HB 1981

1	A bill to be entitled
2	An act relating to independent living transition services;
3	amending s. 409.1451, F.S.; authorizing community-based
4	providers to administer an independent living transition
5	services system; providing legislative intent regarding
6	assistance to older children in foster care; requiring the
7	Department of Children and Family Services to provide
8	certain skills assessment and training to such children;
9	providing guidelines to develop such training; providing
10	certain educational goals; revising provisions governing a
11	young adult's preparation for independent living;
12	requiring the department to conduct an assessment and
13	inform the child of certain scholarships, grants, and
14	awards; providing that such assessment be included in a
15	certain report during judicial review; removing life
16	skills activities guidelines for young adults who were
17	formerly in foster care; revising aftercare services;
18	providing a limitation on the amount of an award;
19	providing additional qualifications to receive the award;
20	providing that a young adult who is eligible to receive
21	such award may remain with the foster family or group care
22	provider beyond his or her age of majority; providing a
23	limitation on the number of diplomas, certificates, or the
24	equivalent an award recipient may receive; abolishing the
25	independent living services workgroup; creating the
26	Independent Living Services Advisory Council; providing
27	duties and responsibilities; requiring an annual report;
28	providing membership criteria; removing the department's
29	rulemaking authority; amending s. 39.701, F.S.; requiring
30	a judicial review hearing within a certain timeframe for
31	each child in foster care; requiring that the court
32	certify that such child has received certain information;
33	providing that the department may be held in contempt;
34	requiring that information from the preindependent living
35	assessment be provided to the courts; requiring the court
36	to determine the child's preparation for independence;
37	amending s. 1009.25, F.S.; revising requirements
38	specifying the students who are exempt from paying tuition
39	and fees; requiring the Auditor General to perform an
40	audit of program and submit a report; providing an
41	effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1.  Section 409.1451, Florida Statutes, is amended
46	to read:
47	409.1451  Independent living transition services.--
48	(1)  SYSTEM OF SERVICES.--
49	(a)  The Department of Children and Family Services, or its
50	agents, or community-based providers operating pursuant to s.
51	409.1671 shall administer a system of independent living
52	transition services to enable older children in foster care and
53	young adults who exit foster care at age 18 to make the
54	transition to self-sufficiency as adults.
55	(b)  The goals of independent living transition services
56	are to assist older children in foster care and young adults who
57	were formerly in foster care to obtain life skills and education
58	for independent living and employment, to have a quality of life
59	appropriate for their age, and to assume personal responsibility
60	for becoming self-sufficient adults.
61	(c)  State funds for foster care or federal funds shall be
62	used to establish a continuum of services for eligible children
63	in foster care and eligible young adults who were formerly in
64	foster care which accomplish the goals for the system of
65	independent living transition services by providing and provide
66	the service components for services for foster children,
67	pursuant to as provided in subsection (4) (3), and services for
68	young adults who were formerly in foster care, pursuant to as
69	provided in subsection (5).
70	(d)  For children in foster care, independent living
71	transition services are not an alternative to adoption.
72	Independent living transition services may occur concurrently
73	with continued efforts to locate and achieve placement in
74	adoptive families for older children in foster care.
75	(2)  ELIGIBILITY.--
76	(a)  The department shall serve children who have reached
77	are 13 years of age but are not yet to 18 years of age and who
78	are in foster care by providing services pursuant to through the
79	program component of services for foster children provided in
80	subsection (4) (3). Children to be served must meet the
81	eligibility requirements set forth for specific services as
82	provided in this section and through department rule.
83	(b)  The department shall serve young adults who have
84	reached are 18 years of age but are not yet to 23 years of age
85	and who were in foster care when they turned 18 years of age by
86	providing services pursuant to through the program component of
87	services for young adults who were formerly in foster care in
88	subsection (5). Young adults Children to be served must meet the
89	eligibility requirements set forth for specific services in this
90	section and through department rule.
91	(3)  PREPARATION FOR INDEPENDENT LIVING.--
92	(a)  It is the intent of the Legislature for the Department
93	of Children and Family Services to assist older children in
94	foster care and young adults who exit foster care at age 18 in
95	making the transition to independent living and self-sufficiency
96	as adults. The department shall provide such children and young
97	adults with opportunities to participate in life skills
98	activities in their foster families and communities which are
99	reasonable and appropriate for their respective ages, and shall
100	provide them with services to build the skills and increase
101	their ability to live independently and become self-sufficient.
102	To support the provision of opportunities for participation in
103	age-appropriate life skills activities, the department shall:
104	1.  Develop a list of age-appropriate activities and
105	responsibilities to be offered to all children involved in
106	independent living transition services and their foster parents.
