HB 0359 2004
1	A bill to be entitled
2	An act relating to independent living transition services;
3	amending s. 39.601, F.S.; providing an additional case
4	plan requirement for certain children receiving services;
5	amending s. 39.701, F.S., relating to judicial review of
6	the status of a child; providing for determination of
7	services provided by the Department of Children and Family
8	Services; amending s. 409.1451, F.S.; revising eligibility
9	for receipt of independent living transition services;
10	providing equal opportunity for participation in the
11	continuum of independent living transition services for
12	certain youth who have disabilities or mental health needs
13	and for youth who have children; providing department
14	responsibilities for assisting access of support and for
15	coordinating services with education plans; revising
16	eligibility for the program component of services for
17	foster children; revising eligibility for participation in
18	life skills activities and the components of such
19	activities; revising eligibility for the program component
20	of services for young adults formerly in foster care;
21	revising eligibility for participation in the Road-to-
22	Independence Scholarship Program and renewal of a
23	scholarship award; providing for certain services in lieu
24	of a scholarship award; revising eligibility for receipt
25	of aftercare support services and transitional support
26	services; providing for a rental agreement between a
27	caregiver and a young adult under certain circumstances;
28	providing for maximization of federal assistance;
29	providing eligibility for receipt of Medicaid; revising
30	composition of the independent living services workgroup;
31	requiring department rules relating to review of
32	applications and an appeals process for adverse action or
33	inaction; amending s. 409.903, F.S.; revising eligibility
34	for Medicaid payments for young adults; amending s.
35	1009.25, F.S.; revising eligibility for postsecondary
36	education fee exemptions; providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1. Paragraph (m) is added to subsection (3) of
41	section 39.601, Florida Statutes, to read:
42	39.601 Case plan requirements.--
43	(3) When the child is receiving services in an out-of-home
44	placement, the case plan must be filed with the court, for
45	approval by the court, at least 72 hours prior to the
46	disposition hearing. The case plan must be served on all parties
47	whose whereabouts are known at least 72 hours prior to the
48	disposition hearing and must include, in addition to the
49	requirements in subsections (1) and (2), at a minimum:
50	(m) In the case of a child 15 years of age or older, a
51	description of the independent living needs and services to be
52	provided to the child.
53	Section 2. Paragraph (j) is added to subsection (7) of
54	section 39.701, Florida Statutes, to read:
55	39.701 Judicial review.--
56	(7) The court and any citizen review panel shall take into
57	consideration the information contained in the social services
58	study and investigation and all medical, psychological, and
59	educational records that support the terms of the case plan;
60	testimony by the social services agency, the parent, the foster
61	parent or legal custodian, the guardian ad litem if one has been
62	appointed for the child, and any other person deemed
63	appropriate; and any relevant and material evidence submitted to
64	the court, including written and oral reports to the extent of
65	their probative value. These reports and evidence may be
66	received by the court in its effort to determine the action to
67	be taken with regard to the child and may be relied upon to the
68	extent of their probative value, even though not competent in an
69	adjudicatory hearing. In its deliberations, the court and any
70	citizen review panel shall seek to determine:
71	(j) The extent to which the department has provided
72	appropriate independent living assessments and services to any
73	child 13 years of age or older and the extent to which the
74	department has provided youth 17 years of age or older with
75	services and training to help them develop tangible skills for
76	living independently, including, but not limited to, assistance
77	with developing community ties and with setting up a household,
78	educational support, and skills classes in budgeting and
79	employment training.
80	Section 3. Section 409.1451, Florida Statutes, is amended
81	to read:
82	409.1451 Independent living transition services.--
83	(1) SYSTEM OF SERVICES.--
84	(a) The Department of Children and Family Services or its
85	agents shall administer a system of independent living
86	transition services to enable older children in foster care and
87	young adults who exit foster care during the 6 months prior to
88	turning 18 years of age orat age 18 to make the transition to
89	self-sufficiency as adults.
90	(b) The goals of independent living transition services
91	are to assist older children in foster care and young adults who
92	were formerly in foster care to obtain life skills and education
93	for independent living and employment, to have a quality of life
94	appropriate for their age, and to assume personal responsibility
95	for becoming self-sufficient adults.
