Senate Bill sb0512c1

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    Florida Senate - 2004                            CS for SB 512

    By the Committee on Children and Families; and Senator Lynn





    300-1344-04

  1                      A bill to be entitled

  2         An act relating to independent living

  3         transition services; amending s. 409.1451,

  4         F.S.; authorizing community-based providers to

  5         administer the independent living transition

  6         services; deleting references to children in

  7         foster care; adding references to children in

  8         the legal custody of the Department of Children

  9         and Family Services; defining children in the

10         legal custody of the department to include

11         children in the legal custody of a lead

12         community-based provider; revising provisions

13         governing a young adult's preparation for

14         independent living; providing for the

15         department to conduct an independent-living

16         assessment and inform the child of the

17         Road-to-Independence Scholarship Program;

18         revising the scholarship award amount; creating

19         a high school scholarship award and a

20         postsecondary education award; providing the

21         amounts for each award; establishing

22         eligibility criteria for each award; providing

23         requirements for the needs assessment for a

24         postsecondary education scholarship; providing

25         strategies if sufficient program funds are not

26         available; providing for enrollment periods;

27         expanding the eligibility requirements for

28         renewal awards; limiting the transitional

29         support services that young adults receiving a

30         scholarship may receive; requiring each

31         district or lead community-based provider to

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    Florida Senate - 2004                            CS for SB 512
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 1         submit an annual plan for meeting the agency's

 2         specified obligations; abolishing the

 3         Independent Living Services Workgroup; creating

 4         the Independent Living Services Advisory Group

 5         to review and evaluate the operation of the

 6         department's independent living transition

 7         services; providing for the activities of the

 8         Independent Living Services Advisory Group;

 9         requiring the Independent Living Services

10         Advisory Group to report to the Senate and the

11         House of Representatives; providing for

12         membership on the advisory group; eliminating

13         the department's rulemaking authority to

14         proportionally reduce the scholarship awards;

15         amending s. 39.701, F.S.; requiring that

16         information from the independent-living

17         assessment be provided to the courts; requiring

18         the court to attempt to determine the child's

19         preparation for independence; amending s.

20         1009.25, F.S.; revising requirements specifying

21         the students who are exempt from paying tuition

22         and fees; providing an effective date.

23  

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

25  

26         Section 1.  Subsections (1), (2), (3), (4), (5), (6),

27  (7), and (9) of section 409.1451, Florida Statutes, are

28  amended to read:

29         409.1451  Independent living transition services.--

30         (1)  SYSTEM OF SERVICES.--

31  

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    Florida Senate - 2004                            CS for SB 512
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 1         (a)  The Department of Children and Family Services, or

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

 3  s. 409.1671 shall administer a system of independent living

 4  transition services to enable older children in the legal

 5  custody of the department foster care and young adults who

 6  exit the legal custody of the department foster care at age 18

 7  to make the transition to self-sufficiency as adults.

 8         (b)  The goals of independent living transition

 9  services are to assist older children in the legal custody of

10  the department foster care and young adults who were formerly

11  in the legal custody of the department foster care to obtain

12  life skills and education for independent living and

13  employment, to have a quality of life appropriate for their

14  age, and to assume personal responsibility for becoming

15  self-sufficient adults.

16         (c)  State funds for foster care or federal funds shall

17  be used to establish a continuum of services for eligible

18  children in the legal custody of the department foster care

19  and eligible young adults who were formerly in the legal

20  custody of the department foster care which accomplish the

21  goals for the independent living transition services and

22  provide the service components for services for foster

23  children in the legal custody of the department, as provided

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

25  formerly in the legal custody of the department foster care,

26  as provided in subsection (5).

27         (d)  For children in the legal custody of the

28  department foster care, independent living transition services

29  are not an alternative to adoption. Independent living

30  transition services may occur concurrently with continued

31  efforts to locate and achieve placement in adoptive families

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    Florida Senate - 2004                            CS for SB 512
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 1  for older children in the legal custody of the department

 2  foster care.

 3         (e)  As used in this section, the term "children in the

 4  legal custody of the department" includes children in the

 5  legal custody of a lead community-based provider operating

 6  pursuant to s. 409.1671.

 7         (2)  ELIGIBILITY.--

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

 9  18 years of age and who are in the legal custody of the

10  department foster care through the program component of

11  services for foster children in the legal custody of the

12  department provided in subsection (3). Children to be served

13  must meet the eligibility requirements set forth for specific

14  services as provided in this section and through department

15  rule.

