Amendment

Bill No. 0512

Amendment No. 328597

CHAMBER ACTION
Senate		House
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1	Representative Fiorentino offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 409.1451, Florida Statutes, is amended
6	to read:
7	409.1451  Independent living transition services.--
8	(1)  SYSTEM OF SERVICES.--
9	(a)  The Department of Children and Family Services, or its
10	agents, or community-based providers operating pursuant to s.
11	409.1671 shall administer a system of independent living
12	transition services to enable older children in foster care and
13	young adults who exit foster care at age 18 to make the
14	transition to self-sufficiency as adults.
15	(b)  The goals of independent living transition services
16	are to assist older children in foster care and young adults who
17	were formerly in foster care to obtain life skills and education
18	for independent living and employment, to have a quality of life
19	appropriate for their age, and to assume personal responsibility
20	for becoming self-sufficient adults.
21	(c)  State funds for foster care or federal funds shall be
22	used to establish a continuum of services for eligible children
23	in foster care and eligible young adults who were formerly in
24	foster care which accomplish the goals for the system of
25	independent living transition services by providing and provide
26	the service components for services for foster children,
27	pursuant to as provided in subsection (4) (3), and services for
28	young adults who were formerly in foster care, pursuant to as
29	provided in subsection (5).
30	(d)  For children in foster care, independent living
31	transition services are not an alternative to adoption.
32	Independent living transition services may occur concurrently
33	with continued efforts to locate and achieve placement in
34	adoptive families for older children in foster care.
35	(2)  ELIGIBILITY.--
36	(a)  The department shall serve children who have reached
37	are 13 years of age but are not yet to 18 years of age and who
38	are in foster care by providing services pursuant to through the
39	program component of services for foster children provided in
40	subsection (4) (3). Children to be served must meet the
41	eligibility requirements set forth for specific services as
42	provided in this section and through department rule.
43	(b)  The department shall serve young adults who have
44	reached are 18 years of age but are not yet to 23 years of age
45	and who were in foster care when they turned 18 years of age by
46	providing services pursuant to through the program component of
47	services for young adults who were formerly in foster care in
48	subsection (5). Young adults Children to be served must meet the
49	eligibility requirements set forth for specific services in this
50	section and through department rule.
51	(3)  PREPARATION FOR INDEPENDENT LIVING.--
52	(a)  It is the intent of the Legislature for the Department
53	of Children and Family Services to assist older children in
54	foster care and young adults who exit foster care at age 18 in
55	making the transition to independent living and self-sufficiency
56	as adults. The department shall provide such children and young
57	adults with opportunities to participate in life skills
58	activities in their foster families and communities which are
59	reasonable and appropriate for their respective ages, and shall
60	provide them with services to build the skills and increase
61	their ability to live independently and become self-sufficient.
62	To support the provision of opportunities for participation in
63	age-appropriate life skills activities, the department shall:
64	1.  Develop a list of age-appropriate activities and
65	responsibilities to be offered to all children involved in
66	independent living transition services and their foster parents.
67	2.  Provide training for staff and foster parents to
68	address the issues of older children in foster care in
69	transitioning to adulthood, which shall include information on
70	supporting education and employment and providing opportunities
71	to participate in appropriate daily activities.
72	3.  Develop procedures to maximize the authority of foster
73	parents to approve participation in age-appropriate activities
74	of children in their care.
75	4.  Provide opportunities for older children in foster care
76	to interact with mentors.
77	5.  Develop and implement procedures for older children to
78	directly access and manage the personal allowance they receive
79	from the department in order to learn responsibility and
80	participate in age-appropriate life skills activities to the
81	extent feasible.
82	(b)  It is further the intent of the Legislature that each
83	child in foster care, his or her foster parents, if applicable,
84	and the department or community-based provider set early
85	achievement and career goals for the child's postsecondary
86	educational and work experience. The department and community-
87	based providers shall implement the model set forth in this
88	paragraph to help ensure that children in foster care are ready
89	for postsecondary education and the workplace.
90	1.  Children in foster care entering the ninth grade, their
91	foster parents, and the department or community-based provider
92	shall be active participants in choosing a post-high school goal
93	based upon both the abilities and interests of each child. The
94	goal shall accommodate the needs of children served in
95	exceptional education programs to the extent appropriate for
96	each individual. Such children may continue to follow the
97	courses outlined in the district school board student
98	progression plan. Children in foster care, with the assistance
99	of their foster parents, and the department or community-based
100	provider shall choose one of the following postsecondary goals:
101	a.  Attending a 4-year college or university, a community
102	college plus university, or a military academy;
103	b.  Receiving a 2-year postsecondary degree;
104	c.  Attaining a postsecondary career and technical
105	certificate or credential; or
106	d.  Beginning immediate employment after completion of a
107	high school diploma or its equivalent, or enlisting in the
108	military.
