Senate Bill sb0512c3
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Florida Senate - 2004 CS for CS for CS for SB 512
By the Committees on Appropriations; Governmental Oversight
and Productivity; Children and Families; and Senator Lynn
309-2381A-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 the term "legal
10 custody of the department"; revising provisions
11 governing a young adult's preparation for
12 independent living; providing for the
13 department to conduct an independent-living
14 assessment and inform the child of the
15 Road-to-Independence Scholarship services;
16 requiring the department to conduct periodic
17 staffings; providing for the identification of
18 and assistance to children with developmental
19 disabilities and special mental health needs;
20 providing that delivery of services is subject
21 to the availability of funds; stipulating the
22 purpose of the aftercare support services;
23 expanding the aftercare support services
24 available; providing that aftercare support
25 services may be provided by the department;
26 requiring that assistance to prevent
27 homelessness be provided expeditiously;
28 revising the scholarship award amount; creating
29 a High School Scholarship Program and a
30 Postsecondary Education Scholarship Program;
31 providing the amounts for each award;
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1 establishing eligibility criteria for each
2 program; providing renewal criteria for each
3 program; providing reinstatement requirements
4 for each program; providing for the age of
5 termination from each program; providing
6 requirements for the needs assessment for a
7 Postsecondary Education Scholarship; providing
8 strategies if sufficient program funds are not
9 available; providing for enrollment periods;
10 providing for restoration of reductions;
11 expanding the services available through the
12 transitional support service to include mental
13 health and disability services; prohibiting the
14 provision of financial assistance from the
15 transitional support services to young adults
16 receiving a scholarship; requiring the
17 department to establish core expectations for
18 independent living transition service
19 providers; requiring each district or
20 community-based care lead agency to annually
21 submit a plan for meeting core expectations, a
22 report containing outcomes, and an accounting
23 for the previous fiscal year; requiring
24 department authorization of plans for
25 expenditure of specified funds; requiring the
26 Department of Children and Family Services to
27 provide an appeals procedure following the
28 termination of services; abolishing the
29 Independent Living Services Workgroup; creating
30 the Independent Living Services Advisory
31 Council to review and evaluate the operation of
2
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1 the department's independent living transition
2 services; providing for the activities and
3 duties of the Independent Living Services
4 Advisory Council; requiring the Independent
5 Living Services Advisory Council to report to
6 the Senate and the House of Representatives;
7 providing for membership on the advisory
8 council; providing for the Secretary of
9 Children and Family Services to appoint the
10 members and establish term lengths; eliminating
11 the department's rulemaking authority to
12 proportionally reduce the scholarship awards;
13 amending s. 39.701, F.S.; requiring that
14 information from the independent-living
15 assessment be provided to the courts; requiring
16 the court to attempt to determine the child's
17 preparation for independence; amending s.
18 1009.25, F.S.; revising requirements specifying
19 the students who are exempt from paying tuition
20 and fees; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsections (1), (2), (3), (4), (5), (6),
25 (7), and (9) of section 409.1451, Florida Statutes, are
26 amended to read:
27 409.1451 Independent living transition services.--
28 (1) SYSTEM OF SERVICES.--
29 (a) The Department of Children and Family Services, or
30 its agents, or community-based providers operating pursuant to
31 s. 409.1671 shall administer a system of independent living
3
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1 transition services to enable older children in the legal
2 custody of the department foster care and young adults who
3 exit the legal custody of the department foster care at age 18
4 to make the transition to self-sufficiency as adults. For the
5 purposes of this section, the term "legal custody of the
6 department" means that there has been an adjudication of
7 dependency and either the current court placement of the child
8 is with the department or the court placement at the time the
9 child reached 18 years of age was with the department.
10 (b) The goals of independent living transition
11 services are to assist older children in the legal custody of
12 the department foster care and young adults who were formerly
13 in the legal custody of the department foster care to obtain
14 life skills and education for independent living and
15 employment, to have a quality of life appropriate for their
16 age, and to assume personal responsibility for becoming
17 self-sufficient adults.
18 (c) State funds for foster care or federal funds shall
19 be used to establish a continuum of services for eligible
20 children in the legal custody of the department foster care
21 and eligible young adults who were formerly in the legal
22 custody of the department foster care which accomplish the
23 goals for the independent living transition services and
24 provide the service components for services for foster
25 children in the legal custody of the department, as provided
26 in subsection (3), and services for young adults who were
27 formerly in the legal custody of the department foster care,
28 as provided in subsection (5).
29 (d) For children in the legal custody of the
30 department foster care, independent living transition services
31 are not an alternative to adoption. Independent living
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1 transition services may occur concurrently with continued
2 efforts to locate and achieve placement in adoptive families
3 for older children in the legal custody of the department
4 foster care.
5 (2) ELIGIBILITY.--
6 (a) The department shall serve children who are 13 to
7 18 years of age and who are in the legal custody of the
8 department foster care through the program component of
9 services for foster children in the legal custody of the
10 department provided in subsection (3). Children to be served
11 must meet the eligibility requirements set forth for specific
12 services as provided in this section and through department
13 rule.
14 (b) The department shall serve young adults who are 18
15 to 23 years of age and who were in the legal custody of the
16 department foster care when they turned 18 years of age
17 through the program component of services for young adults who
18 were formerly in the legal custody of the department foster
19 care in subsection (5). Children to be served must meet the
20 eligibility requirements set forth for specific services in
21 this section and through department rule.
