Senate Bill sb0512e1

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  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 an independent living transition

  6         services system; providing that foster care

  7         includes the temporary placement through the

  8         Department of Juvenile Justice or Department of

  9         Corrections; providing legislative intent

10         regarding assistance to older children in

11         foster care; requiring the Department of

12         Children and Family Services to provide certain

13         skills assessment and training to such

14         children; providing guidelines to develop such

15         training; providing certain educational goals;

16         revising provisions governing a young adult's

17         preparation for independent living; requiring

18         the department to conduct an assessment and

19         inform the child of certain scholarships,

20         grants, and awards; providing for the

21         identification of and coordination of

22         assistance to children with developmental

23         disabilities and special mental health needs;

24         providing that such assessment be included in a

25         certain report during judicial review; removing

26         life skills activities guidelines for young

27         adults who were formerly in foster care;

28         revising aftercare services; providing a

29         limitation on the amount of an award; providing

30         additional qualifications to receive the award;

31         providing requirements and options for


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 1         determining the amount of the award; providing

 2         that a young adult who is eligible to receive

 3         such award may reside with a foster family or

 4         group care provider beyond his or her age of

 5         majority; providing a limitation on the number

 6         of diplomas, certificates, or the equivalent an

 7         award recipient may receive; expanding the

 8         services available through the transitional

 9         support service to include mental health and

10         disability services; providing a priority for

11         transitional support services for young adults

12         who do not receive a scholarship award;

13         abolishing the independent living services

14         workgroup; creating the Independent Living

15         Services Advisory Council; providing duties and

16         responsibilities; requiring an annual report;

17         providing membership criteria; limiting the

18         department's rulemaking authority; amending s.

19         39.701, F.S.; requiring a judicial review

20         hearing within a certain timeframe for each

21         child in foster care; requiring that the court

22         certify that such child has received certain

23         information; providing that the department may

24         be held in contempt; requiring that information

25         from the preindependent living assessment be

26         provided to the courts; requiring the court to

27         determine the child's preparation for

28         independence; amending s. 1009.25, F.S.;

29         revising requirements specifying the students

30         who are exempt from paying tuition and fees;

31         requiring the Auditor General to perform an


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 1         audit of the program and submit a report;

 2         directing the Office of Program Policy and

 3         Government Accountability to develop

 4         recommendations for minimum system standards;

 5         requiring that the recommendations be provided

 6         to the department by November 30, 2004;

 7         providing an effective date.

 8  

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

10  

11         Section 1.  Section 409.1451, Florida Statutes, is

12  amended to read:

13         409.1451  Independent living transition services.--

14         (1)  SYSTEM OF SERVICES.--

15         (a)  The Department of Children and Family Services, or

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

17  s. 409.1671 shall administer a system of independent living

18  transition services to enable older children in foster care

19  and young adults who exit foster care at age 18 to make the

20  transition to self-sufficiency as adults. For the purposes of

21  this section, foster care includes temporary placement through

22  the Department of Juvenile Justice or Department of

23  Corrections, if the child is adjudicated dependent and placed

24  by the court with the department.

25         (b)  The goals of independent living transition

26  services are to assist older children in foster care and young

27  adults who were formerly in foster care to obtain life skills

28  and education for independent living and employment, to have a

29  quality of life appropriate for their age, and to assume

30  personal responsibility for becoming self-sufficient adults.

31  


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

 2  be used to establish a continuum of services for eligible

 3  children in foster care and eligible young adults who were

 4  formerly in foster care which accomplish the goals for the

 5  system of independent living transition services by providing

 6  and provide the service components for services for foster

 7  children, pursuant to as provided in subsection (4) (3), and

 8  services for young adults who were formerly in foster care,

 9  pursuant to as provided in subsection (5).

10         (d)  For children in foster care, independent living

11  transition services are not an alternative to adoption.

12  Independent living transition services may occur concurrently

13  with continued efforts to locate and achieve placement in

14  adoptive families for older children in foster care.

15         (2)  ELIGIBILITY.--

16         (a)  The department shall serve children who have

17  reached are 13 years of age but are not yet to 18 years of age

18  and who are in foster care  by providing services pursuant to

19  through the program component of services for foster children

20  provided in subsection (4) (3). Children to be served must

21  meet the eligibility requirements set forth for specific

22  services as provided in this section and through department

23  rule.

24         (b)  The department shall serve young adults who have

25  reached are 18 years of age but are not yet to 23 years of age

26  and who were in foster care when they turned 18 years of age

27  by providing services pursuant to through the program

28  component of services for young adults who were formerly in

29  foster care in subsection (5). Young adults Children to be

30  served must meet the eligibility requirements set forth for

31  specific services in this section and through department rule.


