CS/HB 1241

1
A bill to be entitled
2An act relating to independent living; amending s. 39.013,
3F.S.; requiring the court to retain jurisdiction over a
4child until the child is 21 years of age if the child
5elects to receive Foundations First Program services;
6providing for an annual judicial review; amending s.
739.6012, F.S.; requiring assurance in a child's case plan
8that efforts were made to avoid a change in the child's
9school; creating s. 39.6015, F.S.; providing purpose and
10legislative intent with respect to the provision of
11services for older children who are in licensed care;
12requiring the documentation of assurances that school
13stability is considered when a child in care is moved;
14providing for the same assurances for children with
15disabilities; defining the term "school or origin";
16requiring that the Department of Children and Family
17Services or the community-based provider provide
18reimbursement for the costs of transportation provided for
19a child in care; requiring changes in a child's school to
20be minimally disruptive; specifying criteria to be
21considered by the department and community-based provider
22during the transition of a child to another school;
23requiring children in care to attend school; requiring
24scheduled appointments to consider the child's school
25attendance; providing penalties for caregivers who refuse
26or fail to ensure that the child attends school regularly;
27specifying who may serve as an education advocate;
28requiring documentation that an education advocate or
29surrogate parent has been designated or appointed for a
30child in care; requiring a child in middle school to
31complete an electronic personal academic and career plan;
32requiring caregivers to attend school meetings; specifying
33requirements for transition individual education plan
34meetings for children with disabilities; requiring that a
35child be provided with information relating to the Road-
36to-Independence Program; requiring that the caregiver or
37education advocate attend parent-teacher conferences;
38requiring that a caregiver be provided with access to
39school resources in order to enable a child to achieve
40educational success; requiring the delivery of a
41curriculum model relating to self-advocacy; requiring
42documentation of a child's progress, the services needed,
43and the party responsible for providing services;
44specifying choices for a child with respect to diplomas
45and certificates for high school graduation or completion;
46providing that a child with a disability may stay in
47school until 22 years of age under certain circumstances;
48requiring caregivers to remain involved in the academic
49life of child in high school; requiring documentation of a
50child's progress, the services needed, and the party who
51is responsible for providing services; providing for a
52child to be exposed to job-preparatory instruction,
53enrichment activities, and volunteer and service
54opportunities, including activities and services offered
55by the Agency for Workforce Innovation; requiring that
56children in care be afforded opportunities to participate
57in the usual activities of school, community, and family
58life; requiring caregivers to encourage and support a
59child's participation in extracurricular activities;
60requiring that transportation be provided for a child;
61providing for the development of a transition plan;
62specifying the contents of a transition plan; requiring
63that the plan be reviewed by the court; requiring that a
64child be provided with specified documentation; requiring
65that the transition plan be coordinated with the case plan
66and a transition plan prepared pursuant to the Individuals
67with Disabilities Education Act for a child with
68disabilities; requiring the creation of a notice that
69specifies the options that are available to the child;
70requiring that community-based care lead agencies and
71contracted providers report specified data to the
72department and Legislature; amending s. 39.701, F.S.;
73conforming terminology; specifying the required
74considerations during judicial review of a child under the
75jurisdiction of the court; specifying additional documents
76that must be provided to a child and that must be verified
77at the judicial review; requiring judicial review of a
78transition plan; conforming references; amending s.
79409.1451, F.S., relating to the Road-to-Independence
80Program; creating the Foundations First Program for young
81adults who want to remain in care after reaching 18 years
82of age; providing eligibility, termination, and reentry
83requirements for the program; requiring a court hearing
84before termination; providing for the development of a
85transition plan; specifying the contents of the transition
86plan; requiring that a young adult be provided with
87specified documentation; requiring that the transition
88plan be coordinated with the case plan and a transition
89plan prepared pursuant to the Individuals with
90Disabilities Education Act for a young adult with
91disabilities; requiring the creation of a notice that
92specifies the options that are available to the young
93adult; requiring annual judicial reviews; creating the
94College Bound Program for young adults who have completed
95high school and have been admitted to an eligible
96postsecondary institution; providing eligibility
97requirements; providing for a stipend; requiring
98satisfactory academic progress for continuation of the
99stipend; providing for reinstatement of the stipend;
100providing for portability of services for a child or young
101adult who moves out of the county or out of state;
102specifying data required to be reported to the department
103and Legislature; conforming terminology relating to the
104Independent Living Services Advisory Council; providing
105rulemaking authority to the Department of Children and
106Family Services; requiring the department to amend the
107case plan and judicial social service review formats;
108providing for young adults receiving transition services
109to continue to receive existing services until their
110eligibility for that benefit program expires; requiring
111the department to develop a request for proposal for the
112creation of an education advocacy system; requiring the
113department to contract with a national nonprofit
114organization to administer the Road-to-Independence
115Program; providing that funding for certain postsecondary
116education students is contingent upon available funding;
117providing an effective date.
118
119Be It Enacted by the Legislature of the State of Florida:
120
121     Section 1.  Subsection (2) of section 39.013, Florida
122Statutes, is amended to read:
123     39.013  Procedures and jurisdiction; right to counsel.-
124     (2)  The circuit court has exclusive original jurisdiction
125of all proceedings under this chapter, of a child voluntarily
126placed with a licensed child-caring agency, a licensed child-
127placing agency, or the department, and of the adoption of
128children whose parental rights have been terminated under this
129chapter. Jurisdiction attaches when the initial shelter
130petition, dependency petition, or termination of parental rights
131petition is filed or when a child is taken into the custody of
132the department. The circuit court may assume jurisdiction over
133any such proceeding regardless of whether the child was in the
134physical custody of both parents, was in the sole legal or
135physical custody of only one parent, caregiver, or some other
136person, or was in the physical or legal custody of no person
137when the event or condition occurred that brought the child to
138the attention of the court. When the court obtains jurisdiction
139of any child who has been found to be dependent, the court shall
140retain jurisdiction, unless relinquished by its order, until the
141child reaches 18 years of age. However, if a young adult chooses
142to participate in the Foundations First Program, the court shall
143retain jurisdiction until the young adult leaves the program as
144provided for in s. 409.1451(4). The court shall review the
145status of the young adult at least every 12 months or more
146frequently if the court deems it necessary youth petitions the
147court at any time before his or her 19th birthday requesting the
148court's continued jurisdiction, the juvenile court may retain
149jurisdiction under this chapter for a period not to exceed 1
150year following the youth's 18th birthday for the purpose of
151determining whether appropriate aftercare support, Road-to-
152Independence Program, transitional support, mental health, and
153developmental disability services, to the extent otherwise
154authorized by law, have been provided to the formerly dependent
155child who was in the legal custody of the department immediately
156before his or her 18th birthday. If a petition for special
157immigrant juvenile status and an application for adjustment of
158status have been filed on behalf of a foster child and the
159petition and application have not been granted by the time the
160child reaches 18 years of age, the court may retain jurisdiction
161over the dependency case solely for the purpose of allowing the
162continued consideration of the petition and application by
163federal authorities. Review hearings for the child shall be set
164solely for the purpose of determining the status of the petition
165and application. The court's jurisdiction terminates upon the
166final decision of the federal authorities. Retention of
167jurisdiction in this instance does not affect the services
168available to a young adult under s. 409.1451. The court may not
169retain jurisdiction of the case after the immigrant child's 22nd
170birthday.
