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    Florida House of Representatives - 2002                 HB 245

        By Representative Detert






  1                      A bill to be entitled

  2         An act relating to foster care; creating the

  3         "Road to Independence Act of 2002"; amending s.

  4         409.145, F.S.; providing transition to

  5         self-sufficiency as a goal for older children

  6         who are likely to remain in foster care until

  7         18 years of age; creating s. 409.1451, F.S.;

  8         directing the Department of Children and Family

  9         Services or its agents to administer a system

10         of independent living transition services;

11         providing for the use of state foster care or

12         federal funds to establish a continuum of

13         independent living transition services;

14         providing for opportunities for participation

15         in everyday, quality-of-life activities;

16         providing for department and program

17         accountability; establishing an independent

18         living services integration workgroup;

19         providing workgroup membership and duties;

20         specifying requirements for a subsidized

21         independent living program; specifying services

22         for youth age 18 and older; amending s.

23         409.165, F.S.; conforming provisions relating

24         to alternate care for children; repealing ss.

25         409.145(3) and 409.165(4), F.S., relating to

26         services for youth age 18 and older and to the

27         use of state foster care funds to establish a

28         continuum of services and establishment of an

29         independent living program; providing an

30         effective date.

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

  2

  3         Section 1.  This act may be cited as the "Road to

  4  Independence Act of 2002."

  5         Section 2.  Paragraph (e) is added to subsection (1) of

  6  section 409.145, Florida Statutes, to read:

  7         409.145  Care of children.--

  8         (1)  The department shall conduct, supervise, and

  9  administer a program for dependent children and their

10  families. The services of the department are to be directed

11  toward the following goals:

12         (e)  The transition to self-sufficiency for older

13  children who continue to be in foster care as adolescents.

14         Section 3.  Section 409.1451, Florida Statutes, is

15  created to read:

16         409.1451  Independent living transition services.--

17         (1)  SYSTEM OF SERVICES.--The Department of Children

18  and Family Services or its agents shall administer a system of

19  independent transition living services to enable older

20  children in foster care to make the transition to

21  self-sufficiency as adults. The department shall serve

22  eligible children 13 years of age and older who are in foster

23  care and former foster care recipients 18 to 21 years of age

24  who have been terminated from foster care due to age.

25  Independent living transition services are not an alternative

26  to adoption for these children. Independent living transition

27  services can occur concurrent with continued efforts to locate

28  and achieve placement in adoptive families for older children

29  in foster care. The goals of the system of services are to

30  assist these children to obtain life skills for independent

31  living, education, and employment and to have a quality of

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  1  life appropriate to their age. Older children in foster care

  2  shall have opportunities to participate in activities in their

  3  foster families and communities. These activities shall

  4  include opportunities to have financial responsibility and

  5  communication privileges and to socialize with friends.

  6         (a)  The system of services shall identify older

  7  children who are likely to remain in foster care until 18

  8  years of age and assist them in obtaining a high school

  9  diploma, career exploration, vocational training, job

10  placement and retention, training in daily living skills,

11  training in budgeting and financial management skills,

12  substance abuse prevention, and preventive health activities,

13  including smoking avoidance, nutrition education, and

14  pregnancy prevention. Services shall help these children

15  receive the education, training, and services necessary to

16  obtain employment and help them prepare for and enter

17  postsecondary training and education institutions.

18         (b)  The system of services shall provide personal and

19  emotional support to children being terminated from foster

20  care due to age, through mentors and interactions with

21  dedicated adults and through opportunities to participate in

22  activities in their foster families and communities,

23  appropriate to their age.

24         (c)  The system of services shall provide financial

25  support, housing, counseling, employment, education, and other

26  appropriate support and services to former foster care

27  recipients 18 to 21 years of age, to complement their own

28  efforts to achieve self-sufficiency and to ensure that

29  participants recognize and accept their personal

30  responsibility for preparing for and then making the

31  transition from adolescence to adulthood.

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  1         (2)  CONTINUUM OF SERVICES.--State foster care or

  2  federal funds shall be used to establish a continuum of an

  3  array of independent living transition services to assist

  4  eligible foster children to develop skills that will

  5  contribute to a successful transition to adulthood. The

  6  continuum of services may begin with pre-independent-living

  7  services as early as 13 years of age and continue with

  8  transitional services beginning at 18 years of age, as needed,

  9  until the child is terminated from foster care or reaches 21

10  years of age, or 23 years of age if continuing postsecondary

11  education. Aftercare services may be provided when

12  participants in independent transition living services leave

13  foster care at any age. The continuum may include options that

14  range from assisted living in a group home to fully

15  independent living, depending on the skills and maturity of

16  the child. Services may include, but are not limited to,

17  education and vocational training, homemaking skills, money

18  management, social skills training, and developing personal

19  support systems. The continuum of services includes:

20         (a)  Assessment and preparatory pre-independent-living

21  services.--Children 13 through 15 years of age who are likely

22  to remain in foster care until 18 years of age shall receive a

23  pre-independent-living assessment and classes concerning such

24  topics as positive values, using good judgment, positive body

25  image, and mediation. Foster parents and group home staff

26  shall serve as coaches.

