HOUSE AMENDMENT
                                                   Bill No. HB 245
    Amendment No. 1x (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Child & Family Security offered the
12  following:
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14         Amendment (with title amendment) 
15  Remove from the bill:  Everything after the enacting clause
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17  and insert in lieu thereof:  
18         Section 1.  This act may be cited as the "Road to
19  Independence Act of 2002."
20         Section 2.  Paragraph (e) is added to subsection (1) of
21  section 409.145, Florida Statutes, to read:
22         409.145  Care of children.--
23         (1)  The department shall conduct, supervise, and
24  administer a program for dependent children and their
25  families. The services of the department are to be directed
26  toward the following goals:
27         (e)  The transition to self-sufficiency for older
28  children who continue to be in foster care as adolescents.
29         Section 3.  Section 409.1451, Florida Statutes, is
30  created to read:
31         409.1451  Independent living transition services.--
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    File original & 9 copies    11/30/01                          
    hcf0003                     04:38 pm         00245-cfs -984261

HOUSE AMENDMENT Bill No. HB 245 Amendment No. 1x (for drafter's use only) 1 (1) SYSTEM OF SERVICES.--The Department of Children 2 and Family Services or its agents shall administer a system of 3 independent living transition services to enable older 4 children in foster care to make the transition to 5 self-sufficiency as adults. Independent living transition 6 services are not an alternative to adoption for these 7 children. Independent living transition services can occur 8 concurrently with continued efforts to locate and achieve 9 placement in adoptive families for older children in foster 10 care. 11 (2) ELIGIBILITY.--The department shall serve eligible 12 children 13 years of age and older who are in foster care and 13 former foster care recipients 18 to 21 years of age who have 14 been terminated from foster care due to age. Eligible children 15 may be served until they reach 23 years of age if they are 16 full-time students in a postsecondary educational institution 17 pursuant to s. 409.145(3). 18 (3) GOALS.--The goals of the independent living 19 transition services are to assist older children in foster 20 care to obtain life skills and education for independent 21 living and employment, to have a quality of life appropriate 22 to their age, and to assume personal responsibility for 23 becoming self-sufficient adults. 24 (4) SERVICES.--State foster care or federal funds 25 shall be used to establish a continuum of services for 26 eligible children in foster care that includes, but is not 27 limited to: 28 (a) Assessment and preparatory pre-independent-living 29 services.--Children 13 through 15 years of age who are likely 30 to remain in foster care until 18 years of age shall receive a 31 pre-independent-living assessment and shall participate in 2 File original & 9 copies 11/30/01 hcf0003 04:38 pm 00245-cfs -984261
HOUSE AMENDMENT Bill No. HB 245 Amendment No. 1x (for drafter's use only) 1 educational activities concerning the use of positive values, 2 good judgment, and mediation. 3 (b) Independent living services.--Children 16 years of 4 age and older who are likely to remain in foster care until 18 5 years of age, and youth 18 through 20 years of age who were in 6 foster care at 18 years of age, shall receive independent 7 living services that include an independent living assessment 8 completed with a local independent living coordinator, and 9 access to training and support that includes independent 10 living skills training, educational support, employment 11 training, and counseling, to complement their own efforts to 12 achieve self-sufficiency. 13 (c) Educational support.--Eligible youth 18 years of 14 age and older who were in foster care at 18 years of age and 15 who continue with their education may, pursuant to s. 16 409.145(3), receive services up to 21 years of age, or up to 17 23 years of age if enrolled full-time in a postsecondary 18 educational institution. Services may include case management 19 services, a board payment on their behalf, a clothing 20 allowance, and Medicaid up to 21 years of age, pursuant to s. 21 409.903(4). 22 (d) Aftercare services.--Pursuant to s. 409.145(3)(b), 23 the department may, based upon the availability of funds, 24 provide assistance to those individuals who leave foster care 25 when they attain 18 years of age and subsequently request 26 assistance prior to their 21st birthday. This assistance may 27 include, but is not limited to, referrals for employment, 28 services for educational or vocational development, and 29 housing assistance. 30 (e) Subsidized independent living services.--Eligible 31 older children 16 to 23 years of age may, pursuant to s. 3 File original & 9 copies 11/30/01 hcf0003 04:38 pm 00245-cfs -984261