109	2.  In order to assist the child in foster care in
110	achieving his or her chosen goal, the department or community-
111	based provider shall, with the participation of the child and
112	foster parents, identify:
113	a.  The core courses necessary to qualify for a chosen
114	goal.
115	b.  Any elective courses which would provide additional
116	help in reaching a chosen goal.
117	c.  The grade point requirement and any additional
118	information necessary to achieve a specific goal.
119	d.  A teacher, other school staff member, employee of the
120	department or community-based care provider, or community
121	volunteer who would be willing to work with the child as an
122	academic advocate or mentor if foster parent involvement is
123	insufficient or unavailable.
124	3.  In order to complement educational goals, the
125	department and community-based providers are encouraged to form
126	partnerships with the business community to support internships,
127	apprenticeships, or other work-related opportunities.
128	4.  The department and community-based providers shall
129	ensure that children in foster care and their foster parents are
130	made aware of the postsecondary goals available and shall assist
131	in identifying the coursework necessary to enable the child to
132	reach the chosen goal.
133	(c)  All children in foster care and young adults formerly
134	in foster care are encouraged to take part in learning
135	opportunities that result from participation in community
136	service activities.
137	(d)  Children in foster care and young adults formerly in
138	foster care shall be provided with the opportunity to change
139	from one postsecondary goal to another, and each postsecondary
140	goal shall allow for changes in each individual's needs and
141	preferences. Any change, particularly a change that will result
142	in additional time required to achieve a goal, shall be made
143	with the guidance and assistance of the department or community-
144	based provider.
145	(4)(3)  PROGRAM COMPONENT OF SERVICES FOR FOSTER CHILDREN
146	IN FOSTER CARE.--The department shall provide the following
147	transition to independence services to children in foster care
148	who meet prescribed conditions and are determined eligible by
149	the department. The service categories available to children in
150	foster care which facilitate successful transition into
151	adulthood are:
152	(a)  Preindependent-living services.--
153	1.  Preindependent-living services include, but are not
154	limited to, life skills training, educational field trips, and
155	conferences. The specific services to be provided to a child
156	shall be determined using a preindependent-living assessment.
157	2.  A child who has reached 13 years of age but is not yet
158	to 15 years of age who is in foster care is eligible for such
159	services.
160	3.  The department shall conduct an annual staffing for
161	each child who has reached 13 years of age but is not yet 15
162	years of age to ensure that the preindependent-living training
163	and services to be provided as determined by the preindependent-
164	living assessment are being received and to evaluate the
165	progress of the child in developing the needed independent
166	living skills.
167	4.  At the first annual staffing that occurs following a
168	child's 14th birthday, and at each subsequent staffing, the
169	department shall provide to each child detailed information on
170	services provided by the Road-to-Independence Scholarship
171	Program, including requirements for eligibility; on other
172	grants, scholarships, and waivers that are available and should
173	be sought by the child with assistance from the department,
174	including, but not limited to, the Bright Futures Scholarship
175	Program, as provided in ss. 1009.53-1009.538; on application
176	deadlines; and on grade requirements for such programs.
177	5.  Information related to both the preindependent-living
178	assessment and all staffings, which shall be reduced to writing
179	and signed by the child participant, shall be included as a part
180	of the written report required to be provided to the court at
181	each judicial review held pursuant to s. 39.701.
182	(b)  Life skills services.--
183	1.  Life skills services may include, but are not limited
184	to, independent living skills training, including training to
185	develop banking and budgeting skills, interviewing skills,
186	parenting skills, educational support, employment training, and
187	counseling. Children receiving these services should also be
188	provided with information related to social security insurance
189	benefits and public assistance. The specific services to be
190	provided to a child shall be determined using an independent
191	life skills assessment.
192	2.  A child who has reached 15 years of age but is not yet
193	to 18 years of age who is in foster care is eligible for such
194	services.
195	3.  The department shall conduct a staffing at least once
196	every 6 months for each child who has reached 15 years of age
197	but is not yet 18 years of age to ensure that the appropriate
198	independent living training and services as determined by the
199	independent life skills assessment are being received and to
200	evaluate the progress of the child in developing the needed
201	independent living skills.
202	4.  The department shall provide to each child in foster
203	care during the calendar month following the child's 17th
204	birthday an independent-living assessment to determine the
205	child's skills and abilities to live independently and become
206	self-sufficient. Based on the results of the independent-living
207	assessment, services and training shall be provided in order for
208	the child to develop the necessary skills and abilities prior to
209	the child's 18th birthday.
210	5.  Information related to both the independent life skills
211	assessment and all staffings, which shall be reduced to writing
212	and signed by the child participant, shall be included as a part
213	of the written report required to be provided to the court at
214	each judicial review held pursuant to s. 39.701.
215	(c)  Subsidized independent living services.--
216	1.  Subsidized independent living services are living
217	arrangements that allow the child to live independently of the
218	daily care and supervision of an adult in a setting that is not
219	required to be licensed under s. 409.175.