16         (b)  The department shall serve young adults who are 18

17  to 23 years of age and who were in the legal custody of the

18  department foster care when they turned 18 years of age

19  through the program component of services for young adults who

20  were formerly in the legal custody of the department foster

21  care in subsection (5). Children to be served must meet the

22  eligibility requirements set forth for specific services in

23  this section and through department rule.

24         (3)  PROGRAM COMPONENT OF SERVICES FOR FOSTER CHILDREN

25  IN THE LEGAL CUSTODY OF THE DEPARTMENT.--The department shall

26  provide the following transition to independence services to

27  children in the legal custody of the department foster care

28  who meet prescribed conditions and are determined eligible by

29  the department. The service categories available to children

30  in the legal custody of the department foster care which

31  facilitate successful transition into adulthood are:

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 1         (a)  Preindependent-living services.--

 2         1.  Preindependent-living services include, but are not

 3  limited to, life skills training, educational field trips, and

 4  conferences. The specific services to be provided to a child

 5  shall be determined using a preindependent-living assessment.

 6         2.  A child 13 to 15 years of age who is in the legal

 7  custody of the department foster care is eligible for such

 8  services.

 9         (b)  Life skills services.--

10         1.  Life skills services may include, but are not

11  limited to, independent living skills training, educational

12  support, employment training, and counseling. The specific

13  services to be provided to a child shall be determined using

14  an independent life skills assessment.

15         2.  A child 15 to 18 years of age who is in the legal

16  custody of the department foster care is eligible for such

17  services.

18         (c)  Subsidized independent living services.--

19         1.  Subsidized independent living services are living

20  arrangements that allow the child to live independently of the

21  daily care and supervision of an adult in a setting that is

22  not required to be licensed under s. 409.175.

23         2.  A child 16 to 18 years of age is eligible for such

24  services if he or she:

25         a.  Is adjudicated dependent under chapter 39; has been

26  placed in licensed out-of-home care for at least 6 months

27  prior to entering subsidized independent living; and has a

28  permanency goal of adoption, independent living, or long-term

29  licensed care; and

30  

31  

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    Florida Senate - 2004                            CS for SB 512
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 1         b.  Is able to demonstrate independent living skills,

 2  as determined by the department, using established procedures

 3  and assessments.

 4         3.  Independent living arrangements established for a

 5  child must be part of an overall plan leading to the total

 6  independence of the child from the department's supervision.

 7  The plan must include, but need not be limited to, a

 8  description of the skills of the child and a plan for learning

 9  additional identified skills; the behavior that the child has

10  exhibited which indicates an ability to be responsible and a

11  plan for developing additional responsibilities, as

12  appropriate; a plan for future educational, vocational, and

13  training skills; present financial and budgeting capabilities

14  and a plan for improving resources and ability; a description

15  of the proposed residence; documentation that the child

16  understands the specific consequences of his or her conduct in

17  the independent living program; documentation of proposed

18  services to be provided by the department and other agencies,

19  including the type of service and the nature and frequency of

20  contact; and a plan for maintaining or developing

21  relationships with the family, other adults, friends, and the

22  community, as appropriate.

23         4.  Subsidy payments in an amount established by the

24  department may be made directly to a child under the direct

25  supervision of a caseworker or other responsible adult

26  approved by the department.

27         (4)  PREPARATION FOR INDEPENDENT LIVING PARTICIPATION

28  IN LIFE SKILLS ACTIVITIES.--In order to assist older children

29  in the legal custody of the department and, in particular,

30  children in foster care, ages 13 to 18 years of age, with the

31  transition to independent living as adults, the program must

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    Florida Senate - 2004                            CS for SB 512
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 1  provide them with opportunities to participate in and learn

 2  from life skills activities in their foster families and

 3  communities which are reasonable and appropriate for their age

 4  and with services to build the skills and ability to live

 5  independently and become self-sufficient. Such activities may

 6  include, but are not limited to, managing money earned from a

 7  job, taking driver's education, and participating in

 8  after-school or extracurricular activities.

 9         (a)  To support the provision of these opportunities

10  for participation in age-appropriate life skills activities,

11  the department may:

12         1.(a)  Develop, with children in the program and their

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

14  responsibilities to be presented to all children involved in

15  independent living transition services and their foster

16  parents.

17         2.(b)  Provide training for staff and foster parents

18  which addresses issues of older children in foster care and

19  their the transition to adulthood, including supporting

20  education and employment and providing opportunities to

21  participate in appropriate daily activities.

22         3.(c)  Develop procedures to maximize the authority of

23  foster parents to approve participation in age-appropriate

24  activities of children in their care.