22 (3) PROGRAM COMPONENT OF SERVICES FOR FOSTER CHILDREN
23 IN THE LEGAL CUSTODY OF THE DEPARTMENT.--The department shall
24 provide the following transition to independence services to
25 children in the legal custody of the department foster care
26 who meet prescribed conditions and are determined eligible by
27 the department. The service categories available to children
28 in the legal custody of the department foster care which
29 facilitate successful transition into adulthood are:
30 (a) Preindependent-living services.--
31
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1 1. Preindependent-living services include, but are not
2 limited to, life skills training, educational field trips, and
3 conferences. The specific services to be provided to a child
4 shall be determined using a preindependent-living assessment.
5 2. A child 13 to 15 years of age who is in the legal
6 custody of the department foster care is eligible for such
7 services.
8 (b) Life skills services.--
9 1. Life skills services may include, but are not
10 limited to, independent living skills training, educational
11 support, employment training, and counseling. The specific
12 services to be provided to a child shall be determined using
13 an independent life skills assessment.
14 2. A child 15 to 18 years of age who is in the legal
15 custody of the department foster care is eligible for such
16 services.
17 (c) Subsidized independent living services.--
18 1. Subsidized independent living services are living
19 arrangements that allow the child to live independently of the
20 daily care and supervision of an adult in a setting that is
21 not required to be licensed under s. 409.175.
22 2. A child 16 to 18 years of age is eligible for such
23 services if he or she:
24 a. Is adjudicated dependent under chapter 39; has been
25 placed in licensed out-of-home care for at least 6 months
26 prior to entering subsidized independent living; and has a
27 permanency goal of adoption, independent living, or long-term
28 licensed care; and
29 b. Is able to demonstrate independent living skills,
30 as determined by the department, using established procedures
31 and assessments.
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1 3. Independent living arrangements established for a
2 child must be part of an overall plan leading to the total
3 independence of the child from the department's supervision.
4 The plan must include, but need not be limited to, a
5 description of the skills of the child and a plan for learning
6 additional identified skills; the behavior that the child has
7 exhibited which indicates an ability to be responsible and a
8 plan for developing additional responsibilities, as
9 appropriate; a plan for future educational, vocational, and
10 training skills; present financial and budgeting capabilities
11 and a plan for improving resources and ability; a description
12 of the proposed residence; documentation that the child
13 understands the specific consequences of his or her conduct in
14 the independent living program; documentation of proposed
15 services to be provided by the department and other agencies,
16 including the type of service and the nature and frequency of
17 contact; and a plan for maintaining or developing
18 relationships with the family, other adults, friends, and the
19 community, as appropriate.
20 4. Subsidy payments in an amount established by the
21 department may be made directly to a child under the direct
22 supervision of a caseworker or other responsible adult
23 approved by the department.
24 (4) PREPARATION FOR INDEPENDENT LIVING PARTICIPATION
25 IN LIFE SKILLS ACTIVITIES.--In order to assist older children
26 in the legal custody of the department foster care, ages 13 to
27 18 years of age, with the transition to independent living as
28 adults, the program must provide them with opportunities to
29 participate in and learn from life skills activities in their
30 foster families and communities which are reasonable and
31 appropriate for their age and with services to build the
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1 skills and ability to live independently and become
2 self-sufficient. Such activities may include, but are not
3 limited to, managing money earned from a job, taking driver's
4 education, and participating in after-school or
5 extracurricular activities.
6 (a) To support the provision of these opportunities
7 for participation in age-appropriate life skills activities,
8 the department may:
9 1.(a) Develop, with children in the program and their
10 foster parents, a list of age-appropriate activities and
11 responsibilities to be presented to all children involved in
12 independent living transition services and their foster
13 parents.
14 2.(b) Provide training for staff and foster parents
15 which addresses issues of older children in foster care and
16 their the transition to adulthood, including supporting
17 education and employment and providing opportunities to
18 participate in appropriate daily activities.
19 3.(c) Develop procedures to maximize the authority of
20 foster parents to approve participation in age-appropriate
21 activities of children in their care.
22 4.(d) Provide opportunities for older children in
23 foster care to interact with mentors.
24 5.(e) Develop and implement procedures for older
25 children to directly access and manage the personal allowance
26 they receive from the department in order to learn
27 responsibility and participate in age-appropriate life skills
28 activities to the extent feasible.
29 (b) The department shall provide the following
30 services to each child in the legal custody of the department
31
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1 by the first day of the calendar month following the child's
2 17th birthday:
3 1. An independent-living assessment to determine the
4 child's skills and abilities to live independently and become
5 self-sufficient and to determine whether the child possesses
6 those tangible skills and abilities needed for a successful
7 transition to adulthood and independence. Based on the results
8 of the independent-living assessment, services and training in
9 the transition to independent living shall be provided in
10 order for the child to develop the necessary skills and
11 abilities during the following year.
