Senate Bill sb0428c1

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    Florida Senate - 2004                            CS for SB 428

    By the Committee on Children and Families; and Senator
    Campbell




    300-941-04

  1                      A bill to be entitled

  2         An act relating to independent living

  3         transition services; amending s. 409.1451,

  4         F.S.; authorizing the Department of Children

  5         and Family Services, its agent, or certain

  6         community-based providers to administer a

  7         system of independent living services;

  8         requiring each district of the Department of

  9         Children and Family Services to identify

10         adolescent foster children with developmental

11         disabilities or special mental health needs and

12         assist such youth in the transition to

13         self-sufficiency; revising eligibility

14         requirements for independent living transition

15         services, participation in the

16         Road-to-Independence Scholarship Program, and

17         transitional support services; authorizing

18         Medicaid coverage for youth who are eligible

19         for transitional support services; providing an

20         effective date.

21  

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

23  

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

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

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

27  read:

28         409.1451  Independent living transition services.--

29         (1)  SYSTEM OF SERVICES.--

30         (a)  The Department of Children and Family Services, or

31  its agents, or community-based providers operating pursuant to

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    Florida Senate - 2004                            CS for SB 428
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 1  s. 409.1671 shall administer a system of independent living

 2  transition services to enable older children in foster care

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

 4  transition to self-sufficiency as adults.

 5         (b)  The goals of independent living transition

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

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

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

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

10  personal responsibility for becoming self-sufficient adults.

11         (c)  Each Department of Children and Family Services

12  district shall identify adolescent foster youth with

13  developmental disabilities or special mental health needs. The

14  department shall work with these foster youth to help them

15  make the transition to self-sufficiency and shall assist the

16  youth and young adults with reasonable accommodations for

17  their disabilities. The department shall assist the youth with

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

19  department's Developmental Disabilities Office and the

20  department's Mental Health Office. The department shall

21  coordinate the independent living plan for a youth with the

22  school's individual education plan for a child who is in a

23  special education program. The department shall give special

24  attention to 17-year-old foster children residing at

25  residential treatment facilities, therapeutic foster homes, or

26  other mental health placements who face a particularly

27  difficult transition to living as adults in the community.

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

29  shall be used to establish a continuum of services for

30  eligible children in foster care and eligible young adults who

31  were formerly in foster care which accomplish the goals for

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    Florida Senate - 2004                            CS for SB 428
    300-941-04




 1  the independent living transition services and provide the

 2  service components for services for foster children, as

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

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

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

 6  transition services are not an alternative to adoption.

 7  Independent living transition services may occur concurrently

 8  with continued efforts to locate and achieve placement in

 9  adoptive families for older children in foster care.

10         (2)  ELIGIBILITY.--

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

12  18 years of age and who are in foster care through the program

13  component of services for foster children provided in

14  subsection (3). The department shall also serve former foster

15  youth who are 18 to 23 years of age and are in high school as

16  a special education student, in a high school equivalency

17  diploma program pursuant to s. 1003.435, or in an adult

18  education program pursuant to s. 1004.93, through the program

19  component of services for foster children provided in

20  subsection (3). Children to be served must meet the

21  eligibility requirements set forth for specific services as

22  provided in this section and through department rule.

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

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

25  of age, and former foster youth with disabilities, ages 18 to

26  23 years, with the transition to independent living as adults,

27  the program must provide them with opportunities to

28  participate in and learn from life skills activities in their

29  foster families and communities which are reasonable and

30  appropriate for their age. Such activities may include, but

31  are not limited to, managing money earned from a job, taking

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    Florida Senate - 2004                            CS for SB 428
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 1  driver's education, and participating in after-school or

 2  extracurricular activities. To support these opportunities for

 3  participation in age-appropriate life skills activities, the

 4  department may:

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

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

 7  responsibilities to be presented to all children involved in

 8  independent living transition services and their foster

 9  parents.

10         (b)  Provide training for staff and foster parents

11  which addresses issues of older children in foster care and

12  the transition to adulthood, including supporting education

13  and employment and providing opportunities to participate in

14  appropriate daily activities.

15         (c)  Develop procedures to maximize the authority of

16  foster parents to approve participation in age-appropriate

17  activities of children in their care.

18         (d)  Provide opportunities for older children in foster

19  care to interact with mentors.

20         (e)  Develop and implement procedures for older

21  children to directly access and manage the personal allowance

22  they receive from the department in order to learn

23  responsibility and participate in age-appropriate life skills

24  activities to the extent feasible.

25         (5)  PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS

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

27  the department shall provide or arrange for the following

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

29  prescribed conditions and are determined eligible by the

30  department. The categories of services available to assist a

31  

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    Florida Senate - 2004                            CS for SB 428
    300-941-04




 1  young adult formerly in foster care to achieve independence

 2  are:

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

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

 5  intended to help eligible students who are former foster

 6  children in this state to receive the educational and

 7  vocational training needed to achieve independence. The amount

 8  of the scholarship award shall equal the earnings that the

 9  student would have been eligible to earn working a

10  40-hour-a-week federal minimum wage job, after considering

11  other grants and scholarships that are in excess of the

12  educational institutions' fees and costs, and contingent upon

13  available funds. Students eligible for the

14  Road-to-Independence Scholarship Program may also be eligible

15  for educational fee waivers for workforce development

16  postsecondary programs, community colleges, and universities,

17  pursuant to s. 1009.25(2)(c).