25         4.(d)  Provide opportunities for older children in

26  foster care to interact with mentors.

27         5.(e)  Develop and implement procedures for older

28  children to directly access and manage the personal allowance

29  they receive from the department in order to learn

30  responsibility and participate in age-appropriate life skills

31  activities to the extent feasible.

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 1         (b)  The department shall provide the following

 2  services to each child in the legal custody of the department

 3  by the first day of the calendar month following the child's

 4  17th birthday:

 5         1.  An independent-living assessment to determine the

 6  child's skills and abilities to live independently and become

 7  self-sufficient and to determine whether the child possesses

 8  those tangible skills and abilities needed for a successful

 9  transition to adulthood and independence. Based on the results

10  of the independent-living assessment, services and training in

11  the transition to independent living shall be provided in

12  order for the child to develop the necessary skills and

13  abilities during the following year.

14         2.  Detailed information on the Road-to-Independence

15  Scholarship Program, including requirements for eligibility;

16  other grants, scholarships, and waivers that are available and

17  should be sought by the child with assistance from the

18  department, including, but not limited to, the Bright Futures

19  Scholarship Program, as provided in ss. 1009.53-1009.538;

20  application deadlines; and grade requirements.

21         (5)  PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS

22  FORMERLY IN THE LEGAL CUSTODY OF THE DEPARTMENT FOSTER

23  CARE.--Based on the availability of funds, the department

24  shall provide or arrange for the following services to young

25  adults formerly in the legal custody of the department foster

26  care who meet the prescribed conditions and are determined

27  eligible by the department. The categories of services

28  available to assist a young adult formerly in the legal

29  custody of the department foster care to achieve independence

30  are:

31         (a)  Aftercare support services.--

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    Florida Senate - 2004                            CS for SB 512
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 1         1.  Aftercare support services include, but are not

 2  limited to, referrals to resources in the community for:

 3         a.  Mentoring and tutoring.

 4         b.  Mental health services and substance abuse

 5  counseling.

 6         c.  Life skills classes, including credit management

 7  and preventive health activities.

 8         d.  Parenting classes.

 9         e.  Job skills training.

10  

11  The specific services to be provided under this subparagraph

12  shall be determined by an aftercare services assessment.

13  Temporary assistance may be provided to prevent homelessness

14  within the limitations defined by the department.

15         2.  A young adult 18 to 23 years of age who leaves the

16  legal custody of the department foster care at 18 years of age

17  but who requests services prior to reaching 23 years of age is

18  eligible for such services.

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

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

21  intended to help eligible students who were formerly are

22  former foster children in the legal custody of the department

23  this state to receive the educational and vocational training

24  needed to achieve independence. The amount of the award shall

25  equal the earnings that the student would have been eligible

26  to earn working a 40-hour-a-week federal minimum wage job,

27  after considering other grants and scholarships that are in

28  excess of the educational institutions' fees and costs, and

29  contingent upon available funds. Students eligible for the

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

31  for educational fee waivers for workforce development

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 1  postsecondary programs, community colleges, and universities,

 2  pursuant to s. 1009.25(2)(c). Two forms of scholarship awards

 3  shall be made available to help eligible students achieve

 4  their educational goals.

 5         a.  The high school scholarship award shall be

 6  available as an educational support for young adults working

 7  towards obtaining a high school diploma or its equivalent. The

 8  amount of the award shall be equal to the amount of the

 9  standard foster care board rate or, if the young adult has

10  been receiving subsidized independent living services, the

11  amount of the standard subsidized independent living board

12  rate. For a young adult who is not receiving an award based on

13  the standard subsidized independent living board rate, the

14  award may be provided as a continued board payment to the

15  foster parent or, at the request of the young adult, paid

16  directly to the young adult.

17         b.  The postsecondary education scholarship award shall

18  be available as an educational support for young adults

19  working towards completing a postsecondary education program.

20  The amount of the postsecondary education scholarship award

21  shall be based on the living and education needs of the young

22  adult and may not exceed the amount equal to 150 percent of

23  the maximum amount allowed by the federal education and

24  training voucher.