171     Section 2.  Subsections (2) and (3) of section 39.6012,
172Florida Statutes, are amended to read:
173     39.6012  Case plan tasks; services.-
174     (2)  The case plan must include all available information
175that is relevant to the child's care including, at a minimum:
176     (a)  A description of the identified needs of the child
177while in care.
178     (b)  A description of the plan for ensuring that the child
179receives safe and proper care and that services are provided to
180the child in order to address the child's needs. To the extent
181available and accessible, the following health, mental health,
182and education information and records of the child must be
183attached to the case plan and updated throughout the judicial
184review process:
185     1.  The names and addresses of the child's health, mental
186health, and educational providers;
187     2.  The child's grade level performance;
188     3.  The child's school record;
189     4.  Assurances that the child's placement takes into
190account proximity to the school in which the child is enrolled
191at the time of placement and that efforts were made to allow the
192child to remain in that school if it is in the best interest of
193the child;
194     5.  A record of the child's immunizations;
195     6.  The child's known medical history, including any known
196problems;
197     7.  The child's medications, if any; and
198     8.  Any other relevant health, mental health, and education
199information concerning the child.
200     (3)  In addition to any other requirement, if the child is
201in an out-of-home placement, the case plan must include:
202     (a)  A description of the type of placement in which the
203child is to be living.
204     (b)  A description of the parent's visitation rights and
205obligations and the plan for sibling visitation if the child has
206siblings and is separated from them.
207     (c)  When appropriate, for a child who is in middle school
208or high school 13 years of age or older, a written description
209of the programs and services that will help the child prepare
210for the transition from foster care to independent living.
211     (d)  A discussion of the safety and the appropriateness of
212the child's placement, which placement is intended to be safe,
213and the least restrictive and the most family-like setting
214available consistent with the best interest and special needs of
215the child and in as close proximity as possible to the child's
216home.
217     Section 3.  Section 39.6015, Florida Statutes, is created
218to read:
219     39.6015  Services for older children in licensed care.-
220     (1)  PURPOSE AND INTENT.-The Legislature recognizes that
221education and the other positive experiences of a child are key
222to a successful future as an adult and that it is particularly
223important for a child in care to be provided with opportunities
224to succeed. The Legislature intends that individuals and
225communities become involved in the education of a child in care,
226address issues that will improve the educational outcomes for
227the child, and find ways to ensure that the child values and
228receives a high-quality education. Many professionals in the
229local community understand these issues, and it is the intent of
230the Legislature that, in fulfilling their responsibilities to
231the child, biological parents, caregivers, educators, advocates,
232the department and its community-based care providers, guardians
233ad litem, and judges work together to ensure that an older child
234in care has access to the same academic resources, services, and
235extracurricular and enrichment activities that are available to
236all children. Engaging an older child in a broad range of the
237usual activities of family, school, and community life during
238adolescence will help to empower the child in his or her
239transition into adulthood and in living independently. The
240Legislature intends for services to be delivered in an age-
241appropriate and developmentally appropriate manner, along with
242modifications or accommodations as may be necessary to include
243every child, specifically including a child with a disability.
244It is also the intent of the Legislature that while services to
245prepare an older child for life on his or her own are important,
246these services will not diminish efforts to achieve permanency
247goals of reunification, adoption, or permanent guardianship.
248     (2)  EDUCATION PROVISIONS.-Perhaps more than any other
249population, an older child in care is in need of a quality
250education. The child depends on the school to provide positive
251role models, to provide a network of relationships and
252friendships that will help the child gain social and personal
253skills, and to provide the educational opportunities and other
254activities that are needed for a successful transition into
255adulthood.
256     (a)  School stability.-The mobility of a child in care can
257disrupt the educational experience. Whenever a child enters
258care, or is moved from one home to another, the proximity of the
259new home to the child's school of origin shall be considered. If
260the child is relocated outside the area of the school of origin,
261the department and its community-based providers shall provide
262the necessary support to the caregiver so that the child can
263continue enrollment in the school of origin if it is in the best
264interest of the child. As used in this paragraph, the term
265"school of origin" means the school that the child attended
266before coming into care or the school in which the child was
267last enrolled. The case plan shall include tasks or a plan for
268ensuring the child's educational stability while in care. As
269part of this plan, the community-based care provider shall
270document assurances that:
271     1.  When an child comes into care, the appropriateness of
272the current educational setting and the proximity to the school
273in which the child is enrolled at the time of coming into care
274have been taken into consideration.
275     2.  The community-based care provider has coordinated with
276appropriate local school districts to determine if the child can
277remain in the school in which he or she is enrolled.
278     3.  The child in care has been asked about his or her
279educational preferences and needs, including his or her view on
280whether to change schools when the living situation changes.
281     4.  A child with a disability is allowed to continue in an
282appropriate educational setting, regardless of changes to the
283location of the home, and transportation is addressed and
284provided in accordance with the child's individualized education
285program. A children with a disability shall receive the
286protections provided in federal and state law, including
287timelines for evaluations, implementation of an individualized
288education plan or an individual family service plan, and
289placement in the least restrictive environment, even when the
290child changes school districts.
291     5.  If the school district does not provide transportation,
292or the individualized education plan does not include
293transportation as a service, the department and its community-
294based providers shall provide special reimbursement for expenses
295associated with transporting a child to his or her school of
296origin. Transportation arrangements shall follow a route that is
297as direct and expedient for the child as is reasonably possible.
298     (b)  School transitions.-When a change in schools is
299necessary, it shall be as least disruptive as possible and the
300support necessary for a successful transition shall be provided
301by the department, the community-based provider, and the
302caregiver. The department and the community-based providers
303shall work with school districts to develop and implement
304procedures to will ensure that a child in care:
305     1.  Is enrolled immediately in a new school and can begin
306classes promptly.
307     2.  Does not experience a delay in enrollment and delivery
308of appropriate services due to school or record requirements as
309required by s. 1003.22.
310     3.  Has education records that are comprehensive and
311accurate and promptly follow the child to a new school.
312     4.  Is allowed to participate in all academic and
313extracurricular programs when arriving at a new school in the
314middle of a school term, even if normal timelines have passed or
315programs are full.
316     5.  Receives credit and partial credit for coursework
317completed at the prior school.
318     6.  Has the ability to receive a high school diploma even
319when the child has attended multiple schools that have varying
320graduation requirements.
321     (c)  School attendance.-A child in care shall attend school
322as required by s. 1003.26.
323     1.  The community-based care provider and caregiver shall
324eliminate any barriers to attendance such as required school
325uniforms or school supplies.
326     2.  Appointments and court appearances for a child in care
327shall be scheduled to minimize the impact on the child's
328education and to ensure that the child is not penalized for
329school time or work missed because of court or child-welfare-
330case-related activities.
331     3.  A caregiver who refuses or fails to ensure that a child
332who is in his or her care attends school regularly shall be
333subject to the same procedures and penalties as a parent under
334s. 1003.27.
335     (d)  Education advocacy.-
336     1.  A child in care should have an adult who is
337knowledgeable about schools and children in care and who serves
338as an education advocate to reinforce the value of the child's
339investment in education, to ensure that the child receives a
340high-quality education, and to help the child plan for middle
341school, high school, and postschool training, employment, or
342college. The advocate may be a caregiver, care manager, guardian
343ad litem, educator, or individual hired and trained for the
344specific purpose of serving as an educational advocate.