220	2.  A child who has reached 16 years of age but is not yet
221	to 18 years of age is eligible for such services if he or she:
222	a.  Is adjudicated dependent under chapter 39; has been
223	placed in licensed out-of-home care for at least 6 months prior
224	to entering subsidized independent living; and has a permanency
225	goal of adoption, independent living, or long-term licensed
226	care; and
227	b.  Is able to demonstrate independent living skills, as
228	determined by the department, using established procedures and
229	assessments.
230	3.  Independent living arrangements established for a child
231	must be part of an overall plan leading to the total
232	independence of the child from the department's supervision. The
233	plan must include, but need not be limited to, a description of
234	the skills of the child and a plan for learning additional
235	identified skills; the behavior that the child has exhibited
236	which indicates an ability to be responsible and a plan for
237	developing additional responsibilities, as appropriate; a plan
238	for future educational, vocational, and training skills; present
239	financial and budgeting capabilities and a plan for improving
240	resources and ability; a description of the proposed residence;
241	documentation that the child understands the specific
242	consequences of his or her conduct in the independent living
243	program; documentation of proposed services to be provided by
244	the department and other agencies, including the type of service
245	and the nature and frequency of contact; and a plan for
246	maintaining or developing relationships with the family, other
247	adults, friends, and the community, as appropriate.
248	4.  Subsidy payments in an amount established by the
249	department may be made directly to a child under the direct
250	supervision of a caseworker or other responsible adult approved
251	by the department.
252	(4)  PARTICIPATION IN LIFE SKILLS ACTIVITIES.--In order to
253	assist older children in foster care, ages 13 to 18 years of
254	age, with the transition to independent living as adults, the
255	program must provide them with opportunities to participate in
256	and learn from life skills activities in their foster families
257	and communities which are reasonable and appropriate for their
258	age. Such activities may include, but are not limited to,
259	managing money earned from a job, taking driver's education, and
260	participating in after-school or extracurricular activities.
261	To support these opportunities for participation in age-
262	appropriate life skills activities, the department may:
263	(a)  Develop, with children in the program and their foster
264	parents, a list of age-appropriate activities and
265	responsibilities to be presented to all children involved in
266	independent living transition services and their foster parents.
267	(b)  Provide training for staff and foster parents which
268	addresses issues of older children in foster care and the
269	transition to adulthood, including supporting education and
270	employment and providing opportunities to participate in
271	appropriate daily activities.
272	(c)  Develop procedures to maximize the authority of foster
273	parents to approve participation in age-appropriate activities
274	of children in their care.
275	(d)  Provide opportunities for older children in foster
276	care to interact with mentors.
277	(e)  Develop and implement procedures for older children to
278	directly access and manage the personal allowance they receive
279	from the department in order to learn responsibility and
280	participate in age-appropriate life skills activities to the
281	extent feasible.
282	(5)  PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS
283	FORMERLY IN FOSTER CARE.--Based on the availability of funds,
284	the department shall provide or arrange for the following
285	services to young adults formerly in foster care who meet the
286	prescribed conditions and are determined eligible by the
287	department. The categories of services available to assist a
288	young adult formerly in foster care to achieve independence are:
289	(a)  Aftercare support services.--
290	1.  Aftercare support services are available to assist
291	young adults who were formerly in foster care in their efforts
292	to continue to develop the skills and abilities necessary for
293	independent living. The aftercare support services available
294	include, but are not limited to, the following referrals to
295	resources in the community for:
296	a.  Mentoring and tutoring.
297	b.  Mental health services and substance abuse counseling.
298	c.  Life skills classes, including credit management and
299	preventive health activities.
300	d.  Parenting classes.
301	e.  Job skills training.
302	f.  Counselor consultations.
303	g.  Temporary financial assistance.
304
305	The specific services to be provided under this subparagraph
306	shall be determined by an aftercare services assessment and may
307	be provided by the department or through referrals in the
308	community. Temporary assistance may be provided to prevent
309	homelessness shall be provided as expeditiously as possible and
310	within the limitations defined by the department.
311	2.  A young adult who has reached 18 years of age but is
312	not yet to 23 years of age who leaves foster care at 18 years of
313	age but who requests services prior to reaching 23 years of age
314	is eligible for such services.
315	(b)  Road-to-Independence Scholarship Program.--
316	1.  The Road-to-Independence Scholarship Program is
317	intended to help eligible students who are former foster
318	children in this state to receive the educational and vocational
319	training needed to achieve independence. The amount of the award
320	shall be based on the living and educational needs of the young
321	adult and may be up to, but shall not exceed, equal the amount
322	of earnings that the student would have been eligible to earn
323	working a 40-hour-a-week federal minimum wage job, after
324	considering other grants and scholarships that are in excess of
325	the educational institutions' fees and costs, and contingent
326	upon available funds. Students eligible for the Road-to-
327	Independence Scholarship Program may also be eligible for
328	educational fee waivers for workforce development postsecondary
329	programs, community colleges, and universities, pursuant to s.