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

26  the initial award of the high school scholarship, or its

27  renewal and a young adult under 23 years of age is eligible

28  for renewal awards, if he or she:

29         a.  Is a dependent child, pursuant to chapter 39, and

30  is in the legal custody of the department living in licensed

31  

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    Florida Senate - 2004                            CS for SB 512
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 1  foster care or in subsidized independent living at the time of

 2  his or her 18th birthday;

 3         b.  Has spent at least 6 months in the legal custody of

 4  the department living in foster care before reaching his or

 5  her 18th birthday;

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

 7  1009.40; and

 8         d.  Meets one of the following qualifications:

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

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

11  been admitted for full-time enrollment in an eligible

12  postsecondary education institution as defined in s. 1009.533;

13         (I)(II)  Is enrolled full time in an accredited high

14  school, is within 2 years of graduation, and has maintained a

15  grade point average of at least 2.0 on a scale of 4.0 for the

16  two semesters preceding the date of his or her 18th birthday;

17  or

18         (II)(III)  Is enrolled full time in an accredited adult

19  education program designed to provide the student with a high

20  school diploma or its equivalent, is making satisfactory

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

22  within 2 years of graduation.

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

24  the initial award of the postsecondary education scholarship,

25  and a young adult younger than 23 years of age is eligible for

26  renewal awards, if he or she:

27         a.  Is a dependent child, pursuant to chapter 39, and

28  is in the legal custody of the department or in subsidized

29  independent living at the time of his or her 18th birthday;

30  

31  

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    Florida Senate - 2004                            CS for SB 512
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 1         b.  Has spent at least 6 months living in the legal

 2  custody of the department before reaching his or her 18th

 3  birthday;

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

 5  1009.40; and

 6         d.  Has earned a standard high school diploma or its

 7  equivalent as described in s. 1003.43 or s. 1003.435, has been

 8  admitted for full-time enrollment in an eligible postsecondary

 9  education institution as defined in s. 1009.5333, and has

10  maintained a grade point average of at least 2.0 on a scale of

11  4.0 for the two semesters preceding the date of his or her

12  18th birthday.

13         4.3.a.  The department must advertise the availability

14  of the Road-to-Independence Scholarship Program and must

15  ensure that the children in the legal custody of the

16  department and young adults leaving foster care, foster

17  parents, or family services counselors are informed of the

18  availability of both the scholarship awards program and the

19  application procedures upon initial receipt of independent

20  living transition services, upon turning 17 years of age

21  pursuant to subsection (4), and upon leaving the legal custody

22  of the department at 18 years of age.

23         b.  A young adult must apply for the initial award

24  during the 6 months immediately preceding his or her 18th

25  birthday. The department shall assist the young adult in

26  completing all forms necessary to determine eligibility for a

27  scholarship award. A young adult who fails to make an initial

28  application, but who otherwise meets the criteria for an

29  initial award, may make one application for the initial award

30  if such application is made before the young adult's 21st

31  birthday.

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    Florida Senate - 2004                            CS for SB 512
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 1         c.  A young adult who is applying for the scholarship

 2  award must apply for any other grants and scholarships for

 3  which he or she may qualify. The department shall assist the

 4  young adult in applying for these grants and scholarships.

 5         d.  The amount of the postsecondary education

 6  scholarship award shall be determined based on an assessment

 7  of the funding needs of the young adult. The assessment shall

 8  consider the young adult's living and educational costs and

 9  other grants, scholarships, waivers, and earnings to be

10  received by the young adult. The department may use the

11  federal financial aid grant process to determine the funding

12  needs of the young adult up to the level provided for in

13  sub-subparagraph 1.a. The amount of the scholarship award may

14  be reduced due to insufficient funds pursuant to

15  sub-subparagraph g.

16         e.  An award shall be issued for a 1-year period, with

17  the exception of the first year, which may be for a period

18  that is less than 1 year in order to coincide with a

19  designated enrollment period provided for in sub-subparagraph

20  p.

21         f.c.  If sufficient funding for the scholarship program

22  is available, the department shall issue awards from the

23  scholarship program for each young adult who meets all the

24  requirements of the program for the full amount determined by

25  the needs assessment.

26         g.  If sufficient funding for the program is not

27  available, the department may execute any or all of the

28  following strategies:

29         (I)  Reduce the postsecondary education awards to each

30  young adult as follows: reduce the awards during the

31  award-issuance period, in which case the reduction may not

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 1  exceed 10 percent of the funding need determined by the needs

 2  assessment for each young adult, and reduce the award at the

 3  annual renewal of awards, in which case the reduction may not

 4  exceed 25 percent of the need determined by the needs

 5  assessment for each young adult. The amount of the reduction

 6  applied shall be uniformly applied to all young adults

 7  receiving a postsecondary education scholarship award and

 8  reductions applied may not be cumulative.