345     2.  A child in care with disabilities who is eligible for
346the appointment of a surrogate parent, as required in s.
34739.0016, shall be assigned a surrogate in a timely manner, but
348no later than 30 days after a determination that a surrogate is
349needed.
350     3.  The community-based provider shall document in the
351child's case plan that an education advocate has been identified
352for each child in care or that a surrogate parent has been
353appointed for each child in care with a disability.
354     (e)  Academic requirements and support; middle school
355students.-In order to be promoted from a state school composed
356of middle grades 6, 7, and 8, a child must complete the required
357courses that include mathematics, English, social studies, and
358science.
359     1.  In addition to other academic requirements, a child
360must complete one course in career and education planning in 7th
361or 8th grade. As required by s. 1003.4156, the course must
362include career exploration using Florida CHOICES Explorer or
363Florida CHOICES Planner and must include educational planning
364using the online student advising system known as Florida
365Academic Counseling and Tracking for Students at the Internet
366website FACTS.org.
367     a.  Each child shall complete an electronic personal
368academic and career plan that must be signed by the child, the
369child's teacher, guidance counselor, or academic advisor, and
370the child's parent, caregiver, or other designated education
371advocate.
372     b.  The required personalized academic and career plan must
373inform students of high school graduation requirements, high
374school assessment and college entrance test requirements,
375Florida Bright Futures Scholarship Program requirements, state
376university and Florida college admission requirements, and
377programs through which a high school student may earn college
378credit, including Advanced Placement, International
379Baccalaureate, Advanced International Certificate of Education,
380dual enrollment, career academy opportunities, and courses that
381lead to national industry certification.
382     c.  A caregiver shall attend the parent meeting held by the
383school to inform parents about the career and education planning
384course curriculum and activities associated with it.
385     2.  For a child with disabilities, the decision whether to
386work toward a standard diploma or a special diploma shall be
387addressed at the transition individual education plan meeting
388conducted during the child's 8th grade year or the year the
389child turns 14 years of age, whichever occurs first. The child
390shall be invited to participate in this and each subsequent
391transition individual education plan meeting. At this meeting,
392the transition individual education plan team, including the
393child, the caregiver, or other designated education advocate,
394shall determine whether a standard or special diploma best
395prepares the child for his or her education and career goals
396after high school.
397     a.  The team shall plan the appropriate course of study,
398which may include basic education courses, career education
399courses, and exceptional student education courses.
400     b.  The team shall identify any special accommodations and
401modifications needed to help the child participate fully in the
402educational program.
403     c.  All decisions shall be documented on the transition
404individual education plan, and this information shall be used to
405guide the child's educational program as he or she enters high
406school.
407     3.  A caregiver or the community-based care provider shall
408provide the child with all information related to the Road-to-
409Independence Program as provided in s. 409.1451.
410     4.  A caregiver or another designated education advocate
411shall attend parent-teacher conferences and monitor each child's
412academic progress.
413     5.  Each district school board, as required by s. 1002.23,
414shall develop and implement a well-planned, inclusive, and
415comprehensive program to assist parents and families in
416effectively participating in their child's education. A school
417district shall have available resources and services for parents
418and their children, such as family literacy services; mentoring,
419tutorial, and other academic reinforcement programs; college
420planning, academic advisement, and student counseling services;
421and after-school programs. A caregiver shall access these
422resources as necessary to enable the child in their care to
423achieve educational success.
424     6.  A child in care, particularly a child with a
425disability, shall be involved and engaged in all aspects of his
426or her education and educational planning and must be empowered
427to be an advocate for his or her education needs. Community-
428based care providers shall enter into partnerships with school
429districts to deliver curriculum on self-determination or self-
430advocacy to engage and empower the child to be his or her own
431advocate, along with support from the caregiver, community-based
432care provider, guardian ad litem, teacher, school guidance
433counselor, or other designated education advocate.
434     7.  The community-based care provider shall document in the
435case plan evidence of the child's progress toward, and
436achievement of, academic, life, social, and vocational skills.
437The case plan shall be amended to fully and accurately reflect
438the child's academic and career plan, identify the services and
439tasks needed to support that plan, and identify the party
440responsible for accomplishing the tasks or providing the needed
441services.
442     (f)  Academic requirements and support; high school
443students.-Graduation from high school is essential for a child
444to be able to succeed and live independently as an adult. In
445Florida, 70 percent of children in care reach 18 years of age
446without having obtained a high school diploma. It is the
447responsibility of the department, its community-based providers,
448and caregivers to ensure that a child in care is able to take
449full advantage of every resource and opportunity in order to be
450able to graduate from high school and be adequately prepared to
451pursue postsecondary education at a college or university or to
452acquire the education and skills necessary to enter the
453workplace. In preparation for accomplishing education and career
454goals after high school, the child must select the appropriate
455course of study that best meets his or her needs.
456     1.  An older child who plans to attend a college or
457university after graduation must take certain courses to meet
458state university admission requirements. The course requirements
459for state university admission are the same for two Bright
460Futures Scholarship awards, the Florida Academic Scholars, and
461Florida Medallion Scholars. By following this course of study,
462which is required for state university admission and recommended
463if the child intends to pursue an associate in arts degree at a
464state college and transfer to a college or university to
465complete a bachelor's degree, the child will meet the course
466requirements for high school graduation, state university
467admission, and two Bright Futures Scholarship awards.
468     2.  Older children who plan to focus on a career technical
469program in high school in order to gain skills for work or
470continue after graduation at a state college, technical center,
471or registered apprenticeship program should choose a course of
472study that will meet the course requirements for high school
473graduation, the third Bright Futures Scholarship award, and the
474Gold Seal Vocational Scholars. This course of study is
475recommended if the child intends to pursue a technical
476certificate or license, associate's degree, or bachelor's
477degree, or wishes to gain specific career training.
478     3.  Older children with disabilities may choose to work
479toward a standard diploma, a special diploma, or a certificate
480of completion. The child shall be assisted in choosing a diploma
481option by school and district staff through the development of
482the individual educational plan. The diploma choice shall be
483reviewed each year at the child's individual education plan
484meeting.
485     a.  Older children or young adults with disabilities who
486have not earned a standard diploma or who have been awarded a
487special diploma, certificate of completion, or special
488certificate of completion before reaching 22 years of age may
489stay in school until they reach 22 years of age.
490     b.  The school district shall continue to offer services
491until the young adult reaches 22 years of age or until he or she
492earns a standard diploma, whichever occurs first, as required by
493the Individuals with Disabilities Education Act.
494     4.  The provisions of this paragraph do not preclude an
495older child from seeking the International Baccalaureate Diploma
496or the Advanced International Certificate of Education Diploma.
497     5.  Educational guidance and planning for high school shall
498be based upon the decisions made during middle school.
499Caregivers shall remain actively involved in the child's
500academic life by attending parent-teacher conferences and taking
501advantage of available resources to enable the child to achieve
502academic success.
503     6.  The community-based care provider shall document in the
504case plan evidence of the child's progress toward, and
505achievement of, academic, life, social, and vocational skills.
506The case plan shall be amended to completely reflect the child's
507academic and career plan, identify the services and tasks needed
508to support that plan, and identify the party responsible for
509accomplishing the tasks or providing the needed services.