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 1         (3)  PREPARATION FOR INDEPENDENT LIVING.--

 2         (a)  It is the intent of the Legislature for the

 3  Department of Children and Family Services to assist older

 4  children in foster care and young adults who exit foster care

 5  at age 18 in making the transition to independent living and

 6  self-sufficiency as adults. The department shall provide such

 7  children and young adults with opportunities to participate in

 8  life skills activities in their foster families and

 9  communities which are reasonable and appropriate for their

10  respective ages, and shall provide them with services to build

11  the skills and increase their ability to live independently

12  and become self-sufficient. To support the provision of

13  opportunities for participation in age-appropriate life skills

14  activities, the department shall:

15         1.  Develop a list of age-appropriate activities and

16  responsibilities to be offered to all children involved in

17  independent living transition services and their foster

18  parents.

19         2.  Provide training for staff and foster parents to

20  address the issues of older children in foster care in

21  transitioning to adulthood, which shall include information on

22  supporting education and employment and providing

23  opportunities to participate in appropriate daily activities.

24         3.  Develop procedures to maximize the authority of

25  foster parents to approve participation in age-appropriate

26  activities of children in their care.

27         4.  Provide opportunities for older children in foster

28  care to interact with mentors.

29         5.  Develop and implement procedures for older children

30  to directly access and manage the personal allowance they

31  receive from the department in order to learn responsibility


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 1  and participate in age-appropriate life skills activities to

 2  the extent feasible.

 3         (b)  It is further the intent of the Legislature that

 4  each child in foster care, his or her foster parents, if

 5  applicable, and the department or community-based provider set

 6  early achievement and career goals for the child's

 7  postsecondary educational and work experience. The department

 8  and community-based providers shall implement the model set

 9  forth in this paragraph to help ensure that children in foster

10  care are ready for postsecondary education and the workplace.

11         1.  Children in foster care entering the ninth grade,

12  their foster parents, and the department or community-based

13  provider shall be active participants in choosing a post-high

14  school goal based upon both the abilities and interests of

15  each child. The goal shall accommodate the needs of children

16  served in exceptional education programs to the extent

17  appropriate for each individual. Such children may continue to

18  follow the courses outlined in the district school board

19  student progression plan. Children in foster care, with the

20  assistance of their foster parents, and the department or

21  community-based provider shall choose one of the following

22  postsecondary goals:

23         a.  Attending a 4-year college or university, a

24  community college plus university, or a military academy;

25         b.  Receiving a 2-year postsecondary degree;

26         c.  Attaining a postsecondary career and technical

27  certificate or credential; or

28         d.  Beginning immediate employment after completion of

29  a high school diploma or its equivalent, or enlisting in the

30  military.

31  


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 1         2.  In order to assist the child in foster care in

 2  achieving his or her chosen goal, the department or

 3  community-based provider shall, with the participation of the

 4  child and foster parents, identify:

 5         a.  The core courses necessary to qualify for a chosen

 6  goal.

 7         b.  Any elective courses which would provide additional

 8  help in reaching a chosen goal.

 9         c.  The grade point requirement and any additional

10  information necessary to achieve a specific goal.

11         d.  A teacher, other school staff member, employee of

12  the department or community-based care provider, or community

13  volunteer who would be willing to work with the child as an

14  academic advocate or mentor if foster parent involvement is

15  insufficient or unavailable.

16         3.  In order to complement educational goals, the

17  department and community-based providers are encouraged to

18  form partnerships with the business community to support

19  internships, apprenticeships, or other work-related

20  opportunities.

21         4.  The department and community-based providers shall

22  ensure that children in foster care and their foster parents

23  are made aware of the postsecondary goals available and shall

24  assist in identifying the coursework necessary to enable the

25  child to reach the chosen goal.

26         (c)  All children in foster care and young adults

27  formerly in foster care are encouraged to take part in

28  learning opportunities that result from participation in

29  community service activities.

30         (d)  Children in foster care and young adults formerly

31  in foster care shall be provided with the opportunity to


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 1  change from one postsecondary goal to another, and each

 2  postsecondary goal shall allow for changes in each

 3  individual's needs and preferences. Any change, particularly a

 4  change that will result in additional time required to achieve

 5  a goal, shall be made with the guidance and assistance of the

 6  department or community-based provider.

