HB 1981

1
A bill to be entitled
2An act relating to independent living transition services;
3amending s. 409.1451, F.S.; authorizing community-based
4providers to administer an independent living transition
5services system; providing legislative intent regarding
6assistance to older children in foster care; requiring the
7Department of Children and Family Services to provide certain
8skills assessment and training to such children; providing
9guidelines to develop such training; providing certain
10educational goals; revising provisions governing a young adult's
11preparation for independent living; requiring the department to
12conduct an assessment and inform the child of certain
13scholarships, grants, and awards; providing that such assessment
14be included in a certain report during judicial review; removing
15life skills activities guidelines for young adults who were
16formerly in foster care; revising aftercare services; providing
17a limitation on the amount of an award; providing additional
18qualifications to receive the award; providing that a young
19adult who is eligible to receive such award may remain with the
20foster family or group care provider beyond his or her age of
21majority; providing a limitation on the number of diplomas,
22certificates, or the equivalent an award recipient may receive;
23revising payment options for aftercare, scholarship, or
24transitional support funds; abolishing the independent living
25services workgroup; creating the Independent Living Services
26Advisory Council; providing duties and responsibilities;
27requiring an annual report; providing membership criteria;
28revising the department's rulemaking authority; amending s.
2939.701, F.S.; requiring a judicial review hearing within a
30certain timeframe for each child in foster care; requiring that
31the court certify that such child has received certain
32information; providing that the department may be held in
33contempt; requiring that information from the preindependent
34living assessment be provided to the courts; requiring the court
35to determine the child's preparation for independence; amending
36s. 1009.25, F.S.; revising requirements specifying the students
37who are exempt from paying tuition and fees; requiring the
38Auditor General to perform an audit of program and submit a
39report; requiring the Office of Program Policy and Government
40Accountability to develop recommendations and summit a report;
41providing an effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Section 409.1451, Florida Statutes, is amended
46to read:
47     409.1451  Independent living transition services.--
48     (1)  SYSTEM OF SERVICES.--
49     (a)  The Department of Children and Family Services, or its
50agents, or community-based providers operating pursuant to s.
51409.1671 shall administer a system of independent living
52transition services to enable older children in foster care and
53young adults who exit foster care at age 18 to make the
54transition to self-sufficiency as adults.
55     (b)  The goals of independent living transition services
56are to assist older children in foster care and young adults who
57were formerly in foster care to obtain life skills and education
58for independent living and employment, to have a quality of life
59appropriate for their age, and to assume personal responsibility
60for becoming self-sufficient adults.
61     (c)  State funds for foster care or federal funds shall be
62used to establish a continuum of services for eligible children
63in foster care and eligible young adults who were formerly in
64foster care which accomplish the goals for the system of
65independent living transition services by providing and provide
66the service components for services for foster children,
67pursuant to as provided in subsection (4) (3), and services for
68young adults who were formerly in foster care, pursuant to as
69provided in subsection (5).
70     (d)  For children in foster care, independent living
71transition services are not an alternative to adoption.
72Independent living transition services may occur concurrently
73with continued efforts to locate and achieve placement in
74adoptive families for older children in foster care.
75     (2)  ELIGIBILITY.--
76     (a)  The department shall serve children who have reached
77are 13 years of age but are not yet to 18 years of age and who
78are in foster care by providing services pursuant to through the
79program component of services for foster children provided in
80subsection (4) (3). Children to be served must meet the
81eligibility requirements set forth for specific services as
82provided in this section and through department rule.
83     (b)  The department shall serve young adults who have
84reached are 18 years of age but are not yet to 23 years of age
85and who were in foster care when they turned 18 years of age by
86providing services pursuant to through the program component of
87services for young adults who were formerly in foster care in
88subsection (5). Young adults Children to be served must meet the
89eligibility requirements set forth for specific services in this
90section and through department rule.
91     (3)  PREPARATION FOR INDEPENDENT LIVING.--
92     (a)  It is the intent of the Legislature for the Department
93of Children and Family Services to assist older children in
94foster care and young adults who exit foster care at age 18 in
95making the transition to independent living and self-sufficiency
96as adults. The department shall provide such children and young
97adults with opportunities to participate in life skills
98activities in their foster families and communities which are
99reasonable and appropriate for their respective ages, and shall
100provide them with services to build the skills and increase
101their ability to live independently and become self-sufficient.
102To support the provision of opportunities for participation in
103age-appropriate life skills activities, the department shall:
104     1.  Develop a list of age-appropriate activities and
105responsibilities to be offered to all children involved in
106independent living transition services and their foster parents.