 9         (II)  Reduce the high school scholarship awards to each

10  young adult as follows: reduce the awards during the

11  award-issuance period, in which case the reduction may not

12  exceed 5 percent of the award amount, and reduce the award at

13  the annual renewal of awards, in which case the reduction may

14  not exceed 20 percent of the award amount. The amount of the

15  reduction applied shall be uniformly applied to all young

16  adults receiving a high school scholarship award and

17  reductions applied may not be cumulative.

18         (III)  Cease issuance of initial scholarship awards and

19  create a waiting list of eligible young adults.

20         h.  If the department must execute any or all of the

21  strategies identified in sub-subparagraph g., young adults who

22  are receiving the high school scholarship award and who are

23  within 1 year of earning a high school diploma or its

24  equivalent shall have the highest priority for maintaining the

25  full award amount.

26         i.  Notwithstanding sub-subparagraph p., if funding

27  becomes available after a waiting list is created pursuant to

28  sub-subparagraph g., awards may be issued to young adults on

29  the waiting list at the time the funds are determined

30  available.

31  

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 1         j.d.  An award shall be issued at the time the eligible

 2  student reaches 18 years of age.

 3         k.e.  If the award recipient transfers from one

 4  eligible institution to another and continues to meet

 5  eligibility requirements, the scholarship award must be

 6  transferred with the recipient.

 7         l.f.  Scholarship funds awarded to any eligible young

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

 9  provided to the young adult by the department through its

10  independent living transition services.

11         m.g.  The department shall provide information

12  concerning young adults receiving the Road-to-Independence

13  Scholarship to the Department of Education for inclusion in

14  the student financial assistance database, as provided in s.

15  1009.94.

16         n.  High school scholarship award funds shall be

17  terminated when the young adult has attained a high school

18  diploma or its equivalent, or reaches 21 years of age,

19  whichever occurs earlier.

20         o.h.  Postsecondary education scholarship award funds

21  shall be terminated when the young adult has attained a

22  bachelor of arts or bachelor of science degree, or equivalent

23  undergraduate degree, or reaches 23 years of age, whichever

24  occurs earlier.

25         p.i.  The department shall annually evaluate and renew

26  each award for renewal during one of the 30-day-enrollment

27  periods. A minimum of two 30-day-enrollment periods shall be

28  held each year. The renewal award amount shall be determined

29  based on a needs assessment for the postsecondary education

30  scholarship as provided for in sub-subparagraph d. and funds

31  determined available by the department pursuant to

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 1  sub-subparagraphs f. and g. annually during the 90-day period

 2  before the young adult's birthday.

 3         q.  In order to be eligible for a renewal award for the

 4  subsequent year, the young adult must:

 5         (I)  Complete the minimum number of full-time at least

 6  12 semester hours, or the equivalent number considered

 7  full-time by the education institution, in the last academic

 8  year in which the young adult earned a scholarship, except for

 9  a young adult who meets the requirements of s. 1009.41.

10         (II)  Maintain a the cumulative 2.0 grade point

11  average, if receiving a postsecondary education scholarship

12  award.

13         (III)  Maintain appropriate progress, if receiving a

14  high school education scholarship award. required by the

15  scholarship program, except that,

16  

17  If the young adult's grades are insufficient to renew the

18  scholarship at any time during the eligibility period, the

19  young adult may restore eligibility by improving the grade

20  point average to the required level.

21         r.j.  Scholarship funds may be terminated during the

22  interim between an award and the evaluation for a renewal

23  award if the department determines that the award recipient is

24  no longer enrolled in an educational institution as defined in

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

26  department shall notify a student who is terminated and inform

27  the student of his or her right to appeal.

28         s.k.  An award recipient who does not qualify for a

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

30  subsequently apply for reinstatement. An application for

31  reinstatement must be made before the young adult reaches 23

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 1  years of age, if applying for a postsecondary scholarship

 2  award, or 21 years of age, if applying for a high school

 3  scholarship award, and a student may not apply for

 4  reinstatement more than once. In order to be eligible for

 5  reinstatement, the young adult must meet the eligibility

 6  criteria and the criteria for award renewal for the

 7  scholarship program, except that a young adult who does not

 8  meet the criteria for a renewal award shall be given one

 9  semester in the scholarship program. After one semester, the

10  renewal award criteria must be met in order for the young

11  adult to continue in the scholarship program.

12         l.  A young adult receiving continued services of the

13  foster care program under former s. 409.145(3) must transfer

14  to the scholarship program by July 1, 2003.

15         (c)  Transitional support services.--

16         1.  In addition to any services provided through

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

18  Scholarship, a young adult formerly in the legal custody of

19  the department foster care, may receive other appropriate

20  short-term services, not to exceed $ ___, which may include

21  financial, housing, counseling, employment, education and

22  other services, if the young adult demonstrates that the

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

24  achieve self-sufficiency and to develop a personal support

25  system.

