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

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    Florida Senate - 2004              CS for CS for CS for SB 512
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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

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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.

30  

31  

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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

31  

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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.

25  

26  

27  

28  

29  

30  

31  

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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.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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