107	2.  Provide training for staff and foster parents to
108	address the issues of older children in foster care in
109	transitioning to adulthood, which shall include information on
110	supporting education and employment and providing opportunities
111	to participate in appropriate daily activities.
112	3.  Develop procedures to maximize the authority of foster
113	parents to approve participation in age-appropriate activities
114	of children in their care.
115	4.  Provide opportunities for older children in foster care
116	to interact with mentors.
117	5.  Develop and implement procedures for older children to
118	directly access and manage the personal allowance they receive
119	from the department in order to learn responsibility and
120	participate in age-appropriate life skills activities to the
121	extent feasible.
122	(b)  It is further the intent of the Legislature that each
123	child in foster care, his or her foster parents, if applicable,
124	and the department or community-based provider set early
125	achievement and career goals for the child's postsecondary
126	educational and work experience. The department and community-
127	based providers shall implement the model set forth in this
128	paragraph to help ensure that children in foster care are ready
129	for postsecondary education and the workplace.
130	1.  Children in foster care entering the ninth grade, their
131	foster parents, and the department or community-based provider
132	shall be active participants in choosing a post-high school goal
133	based upon both the abilities and interests of each child. The
134	goal shall accommodate the needs of children served in
135	exceptional education programs to the extent appropriate for
136	each individual. Such children may continue to follow the
137	courses outlined in the district school board student
138	progression plan. Children in foster care, with the assistance
139	of their foster parents, and the department or community-based
140	provider shall choose one of the following postsecondary goals:
141	a.  Attending a 4-year college or university, a community
142	college plus university, or a military academy;
143	b.  Receiving a 2-year postsecondary degree;
144	c.  Attaining a postsecondary career and technical
145	certificate or credential; or
146	d.  Beginning immediate employment after completion of a
147	high school diploma or its equivalent, or enlisting in the
148	military.
149	2.  In order to assist the child in foster care in
150	achieving his or her chosen goal, the department or community-
151	based provider shall, with the participation of the child and
152	foster parents, identify:
153	a.  The core courses necessary to qualify for a chosen
154	goal.
155	b.  Any elective courses which would provide additional
156	help in reaching a chosen goal.
157	c.  The grade point requirement and any additional
158	information necessary to achieve a specific goal.
159	d.  A teacher, other school staff member, employee of the
160	department or community-based care provider, or community
161	volunteer who would be willing to work with the child as an
162	academic advocate or mentor if foster parent involvement is
163	insufficient or unavailable.
164	3.  In order to complement educational goals, the
165	department and community-based providers are encouraged to form
166	partnerships with the business community to support internships,
167	apprenticeships, or other work-related opportunities.
168	4.  The department and community-based providers shall
169	ensure that children in foster care and their foster parents are
170	made aware of the postsecondary goals available and shall assist
171	in identifying the coursework necessary to enable the child to
172	reach the chosen goal.
173	(c)  All children in foster care and young adults formerly
174	in foster care are encouraged to take part in learning
175	opportunities that result from participation in community
176	service activities.
177	(d)  Children in foster care and young adults formerly in
178	foster care shall be provided with the opportunity to change
179	from one postsecondary goal to another, and each postsecondary
180	goal shall allow for changes in each individual's needs and
181	preferences. Any change, particularly a change that will result
182	in additional time required to achieve a goal, shall be made
183	with the guidance and assistance of the department or community-
184	based provider.
185	(4)(3)  PROGRAM COMPONENT OF SERVICES FOR FOSTER CHILDREN
186	IN FOSTER CARE.--The department shall provide the following
187	transition to independence services to children in foster care
188	who meet prescribed conditions and are determined eligible by
189	the department. The service categories available to children in
190	foster care which facilitate successful transition into
191	adulthood are:
192	(a)  Preindependent-living services.--
193	1.  Preindependent-living services include, but are not
194	limited to, life skills training, educational field trips, and
195	conferences. The specific services to be provided to a child
196	shall be determined using a preindependent-living assessment.
197	2.  A child who has reached 13 years of age but is not yet
198	to 15 years of age who is in foster care is eligible for such
199	services.
200	3.  The department shall conduct an annual staffing for
201	each child who has reached 13 years of age but is not yet 15
202	years of age to ensure that the preindependent-living training
203	and services to be provided as determined by the preindependent-
204	living assessment are being received and to evaluate the
205	progress of the child in developing the needed independent
206	living skills.
207	4.  At the first annual staffing that occurs following a
208	child's 14th birthday, and at each subsequent staffing, the
209	department shall provide to each child detailed information on
210	services provided by the Road-to-Independence Scholarship
211	Program, including requirements for eligibility; on other
212	grants, scholarships, and waivers that are available and should
213	be sought by the child with assistance from the department,
214	including, but not limited to, the Bright Futures Scholarship
215	Program, as provided in ss. 1009.53-1009.538; on application
216	deadlines; and on grade requirements for such programs.