107     2.  Provide training for staff and foster parents to
108address the issues of older children in foster care in
109transitioning to adulthood, which shall include information on
110supporting education and employment and providing opportunities
111to participate in appropriate daily activities.
112     3.  Develop procedures to maximize the authority of foster
113parents to approve participation in age-appropriate activities
114of children in their care.
115     4.  Provide opportunities for older children in foster care
116to interact with mentors.
117     5.  Develop and implement procedures for older children to
118directly access and manage the personal allowance they receive
119from the department in order to learn responsibility and
120participate in age-appropriate life skills activities to the
121extent feasible.
122     (b)  It is further the intent of the Legislature that each
123child in foster care, his or her foster parents, if applicable,
124and the department or community-based provider set early
125achievement and career goals for the child's postsecondary
126educational and work experience. The department and community-
127based providers shall implement the model set forth in this
128paragraph to help ensure that children in foster care are ready
129for postsecondary education and the workplace.
130     1.  Children in foster care entering the ninth grade, their
131foster parents, and the department or community-based provider
132shall be active participants in choosing a post-high school goal
133based upon both the abilities and interests of each child. The
134goal shall accommodate the needs of children served in
135exceptional education programs to the extent appropriate for
136each individual. Such children may continue to follow the
137courses outlined in the district school board student
138progression plan. Children in foster care, with the assistance
139of their foster parents, and the department or community-based
140provider shall choose one of the following postsecondary goals:
141     a.  Attending a 4-year college or university, a community
142college plus university, or a military academy;
143     b.  Receiving a 2-year postsecondary degree;
144     c.  Attaining a postsecondary career and technical
145certificate or credential; or
146     d.  Beginning immediate employment after completion of a
147high school diploma or its equivalent, or enlisting in the
148military.
149     2.  In order to assist the child in foster care in
150achieving his or her chosen goal, the department or community-
151based provider shall, with the participation of the child and
152foster parents, identify:
153     a.  The core courses necessary to qualify for a chosen
154goal.
155     b.  Any elective courses which would provide additional
156help in reaching a chosen goal.
157     c.  The grade point requirement and any additional
158information necessary to achieve a specific goal.
159     d.  A teacher, other school staff member, employee of the
160department or community-based care provider, or community
161volunteer who would be willing to work with the child as an
162academic advocate or mentor if foster parent involvement is
163insufficient or unavailable.
164     3.  In order to complement educational goals, the
165department and community-based providers are encouraged to form
166partnerships with the business community to support internships,
167apprenticeships, or other work-related opportunities.
168     4.  The department and community-based providers shall
169ensure that children in foster care and their foster parents are
170made aware of the postsecondary goals available and shall assist
171in identifying the coursework necessary to enable the child to
172reach the chosen goal.
173(c)  All children in foster care and young adults formerly
174in foster care are encouraged to take part in learning
175opportunities that result from participation in community
176service activities.
177(d)  Children in foster care and young adults formerly in
178foster care shall be provided with the opportunity to change
179from one postsecondary goal to another, and each postsecondary
180goal shall allow for changes in each individual's needs and
181preferences. Any change, particularly a change that will result
182in additional time required to achieve a goal, shall be made
183with the guidance and assistance of the department or community-
184based provider.
185     (4)(3)  PROGRAM COMPONENT OF SERVICES FOR FOSTER CHILDREN
186IN FOSTER CARE.--The department shall provide the following
187transition to independence services to children in foster care
188who meet prescribed conditions and are determined eligible by
189the department. The service categories available to children in
190foster care which facilitate successful transition into
191adulthood are:
192     (a)  Preindependent-living services.--
193     1.  Preindependent-living services include, but are not
194limited to, life skills training, educational field trips, and
195conferences. The specific services to be provided to a child
196shall be determined using a preindependent-living assessment.
197     2.  A child who has reached 13 years of age but is not yet
198to 15 years of age who is in foster care is eligible for such
199services.
200     3.  The department shall conduct an annual staffing for
201each child who has reached 13 years of age but is not yet 15
202years of age to ensure that the preindependent-living training
203and services to be provided as determined by the preindependent-
204living assessment are being received and to evaluate the
205progress of the child in developing the needed independent
206living skills.
2074.  At the first annual staffing that occurs following a
208child's 14th birthday, and at each subsequent staffing, the
209department shall provide to each child detailed information on
210services provided by the Road-to-Independence Scholarship
211Program, including requirements for eligibility; on other
212grants, scholarships, and waivers that are available and should
213be sought by the child with assistance from the department,
214including, but not limited to, the Bright Futures Scholarship
215Program, as provided in ss. 1009.53-1009.538; on application
216deadlines; and on grade requirements for such programs.