12 2. Detailed information on the Road-to-Independence
13 Scholarship services, including requirements for eligibility;
14 other grants, scholarships, and waivers that are available and
15 should be sought by the child with assistance from the
16 department, including, but not limited to, the Bright Futures
17 Scholarship Program, as provided in ss. 1009.53-1009.538;
18 application deadlines; and grade requirements. The department
19 shall provide the child with a scheduled appointment for the
20 enrollment period that must be held prior to the child's 18th
21 birthday.
22 (c) The department shall conduct staffings for each
23 child in the custody of the department to ensure that the
24 independent-living training and services identified by the
25 preindependent-living, life skills, and independent-living
26 assessments are being received and to evaluate the progress of
27 the child in developing the needed independent-living skills.
28 For children 13 through 15 years of age, a staffing shall be
29 conducted at least annually. For children 16 through 17 years
30 of age, a staffing shall be conducted at least every 6 months.
31
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1 (d) The department shall identify children in the
2 legal custody of the department with developmental
3 disabilities and special mental health needs. For the children
4 in the legal custody of the department with developmental
5 disabilities and special mental health needs, the department
6 shall:
7 1. Assist the children in making the transition to
8 self-sufficiency;
9 2. Assist the children with reasonable accommodations
10 for their disabilities;
11 3. Assist the children with accessing support and
12 funding from other sources, such as the department's
13 Developmental Disabilities Program Office and the department's
14 Mental Health Program Office;
15 4. Coordinate the children's independent living plan
16 with the school's individual education plan when the child is
17 in a special education program; and
18 5. Provide special attention to the children who are
19 17 years of age and residing at a residential treatment
20 facility, a therapeutic foster home, or other mental health
21 placement because these children face a particularly difficult
22 transition to living as adults in the community.
23 (5) PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS
24 FORMERLY IN THE LEGAL CUSTODY OF THE DEPARTMENT FOSTER
25 CARE.--Based on the availability of funds, the department
26 shall provide or arrange for the following services to young
27 adults formerly in the legal custody of the department foster
28 care who meet the prescribed conditions and are determined
29 eligible by the department. The delivery of all the services
30 of this subsection, including levels of services or reduction
31 of services, shall be subject to the availability of funds.
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1 The categories of services available to assist a young adult
2 formerly in the legal custody of the department foster care to
3 achieve independence are:
4 (a) Aftercare support services.--
5 1. Aftercare support services are available to assist
6 young adults who were formerly children in the legal custody
7 of the department in their efforts to continue to develop the
8 skills and abilities necessary for independent living and to
9 provide temporary assistance to prevent homelessness. The
10 aftercare support services available include, but are not
11 limited to, the following referrals to resources in the
12 community for:
13 a. Mentoring and tutoring.
14 b. Mental health services and substance abuse
15 counseling.
16 c. Life skills classes, including credit management
17 and preventive health activities.
18 d. Parenting classes.
19 e. Job skills training.
20 f. Counselor consultations.
21 g. Financial assistance to prevent homelessness.
22
23 The specific services to be provided under this subparagraph
24 shall be determined by an aftercare services assessment and
25 may be provided by the department or through referrals in the
26 community. The temporary assistance may be provided to prevent
27 homelessness shall be provided as expeditiously as possible
28 and within the limitations defined by the department.
29 2. A young adult 18 to 23 years of age who leaves the
30 legal custody of the department foster care at 18 years of age
31
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1 but who requests services prior to reaching 23 years of age is
2 eligible for such services.
3 (b) Road-to-Independence Scholarship services
4 Program.--
5 1. The Road-to-Independence Scholarship services are
6 Program is intended to help eligible students who were
7 formerly are former foster children in the legal custody of
8 the department this state to receive the educational and
9 vocational training needed to achieve independence. The amount
10 of the award shall equal the earnings that the student would
11 have been eligible to earn working a 40-hour-a-week federal
12 minimum wage job, after considering other grants and
13 scholarships that are in excess of the educational
14 institutions' fees and costs, and contingent upon available
15 funds. Students eligible for the Road-to-Independence
16 Scholarship services Program may also be eligible for
17 educational fee waivers for workforce development
18 postsecondary programs, community colleges, and universities,
19 pursuant to s. 1009.25(2)(c). The High School Scholarship
20 Program and the Postsecondary Education Scholarship Program
21 shall be made available to help eligible students achieve
22 their educational goals.
23 2. The High School Scholarship Program awards shall be
24 available as an educational support for young adults working
25 towards obtaining a high school diploma or its equivalent. The
26 amount of the High School Scholarship Program award shall be
27 at least equal to the amount of the subsidized independent
28 living board rate and may be increased up to the amount equal
29 to the earnings of a 40-hour-a-week federal minimum wage job,
30 if the additional financial assistance is necessary to meet
31 the young adult's living and educational needs. The award may
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1 be provided as a continued payment to the foster parent or, at
2 the request of the young adult, paid directly to the young
3 adult.
4 a.2. A young adult 18 through 20 to 21 years of age is
5 eligible for the initial award of the high school scholarship,
6 or its renewal and a young adult under 23 years of age is
7 eligible for renewal awards, if he or she:
8 (I)a. Was Is a dependent child, pursuant to chapter
9 39, and was in the legal custody of the department is living
10 in licensed foster care or in subsidized independent living at
11 the time of his or her 18th birthday;
12 (II)b. Has Spent at least 6 months in the legal
13 custody of the department living in foster care before
14 reaching his or her 18th birthday;
15 (III)c. Is a resident of this state as defined in s.
