Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 1314
                        Barcode 142328
                            CHAMBER ACTION
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11  The Committee on Health and Human Services Appropriations
12  (Rich) recommended the following substitute for amendment
13  (193756):
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15         Senate Amendment (with title amendment) 
16         Delete everything after the enacting clause
17  
18  and insert:  
19         Section 1.  Subsection (2) of section 39.013, Florida
20  Statutes, is amended to read:
21         39.013  Procedures and jurisdiction; right to
22  counsel.--
23         (2)  The circuit court shall have exclusive original
24  jurisdiction of all proceedings under this chapter, of a child
25  voluntarily placed with a licensed child-caring agency, a
26  licensed child-placing agency, or the department, and of the
27  adoption of children whose parental rights have been
28  terminated under pursuant to this chapter. Jurisdiction
29  attaches when the initial shelter petition, dependency
30  petition, or termination of parental rights petition is filed
31  or when a child is taken into the custody of the department.
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1314 Barcode 142328 1 The circuit court may assume jurisdiction over any such 2 proceeding regardless of whether the child was in the physical 3 custody of both parents, was in the sole legal or physical 4 custody of only one parent, caregiver, or some other person, 5 or was in the physical or legal custody of no person when the 6 event or condition occurred that brought the child to the 7 attention of the court. When the court obtains jurisdiction of 8 any child who has been found to be dependent, the court shall 9 retain jurisdiction, unless relinquished by its order, until 10 the child reaches 18 years of age. However, if a youth 11 petitions the court at any time before his or her 19th 12 birthday requesting the court's continued jurisdiction, the 13 juvenile court may retain jurisdiction under this chapter for 14 a period not to exceed 1 year following the youth's 18th 15 birthday for the purpose of determining whether appropriate 16 aftercare support, Road-to-Independence Scholarship, 17 transitional support, mental health, and developmental 18 disability services, to the extent otherwise authorized by 19 law, have been provided to the formerly dependent child who 20 was in the legal custody of the department immediately before 21 his or her 18th birthday or to meet any requirement of federal 22 law with respect to the court's ongoing jurisdiction pending 23 the Federal Government's issuance of a Special Immigrant 24 Juvenile Visa to a child who was formerly a dependent child. A 25 judicial review hearing is not required under this subsection 26 unless requested by the formerly dependent child or upon the 27 court's own motion for cause. 28 Section 2. Paragraph (a) of subsection (6) of section 29 39.701, Florida Statutes, is amended to read: 30 39.701 Judicial review.-- 31 (6)(a) In addition to the provisions of paragraphs 2 4:44 PM 04/25/05 s1314c2d-ha34-c8g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1314 Barcode 142328 1 (1)(a) and (2)(a), the court shall hold a judicial review 2 hearing within 90 days after a youth's 17th birthday and shall 3 continue to hold timely judicial review hearings. In addition, 4 the court may review the status of the child more frequently 5 during the year prior to the youth's 18th birthday if 6 necessary. At each review held under pursuant to this 7 subsection, in addition to any information or report provided 8 to the court, the foster parent, legal custodian, guardian ad 9 litem, and the child shall be given the opportunity to address 10 the court with any information relevant to the child's best 11 interests, particularly as it relates to the provision of 12 independent living transition services. In addition to any 13 information or report provided to the court, the department 14 shall include in its judicial review social study report 15 written verification that the child: 16 1. Has been provided with a current Medicaid card and 17 has been provided all necessary information concerning the 18 Medicaid program sufficient to prepare the youth to apply for 19 coverage upon reaching age 18, if such application would be 20 appropriate. 21 2. Has been provided with a certified copy of his or 22 her birth certificate and, if the child does not have a valid 23 driver's license, a Florida identification card issued under 24 pursuant to s. 322.051. 25 3. Has been provided information relating to Social 26 Security Insurance benefits if the child is eligible for these 27 such benefits. If the child has received these benefits and 28 they are being held in trust for the child, a full accounting 29 of those funds must shall be provided and the child must be 30 informed about how to access those funds. 31 4. Has been provided with information and training 3 4:44 PM 04/25/05 s1314c2d-ha34-c8g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1314 Barcode 142328 1 related to budgeting skills, interviewing skills, and 2 parenting skills. 3 5. Has been provided with all relevant information 4 related to the Road-to-Independence Scholarship, including, 5 but not limited to, eligibility requirements, forms necessary 6 to apply, and assistance in completing the forms. The child 7 shall also be informed that, if he or she is eligible for the 8 Road-to-Independence Scholarship Program, he or she may reside 9 with the licensed foster family or group care provider with 10 whom the child was residing at the time of attaining his or 11 her 18th birthday or may reside in another licensed foster 12 home or with a group care provider arranged by the department. 13 6. Has an open bank account, or has identification 14 necessary to open such an account, and has been provided with 15 essential banking skills. 16 7. Has been provided with information on public 17 assistance and how to apply. 18 8. Has been provided a clear understanding of where he 19 or she will be living on his or her 18th birthday, how living 20 expenses will be paid, and what educational program or school 21 he or she will be enrolled in. 22 9. Has been provided with notice of the youth's right 23 to petition for the court's continuing jurisdiction for 1 year 24 after the youth's 18th birthday as specified in s. 39.013(2) 25 and with information on how to obtain access to the court. 