 7         (4)(3)  PROGRAM COMPONENT OF SERVICES FOR FOSTER

 8  CHILDREN IN FOSTER CARE.--The department shall provide the

 9  following transition to independence services to children in

10  foster care who meet prescribed conditions and are determined

11  eligible by the department. The service categories available

12  to children in foster care which facilitate successful

13  transition into adulthood are:

14         (a)  Preindependent-living services.--

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

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

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

18  shall be determined using a preindependent-living assessment.

19         2.  A child who has reached 13 years of age but is not

20  yet to 15 years of age who is in foster care is eligible for

21  such services.

22         3.  The department shall conduct an annual staffing for

23  each child who has reached 13 years of age but is not yet 15

24  years of age to ensure that the preindependent-living training

25  and services to be provided as determined by the

26  preindependent-living assessment are being received and to

27  evaluate the progress of the child in developing the needed

28  independent living skills.

29         4.  At the first annual staffing that occurs following

30  a child's 14th birthday, and at each subsequent staffing, the

31  department shall provide to each child detailed information on


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 1  services provided by the Road-to-Independence Scholarship

 2  Program, including requirements for eligibility; on other

 3  grants, scholarships, and waivers that are available and

 4  should be sought by the child with assistance from the

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

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

 7  application deadlines; and on grade requirements for such

 8  programs.

 9         5.  Information related to both the

10  preindependent-living assessment and all staffings, which

11  shall be reduced to writing and signed by the child

12  participant, shall be included as a part of the written report

13  required to be provided to the court at each judicial review

14  held pursuant to s. 39.701.

15         (b)  Life skills services.--

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

17  limited to, independent living skills training, including

18  training to develop banking and budgeting skills, interviewing

19  skills, parenting skills, educational support, employment

20  training, and counseling. Children receiving these services

21  should also be provided with information related to social

22  security insurance benefits and public assistance. The

23  specific services to be provided to a child shall be

24  determined using an independent life skills assessment.

25         2.  A child who has reached 15 years of age but is not

26  yet to 18 years of age who is in foster care is eligible for

27  such services.

28         3.  The department shall conduct a staffing at least

29  once every 6 months for each child who has reached 15 years of

30  age but is not yet 18 years of age to ensure that the

31  appropriate independent living training and services as


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 1  determined by the independent life skills assessment are being

 2  received and to evaluate the progress of the child in

 3  developing the needed independent living skills. At these

 4  staffings, the department shall identify children with

 5  developmental disabilities and special mental health needs and

 6  coordinate with the appropriate agencies to assist these

 7  children with their special needs, particularly the

 8  Developmental Disabilities Program Office and Mental Health

 9  Program Office. The department shall coordinate the child's

10  independent living plan with the school's individual education

11  plan if the child is in a special education program.

12         4.  The department shall provide to each child in

13  foster care during the calendar month following the child's

14  17th birthday an independent-living assessment to determine

15  the child's skills and abilities to live independently and

16  become self-sufficient. Based on the results of the

17  independent-living assessment, services and training shall be

18  provided in order for the child to develop the necessary

19  skills and abilities prior to the child's 18th birthday.

20         5.  Information related to both the independent life

21  skills assessment and all staffings, which shall be reduced to

22  writing and signed by the child participant, shall be included

23  as a part of the written report required to be provided to the

24  court at each judicial review held pursuant to s. 39.701.

25         (c)  Subsidized independent living services.--

26         1.  Subsidized independent living services are living

27  arrangements that allow the child to live independently of the

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

29  not required to be licensed under s. 409.175.

30  

31  


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 1         2.  A child who has reached 16 years of age but is not

 2  yet to 18 years of age is eligible for such services if he or

 3  she:

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

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

 6  prior to entering subsidized independent living; and has a

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

 8  licensed care; and

 9         b.  Is able to demonstrate independent living skills,

10  as determined by the department, using established procedures

11  and assessments.

12         3.  Independent living arrangements established for a

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

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

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

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

17  additional identified skills; the behavior that the child has

18  exhibited which indicates an ability to be responsible and a

19  plan for developing additional responsibilities, as

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

21  training skills; present financial and budgeting capabilities

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

23  of the proposed residence; documentation that the child

24  understands the specific consequences of his or her conduct in

25  the independent living program; documentation of proposed

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

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

28  contact; and a plan for maintaining or developing

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

30  community, as appropriate.

31  


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 1         4.  Subsidy payments in an amount established by the

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

 3  supervision of a caseworker or other responsible adult

 4  approved by the department.