HOUSE AMENDMENT Bill No. HB 245 Amendment No. 1x (for drafter's use only) 1 409.165(4), receive a stipend to live in a setting without 2 daily direct adult supervision, when appropriate to support 3 their transition to self-sufficiency. The child must have been 4 in the custody of the department a minimum of 6 months; must 5 be employed at least part-time; must be enrolled in a 6 full-time educational program; and must have approval from the 7 district independent living coordinator. 8 (5) PARTICIPATION IN LIFE SKILLS ACTIVITIES.--To 9 assist older children in foster care with the transition to 10 independent living as adults, the program shall enable them to 11 have opportunities to participate in and learn from life 12 skills activities, in their foster families and communities, 13 that are reasonable and appropriate to their age. Such 14 activities may include, but are not limited to, managing money 15 earned from a job, taking driver's education, and 16 participating in after school or extracurricular activities. 17 To support these opportunities for participation in 18 age-appropriate life skills activities, the department shall: 19 (a) Develop with children in the program and their 20 foster parents a list of age-appropriate rights and 21 responsibilities to be presented to all children involved in 22 independent living transition services and their foster 23 parents. 24 (b) Provide training for staff and foster parents that 25 addresses issues of older children in foster care and the 26 transition to adulthood, including supporting education and 27 employment and providing opportunities to participate in 28 appropriate daily activities. 29 (c) Provide opportunities for older children in foster 30 care to interact with mentors and dedicated adults. 31 (d) Provide staff of the department or its agent, or 4 File original & 9 copies 11/30/01 hcf0003 04:38 pm 00245-cfs -984261
HOUSE AMENDMENT Bill No. HB 245 Amendment No. 1x (for drafter's use only) 1 the foster family, with the legal authority for children 2 served under this program to enroll the child in school, to 3 sign for a practice driver's license for the child pursuant to 4 s. 322.09(4), to cosign loans and insurance for the child, to 5 sign for the child's medical treatment, and to authorize other 6 such activities as appropriate. 7 (e) Provide for transfer of the spending money 8 allowance provided by the department each month directly to 9 the older child in the program, through an electronic benefit 10 transfer program. The purpose of the transfer is to allow 11 these children to access and manage the allowance they receive 12 so they can learn responsibility and participate in 13 age-appropriate life skills activities. 14 (6) ACCOUNTABILITY.--The department and program shall 15 develop outcome and other performance measures. 16 (7) INDEPENDENT LIVING SERVICES INTEGRATION 17 WORKGROUP.--The Secretary of Children and Family Services 18 shall establish the independent living services integration 19 workgroup, which, at a minimum, shall include representatives 20 from the following agencies, departments, and 21 persons: Department of Children and Family Services, Agency 22 for Workforce Innovation, Department of Education, Agency for 23 Health Care Administration, State Youth Advisory Board, and 24 foster parents. The workgroup shall assess barriers to the 25 effective and efficient integration of services and support 26 across systems for the transition of older children in foster 27 care to independent living. The workgroup shall recommend 28 methods to overcome these barriers and shall ensure that state 29 plans for independent living transition services include these 30 recommendations, and shall report to appropriate legislative 31 committees of the House of Representatives and the Senate by 5 File original & 9 copies 11/30/01 hcf0003 04:38 pm 00245-cfs -984261
HOUSE AMENDMENT Bill No. HB 245 Amendment No. 1x (for drafter's use only) 1 December 1, 2002. Specific issues to be addressed by the 2 workgroup shall include: 3 (a) The possibility of enacting the Medicaid provision 4 of the federal Foster Care Independence Act of 1999, Pub. L. 5 No. 106-169, that allows adolescents in foster care to receive 6 medical coverage up to 21 years of age. 7 (b) The possibility of extending the age of Medicaid 8 coverage from 21 to 23 years of age for youth who remain under 9 the supervision of the department, to enable such youth to 10 complete a postsecondary educational degree. 11 (c) Ensuring that the Agency for Workforce Innovation 12 provides priority employment training and support for eligible 13 foster care participants in independent transition living 14 services. 15 (d) Ensuring that transfers between schools are 16 facilitated when changes in foster care placements occur. 17 Section 4. Paragraph (f) of subsection (3) of section 18 409.165, Florida Statutes, is amended to read: 19 409.165 Alternate care for children.-- 20 (3) With the written consent of parents, custodians, 21 or guardians, or in accordance with those provisions in 22 chapter 39 that relate to dependent children, the department, 23 under rules properly adopted, may place a child: 24 (f) In a subsidized an independent living situation, 25 subject to the provisions of subsection (4), 26 27 under such conditions as are determined to be for the best 28 interests or the welfare of the child. Any child placed in an 29 institution or in a family home by the department or its 30 agency may be removed by the department or its agency, and 31 such other disposition may be made as is for the best interest 6 File original & 9 copies 11/30/01 hcf0003 04:38 pm 00245-cfs -984261