217	5.  Information related to both the preindependent-living
218	assessment and all staffings, which shall be reduced to writing
219	and signed by the child participant, shall be included as a part
220	of the written report required to be provided to the court at
221	each judicial review held pursuant to s. 39.701.
222	(b)  Life skills services.--
223	1.  Life skills services may include, but are not limited
224	to, independent living skills training, including training to
225	develop banking and budgeting skills, interviewing skills,
226	parenting skills, educational support, employment training, and
227	counseling. Children receiving these services should also be
228	provided with information related to social security insurance
229	benefits and public assistance. The specific services to be
230	provided to a child shall be determined using an independent
231	life skills assessment.
232	2.  A child who has reached 15 years of age but is not yet
233	to 18 years of age who is in foster care is eligible for such
234	services.
235	3.  The department shall conduct a staffing at least once
236	every 6 months for each child who has reached 15 years of age
237	but is not yet 18 years of age to ensure that the appropriate
238	independent living training and services as determined by the
239	independent life skills assessment are being received and to
240	evaluate the progress of the child in developing the needed
241	independent living skills.
242	4.  The department shall provide to each child in foster
243	care during the calendar month following the child's 17th
244	birthday an independent-living assessment to determine the
245	child's skills and abilities to live independently and become
246	self-sufficient. Based on the results of the independent-living
247	assessment, services and training shall be provided in order for
248	the child to develop the necessary skills and abilities prior to
249	the child's 18th birthday.
250	5.  Information related to both the independent life skills
251	assessment and all staffings, which shall be reduced to writing
252	and signed by the child participant, shall be included as a part
253	of the written report required to be provided to the court at
254	each judicial review held pursuant to s. 39.701.
255	(c)  Subsidized independent living services.--
256	1.  Subsidized independent living services are living
257	arrangements that allow the child to live independently of the
258	daily care and supervision of an adult in a setting that is not
259	required to be licensed under s. 409.175.
260	2.  A child who has reached 16 years of age but is not yet
261	to 18 years of age is eligible for such services if he or she:
262	a.  Is adjudicated dependent under chapter 39; has been
263	placed in licensed out-of-home care for at least 6 months prior
264	to entering subsidized independent living; and has a permanency
265	goal of adoption, independent living, or long-term licensed
266	care; and
267	b.  Is able to demonstrate independent living skills, as
268	determined by the department, using established procedures and
269	assessments.
270	3.  Independent living arrangements established for a child
271	must be part of an overall plan leading to the total
272	independence of the child from the department's supervision. The
273	plan must include, but need not be limited to, a description of
274	the skills of the child and a plan for learning additional
275	identified skills; the behavior that the child has exhibited
276	which indicates an ability to be responsible and a plan for
277	developing additional responsibilities, as appropriate; a plan
278	for future educational, vocational, and training skills; present
279	financial and budgeting capabilities and a plan for improving
280	resources and ability; a description of the proposed residence;
281	documentation that the child understands the specific
282	consequences of his or her conduct in the independent living
283	program; documentation of proposed services to be provided by
284	the department and other agencies, including the type of service
285	and the nature and frequency of contact; and a plan for
286	maintaining or developing relationships with the family, other
287	adults, friends, and the community, as appropriate.
288	4.  Subsidy payments in an amount established by the
289	department may be made directly to a child under the direct
290	supervision of a caseworker or other responsible adult approved
291	by the department.
292	(4)  PARTICIPATION IN LIFE SKILLS ACTIVITIES.--In order to
293	assist older children in foster care, ages 13 to 18 years of
294	age, with the transition to independent living as adults, the
295	program must provide them with opportunities to participate in
296	and learn from life skills activities in their foster families
297	and communities which are reasonable and appropriate for their
298	age. Such activities may include, but are not limited to,
299	managing money earned from a job, taking driver's education, and
300	participating in after-school or extracurricular activities.
301	To support these opportunities for participation in age-
302	appropriate life skills activities, the department may:
303	(a)  Develop, with children in the program and their foster
304	parents, a list of age-appropriate activities and
305	responsibilities to be presented to all children involved in
306	independent living transition services and their foster parents.
307	(b)  Provide training for staff and foster parents which
308	addresses issues of older children in foster care and the
309	transition to adulthood, including supporting education and
310	employment and providing opportunities to participate in
311	appropriate daily activities.
312	(c)  Develop procedures to maximize the authority of foster
313	parents to approve participation in age-appropriate activities
314	of children in their care.
315	(d)  Provide opportunities for older children in foster
316	care to interact with mentors.