330	1009.25(2)(c).
331	2.  A young adult who has reached 18 years of age but is
332	not yet to 21 years of age is eligible for the initial award,
333	and a young adult under 23 years of age is eligible for renewal
334	awards, if he or she:
335	a.  Was Is a dependent child, pursuant to chapter 39, and
336	was is living in licensed foster care or in subsidized
337	independent living at the time of his or her 18th birthday;
338	b.  Has Spent at least 6 months living in foster care
339	before reaching his or her 18th birthday;
340	c.  Is a resident of this state as defined in s. 1009.40;
341	and
342	d.  Meets one of the following qualifications:
343	(I)  Has earned a standard high school diploma or its
344	equivalent as described in s. 1003.43 or s. 1003.435, or has
345	earned a special diploma or special certificate of completion as
346	described in s. 1003.438, and has been admitted for full-time
347	enrollment in an eligible postsecondary education institution as
348	defined in s. 1009.533;
349	(II)  Is enrolled full time in an accredited high school,
350	is within 2 years of graduation, and has maintained a grade
351	point average of at least 2.0 on a scale of 4.0 for the two
352	semesters preceding the date of his or her 18th birthday; or
353	(III)  Is enrolled full time in an accredited adult
354	education program designed to provide the student with a high
355	school diploma or its equivalent, is making satisfactory
356	progress in that program as certified by the program, and is
357	within 2 years of graduation.
358	3.  A young adult applying for a Road-to-Independence
359	Scholarship must apply for any other grants and scholarships for
360	which he or she may qualify. The department shall assist the
361	young adult in the application process and may use the federal
362	financial aid grant process to determine the funding needs of
363	the young adult.
364	4.  The amount of the award, whether it is being used by a
365	young adult working towards completion of a high school diploma
366	or its equivalent or working towards completion of a
367	postsecondary education program, shall be determined based on an
368	assessment of the funding needs of the young adult. This
369	assessment shall consider the young adult's living and
370	educational costs and other grants, scholarships, waivers,
371	earnings, and other income to be received by the young adult. An
372	award shall be available only to the extent that other grants
373	and scholarships are not sufficient to meet the living and
374	educational needs of the young adult, but an award shall not be
375	less than $25 in order to maintain Medicaid eligibility for the
376	young adult as provided in s. 409.903.
377	5.3.a.  The department must advertise the availability of
378	the program and must ensure that the children and young adults
379	leaving foster care, foster parents, or family services
380	counselors are informed of the availability of the program and
381	the application procedures.
382	b.  A young adult must apply for the initial award during
383	the 6 months immediately preceding his or her 18th birthday and
384	the department shall provide assistance with the application
385	process. A young adult who fails to make an initial application,
386	but who otherwise meets the criteria for an initial award, may
387	make one application for the initial award if such application
388	is made before the young adult's 21st birthday. If the young
389	adult does not apply for an initial award before his or her 18th
390	birthday, the department shall inform that young adult of the
391	opportunity to apply before turning 21 years of age.
392	c.  If funding for the program is available, the department
393	shall issue awards from the scholarship program for each young
394	adult who meets all the requirements of the program.
395	d.  An award shall be issued at the time the eligible
396	student reaches 18 years of age.
397	e.  A young adult who is eligible for the Road-to-
398	Independence Program and who so desires shall be allowed to
399	remain in the licensed foster family or group care provider with
400	whom he or she was residing at the time of attaining his or her
401	18th birthday.
402	f.e.  If the award recipient transfers from one eligible
403	institution to another and continues to meet eligibility
404	requirements, the award must be transferred with the recipient.
405	g.f.  Scholarship funds awarded to any eligible young adult
406	under this program are in addition to any other services
407	provided to the young adult by the department through its
408	independent living transition services.
409	h.g.  The department shall provide information concerning
410	young adults receiving the Road-to-Independence Scholarship to
411	the Department of Education for inclusion in the student
412	financial assistance database, as provided in s. 1009.94.
413	i.h.  Scholarship funds are intended to help eligible
414	students who are former foster children in this state to receive
415	the educational and vocational training needed to become
416	independent and self-supporting. Such funds shall be terminated
417	when the young adult has attained one of four postsecondary
418	goals pursuant to subsection (3) a bachelor of arts or bachelor
419	of science degree, or equivalent undergraduate degree, or
420	reaches 23 years of age, whichever occurs earlier. In order to
421	initiate postsecondary education, to allow for a change in
422	career goal, or to obtain additional skills in the same
423	educational or vocational area, a young adult may earn no more
424	than two diplomas, certificates, or credentials. A young adult
425	attaining an associate of arts or associate of science degree
426	shall be permitted to work towards completion of a bachelor of
427	arts or a bachelor of science degree or an equivalent
428	undergraduate degree. Road-to-Independence Scholarship funds
429	shall not be used for education or training after a young adult
430	has attained a bachelor of arts or a bachelor of science degree
431	or an equivalent undergraduate degree.
