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:
13  
14         Amendment (with title amendment) 
15  Remove from the bill:  Everything after the enacting clause
16  
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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                                                   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
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                                                   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.
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                                                   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
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                                                   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
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                                                   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
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                                                   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
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                                                   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
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                                                   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  
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