 5         (4)  PARTICIPATION IN LIFE SKILLS ACTIVITIES.--In order

 6  to assist older children in foster care, ages 13 to 18 years

 7  of age, with the transition to independent living as adults,

 8  the program must provide them with opportunities to

 9  participate in and learn from life skills activities in their

10  foster families and communities which are reasonable and

11  appropriate for their age. Such activities may include, but

12  are not limited to, managing money earned from a job, taking

13  driver's education, and participating in after-school or

14  extracurricular activities. To support these opportunities for

15  participation in age-appropriate life skills activities, the

16  department may:

17         (a)  Develop, with children in the program and their

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

19  responsibilities to be presented to all children involved in

20  independent living transition services and their foster

21  parents.

22         (b)  Provide training for staff and foster parents

23  which addresses issues of older children in foster care and

24  the transition to adulthood, including supporting education

25  and employment and providing opportunities to participate in

26  appropriate daily activities.

27         (c)  Develop procedures to maximize the authority of

28  foster parents to approve participation in age-appropriate

29  activities of children in their care.

30         (d)  Provide opportunities for older children in foster

31  care to interact with mentors.


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 1         (e)  Develop and implement procedures for older

 2  children to directly access and manage the personal allowance

 3  they receive from the department in order to learn

 4  responsibility and participate in age-appropriate life skills

 5  activities to the extent feasible.

 6         (5)  PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS

 7  FORMERLY IN FOSTER CARE.--Based on the availability of funds,

 8  the department shall provide or arrange for the following

 9  services to young adults formerly in foster care who meet the

10  prescribed conditions and are determined eligible by the

11  department. The categories of services available to assist a

12  young adult formerly in foster care to achieve independence

13  are:

14         (a)  Aftercare support services.--

15         1.  Aftercare support services are available to assist

16  young adults who were formerly in foster care in their efforts

17  to continue to develop the skills and abilities necessary for

18  independent living. The aftercare support services available

19  include, but are not limited to, the following referrals to

20  resources in the community for:

21         a.  Mentoring and tutoring.

22         b.  Mental health services and substance abuse

23  counseling.

24         c.  Life skills classes, including credit management

25  and preventive health activities.

26         d.  Parenting classes.

27         e.  Job skills training.

28         f.  Counselor consultations.

29         g.  Temporary financial assistance.

30  

31  


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 1  The specific services to be provided under this subparagraph

 2  shall be determined by an aftercare services assessment and

 3  may be provided by the department or through referrals in the

 4  community. Temporary assistance may be provided to prevent

 5  homelessness shall be provided as expeditiously as possible

 6  and within the limitations defined by the department.

 7         2.  A young adult who has reached 18 years of age but

 8  is not yet to 23 years of age who leaves foster care at 18

 9  years of age but who requests services prior to reaching 23

10  years of age is eligible for such services.

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

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

13  intended to help eligible students who are former foster

14  children in this state to receive the educational and

15  vocational training needed to achieve independence. The amount

16  of the award shall be based on the living and educational

17  needs of the young adult and may be up to, but shall not

18  exceed equal the amount of earnings that the student would

19  have been eligible to earn working a 40-hour-a-week federal

20  minimum wage job, after considering other grants and

21  scholarships that are in excess of the educational

22  institutions' fees and costs, and contingent upon available

23  funds. Students eligible for the Road-to-Independence

24  Scholarship Program may also be eligible for educational fee

25  waivers for workforce development postsecondary programs,

26  community colleges, and universities, pursuant to s.

27  1009.25(2)(c).

28         2.  A young adult who has reached 18 years of age but

29  is not yet to 21 years of age is eligible for the initial

30  award, and a young adult under 23 years of age is eligible for

31  renewal awards, except that a young adult with a developmental


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 1  disability as defined in s. 393.063, who is under the age of

 2  23 years of age is eligible for the initial award or renewal

 3  awards, if he or she:

 4         a.  Was Is a dependent child, pursuant to chapter 39,

 5  and was is living in licensed foster care or in subsidized

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

 7         b.  Has Spent at least 6 months living in foster care

 8  before reaching his or her 18th birthday;

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

10  1009.40; and

11         d.  Meets one of the following qualifications:

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

13  equivalent as described in s. 1003.43 or s. 1003.435, or has

14  earned a special diploma or special certificate of completion

15  as described in s. 1003.438, and has been admitted for

16  full-time enrollment in an eligible postsecondary education

17  institution as defined in s. 1009.533;

18         (II)  Is enrolled full time in an accredited high

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

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

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

22  or

23         (III)  Is enrolled full time in an accredited adult

24  education program designed to provide the student with a high

25  school diploma or its equivalent, is making satisfactory

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

27  within 2 years of graduation.