432	j.i.  The department shall evaluate and renew each award
433	annually during the 90-day period before the young adult's
434	birthday. In order to be eligible for a renewal award for the
435	subsequent year, the young adult must:
436	(I)  Complete the number of at least 12 semester hours, or
437	the equivalent considered full time by the educational
438	institution, in the last academic year in which the young adult
439	earned a scholarship, except for a young adult who meets the
440	requirements of s. 1009.41.
441	(II)  Maintain appropriate progress as required by the
442	educational institution the cumulative grade point average
443	required by the scholarship program, except that, if the young
444	adult's progress is grades are insufficient to renew the
445	scholarship at any time during the eligibility period, the young
446	adult may restore eligibility by improving his or her progress
447	the grade point average to the required level.
448	k.j.  Scholarship funds may be terminated during the
449	interim between an award and the evaluation for a renewal award
450	if the department determines that the award recipient is no
451	longer enrolled in an educational institution as defined in sub-
452	subparagraph 2.d., or is no longer a state resident. The
453	department shall notify a student who is terminated and inform
454	the student of his or her right to appeal.
455	l.k.  An award recipient who does not qualify for a renewal
456	award or who chooses not to renew the award may subsequently
457	apply for reinstatement. An application for reinstatement must
458	be made before the young adult reaches 23 years of age, and a
459	student may not apply for reinstatement more than once. In order
460	to be eligible for reinstatement, the young adult must meet the
461	eligibility criteria and the criteria for award renewal for the
462	scholarship program.
463	l.  A young adult receiving continued services of the
464	foster care program under former s. 409.145(3) must transfer to
465	the scholarship program by July 1, 2003.
466	(c)  Transitional support services.--
467	1.  In addition to any services provided through after care
468	support or the Road-to-Independence Scholarship, a young adult
469	formerly in foster care, may receive other appropriate short-
470	term services, which may include financial, housing, counseling,
471	employment, education, mental health, disability, and other
472	services, if the young adult demonstrates that the services are
473	critical to the young adult's own efforts to achieve self-
474	sufficiency and to develop a personal support system.
475	2.  A young adult formerly in foster care is eligible to
476	apply for transitional support services if he or she has reached
477	is 18 years of age but is not yet to 23 years of age, was a
478	dependent child pursuant to chapter 39, was living in licensed
479	foster care or in subsidized independent living at the time of
480	his or her 18th birthday, and had spent at least 6 months living
481	in foster care before that date.
482	3.  If at any time the services are no longer critical to
483	the young adult's own efforts to achieve self-sufficiency and to
484	develop a personal support system, they shall be terminated.
485	(d)  Payment of aftercare, scholarship, or transitional
486	support funds.--Payment of aftercare, scholarship, or
487	transitional support funds shall be made directly to the
488	recipient unless the recipient requests in writing to the
489	community-based care lead agency, or the department, that the
490	payments or a portion of the payments be made directly on the
491	recipient's behalf in order to secure services such as housing,
492	counseling, education, or employment training as part of the
493	young adult's own efforts to achieve self-sufficiency that the
494	payments or a portion of the payments be made directly to a
495	licensed foster family or group care provider with whom the
496	recipient was residing at the time of attaining the 18th
497	birthday and with whom the recipient desires to continue to
498	reside. If a young adult and the former foster parent agree that
499	the young adult shall continue to live in the foster home while
500	receiving aftercare, scholarship, or transitional support funds,
501	the caregiver shall establish written expectations for the young
502	adult's behavior and responsibilities. The young adult who
503	continues with a foster family shall not be included as a child
504	in calculating any licensing restriction on the number of
505	children in the foster home.
506	(e)  Appeals process.--
507	1.  The Department of Children and Family Services shall
508	adopt by rule a procedure by which a young adult may appeal an
509	eligibility determination or the department's failure to provide
510	aftercare, scholarship, or transitional support services, or the
511	termination of such services, if such funds are available.
512	2.  The procedure developed by the department must be
513	readily available to young adults, must provide timely
514	decisions, and must provide for an appeal to the Secretary of
515	Children and Family Services. The decision of the secretary
516	constitutes final agency action and is reviewable by the court
517	as provided in s. 120.68.
518	(6)  ACCOUNTABILITY.--The department shall develop outcome
519	measures for the program and other performance measures.
520	(7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL
521	WORKGROUP.--The Secretary of Children and Family Services shall
522	establish the Independent Living Services Advisory Council for
523	the purpose of reviewing and making recommendations concerning
524	the implementation and operation of the independent living
525	transition services. This advisory council shall continue to
526	function as specified in this subsection until the Legislature
527	determines that the advisory council can no longer provide a
528	valuable contribution to the department's efforts to achieve the
529	goals of the independent living transition services.