2175.  Information related to both the preindependent-living
218assessment and all staffings, which shall be reduced to writing
219and signed by the child participant, shall be included as a part
220of the written report required to be provided to the court at
221each judicial review held pursuant to s. 39.701.
222     (b)  Life skills services.--
223     1.  Life skills services may include, but are not limited
224to, independent living skills training, including training to
225develop banking and budgeting skills, interviewing skills,
226parenting skills, educational support, employment training, and
227counseling. Children receiving these services should also be
228provided with information related to social security insurance
229benefits and public assistance. The specific services to be
230provided to a child shall be determined using an independent
231life skills assessment.
232     2.  A child who has reached 15 years of age but is not yet
233to 18 years of age who is in foster care is eligible for such
234services.
235     3.  The department shall conduct a staffing at least once
236every 6 months for each child who has reached 15 years of age
237but is not yet 18 years of age to ensure that the appropriate
238independent living training and services as determined by the
239independent life skills assessment are being received and to
240evaluate the progress of the child in developing the needed
241independent living skills.
242     4.  The department shall provide to each child in foster
243care during the calendar month following the child's 17th
244birthday an independent-living assessment to determine the
245child's skills and abilities to live independently and become
246self-sufficient. Based on the results of the independent-living
247assessment, services and training shall be provided in order for
248the child to develop the necessary skills and abilities prior to
249the child's 18th birthday.
250     5.  Information related to both the independent life skills
251assessment and all staffings, which shall be reduced to writing
252and signed by the child participant, shall be included as a part
253of the written report required to be provided to the court at
254each judicial review held pursuant to s. 39.701.
255     (c)  Subsidized independent living services.--
256     1.  Subsidized independent living services are living
257arrangements that allow the child to live independently of the
258daily care and supervision of an adult in a setting that is not
259required to be licensed under s. 409.175.
260     2.  A child who has reached 16 years of age but is not yet
261to 18 years of age is eligible for such services if he or she:
262     a.  Is adjudicated dependent under chapter 39; has been
263placed in licensed out-of-home care for at least 6 months prior
264to entering subsidized independent living; and has a permanency
265goal of adoption, independent living, or long-term licensed
266care; and
267     b.  Is able to demonstrate independent living skills, as
268determined by the department, using established procedures and
269assessments.
270     3.  Independent living arrangements established for a child
271must be part of an overall plan leading to the total
272independence of the child from the department's supervision. The
273plan must include, but need not be limited to, a description of
274the skills of the child and a plan for learning additional
275identified skills; the behavior that the child has exhibited
276which indicates an ability to be responsible and a plan for
277developing additional responsibilities, as appropriate; a plan
278for future educational, vocational, and training skills; present
279financial and budgeting capabilities and a plan for improving
280resources and ability; a description of the proposed residence;
281documentation that the child understands the specific
282consequences of his or her conduct in the independent living
283program; documentation of proposed services to be provided by
284the department and other agencies, including the type of service
285and the nature and frequency of contact; and a plan for
286maintaining or developing relationships with the family, other
287adults, friends, and the community, as appropriate.
288     4.  Subsidy payments in an amount established by the
289department may be made directly to a child under the direct
290supervision of a caseworker or other responsible adult approved
291by the department.
292     (4)  PARTICIPATION IN LIFE SKILLS ACTIVITIES.--In order to
293assist older children in foster care, ages 13 to 18 years of
294age, with the transition to independent living as adults, the
295program must provide them with opportunities to participate in
296and learn from life skills activities in their foster families
297and communities which are reasonable and appropriate for their
298age. Such activities may include, but are not limited to,
299managing money earned from a job, taking driver's education, and
300participating in after-school or extracurricular activities.
301 To support these opportunities for participation in age-
302appropriate life skills activities, the department may:
303     (a)  Develop, with children in the program and their foster
304parents, a list of age-appropriate activities and
305responsibilities to be presented to all children involved in
306independent living transition services and their foster parents.
307     (b)  Provide training for staff and foster parents which
308addresses issues of older children in foster care and the
309transition to adulthood, including supporting education and
310employment and providing opportunities to participate in
311appropriate daily activities.
312     (c)  Develop procedures to maximize the authority of foster
313parents to approve participation in age-appropriate activities
314of children in their care.
315     (d)  Provide opportunities for older children in foster
316care to interact with mentors.
317     (e)  Develop and implement procedures for older children to
318directly access and manage the personal allowance they receive
319from the department in order to learn responsibility and
320participate in age-appropriate life skills activities to the
321extent feasible.