26         2.  A young adult formerly in the legal custody of the

27  department foster care is eligible to apply for transitional

28  support services if he or she is 18 to 23 years of age, was a

29  dependent child pursuant to chapter 39, was in the legal

30  custody of the department living in licensed foster care or in

31  subsidized independent living at the time of his or her 18th

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 1  birthday, and had spent at least 6 months in the legal custody

 2  of the department living in foster care before that date.

 3  Young adults not receiving a scholarship award shall have

 4  priority for the transitional support services.

 5         3.  If at any time the services are no longer critical

 6  to the young adult's own efforts to achieve self-sufficiency

 7  and to develop a personal support system, they shall be

 8  terminated.

 9         (d)  Payment of aftercare, scholarship, or transitional

10  support funds.--Payment of aftercare, scholarship, or

11  transitional support funds shall be made directly to the

12  recipient unless the recipient requests that the payments or a

13  portion of the payments be made directly to a licensed foster

14  family or group care provider with whom the recipient was

15  residing at the time of attaining the 18th birthday and with

16  whom the recipient desires to continue to reside. If a young

17  adult and the former foster parent agree that the young adult

18  shall continue to live in the foster home while receiving

19  aftercare, scholarship, or transitional support funds, the

20  caregiver shall establish written expectations for the young

21  adult's behavior and responsibilities. The young adult who

22  continues with a foster family shall not be included as a

23  child in calculating any licensing restriction on the number

24  of children in the foster home.

25         (e)  Appeals process.--

26         1.  The Department of Children and Family Services

27  shall adopt by rule a procedure by which a young adult may

28  appeal an eligibility determination or the department's

29  failure to provide aftercare, scholarship, or transitional

30  support services if such funds are available.

31  

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 1         2.  The procedure developed by the department must be

 2  readily available to young adults and must provide for an

 3  appeal to the Secretary of Children and Family Services. The

 4  decision of the secretary constitutes final agency action and

 5  is reviewable by the court as provided in s. 120.68.

 6         (6)  ACCOUNTABILITY.--

 7         (a)  The department shall develop outcome measures for

 8  the program and other performance measures.

 9         (b)  Each district or lead community-based provider

10  shall annually prepare a plan for meeting the core

11  expectations as stipulated in subsection (7) and describe the

12  outcomes of the previous year's plan in meeting the core

13  expectations and an accounting of the expenditure of the

14  funds. Authorization to expend funds associated with

15  independent living transition services is contingent upon the

16  department's approval of the plan for meeting the core

17  expectations.

18         (7)  INDEPENDENT LIVING SERVICES ADVISORY GROUP

19  WORKGROUP.--The Secretary of Children and Family Services

20  shall establish the Independent Living Services Advisory Group

21  for the purpose of reviewing and making recommendations

22  concerning the implementation and operation of the independent

23  living transition services. This advisory group shall continue

24  to function as specified in this subsection until the

25  Legislature determines that the advisory group can no longer

26  provide a valuable contribution to the department's efforts to

27  achieve the goals of the independent living transition

28  services.

29         (a)  Specifically, the advisory group workgroup, which,

30  at a minimum, shall include representatives from the

31  Department of Children and Family Services, the Agency for

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 1  Workforce Innovation, the Department of Education, the Agency

 2  for Health Care Administration, the State Youth Advisory

 3  Board, Workforce Florida, Inc., and foster parents. The

 4  workgroup shall assess the implementation and operation of the

 5  system of independent living transition services and advise

 6  the department on actions that would improve the ability of

 7  the independent living transition services to meet the

 8  established goals. The advisory group workgroup shall keep the

 9  department informed of problems being experienced with the

10  services, barriers to the effective and efficient integration

11  of services and support across systems, and successes that the

12  system of independent living transition services has achieved.

13  The department shall consider, but is not required to

14  implement, the recommendations of the advisory group

15  workgroup.

16         (b)  The advisory group shall develop and recommend to

17  the department core expectations that are determined necessary

18  to ensure that the goals of the independent living transition

19  services are met statewide. The department shall establish

20  core expectations for independent living transition services

21  which districts and lead community-based providers must meet.

22  These core expectations must be appropriate for specific age

23  groups within the independent living transition services

24  program and be applicable to every district and lead

25  community-based provider. The advisory group shall participate

26  in the department's annual review of the local plans and

27  outcomes in achieving the core expectations.

