HB 1161

1
A bill to be entitled
2An act relating to independent living; amending s. 39.013,
3F.S.; authorizing a child in foster care to petition the
4court to retain jurisdiction of his or her case; limiting
5the court's continued jurisdiction to 1 year after the
6child's 18th birthday; identifying the issues to be
7considered by the court during its continued jurisdiction;
8providing that a judicial review hearing is not required;
9providing an exception; amending s. 39.701, F.S.;
10requiring the Department of Children and Family Services
11to include in its judicial review study report
12verification that the child has been provided with certain
13information about the Road-to-Independence Scholarship
14Program and with notice that court jurisdiction continues
15for a specified period of time; amending s. 409.903, F.S.;
16expanding Medicaid eligibility to include certain young
17adults; amending s. 409.1451, F.S.; authorizing a child
18who is eligible for the Road-to-Independence Scholarship
19Program to continue to reside with a licensed foster
20family or a group care provider; providing an effective
21date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsection (2) of section 39.013, Florida
26Statutes, is amended to read:
27     39.013  Procedures and jurisdiction; right to counsel.--
28     (2)  The circuit court shall have exclusive original
29jurisdiction of all proceedings under this chapter, of a child
30voluntarily placed with a licensed child-caring agency, a
31licensed child-placing agency, or the department, and of the
32adoption of children whose parental rights have been terminated
33under pursuant to this chapter. Jurisdiction attaches when the
34initial shelter petition, dependency petition, or termination of
35parental rights petition is filed or when a child is taken into
36the custody of the department. The circuit court may assume
37jurisdiction over any such proceeding regardless of whether the
38child was in the physical custody of both parents, was in the
39sole legal or physical custody of only one parent, caregiver, or
40some other person, or was in the physical or legal custody of no
41person when the event or condition occurred that brought the
42child to the attention of the court. When the court obtains
43jurisdiction of any child who has been found to be dependent,
44the court shall retain jurisdiction, unless relinquished by its
45order, until the child reaches 18 years of age. However, the
46juvenile court on its own motion or the child up to his or her
4719th birthday may petition the court to extend its jurisdiction
48under this chapter for a period not to exceed 1 year after the
49child's 18th birthday in order to:
50     (a)  Determine whether a dependent child who was formerly
51in the legal custody of the department immediately before
52becoming an adult received appropriate aftercare support, Road-
53to-Independence Scholarship Program, transitional support,
54mental health, and development disability services to the extent
55otherwise authorized by law. A judicial review hearing is not
56required under this paragraph unless requested by the former
57dependent child or on the court's own motion for good cause
58shown; or
59     (b)  Meet any requirement of federal law with respect to
60the court's ongoing jurisdiction pending the federal
61government's issuance of a Special Immigrant Juvenile Visa to a
62child who was formerly a dependent child.
63     Section 2.  Paragraph (a) of subsection (6) of section
6439.701, Florida Statutes, is amended to read:
65     39.701  Judicial review.--
66     (6)(a)  In addition to the provisions of paragraphs (1)(a)
67and (2)(a), the court shall hold a judicial review hearing
68within 90 days after a child's 17th birthday and shall continue
69to hold timely judicial review hearings. In addition, the court
70may review the status of the child more frequently during the
71year prior to the child's 18th birthday if necessary. At each
72review held under pursuant to this subsection, in addition to
73any information or report provided to the court, the foster
74parent, legal custodian, guardian ad litem, and the child shall
75be given the opportunity to address the court with any
76information relevant to the child's best interests, particularly
77as it relates to the provision of independent living transition
78services. In addition to any information or report provided to
79the court, the department shall include in its judicial review
80social 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
83birth certificate and, if the child does not have a valid
84driver's license, a Florida identification card issued under
85pursuant to s. 322.051.
86     3.  Has been provided information relating to Social
87Security Insurance benefits if the child is eligible for these
88such benefits. If the child has received these benefits and they
89are being held in trust for the child, a full accounting of
90those funds must shall be provided and the child must be
91informed about how to access those funds.
92     4.  Has been provided with information and training related
93to budgeting skills, interviewing skills, and parenting skills.
94     5.  Has been provided with all relevant information related
95to the Road-to-Independence Scholarship, including, but not
96limited to, eligibility requirements, forms necessary to apply,
97and assistance in completing the forms. The child shall also be
98informed that, if he or she is eligible for the Road-to-
99Independence Scholarship Program, he or she may reside with the
100licensed foster family or group care provider with whom the
101child was residing at the time of attaining his or her 18th
102birthday or may reside in another licensed foster home arranged
103by the department.