510     7.  At the high school level, participation in workforce
511readiness activities is essential to help a child in care
512prepare himself or herself to be a self-supporting and
513productive adult. The caregiver and the community-based care
514provider shall ensure that each child:
515     a.  Who is interested in pursuing a career after high
516school graduation is exposed to job-preparatory instruction in
517the competencies that prepare students for effective entry into
518an occupation, including diversified cooperative education, work
519experience, and job-entry programs that coordinate directed
520study and on-the-job training.
521     b.  Is provided with the opportunity to participate in
522enrichment activities that are designed to increase the child's
523understanding of the workplace, to explore careers, and to
524develop goal-setting, decisionmaking, and time-management
525skills.
526     c.  Is provided with volunteer and service learning
527opportunities in order to begin developing workplace and
528planning skills, self-esteem, and personal leadership skills.
529     d.  Is provided with an opportunity to participate in
530activities and services provided by the Agency for Workforce
531innovation and its regional workforce boards which are designed
532to prepare all young adults, including those with disabilities,
533for the workforce.
534     (3)  EXTRA CURRICULAR ACTIVITIES.-An older child in care
535shall be accorded to the fullest extent possible the opportunity
536to participate in the activities of community, school, and
537family life.
538     (a)  A caregiver shall encourage and support participation
539in age-appropriate extracurricular and social activities for an
540older child, including a child with a disability.
541     (b)  A caregiver shall be expected to provide
542transportation for such activities and community-based care
543providers shall provide special reimbursement for expenses for
544such activities, including mileage reimbursement.
545     (c)  The department and its community-based providers may
546not place an older child in a home if the caregiver does not
547encourage and facilitate participation in and provide
548transportation to the extracurricular activities of the child's
549choice, unless other arrangements can be made by the community-
550based care provider to enable the child's participation in such
551activities.
552     (d)  A caregiver is not responsible under administrative
553rules or laws pertaining to state licensure, and a caregiver's
554licensure status is not subject to jeopardy in any manner, for
555the actions of a child in their care who engages in age-
556appropriate activities.
557     (4)  DEVELOPMENT OF THE TRANSITION PLAN.-If a child is
558planning to leave care upon reaching 18 years of age, during the
55990-day period before the child reaches 18 years of age, the
560department and community-based care provider, in collaboration
561with the caregiver, any other designated education advocate, and
562any other individual whom the child would like to have included,
563shall assist and support the older child in developing a
564transition plan. The transition plan must take into account all
565of the education and other skills achieved by the child in
566middle and high school, include specific options for the child
567on housing, health insurance, education, local opportunities for
568mentors and continuing support services, and workforce support
569and employment services, and must be reviewed by the court
570during the last review hearing before the child reaches 18 years
571of age. In developing the plan, the department and community-
572based provider shall:
573     (a)  Provide the child with the documentation required in
574s. 39.701(7);
575     (b)  Coordinate with local public and private entities in
576designing the transition plan as appropriate;
577     (c)  Coordinate the transition plan with the independent
578living provisions in the case plan and the Individuals with
579Disabilities Education Act transition plan for a child with a
580disability; and
581     (d)  Create a clear and developmentally appropriate notice
582specifying the options available for a young adult who chooses
583to remain in care for a longer period. The notice must include
584information about what services the child is eligible for and
585how such services may be obtained.
586     (5)  ACCOUNTABILITY.-
587     (a)  The community-based care lead agencies and its
588contracted providers shall report to the department the
589following information:
590     1.  The total number of children in care who are enrolled
591in middle school or high school and, in a breakdown by age, how
592many had their living arrangements change one time and how many
593were moved two or more times. For the children who were moved,
594how many had to change schools and how many of those changes
595were due to a lack of transportation.
596     2.  For those children for whom transportation was
597provided, how many children were provided transportation, how
598was it provided, how was the transportation paid for, and the
599amount of the total expenditure by the lead agency.
600     3.  The same information required in subparagraphs 1. and
6012., specific to children in care with a disability.
602     4.  In a breakdown by age, for those children who change
603schools at least once, how many children experienced problems in
604the transition, what kinds of problems were encountered, and
605what steps did the lead agency and the caregiver take to remedy
606those problems.
607     5.  In a breakdown by age, out of the total number of
608children in care, the number of children who were absent from
609school more than 10 days in a semester and the steps taken by
610the lead agency and the caregiver to reduce absences.
611     6.  Evidence that the lead agency has established a working
612relationship with each school district in which a child in care
613attends school.
614     7.  In a breakdown by age, out of the total number of
615children in care, the number who have documentation in the case
616plan that either an education advocate or a surrogate parent has
617been designated or appointed.
618     8.  In a breakdown by age, out of the total number of
619children in care, the number of children who have documentation
620in the case plan that they have an education advocate who
621regularly participates in parent-teacher meetings and other
622school-related activities.
623     9.  For those children in care who have finished 8th grade,
624the number of children who have documentation in the case plan
625that they have completed the academic and career plan required
626by s. 1003.4156 and that the child and the caregiver have signed
627the plan.
628     10.  For those children in care who have a disability and
629have finished 8th grade, the number of children who have
630documentation in the case plan that they have had a transition
631individual education plan meeting.
632     11.  The total number of children in care who are in middle
633school or high school, with a breakdown by age. For each age,
634the number of children who are reading at or above grade level,
635the number of children who have successfully completed the FCAT
636and end-of-course assessments, the number of children who have
637dropped out of school, the number of children who have enrolled
638in any dual enrollment or advanced placement courses, and the
639number of children completing the required number of courses,
640assessments, and hours needed to be promoted to the next grade
641level.
642     12.  The total number of children in care who are in middle
643school or high school, with a breakdown by age. For each age,
644the number of children who have documentation in the case plan
645that they are involved in at least one extracurricular activity,
646whether it is a school-based or community-based activity,
647whether they are involved in at least one service or volunteer
648activity, and who provides the transportation.
649     13.  The total number of children in care who are 17 years
650of age and who are obtaining services from the lead agency or
651its contracted providers and how many of that total number have
652indicated that they plan to remain in care after turning 18
653years of age, and for those children who plan to leave care, how
654many children have a transition plan.
655     14.  A breakdown of documented expenses for children in
656middle and high school.
657     (b)  Each community-based care lead agency shall provided
658its report to the department by September 30 of each year. The
659department shall compile the reports from each community-based
660care lead agency and provide them to the Legislature by December
66131 of each year, with the first report due to the Legislature on
662December 31, 2011.
663     Section 4.  Subsections (7), (8), and (9) of section
66439.701, Florida Statutes, are amended to read:
665     39.701  Judicial review.-
666     (7)(a)  In addition to paragraphs (1)(a) and (2)(a), the
667court shall hold a judicial review hearing within 90 days after
668a child's youth's 17th birthday. The court shall also issue an
669order, separate from the order on judicial review, that the
670disability of nonage of the child youth has been removed
671pursuant to s. 743.045. The court shall continue to hold timely
672judicial review hearings thereafter. In addition, the court may
673review the status of the child more frequently during the year
674prior to the child's youth's 18th birthday if necessary. At each
675review held under this subsection, in addition to any
676information or report provided to the court, the caregiver
677foster parent, legal custodian, guardian ad litem, and the child
678shall be given the opportunity to address the court with any
679information relevant to the child's best interests, particularly
680as it relates to the requirements of s. 39.6015 and the Road-to-
681Independence Program under s. 409.1451 independent living
682transition services. In addition to any information or report
683provided to the court, the department shall include in its
684judicial review social study report written verification that
685the child has been provided with:
686     1.  Has been provided with A current Medicaid card and has
687been provided all necessary information concerning the Medicaid
688program sufficient to prepare the child youth to apply for
689coverage upon reaching age 18, if such application would be
690appropriate.