27         (b)  Independent living services.--Older children 16

28  through 20 years of age who are likely to remain in foster

29  care shall receive independent living services that include an

30  independent living assessment completed with the local

31  independent living coordinator, independent living skills

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  1  training, education support and employment training, and

  2  support. Older children in foster care shall have the

  3  opportunity to receive a college tuition exemption and may

  4  remain in foster care until 23 years of age if they are in a

  5  postsecondary education program.

  6         (c)  Subsidized independent living services.--Eligible

  7  older children 16 to 23 years of age may receive a stipend to

  8  live in a setting without daily direct adult supervision, when

  9  appropriate. The child must have been in the custody of the

10  department a minimum of 6 months; must be employed at least

11  part-time; must be enrolled in a full-time educational

12  program, maintaining a 2.0 grade point average; must have

13  sufficient earned savings or other means to move in and pay

14  the first month's living expenses; must have demonstrated

15  abstinence from irresponsible behavior for at least 6 months;

16  and must have approval from the district independent living

17  coordinator.

18         (d)  Transitional services.--Eligible youth 18 years of

19  age and older who continue with their education may receive

20  case management services, a board payment on their behalf, a

21  clothing allowance, and Medicaid up to 21 years of age.

22  Individuals can continue to receive foster care services up to

23  23 years of age if enrolled full-time in a postsecondary

24  educational institution.

25         (e)  Aftercare.--Older children and youth not in

26  transitional services or a subsidized living program who leave

27  foster care may be assisted with room and board, counseling,

28  and referral for services as needed.

29         (3)  PARTICIPATION IN EVERYDAY, QUALITY-OF-LIFE

30  ACTIVITIES.--To assist older children in foster care with the

31  transition to independent living as adults, the program shall

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  1  provide them with opportunities to participate in

  2  quality-of-life activities in their foster families and

  3  communities that are reasonable and appropriate to their age.

  4  These activities include, but are not limited to, locating

  5  employment, managing money earned from a job, taking driver's

  6  education, telephone privileges, visiting friends and family,

  7  participating in community-based organizations such as the

  8  local YMCA, Big Brothers, Girl Scouts, and 4-H Club, attending

  9  church, participating in afterschool or extracurricular

10  activities, and participating in family decisionmaking. To

11  support these opportunities for participation in

12  age-appropriate, quality-of-life activities, the department

13  shall:

14         (a)  Develop with children in the program and foster

15  parents a list of age-appropriate rights and responsibilities

16  to be presented to all children involved in independent living

17  transition services and their foster parents.

18         (b)  Provide training for staff and foster parents that

19  addresses issues of older children in foster care and the

20  transition to adulthood, including supporting education and

21  employment and providing opportunities to participate in

22  appropriate daily activities.

23         (c)  Provide department staff or the foster family with

24  the legal authority for children served under this program to

25  enroll the child in school, to sign for a practice driver's

26  license for the child, to cosign loans and insurance for the

27  child, to sign for the child's medical treatment, and to

28  authorize other such activities as appropriate.

29         (d)  Provide for transfer of the spending money

30  allowance provided by the department each month directly to

31  the older child in the program, through an electronic benefit

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  1  transfer program. The purpose of the transfer is to allow

  2  these children to access and manage the allowance they receive

  3  so they can learn responsibility and participate in

  4  age-appropriate, quality-of-life activities.

  5         (4)  ACCOUNTABILITY.--The department and program shall

  6  develop outcome and other performance measures.

