1 | A bill to be entitled |
2 | An act relating to independent living; amending s. 39.013, |
3 | F.S.; authorizing a child in foster care to petition the |
4 | court to retain jurisdiction of his or her case; limiting |
5 | the court's continued jurisdiction to 1 year after the |
6 | child's 18th birthday; identifying the issues to be |
7 | considered by the court during its continued jurisdiction; |
8 | providing that a judicial review hearing is not required; |
9 | providing an exception; amending s. 39.701, F.S.; |
10 | requiring the Department of Children and Family Services |
11 | to include in its judicial review study report |
12 | verification that the child has been provided with certain |
13 | information about the Road-to-Independence Scholarship |
14 | Program and with notice that court jurisdiction continues |
15 | for a specified period of time; amending s. 409.903, F.S.; |
16 | expanding Medicaid eligibility to include certain young |
17 | adults; amending s. 409.1451, F.S.; authorizing a child |
18 | who is eligible for the Road-to-Independence Scholarship |
19 | Program to continue to reside with a licensed foster |
20 | family or a group care provider; providing an effective |
21 | date. |
22 |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
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25 | Section 1. Subsection (2) of section 39.013, Florida |
26 | Statutes, is amended to read: |
27 | 39.013 Procedures and jurisdiction; right to counsel.-- |
28 | (2) The circuit court shall have exclusive original |
29 | jurisdiction of all proceedings under this chapter, of a child |
30 | voluntarily placed with a licensed child-caring agency, a |
31 | licensed child-placing agency, or the department, and of the |
32 | adoption of children whose parental rights have been terminated |
33 | under pursuant to this chapter. Jurisdiction attaches when the |
34 | initial shelter petition, dependency petition, or termination of |
35 | parental rights petition is filed or when a child is taken into |
36 | the custody of the department. The circuit court may assume |
37 | jurisdiction over any such proceeding regardless of whether the |
38 | child was in the physical custody of both parents, was in the |
39 | sole legal or physical custody of only one parent, caregiver, or |
40 | some other person, or was in the physical or legal custody of no |
41 | person when the event or condition occurred that brought the |
42 | child to the attention of the court. When the court obtains |
43 | jurisdiction of any child who has been found to be dependent, |
44 | the court shall retain jurisdiction, unless relinquished by its |
45 | order, until the child reaches 18 years of age. However, the |
46 | juvenile court on its own motion or the child up to his or her |
47 | 19th birthday may petition the court to extend its jurisdiction |
48 | under this chapter for a period not to exceed 1 year after the |
49 | child's 18th birthday in order to: |
50 | (a) Determine whether a dependent child who was formerly |
51 | in the legal custody of the department immediately before |
52 | becoming an adult received appropriate aftercare support, Road- |
53 | to-Independence Scholarship Program, transitional support, |
54 | mental health, and development disability services to the extent |
55 | otherwise authorized by law. A judicial review hearing is not |
56 | required under this paragraph unless requested by the former |
57 | dependent child or on the court's own motion for good cause |
58 | shown; or |
59 | (b) Meet any requirement of federal law with respect to |
60 | the court's ongoing jurisdiction pending the federal |
61 | government's issuance of a Special Immigrant Juvenile Visa to a |
62 | child who was formerly a dependent child. |
63 | Section 2. Paragraph (a) of subsection (6) of section |
64 | 39.701, Florida Statutes, is amended to read: |
65 | 39.701 Judicial review.-- |
66 | (6)(a) In addition to the provisions of paragraphs (1)(a) |
67 | and (2)(a), the court shall hold a judicial review hearing |
68 | within 90 days after a child's 17th birthday and shall continue |
69 | to hold timely judicial review hearings. In addition, the court |
70 | may review the status of the child more frequently during the |
71 | year prior to the child's 18th birthday if necessary. At each |
72 | review held under pursuant to this subsection, in addition to |
73 | any information or report provided to the court, the foster |
74 | parent, legal custodian, guardian ad litem, and the child shall |
75 | be given the opportunity to address the court with any |
76 | information relevant to the child's best interests, particularly |