691     2.  Has been provided with A certified copy of his or her
692birth certificate and, if the child does not have a valid
693driver's license, a Florida identification card issued under s.
694322.051.
695     3.  A social security card and Has been provided
696information relating to Social Security Insurance benefits if
697the child is eligible for these benefits. If the child has
698received these benefits and they are being held in trust for the
699child, a full accounting of those funds must be provided and the
700child must be informed about how to access those funds.
701     4.  Has been provided with information and training related
702to budgeting skills, interviewing skills, and parenting skills.
703     4.5.  Has been provided with All relevant information
704related to the Road-to-Independence Program, including, but not
705limited to, eligibility requirements, information on how forms
706necessary to participate apply, and assistance in gaining
707admission to the program completing the forms. The child shall
708also be informed that, if he or she is eligible for the Road-to-
709Independence Program, he or she may reside with the licensed
710foster family or group care provider with whom the child was
711residing at the time of attaining his or her 18th birthday or
712may reside in another licensed foster home or with a group care
713provider arranged by the department.
714     5.6.  An opportunity to Has an open a bank account, or
715obtain has identification necessary to open an account, and has
716been provided with essential banking and budgeting skills.
717     6.7.  Has been provided with Information on public
718assistance and how to apply.
719     7.8.  Has been provided A clear understanding of where he
720or she will be living on his or her 18th birthday, how living
721expenses will be paid, and what educational program or school he
722or she will be enrolled in.
723     8.9.  Information related to the ability Has been provided
724with notice of the child youth's right to remain in care until
725he or she reaches 21 years of age petition for the court's
726continuing jurisdiction for 1 year after the youth's 18th
727birthday as specified in s. 39.013(2) and with information on
728how to participate in the Road-to-Independence Program obtain
729access to the court.
730     9.  A letter providing the dates that the child was under
731the jurisdiction of the court.
732     10.  A letter stating that the child was in care, in
733compliance with financial aid documentation requirements.
734     11.  His or her entire educational records.
735     12.  His or her entire health and mental health records.
736     13.  The process for accessing his or her case file.
737     14.10.  Encouragement Has been encouraged to attend all
738judicial review hearings occurring after his or her 17th
739birthday.
740     (b)  At the first judicial review hearing held subsequent
741to the child's 17th birthday, in addition to the requirements of
742subsection (8), the department shall provide the court with an
743updated case plan that includes specific information related to
744the provisions of s. 39.6015, independent living services that
745have been provided since the child entered middle school child's
74613th birthday, or since the date the child came into foster
747care, whichever came later.
748     (c)  At the last judicial review hearing held before the
749child's 18th birthday, in addition of the requirements of
750subsection (8), the department shall provide for the court to
751review the transition plan for a child who is planning to leave
752care after reaching his or her 18th birthday.
753     (d)(c)  At the time of a judicial review hearing held
754pursuant to this subsection, if, in the opinion of the court,
755the department has not complied with its obligations as
756specified in the written case plan or in the provision of
757independent living services as required by s. 39.6015, s.
758409.1451, and this subsection, the court shall issue a show
759cause order. If cause is shown for failure to comply, the court
760shall give the department 30 days within which to comply and, on
761failure to comply with this or any subsequent order, the
762department may be held in contempt.
763     (8)(a)  Before every judicial review hearing or citizen
764review panel hearing, the social service agency shall make an
765investigation and social study concerning all pertinent details
766relating to the child and shall furnish to the court or citizen
767review panel a written report that includes, but is not limited
768to:
769     1.  A description of the type of placement the child is in
770at the time of the hearing, including the safety of the child
771and the continuing necessity for and appropriateness of the
772placement.
773     2.  Documentation of the diligent efforts made by all
774parties to the case plan to comply with each applicable
775provision of the plan.
776     3.  The amount of fees assessed and collected during the
777period of time being reported.
778     4.  The services provided to the caregiver foster family or
779legal custodian in an effort to address the needs of the child
780as indicated in the case plan.
781     5.  A statement that either:
782     a.  The parent, though able to do so, did not comply
783substantially with the case plan, and the agency
784recommendations;
785     b.  The parent did substantially comply with the case plan;
786or
787     c.  The parent has partially complied with the case plan,
788with a summary of additional progress needed and the agency
789recommendations.
790     6.  A statement from the caregiver foster parent or legal
791custodian providing any material evidence concerning the return
792of the child to the parent or parents.
793     7.  A statement concerning the frequency, duration, and
794results of the parent-child visitation, if any, and the agency
795recommendations for an expansion or restriction of future
796visitation.
797     8.  The number of times a child has been removed from his
798or her home and placed elsewhere, the number and types of
799placements that have occurred, and the reason for the changes in
800placement.
801     9.  The number of times a child's educational placement has
802been changed, the number and types of educational placements
803which have occurred, and the reason for any change in placement.
804     10.  If the child has entered middle school reached 13
805years of age but is not yet 18 years of age, the specific
806information contained in the case plan related to the provisions
807of s. 39.6015 results of the preindependent living, life skills,
808or independent living assessment; the specific services needed;
809and the status of the delivery of the identified services.
810     11.  Copies of all medical, psychological, and educational
811records that support the terms of the case plan and that have
812been produced concerning the parents or any caregiver since the
813last judicial review hearing.
814     12.  Copies of the child's current health, mental health,
815and education records as identified in s. 39.6012.
816     (b)  A copy of the social service agency's written report
817and the written report of the guardian ad litem must be served
818on all parties whose whereabouts are known; to the caregivers
819foster parents or legal custodians; and to the citizen review
820panel, at least 72 hours before the judicial review hearing or
821citizen review panel hearing. The requirement for providing
822parents with a copy of the written report does not apply to
823those parents who have voluntarily surrendered their child for
824adoption or who have had their parental rights to the child
825terminated.
826     (c)  In a case in which the child has been permanently
827placed with the social service agency, the agency shall furnish
828to the court a written report concerning the progress being made
829to place the child for adoption. If the child cannot be placed
830for adoption, a report on the progress made by the child towards
831alternative permanency goals or placements, including, but not
832limited to, guardianship, long-term custody, long-term licensed
833custody, or independent living, must be submitted to the court.
834The report must be submitted to the court at least 72 hours
835before each scheduled judicial review.
836     (d)  In addition to or in lieu of any written statement
837provided to the court, the caregiver foster parent or legal
838custodian, or any preadoptive parent, shall be given the
839opportunity to address the court with any information relevant
840to the best interests of the child at any judicial review
841hearing.