16 1009.40; and
17 d. Meets one of the following qualifications:
18 (I) Has earned a standard high school diploma or its
19 equivalent as described in s. 1003.43 or s. 1003.435, and has
20 been admitted for full-time enrollment in an eligible
21 postsecondary education institution as defined in s. 1009.533;
22 (IV)(II) Is enrolled full time in an accredited high
23 school, is within 2 years of graduation, and has maintained a
24 grade point average of at least 2.0 on a scale of 4.0 for the
25 two semesters preceding the date of his or her 18th birthday;
26 or
27 (III) is enrolled full time in an accredited adult
28 education program designed to provide the student with a high
29 school diploma or its equivalent, is making satisfactory
30 progress in that program as certified by the program, and is
31 within 2 years of graduation.
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1 b. In order to be eligible for a renewal award for the
2 subsequent year, the young adult must:
3 (I) Complete the number of hours or equivalent
4 considered full-time by the educational institution during the
5 last academic year; or
6 (II) Maintain appropriate progress as required by the
7 educational institution. If the young adult has not maintained
8 appropriate progress at any time during the eligibility
9 period, the young adult may restore eligibility by improving
10 his or her progress to the required level.
11 c. A High School Education Scholarship award recipient
12 who does not qualify for a renewal award or who chooses not to
13 renew the award may subsequently apply for reinstatement. An
14 application for reinstatement must be made before the young
15 adult reaches 21 years of age, and a young adult may not apply
16 for reinstatement more than once. In order to be eligible for
17 reinstatement, the young adult must meet the eligibility
18 criteria and the criteria for award renewal for the High
19 School Scholarship Program in the last year in which the young
20 adult received an award. However, a young adult who does not
21 meet the progress criteria of sub-subparagraph b. shall be
22 allowed one semester in the program. After one semester, the
23 renewal award criteria must be met in order for the young
24 adult to continue in the program.
25 d. The award of the High School Scholarship Program
26 shall be terminated when the young adult has attained a high
27 school diploma, or its equivalent, or reaches 21 years of age,
28 whichever occurs earlier.
29 3. The Postsecondary Education Scholarship Program
30 awards shall be available as an educational support for young
31 adults working toward completing a postsecondary education
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1 program. The amount of the Postsecondary Education Scholarship
2 award shall be based on the living and education needs of the
3 young adult and may not exceed the amount equal to the
4 earnings of a 40-hour-a-week federal minimum wage job.
5 a. A young adult 18 through 20 years of age is
6 eligible for the initial award of the Postsecondary Education
7 Scholarship, and a young adult younger than 23 years of age is
8 eligible for renewal awards, if he or she:
9 (I) Was a dependent child, pursuant to chapter 39, and
10 was in the legal custody of the department or in subsidized
11 independent living at the time of his or her 18th birthday;
12 (II) Spent at least 6 months living in the legal
13 custody of the department before reaching his or her 18th
14 birthday;
15 (III) Is a resident of this state as defined in s.
16 1009.40; and
17 (IV) Earned a standard or special high school diploma
18 or its equivalent as described in s. 1003.43, s. 1003.435, or
19 s. 1003.438, and has been admitted for full-time enrollment in
20 an eligible postsecondary education institution as defined in
21 s. 1009.5333.
22 b. A young adult applying for the Postsecondary
23 Education Scholarship Program must apply for any other grants
24 and scholarships for which he or she may qualify. The
25 department shall assist the young adult in applying for these
26 grants and scholarships.
27 c. The amount of the award from the Postsecondary
28 Education Scholarship Program shall be determined based on an
29 assessment of the funding needs of the young adult. This
30 assessment shall consider the young adult's living and
31 educational costs and other grants, scholarships, waivers,
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1 earnings, and other income to be received by the young adult.
2 The department may use the federal financial aid grant process
3 to determine the funding needs of the young adult. The award
4 of the Postsecondary Education Scholarship shall be available
5 only if and to the extent that other grants and scholarships
6 are not sufficient to meet the living and educational needs of
7 the young adult, up to the level provided for in this
8 subparagraph. Pursuant to sub-subparagraph 4.d., the amount of
9 the scholarship award may be reduced due to insufficient
10 funds.
11 d. In order to be eligible for a renewal award for the
12 subsequent year, the young adult must:
13 (I) Have completed the minimum number of full-time
14 hours or the equivalent number considered full-time by the
15 education institution during the last academic year, except
16 for a young adult who meets the requirements of s. 1009.41;
17 and
18 (II) Have maintained a cumulative 2.0 grade point
19 average.
20 e. An award recipient who does not qualify for a
21 renewal award or who chooses not to renew the award may
22 subsequently apply for reinstatement. An application for
23 reinstatement must be made before the young adult reaches 23
24 years of age, and a young adult may not apply for
25 reinstatement more than once. In order to be eligible for
26 reinstatement, the young adult must meet the eligibility
27 criteria and the criteria for award renewal for the
28 Postsecondary Education Scholarship Program in the last year
29 in which the young adult received an award, except that a
30 young adult who does not meet the grade point average
31 requirement in sub-subparagraph d. shall be allowed one
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1 semester in the program. After one semester, the renewal award
2 criteria must be met in order for the young adult to continue
3 in the program.