96	(c) State funds for foster care or federal funds shall be
97	used to establish a continuum of services for eligible children
98	in foster care and eligible young adults who were formerly in
99	foster care which accomplish the goals for the independent
100	living transition services and provide the service components
101	for services for foster children, as provided in subsection (3),
102	and services for young adults who were formerly in foster care,
103	as provided in subsection (5).
104	(d) For children in foster care, independent living
105	transition services are not an alternative to adoption.
106	Independent living transition services may occur concurrently
107	with continued efforts to locate and achieve placement in
108	adoptive families for older children in foster care.
109	(e) Older children in foster care and young adults
110	formerly in foster care who have disabilities or mental health
111	needs shall be provided with an equal opportunity to participate
112	in the continuum of independent living transition services
113	regardless of the fact that a child or young adult who has a
114	physical, emotional, or learning disability may need additional
115	support. To ensure the equal participation of such children and
116	young adults, each Department of Children and Family Services
117	district shall identify older children in foster care and young
118	adults formerly in foster care who have disabilities or mental
119	health needs. The department shall work with these older
120	children and young adults to help them make the transition to
121	self-sufficiency and shall assist them with reasonable
122	accommodations for their disabilities. In addition, the
123	department shall assist the older children and young adults with
124	accessing support and funding from other sources, such as the
125	department’s Developmental Disabilities Office and Mental Health
126	Office. For an older child or young adult who is in a special
127	education program, the department shall coordinate his or her
128	independent living plan with the school’s individual education
129	plan. The department shall give special attention to 17-year-old
130	foster children in residential treatment facilities, therapeutic
131	foster homes, or other mental health placements who face a
132	particularly difficult transition to living as adults in the
133	community and shall provide such children with the life skills
134	training, supports, and services needed to make a successful
135	transition.
136	(f) Older children in foster care and young adults
137	formerly in foster care who have children, who are pregnant, or
138	who are expectant fathers shall be provided with an equal
139	opportunity to participate in the continuum of independent
140	living transition services. The department shall assist these
141	children and young adults with appropriate services, such as
142	prenatal care, daycare, and housing. In those cases where family
143	preservation is at issue, the department shall prioritize the
144	provision of independent living transition services to older
145	children and young adults with children.
146	(2) ELIGIBILITY.--
147	(a) The department shall serve children who are 13 to 18
148	years of age and who are in foster care through the program
149	component of services for foster children provided in subsection
150	(3). Children to be served must meet the eligibility
151	requirements set forth for specific services as provided in this
152	section and through department rule.
153	(b) The department shall serve young adults who are 18 to
154	23 years of age and who exit were in foster care within the 6
155	months prior to turning 18 years of age or at when they turned
156	18 years of age through the program component of services for
157	young adults who were formerly in foster care providedin
158	subsection (5). Additionally, young adults formerly in foster
159	care who are 18 to 23 years of age and have physical, emotional,
160	or learning disabilities shall remain eligible for the program
161	component of services for foster children provided in subsection
162	(3).Children to be served must meet the eligibility
163	requirements set forth for specific services in this section and
164	through department rule.
165	(3) PROGRAM COMPONENT OF SERVICES FOR FOSTER
166	CHILDREN.--The department shall provide the following transition
167	to independence services to children in foster care in order to
168	who meet prescribed conditions and are determined eligible by
169	the department. The service categories available to children in
170	foster care whichfacilitate successful transition into
171	adulthood are:
172	(a) Preindependent-living services.--
173	1. Preindependent-living services shallinclude, but are
174	not limited to, life skills training, educational field trips,
175	and conferences. The specific services to be provided to a child
176	shall be determined using a preindependent-living assessment.
177	2. A child 13 to 15 years of age who is in foster care is
178	eligible for such services.
179	(b) Life skills services.--
180	1. Life skills services shall mayinclude, but are not
181	limited to, independent living skills training, educational
182	support, employment training, and counseling. The specific
183	services to be provided to a child shall be determined using an
184	independent life skills assessment.
185	2. A child 15 to 18 years of age who is in foster care is
186	eligible for such services.