77 | as it relates to the provision of independent living transition |
78 | services. In addition to any information or report provided to |
79 | the court, the department shall include in its judicial review |
80 | social study report written verification that the child: |
81 | 1. Has been provided with a current Medicaid card. |
82 | 2. Has been provided with a certified copy of his or her |
83 | birth certificate and, if the child does not have a valid |
84 | driver's license, a Florida identification card issued under |
85 | pursuant to s. 322.051. |
86 | 3. Has been provided information relating to Social |
87 | Security Insurance benefits if the child is eligible for these |
88 | such benefits. If the child has received these benefits and they |
89 | are being held in trust for the child, a full accounting of |
90 | those funds must shall be provided and the child must be |
91 | informed about how to access those funds. |
92 | 4. Has been provided with information and training related |
93 | to budgeting skills, interviewing skills, and parenting skills. |
94 | 5. Has been provided with all relevant information related |
95 | to the Road-to-Independence Scholarship, including, but not |
96 | limited to, eligibility requirements, forms necessary to apply, |
97 | and assistance in completing the forms. The child shall also be |
98 | informed that, if he or she is eligible for the Road-to- |
99 | Independence Scholarship Program, he or she may reside with the |
100 | licensed foster family or group care provider with whom the |
101 | child was residing at the time of attaining his or her 18th |
102 | birthday or may reside in another licensed foster home arranged |
103 | by the department. |
104 | 6. Has an open bank account, or has identification |
105 | necessary to open such an account, and has been provided with |
106 | essential banking skills. |
107 | 7. Has been provided with information on public assistance |
108 | and how to apply. |
109 | 8. Has been provided a clear understanding of where he or |
110 | she will be living on his or her 18th birthday, how living |
111 | expenses will be paid, and what educational program or school he |
112 | or she will be enrolled in. |
113 | 9. Has been provided with notice of the court's continuing |
114 | jurisdiction for 1 year after the child's 18th birthday as |
115 | specified in s. 39.013(2) and with information on how to obtain |
116 | access to the court. |
117 | 10. Has had a guardian ad litem appointed by his or her |
118 | 17th birthday. |
119 | Section 3. Subsection (4) of section 409.903, Florida |
120 | Statutes, is amended to read: |
121 | 409.903 Mandatory payments for eligible persons.--The |
122 | agency shall make payments for medical assistance and related |
123 | services on behalf of the following persons who the department, |
124 | or the Social Security Administration by contract with the |
125 | Department of Children and Family Services, determines to be |
126 | eligible, subject to the income, assets, and categorical |
127 | eligibility tests set forth in federal and state law. Payment |
128 | on behalf of these Medicaid eligible persons is subject to the |
129 | availability of moneys and any limitations established by the |
130 | General Appropriations Act or chapter 216. |
131 | (4) A child who is eligible under Title IV-E of the Social |
132 | Security Act for subsidized board payments, foster care, or |
133 | adoption subsidies, and a child for whom the state has assumed |
134 | temporary or permanent responsibility and who does not qualify |
135 | for Title IV-E assistance but is in foster care, shelter or |
136 | emergency shelter care, or subsidized adoption. This category |
137 | includes a young adult under 21 years of age child who was |
138 | eligible under Title IV-E of the Social Security Act for foster |
139 | care or the state-provided foster care and, who exited foster |
140 | care due to attaining the age of 18 years, and who has been |
141 | awarded a Road-to-Independence Scholarship. |
142 | Section 4. Paragraphs (b) and (d) of subsection (5) of |
143 | section 409.1451, Florida Statutes, are amended to read: |
144 | 409.1451 Independent living transition services.-- |
145 | (5) SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER |
146 | CARE.--Based on the availability of funds, the department shall |
147 | provide or arrange for the following services to young adults |
148 | formerly in foster care who meet the prescribed conditions and |
149 | are determined eligible by the department. The categories of |
150 | services available to assist a young adult formerly in foster |
151 | care to achieve independence are: |
152 | (b) Road-to-Independence Scholarship Program.-- |
