Senate Bill sb0512c3
CODING: Words stricken are deletions; words underlined are additions.
    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;
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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  
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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.
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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  
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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  
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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.
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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  
                                  11
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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
                                  12
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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.
                                  13
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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
                                  14
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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,
                                  15
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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
                                  16
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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  
                                  17
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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  
                                  18
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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
                                  19
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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.
                                  20
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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.
                                  21
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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  
                                  22
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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,
                                  23
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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
                                  24
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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
                                  25
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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  
                                  26
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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.
                                  27
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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.
                                  28
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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  
                                  29
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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  
                                  30
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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  
                                  31
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004              CS for CS for CS for SB 512
    309-2381A-04
 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  
                                  32
CODING: Words stricken are deletions; words underlined are additions.