187	(c) Subsidized independent living services.--
188	1. Subsidized independent living services are living
189	arrangements that allow the child to live independently of the
190	daily care and supervision of an adult in a setting that is not
191	required to be licensed under s. 409.175.
192	2. A child 16 to 18 years of age is eligible for such
193	services if he or she:
194	a. Is adjudicated dependent under chapter 39; has been
195	placed in licensed out-of-home care for at least 6 months prior
196	to entering subsidized independent living; and has a permanency
197	goal of adoption, independent living, or long-term licensed
198	care; and
199	b. Is able to demonstrate independent living skills, as
200	determined by the department, using established procedures and
201	assessments.
202	3. Independent living arrangements established for a child
203	must be part of an overall plan leading to the total
204	independence of the child from the department's supervision. The
205	plan must include, but need not be limited to, a description of
206	the skills of the child and a plan for learning additional
207	identified skills; the behavior that the child has exhibited
208	which indicates an ability to be responsible and a plan for
209	developing additional responsibilities, as appropriate; a plan
210	for future educational, vocational, and training skills; present
211	financial and budgeting capabilities and a plan for improving
212	resources and ability; a description of the proposed residence;
213	documentation that the child understands the specific
214	consequences of his or her conduct in the independent living
215	program; documentation of proposed services to be provided by
216	the department and other agencies, including the type of service
217	and the nature and frequency of contact; and a plan for
218	maintaining or developing relationships with the family, other
219	adults, friends, and the community, as appropriate.
220	4. Subsidy payments in an amount established by the
221	department may be made directly to a child under the direct
222	supervision of a caseworker or other responsible adult approved
223	by the department.
224
225	A young adult formerly in foster care who is 18 to 23 years of
226	age and has a physical, emotional, or learning disability shall
227	remain eligible for the services provided in this subsection.
228	(4) PARTICIPATION IN LIFE SKILLS ACTIVITIES.--In order to
229	assist older children in foster care who are, ages13 to 18
230	years of age and young adults formerly in foster care who are 18
231	to 23 years of age,with the transition to independent living as
232	adults, the program must provide them with opportunities to
233	participate in and learn from life skills activities in their
234	foster families and communities which are reasonable and
235	appropriate for their developmentalage. Such activities may
236	include, but are not limited to, managing money earned from a
237	job, taking driver's education, and participating in after-
238	school or extracurricular activities.
239	(a) To support these opportunities for participation in
240	developmentallyage-appropriate life skills activities, the
241	department may:
242	1.(a)Develop, with children in the program and their
243	foster parents, a list of age-appropriate activities and
244	responsibilities to be presented to all children involved in
245	independent living transition services and their foster parents.
246	2.(b)Provide training for staff and foster parents which
247	addresses issues of older children in foster care and the
248	transition to adulthood, including supporting education and
249	employment and providing opportunities to participate in
250	appropriate daily activities.
251	3.(c)Develop procedures to maximize the authority of
252	foster parents to approve participation in age-appropriate
253	activities of children in their care.
254	4.(d)Provide opportunities for older children in foster
255	care to interact with mentors.
256	5.(e)Develop and implement procedures for older children
257	to directly access and manage the personal allowance they
258	receive from the department in order to learn responsibility and
259	participate in age-appropriate life skills activities to the
260	extent feasible.
261	(b) No later than the first day of the calendar month
262	following a foster child’s 17th birthday, the foster child shall
263	be provided with services and training to help the child develop
264	tangible skills for living independently, including, but not
265	limited to, assistance with developing community ties and with
266	setting up a household, educational support, and skills classes
267	in budgeting and employment training. Every 17-year-old foster
268	child shall have at least two staffings to ensure that the child
269	receives these services. Young adults formerly in foster care
270	who are 18 to 23 years of age are also eligible to receive these
271	services and training, including refresher skills classes as
272	needed.
273	(5) PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS
274	FORMERLY IN FOSTER CARE.--Based on the availability of funds,
275	the department shall provide or arrange for the following
276	services to young adults formerly in foster care who meet the
277	prescribed conditions and are determined eligible by the
278	department. The categories of services available to assist a
279	young adult formerly in foster care to achieve independence are:
280	(a) Aftercare support services.--
281	1. Aftercare support services include, but are not limited
282	to, referrals to resources in the community for:
283	a. Mentoring and tutoring.