28         (c)  For the 2002-2003 and 2003-2004 fiscal years, The

29  advisory group workgroup shall report to the appropriate

30  substantive committees of the Senate and the House of

31  Representatives on the status of the implementation of the

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 1  system of independent living transition services; efforts to

 2  publicize the availability of aftercare support services, the

 3  Road-to-Independence Scholarship Program, and transitional

 4  support services; specific barriers to financial aid created

 5  by the scholarship and possible solutions; the success of the

 6  services; problems identified; recommendations for department

 7  or legislative action; and the department's implementation of

 8  the recommendations contained in the Independent Living

 9  Services Integration Workgroup Report submitted to the Senate

10  and the House substantive committees December 31, 2002.  This

11  advisory group workgroup report shall is to be submitted by

12  December 31, 2003, and December 31, 2004, and shall be

13  accompanied by a report from the department which identifies

14  the recommendations of the advisory group workgroup and either

15  describes the department's actions to implement these

16  recommendations or provides the department's rationale for not

17  implementing the recommendations.This report must also contain

18  the core expectations developed and recommended to the

19  department pursuant to paragraph (b).

20         (d)  The advisory group must include, at a minimum,

21  representatives from the headquarters and district offices of

22  the Department of Children and Family Services, lead

23  community-based providers, the Agency for Workforce

24  Innovation, the Department of Education, the Agency for Health

25  Care Administration, the State Youth Advisory Board, Workforce

26  Florida, Inc., the Statewide Guardian Ad Litem Office, foster

27  parents, and advocates for foster children.

28         (9)  RULEMAKING.--The department shall adopt by rule

29  procedures to administer this section, including provision for

30  the proportional reduction of scholarship awards when adequate

31  funds are not available for all applicants. These rules shall

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 1  balance the goals of normalcy and safety for the youth and

 2  provide the caregivers with as much flexibility as possible to

 3  enable the youth to participate in normal life experiences.

 4  The department shall engage in appropriate planning to

 5  prevent, to the extent possible, a reduction in scholarship

 6  awards after issuance.

 7         Section 2.  Paragraph (a) of subsection (6) and

 8  subsection (7) of section 39.701, Florida Statutes, are

 9  amended to read:

10         39.701  Judicial review.--

11         (6)(a)  Prior to every judicial review hearing or

12  citizen review panel hearing, the social service agency shall

13  make an investigation and social study concerning all

14  pertinent details relating to the child and shall furnish to

15  the court or citizen review panel a written report that

16  includes, but is not limited to:

17         1.  A description of the type of placement the child is

18  in at the time of the hearing, including the safety of the

19  child and the continuing necessity for and appropriateness of

20  the placement.

21         2.  Documentation of the diligent efforts made by all

22  parties to the case plan to comply with each applicable

23  provision of the plan.

24         3.  The amount of fees assessed and collected during

25  the period of time being reported.

26         4.  The services provided to the foster family or legal

27  custodian in an effort to address the needs of the child as

28  indicated in the case plan.

29         5.  A statement that either:

30  

31  

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 1         a.  The parent, though able to do so, did not comply

 2  substantially with the provisions of the case plan, and the

 3  agency recommendations;

 4         b.  The parent did substantially comply with the

 5  provisions of the case plan; or

 6         c.  The parent has partially complied with the

 7  provisions of the case plan, with a summary of additional

 8  progress needed and the agency recommendations.

 9         6.  A statement from the foster parent or legal

10  custodian providing any material evidence concerning the

11  return of the child to the parent or parents.

12         7.  A statement concerning the frequency, duration, and

13  results of the parent-child visitation, if any, and the agency

14  recommendations for an expansion or restriction of future

15  visitation.

16         8.  The number of times a child has been removed from

17  his or her home and placed elsewhere, the number and types of

18  placements that have occurred, and the reason for the changes

19  in placement.

20         9.  The number of times a child's educational placement

21  has been changed, the number and types of educational

22  placements which have occurred, and the reason for any change

23  in placement.

24         10.  If the child is between 13 and 18 years of age,

25  the results of the preindependent-living or independent-living

26  assessment, the specific services needed, and the status of

27  the delivery of the identified services.

28         11.10.  Copies of all medical, psychological, and

29  educational records that support the terms of the case plan

30  and that have been produced concerning the child, parents, or

31  any caregiver since the last judicial review hearing.