317	(e)  Develop and implement procedures for older children to
318	directly access and manage the personal allowance they receive
319	from the department in order to learn responsibility and
320	participate in age-appropriate life skills activities to the
321	extent feasible.
322	(5)  PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS
323	FORMERLY IN FOSTER CARE.--Based on the availability of funds,
324	the department shall provide or arrange for the following
325	services to young adults formerly in foster care who meet the
326	prescribed conditions and are determined eligible by the
327	department. The categories of services available to assist a
328	young adult formerly in foster care to achieve independence are:
329	(a)  Aftercare support services.--
330	1.  Aftercare support services are available to assist
331	young adults who were formerly in foster care in their efforts
332	to continue to develop the skills and abilities necessary for
333	independent living. The aftercare support services available
334	include, but are not limited to, the following referrals to
335	resources in the community for:
336	a.  Mentoring and tutoring.
337	b.  Mental health services and substance abuse counseling.
338	c.  Life skills classes, including credit management and
339	preventive health activities.
340	d.  Parenting classes.
341	e.  Job skills training.
342	f.  Counselor consultations.
343	g.  Temporary financial assistance.
344
345	The specific services to be provided under this subparagraph
346	shall be determined by an aftercare services assessment and may
347	be provided by the department or through referrals in the
348	community. Temporary assistance may be provided to prevent
349	homelessness shall be provided as expeditiously as possible and
350	within the limitations defined by the department.
351	2.  A young adult who has reached 18 years of age but is
352	not yet to 23 years of age who leaves foster care at 18 years of
353	age but who requests services prior to reaching 23 years of age
354	is eligible for such services.
355	(b)  Road-to-Independence Scholarship Program.--
356	1.  The Road-to-Independence Scholarship Program is
357	intended to help eligible students who are former foster
358	children in this state to receive the educational and vocational
359	training needed to achieve independence. The amount of the award
360	shall be based on the living and educational needs of the young
361	adult and may be up to, but shall not exceed equal the amount of
362	earnings that the student would have been eligible to earn
363	working a 40-hour-a-week federal minimum wage job, after
364	considering other grants and scholarships that are in excess of
365	the educational institutions' fees and costs, and contingent
366	upon available funds. Students eligible for the Road-to-
367	Independence Scholarship Program may also be eligible for
368	educational fee waivers for workforce development postsecondary
369	programs, community colleges, and universities, pursuant to s.
370	1009.25(2)(c).
371	2.  A young adult who has reached 18 years of age but is
372	not yet to 21 years of age is eligible for the initial award,
373	and a young adult under 23 years of age is eligible for renewal
374	awards, if he or she:
375	a.  Was Is a dependent child, pursuant to chapter 39, and
376	was is living in licensed foster care or in subsidized
377	independent living at the time of his or her 18th birthday;
378	b.  Has Spent at least 6 months living in foster care
379	before reaching his or her 18th birthday;
380	c.  Is a resident of this state as defined in s. 1009.40;
381	and
382	d.  Meets one of the following qualifications:
383	(I)  Has earned a standard high school diploma or its
384	equivalent as described in s. 1003.43 or s. 1003.435, or has
385	earned a special diploma or special certificate of completion as
386	described in s. 1003.438, and has been admitted for full-time
387	enrollment in an eligible postsecondary education institution as
388	defined in s. 1009.533;
389	(II)  Is enrolled full time in an accredited high school,
390	is within 2 years of graduation, and has maintained a grade
391	point average of at least 2.0 on a scale of 4.0 for the two
392	semesters preceding the date of his or her 18th birthday; or
393	(III)  Is enrolled full time in an accredited adult
394	education program designed to provide the student with a high
395	school diploma or its equivalent, is making satisfactory
396	progress in that program as certified by the program, and is
397	within 2 years of graduation.
398	3.  A young adult applying for a Road-to-Independence
399	Scholarship must apply for any other grants and scholarships for
400	which he or she may qualify. The department shall assist the
401	young adult in the application process and may use the federal
402	financial aid grant process to determine the funding needs of
403	the young adult.
404	4.  The amount of the award, whether it is being used by a
405	young adult working towards completion of a high school diploma
406	or its equivalent or working towards completion of a
407	postsecondary education program, shall be determined based on an
408	assessment of the funding needs of the young adult. This
409	assessment shall consider the young adult's living and
410	educational costs and other grants, scholarships, waivers,
411	earnings, and other income to be received by the young adult. An
412	award shall be available only to the extent that other grants
413	and scholarships are not sufficient to meet the living and
414	educational needs of the young adult, but an award shall not be
415	less than $25 in order to maintain Medicaid eligibility for the
416	young adult as provided in s. 409.903.
417	5.3.a.  The department must advertise the availability of
418	the program and must ensure that the children and young adults
419	leaving foster care, foster parents, or family services
420	counselors are informed of the availability of the program and
421	the application procedures.