284	b. Mental health services and substance abuse counseling.
285	c. Life skills classes, including credit management and
286	preventive health activities.
287	d. Parenting classes.
288	e. Job skills training.
289
290	The specific services to be provided under this subparagraph
291	shall be determined by an aftercare services assessment to be
292	performed on an expedited basis. Immediate temporary financial
293	assistance shall may be provided on an emergency basisto
294	prevent homelessness within the limitations defined by the
295	department.
296	2. A young adult 18 to 23 years of age who leaves foster
297	care during the 6 months prior to turning 18 years of age orat
298	18 years of age but who requests services prior to reaching 23
299	years of age is eligible for such services.
300	(b) Road-to-Independence Scholarship Program.--
301	1. The Road-to-Independence Scholarship Program is
302	intended to help eligible students who are former foster
303	children in this state to receive the educational and vocational
304	training needed to achieve independence. The amount of the
305	scholarshipaward shall equal the earnings that the student
306	would have been eligible to earn working a 40-hour-a-week
307	federal minimum wage job, after considering other grants and
308	scholarships that are in excess of the educational institutions'
309	fees and costs, and contingent upon available funds. Students
310	eligible for the Road-to-Independence Scholarship Program may
311	also be eligible for educational fee waivers for workforce
312	development postsecondary programs, community colleges, and
313	universities, pursuant to s. 1009.25(2)(c).
314	2. A young adult 18 to 23 21years of age is eligible for
315	the initial scholarship award, and remains a young adult under
316	23 years of age is eligible for renewal awards,if he or she:
317	a. Is or wasa dependent child, pursuant to chapter 39,
318	and is living or has livedin licensed foster care or in
319	subsidized independent living within 6 months prior to at the
320	time ofhis or her 18th birthday;
321	b. Has spent at least 6 months living in foster care
322	before reaching his or her 18th birthday;
323	c. Is a resident of this state as defined in s. 1009.40;
324	and
325	d. Meets one of the following qualifications:
326	(I) Has earned a standardhigh school diploma or its
327	equivalent as described in s. 1003.429, s. 1003.43,or s.
328	1003.435,and has been admitted for full-time enrollment in an
329	eligible postsecondary education institution as defined in s.
330	1009.533;
331	(II) Is enrolled full time and is attending inan
332	accredited high school, is within 2 years of graduation, and has
333	maintained a grade point average of at least 2.0 on a scale of
334	4.0 for the two semesters preceding the date of his or her 18th
335	birthday; or
336	(III) Is enrolled full time and is attending inan
337	accredited adult education program or high school equivalency
338	diploma programdesigned to provide the student with a high
339	school diploma or its equivalent, is making satisfactory
340	progress in that program as certified by the program, and is
341	within 2 years of graduation.
342	3.a. The department must advertise the availability of the
343	scholarshipprogram and must ensure that the children and young
344	adults leaving foster care, foster parents, and orfamily
345	services counselors are informed of the availability of the
346	program and the application procedures.
347	b. A young adult may must apply for an the initial
348	scholarshipaward during the 6 months immediately preceding his
349	or her 18th birthday. A young adult who does not fails tomake
350	an initial application at that time, but who otherwise meets the
351	criteria for an initial award, may make one application for an
352	theinitial award if such application is made before the young
353	adult's 23rd 21stbirthday.
354	c. If funding for the program is available, the department
355	shall issue awards from the scholarship program for each young
356	adult who meets all the requirements of the program.
357	d. A scholarship An award shall be issued after at the
358	timethe eligible student reaches 18 years of age.
359	e. If the scholarshipaward recipient transfers from one
360	eligible institution to another and continues to meet
361	eligibility requirements, the award must be transferred with the
362	recipient.
363	f. Scholarship funds awarded to any eligible young adult
364	under this program are in addition to any other services
365	provided to the young adult by the department through its
366	independent living transition services.
367	g. The department shall provide information concerning
368	young adults receiving the Road-to-Independence Scholarship to
369	the Department of Education for inclusion in the student
370	financial assistance database, as provided in s. 1009.94.