104     6.  Has an open bank account, or has identification
105necessary to open such an account, and has been provided with
106essential banking skills.
107     7.  Has been provided with information on public assistance
108and how to apply.
109     8.  Has been provided a clear understanding of where he or
110she will be living on his or her 18th birthday, how living
111expenses will be paid, and what educational program or school he
112or she will be enrolled in.
113     9.  Has been provided with notice of the court's continuing
114jurisdiction for 1 year after the child's 18th birthday as
115specified in s. 39.013(2) and with information on how to obtain
116access to the court.
117     10.  Has had a guardian ad litem appointed by his or her
11817th birthday.
119     Section 3.  Subsection (4) of section 409.903, Florida
120Statutes, is amended to read:
121     409.903  Mandatory payments for eligible persons.--The
122agency shall make payments for medical assistance and related
123services on behalf of the following persons who the department,
124or the Social Security Administration by contract with the
125Department of Children and Family Services, determines to be
126eligible, subject to the income, assets, and categorical
127eligibility tests set forth in federal and state law.  Payment
128on behalf of these Medicaid eligible persons is subject to the
129availability of moneys and any limitations established by the
130General Appropriations Act or chapter 216.
131     (4)  A child who is eligible under Title IV-E of the Social
132Security Act for subsidized board payments, foster care, or
133adoption subsidies, and a child for whom the state has assumed
134temporary or permanent responsibility and who does not qualify
135for Title IV-E assistance but is in foster care, shelter or
136emergency shelter care, or subsidized adoption. This category
137includes a young adult under 21 years of age child who was
138eligible under Title IV-E of the Social Security Act for foster
139care or the state-provided foster care and, who exited foster
140care due to attaining the age of 18 years, and who has been
141awarded a Road-to-Independence Scholarship.
142     Section 4.  Paragraphs (b) and (d) of subsection (5) of
143section 409.1451, Florida Statutes, are amended to read:
144     409.1451  Independent living transition services.--
145     (5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER
146CARE.--Based on the availability of funds, the department shall
147provide or arrange for the following services to young adults
148formerly in foster care who meet the prescribed conditions and
149are determined eligible by the department. The categories of
150services available to assist a young adult formerly in foster
151care to achieve independence are:
152     (b)  Road-to-Independence Scholarship Program.--
153     1.  The Road-to-Independence Scholarship Program is
154intended to help eligible students who are former foster
155children in this state to receive the educational and vocational
156training needed to achieve independence. The amount of the award
157shall be based on the living and educational needs of the young
158adult and may be up to, but may shall not exceed, the amount of
159earnings that the student would have been eligible to earn
160working a 40-hour-a-week federal minimum wage job.
161     2.  A young adult who has reached 18 years of age but is
162not yet 21 years of age is eligible for the initial award, and a
163young adult under 23 years of age is eligible for renewal
164awards, if he or she:
165     a.  Was a dependent child, under pursuant to chapter 39,
166and was living in licensed foster care or in subsidized
167independent living at the time of his or her 18th birthday;
168     b.  Spent at least 6 months living in foster care before
169reaching his or her 18th birthday;
170     c.  Is a resident of this state as defined in s. 1009.40;
171and
172     d.  Meets one of the following qualifications:
173     (I)  Has earned a standard high school diploma or its
174equivalent as described in s. 1003.43 or s. 1003.435, or has
175earned a special diploma or special certificate of completion as
176described in s. 1003.438, and has been admitted for full-time
177enrollment in an eligible postsecondary education institution as
178defined in s. 1009.533;
179     (II)  Is enrolled full time in an accredited high school;
180or
181     (III)  Is enrolled full time in an accredited adult
182education program designed to provide the student with a high
183school diploma or its equivalent.
184     3.  A young adult applying for a Road-to-Independence
185Scholarship must apply for any other grants and scholarships for
186which he or she may qualify. The department shall assist the
187young adult in the application process and may use the federal
188financial aid grant process to determine the funding needs of
189the young adult.
190     4.  The amount of the award, whether it is being used by a
191young adult working toward completion of a high school diploma
192or its equivalent or working toward completion of a
193postsecondary education program, shall be determined based on an
194assessment of the funding needs of the young adult. This
195assessment must shall consider the young adult's living and
196educational costs and other grants, scholarships, waivers,
197earnings, and other income to be received by the young adult. An
198award shall be available only to the extent that other grants
199and scholarships are not sufficient to meet the living and
200educational needs of the young adult, but an award may shall not
201be less than $25 in order to maintain Medicaid eligibility for
202the young adult as provided in s. 409.903.