153 | 1. The Road-to-Independence Scholarship Program is |
154 | intended to help eligible students who are former foster |
155 | children in this state to receive the educational and vocational |
156 | training needed to achieve independence. The amount of the award |
157 | shall be based on the living and educational needs of the young |
158 | adult and may be up to, but may shall not exceed, the amount of |
159 | earnings that the student would have been eligible to earn |
160 | working a 40-hour-a-week federal minimum wage job. |
161 | 2. A young adult who has reached 18 years of age but is |
162 | not yet 21 years of age is eligible for the initial award, and a |
163 | young adult under 23 years of age is eligible for renewal |
164 | awards, if he or she: |
165 | a. Was a dependent child, under pursuant to chapter 39, |
166 | and was living in licensed foster care or in subsidized |
167 | independent living at the time of his or her 18th birthday; |
168 | b. Spent at least 6 months living in foster care before |
169 | reaching his or her 18th birthday; |
170 | c. Is a resident of this state as defined in s. 1009.40; |
171 | and |
172 | d. Meets one of the following qualifications: |
173 | (I) Has earned a standard high school diploma or its |
174 | equivalent as described in s. 1003.43 or s. 1003.435, or has |
175 | earned a special diploma or special certificate of completion as |
176 | described in s. 1003.438, and has been admitted for full-time |
177 | enrollment in an eligible postsecondary education institution as |
178 | defined in s. 1009.533; |
179 | (II) Is enrolled full time in an accredited high school; |
180 | or |
181 | (III) Is enrolled full time in an accredited adult |
182 | education program designed to provide the student with a high |
183 | school diploma or its equivalent. |
184 | 3. A young adult applying for a Road-to-Independence |
185 | Scholarship must apply for any other grants and scholarships for |
186 | which he or she may qualify. The department shall assist the |
187 | young adult in the application process and may use the federal |
188 | financial aid grant process to determine the funding needs of |
189 | the young adult. |
190 | 4. The amount of the award, whether it is being used by a |
191 | young adult working toward completion of a high school diploma |
192 | or its equivalent or working toward completion of a |
193 | postsecondary education program, shall be determined based on an |
194 | assessment of the funding needs of the young adult. This |
195 | assessment must shall consider the young adult's living and |
196 | educational costs and other grants, scholarships, waivers, |
197 | earnings, and other income to be received by the young adult. An |
198 | award shall be available only to the extent that other grants |
199 | and scholarships are not sufficient to meet the living and |
200 | educational needs of the young adult, but an award may shall not |
201 | be less than $25 in order to maintain Medicaid eligibility for |
202 | the young adult as provided in s. 409.903. |
203 | 5.a. The department must advertise the availability of the |
204 | program and must ensure that the children and young adults |
205 | leaving foster care, foster parents, or family services |
206 | counselors are informed of the availability of the program and |
207 | the application procedures. |
208 | b. A young adult must apply for the initial award during |
209 | the 6 months immediately preceding his or her 18th birthday, and |
210 | the department shall provide assistance with the application |
211 | process. A young adult who fails to make an initial application, |
212 | but who otherwise meets the criteria for an initial award, may |
213 | make one application for the initial award if the such |
214 | application is made before the young adult's 21st birthday. If |
215 | the young adult does not apply for an initial award before his |
216 | or her 18th birthday, the department shall inform that young |
217 | adult of the opportunity to apply before turning 21 years of |
218 | age. |
219 | c. If funding for the program is available, the department |
220 | shall issue awards from the scholarship program for each young |
221 | adult who meets all the requirements of the program. |
222 | d. An award shall be issued at the time the eligible |
223 | student reaches 18 years of age. |
224 | e. A young adult who is eligible for the Road-to- |
225 | Independence Program and who so desires shall be allowed to |
226 | reside with remain in the licensed foster family or group care |
227 | provider with whom he or she was residing at the time of |
228 | attaining his or her 18th birthday or to reside in another |
