Senate Bill sb0996

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    Florida Senate - 2002                                   SB 996

    By Senator Saunders





    25-891-02

  1                      A bill to be entitled

  2         An act relating to foster care; creating the

  3         "Road to Independence Act"; 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 quality-of-life activities; providing for

16         department and program accountability;

17         establishing an independent-living-services

18         integration workgroup; providing workgroup

19         membership and duties; specifying requirements

20         for a subsidized independent-living program;

21         specifying services for youth age 18 and older;

22         amending s. 409.165, F.S.; conforming

23         provisions relating to alternate care for

24         children; repealing ss. 409.145(3) and

25         409.165(4), F.S., relating to services for

26         youth age 18 and older and to the use of state

27         foster care funds to establish a continuum of

28         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:

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

  4  Independence Act."

  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-living transition services to enable older

20  children in foster care to make the transition to

21  self-sufficiency as adults.

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

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

24  array of independent-living transition services to assist

25  eligible foster children to develop skills that will

26  contribute to a successful transition to adulthood. The

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

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

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

30  until the child reaches 21 years of age, or 23 years of age if

31  continuing postsecondary education.

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  1         (3)  PARTICIPATION IN QUALITY-OF-LIFE ACTIVITIES.--To

  2  assist older children in foster care with the transition to

  3  independent living as adults, the program shall provide them

  4  with opportunities to participate in quality-of-life

  5  activities in their foster families and communities which are

  6  reasonable and appropriate to their age. To support these

  7  opportunities for participation in age-appropriate,

  8  quality-of-life activities, the department shall:

  9         (a)  Provide training for staff and foster parents that

10  addresses issues of older children in foster care and the

11  transition to adulthood, including supporting education and

12  employment and providing opportunities to participate in

13  appropriate daily activities.

14         (b)  Provide for transfer of the spending-money

15  allowance provided by the department each month directly to

16  the older child in the program through an electronic-benefit

17  transfer program.

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

19  develop outcome and other performance measures.

20         (5)  INDEPENDENT-LIVING-SERVICES INTEGRATION

21  WORKGROUP.--Subject to the availability of funds, the

22  Secretary of Children and Family Services shall establish the

23  independent-living-services integration workgroup, which, at a

24  minimum, shall include representatives from the following

25  agencies, departments, and persons:  the Department of

26  Children and Family Services, the Agency for Workforce

27  Innovation, the Department of Education, the Agency for Health

28  Care Administration, the State Youth Advisory Board, and

29  foster parents. The workgroup shall assess barriers to the

30  effective and efficient integration of services and support

31  across systems for the transition of older children in foster

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  1  care to independent living. The workgroup shall recommend

  2  methods to overcome these barriers and shall ensure that state

  3  plans for independent-living transition services include these

  4  recommendations, and shall report to appropriate legislative

  5  committees of the House of Representatives and the Senate by

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

  7  workgroup shall include:

  8         (a)  The possibility of enacting the Medicaid provision

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

10  No. 106-169, which allows adolescents in foster care to

11  receive medical coverage up to 21 years of age.

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

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

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

15  complete a postsecondary educational degree.

16         (c)  Ensuring that the Agency for Workforce Innovation

17  provides priority employment training and support for eligible

18  foster care participants in independent-living transition

19  services.

20         (d)  Ensuring that transfers between schools are

21  facilitated when changes in foster care placements occur.

22         (6)  SUBSIDIZED-INDEPENDENT-LIVING-PROGRAM

23  REQUIREMENTS.--As a part of the continuum of

24  independent-living transition services, the department may

25  establish a subsidized independent-living program in which a

26  minor 16 years of age or older lives independently of the

27  daily care and supervision of a responsible adult, in a

28  setting that need not be licensed under the provisions of s.

29  409.175, provided that the following conditions exist:

30         (a)  Subsidized independent-living arrangements

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

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  1  leading to the total independence of the child from department

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

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

  4  additional identified skills; the behavior that the child has

  5  exhibited which indicates an ability to be responsible and a

  6  plan for developing additional responsibilities, as

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

  8  training skills; present financial and budgeting capabilities

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

10  of the proposed residence; documentation that the child

11  understands the specific consequences of his or her conduct in

12  the subsidized independent-living program; documentation of

13  proposed services by the department and other agencies,

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

15  contact; and a plan for maintaining or developing

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

17  community, as appropriate.

18         (b)  Subsidized-independent-living stipends in an

19  amount established by the department may be made directly to

20  children in subsidized independent-living situations who meet

21  the requirements for continued foster care, under direct

22  supervision of a caseworker or other responsible adults

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

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

25  remain eligible for subsidized-independent-living stipends.

26         (c)  The department shall establish procedures and

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

28  demonstrate independent-living skills.

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

30         (a)  The department is authorized to continue to

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

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

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

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

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

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

  6  enrolled full-time in a postsecondary educational institution

  7  granting a degree, a certificate, or an applied-technology

  8  diploma, if the following requirements are met:

  9         1.  The individual was committed to the legal custody

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

11  child;

12         2.  All other resources have been thoroughly explored,

13  and it can be clearly established that there are no

14  alternative resources for placement; and

15         3.  A written service agreement that specifies

16  responsibilities and expectations for all parties involved has

17  been signed by a representative of the department, the

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

19  agency providing the placement resources.