530	(a)  Specifically, the advisory council workgroup, which,
531	at a minimum, shall include representatives from the Department
532	of Children and Family Services, the Agency for Workforce
533	Innovation, the Department of Education, the Agency for Health
534	Care Administration, the State Youth Advisory Board, Workforce
535	Florida, Inc., and foster parents. The workgroup shall assess
536	the implementation and operation of the system of independent
537	living transition services and advise the department on actions
538	that would improve the ability of the independent living
539	transition services to meet the established goals. The advisory
540	council workgroup shall keep the department informed of problems
541	being experienced with the services, barriers to the effective
542	and efficient integration of services and support across
543	systems, and successes that the system of independent living
544	transition services has achieved. The department shall consider,
545	but is not required to implement, the recommendations of the
546	advisory council workgroup.
547	(b)  For the 2002-2003 and 2003-2004 fiscal years, The
548	advisory council workgroup shall report to the appropriate
549	substantive committees of the Senate and the House of
550	Representatives on the status of the implementation of the
551	system of independent living transition services; efforts to
552	publicize the availability of aftercare support services, the
553	Road-to-Independence Scholarship Program, and transitional
554	support services; specific barriers to financial aid created by
555	the scholarship and possible solutions; the success of the
556	services; problems identified; recommendations for department or
557	legislative action; and the department's implementation of the
558	recommendations contained in the Independent Living Services
559	Integration Workgroup Report submitted to the Senate and the
560	House substantive committees December 31, 2002.  This advisory
561	council workgroup report shall is to be submitted by December 31
562	of each year that the council is in existence December 31, 2003,
563	and December 31, 2004, and shall be accompanied by a report from
564	the department which identifies the recommendations of the
565	advisory council workgroup and either describes the department's
566	actions to implement these recommendations or provides the
567	department's rationale for not implementing the recommendations.
568	(c)  Members of the advisory council shall be appointed by
569	the secretary of the department. The membership of the advisory
570	council must include, at a minimum, representatives from the
571	headquarters and district offices of the Department of Children
572	and Family Services, community-based care lead agencies, the
573	Agency for Workforce Innovation, the Department of Education,
574	the Agency for Health Care Administration, the State Youth
575	Advisory Board, Workforce Florida, Inc., the Statewide Guardian
576	Ad Litem Office, foster parents, and advocates for foster
577	children. The secretary shall determine the length of the term
578	to be served by each member appointed to the advisory council,
579	which may not exceed 4 years.
580	(8)  PERSONAL PROPERTY.--Property acquired on behalf of
581	clients of this program shall become the personal property of
582	the clients and is not subject to the requirements of chapter
583	273 relating to state-owned tangible personal property. Such
584	property continues to be subject to applicable federal laws.
585	(9)  RULEMAKING.--The department shall adopt by rule
586	procedures to administer this section, including balancing
587	provision for the proportional reduction of scholarship awards
588	when adequate funds are not available for all applicants. These
589	rules shall balance the goals of normalcy and safety for the
590	youth and providing provide the caregivers with as much
591	flexibility as possible to enable the youth to participate in
592	normal life experiences. The department shall not adopt rules
593	relating to reductions in scholarship awards. The department
594	shall engage in appropriate planning to prevent, to the extent
595	possible, a reduction in scholarship awards after issuance.
596	Section 2.  Subsections (6) through (8) of section 39.701,
597	Florida Statutes, are renumbered as subsections (7) through (9),
598	respectively, present subsection (6) is amended, paragraph (j)
599	is added to present subsection (7), and a new subsection (6) is
600	added to said section, to read:
601	39.701  Judicial review.--
602	(6)(a)  In addition to the provisions of s. 39.701(1)(a)
603	and (2)(a), the court shall hold a judicial review hearing
604	within 90 days after a child's 17th birthday and shall continue
605	to hold timely judicial review hearings. In addition, the court
606	may review the status of the child more frequently during the
607	year prior to the child's 18th birthday if necessary. At each
608	review held pursuant to this subsection, in addition to any
609	information or report provided to the court, the foster parent,
610	legal custodian, guardian ad litem, and the child shall be given
611	the opportunity to address the court with any information
612	relevant to the child's best interests, particularly as it
613	relates to the provision of independent living transition
614	services. In addition to any information or report provided to
615	the court, the department shall include in its judicial review
616	social study report written verification that the child:
617	1.  Has been provided with a current Medicaid card.
618	2.  Has been provided with a certified copy of his or her
619	birth certificate and, if the child does not have a valid
620	driver's license, a Florida identification card issued pursuant
621	to s. 322.051.
622	3.  Has been provided information relating to Social
623	Security Insurance benefits if the child is eligible for such
624	benefits. If the child has received these benefits and they are
625	being held in trust for the child, a full accounting of those
626	funds shall be provided and the child must be informed about how
627	to access those funds.
628	4.  Has been provided with information and training related
629	to budgeting skills, interviewing skills, and parenting skills.