422	b.  A young adult must apply for the initial award during
423	the 6 months immediately preceding his or her 18th birthday and
424	the department shall provide assistance with the application
425	process. A young adult who fails to make an initial application,
426	but who otherwise meets the criteria for an initial award, may
427	make one application for the initial award if such application
428	is made before the young adult's 21st birthday. If the young
429	adult does not apply for an initial award before his or her 18th
430	birthday, the department shall inform that young adult of the
431	opportunity to apply before turning 21 years of age.
432	c.  If funding for the program is available, the department
433	shall issue awards from the scholarship program for each young
434	adult who meets all the requirements of the program.
435	d.  An award shall be issued at the time the eligible
436	student reaches 18 years of age.
437	e.  A young adult who is eligible for the Road-to-
438	Independence Program and who so desires shall be allowed to
439	remain in the licensed foster family or group care provider with
440	whom he or she was residing at the time of attaining his or her
441	18th birthday.
442	f.e.  If the award recipient transfers from one eligible
443	institution to another and continues to meet eligibility
444	requirements, the award must be transferred with the recipient.
445	g.f.  Scholarship funds awarded to any eligible young adult
446	under this program are in addition to any other services
447	provided to the young adult by the department through its
448	independent living transition services.
449	h.g.  The department shall provide information concerning
450	young adults receiving the Road-to-Independence Scholarship to
451	the Department of Education for inclusion in the student
452	financial assistance database, as provided in s. 1009.94.
453	i.h.  Scholarship funds are intended to help eligible
454	students who are former foster children in this state to receive
455	the educational and vocational training needed to become
456	independent and self-supporting. Such funds shall be terminated
457	when the young adult has attained one of four postsecondary
458	goals pursuant to subsection (3) a bachelor of arts or bachelor
459	of science degree, or equivalent undergraduate degree, or
460	reaches 23 years of age, whichever occurs earlier. In order to
461	initiate postsecondary education, to allow for a change in
462	career goal, or to obtain additional skills in the same
463	educational or vocational area, a young adult may earn no more
464	than two diplomas, certificates, or credentials. A young adult
465	attaining an associate of arts or associate of science degree
466	shall be permitted to work towards completion of a bachelor of
467	arts or a bachelor of science degree or an equivalent
468	undergraduate degree. Road-to-Independence Scholarship funds
469	shall not be used for education or training after a young adult
470	has attained a bachelor of arts or a bachelor of science degree
471	or an equivalent undergraduate degree.
472	j.i.  The department shall evaluate and renew each award
473	annually during the 90-day period before the young adult's
474	birthday. In order to be eligible for a renewal award for the
475	subsequent year, the young adult must:
476	(I)  Complete the number of at least 12 semester hours, or
477	the equivalent considered full time by the educational
478	institution, in the last academic year in which the young adult
479	earned a scholarship, except for a young adult who meets the
480	requirements of s. 1009.41.
481	(II)  Maintain appropriate progress as required by the
482	educational institution the cumulative grade point average
483	required by the scholarship program, except that, if the young
484	adult's progress is grades are insufficient to renew the
485	scholarship at any time during the eligibility period, the young
486	adult may restore eligibility by improving his or her progress
487	the grade point average to the required level.
488	k.j.  Scholarship funds may be terminated during the
489	interim between an award and the evaluation for a renewal award
490	if the department determines that the award recipient is no
491	longer enrolled in an educational institution as defined in sub-
492	subparagraph 2.d., or is no longer a state resident. The
493	department shall notify a student who is terminated and inform
494	the student of his or her right to appeal.
495	l.k.  An award recipient who does not qualify for a renewal
496	award or who chooses not to renew the award may subsequently
497	apply for reinstatement. An application for reinstatement must
498	be made before the young adult reaches 23 years of age, and a
499	student may not apply for reinstatement more than once. In order
500	to be eligible for reinstatement, the young adult must meet the
501	eligibility criteria and the criteria for award renewal for the
502	scholarship program.
503	l.  A young adult receiving continued services of the
504	foster care program under former s. 409.145(3) must transfer to
505	the scholarship program by July 1, 2003.
506	(c)  Transitional support services.--
507	1.  In addition to any services provided through after care
508	support or the Road-to-Independence Scholarship, a young adult
509	formerly in foster care, may receive other appropriate short-
510	term services, which may include financial, housing, counseling,
511	employment, education and other services, if the young adult
512	demonstrates that the services are critical to the young adult's
513	own efforts to achieve self-sufficiency and to develop a
514	personal support system.
515	2.  A young adult formerly in foster care is eligible to
516	apply for transitional support services if he or she has reached
517	is 18 years of age but is not yet to 23 years of age, was a
518	dependent child pursuant to chapter 39, was living in licensed
519	foster care or in subsidized independent living at the time of
520	his or her 18th birthday, and had spent at least 6 months living
521	in foster care before that date.