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

19  for the initial scholarship award, and a young adult under 23

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

21         a.  Is or was a dependent child, pursuant to chapter

22  39, and is living or has lived in licensed foster care or in

23  subsidized independent living within 6 months prior to at the

24  time of his or her 18th birthday;

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

26  before reaching his or her 18th birthday;

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

28  1009.40; and

29         d.  Meets one of the following qualifications:

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

31  equivalent as described in s. 1003.43 or s. 1003.435, and has

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    Florida Senate - 2004                            CS for SB 428
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 1  been admitted for full-time enrollment in an eligible

 2  postsecondary education institution as defined in s. 1009.533;

 3         (II)  Is enrolled full time in and is attending an

 4  accredited high school, is within 2 years of graduation, and

 5  has maintained a grade point average of at least 2.0 on a

 6  scale of 4.0 for the two semesters preceding the date of his

 7  or her 18th birthday or, in the case of a student in a special

 8  education program in an accredited high school, has met the

 9  minimum grade point average required by that program to

10  graduate; or

11         (III)  Is enrolled full time in and is attending an

12  accredited adult education program or high school equivalency

13  diploma program designed to provide the student with a high

14  school diploma or its equivalent, is making satisfactory

15  progress in that program as certified by the program, and is

16  within 2 years of attaining a high school diploma or its

17  equivalent graduation.

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

19  the scholarship program and must ensure that the children and

20  young adults leaving foster care, foster parents, or family

21  services counselors are informed of the availability of the

22  program and the application procedures.

23         b.  A young adult may must apply for an the initial

24  scholarship award during the 6 months immediately preceding

25  his or her 18th birthday. A young adult who does not fails to

26  make an initial application at that time, but who otherwise

27  meets the criteria for an initial award, may make one

28  application for an the initial scholarship award if the such

29  application is made before the young adult's 23rd 21st

30  birthday.

31  

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    Florida Senate - 2004                            CS for SB 428
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 1         c.  If funding for the program is available, the

 2  department shall issue awards from the scholarship program for

 3  each young adult who meets all the requirements of the

 4  program.

 5         d.  An award shall be issued after at the time the

 6  eligible student reaches 18 years of age.

 7         e.  If the award recipient transfers from one eligible

 8  institution to another and continues to meet eligibility

 9  requirements, the award must be transferred with the

10  recipient.

11         f.  Scholarship funds awarded to any eligible young

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

13  provided to the young adult by the department through its

14  independent living transition services.

15         g.  The department shall provide information concerning

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

17  the Department of Education for inclusion in the student

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

19         h.  Scholarship funds shall be terminated when the

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

21  science degree, or equivalent undergraduate degree, or reaches

22  23 years of age, whichever occurs earlier.

23         i.  The department shall evaluate and renew each award

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

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

26  subsequent year, the young adult must:

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

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

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

30  requirements of s. 1009.41.

31  

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    Florida Senate - 2004                            CS for SB 428
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 1         (II)  Maintain the cumulative grade point average

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

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

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

 5  restore eligibility by improving the grade point average to

 6  the required level.

 7         j.  Scholarship funds may be terminated during the

 8  interim between an award and the evaluation for a renewal

 9  award if the department determines that the award recipient is

10  no longer enrolled in an educational institution as defined in

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

12  department shall notify a student who is terminated and inform

13  the student of his or her right to appeal.

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

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

16  subsequently apply for reinstatement. An application for

17  reinstatement must be made before the young adult reaches 23

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

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

20  young adult must meet the eligibility criteria and the

21  criteria for award renewal for the scholarship program.

22         l.  A young adult who is eligible for the

23  Road-to-Independence Scholarship may, in lieu of the

24  scholarship award, choose to remain in foster care and

25  continue to receive the services of the children's foster care

26  program for as long as the young adult continues to qualify

27  for the Road-to-Independence Scholarship receiving continued

28  services of the foster care program under former s. 409.145(3)

29  must transfer to the scholarship program by July 1, 2003.

30         (c)  Transitional support services.--

31  

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    Florida Senate - 2004                            CS for SB 428
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 1         1.  In addition to any services provided through

 2  aftercare after care support or the Road-to-Independence

 3  Scholarship, a young adult formerly in foster care, may

 4  receive other appropriate short-term services, which may

 5  include financial, housing, counseling, employment, education

 6  and other services, if the young adult demonstrates that the

 7  services are critical to the young adult's own efforts to

 8  achieve self-sufficiency and to develop a personal support

 9  system.

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

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

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

13  39, was living in licensed foster care or in subsidized

14  independent living within 6 months prior to at the time of his

15  or her 18th birthday, or and had spent at least 6 months

16  living in foster care before that date.

17         3.  Based on the availability of funds, a young adult

18  formerly in foster care who is eligible for transitional

19  support services pursuant to this subsection is also eligible

20  to receive Medicaid coverage through age 23.

21         4.3.  If at any time the services are no longer

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

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

24  they shall be terminated.

25         Section 2.  This act shall take effect October 1, 2004.

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    Florida Senate - 2004                            CS for SB 428
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 428

 3                                 

 4  
    *    Recognizes that community-based providers are entities
 5       providing independent living transition services.

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    *    Stipulates the age range of 18 to 23 years for the youth
 7       with a disability, formerly in foster care, who would be
         provided with opportunities to participate in activities
 8       that teach life skills.

 9  
    *    Provides as part of the educational requirement to
10       receive a Road to Independence Scholarship that the youth
         not only be enrolled in but attend the high school or
11       adult education program.

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    *    Corrects an inconsistent identification of the age by
13       which the initial application for the Road to
         Independence Scholarship can be submitted.
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