229 | licensed foster home arranged by the department. |
230 | f. If the award recipient transfers from one eligible |
231 | institution to another and continues to meet eligibility |
232 | requirements, the award must be transferred with the recipient. |
233 | g. Scholarship funds awarded to any eligible young adult |
234 | under this program are in addition to any other services |
235 | provided to the young adult by the department through its |
236 | independent living transition services. |
237 | h. The department shall provide information concerning |
238 | young adults receiving the Road-to-Independence Scholarship to |
239 | the Department of Education for inclusion in the student |
240 | financial assistance database, as provided in s. 1009.94. |
241 | i. Scholarship funds are intended to help eligible |
242 | students who are former foster children in this state to receive |
243 | the educational and vocational training needed to become |
244 | independent and self-supporting. The Such funds shall be |
245 | terminated when the young adult has attained one of four |
246 | postsecondary goals under pursuant to subsection (3) or reaches |
247 | 23 years of age, whichever occurs earlier. In order to initiate |
248 | postsecondary education, to allow for a change in career goal, |
249 | or to obtain additional skills in the same educational or |
250 | vocational area, a young adult may earn no more than two |
251 | diplomas, certificates, or credentials. A young adult attaining |
252 | an associate of arts or associate of science degree shall be |
253 | permitted to work toward completion of a bachelor of arts or a |
254 | bachelor of science degree or an equivalent undergraduate |
255 | degree. Road-to-Independence Scholarship funds may shall not be |
256 | used for education or training after a young adult has attained |
257 | a bachelor of arts or a bachelor of science degree or an |
258 | equivalent undergraduate degree. |
259 | j. The department shall evaluate and renew each award |
260 | annually during the 90-day period before the young adult's |
261 | birthday. In order to be eligible for a renewal award for the |
262 | subsequent year, the young adult must: |
263 | (I) Complete the number of hours, or the equivalent |
264 | considered full time by the educational institution, in the last |
265 | academic year in which the young adult earned a scholarship, |
266 | except for a young adult who meets the requirements of s. |
267 | 1009.41. |
268 | (II) Maintain appropriate progress as required by the |
269 | educational institution, except that, if the young adult's |
270 | progress is insufficient to renew the scholarship at any time |
271 | during the eligibility period, the young adult may restore |
272 | eligibility by improving his or her progress to the required |
273 | level. |
274 | k. Scholarship funds may be terminated during the interim |
275 | between an award and the evaluation for a renewal award if the |
276 | department determines that the award recipient is no longer |
277 | enrolled in an educational institution as defined in sub- |
278 | subparagraph 2.d., or is no longer a state resident. The |
279 | department shall notify a student who is terminated and inform |
280 | the student of his or her right to appeal. |
281 | l. An award recipient who does not qualify for a renewal |
282 | award or who chooses not to renew the award may subsequently |
283 | apply for reinstatement. An application for reinstatement must |
284 | be made before the young adult reaches 23 years of age, and a |
285 | student may not apply for reinstatement more than once. In order |
286 | to be eligible for reinstatement, the young adult must meet the |
287 | eligibility criteria and the criteria for award renewal for the |
288 | scholarship program. |
289 | (d) Payment of aftercare, scholarship, or transitional |
290 | support funds.--Payment of aftercare, scholarship, or |
291 | transitional support funds shall be made directly to the |
292 | recipient unless the recipient requests in writing to the |
293 | community-based care lead agency, or the department, that the |
294 | payments or a portion of the payments be made directly on the |
295 | recipient's behalf in order to secure services such as housing, |
296 | counseling, education, or employment training as part of the |
297 | young adult's own efforts to achieve self-sufficiency. The young |
298 | adult who resides continues with a foster family may shall not |
299 | be included as a child in calculating any licensing restriction |
300 | on the number of children in the foster home. |
301 | Section 5. This act shall take effect July 1, 2005. |