630	5.  Has been provided with all relevant information related
631	to the Road-to-Independence Scholarship, including, but not
632	limited to, eligibility requirements, forms necessary to apply,
633	and assistance in completing the forms.
634	6.  Has an open bank account, or has identification
635	necessary to open such an account, and has been provided with
636	essential banking skills.
637	7.  Has been provided with information on public assistance
638	and how to apply.
639	8.  Has been provided a clear understanding of where he or
640	she will be living on his or her 18th birthday, how living
641	expenses will be paid, and what educational program or school he
642	or she will be enrolled in.
643	(b)  At the first judicial review hearing held subsequent
644	to the child's 17th birthday, in addition to the requirements of
645	subsection (7), the department shall provide the court with an
646	updated case plan that includes specific information related to
647	independent living services that have been provided since the
648	child's 13th birthday, or since the date the child came into
649	foster care, whichever came later.
650	(c)  At the time of a judicial review hearing held pursuant
651	to this subsection, if, in the opinion of the court, the
652	department has not complied with its obligations as specified in
653	the written case plan or in the provision of independent living
654	services as required by s. 409.1451 and this subsection, the
655	court shall issue a show cause order. If cause is shown for
656	failure to comply, the court shall give the department 30 days
657	within which to comply and, on failure to comply with this or
658	any subsequent order, the department may be held in contempt.
659	(7)(6)(a)  Prior to every judicial review hearing or
660	citizen review panel hearing, the social service agency shall
661	make an investigation and social study concerning all pertinent
662	details relating to the child and shall furnish to the court or
663	citizen review panel a written report that includes, but is not
664	limited to:
665	1.  A description of the type of placement the child is in
666	at the time of the hearing, including the safety of the child
667	and the continuing necessity for and appropriateness of the
668	placement.
669	2.  Documentation of the diligent efforts made by all
670	parties to the case plan to comply with each applicable
671	provision of the plan.
672	3.  The amount of fees assessed and collected during the
673	period of time being reported.
674	4.  The services provided to the foster family or legal
675	custodian in an effort to address the needs of the child as
676	indicated in the case plan.
677	5.  A statement that either:
678	a.  The parent, though able to do so, did not comply
679	substantially with the provisions of the case plan, and the
680	agency recommendations;
681	b.  The parent did substantially comply with the provisions
682	of the case plan; or
683	c.  The parent has partially complied with the provisions
684	of the case plan, with a summary of additional progress needed
685	and the agency recommendations.
686	6.  A statement from the foster parent or legal custodian
687	providing any material evidence concerning the return of the
688	child to the parent or parents.
689	7.  A statement concerning the frequency, duration, and
690	results of the parent-child visitation, if any, and the agency
691	recommendations for an expansion or restriction of future
692	visitation.
693	8.  The number of times a child has been removed from his
694	or her home and placed elsewhere, the number and types of
695	placements that have occurred, and the reason for the changes in
696	placement.
697	9.  The number of times a child's educational placement has
698	been changed, the number and types of educational placements
699	which have occurred, and the reason for any change in placement.
700	10.  If the child has reached 13 years of age but is not
701	yet 18 years of age, the results of the preindependent-living,
702	life-skills, or independent-living assessment, the specific
703	services needed, and the status of the delivery of the
704	identified services.
705	11.10.  Copies of all medical, psychological, and
706	educational records that support the terms of the case plan and
707	that have been produced concerning the child, parents, or any
708	caregiver since the last judicial review hearing.
709	(b)  A copy of the social service agency's written report
710	and the written report of the guardian ad litem must be served
711	on all parties whose whereabouts are known; to the foster
712	parents or legal custodians; and to the citizen review panel, at
713	least 72 hours before the judicial review hearing or citizen
714	review panel hearing. The requirement for providing parents with
715	a copy of the written report does not apply to those parents who
716	have voluntarily surrendered their child for adoption or who
717	have had their parental rights to the child terminated.
718	(c)  In a case in which the child has been permanently
719	placed with the social service agency, the agency shall furnish
720	to the court a written report concerning the progress being made
721	to place the child for adoption. If the child cannot be placed
722	for adoption, a report on the progress made by the child towards
723	alternative permanency goals or placements, including, but not
724	limited to, guardianship, long-term custody, long-term licensed
725	custody, or independent living, must be submitted to the court.
726	The report must be submitted to the court at least 72 hours
727	before each scheduled judicial review.
728	(d)  In addition to or in lieu of any written statement
729	provided to the court, the foster parent or legal custodian, or
730	any preadoptive parent, shall be given the opportunity to
731	address the court with any information relevant to the best
732	interests of the child at any judicial review hearing.