522	3.  If at any time the services are no longer critical to
523	the young adult's own efforts to achieve self-sufficiency and to
524	develop a personal support system, they shall be terminated.
525	(d)  Payment of aftercare, scholarship, or transitional
526	support funds.--Payment of aftercare, scholarship, or
527	transitional support funds shall be made directly to the
528	recipient unless the recipient requests that the payments or a
529	portion of the payments be made directly to a licensed foster
530	family or group care provider with whom the recipient was
531	residing at the time of attaining the 18th birthday and with
532	whom the recipient desires to continue to reside. If a young
533	adult and the former foster parent agree that the young adult
534	shall continue to live in the foster home while receiving
535	aftercare, scholarship, or transitional support funds, the
536	caregiver shall establish written expectations for the young
537	adult's behavior and responsibilities. The young adult who
538	continues with a foster family shall not be included as a child
539	in calculating any licensing restriction on the number of
540	children in the foster home.
541	(e)  Appeals process.--
542	1.  The Department of Children and Family Services shall
543	adopt by rule a procedure by which a young adult may appeal an
544	eligibility determination or the department's failure to provide
545	aftercare, scholarship, or transitional support services, or the
546	termination of such services, if such funds are available.
547	2.  The procedure developed by the department must be
548	readily available to young adults, must provide timely
549	decisions, and must provide for an appeal to the Secretary of
550	Children and Family Services. The decision of the secretary
551	constitutes final agency action and is reviewable by the court
552	as provided in s. 120.68.
553	(6)  ACCOUNTABILITY.--The department shall develop outcome
554	measures for the program and other performance measures.
555	(7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL
556	WORKGROUP.--The Secretary of Children and Family Services shall
557	establish the Independent Living Services Advisory Council for
558	the purpose of reviewing and making recommendations concerning
559	the implementation and operation of the independent living
560	transition services. This advisory council shall continue to
561	function as specified in this subsection until the Legislature
562	determines that the advisory council can no longer provide a
563	valuable contribution to the department's efforts to achieve the
564	goals of the independent living transition services.
565	(a)  Specifically, the advisory council workgroup, which,
566	at a minimum, shall include representatives from the Department
567	of Children and Family Services, the Agency for Workforce
568	Innovation, the Department of Education, the Agency for Health
569	Care Administration, the State Youth Advisory Board, Workforce
570	Florida, Inc., and foster parents. The workgroup shall assess
571	the implementation and operation of the system of independent
572	living transition services and advise the department on actions
573	that would improve the ability of the independent living
574	transition services to meet the established goals. The advisory
575	council workgroup shall keep the department informed of problems
576	being experienced with the services, barriers to the effective
577	and efficient integration of services and support across
578	systems, and successes that the system of independent living
579	transition services has achieved. The department shall consider,
580	but is not required to implement, the recommendations of the
581	advisory council workgroup.
582	(b)  For the 2002-2003 and 2003-2004 fiscal years, The
583	advisory council workgroup shall report to the appropriate
584	substantive committees of the Senate and the House of
585	Representatives on the status of the implementation of the
586	system of independent living transition services; efforts to
587	publicize the availability of aftercare support services, the
588	Road-to-Independence Scholarship Program, and transitional
589	support services; specific barriers to financial aid created by
590	the scholarship and possible solutions; the success of the
591	services; problems identified; recommendations for department or
592	legislative action; and the department's implementation of the
593	recommendations contained in the Independent Living Services
594	Integration Workgroup Report submitted to the Senate and the
595	House substantive committees December 31, 2002.  This advisory
596	council workgroup report shall is to be submitted by December 31
597	of each year that the council is in existence December 31, 2003,
598	and December 31, 2004, and shall be accompanied by a report from
599	the department which identifies the recommendations of the
600	advisory council workgroup and either describes the department's
601	actions to implement these recommendations or provides the
602	department's rationale for not implementing the recommendations.
603	(c)  Members of the advisory council shall be appointed by
604	the secretary of the department. The membership of the advisory
605	council must include, at a minimum, representatives from the
606	headquarters and district offices of the Department of Children
607	and Family Services, community-based care lead agencies, the
608	Agency for Workforce Innovation, the Department of Education,
609	the Agency for Health Care Administration, the State Youth
610	Advisory Board, Workforce Florida, Inc., the Statewide Guardian
611	Ad Litem Office, foster parents, and advocates for foster
612	children. The secretary shall determine the length of the term
613	to be served by each member appointed to the advisory council,
614	which may not exceed 4 years.
