Senate Bill sb2460

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    Florida Senate - 2003                                  SB 2460

    By Senator Campbell





    32-1466-03                                         See HB 1325

  1                      A bill to be entitled

  2         An act relating to independent living

  3         transition services; amending s. 409.1451,

  4         F.S.; requiring each Department of Children and

  5         Family Services district to identify adolescent

  6         foster children with developmental disabilities

  7         or special mental health needs; requiring

  8         assignment to an independent living counselor

  9         and providing counselor duties; revising

10         eligibility requirements for independent living

11         transition services, participation in the

12         Road-to-Independence Scholarship Program, and

13         transitional support services; authorizing

14         Medicaid coverage to youth eligible for

15         transitional support services; providing an

16         effective date.

17  

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

19  

20         Section 1.  Subsection (1), paragraph (a) of subsection

21  (2), subsection (4), and paragraphs (b) and (c) of subsection

22  (5) of section 409.1451, Florida Statutes, are amended to

23  read:

24         409.1451  Independent living transition services.--

25         (1)  SYSTEM OF SERVICES.--

26         (a)  The Department of Children and Family Services or

27  its agents shall administer a system of independent living

28  transition services to enable older children in foster care

29  and young adults who exit foster care at age 18 to make the

30  transition to self-sufficiency as adults.

31  

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    Florida Senate - 2003                                  SB 2460
    32-1466-03                                         See HB 1325




 1         (b)  The goals of independent living transition

 2  services are to assist older children in foster care and young

 3  adults who were formerly in foster care to obtain life skills

 4  and education for independent living and employment, to have a

 5  quality of life appropriate for their age, and to assume

 6  personal responsibility for becoming self-sufficient adults.

 7         (c)  Each Department of Children and Family Services

 8  district shall identify adolescent foster children with

 9  developmental disabilities or special mental health needs and

10  assign to them a department independent living counselor

11  specially trained in working with this population of children.

12  It shall be the specific responsibility of the counselor to

13  work with these foster youth to help them make the transition

14  to self-sufficiency as adults and to ensure that these

15  children are provided with reasonable accommodations for their

16  disabilities. The counselor must assist the youth with

17  accessing support and funding from other sources, such as the

18  department's Developmental Disabilities Office and the

19  department's Mental Health Office. The counselor must

20  coordinate the department's independent living plan for a

21  child with the school's individual education plan for a child

22  who is in a special education program. The counselor must

23  begin working with an eligible child at least 1 year prior to

24  the child turning 18 years of age, with special attention paid

25  to 17-year-old foster children residing at children's

26  residential treatment facilities who face a particularly

27  difficult transition to living as adults in the community.

28         (d)(c)  State funds for foster care or federal funds

29  shall be used to establish a continuum of services for

30  eligible children in foster care and eligible young adults who

31  were formerly in foster care which accomplish the goals for

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    Florida Senate - 2003                                  SB 2460
    32-1466-03                                         See HB 1325




 1  the independent living transition services and provide the

 2  service components for services for foster children, as

 3  provided in subsection (3), and services for young adults who

 4  were formerly in foster care, as provided in subsection (5).

 5         (e)(d)  For children in foster care, independent living

 6  transition services are not an alternative to adoption.

 7  Independent living transition services may occur concurrently

 8  with continued efforts to locate and achieve placement in

 9  adoptive families for older children in foster care.

10         (2)  ELIGIBILITY.--

11         (a)  The department shall serve children who are 13 to

12  18 years of age or who are 18 to 23 years of age and are in

13  high school as a special education student, in a high school

14  equivalency diploma program pursuant to s. 1003.435, or in an

15  adult education program pursuant to s. 1004.93 and who are in

16  foster care through the program component of services for

17  foster children provided in subsection (3). Children to be

18  served must meet the eligibility requirements set forth for

19  specific services as provided in this section and through

20  department rule.