4 f. The award of the Postsecondary Education
5 Scholarship Program shall be terminated when the young adult
6 has attained a bachelor of arts or bachelor of science degree,
7 or equivalent undergraduate degree, or reaches 23 years of
8 age, whichever occurs earlier.
9 4.3.a. The department must advertise the availability
10 of the Road-to-Independence Scholarship services Program and
11 must ensure that the children in the legal custody of the
12 department and young adults leaving foster care, foster
13 parents, or family services counselors are informed of the
14 availability of both scholarship programs the program and the
15 application procedures upon initial receipt of independent
16 living transition services, upon turning 17 years of age
17 pursuant to subsection (4), and upon leaving the legal custody
18 of the department at 18 years of age.
19 b. A young adult must apply for the initial award
20 during the 6 months immediately preceding his or her 18th
21 birthday. The department shall assist the young adult in
22 completing all forms necessary to determine eligibility for an
23 award. A young adult who fails to make an initial application,
24 but who otherwise meets the criteria for an initial award, may
25 make one application for the initial award if such application
26 is made before the young adult's 21st birthday.
27 c. If sufficient funding for the Road-to-Independence
28 Scholarship services program is available, the department
29 shall issue awards from the scholarship program for each young
30 adult who meets all the requirements of the program for the
31
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1 full amount as provided for in subparagraph 2. or subparagraph
2 3.
3 d. If sufficient funding for the Road-to-Independence
4 Scholarship services is not available, the department may
5 execute any or all of the following strategies:
6 (I) Reduce the award from the Postsecondary Education
7 Scholarship Program to each young adult as follows: reduce the
8 awards during the award-issuance period, in which case the
9 reduction may not exceed 10 percent of the funding need
10 determined by the needs assessment for each young adult, and
11 reduce the award at the annual renewal of awards, in which
12 case the reduction may not exceed 25 percent of the need
13 determined by the needs assessment for each young adult. The
14 amount of the reduction shall be uniformly applied to all
15 young adults receiving a Postsecondary Education Scholarship
16 award, including young adults being issued new awards during a
17 reduction period, and reductions applied may not be
18 cumulative.
19 (II) Reduce the award from the High School Scholarship
20 Program to each young adult as follows: reduce the awards
21 during the award-issuance period, in which case the reduction
22 may not exceed 10 percent of the award amount, and reduce the
23 award at the annual renewal of awards, in which case the
24 reduction may not exceed 25 percent of the award amount. The
25 amount of the reduction shall be uniformly applied to all
26 young adults receiving a High School Scholarship award, except
27 as provided in sub-subparagraph e., and including young adults
28 being issued new awards during a reduction period. Reductions
29 applied may not be cumulative.
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1 (III) Cease issuance of initial awards for either the
2 High School Scholarship Program or the Postsecondary
3 Scholarship Program or both.
4 e. If the department must execute any or all of the
5 strategies identified in sub-subparagraph d., young adults who
6 are receiving an award from the High School Scholarship
7 Program and who are within 1 year of earning a high school
8 diploma or its equivalent shall have the highest priority for
9 maintaining the full award amount.
10 f. If funding becomes available after the department
11 has executed one or more of the strategies identified in
12 sub-subparagraph d., partial or full restoration of reductions
13 in awards may be issued or new awards may be issued to young
14 adults based on the department's assessment of the
15 availability of funds. The actions may be implemented
16 notwithstanding the enrollment periods provided for in
17 sub-subparagraph k., but may not include retroactive payments
18 for the period during which the reduction in awards was in
19 place. Any restoration of reductions must be uniformly applied
20 to all young adults receiving scholarship awards, except as
21 provided in sub-subparagraph e.
22 g.d. An award shall be issued at the time the eligible
23 student reaches 18 years of age. The department shall ensure
24 that monthly awards are issued on a timely basis.
25 h.e. If the award recipient transfers from one
26 eligible institution to another and continues to meet
27 eligibility requirements, the award must be transferred with
28 the recipient.
29 i.f. Awards issued under the Road-to-Independence
30 Scholarship services funds awarded to any eligible young adult
31 under this program are in addition to any other services
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1 provided to the young adult by the department through its
2 independent living transition services.
3 j.g. The department shall provide information
4 concerning young adults receiving the Road-to-Independence
5 Scholarship services to the Department of Education for
6 inclusion in the student financial assistance database, as
7 provided in s. 1009.94.
8 h. Scholarship funds shall be terminated when the
9 young adult has attained a bachelor of arts or bachelor of
10 science degree, or equivalent undergraduate degree, or reaches
11 23 years of age, whichever occurs earlier.
12 k.i. The department shall determine eligibility for
13 new awards and for the annual renewals of the awards during
14 one of the 30-day enrollment periods. The department shall
15 establish a minimum of two 30-day enrollment periods. The two
16 minimum enrollment periods shall be held at the same time
17 period each year. Young adults shall be well-informed of their
18 designated enrollment period. evaluate and renew each award
19 annually during the 90-day period before the young adult's
20 birthday. In order to be eligible for a renewal award for the
21 subsequent year, the young adult must:
22 (I) Complete at least 12 semester hours or the
23 equivalent in the last academic year in which the young adult
24 earned a scholarship, except for a young adult who meets the
25 requirements of s. 1009.41.