  7         (5)  INDEPENDENT LIVING SERVICES INTEGRATION

  8  WORKGROUP.--The Secretary of Children and Family Services

  9  shall establish the independent living services integration

10  workgroup, which, at a minimum, shall include representatives

11  from the following agencies, departments, and

12  persons:  Department of Children and Family Services, Agency

13  for Workforce Innovation, Department of Education, Agency for

14  Health Care Administration, State Youth Advisory Board, and

15  foster parents. The workgroup shall assess barriers to the

16  effective and efficient integration of services and support

17  across systems for the transition of older children in foster

18  care to independent living. The workgroup shall recommend

19  methods to overcome these barriers and shall ensure that state

20  plans for independent living transition services include these

21  recommendations, and shall report to appropriate legislative

22  committees of the House of Representatives and the Senate by

23  December 1, 2002. Specific issues to be addressed by the

24  workgroup shall include:

25         (a)  The possibility of enacting the Medicaid provision

26  of the federal Foster Care Independence Act of 1999, Pub. L.

27  No. 106-169, that allows adolescents in foster care to receive

28  medical coverage up to 21 years of age.

29         (b)  The possibility of extending the age of Medicaid

30  coverage from 21 to 23 years of age for youth who remain under

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  1  the supervision of the department, to enable such youth to

  2  complete a postsecondary educational degree.

  3         (c)  Ensuring that the Agency for Workforce Innovation

  4  provides priority employment training and support for eligible

  5  foster care participants in independent transition living

  6  services.

  7         (d)  Ensuring that transfers between schools are

  8  facilitated when changes in foster care placements occur.

  9         (6)  SUBSIDIZED INDEPENDENT LIVING PROGRAM

10  REQUIREMENTS.--As a part of the continuum of independent

11  living transition services, the department shall establish a

12  subsidized independent living program in which a minor 16

13  years of age or older lives independent of the daily care and

14  supervision of a responsible adult, in a setting that need not

15  be licensed under the provisions of s. 409.175, provided the

16  following conditions exist:

17         (a)  Subsidized independent living arrangements

18  established for the child must be part of an overall plan

19  leading to the total independence of the child from department

20  supervision. The plan must include, but is not limited to:  a

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

22  additional identified skills; the behavior that the child has

23  exhibited that indicates an ability to be responsible and a

24  plan for developing additional responsibilities, as

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

26  training skills; present financial and budgeting capabilities

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

28  of the proposed residence; documentation that the child

29  understands the specific consequences of his or her conduct in

30  the subsidized independent living program; documentation of

31  proposed services by the department and other agencies,

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  1  including the type of service, and the nature and frequency of

  2  contact; and a plan for maintaining or developing

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

  4  community, as appropriate.

  5         (b)  Subsidized independent living stipends in an

  6  amount established by the department may be made directly to

  7  children in subsidized independent living situations who meet

  8  the requirements for continued foster care, under direct

  9  supervision of a caseworker or other responsible adults

10  approved by the department. Youth who meet the criteria for

11  transitional services as specified in subsection (7) may also

12  remain eligible for subsidized independent living stipends.

13         (c)  The department shall establish procedures and

14  criteria to assess and determine a child's ability to

15  demonstrate independent living skills.

16         (7)  SERVICES FOR YOUTH 18 YEARS OF AGE AND OLDER.--

17         (a)  The department is authorized to continue to

18  provide the services of the children's foster care program to

19  youth 18 to 21 years of age who are enrolled in high school,

20  in a program leading to a high school equivalency diploma as

21  defined in s. 229.814, or in a full-time career education

22  program, and to continue to provide services of the children's

23  foster care program to youth 18 to 23 years of age who are

24  enrolled full-time in a postsecondary educational institution

25  granting a degree, a certificate, or an applied technology

26  diploma, if the following requirements are met:

27         1.  The individual was committed to the legal custody

28  of the department for placement in foster care as a dependent

29  child;

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  1         2.  All other resources have been thoroughly explored,

  2  and it can be clearly established that there are no

  3  alternative resources for placement; and

  4         3.  A written service agreement which specifies

  5  responsibilities and expectations for all parties involved has

  6  been signed by a representative of the department, the

  7  individual, and the foster parent or licensed child-caring

  8  agency providing the placement resources.

  9         (b)  The services of the foster care program shall

10  continue for those individuals 18 to 21 years of age only for

11  the period of time the individual is continuously enrolled in

12  high school, in a program leading to a high school equivalency

13  diploma as defined in s. 229.814, or in a full-time career

14  education program; and shall continue for those individuals 18

15  to 23 years of age only for the period of time the individual

16  is continuously enrolled full-time in a postsecondary

17  educational institution granting a degree, a certificate, or

18  an applied technology diploma. Services shall be terminated

19  upon completion of or withdrawal or permanent expulsion from

20  high school, the program leading to a high school equivalency

21  diploma, the full-time career education program, or the

22  postsecondary educational institution granting a degree, a

23  certificate, or an applied technology diploma. In addition,

24  the department may, based upon the availability of funds,

25  provide assistance to those individuals who leave foster care

26  when they attain 18 years of age and subsequently request

27  assistance prior to their 21st birthday. The following are

28  examples of assistance that may be provided: referrals for

29  employment, services for educational or vocational

30  development, and housing assistance.