322     (5)  PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS
323FORMERLY IN FOSTER CARE.--Based on the availability of funds,
324the department shall provide or arrange for the following
325services to young adults formerly in foster care who meet the
326prescribed conditions and are determined eligible by the
327department. The categories of services available to assist a
328young adult formerly in foster care to achieve independence are:
329     (a)  Aftercare support services.--
330     1.  Aftercare support services are available to assist
331young adults who were formerly in foster care in their efforts
332to continue to develop the skills and abilities necessary for
333independent living. The aftercare support services available
334include, but are not limited to, the following referrals to
335resources 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
339preventive health activities.
340     d.  Parenting classes.
341     e.  Job skills training.
342     f.  Counselor consultations.
343     g.  Temporary financial assistance.
344
345The specific services to be provided under this subparagraph
346shall be determined by an aftercare services assessment and may
347be provided by the department or through referrals in the
348community. Temporary assistance may be provided to prevent
349homelessness shall be provided as expeditiously as possible and
350within the limitations defined by the department.
351     2.  A young adult who has reached 18 years of age but is
352not yet to 23 years of age who leaves foster care at 18 years of
353age but who requests services prior to reaching 23 years of age
354is eligible for such services.
355     (b)  Road-to-Independence Scholarship Program.--
356     1.  The Road-to-Independence Scholarship Program is
357intended to help eligible students who are former foster
358children in this state to receive the educational and vocational
359training needed to achieve independence. The amount of the award
360shall be based on the living and educational needs of the young
361adult and may be up to, but shall not exceed equal the amount of
362earnings that the student would have been eligible to earn
363working a 40-hour-a-week federal minimum wage job, after
364considering other grants and scholarships that are in excess of
365the educational institutions' fees and costs, and contingent
366upon available funds. Students eligible for the Road-to-
367Independence Scholarship Program may also be eligible for
368educational fee waivers for workforce development postsecondary
369programs, community colleges, and universities, pursuant to s.
3701009.25(2)(c).
371     2.  A young adult who has reached 18 years of age but is
372not yet to 21 years of age is eligible for the initial award,
373and a young adult under 23 years of age is eligible for renewal
374awards, if he or she:
375     a.  Was Is a dependent child, pursuant to chapter 39, and
376was is living in licensed foster care or in subsidized
377independent living at the time of his or her 18th birthday;
378     b.  Has Spent at least 6 months living in foster care
379before reaching his or her 18th birthday;
380     c.  Is a resident of this state as defined in s. 1009.40;
381and
382     d.  Meets one of the following qualifications:
383     (I)  Has earned a standard high school diploma or its
384equivalent as described in s. 1003.43 or s. 1003.435, or has
385earned a special diploma or special certificate of completion as
386described in s. 1003.438, and has been admitted for full-time
387enrollment in an eligible postsecondary education institution as
388defined in s. 1009.533;
389     (II)  Is enrolled full time in an accredited high school,
390is within 2 years of graduation, and has maintained a grade
391point average of at least 2.0 on a scale of 4.0 for the two
392semesters preceding the date of his or her 18th birthday; or
393     (III)  Is enrolled full time in an accredited adult
394education program designed to provide the student with a high
395school diploma or its equivalent, is making satisfactory
396progress in that program as certified by the program, and is
397within 2 years of graduation.
398     3.  A young adult applying for a Road-to-Independence
399Scholarship must apply for any other grants and scholarships for
400which he or she may qualify. The department shall assist the
401young adult in the application process and may use the federal
402financial aid grant process to determine the funding needs of
403the young adult.
404     4.  The amount of the award, whether it is being used by a
405young adult working towards completion of a high school diploma
406or its equivalent or working towards completion of a
407postsecondary education program, shall be determined based on an
408assessment of the funding needs of the young adult. This
409assessment shall consider the young adult's living and
410educational costs and other grants, scholarships, waivers,
411earnings, and other income to be received by the young adult. An
412award shall be available only to the extent that other grants
413and scholarships are not sufficient to meet the living and
414educational needs of the young adult, but an award shall not be
415less than $25 in order to maintain Medicaid eligibility for the
416young adult as provided in s. 409.903.
417     5.3.a.  The department must advertise the availability of
418the program and must ensure that the children and young adults
419leaving foster care, foster parents, or family services
420counselors are informed of the availability of the program and
421the application procedures.
422     b.  A young adult must apply for the initial award during
423the 6 months immediately preceding his or her 18th birthday and
424the department shall provide assistance with the application
425process. A young adult who fails to make an initial application,
426but who otherwise meets the criteria for an initial award, may
427make one application for the initial award if such application
428is made before the young adult's 21st birthday. If the young
429adult does not apply for an initial award before his or her 18th
430birthday, the department shall inform that young adult of the
431opportunity to apply before turning 21 years of age.