203     5.a.  The department must advertise the availability of the
204program and must ensure that the children and young adults
205leaving foster care, foster parents, or family services
206counselors are informed of the availability of the program and
207the application procedures.
208     b.  A young adult must apply for the initial award during
209the 6 months immediately preceding his or her 18th birthday, and
210the department shall provide assistance with the application
211process. A young adult who fails to make an initial application,
212but who otherwise meets the criteria for an initial award, may
213make one application for the initial award if the such
214application is made before the young adult's 21st birthday. If
215the young adult does not apply for an initial award before his
216or her 18th birthday, the department shall inform that young
217adult of the opportunity to apply before turning 21 years of
218age.
219     c.  If funding for the program is available, the department
220shall issue awards from the scholarship program for each young
221adult who meets all the requirements of the program.
222     d.  An award shall be issued at the time the eligible
223student reaches 18 years of age.
224     e.  A young adult who is eligible for the Road-to-
225Independence Program and who so desires shall be allowed to
226reside with remain in the licensed foster family or group care
227provider with whom he or she was residing at the time of
228attaining his or her 18th birthday or to reside in another
229licensed foster home arranged by the department.
230     f.  If the award recipient transfers from one eligible
231institution to another and continues to meet eligibility
232requirements, the award must be transferred with the recipient.
233     g.  Scholarship funds awarded to any eligible young adult
234under this program are in addition to any other services
235provided to the young adult by the department through its
236independent living transition services.
237     h.  The department shall provide information concerning
238young adults receiving the Road-to-Independence Scholarship to
239the Department of Education for inclusion in the student
240financial assistance database, as provided in s. 1009.94.
241     i.  Scholarship funds are intended to help eligible
242students who are former foster children in this state to receive
243the educational and vocational training needed to become
244independent and self-supporting. The Such funds shall be
245terminated when the young adult has attained one of four
246postsecondary goals under pursuant to subsection (3) or reaches
24723 years of age, whichever occurs earlier. In order to initiate
248postsecondary education, to allow for a change in career goal,
249or to obtain additional skills in the same educational or
250vocational area, a young adult may earn no more than two
251diplomas, certificates, or credentials. A young adult attaining
252an associate of arts or associate of science degree shall be
253permitted to work toward completion of a bachelor of arts or a
254bachelor of science degree or an equivalent undergraduate
255degree. Road-to-Independence Scholarship funds may shall not be
256used for education or training after a young adult has attained
257a bachelor of arts or a bachelor of science degree or an
258equivalent undergraduate degree.
259     j.  The department shall evaluate and renew each award
260annually during the 90-day period before the young adult's
261birthday. In order to be eligible for a renewal award for the
262subsequent year, the young adult must:
263     (I)  Complete the number of hours, or the equivalent
264considered full time by the educational institution, in the last
265academic year in which the young adult earned a scholarship,
266except for a young adult who meets the requirements of s.
2671009.41.
268     (II)  Maintain appropriate progress as required by the
269educational institution, except that, if the young adult's
270progress is insufficient to renew the scholarship at any time
271during the eligibility period, the young adult may restore
272eligibility by improving his or her progress to the required
273level.
274     k.  Scholarship funds may be terminated during the interim
275between an award and the evaluation for a renewal award if the
276department determines that the award recipient is no longer
277enrolled in an educational institution as defined in sub-
278subparagraph 2.d., or is no longer a state resident. The
279department shall notify a student who is terminated and inform
280the student of his or her right to appeal.
281     l.  An award recipient who does not qualify for a renewal
282award or who chooses not to renew the award may subsequently
283apply for reinstatement. An application for reinstatement must
284be made before the young adult reaches 23 years of age, and a
285student may not apply for reinstatement more than once. In order
286to be eligible for reinstatement, the young adult must meet the
287eligibility criteria and the criteria for award renewal for the
288scholarship program.
289     (d)  Payment of aftercare, scholarship, or transitional
290support funds.--Payment of aftercare, scholarship, or
291transitional support funds shall be made directly to the
292recipient unless the recipient requests in writing to the
293community-based care lead agency, or the department, that the
294payments or a portion of the payments be made directly on the
295recipient's behalf in order to secure services such as housing,
296counseling, education, or employment training as part of the
297young adult's own efforts to achieve self-sufficiency. The young
298adult who resides continues with a foster family may shall not
299be included as a child in calculating any licensing restriction
300on the number of children in the foster home.
301     Section 5.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.