28         3.  A young adult applying for a Road-to-Independence

29  Scholarship must apply for any other grants and scholarships

30  for which he or she may qualify. The department shall assist

31  the young adult in the application process and may use the


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 1  federal financial aid grant process to determine the funding

 2  needs of the young adult.

 3         4.  The amount of the award, whether it is being used

 4  by a young adult working towards completion of a high school

 5  diploma or its equivalent or working towards completion of a

 6  postsecondary education program, shall be determined based on

 7  an assessment of the funding needs of the young adult. This

 8  assessment shall consider the young adult's living and

 9  educational costs and other grants, scholarships, waivers,

10  earnings, and other income to be received by the young adult.

11  An award shall be available only to the extent that other

12  grants and scholarships are not sufficient to meet the living

13  and educational needs of the young adult, but an award shall

14  not be less than $25 in order to maintain Medicaid eligibility

15  for the young adult as provided in s. 409.903. For those young

16  adults who are attending high school or another education

17  program for which the financial aid grant process could not be

18  applied for the purpose of determining funding needs of the

19  young adult, the department may issue a base award of $654 and

20  consider the young adult's living and educational needs in

21  issuing a higher award amount.

22         5.3.a.  The department must advertise the availability

23  of the program and must ensure that the children and young

24  adults leaving foster care, foster parents, or family services

25  counselors are informed of the availability of the program and

26  the application procedures.

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

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

29  birthday and the department shall provide assistance with the

30  application process. A young adult who fails to make an

31  initial application, but who otherwise meets the criteria for


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 1  an initial award, may make one application for the initial

 2  award if such application is made before the young adult's

 3  21st birthday. If the young adult does not apply for an

 4  initial award before his or her 18th birthday, the department

 5  shall inform that young adult of the opportunity to apply

 6  before turning 21 years of age.

 7         c.  If funding for the program is available, the

 8  department shall issue awards from the scholarship program for

 9  each young adult who meets all the requirements of the

10  program.

11         d.  If funding for the program is not available, the

12  department may temporarily cease issuing new awards until

13  funds are available.

14         e.d.  An award shall be issued at the time the eligible

15  student reaches 18 years of age.

16         f.  A young adult who is eligible for the

17  Road-to-Independence Program and who so desires shall be

18  allowed to reside in the licensed foster family or group care

19  provider with whom he or she was residing at the time of

20  attaining his or her 18th birthday or in another foster home

21  placement that is arranged by the department.

22         g.e.  If the award recipient transfers from one

23  eligible institution to another and continues to meet

24  eligibility requirements, the award must be transferred with

25  the recipient.

26         h.f.  Scholarship funds awarded to any eligible young

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

28  provided to the young adult by the department through its

29  independent living transition services.

30         i.g.  The department shall provide information

31  concerning young adults receiving the Road-to-Independence


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 1  Scholarship to the Department of Education for inclusion in

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

 3  1009.94.

 4         j.h.  Scholarship funds are intended to help eligible

 5  students who are former foster children in this state to

 6  receive the educational and vocational training needed to

 7  become independent and self-supporting. Such funds shall be

 8  terminated when the young adult has attained one of four

 9  postsecondary goals pursuant to subsection (3) a bachelor of

10  arts or bachelor of science degree, or equivalent

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

12  occurs earlier. In order to initiate postsecondary education,

13  to allow for a change in career goal, or to obtain additional

14  skills in the same educational or vocational area, a young

15  adult may earn no more than two diplomas, certificates, or

16  credentials. A young adult attaining an associate of arts or

17  associate of science degree shall be permitted to work towards

18  completion of a bachelor of arts or a bachelor of science

19  degree or an equivalent undergraduate degree.

20  Road-to-Independence Scholarship funds shall not be used for

21  education or training after a young adult has attained a

22  bachelor of arts or a bachelor of science degree or an

23  equivalent undergraduate degree.

24         k.i.  The department shall evaluate and renew each

25  award annually during the 90-day period before the young

26  adult's birthday. In order to be eligible for a renewal award

27  for the subsequent year, the young adult must:

28         (I)  Complete the number of at least 12 semester hours,

29  or the equivalent considered full time by the educational

30  institution, in the last academic year in which the young

31  


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    CS for CS for CS for SB 512                    First Engrossed



 1  adult earned a scholarship, except for a young adult who meets

 2  the requirements of s. 1009.41.

 3         (II)  Maintain appropriate progress as required by the

 4  educational institution the cumulative grade point average

 5  required by the scholarship program, except that, if the young

 6  adult's progress is grades are insufficient to renew the

 7  scholarship at any time during the eligibility period, the

 8  young adult may restore eligibility by improving his or her

 9  progress the grade point average to the required level.