842     (9)  The court and any citizen review panel shall take into
843consideration the information contained in the social services
844study and investigation and all medical, psychological, and
845educational records that support the terms of the case plan;
846testimony by the social services agency, the parent, the
847caregiver foster parent or legal custodian, the guardian ad
848litem or surrogate parent for educational decisionmaking if one
849has been appointed for the child, and any other person deemed
850appropriate; and any relevant and material evidence submitted to
851the court, including written and oral reports to the extent of
852their probative value. These reports and evidence may be
853received by the court in its effort to determine the action to
854be taken with regard to the child and may be relied upon to the
855extent of their probative value, even though not competent in an
856adjudicatory hearing. In its deliberations, the court and any
857citizen review panel shall seek to determine:
858     (a)  If the parent was advised of the right to receive
859assistance from any person or social service agency in the
860preparation of the case plan.
861     (b)  If the parent has been advised of the right to have
862counsel present at the judicial review or citizen review
863hearings. If not so advised, the court or citizen review panel
864shall advise the parent of such right.
865     (c)  If a guardian ad litem needs to be appointed for the
866child in a case in which a guardian ad litem has not previously
867been appointed or if there is a need to continue a guardian ad
868litem in a case in which a guardian ad litem has been appointed.
869     (d)  Who holds the rights to make educational decisions for
870the child. If appropriate, the court may refer the child to the
871district school superintendent for appointment of a surrogate
872parent or may itself appoint a surrogate parent under the
873Individuals with Disabilities Education Act and s. 39.0016.
874     (e)  The compliance or lack of compliance of all parties
875with applicable items of the case plan, including the parents'
876compliance with child support orders.
877     (f)  The compliance or lack of compliance with a visitation
878contract between the parent and the social service agency for
879contact with the child, including the frequency, duration, and
880results of the parent-child visitation and the reason for any
881noncompliance.
882     (g)  The compliance or lack of compliance of the parent in
883meeting specified financial obligations pertaining to the care
884of the child, including the reason for failure to comply if such
885is the case.
886     (h)  Whether the child is receiving safe and proper care
887according to s. 39.6012, including, but not limited to, the
888appropriateness of the child's current placement, including
889whether the child is in a setting that is as family-like and as
890close to the parent's home as possible, consistent with the
891child's best interests and special needs, and including
892maintaining stability in the child's educational placement, as
893documented by assurances from the community-based care provider
894that:
895     1.  The placement of the child takes into account the
896appropriateness of the current educational setting and the
897proximity to the school in which the child is enrolled at the
898time of placement.
899     2.  The community-based care agency has coordinated with
900appropriate local educational agencies to ensure that the child
901remains in the school in which the child is enrolled at the time
902of placement.
903     (i)  A projected date likely for the child's return home or
904other permanent placement.
905     (j)  When appropriate, the basis for the unwillingness or
906inability of the parent to become a party to a case plan. The
907court and the citizen review panel shall determine if the
908efforts of the social service agency to secure party
909participation in a case plan were sufficient.
910     (k)  For a child who has entered middle school reached 13
911years of age but is not yet 18 years of age, the progress the
912child has made in achieving the goals outlined in s. 39.6015
913adequacy of the child's preparation for adulthood and
914independent living.
915     Section 5.  Section 409.1451, Florida Statutes, is amended
916to read:
917(Substantial rewording of section. See
918s. 409.1451, F.S., for present text).
919     409.1451  The Road-to-Independence Program.-The Legislature
920recognizes that most children and young adults are resilient
921and, with adequate support, can expect to be successful as
922independent adults. Not unlike all young adults, some young
923adults who have lived in care need additional resources and
924support for a period of time after reaching 18 years of age. The
925Legislature intends for these young adults to receive the
926education, training, and health care services necessary for them
927to become self-sufficient through the Road-to-Independence
928Program. Young adults who participate in the Road-to-
929Independence Program may choose to remain in care until 21 years
930of age and receive help achieving their postsecondary goals by
931participating in the Foundations First Program, or they may
932choose to receive financial assistance to attend college through
933the College Bound Program.
934     (1)  THE FOUNDATIONS FIRST PROGRAM.-The Foundations First
935Program is designed for young adults who have reached 18 years
936of age but are not yet 21 years of age, and who need to finish
937high school or who have a high school diploma, or its
938equivalent, and want to achieve additional goals. These young
939adults are ready to try postsecondary or vocational education,
940try working part-time or full-time, or need help with issues
941that might stand in their way of becoming employed. Young adults
942who are unable to participate in any of these programs or
943activities full time due to an impairment, including behavioral,
944developmental, and cognitive disabilities, might also benefit
945from remaining in out-of-home care longer.
946     (a)  Eligibility; termination; and reentry.-
947     1.  A young adult in licensed care who spent at least 6
948months in care before reaching 18 years of age and who is a
949resident of this state, as defined in s. 1009.40, is eligible
950for the Foundations First Program if he or she is:
951     a.  Completing secondary education or a program leading to
952an equivalent credential;
953     b.  Enrolled in an institution that provides postsecondary
954or vocational education;
955     c.  Participating in a program or activity designed to
956promote, or eliminate barriers to, employment;
957     d.  Employed for at least 80 hours per month; or
958     e.  Unable to participate in these programs or activities
959full time due to a physical, intellectual, emotional, or
960psychiatric condition that limits participation. Any such
961restriction to participation must be supported by information in
962the young adult's case file or school or medical records of a
963physical, intellectual, or psychiatric condition that impairs
964the young adult's ability to perform one or more life
965activities.
966     2.  The young adult in care must leave the Foundations
967First Program on the earliest of the date the young adult:
968     a.  Knowingly and voluntarily withdraws his or her consent
969to participate;
970     b.  Leaves care to live in a permanent home consistent with
971his or her permanency plan;
972     c.  Reaches 21 years of age;
973     d.  Becomes incarcerated in an adult or juvenile justice
974facility; or
975     e.  In the case of a young adult with a disability, reaches
97622 years of age.
977     3.  Notwithstanding the provisions of this paragraph, the
978department may not close a case and the court may not terminate
979its jurisdiction until it finds, following a hearing held after
980notice to all parties, that the following criteria have been
981met:
982     a.  Attendance of the young adult at the hearing; or
983     b.  Findings by the court that:
984     (I)  The young adult has been informed by the department of
985his or her right to attend the hearing and has provided written
986consent to waive this right;
987     (II)  The young adult has been informed of the potential
988negative effects of terminating care early, the option to
989reenter care before reaching 21 years of age, the procedure to,
990and limitations on, reentering care, the availability of
991alternative services, and that the young adult has signed a
992document attesting that he or she has been so informed and
993understands these provisions; and
994     (III)  The department and the community-based care provider
995have complied with the case plan and any individual education
996plan. At the time of this judicial hearing, if, in the opinion
997of the court, the department and community-based provider have
998not complied with their obligations as specified in the case
999plan and any individual education plan, the court shall issue a
1000show cause order. If cause is shown for failure to comply, the
1001court shall give the department and community-based provider 30
1002days within which to comply and, on failure to comply with this
1003or any subsequent order, the department and community-based
1004provider may be held in contempt.
1005     4.  A young adult who left care at or after reaching his or
1006her 18th birthday, but before reaching age 21, may petition the
1007court to resume jurisdiction and for the department to reopen
1008its case. The court shall resume jurisdiction and the department
1009shall reopen the case if the young adult is engaged in the
1010programs or activities described in this paragraph. If the young
1011adult comes back into the Foundations First Program, the
1012department and community-based provider shall update the case
1013plan within 30 days after reentry.