26 (II) Maintain the cumulative grade point average
27 required by the scholarship program, except that, if the young
28 adult's grades are insufficient to renew the scholarship at
29 any time during the eligibility period, the young adult may
30 restore eligibility by improving the grade point average to
31 the required level.
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1 l.j. An award Scholarship funds may be terminated
2 during the interim between an award and the annual renewal of
3 the award evaluation for a renewal award if the department
4 determines that the award recipient is no longer enrolled in
5 an educational institution as defined in sub-subparagraph 2.a.
6 or sub-subparagraph 3.a. 2.d., or is no longer a state
7 resident. The department shall notify a student who is
8 terminated and inform the student of his or her right to
9 appeal.
10 k. An award recipient who does not qualify for a
11 renewal award or who chooses not to renew the award may
12 subsequently apply for reinstatement. An application for
13 reinstatement must be made before the young adult reaches 23
14 years of age, and a student may not apply for reinstatement
15 more than once. In order to be eligible for reinstatement, the
16 young adult must meet the eligibility criteria and the
17 criteria for award renewal for the scholarship program.
18 l. A young adult receiving continued services of the
19 foster care program under former s. 409.145(3) must transfer
20 to the scholarship program by July 1, 2003.
21 (c) Transitional support services.--
22 1. In addition to any services provided through
23 aftercare after care support or the Road-to-Independence
24 Scholarship, a young adult formerly in the legal custody of
25 the department foster care, may receive other appropriate
26 short-term services, which may include financial, housing,
27 counseling, employment, education, mental health, disability,
28 and other services, if the young adult demonstrates that the
29 services are critical to the young adult's own efforts to
30 achieve self-sufficiency and to develop a personal support
31 system.
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1 2. A young adult formerly in the legal custody of the
2 department foster care is eligible to apply for transitional
3 support services if he or she is 18 through 22 to 23 years of
4 age, was a dependent child pursuant to chapter 39, was in the
5 legal custody of the department living in licensed foster care
6 or in subsidized independent living at the time of his or her
7 18th birthday, and had spent at least 6 months in the legal
8 custody of the department living in foster care before that
9 date. Young adults receiving an award from the
10 Road-to-Independence Scholarship services shall not be
11 eligible for any financial assistance provided through the
12 transitional support services.
13 3. If at any time the services are no longer critical
14 to the young adult's own efforts to achieve self-sufficiency
15 and to develop a personal support system, they shall be
16 terminated.
17 (d) Payment of aftercare, scholarship, or transitional
18 support funds.--Payment of aftercare, scholarship, or
19 transitional support funds shall be made directly to the
20 recipient unless the recipient requests that the payments or a
21 portion of the payments be made directly to a licensed foster
22 family or group care provider with whom the recipient was
23 residing at the time of attaining the 18th birthday and with
24 whom the recipient desires to continue to reside. If a young
25 adult and the former foster parent agree that the young adult
26 shall continue to live in the foster home while receiving
27 aftercare, scholarship, or transitional support funds, the
28 caregiver shall establish written expectations for the young
29 adult's behavior and responsibilities. The young adult who
30 continues with a foster family shall not be included as a
31
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1 child in calculating any licensing restriction on the number
2 of children in the foster home.
3 (e) Appeals process.--
4 1. The Department of Children and Family Services
5 shall adopt by rule a procedure by which a young adult may
6 appeal an eligibility determination; or the department's
7 failure to provide aftercare, scholarship, or transitional
8 support services if such funds are available; or the
9 termination of such services.
10 2. The procedure developed by the department must be
11 readily available to young adults, must provide timely
12 decisions, and must provide for an appeal to the Secretary of
13 Children and Family Services. The decision of the secretary
14 constitutes final agency action and is reviewable by the court
15 as provided in s. 120.68.
16 (6) ACCOUNTABILITY.--
17 (a) The department shall develop outcome measures for
18 the program and other performance measures.
19 (b) By January 31, 2005, the department shall
20 establish core expectations for independent living transition
21 services which must be met by each district and
22 community-based care lead agency. The core expectations must
23 be appropriate for specific age groups within the independent
24 living transition services program and, at a minimum, must
25 address the following aspects of the independent living
26 transition services program: allocation of resources between
27 youth under 18 years of age and young adults 18 years of age
28 and older; life skills development for youth under 18 years of
29 age; continued life skills development for young adults 18 to
30 23 years of age; linkages with other service systems such as
31 education, mental health, and developmental disabilities,
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1 particularly for those youth approaching their 18th birthday;
2 fiscal systems that ensure the timely issuance of financial
3 assistance from aftercare support services and transitional
4 support services and of scholarship awards; and community
5 partnerships.
6 (c)1. Each district and community-based care lead
7 agency shall annually prepare a written:
8 a. Plan for meeting the core expectations established
9 by the department pursuant to paragraph (b), which shall be
10 submitted to the department by April 30, 2005, and annually
11 thereafter; and
12 b. Report for the previous fiscal year which contains
13 a description of the outcomes of the district's or agency's
14 plan for meeting the core expectations and an accounting of
15 expenditures for independent living transition services. The
16 report shall be submitted to the department by August 31,
17 2006, and annually thereafter.