21         (4)  PARTICIPATION IN LIFE SKILLS ACTIVITIES.--In order

22  to assist older children in foster care, ages 13 to 18 years

23  of age or who are 18 to 23 years of age and are enrolled in

24  high school as a special education student, in a high school

25  equivalency diploma program pursuant to s. 1003.435, or in an

26  adult education program pursuant to s. 1004.93, with the

27  transition to independent living as adults, the program must

28  provide them with opportunities to participate in and learn

29  from life skills activities in their foster families and

30  communities which are reasonable and appropriate for their

31  age. Such activities may include, but are not limited to,

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    Florida Senate - 2003                                  SB 2460
    32-1466-03                                         See HB 1325




 1  managing money earned from a job, taking driver's education,

 2  and participating in after-school or extracurricular

 3  activities. To support these opportunities for participation

 4  in age-appropriate life skills activities, the department may:

 5         (a)  Develop, with children in the program and their

 6  foster parents, a list of age-appropriate activities and

 7  responsibilities to be presented to all children involved in

 8  independent living transition services and their foster

 9  parents.

10         (b)  Provide training for staff and foster parents

11  which addresses issues of older children in foster care and

12  the transition to adulthood, including supporting education

13  and employment and providing opportunities to participate in

14  appropriate daily activities.

15         (c)  Develop procedures to maximize the authority of

16  foster parents to approve participation in age-appropriate

17  activities of children in their care.

18         (d)  Provide opportunities for older children in foster

19  care to interact with mentors.

20         (e)  Develop and implement procedures for older

21  children to directly access and manage the personal allowance

22  they receive from the department in order to learn

23  responsibility and participate in age-appropriate life skills

24  activities to the extent feasible.

25         (5)  PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS

26  FORMERLY IN FOSTER CARE.--Based on the availability of funds,

27  the department shall provide or arrange for the following

28  services to young adults formerly in foster care who meet the

29  prescribed conditions and are determined eligible by the

30  department. The categories of services available to assist a

31  

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    Florida Senate - 2003                                  SB 2460
    32-1466-03                                         See HB 1325




 1  young adult formerly in foster care to achieve independence

 2  are:

 3         (b)  Road-to-Independence Scholarship Program.--

 4         1.  The Road-to-Independence Scholarship Program is

 5  intended to help eligible students who are former foster

 6  children in this state to receive the educational and

 7  vocational training needed to achieve independence. The amount

 8  of the award shall equal the earnings that the student would

 9  have been eligible to earn working a 40-hour-a-week federal

10  minimum wage job, after considering other grants and

11  scholarships that are in excess of the educational

12  institutions' fees and costs, and contingent upon available

13  funds. Students eligible for the Road-to-Independence

14  Scholarship Program may also be eligible for educational fee

15  waivers for workforce development postsecondary programs,

16  community colleges, and universities, pursuant to s.

17  1009.25(2)(c).

18         2.  A young adult 18 to 23 21 years of age is eligible

19  for the initial award, and a young adult under 23 years of age

20  is eligible for renewal awards, if he or she:

21         a.  Is a dependent child, pursuant to chapter 39, and

22  has lived is living in licensed foster care or in subsidized

23  independent living within 6 months at the time of his or her

24  18th birthday;

25         b.  Has spent at least 6 months living in foster care

26  before reaching his or her 18th birthday;

27         c.  Is a resident of this state as defined in s.

28  1009.40; and

29         d.  Meets one of the following qualifications:

30         (I)  Has earned a standard high school diploma or its

31  equivalent as described in s. 1003.425 or s. 1003.43, and has

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    Florida Senate - 2003                                  SB 2460
    32-1466-03                                         See HB 1325




 1  been admitted for full-time enrollment in an eligible

 2  postsecondary education institution as defined in s. 1009.533;

 3         (II)  Is enrolled full time in an accredited high

 4  school, is within 2 years of graduation, and has maintained a

 5  grade point average of at least 2.0 on a scale of 4.0 for the

 6  two semesters preceding the date of his or her 18th birthday

 7  or, in the case of a student in a special education program in

 8  an accredited high school, has met the minimum grade point

 9  average required by that program to graduate; or

10         (III)  Is enrolled full time in an accredited adult

11  education program or high school equivalency diploma program

12  designed to provide the student with a high school diploma or

13  its equivalent, is making satisfactory progress in that

14  program as certified by the program, and is within 2 years of

15  attaining a high school diploma or its equivalent graduation.

16         3.a.  The department must advertise the availability of

17  the program and must ensure that the children and young adults

18  leaving foster care, foster parents, or family services

19  counselors are informed of the availability of the program and

20  the application procedures.