371	h. Scholarship funds shall be terminated when the young
372	adult has attained a bachelor of arts or bachelor of science
373	degree, or equivalent undergraduate degree, or reaches 23 years
374	of age, whichever occurs earlier.
375	i. The department shall evaluate and renew each
376	scholarship award annually during the 90-day period before the
377	young adult's birthday. In order to be eligible for a renewal
378	award for the subsequent year, the young adult must meet the
379	following requirements, depending on his or her educational
380	program:
381	(I) For students pursuing a standard high school diploma,
382	earn a grade point average of 2.0 on a 4.0 scale during the year
383	in which the young adult has received the scholarship;
384	(II) For special education students, be in good standing
385	in the educational program;
386	(III) For students in adult education or high school
387	equivalency programs, make satisfactory progress as certified by
388	the program; or
389	(IV)(I) For students in postsecondary educational
390	institutions,complete at least 12 semester hours or the
391	equivalent in the last academic year in which the young adult
392	earned a scholarship, except for a young adult who meets the
393	requirements of s. 1009.41 for part-time enrollment, and earn a
394	grade point average of 2.0 on a 4.0 scale during the year in
395	which the young adult has received the scholarship.
396	(II) Maintain the cumulative grade point average required
397	by the scholarship program, except that, if the young adult's
398	grades are insufficient to renew the scholarship at any time
399	during the eligibility period, the young adult may restore
400	eligibility by improving the grade point average to the required
401	level.
402	j. If, at the end of the scholarship term, the young adult
403	does not meet the academic requirements of sub-subparagraph i.,
404	he or she shall receive a notice of noncompliance. The young
405	adult shall then be placed on probation for two grading periods
406	or 6 months, whichever is longer, to improve his or her academic
407	performance. At the end of the probationary period, if the young
408	adult’s academic performance is still unsatisfactory, the young
409	adult shall become ineligible for the scholarship award until
410	such time as he or she meets the academic requirements.
411	k.j.Scholarship funds may be terminated during the
412	interim between an award and the evaluation for a renewal award
413	if the department determines that the award recipient is no
414	longer enrolled in an educational institution as defined in sub-
415	subparagraph 2.d., or is no longer a state resident. The
416	department shall notify a student who is terminated and inform
417	the student of his or her right to appeal.
418	l.k. A scholarship Anaward recipient who does not qualify
419	for a renewal award or who chooses not to renew the award may
420	subsequently apply for reinstatement. An application for
421	reinstatement must be made before the young adult reaches 23
422	years of age, and a student may not apply for reinstatement more
423	than once. In order to be eligible for reinstatement, the young
424	adult must meet the eligibility criteria and the criteria for
425	award renewal for the scholarship program.
426	m. A young adult who is eligible for a Road-to-
427	Independence Scholarship may, in lieu of the scholarship award,
428	choose to remain in foster care and continue to receive the
429	services of the foster care program for as long as the young
430	adult continues to qualify for the Road-to-Independence
431	Scholarship.
432	l. A young adult receiving continued services of the
433	foster care program under former s. 409.145(3) must transfer to
434	the scholarship program by July 1, 2003.
435	(c) Transitional support services.--
436	1. In addition to any services provided through aftercare
437	after caresupport or the Road-to-Independence Scholarship, a
438	young adult formerly in foster care,may receive other
439	appropriate short-term services, which may include financial,
440	housing, counseling, employment, education,and other services,
441	if the young adult demonstrates that the services are critical
442	to the young adult's own efforts to achieve self-sufficiency and
443	to develop a personal support system.
444	2. A young adult formerly in foster care is eligible to
445	apply for transitional support services if he or she is 18 to 23
446	years of age, was a dependent child pursuant to chapter 39, was
447	living in licensed foster care or in subsidized independent
448	living within the 6 months prior to, or at the time of,his or
449	her 18th birthday, and had spent at least 6 months living in
450	foster care before that date.
451	3. If at any time the services are no longer critical to
452	the young adult's own efforts to achieve self-sufficiency and to
453	develop a personal support system, they shall be terminated.