HOUSE AMENDMENT Bill No. HB 245 Amendment No. 1x (for drafter's use only) 1 of the child, including transfer of the child to another 2 institution, another home, or the home of the child. 3 Expenditure of funds appropriated for out-of-home care can be 4 used to meet the needs of a child in the child's own home or 5 the home of a relative if the child can be safely served in 6 the child's own home or that of a relative if placement can be 7 avoided by the expenditure of such funds, and if the 8 expenditure of such funds in this manner is calculated by the 9 department to be a potential cost savings. 10 Section 5. Subsections (2) and (8) of section 39.013, 11 Florida Statutes, are amended to read: 12 39.013 Procedures and jurisdiction; right to 13 counsel.-- 14 (2) The circuit court shall have exclusive original 15 jurisdiction of all proceedings under this chapter, of a child 16 voluntarily placed with a licensed child-caring agency, a 17 licensed child-placing agency, or the department, and of the 18 adoption of children whose parental rights have been 19 terminated pursuant to this chapter. Jurisdiction attaches 20 when the initial shelter petition, dependency petition, or 21 termination of parental rights petition is filed or when a 22 child is taken into the custody of the department. The circuit 23 court may assume jurisdiction over any such proceeding 24 regardless of whether the child was in the physical custody of 25 both parents, was in the sole legal or physical custody of 26 only one parent, caregiver, or some other person, or was in 27 the physical or legal custody of no person when the event or 28 condition occurred that brought the child to the attention of 29 the court. When the court obtains jurisdiction of any child 30 who has been found to be dependent, the court shall retain 31 jurisdiction, unless relinquished by its order, until the 7 File original & 9 copies 11/30/01 hcf0003 04:38 pm 00245-cfs -984261
HOUSE AMENDMENT Bill No. HB 245 Amendment No. 1x (for drafter's use only) 1 child reaches 18 years of age and shall retain jurisdiction of 2 such individual until he or she reaches 21 years of age, or 23 3 years of age if the individual is continuously enrolled full 4 time in a postsecondary educational institution granting a 5 degree, a certificate, or an applied technology diploma. 6 (8) For any child who remains in the custody of the 7 department, the court shall, within the month which 8 constitutes the beginning of the 6-month period before the 9 child's 18th birthday, hold a hearing to review the progress 10 of the child while in the custody of the department. 11 Thereafter, for each individual 18 years of age and older over 12 whom the court has retained jurisdiction, an annual review 13 shall be conducted while the individual remains in the custody 14 or under the supervision of the department. At the annual 15 review, the court has the authority to decide whether the 16 individual shall remain in the custody or under the 17 supervision of the department. 18 Section 6. This act shall take effect October 1, 2002. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 remove from the title of the bill: the entire title 24 25 and insert in lieu thereof: 26 A bill to be entitled 27 An act relating to foster care; creating the 28 "Road to Independence Act of 2002"; amending s. 29 409.145, F.S.; providing transition to 30 self-sufficiency as a goal for older children 31 who are likely to remain in foster care as 8 File original & 9 copies 11/30/01 hcf0003 04:38 pm 00245-cfs -984261
HOUSE AMENDMENT Bill No. HB 245 Amendment No. 1x (for drafter's use only) 1 adolescents; creating s. 409.1451, F.S.; 2 directing the Department of Children and Family 3 Services or its agents to administer a system 4 of independent living transition services; 5 providing eligibility; providing goals; 6 providing for the use of state foster care or 7 federal funds to establish a continuum of 8 services; providing for opportunities for 9 participation in everyday life skills 10 activities; providing for department and 11 program accountability; establishing an 12 independent living services integration 13 workgroup; providing workgroup membership and 14 duties; amending s. 409.165, F.S.; conforming 15 provisions relating to alternate care for 16 children; amending s. 39.013, F.S.; requiring 17 the court to retain jurisdiction over a 18 dependent child until he or she reaches 21 19 years of age, or 23 years of age if the 20 individual is continuously enrolled full time 21 in a postsecondary educational institution; 22 requiring the court to conduct an annual review 23 for individuals 18 years of age and older when 24 the court has retained jurisdiction; providing 25 an effective date. 26 27 28 29 30 31 9 File original & 9 copies 11/30/01 hcf0003 04:38 pm 00245-cfs -984261