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

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

22  the period of time the individual is continuously enrolled in

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

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

25  education program; and shall continue for those individuals 18

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

27  is continuously enrolled full-time in a postsecondary

28  educational institution granting a degree, a certificate, or

29  an applied-technology diploma. Services shall be terminated

30  upon completion of or withdrawal or permanent expulsion from

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

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

  2  postsecondary educational institution granting a degree, a

  3  certificate, or an applied-technology diploma. In addition,

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

  5  provide assistance to those individuals who leave foster care

  6  when they attain 18 years of age and subsequently request

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

  8  examples of assistance that may be provided: referrals for

  9  employment, services for educational or vocational

10  development, and housing assistance.

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

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

13  individual who is enrolled full-time in a postsecondary

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

15  community college program leading toward a vocational degree

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

17  university, if the following requirements are met:

18         a.  The individual was committed to the legal custody

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

20  child;

21         b.  The permanency planning goal pursuant to part VIII

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

23  independent living;

24         c.  The individual has been accepted for admittance to

25  a postsecondary vocational-technical education program, to a

26  community college, or to a college or university;

27         d.  All other resources have been thoroughly explored,

28  and it can be clearly established that there are no

29  alternative resources for placement; and

30         e.  A written service agreement that specifies

31  responsibilities and expectations for all parties involved has

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  1  been signed by a representative of the department, the

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

  3  agency providing the placement resources, if the individual is

  4  to continue living with the foster parent or placement

  5  resource while attending a postsecondary vocational-technical

  6  education program, community college, or college or

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

  8  in independent living shall continue to receive services

  9  according to the provisions of this subsection and the

10  agreement of responsibilities signed by the department and the

11  individual.

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

13  the contrary notwithstanding, when an individual who meets the

14  requirements of subparagraph 1. is in attendance at a

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

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

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

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

19  otherwise provided, but such payments may not exceed the

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

21  individual remained in the foster home.

22         3.  The services of the foster care program shall

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

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

25         a.  Two consecutive years for an individual in a

26  postsecondary vocational-technical education program;

27         b.  Two consecutive years or four semesters for an

28  individual enrolled in a community college, unless the

29  individual is participating in college-preparatory instruction

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

31  communication and computation skills testing program, in which

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  1  case such services shall continue for not more than 3

  2  consecutive years or 6 semesters; or

  3         c.  Four consecutive years, 8 semesters, or 12 quarters

  4  for an individual enrolled in a college or university, unless

  5  the individual is participating in college-preparatory

  6  instruction or is requiring additional time to complete the

  7  college-level communication and computation skills testing

  8  programs, in which case such services shall continue for not

  9  more than 5 consecutive years, 10 semesters, or 15 quarters.

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

11  services, an individual must have earned a grade-point average

12  of at least 2.0 on a 4.0 scale for the previous term and shall

13  be eligible for continued enrollment in the institution. If

14  the postsecondary vocational-technical school program does not

15  operate on a grade-point average as described above, the

16  individual must maintain a standing equivalent to the 2.0

17  grade-point average.

18         b.  Services shall be terminated upon completion of,

19  graduation from, or withdrawal or permanent expulsion from a

20  postsecondary vocational-technical education program,

21  community college, or college or university. Services shall

22  also be terminated for failure to maintain the required level

23  of academic achievement.

24         Section 4.  Paragraph (f) of subsection (3) of section

25  409.165, Florida Statutes, is amended to read:

26         409.165  Alternate care for children.--

27         (3)  With the written consent of parents, custodians,

28  or guardians, or in accordance with those provisions in

29  chapter 39 that relate to dependent children, the department,

30  under rules properly adopted, may place a child:

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  1         (f)  In a subsidized independent-living an independent

  2  living situation, subject to the provisions of s. 409.1451(6)

  3  subsection (4),

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  5  under such conditions as are determined to be for the best

  6  interests or the welfare of the child. Any child placed in an

  7  institution or in a family home by the department or its

  8  agency may be removed by the department or its agency, and

  9  such other disposition may be made as is for the best interest

10  of the child, including transfer of the child to another

11  institution, another home, or the home of the child.

12  Expenditure of funds appropriated for out-of-home care can be

13  used to meet the needs of a child in the child's own home or

14  the home of a relative if the child can be safely served in

15  the child's own home or that of a relative if placement can be

16  avoided by the expenditure of such funds, and if the

17  expenditure of such funds in this manner is calculated by the

18  department to be a potential cost savings.

19         Section 5.  Subsection (3) of section 409.145, Florida

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

21  Statutes, are repealed.

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

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  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Creates the "Road to Independence Act." Directs the
  4    Department of Children and Family Services or its agents
      to administer a system of independent-living transition
  5    services for older children in foster care. Specifies
      requirements for a continuum of independent-living
  6    transition services and opportunities for the child's
      participation in quality-of-life activities. Provides for
  7    department and program accountability. Specifies
      requirements for a subsidized independent-living program
  8    and services for youth age 18 and older, and repeals
      duplicative existing provisions. Establishes an
  9    independent-living-services integration workgroup to make
      assessments and recommendations regarding an effective
10    and efficient integration of services for the transition
      from foster care to independent living.
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