733	(8)(7)  The court and any citizen review panel shall take
734	into consideration the information contained in the social
735	services study and investigation and all medical, psychological,
736	and educational records that support the terms of the case plan;
737	testimony by the social services agency, the parent, the foster
738	parent or legal custodian, the guardian ad litem if one has been
739	appointed for the child, and any other person deemed
740	appropriate; and any relevant and material evidence submitted to
741	the court, including written and oral reports to the extent of
742	their probative value. These reports and evidence may be
743	received by the court in its effort to determine the action to
744	be taken with regard to the child and may be relied upon to the
745	extent of their probative value, even though not competent in an
746	adjudicatory hearing. In its deliberations, the court and any
747	citizen review panel shall seek to determine:
748	(j)  For a child who has reached 13 years of age but is not
749	yet 18 years of age, the adequacy of the child's preparation for
750	adulthood and independent living.
751	Section 3.  Paragraph (c) of subsection (2) of section
752	1009.25, Florida Statutes, is amended to read:
753	1009.25  Fee exemptions.--
754	(2)  The following students are exempt from the payment of
755	tuition and fees, including lab fees, at a school district that
756	provides postsecondary career and technical programs, community
757	college, or state university:
758	(c)  A student who to whom the state has determined is
759	eligible for the awarded a Road-to-Independence Scholarship,
760	regardless of whether an award is issued or not, or a student
761	who is or was at the time he or she reached 18 years of age in
762	the custody of a relative under s. 39.5085, or who is adopted
763	from the Department of Children and Family Services after May 5,
764	1997. Such exemption includes fees associated with enrollment in
765	vocational-preparatory instruction and completion of the
766	college-level communication and computation skills testing
767	program. Such an exemption is available to any student who was
768	in the custody of a relative under s. 39.5085 at the time he or
769	she reached 18 years of age or was adopted from the Department
770	of Children and Family Services after May 5, 1997; however, the
771	exemption remains valid for no more than 4 years after the date
772	of graduation from high school.
773	Section 4.  Pursuant to section 11.45(2), Florida Statutes,
774	the Auditor General shall perform both an operational audit and
775	a performance audit, as defined in s. 11.45(1), Florida
776	Statutes, of the independent living transition services program
777	within the Department of Children and Family Services and shall
778	submit a report to the Governor, the President of the Senate,
779	the Speaker of the House of Representatives, the Secretary of
780	Children and Family Services, and the appropriate substantive
781	committees of the Senate and the House of Representatives no
782	later than February 28, 2005.
783	Section 5.  The Office of Program Policy Analysis and
784	Government Accountability develop recommendations for the
785	minimum system standards for the independent living transition
786	services system required in s. 409.1451(6), Florida Statutes.
787	These recommendations shall be developed with advice from the
788	key stakeholders in the independent living transition service
789	system, including, but not limited to, independent living
790	services staff of the Department of Children and Family Services
791	and community-based care lead agencies, representatives of the
792	State Youth Advisory Board, other youth and young adults who are
793	or have been in the foster care system, foster parents, and
794	representatives from other state agencies and community service
795	providers who are involved in serving this population. These
796	recommendations shall be provided to the Department of Children
797	and Family Services on or before November 30, 2004.
798	Section 6.  This act shall take effect upon becoming a law.
799
800	================= T I T L E  A M E N D M E N T =================
801	Remove the entire title and insert:
802	A bill to be entitled
803	An act relating to independent living transition services;
804	amending s. 409.1451, F.S.; authorizing community-based
805	providers to administer an independent living transition
806	services system; providing legislative intent regarding
807	assistance to older children in foster care; requiring the
808	Department of Children and Family Services to provide certain
809	skills assessment and training to such children; providing
810	guidelines to develop such training; providing certain
811	educational goals; revising provisions governing a young adult's
812	preparation for independent living; requiring the department to
813	conduct an assessment and inform the child of certain
814	scholarships, grants, and awards; providing that such assessment
815	be included in a certain report during judicial review; removing
816	life skills activities guidelines for young adults who were
817	formerly in foster care; revising aftercare services; providing
818	a limitation on the amount of an award; providing additional
819	qualifications to receive the award; providing that a young
820	adult who is eligible to receive such award may remain with the
821	foster family or group care provider beyond his or her age of
822	majority; providing a limitation on the number of diplomas,
823	certificates, or the equivalent an award recipient may receive;
824	revising payment options for aftercare, scholarship, or
825	transitional support funds; abolishing the independent living
826	services workgroup; creating the Independent Living Services
827	Advisory Council; providing duties and responsibilities;
828	requiring an annual report; providing membership criteria;
829	revising the department's rulemaking authority; amending s.
830	39.701, F.S.; requiring a judicial review hearing within a
831	certain timeframe for each child in foster care; requiring that
832	the court certify that such child has received certain
833	information; providing that the department may be held in
834	contempt; requiring that information from the preindependent
835	living assessment be provided to the courts; requiring the court
836	to determine the child's preparation for independence; amending
837	s. 1009.25, F.S.; revising requirements specifying the students
838	who are exempt from paying tuition and fees; requiring the
839	Auditor General to perform an audit of the program and submit a
840	report; requiring the Office of Program Policy Analysis and
841	Government Accountability to develop recommendations and summit
842	a report; providing an effective date.

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