         409.903  Mandatory payments for eligible persons.--The

20  agency shall make payments for medical assistance and related

21  services on behalf of the following persons who the

22  department, or the Social Security Administration by contract

23  with the Department of Children and Family Services,

24  determines to be eligible, subject to the income, assets, and

25  categorical eligibility tests set forth in federal and state

26  law. Payment on behalf of these Medicaid eligible persons is

27  subject to the availability of moneys and any limitations

28  established by the General Appropriations Act or chapter 216.

29         (4)  A child who is eligible under Title IV-E of the

30  Social Security Act for subsidized board payments, foster

31  care, or adoption subsidies, and a child for whom the state


                                  17

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1  has assumed temporary or permanent responsibility and who does

 2  not qualify for Title IV-E assistance but is in foster care,

 3  shelter or emergency shelter care, or subsidized adoption.

 4  This category includes a young adult who is eligible to

 5  receive services under s. 409.1451(5), until the young adult

 6  reaches 21 20 years of age, without regard to any income,

 7  resource, or categorical eligibility test that is otherwise

 8  required. This category also includes a person who as a child

 9  was eligible under Title IV-E of the Social Security Act for

10  foster care or the state-provided foster care and who is a

11  participant in the Road-to-Independence Program.

12         Section 4.  Section 743.044, Florida Statutes, is

13  created to read:

14         743.044  Removal of disabilities of minors; executing

15  agreements for depository financial services.--For the purpose

16  of ensuring that a youth in foster care will be able to secure

17  depository financial services, such as checking and savings

18  accounts, the disability of nonage of minors shall be removed

19  provided that the youth has reached 16 years of age, has been

20  adjudicated dependent, is residing in an out-of-home placement

21  as defined in s. 39.01, and has completed a financial literacy

22  class. Upon issuance of an order by a court of competent

23  jurisdiction, such a youth is authorized to make and execute

24  all documents, contracts, or agreements necessary for

25  obtaining the rights, privileges, and benefits of depository

26  financial services as if the youth is otherwise competent to

27  make and execute contracts. Execution of any such contract or

28  agreement for depository financial services shall have the

29  same effect as if it were the act of a person who is not a

30  minor. A youth seeking to enter into such contracts or

31  agreements or execute other necessary instruments incidental


                                  18

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2007 Legislature                         CS for CS for SB 2114



 1  to obtaining depository financial services must present an

 2  order from a court of competent jurisdiction removing the

 3  disabilities of nonage of the minor under this section.

 4         Section 5.  For the purpose of implementing this act

 5  during the 2007-2008 fiscal year:

 6         (1)  The sum of $420,358 is appropriated from the

 7  General Revenue Fund to the Department of Children and Family

 8  Services.

 9         (2)  The sum of $519,479 is appropriated from the

10  General Revenue Fund and $686,089 is appropriated from the

11  Medical Care Trust Fund to the Agency for Health Care

12  Administration.

13         Section 6.  This act shall take effect July 1, 2007.

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  19

CODING: Words stricken are deletions; words underlined are additions.