1014     (b)  The transition plan.-For all young adults during the
101590-day period immediately before leaving care before reaching 21
1016years of age or after leaving care on or after reaching 21 years
1017of age, the department and the community-based care provider, in
1018collaboration with the caregiver, any other designated education
1019advocate, and any other individual whom the young adult would
1020like to have included, shall assist and support the young adult
1021in developing a transition plan. The transition plan must take
1022into account all of the education and other achievements of the
1023young adult, include specific options for the young adult on
1024housing, health insurance, education, local opportunities for
1025mentors and continuing support services, and workforce support
1026and employment services, and must be reviewed by the court
1027during the last review hearing before the child leaves care. In
1028developing the plan, the department and community-based provider
1029shall:
1030     1.  Provide the young adult with the documentation required
1031in s. 39.701(7);
1032     2.  Coordinate with local public and private entities in
1033designing the transition plan as appropriate;
1034     3.  Coordinate the transition plan with the independent
1035living provisions in the case plan and the Individuals with
1036Disabilities Education Act transition plan for a young adult
1037with disabilities; and
1038     4.  Create a clear and developmentally appropriate notice
1039specifying the rights of a young adult who is leaving care. The
1040notice must include information about what services the young
1041adult may be eligible for and how such services may be obtained.
1042The plan must clearly identify the young adult's goals and the
1043work that will be required to achieve those goals.
1044     (c)  Periodic reviews for young adults.-
1045     1.  For any young adult who continues to remain in care on
1046or after reaching 18 years of age, the department and community-
1047based provider shall implement a case review system that
1048requires:
1049     a.  A judicial review at least once a year;
1050     b.  That the court maintain oversight to ensure that the
1051department is coordinating with the appropriate agencies, and,
1052as otherwise permitted, maintains oversight of other agencies
1053involved in implementing the young adult's case plan and
1054individual education plan;
1055     c.  That the department prepare and present to the court a
1056report, developed in collaboration with the young adult,
1057addressing the young adult's progress in meeting the goals in
1058the case plan and individual education plan, and shall propose
1059modifications as necessary to further those goals;
1060     d.  That the court determine whether the department and any
1061service provider under contract with the department is providing
1062the appropriate services as provided in the case plan and any
1063individual education plan. If the court believes that the young
1064adult is entitled to additional services in order to achieve the
1065goals enumerated in the case plan, under the department's
1066policies, or under a contract with a service provider, the court
1067may order the department to take action to ensure that the young
1068adult receives the identified services; and
1069     e.  That the young adult or any other party to the
1070dependency case may request an additional hearing or review.
1071     2.  In all permanency hearings or hearings regarding the
1072transition of the young adult from care to independent living,
1073the court shall consult, in an age-appropriate manner, with the
1074young adult regarding the proposed permanency, case plan, and
1075individual education plan for the young adult.
1076     (2)  THE COLLEGE BOUND PROGRAM.-
1077     (a)  Purpose.-This program is designed for young adults who
1078have reached 18 years of age but are not yet 23 years of age,
1079have graduated from high school, have been accepted into
1080college, and need a minimum of support from the state other than
1081the financial resources to attend college.
1082     (b)  Eligibility; termination; and reentry.-
1083     1.  A young adult who has earned a standard high school
1084diploma or its equivalent as described in s. 1003.43 or s.
10851003.435, has earned a special diploma or special certificate of
1086completion as described in s. 1003.438, or has been admitted for
1087full-time enrollment in an eligible postsecondary educational
1088institution as defined in s. 1009.533, and has reached 18 years
1089of age but is not yet 23 years of age is eligible for the
1090College Bound Program if he or she:
1091     a.  Was a dependent child, as provided under chapter 39,
1092and was living in licensed care at the time of his or her 18th
1093birthday or is currently living in licensed care, or, after
1094reaching 16 years of age, was adopted from care or placed with a
1095court-approved dependency guardian and has spent a minimum of 6
1096months in care immediately preceding such placement or adoption;
1097     b.  Spent at least 6 months in care before reaching his or
1098her 18th birthday; and
1099     c.  Is a resident of this state as defined in s. 1009.40.
1100     2.  A young adult with a disability may attend school part
1101time and be eligible for this program.
1102     3.  An eligible young adult may receive a stipend for the
1103subsequent academic years if, for each subsequent academic year,
1104the young adult meets the standards by which the approved
1105institution measures a student's satisfactory academic progress
1106toward completion of a program of study for the purposes of
1107determining eligibility for federal financial aid under the
1108Higher Education Act. Any young adult who is placed on academic
1109probation may continue to receive a stipend for one additional
1110semester if the approved institution allows the student to
1111continue in school. If the student fails to make satisfactory
1112academic progress in the semester or term subsequent to the term
1113in which he received academic probation, stipend assistance
1114shall be discontinued for the period required for the young
1115adult to be reinstated by the college or university. Upon
1116reinstatement, a young adult who has not yet reached 23 years of
1117age may reapply for financial assistance.
1118     (3)  PORTABILITY.-The provision of services pursuant to
1119this section must be portable across county and state lines.
1120     (a)  The services provided for in the original transition
1121plan shall be provided by the county where the young adult
1122resides but shall be funded by the county where the transition
1123plan was initiated. The care managers of the county of residence
1124and the county of origination must coordinate to ensure a smooth
1125transition for the young adult.
1126     (b)  If a child in care under 18 years of age is placed in
1127another state, the sending state is responsible for care
1128maintenance payments, case planning, including a written
1129description of the programs and services that will help a child
113016 years of age or older prepare for the transition from care to
1131independence, and a case review system as required by federal
1132law. The sending state has placement and care responsibility for
1133the child.
1134     (c)  If a young adult formerly in care moves to another
1135state from the state in which he or she has left care due to
1136age, the state shall certify that it will provide assistance and
1137federally funded independent living services to the young adult
1138who has left care because he or she has attained 18 years of
1139age. The state in which the young adult resides is responsible
1140for services if the state provides the services needed by the
1141young adult.
1142     (4)  ACCOUNTABILITY.-
1143     (a)  The community-based care lead agencies and their
1144contracted providers shall report the following information to
1145the department:
1146     1.  Out of the total number of young adults who decided to
1147remain in care upon reaching 18 years of age, the number of
1148young adults who do not have a high school diploma or its
1149equivalent, a special diploma, or a certificate of completion.
1150Out of those young adults without a diploma or its equivalent, a
1151special diploma, or a certificate of completion, the number of
1152young adults who are receiving assistance through tutoring and
1153other types of support.
1154     2.  Out of the total number of young adults who decided to
1155remain in care upon reaching 18 years of age, a breakdown of
1156academic and career goals and type of living arrangement.
1157     3.  The same information required in subparagraphs 1. and
11582., specific to young adults in care with a disability.
1159     4.  Out of the total number of young adults remaining in
1160care, the number of young adults who are enrolled in an
1161educational or vocational program and a breakdown of the types
1162of programs.
1163     5.  Out of the total number of young adults remaining in
1164care, the number of young adults who are working and a breakdown
1165of the types of employment held.
1166     6.  Out of the total number of young adults remaining in
1167care, the number of young adults who have a disability and a
1168breakdown of how many young adults are in school, are training
1169for employment, are employed, or are unable to participate in
1170any of these activities.