454	(d) Payment of aftercare, scholarship, or transitional
455	support funds.--Payment of aftercare, scholarship, or
456	transitional support funds shall be made directly to the
457	recipient unless the recipient requests that the payments or a
458	portion of the payments be made directly to a licensed foster
459	family or group care provider with whom the recipient was
460	residing at the time of attaining the 18th birthday and with
461	whom the recipient desires to continue to reside. If a young
462	adult and the formerfoster parent agree that the young adult
463	shall continue tolive in the foster home while receiving
464	aftercare, scholarship, or transitional support funds, the
465	caregiver and the young adult shall enter into a rental
466	agreement establish written expectations for the young adult's
467	behavior and responsibilities. The young adult who resides
468	continueswith a foster family shall not be included as a child
469	in calculating any licensing restriction on the number of
470	children in the foster home.
471	(e) Federal assistance.--In order to maximize federal
472	assistance available to young adults formerly in foster care,
473	the department shall, to the extent possible, take advantage of
474	federal programs for such young adults. Based on the
475	availability of funds, a young adult formerly in foster care who
476	is eligible for aftercare support services, the Road-to-
477	Independence Scholarship Program, or transitional support
478	services is also eligible to receive Medicaid coverage. If a
479	young adult formerly in foster care receives priority for
480	Section 8 housing and wishes to apply for such federal housing,
481	the department shall provide assistance in completing the
482	application.
483	(e) Appeals process.--
484	1. The Department of Children and Family Services shall
485	adopt by rule a procedure by which a young adult may appeal an
486	eligibility determination or the department's failure to provide
487	aftercare, scholarship, or transitional support services if such
488	funds are available.
489	2. The procedure developed by the department must be
490	readily available to young adults and must provide for an appeal
491	to the Secretary of Children and Family Services. The decision
492	of the secretary constitutes final agency action and is
493	reviewable by the court as provided in s. 120.68.
494	(6) ACCOUNTABILITY.--The department shall develop outcome
495	measures for the program and other performance measures.
496	(7) INDEPENDENT LIVING SERVICES WORKGROUP.--The Secretary
497	of Children and Family Services shall establish the independent
498	living services workgroup, which, at a minimum, shall include
499	representatives from the Department of Children and Family
500	Services, the Agency for Workforce Innovation, the Department of
501	Education, the Agency for Health Care Administration, the State
502	Youth Advisory Board, Workforce Florida, Inc., the Statewide
503	Guardian Ad Litem Office, attorneys ad litem,and foster
504	parents. The workgroup shall assess the implementation and
505	operation of the system of independent living transition
506	services and advise the department on actions that would improve
507	the ability of the independent living transition services to
508	meet the established goals. The workgroup shall keep the
509	department informed of problems being experienced with the
510	services, barriers to the effective and efficient integration of
511	services and support across systems, and successes that the
512	system of independent living transition services has achieved.
513	The department shall consider, but is not required to implement,
514	the recommendations of the workgroup. For the 2002-2003 and
515	2003-2004 fiscal years, the workgroup shall report to the
516	appropriate substantive committees of the Senate and the House
517	of Representatives on the status of the implementation of the
518	system of independent living transition services; efforts to
519	publicize the availability of aftercare support services, the
520	Road-to-Independence Scholarship Program, and transitional
521	support services; specific barriers to financial aid created by
522	the scholarship and possible solutions; the success of the
523	services; problems identified; recommendations for department or
524	legislative action; and the department's implementation of the
525	recommendations contained in the Independent Living Services
526	Integration Workgroup Report submitted to the Senate and the
527	House substantive committees December 31, 2002. This workgroup
528	report is to be submitted by December 31, 2003, and December 31,
529	2004, and shall be accompanied by a report from the department
530	which identifies the recommendations of the workgroup and either
531	describes the department's actions to implement these
532	recommendations or provides the department's rationale for not
533	implementing the recommendations.
534	(8) PERSONAL PROPERTY.--Property acquired on behalf of
535	clients of this program shall become the personal property of
536	the clients and is not subject to the requirements of chapter
537	273 relating to state-owned tangible personal property. Such
538	property continues to be subject to applicable federal laws.