615	(8)  PERSONAL PROPERTY.--Property acquired on behalf of
616	clients of this program shall become the personal property of
617	the clients and is not subject to the requirements of chapter
618	273 relating to state-owned tangible personal property. Such
619	property continues to be subject to applicable federal laws.
620	(9)  RULEMAKING.--The department shall adopt by rule
621	procedures to administer this section, including provision for
622	the proportional reduction of scholarship awards when adequate
623	funds are not available for all applicants. These rules shall
624	balance the goals of normalcy and safety for the youth and
625	provide the caregivers with as much flexibility as possible to
626	enable the youth to participate in normal life experiences. The
627	department shall engage in appropriate planning to prevent, to
628	the extent possible, a reduction in scholarship awards after
629	issuance.
630	Section 2.  Subsections (6) through (8) of section 39.701,
631	Florida Statutes, are renumbered as subsections (7) through (9),
632	respectively, present subsections (6) and (7) are amended, and a
633	new subsection (6) is added to said section, to read:
634	39.701  Judicial review.--
635	(6)(a)  In addition to the provisions of s. 39.701(1)(a)
636	and (2)(a), the court shall hold a judicial review hearing
637	within 90 days after a child's 17th birthday and shall continue
638	to hold timely judicial review hearings. In addition, the court
639	may review the status of the child more frequently during the
640	year prior to the child's 18th birthday if necessary. At each
641	review held pursuant to this subsection, in addition to any
642	information or report provided to the court, the foster parent,
643	legal custodian, guardian ad litem, and the child shall be given
644	the opportunity to address the court with any information
645	relevant to the child's best interests, particularly as it
646	relates to the provision of independent living transition
647	services. In addition to any information or report provided to
648	the court, the department shall include in its judicial review
649	social study report written verification that the child:
650	1.  Has been provided with a current Medicaid card.
651	2.  Has been provided with a certified copy of his or her
652	birth certificate and, if the child does not have a valid
653	driver's license, a Florida identification card issued pursuant
654	to s. 322.051.
655	3.  Has been provided information relating to Social
656	Security Insurance benefits if the child is eligible for such
657	benefits. If the child has received these benefits and they are
658	being held in trust for the child, a full accounting of those
659	funds shall be provided and the child must be informed about how
660	to access those funds.
661	4.  Has been provided with information and training related
662	to budgeting skills, interviewing skills, and parenting skills.
663	5.  Has been provided with all relevant information related
664	to the Road-to-Independence Scholarship, including, but not
665	limited to, eligibility requirements, forms necessary to apply,
666	and assistance in completing the forms.
667	6.  Has an open bank account, or has identification
668	necessary to open such an account, and has been provided with
669	essential banking skills.
670	7.  Has been provided with information on public assistance
671	and how to apply.
672	8.  Has been provided a clear understanding of where he or
673	she will be living on his or her 18th birthday, how living
674	expenses will be paid, and what educational program or school he
675	or she will be enrolled in.
676	(b)  At the first judicial review hearing held subsequent
677	to the child's 17th birthday, in addition to the requirements of
678	subsection (7), the department shall provide the court with an
679	updated case plan that includes specific information related to
680	independent living services that have been provided since the
681	child's 13th birthday, or since the date the child came into
682	foster care, whichever came later.
683	(c)  At the time of a judicial review hearing held pursuant
684	to this subsection, if, in the opinion of the court, the
685	department has not complied with its obligations as specified in
686	the written case plan or in the provision of independent living
687	services as required by s. 409.1451 and this subsection, the
688	court shall issue a show cause order. If cause is shown for
689	failure to comply, the court shall give the department 30 days
690	within which to comply and, on failure to comply with this or
691	any subsequent order, the department may be held in contempt.
692	(7)(6)(a)  Prior to every judicial review hearing or
693	citizen review panel hearing, the social service agency shall
694	make an investigation and social study concerning all pertinent
695	details relating to the child and shall furnish to the court or
696	citizen review panel a written report that includes, but is not
697	limited to:
698	1.  A description of the type of placement the child is in
699	at the time of the hearing, including the safety of the child
700	and the continuing necessity for and appropriateness of the
701	placement.
702	2.  Documentation of the diligent efforts made by all
703	parties to the case plan to comply with each applicable
704	provision of the plan.
705	3.  The amount of fees assessed and collected during the
706	period of time being reported.
707	4.  The services provided to the foster family or legal
708	custodian in an effort to address the needs of the child as
709	indicated in the case plan.
710	5.  A statement that either:
711	a.  The parent, though able to do so, did not comply
712	substantially with the provisions of the case plan, and the
713	agency recommendations;
714	b.  The parent did substantially comply with the provisions
715	of the case plan; or
716	c.  The parent has partially complied with the provisions
717	of the case plan, with a summary of additional progress needed
718	and the agency recommendations.