18 2. For the fiscal year beginning July 1, 2005, and for
19 each fiscal year thereafter, a district or community-based
20 care lead agency may not expend funds for independent living
21 transition services until the plan required by subparagraph
22 1.a. is approved by the department.
23 (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL
24 WORKGROUP.--The Secretary of Children and Family Services
25 shall establish the Independent Living Services Advisory
26 Council for the purpose of reviewing and making
27 recommendations concerning the implementation and operation of
28 the independent living transition services. This advisory
29 council shall continue to function as specified in this
30 subsection until the Legislature determines that the advisory
31 council can no longer provide a valuable contribution to the
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1 department's efforts to achieve the goals of the independent
2 living transition services.
3 (a) Specifically, the advisory council workgroup,
4 which, at a minimum, shall include representatives from the
5 Department of Children and Family Services, the Agency for
6 Workforce Innovation, the Department of Education, the Agency
7 for Health Care Administration, the State Youth Advisory
8 Board, Workforce Florida, Inc., and foster parents. The
9 workgroup shall assess the implementation and operation of the
10 system of independent living transition services and advise
11 the department on actions that would improve the ability of
12 the independent living transition services to meet the
13 established goals. The advisory council workgroup shall keep
14 the department informed of problems being experienced with the
15 services, barriers to the effective and efficient integration
16 of services and support across systems, and successes that the
17 system of independent living transition services has achieved.
18 The department shall consider, but is not required to
19 implement, the recommendations of the advisory council
20 workgroup.
21 (b) The advisory council shall develop recommendations
22 for core expectations that ensure that the goals of this
23 section are met statewide and conform to the requirements for
24 core expectations in paragraph (6)(b). These recommendations
25 shall be provided to the department on or before October 31,
26 2004. The advisory council shall participate in the
27 department's annual review of the plans and outcomes submitted
28 to the department pursuant to paragraph (6)(b).
29 (c) For the 2002-2003 and 2003-2004 fiscal years, The
30 advisory council workgroup shall report to the appropriate
31 substantive committees of the Senate and the House of
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1 Representatives on the status of the implementation of the
2 system of independent living transition services; efforts to
3 publicize the availability of aftercare support services, the
4 Road-to-Independence Scholarship Program, and transitional
5 support services; specific barriers to financial aid created
6 by the scholarship and possible solutions; the success of the
7 services; problems identified; recommendations for department
8 or legislative action; and the department's implementation of
9 the recommendations contained in the Independent Living
10 Services Integration Workgroup Report submitted to the Senate
11 and the House substantive committees December 31, 2002. This
12 advisory council workgroup report shall is to be submitted by
13 January 31, 2005 December 31, 2003, and December 31, 2004, and
14 shall be accompanied by a report from the department which
15 identifies the recommendations of the advisory council
16 workgroup and either describes the department's actions to
17 implement these recommendations or provides the department's
18 rationale for not implementing the recommendations. This
19 report must also contain the core expectations developed and
20 recommended to the department pursuant to paragraph (b).
21 (d) Members of the advisory council shall be appointed
22 by the secretary of the department. The membership of the
23 advisory council must include, at a minimum, representatives
24 from the headquarters and district offices of the Department
25 of Children and Family Services, community-based care lead
26 agencies, the Agency for Workforce Innovation, the Department
27 of Education, the Agency for Health Care Administration, the
28 State Youth Advisory Board, Workforce Florida, Inc., the
29 Statewide Guardian Ad Litem Office, foster parents, and
30 advocates for foster children. The secretary shall determine
31
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1 the length of the term to be served by each member appointed
2 to the advisory council, which may not exceed 4 years.
3 (9) RULEMAKING.--The department shall adopt by rule
4 procedures to administer this section, including provision for
5 the proportional reduction of scholarship awards when adequate
6 funds are not available for all applicants. These rules shall
7 balance the goals of normalcy and safety for the youth and
8 provide the caregivers with as much flexibility as possible to
9 enable the youth to participate in normal life experiences.
10 The department shall engage in appropriate planning to
11 prevent, to the extent possible, a reduction in scholarship
12 awards after issuance.
13 Section 2. Paragraph (a) of subsection (6) and
14 subsection (7) of section 39.701, Florida Statutes, are
15 amended to read:
16 39.701 Judicial review.--
17 (6)(a) Prior to every judicial review hearing or
18 citizen review panel hearing, the social service agency shall
19 make an investigation and social study concerning all
20 pertinent details relating to the child and shall furnish to
21 the court or citizen review panel a written report that
22 includes, but is not limited to:
23 1. A description of the type of placement the child is
24 in at the time of the hearing, including the safety of the
25 child and the continuing necessity for and appropriateness of
26 the placement.
27 2. Documentation of the diligent efforts made by all
28 parties to the case plan to comply with each applicable
29 provision of the plan.
30 3. The amount of fees assessed and collected during
31 the period of time being reported.
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1 4. The services provided to the foster family or legal
2 custodian in an effort to address the needs of the child as
3 indicated in the case plan.
4 5. A statement that either:
5 a. The parent, though able to do so, did not comply
6 substantially with the provisions of the case plan, and the
7 agency recommendations;
8 b. The parent did substantially comply with the
9 provisions of the case plan; or
10 c. The parent has partially complied with the
11 provisions of the case plan, with a summary of additional
12 progress needed and the agency recommendations.