432     c.  If funding for the program is available, the department
433shall issue awards from the scholarship program for each young
434adult who meets all the requirements of the program.
435     d.  An award shall be issued at the time the eligible
436student reaches 18 years of age.
437     e.  A young adult who is eligible for the Road-to-
438Independence Program and who so desires shall be allowed to
439remain in the licensed foster family or group care provider with
440whom he or she was residing at the time of attaining his or her
44118th birthday.
442     f.e.  If the award recipient transfers from one eligible
443institution to another and continues to meet eligibility
444requirements, the award must be transferred with the recipient.
445     g.f.  Scholarship funds awarded to any eligible young adult
446under this program are in addition to any other services
447provided to the young adult by the department through its
448independent living transition services.
449     h.g.  The department shall provide information concerning
450young adults receiving the Road-to-Independence Scholarship to
451the Department of Education for inclusion in the student
452financial assistance database, as provided in s. 1009.94.
453     i.h.  Scholarship funds are intended to help eligible
454students who are former foster children in this state to receive
455the educational and vocational training needed to become
456independent and self-supporting. Such funds shall be terminated
457when the young adult has attained one of four postsecondary
458goals pursuant to subsection (3) a bachelor of arts or bachelor
459of science degree, or equivalent undergraduate degree, or
460reaches 23 years of age, whichever occurs earlier. In order to
461initiate postsecondary education, to allow for a change in
462career goal, or to obtain additional skills in the same
463educational or vocational area, a young adult may earn no more
464than two diplomas, certificates, or credentials. A young adult
465attaining an associate of arts or associate of science degree
466shall be permitted to work towards completion of a bachelor of
467arts or a bachelor of science degree or an equivalent
468undergraduate degree. Road-to-Independence Scholarship funds
469shall not be used for education or training after a young adult
470has attained a bachelor of arts or a bachelor of science degree
471or an equivalent undergraduate degree.
472     j.i.  The department shall evaluate and renew each award
473annually during the 90-day period before the young adult's
474birthday. In order to be eligible for a renewal award for the
475subsequent year, the young adult must:
476     (I)  Complete the number of at least 12 semester hours, or
477the equivalent considered full time by the educational
478institution, in the last academic year in which the young adult
479earned a scholarship, except for a young adult who meets the
480requirements of s. 1009.41.
481     (II)  Maintain appropriate progress as required by the
482educational institution the cumulative grade point average
483required by the scholarship program, except that, if the young
484adult's progress is grades are insufficient to renew the
485scholarship at any time during the eligibility period, the young
486adult may restore eligibility by improving his or her progress
487the grade point average to the required level.
488     k.j.  Scholarship funds may be terminated during the
489interim between an award and the evaluation for a renewal award
490if the department determines that the award recipient is no
491longer enrolled in an educational institution as defined in sub-
492subparagraph 2.d., or is no longer a state resident. The
493department shall notify a student who is terminated and inform
494the student of his or her right to appeal.
495     l.k.  An award recipient who does not qualify for a renewal
496award or who chooses not to renew the award may subsequently
497apply for reinstatement. An application for reinstatement must
498be made before the young adult reaches 23 years of age, and a
499student may not apply for reinstatement more than once. In order
500to be eligible for reinstatement, the young adult must meet the
501eligibility criteria and the criteria for award renewal for the
502scholarship program.
503     l.  A young adult receiving continued services of the
504foster care program under former s. 409.145(3) must transfer to
505the scholarship program by July 1, 2003.
506     (c)  Transitional support services.--
507     1.  In addition to any services provided through after care
508support or the Road-to-Independence Scholarship, a young adult
509formerly in foster care, may receive other appropriate short-
510term services, which may include financial, housing, counseling,
511employment, education, mental health, disability, and other
512services, if the young adult demonstrates that the services are
513critical to the young adult's own efforts to achieve self-
514sufficiency and to develop a personal support system.
515     2.  A young adult formerly in foster care is eligible to
516apply for transitional support services if he or she has reached
517is 18 years of age but is not yet to 23 years of age, was a
518dependent child pursuant to chapter 39, was living in licensed
519foster care or in subsidized independent living at the time of
520his or her 18th birthday, and had spent at least 6 months living
521in foster care before that date.
522     3.  If at any time the services are no longer critical to
523the young adult's own efforts to achieve self-sufficiency and to
524develop a personal support system, they shall be terminated.