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  1         (c)1.  The department is authorized to provide the

  2  services of the children's foster care program to an

  3  individual who is enrolled full-time in a postsecondary

  4  vocational-technical education program, full-time in a

  5  community college program leading toward a vocational degree

  6  or an associate degree, or full-time in a college or

  7  university, if the following requirements are met:

  8         a.  The individual was committed to the legal custody

  9  of the department for placement in foster care as a dependent

10  child;

11         b.  The permanency planning goal pursuant to part VIII

12  of chapter 39 for the individual is long-term foster care or

13  independent living;

14         c.  The individual has been accepted for admittance to

15  a postsecondary vocational-technical education program, to a

16  community college, or to a college or university;

17         d.  All other resources have been thoroughly explored,

18  and it can be clearly established that there are no

19  alternative resources for placement; and

20         e.  A written service agreement which specifies

21  responsibilities and expectations for all parties involved has

22  been signed by a representative of the department, the

23  individual, and the foster parent or licensed child-caring

24  agency providing the placement resources, if the individual is

25  to continue living with the foster parent or placement

26  resource while attending a postsecondary vocational-technical

27  education program, community college, or college or

28  university. An individual who is to be continued in or placed

29  in independent living shall continue to receive services

30  according to the provisions of this subsection and the

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  1  agreement of responsibilities signed by the department and the

  2  individual.

  3         2.  Any provision of this chapter or any other law to

  4  the contrary notwithstanding, when an individual who meets the

  5  requirements of subparagraph 1. is in attendance at a

  6  community college, college, or university, the department may

  7  make foster care payments to such community college, college,

  8  or university in lieu of payment to the foster parents or

  9  individual, for the purpose of room and board, if not

10  otherwise provided, but such payments shall not exceed the

11  amount that would have been paid to the foster parents had the

12  individual remained in the foster home.

13         3.  The services of the foster care program shall

14  continue only for an individual under this paragraph who is a

15  full-time student but shall continue for not more than:

16         a.  Two consecutive years for an individual in a

17  postsecondary vocational-technical education program;

18         b.  Two consecutive years or four semesters for an

19  individual enrolled in a community college, unless the

20  individual is participating in college preparatory instruction

21  or is requiring additional time to complete the college-level

22  communication and computation skills testing program, in which

23  case such services shall continue for not more than 3

24  consecutive years or six semesters; or

25         c.  Four consecutive years, eight semesters, or 12

26  quarters for an individual enrolled in a college or

27  university, unless the individual is participating in

28  college-preparatory instruction or is requiring additional

29  time to complete the college-level communication and

30  computation skills testing programs, in which case such

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  1  services shall continue for not more than 5 consecutive years,

  2  10 semesters, or 15 quarters.

  3         4.a.  As a condition for continued foster care

  4  services, an individual shall have earned a grade point

  5  average of at least 2.0 on a 4.0 scale for the previous term

  6  and shall be eligible for continued enrollment in the

  7  institution. If the postsecondary vocational-technical school

  8  program does not operate on a grade point average as described

  9  above, then the individual shall maintain a standing

10  equivalent to the 2.0 grade point average.

11         b.  Services shall be terminated upon completion of,

12  graduation from, or withdrawal or permanent expulsion from a

13  postsecondary vocational-technical education program,

14  community college, or college or university. Services shall

15  also be terminated for failure to maintain the required level

16  of academic achievement.

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 s. 409.1451(6) 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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  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.  Subsection (3) of section 409.145, Florida

11  Statutes, and subsection (4) of section 409.165, Florida

12  Statutes, are repealed.

13         Section 6.  This act shall take effect October 1, 2002.

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15            *****************************************

16                          HOUSE SUMMARY

17
      Creates the "Road to Independence Act of 2002." Directs
18    the Department of Children and Family Services or its
      agents to administer a system of independent living
19    transition services for older children in foster care.
      Specifies requirements for a continuum of independent
20    living transition services and opportunities for the
      child's participation in everyday, quality-of-life
21    activities. Provides for department and program
      accountability. Specifies requirements for a subsidized
22    independent living program and services for youth age 18
      and older, and repeals duplicative existing provisions.
23    Establishes an independent living services integration
      workgroup to make assessments and recommendations
24    regarding an effective and efficient integration of
      services for the transition from foster care to
25    independent living.

26

27

28

29

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