10         l.j.  Scholarship funds may be terminated during the

11  interim between an award and the evaluation for a renewal

12  award if the department determines that the award recipient is

13  no longer enrolled in an educational institution as defined in

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

15  department shall notify a student who is terminated and inform

16  the student of his or her right to appeal.

17         m.k.  An award recipient who does not qualify for a

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

19  subsequently apply for reinstatement. An application for

20  reinstatement must be made before the young adult reaches 23

21  years of age, and a student may not apply for reinstatement

22  more than once. In order to be eligible for reinstatement, the

23  young adult must meet the eligibility criteria and the

24  criteria for award renewal for the scholarship program.

25         l.  A young adult receiving continued services of the

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

27  to the scholarship program by July 1, 2003.

28         (c)  Transitional support services.--

29         1.  In addition to any services provided through after

30  care support or the Road-to-Independence Scholarship, a young

31  adult formerly in foster care, may receive other appropriate


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 1  short-term services, which may include financial, housing,

 2  counseling, employment, education, mental health, disability,

 3  and other services, if the young adult demonstrates that the

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

 5  achieve self-sufficiency and to develop a personal support

 6  system.

 7         2.  A young adult formerly in foster care is eligible

 8  to apply for transitional support services if he or she has

 9  reached is 18 years of age but is not yet to 23 years of age,

10  was a dependent child pursuant to chapter 39, was living in

11  licensed foster care or in subsidized independent living at

12  the time of his or her 18th birthday, and had spent at least 6

13  months living in foster care before that date. Young adults

14  not receiving a Road-to-Independence Scholarship shall have

15  priority for financial assistance provided through

16  transitional support services.

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

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

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

20  terminated.

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

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

23  transitional support funds shall be made directly to the

24  recipient unless the recipient requests that the payments or a

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

26  family or group care provider with whom the recipient was

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

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

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

30  shall continue to live in the foster home while receiving

31  aftercare, scholarship, or transitional support funds, the


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 1  caregiver shall establish written expectations for the young

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

 3  resides continues with a foster family shall not be included

 4  as a child in calculating any licensing restriction on the

 5  number of children in the foster home.

 6         (e)  Appeals process.--

 7         1.  The Department of Children and Family Services

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

 9  appeal an eligibility determination or the department's

10  failure to provide aftercare, scholarship, or transitional

11  support services, or the termination of such services, if such

12  funds are available.

13         2.  The procedure developed by the department must be

14  readily available to young adults, must provide timely

15  decisions, and must provide for an appeal to the Secretary of

16  Children and Family Services. The decision of the secretary

17  constitutes final agency action and is reviewable by the court

18  as provided in s. 120.68.

19         (6)  ACCOUNTABILITY.--The department shall develop

20  outcome measures for the program and other performance

21  measures.

22         (7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL

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

24  shall establish the Independent Living Services Advisory

25  Council for the purpose of reviewing and making

26  recommendations concerning the implementation and operation of

27  the independent living transition services. This advisory

28  council shall continue to function as specified in this

29  subsection until the Legislature determines that the advisory

30  council can no longer provide a valuable contribution to the

31  


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

22  advisory council workgroup shall report to the appropriate

23  substantive committees of the Senate and the House of

24  Representatives on the status of the implementation of the

25  system of independent living transition services; efforts to

26  publicize the availability of aftercare support services, the

27  Road-to-Independence Scholarship Program, and transitional

28  support services; specific barriers to financial aid created

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

30  services; problems identified; recommendations for department

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


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 1  the recommendations contained in the Independent Living

 2  Services Integration Workgroup Report submitted to the Senate

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

 4  advisory council workgroup report shall is to  be submitted by

 5  December 31 of each year that the council is in existence

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

 7  accompanied by a report from the department which identifies

 8  the recommendations of the advisory council workgroup and

 9  either describes the department's actions to implement these

10  recommendations or provides the department's rationale for not

11  implementing the recommendations.

12         (c)  Members of the advisory council shall be appointed

13  by the secretary of the department. The membership of the

14  advisory council must include, at a minimum, representatives

15  from the headquarters and district offices of the Department

16  of Children and Family Services, community-based care lead

17  agencies, the Agency for Workforce Innovation, the Department

18  of Education, the Agency for Health Care Administration, the

19  State Youth Advisory Board, Workforce Florida, Inc., the

20  Statewide Guardian Ad Litem Office, foster parents, and

21  advocates for foster children. The secretary shall determine

22  the length of the term to be served by each member appointed

23  to the advisory council, which may not exceed 4 years.