525     (d)  Payment of aftercare, scholarship, or transitional
526support funds.--Payment of aftercare, scholarship, or
527transitional support funds shall be made directly to the
528recipient unless the recipient requests in writing to the
529community-based care lead agency, or the department, that the
530payments or a portion of the payments be made directly on their
531behalf in order to secure services such as housing, counseling,
532education or employment training as part of the young adult's
533adult's own efforts to achieve self-sufficiency that the
534payments or a portion of the payments be made directly to a
535licensed foster family or group care provider with whom the
536recipient was residing at the time of attaining the 18th
537birthday and with whom the recipient desires to continue to
538reside. If a young
539adult and the former foster parent agree that the young adult
540shall continue to live in the foster home while receiving
541aftercare, scholarship, or transitional support funds, the
542caregiver shall establish written expectations for the young
543adult's behavior and responsibilities. The young adult who
544continues with a foster family shall not be included as a child
545in calculating any licensing restriction on the number of
546children in the foster home.
547     (e)  Appeals process.--
548     1.  The Department of Children and Family Services shall
549adopt by rule a procedure by which a young adult may appeal an
550eligibility determination or the department's failure to provide
551aftercare, scholarship, or transitional support services, or the
552termination of such services, if such funds are available.
553     2.  The procedure developed by the department must be
554readily available to young adults, must provide timely
555decisions, and must provide for an appeal to the Secretary of
556Children and Family Services. The decision of the secretary
557constitutes final agency action and is reviewable by the court
558as provided in s. 120.68.
559     (6)  ACCOUNTABILITY.--The department shall develop outcome
560measures for the program and other performance measures.
561     (7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL
562WORKGROUP.--The Secretary of Children and Family Services shall
563establish the Independent Living Services Advisory Council for
564the purpose of reviewing and making recommendations concerning
565the implementation and operation of the independent living
566transition services. This advisory council shall continue to
567function as specified in this subsection until the Legislature
568determines that the advisory council can no longer provide a
569valuable contribution to the department's efforts to achieve the
570goals of the independent living transition services.
571     (a)  Specifically, the advisory council workgroup, which,
572at a minimum, shall include representatives from the Department
573of Children and Family Services, the Agency for Workforce
574Innovation, the Department of Education, the Agency for Health
575Care Administration, the State Youth Advisory Board, Workforce
576Florida, Inc., and foster parents. The workgroup shall assess
577the implementation and operation of the system of independent
578living transition services and advise the department on actions
579that would improve the ability of the independent living
580transition services to meet the established goals. The advisory
581council workgroup shall keep the department informed of problems
582being experienced with the services, barriers to the effective
583and efficient integration of services and support across
584systems, and successes that the system of independent living
585transition services has achieved. The department shall consider,
586but is not required to implement, the recommendations of the
587advisory council workgroup.
588     (b)  For the 2002-2003 and 2003-2004 fiscal years, The
589advisory council workgroup shall report to the appropriate
590substantive committees of the Senate and the House of
591Representatives on the status of the implementation of the
592system of independent living transition services; efforts to
593publicize the availability of aftercare support services, the
594Road-to-Independence Scholarship Program, and transitional
595support services; specific barriers to financial aid created by
596the scholarship and possible solutions; the success of the
597services; problems identified; recommendations for department or
598legislative action; and the department's implementation of the
599recommendations contained in the Independent Living Services
600Integration Workgroup Report submitted to the Senate and the
601House substantive committees December 31, 2002.  This advisory
602council workgroup report shall is to be submitted by December 31
603of each year that the council is in existence December 31, 2003,
604and December 31, 2004, and shall be accompanied by a report from
605the department which identifies the recommendations of the
606advisory council workgroup and either describes the department's
607actions to implement these recommendations or provides the
608department's rationale for not implementing the recommendations.
609     (c)  Members of the advisory council shall be appointed by
610the secretary of the department. The membership of the advisory
611council must include, at a minimum, representatives from the
612headquarters and district offices of the Department of Children
613and Family Services, community-based care lead agencies, the
614Agency for Workforce Innovation, the Department of Education,
615the Agency for Health Care Administration, the State Youth
616Advisory Board, Workforce Florida, Inc., the Statewide Guardian
617Ad Litem Office, foster parents, and advocates for foster
618children. The secretary shall determine the length of the term
619to be served by each member appointed to the advisory council,
620which may not exceed 4 years.
621     (8)  PERSONAL PROPERTY.--Property acquired on behalf of
622clients of this program shall become the personal property of
623the clients and is not subject to the requirements of chapter
624273 relating to state-owned tangible personal property. Such
625property continues to be subject to applicable federal laws.
626     (9)  RULEMAKING.--The department shall adopt by rule
627procedures to administer this section, including balancing
628provision for the proportional reduction of scholarship awards
629when adequate funds are not available for all applicants. These
630rules shall balance the goals of normalcy and safety for the
631youth and providing provide the caregivers with as much
632flexibility as possible to enable the youth to participate in
633normal life experiences. The department shall not adopt rules
634relating to reductions in scholarship awards. The department
635shall engage in appropriate planning to prevent, to the extent
636possible, a reduction in scholarship awards after issuance.