13 6. A statement from the foster parent or legal
14 custodian providing any material evidence concerning the
15 return of the child to the parent or parents.
16 7. A statement concerning the frequency, duration, and
17 results of the parent-child visitation, if any, and the agency
18 recommendations for an expansion or restriction of future
19 visitation.
20 8. The number of times a child has been removed from
21 his or her home and placed elsewhere, the number and types of
22 placements that have occurred, and the reason for the changes
23 in placement.
24 9. The number of times a child's educational placement
25 has been changed, the number and types of educational
26 placements which have occurred, and the reason for any change
27 in placement.
28 10. If the child is between 13 and 18 years of age,
29 the results of the preindependent-living or independent-living
30 assessment, the specific services needed, and the status of
31 the delivery of the identified services.
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1 11.10. Copies of all medical, psychological, and
2 educational records that support the terms of the case plan
3 and that have been produced concerning the child, parents, or
4 any caregiver since the last judicial review hearing.
5 (7) The court and any citizen review panel shall take
6 into consideration the information contained in the social
7 services study and investigation and all medical,
8 psychological, and educational records that support the terms
9 of the case plan; testimony by the social services agency, the
10 parent, the foster parent or legal custodian, the guardian ad
11 litem if one has been appointed for the child, and any other
12 person deemed appropriate; and any relevant and material
13 evidence submitted to the court, including written and oral
14 reports to the extent of their probative value. These reports
15 and evidence may be received by the court in its effort to
16 determine the action to be taken with regard to the child and
17 may be relied upon to the extent of their probative value,
18 even though not competent in an adjudicatory hearing. In its
19 deliberations, the court and any citizen review panel shall
20 seek to determine:
21 (a) If the parent was advised of the right to receive
22 assistance from any person or social service agency in the
23 preparation of the case plan.
24 (b) If the parent has been advised of the right to
25 have counsel present at the judicial review or citizen review
26 hearings. If not so advised, the court or citizen review panel
27 shall advise the parent of such right.
28 (c) If a guardian ad litem needs to be appointed for
29 the child in a case in which a guardian ad litem has not
30 previously been appointed or if there is a need to continue a
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1 guardian ad litem in a case in which a guardian ad litem has
2 been appointed.
3 (d) The compliance or lack of compliance of all
4 parties with applicable items of the case plan, including the
5 parents' compliance with child support orders.
6 (e) The compliance or lack of compliance with a
7 visitation contract between the parent and the social service
8 agency for contact with the child, including the frequency,
9 duration, and results of the parent-child visitation and the
10 reason for any noncompliance.
11 (f) The compliance or lack of compliance of the parent
12 in meeting specified financial obligations pertaining to the
13 care of the child, including the reason for failure to comply
14 if such is the case.
15 (g) The appropriateness of the child's current
16 placement, including whether the child is in a setting which
17 is as family-like and as close to the parent's home as
18 possible, consistent with the child's best interests and
19 special needs, and including maintaining stability in the
20 child's educational placement.
21 (h) A projected date likely for the child's return
22 home or other permanent placement.
23 (i) When appropriate, the basis for the unwillingness
24 or inability of the parent to become a party to a case plan.
25 The court and the citizen review panel shall determine if the
26 efforts of the social service agency to secure party
27 participation in a case plan were sufficient.
28 (j) For a child between the ages of 13 and 18 years of
29 age, the adequacy of the child's preparation for adulthood and
30 independent living.
31
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1 Section 3. Paragraph (c) of subsection (2) of section
2 1009.25, Florida Statutes, is amended to read:
3 1009.25 Fee exemptions.--
4 (2) The following students are exempt from the payment
5 of tuition and fees, including lab fees, at a school district
6 that provides postsecondary career and technical programs,
7 community college, or state university:
8 (c) A student to whom the state has determined is
9 eligible for the awarded a Road-to-Independence Scholarship,
10 regardless of whether an award is issued or not, or a student
11 who is or was at the time he or she reached 18 years of age in
12 the custody of a relative under s. 39.5085, or who is adopted
13 from the Department of Children and Family Services after May
14 5, 1997. Such exemption includes fees associated with
15 enrollment in vocational-preparatory instruction and
16 completion of the college-level communication and computation
17 skills testing program. Such an exemption is available to any
18 student who was in the custody of a relative under s. 39.5085
19 at the time he or she reached 18 years of age or was adopted
20 from the Department of Children and Family Services after May
21 5, 1997; however, the exemption remains valid for no more than
22 4 years after the date of graduation from high school.
23 Section 4. This act shall take effect upon becoming a
24 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/CS/SB 512
3
4 Amends s. 409.1451(1), F.S., to clarify the term "legal
custody of the department," as used in this section.
5
Deletes amendment to s. 409.1451(5), F.S., authorizing the
6 Department of Children and Family Services (DCF) to keep a
waiting list of young adults who qualify for, but do not
7 receive a Road to Independence Scholarship award due to
insufficient program funding. Deletes additional references
8 to a waiting list.
9 Amends s. 409.1451(5), F.S., to require DCF to ensure that
monthly scholarship award payments are timely issued.
10
Amends s. 409.1451(6), F.S., to require DCF to implement
11 fiscal systems that ensure the timely issuance of monthly
awards and other financial assistance provided through the
12 Independent Living Program.
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