24         (8)  PERSONAL PROPERTY.--Property acquired on behalf of

25  clients of this program shall become the personal property of

26  the clients and is not subject to the requirements of chapter

27  273 relating to state-owned tangible personal property. Such

28  property continues to be subject to applicable federal laws.

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

30  procedures to administer this section, including balancing

31  provision for the proportional reduction of scholarship awards


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    CS for CS for CS for SB 512                    First Engrossed



 1  when adequate funds are not available for all applicants.

 2  These rules shall balance the goals of normalcy and safety for

 3  the youth and providing provide the caregivers with as much

 4  flexibility as possible to enable the youth to participate in

 5  normal life experiences. The department shall not adopt rules

 6  relating to reductions in scholarships awards. The department

 7  shall engage in appropriate planning to prevent, to the extent

 8  possible, a reduction in scholarship awards after issuance.

 9         Section 2.  Subsections (6) through (8) of section

10  39.701, Florida Statutes, are renumbered as subsections (7)

11  through (9), respectively, present subsections (6) and (7) are

12  amended, and a new subsection (6) is added to that section, to

13  read:

14         39.701  Judicial review.--

15         (6)(a)  In addition to the provisions of s.

16  39.701(1)(a) and (2)(a), the court shall hold a judicial

17  review hearing within 90 days after a child's 17th birthday

18  and shall continue to hold timely judicial review hearings. In

19  addition, the court may review the status of the child more

20  frequently during the year prior to the child's 18th birthday

21  if necessary. At each review held pursuant to this subsection,

22  in addition to any information or report provided to the

23  court, the foster parent, legal custodian, guardian ad litem,

24  and the child shall be given the opportunity to address the

25  court with any information relevant to the child's best

26  interests, particularly as it relates to the provision of

27  independent living transition services. In addition to any

28  information or report provided to the court, the department

29  shall include in its judicial review social study report

30  written verification that the child:

31         1.  Has been provided with a current Medicaid card.


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 1         2.  Has been provided with a certified copy of his or

 2  her birth certificate and, if the child does not have a valid

 3  driver's license, a Florida identification card issued

 4  pursuant to s. 322.051.

 5         3.  Has been provided information relating to Social

 6  Security Insurance benefits if the child is eligible for such

 7  benefits. If the child has received these benefits and they

 8  are being held in trust for the child, a full accounting of

 9  those funds shall be provided and the child must be informed

10  about how to access those funds.

11         4.  Has been provided with information and training

12  related to budgeting skills, interviewing skills, and

13  parenting skills.

14         5.  Has been provided with all relevant information

15  related to the Road-to-Independence Scholarship, including,

16  but not limited to, eligibility requirements, forms necessary

17  to apply, and assistance in completing the forms.

18         6.  Has an open bank account, or has identification

19  necessary to open such an account, and has been provided with

20  essential banking skills.

21         7.  Has been provided with information on public

22  assistance and how to apply.

23         8.  Has been provided a clear understanding of where he

24  or she will be living on his or her 18th birthday, how living

25  expenses will be paid, and what educational program or school

26  he or she will be enrolled in.

27         (b)  At the first judicial review hearing held

28  subsequent to the child's 17th birthday, in addition to the

29  requirements of subsection (7), the department shall provide

30  the court with an updated case plan that includes specific

31  information related to independent living services that have


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 1  been provided since the child's 13th birthday, or since the

 2  date the child came into foster care, whichever came later.

 3         (c)  At the time of a judicial review hearing held

 4  pursuant to this subsection, if, in the opinion of the court,

 5  the department has not complied with its obligations as

 6  specified in the written case plan or in the provision of

 7  independent living services as required by s. 409.1451 and

 8  this subsection, the court shall issue a show cause order. If

 9  cause is shown for failure to comply, the court shall give the

10  department 30 days within which to comply and, on failure to

11  comply with this or any subsequent order, the department may

12  be held in contempt.

13         (7)(6)(a)  Prior to every judicial review hearing or

14  citizen review panel hearing, the social service agency shall

15  make an investigation and social study concerning all

16  pertinent details relating to the child and shall furnish to

17  the court or citizen review panel a written report that

18  includes, but is not limited to:

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

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

21  child and the continuing necessity for and appropriateness of

22  the placement.

23         2.  Documentation of the diligent efforts made by all

24  parties to the case plan to comply with each applicable

25  provision of the plan.

26         3.  The amount of fees assessed and collected during

27  the period of time being reported.