637     Section 2.  Subsections (6) through (8) of section 39.701,
638Florida Statutes, are renumbered as subsections (7) through (9),
639respectively, present subsections (6) and (7) are amended, and a
640new subsection (6) is added to said section, to read:
641     39.701  Judicial review.--
642     (6)(a)  In addition to the provisions of s. 39.701(1)(a)
643and (2)(a), the court shall hold a judicial review hearing
644within 90 days after a child's 17th birthday and shall continue
645to hold timely judicial review hearings. In addition, the court
646may review the status of the child more frequently during the
647year prior to the child's 18th birthday if necessary. At each
648review held pursuant to this subsection, in addition to any
649information or report provided to the court, the foster parent,
650legal custodian, guardian ad litem, and the child shall be given
651the opportunity to address the court with any information
652relevant to the child's best interests, particularly as it
653relates to the provision of independent living transition
654services. In addition to any information or report provided to
655the court, the department shall include in its judicial review
656social study report written verification that the child:
657     1.  Has been provided with a current Medicaid card.
658     2.  Has been provided with a certified copy of his or her
659birth certificate and, if the child does not have a valid
660driver's license, a Florida identification card issued pursuant
661to s. 322.051.
662     3.  Has been provided information relating to Social
663Security Insurance benefits if the child is eligible for such
664benefits. If the child has received these benefits and they are
665being held in trust for the child, a full accounting of those
666funds shall be provided and the child must be informed about how
667to access those funds.
668     4.  Has been provided with information and training related
669to budgeting skills, interviewing skills, and parenting skills.
670     5.  Has been provided with all relevant information related
671to the Road-to-Independence Scholarship, including, but not
672limited to, eligibility requirements, forms necessary to apply,
673and assistance in completing the forms.
674     6.  Has an open bank account, or has identification
675necessary to open such an account, and has been provided with
676essential banking skills.
677     7.  Has been provided with information on public assistance
678and how to apply.
679     8.  Has been provided a clear understanding of where he or
680she will be living on his or her 18th birthday, how living
681expenses will be paid, and what educational program or school he
682or she will be enrolled in.
683     (b)  At the first judicial review hearing held subsequent
684to the child's 17th birthday, in addition to the requirements of
685subsection (7), the department shall provide the court with an
686updated case plan that includes specific information related to
687independent living services that have been provided since the
688child's 13th birthday, or since the date the child came into
689foster care, whichever came later.
690     (c)  At the time of a judicial review hearing held pursuant
691to this subsection, if, in the opinion of the court, the
692department has not complied with its obligations as specified in
693the written case plan or in the provision of independent living
694services as required by s. 409.1451 and this subsection, the
695court shall issue a show cause order. If cause is shown for
696failure to comply, the court shall give the department 30 days
697within which to comply and, on failure to comply with this or
698any subsequent order, the department may be held in contempt.
699     (7)(6)(a)  Prior to every judicial review hearing or
700citizen review panel hearing, the social service agency shall
701make an investigation and social study concerning all pertinent
702details relating to the child and shall furnish to the court or
703citizen review panel a written report that includes, but is not
704limited to:
705     1.  A description of the type of placement the child is in
706at the time of the hearing, including the safety of the child
707and the continuing necessity for and appropriateness of the
708placement.
709     2.  Documentation of the diligent efforts made by all
710parties to the case plan to comply with each applicable
711provision of the plan.
712     3.  The amount of fees assessed and collected during the
713period of time being reported.
714     4.  The services provided to the foster family or legal
715custodian in an effort to address the needs of the child as
716indicated in the case plan.
717     5.  A statement that either:
718     a.  The parent, though able to do so, did not comply
719substantially with the provisions of the case plan, and the
720agency recommendations;
721     b.  The parent did substantially comply with the provisions
722of the case plan; or
723     c.  The parent has partially complied with the provisions
724of the case plan, with a summary of additional progress needed
725and the agency recommendations.
726     6.  A statement from the foster parent or legal custodian
727providing any material evidence concerning the return of the
728child to the parent or parents.
729     7.  A statement concerning the frequency, duration, and
730results of the parent-child visitation, if any, and the agency
731recommendations for an expansion or restriction of future
732visitation.
733     8.  The number of times a child has been removed from his
734or her home and placed elsewhere, the number and types of
735placements that have occurred, and the reason for the changes in
736placement.
737     9.  The number of times a child's educational placement has
738been changed, the number and types of educational placements
739which have occurred, and the reason for any change in placement.