21         b.  A young adult must apply for the initial award

22  during the 6 months immediately preceding his or her 18th

23  birthday. A young adult who fails to make an initial

24  application, but who otherwise meets the criteria for an

25  initial award, may make one application for the initial award

26  if such application is made before the young adult's 21st

27  birthday.

28         c.  If funding for the program is available, the

29  department shall issue awards from the scholarship program for

30  each young adult who meets all the requirements of the

31  program.

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    Florida Senate - 2003                                  SB 2460
    32-1466-03                                         See HB 1325




 1         d.  An award shall be issued at the time the eligible

 2  student reaches 18 years of age.

 3         e.  If the award recipient transfers from one eligible

 4  institution to another and continues to meet eligibility

 5  requirements, the award must be transferred with the

 6  recipient.

 7         f.  Scholarship funds awarded to any eligible young

 8  adult under this program are in addition to any other services

 9  provided to the young adult by the department through its

10  independent living transition services.

11         g.  The department shall provide information concerning

12  young adults receiving the Road-to-Independence Scholarship to

13  the Department of Education for inclusion in the student

14  financial assistance database, as provided in s. 1009.94.

15         h.  Scholarship funds shall be terminated when the

16  young adult has attained a bachelor of arts or bachelor of

17  science degree, or equivalent undergraduate degree, or reaches

18  23 years of age, whichever occurs earlier.

19         i.  The department shall evaluate and renew each award

20  annually during the 90-day period before the young adult's

21  birthday. In order to be eligible for a renewal award for the

22  subsequent year, the young adult must:

23         (I)  Complete at least 12 semester hours or the

24  equivalent in the last academic year in which the young adult

25  earned a scholarship, except for a young adult who meets the

26  requirements of s. 1009.41.

27         (II)  Maintain the cumulative grade point average

28  required by the scholarship program, except that, if the young

29  adult's grades are insufficient to renew the scholarship at

30  any time during the eligibility period, the young adult may

31  

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    Florida Senate - 2003                                  SB 2460
    32-1466-03                                         See HB 1325




 1  restore eligibility by improving the grade point average to

 2  the required level.

 3         j.  Scholarship funds may be terminated during the

 4  interim between an award and the evaluation for a renewal

 5  award if the department determines that the award recipient is

 6  no longer enrolled in an educational institution as defined in

 7  sub-subparagraph 2.d., or is no longer a state resident. The

 8  department shall notify a student who is terminated and inform

 9  the student of his or her right to appeal.

10         k.  An award recipient who does not qualify for a

11  renewal award or who chooses not to renew the award may

12  subsequently apply for reinstatement. An application for

13  reinstatement must be made before the young adult reaches 23

14  years of age, and a student may not apply for reinstatement

15  more than once. In order to be eligible for reinstatement, the

16  young adult must meet the eligibility criteria and the

17  criteria for award renewal for the scholarship program.

18         l.  A young adult receiving continued services of the

19  foster care program under former s. 409.145(3) must transfer

20  to the scholarship program by July 1, 2003.

21         (c)  Transitional support services.--

22         1.  In addition to any services provided through after

23  care support or the Road-to-Independence Scholarship, a young

24  adult formerly in foster care, may receive other appropriate

25  short-term services, which may include financial, housing,

26  counseling, employment, education and other services, if the

27  young adult demonstrates that the services are critical to the

28  young adult's own efforts to achieve self-sufficiency and to

29  develop a personal support system.

30         2.  A young adult formerly in foster care is eligible

31  to apply for transitional support services if he or she is 18

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    Florida Senate - 2003                                  SB 2460
    32-1466-03                                         See HB 1325




 1  to 23 years of age, was a dependent child pursuant to chapter

 2  39, was living in licensed foster care or in subsidized

 3  independent living within 6 months at the time of his or her

 4  18th birthday, and had spent at least 6 months living in

 5  foster care before that date.

 6         3.  A young adult formerly in foster care who is

 7  eligible for transitional support services pursuant to this

 8  subsection is also eligible to receive Medicaid coverage

 9  through age 23.

10         4.3.  If at any time the services are no longer

11  critical to the young adult's own efforts to achieve

12  self-sufficiency and to develop a personal support system,

13  they shall be terminated.

14         Section 2.  This act shall take effect July 1, 2003.

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