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

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

30  indicated in the case plan.

31         5.  A statement that either:


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

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

 3  agency recommendations;

 4         b.  The parent did substantially comply with the

 5  provisions of the case plan; or

 6         c.  The parent has partially complied with the

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

 8  progress needed and the agency recommendations.

 9         6.  A statement from the foster parent or legal

10  custodian providing any material evidence concerning the

11  return of the child to the parent or parents.

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

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

14  recommendations for an expansion or restriction of future

15  visitation.

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

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

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

19  in placement.

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

21  has been changed, the number and types of educational

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

23  in placement.

24         10.  If the child has reached 13 years of age but is

25  not yet 18 years of age, the results of the

26  preindependent-living, life-skills, or independent-living

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

28  the delivery of the identified services.

29         11.10.  Copies of all medical, psychological, and

30  educational records that support the terms of the case plan

31  


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

 2  any caregiver since the last judicial review hearing.

 3         (b)  A copy of the social service agency's written

 4  report and the written report of the guardian ad litem must be

 5  served on all parties whose whereabouts are known; to the

 6  foster parents or legal custodians; and to the citizen review

 7  panel, at least 72 hours before the judicial review hearing or

 8  citizen review panel hearing. The requirement for providing

 9  parents with a copy of the written report does not apply to

10  those parents who have voluntarily surrendered their child for

11  adoption or who have had their parental rights to the child

12  terminated.

13         (c)  In a case in which the child has been permanently

14  placed with the social service agency, the agency shall

15  furnish to the court a written report concerning the progress

16  being made to place the child for adoption. If the child

17  cannot be placed for adoption, a report on the progress made

18  by the child towards alternative permanency goals or

19  placements, including, but not limited to, guardianship,

20  long-term custody, long-term licensed custody, or independent

21  living, must be submitted to the court. The report must be

22  submitted to the court at least 72 hours before each scheduled

23  judicial review.

24         (d)  In addition to or in lieu of any written statement

25  provided to the court, the foster parent or legal custodian,

26  or any preadoptive parent, shall be given the opportunity to

27  address the court with any information relevant to the best

28  interests of the child at any judicial review hearing.

29         (8)(7)  The court and any citizen review panel shall

30  take into consideration the information contained in the

31  social services study and investigation and all medical,


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 1  psychological, and educational records that support the terms

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

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

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

 5  person deemed appropriate; and any relevant and material

 6  evidence submitted to the court, including written and oral

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

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

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

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

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

12  deliberations, the court and any citizen review panel shall

13  seek to determine:

14         (j)  For a child who has reached 13 years of age but is

15  not yet 18 years of age, the adequacy of the child's

16  preparation for adulthood and independent living.

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

18  1009.25, Florida Statutes, is amended to read:

19         1009.25  Fee exemptions.--

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

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

22  that provides postsecondary career and technical programs,

23  community college, or state university:

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

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

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

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

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

29  from the Department of Children and Family Services after May

30  5, 1997. Such exemption includes fees associated with

31  enrollment in vocational-preparatory instruction and


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 1  completion of the college-level communication and computation

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

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

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

 5  from the Department of Children and Family Services after May

 6  5, 1997; however, the exemption remains valid for no more than

 7  4 years after the date of graduation from high school.

 8         Section 4.  Pursuant to section 11.45(2), Florida

 9  Statutes, the Auditor General shall perform both an

10  operational audit and a performance audit, as defined in

11  section 11.45(1), Florida Statutes, of the independent living

12  transition services program within the Department of Children

13  and Family Services and shall submit a report to the Governor,

14  the President of the Senate, the Speaker of the House of

15  Representatives, the Secretary of Children and Family

16  Services, and the appropriate substantive committees of the

17  Senate and the House of Representatives no later than February

18  28, 2005.

19         Section 5.  The Office of Program Policy and Government

20  Accountability shall develop recommendations for the minimum

21  system standards for the independent living transition

22  services system required in section 409.1451(6), Florida

23  Statutes. These recommendations shall be developed with advice

24  from the key stakeholders in the independent living transition

25  service system, including, but not limited to, independent

26  living services staff of the Department of Children and Family

27  Services and community-based care lead agencies,

28  representatives of the State Youth Advisory Board, other youth

29  and young adults who are or have been in the foster care

30  system, foster parents, and representatives from other state

31  agencies, and community service providers who are involved in


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 1  serving this population. These recommendations shall be

 2  provided to the Department of Children and Family Services on

 3  or before November 30, 2004.

 4         Section 6.  This act shall take effect upon becoming a

 5  law.

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