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 1         (7)  The court and any citizen review panel shall take

 2  into consideration the information contained in the social

 3  services study and investigation and all medical,

 4  psychological, and educational records that support the terms

 5  of the case plan; testimony by the social services agency, the

 6  parent, the foster parent or legal custodian, the guardian ad

 7  litem if one has been appointed for the child, and any other

 8  person deemed appropriate; and any relevant and material

 9  evidence submitted to the court, including written and oral

10  reports to the extent of their probative value. These reports

11  and evidence may be received by the court in its effort to

12  determine the action to be taken with regard to the child and

13  may be relied upon to the extent of their probative value,

14  even though not competent in an adjudicatory hearing. In its

15  deliberations, the court and any citizen review panel shall

16  seek to determine:

17         (a)  If the parent was advised of the right to receive

18  assistance from any person or social service agency in the

19  preparation of the case plan.

20         (b)  If the parent has been advised of the right to

21  have counsel present at the judicial review or citizen review

22  hearings. If not so advised, the court or citizen review panel

23  shall advise the parent of such right.

24         (c)  If a guardian ad litem needs to be appointed for

25  the child in a case in which a guardian ad litem has not

26  previously been appointed or if there is a need to continue a

27  guardian ad litem in a case in which a guardian ad litem has

28  been appointed.

29         (d)  The compliance or lack of compliance of all

30  parties with applicable items of the case plan, including the

31  parents' compliance with child support orders.

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 1         (e)  The compliance or lack of compliance with a

 2  visitation contract between the parent and the social service

 3  agency for contact with the child, including the frequency,

 4  duration, and results of the parent-child visitation and the

 5  reason for any noncompliance.

 6         (f)  The compliance or lack of compliance of the parent

 7  in meeting specified financial obligations pertaining to the

 8  care of the child, including the reason for failure to comply

 9  if such is the case.

10         (g)  The appropriateness of the child's current

11  placement, including whether the child is in a setting which

12  is as family-like and as close to the parent's home as

13  possible, consistent with the child's best interests and

14  special needs, and including maintaining stability in the

15  child's educational placement.

16         (h)  A projected date likely for the child's return

17  home or other permanent placement.

18         (i)  When appropriate, the basis for the unwillingness

19  or inability of the parent to become a party to a case plan.

20  The court and the citizen review panel shall determine if the

21  efforts of the social service agency to secure party

22  participation in a case plan were sufficient.

23         (j)  For a child between the ages of 13 and 18 years of

24  age, the adequacy of the child's preparation for adulthood and

25  independent living.

26         Section 3.  Paragraph (c) of subsection (2) of section

27  1009.25, Florida Statutes, is amended to read:

28         1009.25  Fee exemptions.--

29         (2)  The following students are exempt from the payment

30  of tuition and fees, including lab fees, at a school district

31  

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 1  that provides postsecondary career and technical programs,

 2  community college, or state university:

 3         (c)  A student to whom the state has determined is

 4  eligible for the awarded a Road-to-Independence Scholarship,

 5  regardless of whether an award is issued or not, or a student

 6  who is or was at the time he or she reached 18 years of age in

 7  the custody of a relative under s. 39.5085, or who is adopted

 8  from the Department of Children and Family Services after May

 9  5, 1997. Such exemption includes fees associated with

10  enrollment in vocational-preparatory instruction and

11  completion of the college-level communication and computation

12  skills testing program. Such an exemption is available to any

13  student who was in the custody of a relative under s. 39.5085

14  at the time he or she reached 18 years of age or was adopted

15  from the Department of Children and Family Services after May

16  5, 1997; however, the exemption remains valid for no more than

17  4 years after the date of graduation from high school.

18         Section 4.  This act shall take effect upon becoming a

19  law.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 512

 3                                 

 4  Requires the Department of Children and Families to conduct an
    independent living assessment and provide information on the
 5  Road to Independence Scholarship at the age of 17 years.

 6  Redesigns the Road to Independence Scholarship Program to
    provide two types of scholarships with revisions to the
 7  eligibility criteria, the maximum scholarship amounts, and the
    method of determining the awards.
 8  
    Replaces the Department of Children and Families' rulemaking
 9  authority to proportionally reduce the scholarship awards if
    funds are not sufficient with specific options in statute.
10  
    Prioritizes the Transitional Support Services for young adults
11  not receiving a Road to Independence Scholarship award.

12  Requires judicial review of the youths' preparation for
    independent living.
13  
    Expands the tuition waiver for postsecondary education
14  institutions to include young adults eligible for the Road to
    Independence Scholarship regardless of whether funds are
15  available to issue an award.

16  Expands the representation on the advisory group.

17  Recognizes community-based providers as entities that are
    providing independent living transition services.
18  
    Creates enrollment periods for processing renewal awards.
19  
    Requires that annual local plans report on the expenditure of
20  funds.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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