1171     7.  Evidence that the lead agency has established a working
1172relationship with the Agency for Workforce Innovation and its
1173regional workforce boards, the Able Trust, and other entities
1174that provide services related to gaining employment.
1175     8.  Out of the total number of young adults in care upon
1176reaching 18 years of age, the number of young adults who are in
1177the Road-to-Independence Program and a breakdown by the schools
1178or other programs they are attending.
1179     9.  Out of the total number of young adults who are in
1180postsecondary institutions, a breakdown of the types and amounts
1181of financial support received from sources other than the Road-
1182to-Independence Program.
1183     10.  Out of the total number of young adults who are in
1184postsecondary institutions, a breakdown of the types of living
1185arrangements.
1186     (b)  Each community-based care lead agency shall provide
1187its report to the department by September 30 of each year. The
1188department shall compile the reports from each community-based
1189care lead agency and provide them to the Legislature by December
119031 of each year, with the first report due to the Legislature on
1191December 31, 2011.
1192     (5)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.-The
1193secretary shall establish the Independent Living Services
1194Advisory Council for the purpose of reviewing and making
1195recommendations concerning the implementation and operation of
1196the provisions of s. 39.6015 and the Road-to-Independence
1197Program. This advisory council shall continue to function as
1198specified in this subsection until the Legislature determines
1199that the advisory council can no longer provide a valuable
1200contribution to the department's efforts to achieve the goals of
1201the services designed to enable a young adult to live
1202independently.
1203     (a)  Specifically, the advisory council shall assess the
1204implementation and operation of the provisions of s. 39.6015 and
1205the Road-to-Independence Program and advise the department on
1206actions that would improve the ability of those Road-to-
1207Independence Program services to meet the established goals. The
1208advisory council shall keep the department informed of problems
1209being experienced with the services, barriers to the effective
1210and efficient integration of services and support across
1211systems, and successes that the system of services has achieved.
1212The department shall consider, but is not required to implement,
1213the recommendations of the advisory council.
1214     (b)  The advisory council shall report to the secretary on
1215the status of the implementation of the Road-To-Independence
1216Program; efforts to publicize the availability of the Road-to-
1217Independence Program; the success of the services; problems
1218identified; recommendations for department or legislative
1219action; and the department's implementation of the
1220recommendations contained in the Independent Living Services
1221Integration Workgroup Report submitted to the appropriate
1222substantive committees of the Legislature by December 31, 2002.
1223The department shall submit a report by December 31 of each year
1224to the Governor and the Legislature which includes a summary of
1225the factors reported on by the council and identifies the
1226recommendations of the advisory council and either describes the
1227department's actions to implement the recommendations or
1228provides the department's rationale for not implementing the
1229recommendations.
1230     (c)  Members of the advisory council shall be appointed by
1231the secretary of the department. The membership of the advisory
1232council must include, at a minimum, representatives from the
1233headquarters and district offices of the Department of Children
1234and Family Services, community-based care lead agencies, the
1235Agency for Workforce Innovation, the Department of Education,
1236the Agency for Health Care Administration, the State Youth
1237Advisory Board, Workforce Florida, Inc., the Statewide Guardian
1238Ad Litem Office, foster parents, recipients of services and
1239funding through the Road-to-Independence Program, and advocates
1240for children in care. The secretary shall determine the length
1241of the term to be served by each member appointed to the
1242advisory council, which may not exceed 4 years.
1243     (d)  The department shall provide administrative support to
1244the Independent Living Services Advisory Council to accomplish
1245its assigned tasks. The advisory council shall be afforded
1246access to all appropriate data from the department, each
1247community-based care lead agency, and other relevant agencies in
1248order to accomplish the tasks set forth in this section. The
1249data collected may not include any information that would
1250identify a specific child or young adult.
1251     (e)  The advisory council report required under paragraph
1252(b) to be submitted to the substantive committees of the Senate
1253and the House of Representatives by December 31, 2008, shall
1254include an analysis of the system of independent living
1255transition services for young adults who attain 18 years of age
1256while in care prior to completing high school or its equivalent
1257and recommendations for department or legislative action. The
1258council shall assess and report on the most effective method of
1259assisting these young adults to complete high school or its
1260equivalent by examining the practices of other states.
1261     (6)  PERSONAL PROPERTY.-Property acquired on behalf of
1262clients of this program shall become the personal property of
1263the clients and is not subject to the requirements of chapter
1264273 relating to state-owned tangible personal property. Such
1265property continues to be subject to applicable federal laws.
1266     (7)  MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN CARE.-
1267The department shall enroll in the Florida Kidcare program,
1268outside the open enrollment period, each young adult who is
1269eligible as described in paragraph (1)(a) and who has not yet
1270reached his or her 19th birthday.
1271     (a)  A young adult who was formerly in care at the time of
1272his or her 18th birthday and who is 18 years of age but not yet
127319, shall pay the premium for the Florida Kidcare program as
1274required in s. 409.814.
1275     (b)  A young adult who has health insurance coverage from a
1276third party through his or her employer or who is eligible for
1277Medicaid is not eligible for enrollment under this subsection.
1278     (8)  RULEMAKING.-The department shall adopt by rule
1279procedures to administer this section. The rules shall describe
1280the procedure and requirements necessary to administer the Road-
1281to-Independence Program. The rules shall reflect that the
1282program is for young adults who have chosen to remain in care
1283for an extended period of time or who are planning to attain
1284post secondary education and should be designed to accommodate a
1285young adult's busy life and schedule. The rules shall make the
1286program easy to access for a qualified young adult and
1287facilitate and encourage his or her participation.
1288     Section 6.  The Department of Children and Family Services
1289shall amend the format of the case plan and the judicial review
1290social service report to reflect the provisions of s. 39.6015,
1291Florida Statutes, and the changes to s. 409.1451, Florida
1292Statutes.
1293     Section 7.  Effective October 1, 2011, a child or young
1294adult who is currently participating in the Road-to-Independence
1295Program may continue in the program as it exists as of September
129630, 2011. A child or young adult applying for the Road-to-
1297Independence program on or after October 1, 2011, may apply for
1298program services only as provided in this act.
1299     Section 8.  The Department of Children and Family Services
1300shall develop a request for proposal for the purpose of
1301establishing and operating a system to provide educational
1302advocates for a child in care who is in middle and high school.
1303Competitive proposals shall be solicited by the department
1304pursuant to chapter 287, Florida Statutes. Entities responding
1305to the request for proposal must have child advocacy as their
1306primary focus, have an established statewide infrastructure, and
1307have experience in working with paid staff and volunteers.
1308     Section 9.  The Department of Children and Family Services
1309shall contract with a national nonprofit organization that
1310advocates for and provides services to older children in care
1311and young adults formerly in care for the purpose of
1312administering the Road-to-Independence Program. The organization
1313must have experience and expertise in administering scholarship
1314programs, providing mentoring and academic coaching to help
1315young adults at risk of failing or dropping out of school, and
1316assisting young adults locate internship opportunities. The
1317organization must also be able to report enrollment, attendance,
1318academic progress, and financial data for each young adult to
1319the state at an agreed-upon interval.
1320     Section 10.  Funding for postsecondary education students
1321who are age 21 through age 23 shall be contingent upon available
1322funding.
1323     Section 11.  This act shall take effect July 1, 2011.


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