719	6.  A statement from the foster parent or legal custodian
720	providing any material evidence concerning the return of the
721	child to the parent or parents.
722	7.  A statement concerning the frequency, duration, and
723	results of the parent-child visitation, if any, and the agency
724	recommendations for an expansion or restriction of future
725	visitation.
726	8.  The number of times a child has been removed from his
727	or her home and placed elsewhere, the number and types of
728	placements that have occurred, and the reason for the changes in
729	placement.
730	9.  The number of times a child's educational placement has
731	been changed, the number and types of educational placements
732	which have occurred, and the reason for any change in placement.
733	10.  If the child has reached 13 years of age but is not
734	yet 18 years of age, the results of the preindependent-living,
735	life-skills, or independent-living assessment, the specific
736	services needed, and the status of the delivery of the
737	identified services.
738	11.10.  Copies of all medical, psychological, and
739	educational records that support the terms of the case plan and
740	that have been produced concerning the child, parents, or any
741	caregiver since the last judicial review hearing.
742	(b)  A copy of the social service agency's written report
743	and the written report of the guardian ad litem must be served
744	on all parties whose whereabouts are known; to the foster
745	parents or legal custodians; and to the citizen review panel, at
746	least 72 hours before the judicial review hearing or citizen
747	review panel hearing. The requirement for providing parents with
748	a copy of the written report does not apply to those parents who
749	have voluntarily surrendered their child for adoption or who
750	have had their parental rights to the child terminated.
751	(c)  In a case in which the child has been permanently
752	placed with the social service agency, the agency shall furnish
753	to the court a written report concerning the progress being made
754	to place the child for adoption. If the child cannot be placed
755	for adoption, a report on the progress made by the child towards
756	alternative permanency goals or placements, including, but not
757	limited to, guardianship, long-term custody, long-term licensed
758	custody, or independent living, must be submitted to the court.
759	The report must be submitted to the court at least 72 hours
760	before each scheduled judicial review.
761	(d)  In addition to or in lieu of any written statement
762	provided to the court, the foster parent or legal custodian, or
763	any preadoptive parent, shall be given the opportunity to
764	address the court with any information relevant to the best
765	interests of the child at any judicial review hearing.
766	(8)(7)  The court and any citizen review panel shall take
767	into consideration the information contained in the social
768	services study and investigation and all medical, psychological,
769	and educational records that support the terms of the case plan;
770	testimony by the social services agency, the parent, the foster
771	parent or legal custodian, the guardian ad litem if one has been
772	appointed for the child, and any other person deemed
773	appropriate; and any relevant and material evidence submitted to
774	the court, including written and oral reports to the extent of
775	their probative value. These reports and evidence may be
776	received by the court in its effort to determine the action to
777	be taken with regard to the child and may be relied upon to the
778	extent of their probative value, even though not competent in an
779	adjudicatory hearing. In its deliberations, the court and any
780	citizen review panel shall seek to determine:
781	(j)  For a child who has reached 13 years of age but is not
782	yet 18 years of age, the adequacy of the child's preparation for
783	adulthood and independent living.
784	Section 3.  Paragraph (c) of subsection (2) of section
785	1009.25, Florida Statutes, is amended to read:
786	1009.25  Fee exemptions.--
787	(2)  The following students are exempt from the payment of
788	tuition and fees, including lab fees, at a school district that
789	provides postsecondary career and technical programs, community
790	college, or state university:
791	(c)  A student who to whom the state has determined is
792	eligible for the awarded a Road-to-Independence Scholarship,
793	regardless of whether an award is issued or not, or a student
794	who is or was at the time he or she reached 18 years of age in
795	the custody of a relative under s. 39.5085, or who is adopted
796	from the Department of Children and Family Services after May 5,
797	1997. Such exemption includes fees associated with enrollment in
798	vocational-preparatory instruction and completion of the
799	college-level communication and computation skills testing
800	program. Such an exemption is available to any student who was
801	in the custody of a relative under s. 39.5085 at the time he or
802	she reached 18 years of age or was adopted from the Department
803	of Children and Family Services after May 5, 1997; however, the
804	exemption remains valid for no more than 4 years after the date
805	of graduation from high school.
806	Section 4.  Pursuant to s. 11.45(2), Florida Statutes, the
807	Auditor General shall perform both an operational audit and a
808	performance audit, as defined in s. 11.45(1), Florida Statutes,
809	of the independent living transition services program within the
810	Department of Children and Family Services and shall submit a
811	report to the Governor, the President of the Senate, the Speaker
812	of the House of Representatives, the Secretary of Children and
813	Family Services, and the appropriate substantive committees of
814	the Senate and the House of Representatives no later than
815	February 28, 2005.
816	Section 5.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.