539	(9) RULEMAKING.--
540	(a)The department shall adopt by rule procedures to
541	administer this section, including provision for the
542	proportional reduction of scholarship awards when adequate funds
543	are not available for all applicants. These rules shall balance
544	the goals of normalcy and safety for the youth and provide the
545	caregivers with as much flexibility as possible to enable the
546	youth to participate in normal life experiences. The department
547	shall engage in appropriate planning to prevent, to the extent
548	possible, a reduction in scholarship awards after issuance.
549	(b) The department shall adopt by rule procedures to
550	ensure that the department reviews all applications in a timely
551	manner and renders expeditious eligibility determinations to the
552	youth. In cases in which a young adult formerly in foster care
553	is homeless or at imminent risk of homelessness, the department
554	shall process the young adult’s application for benefits on an
555	emergency basis and shall expedite the department’s appeals
556	process if the young adult’s application is denied or services
557	are terminated.
558	(c)1. The department shall adopt by rule a process by
559	which a young adult formerly in foster care may appeal any
560	adverse action or inaction, including, but not limited to,
561	noneligibility determination, termination of services, or
562	failure to provide services when funds are available.
563	2. The appeals process developed by the department must be
564	readily available and easily accessible to young adults formerly
565	in foster care and must provide for an appeal to the Secretary
566	of Children and Family Services. The process must be simple in
567	order to permit access by the young adult and must provide for a
568	final decision to be rendered within an expeditious period of
569	time after the young adult initiated the appeal. All notices of
570	the department’s adverse action or inaction, the young adult’s
571	right to appeal, and the available appeals process shall be
572	timely conveyed to the young adult in writing in language that
573	is easily understandable. The decision of the secretary
574	constitutes final agency action and is reviewable as provided in
575	s. 120.68.
576	Section 4. Subsection (4) of section 409.903, Florida
577	Statutes, is amended to read:
578	409.903 Mandatory payments for eligible persons.--The
579	agency shall make payments for medical assistance and related
580	services on behalf of the following persons who the department,
581	or the Social Security Administration by contract with the
582	Department of Children and Family Services, determines to be
583	eligible, subject to the income, assets, and categorical
584	eligibility tests set forth in federal and state law. Payment on
585	behalf of these Medicaid eligible persons is subject to the
586	availability of moneys and any limitations established by the
587	General Appropriations Act or chapter 216.
588	(4) A child who is eligible under Title IV-E of the Social
589	Security Act for subsidized board payments, foster care, or
590	adoption subsidies, and a child for whom the state has assumed
591	temporary or permanent responsibility and who does not qualify
592	for Title IV-E assistance but is in foster care, shelter or
593	emergency shelter care, or subsidized adoption. This category
594	includes a child who was eligible under Title IV-E of the Social
595	Security Act for foster care or the state-provided foster care,
596	who exited foster care during the 6 months prior to turning 18
597	years of age or at due to attaining the age of 18 years of age,
598	and who has been awarded a Road-to-Independence Scholarship, and
599	also includes those young adults formerly in foster care
600	receiving transitional support services or aftercare support
601	services for the duration of those services.
602	Section 5. Paragraph (c) of subsection (2) of section
603	1009.25, Florida Statutes, is amended to read:
604	1009.25 Fee exemptions.--
605	(2) The following students are exempt from the payment of
606	tuition and fees, including lab fees, at a school district that
607	provides postsecondary career and technical programs, community
608	college, or state university:
609	(c) A student who is in foster care or subsidized
610	independent living, or who exited foster care during the 6
611	months prior to turning 18 years of age or at 18 years of age to
612	whom the state has awarded a Road-to-Independence Scholarship,
613	or who is or was at the time he or she reached 18 years of age
614	in the custody of a relative under s. 39.5085, or who is adopted
615	from the Department of Children and Family Services after May 5,
616	1997. Such exemption includes fees associated with enrollment in
617	vocational-preparatory instruction and completion of the
618	college-level communication and computation skills testing
619	program. Such an exemption is available to any student who was
620	in the custody of a relative under s. 39.5085 at the time he or
621	she reached 18 years of age or was adopted from the Department
622	of Children and Family Services after May 5, 1997; however, the
623	exemption remains valid for no more than 4 years after the date
624	of graduation from high school.
625	Section 6. This act shall take effect July 1, 2004.