740     10.  If the child has reached 13 years of age but is not
741yet 18 years of age, the results of the preindependent-living,
742life-skills, or independent-living assessment, the specific
743services needed, and the status of the delivery of the
744identified services.
745     11.10.  Copies of all medical, psychological, and
746educational records that support the terms of the case plan and
747that have been produced concerning the child, parents, or any
748caregiver since the last judicial review hearing.
749     (b)  A copy of the social service agency's written report
750and the written report of the guardian ad litem must be served
751on all parties whose whereabouts are known; to the foster
752parents or legal custodians; and to the citizen review panel, at
753least 72 hours before the judicial review hearing or citizen
754review panel hearing. The requirement for providing parents with
755a copy of the written report does not apply to those parents who
756have voluntarily surrendered their child for adoption or who
757have had their parental rights to the child terminated.
758     (c)  In a case in which the child has been permanently
759placed with the social service agency, the agency shall furnish
760to the court a written report concerning the progress being made
761to place the child for adoption. If the child cannot be placed
762for adoption, a report on the progress made by the child towards
763alternative permanency goals or placements, including, but not
764limited to, guardianship, long-term custody, long-term licensed
765custody, or independent living, must be submitted to the court.
766The report must be submitted to the court at least 72 hours
767before each scheduled judicial review.
768     (d)  In addition to or in lieu of any written statement
769provided to the court, the foster parent or legal custodian, or
770any preadoptive parent, shall be given the opportunity to
771address the court with any information relevant to the best
772interests of the child at any judicial review hearing.
773     (8)(7)  The court and any citizen review panel shall take
774into consideration the information contained in the social
775services study and investigation and all medical, psychological,
776and educational records that support the terms of the case plan;
777testimony by the social services agency, the parent, the foster
778parent or legal custodian, the guardian ad litem if one has been
779appointed for the child, and any other person deemed
780appropriate; and any relevant and material evidence submitted to
781the court, including written and oral reports to the extent of
782their probative value. These reports and evidence may be
783received by the court in its effort to determine the action to
784be taken with regard to the child and may be relied upon to the
785extent of their probative value, even though not competent in an
786adjudicatory hearing. In its deliberations, the court and any
787citizen review panel shall seek to determine:
788     (j)  For a child who has reached 13 years of age but is not
789yet 18 years of age, the adequacy of the child's preparation for
790adulthood and independent living.
791     Section 3.  Paragraph (c) of subsection (2) of section
7921009.25, Florida Statutes, is amended to read:
793     1009.25  Fee exemptions.--
794     (2)  The following students are exempt from the payment of
795tuition and fees, including lab fees, at a school district that
796provides postsecondary career and technical programs, community
797college, or state university:
798     (c)  A student who to whom the state has determined is
799eligible for the awarded a Road-to-Independence Scholarship,
800regardless of whether an award is issued or not, or a student
801who is or was at the time he or she reached 18 years of age in
802the custody of a relative under s. 39.5085, or who is adopted
803from the Department of Children and Family Services after May 5,
8041997. Such exemption includes fees associated with enrollment in
805vocational-preparatory instruction and completion of the
806college-level communication and computation skills testing
807program. Such an exemption is available to any student who was
808in the custody of a relative under s. 39.5085 at the time he or
809she reached 18 years of age or was adopted from the Department
810of Children and Family Services after May 5, 1997; however, the
811exemption remains valid for no more than 4 years after the date
812of graduation from high school.
813     Section 4.  Pursuant to s. 11.45(2), Florida Statutes, the
814Auditor General shall perform both an operational audit and a
815performance audit, as defined in s. 11.45(1), Florida Statutes,
816of the independent living transition services program within the
817Department of Children and Family Services and shall submit a
818report to the Governor, the President of the Senate, the Speaker
819of the House of Representatives, the Secretary of Children and
820Family Services, and the appropriate substantive committees of
821the Senate and the House of Representatives no later than
822February 28, 2005.
823     Section 5.  The Office of Program Policy and Government
824Accountability shall develop recommendations for the minimum
825system standards for the independent living transition services
826system required in s. 409.1451(6), Florida Statutes. These
827recommendations shall be developed with advise from the key
828stakeholders in the independent living transition service
829system, including, but not limited to, independent living
830services staff of the Department of Children and Families and
831community-based care lead agencies, representatives of the State
832Youth Advisory Board, other youth and young adults who are or
833have been in the foster care system, foster parents, and
834representatives from other state agencies and community service
835providers who are involved in serving this population. These
836recommendations shall be provided to the department on or before
837November 30, 2004.
838     Section 6.  This act shall take effect upon becoming a law.


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