26 Section 3. Paragraphs (b) and (d) of subsection (5) of 27 section 409.1451, Florida Statutes, are amended, present 28 subsection (9) of that section is redesignated as subsection 29 (10), and a new subsection (9) is added to that section, to 30 read: 31 409.1451 Independent living transition services.-- 4 4:44 PM 04/25/05 s1314c2d-ha34-c8g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1314 Barcode 142328 1 (5) SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER 2 CARE.--Based on the availability of funds, the department 3 shall provide or arrange for the following services to young 4 adults formerly in foster care who meet the prescribed 5 conditions and are determined eligible by the department. The 6 categories of services available to assist a young adult 7 formerly in foster care to achieve independence are: 8 (b) Road-to-Independence Scholarship Program.-- 9 1. The Road-to-Independence Scholarship Program is 10 intended to help eligible students who are former foster 11 children in this state to receive the educational and 12 vocational training needed to achieve independence. The amount 13 of the award shall be based on the living and educational 14 needs of the young adult and may be up to, but may shall not 15 exceed, the amount of earnings that the student would have 16 been eligible to earn working a 40-hour-a-week federal minimum 17 wage job. 18 2. A young adult who has reached 18 years of age but 19 is not yet 21 years of age is eligible for the initial award, 20 and a young adult under 23 years of age is eligible for 21 renewal awards, if he or she: 22 a. Was a dependent child, under pursuant to chapter 23 39, and was living in licensed foster care or in subsidized 24 independent living at the time of his or her 18th birthday; 25 b. Spent at least 6 months living in foster care 26 before reaching his or her 18th birthday; 27 c. Is a resident of this state as defined in s. 28 1009.40; and 29 d. Meets one of the following qualifications: 30 (I) Has earned a standard high school diploma or its 31 equivalent as described in s. 1003.43 or s. 1003.435, or has 5 4:44 PM 04/25/05 s1314c2d-ha34-c8g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1314 Barcode 142328 1 earned a special diploma or special certificate of completion 2 as described in s. 1003.438, and has been admitted for 3 full-time enrollment in an eligible postsecondary education 4 institution as defined in s. 1009.533; 5 (II) Is enrolled full time in an accredited high 6 school; or 7 (III) Is enrolled full time in an accredited adult 8 education program designed to provide the student with a high 9 school diploma or its equivalent. 10 3. A young adult applying for a Road-to-Independence 11 Scholarship must apply for any other grants and scholarships 12 for which he or she may qualify. The department shall assist 13 the young adult in the application process and may use the 14 federal financial aid grant process to determine the funding 15 needs of the young adult. 16 4. The amount of the award, whether it is being used 17 by a young adult working toward completion of a high school 18 diploma or its equivalent or working toward completion of a 19 postsecondary education program, shall be determined based on 20 an assessment of the funding needs of the young adult. This 21 assessment must shall consider the young adult's living and 22 educational costs and other grants, scholarships, waivers, 23 earnings, and other income to be received by the young adult. 24 An award shall be available only to the extent that other 25 grants and scholarships are not sufficient to meet the living 26 and educational needs of the young adult, but an award may 27 shall not be less than $25 in order to maintain Medicaid 28 eligibility for the young adult as provided in s. 409.903. 29 5.a. The department must advertise the availability of 30 the program and must ensure that the children and young adults 31 leaving foster care, foster parents, or family services 6 4:44 PM 04/25/05 s1314c2d-ha34-c8g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1314 Barcode 142328 1 counselors are informed of the availability of the program and 2 the application procedures. 3 b. A young adult must apply for the initial award 4 during the 6 months immediately preceding his or her 18th 5 birthday, and the department shall provide assistance with the 6 application process. A young adult who fails to make an 7 initial application, but who otherwise meets the criteria for 8 an initial award, may make one application for the initial 9 award if the such application is made before the young adult's 10 21st birthday. If the young adult does not apply for an 11 initial award before his or her 18th birthday, the department 12 shall inform that young adult of the opportunity to apply 13 before turning 21 years of age. 14 c. If funding for the program is available, the 15 department shall issue awards from the scholarship program for 16 each young adult who meets all the requirements of the 17 program. 18 d. An award shall be issued at the time the eligible 19 student reaches 18 years of age. 20 e. A young adult who is eligible for the 21 Road-to-Independence Program and who so desires shall be 22 allowed to reside with remain in the licensed foster family or 23 group care provider with whom he or she was residing at the 24 time of attaining his or her 18th birthday or to reside in 25 another licensed foster home or with a group care provider 26 arranged by the department. 27 f. If the award recipient transfers from one eligible 28 institution to another and continues to meet eligibility 29 requirements, the award must be transferred with the 30 recipient. 31 g. Scholarship funds awarded to any eligible young 7 4:44 PM 04/25/05 s1314c2d-ha34-c8g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1314 Barcode 142328 1 adult under this program are in addition to any other services 2 provided to the young adult by the department through its 3 independent living transition services. 4 h. The department shall provide information concerning 5 young adults receiving the Road-to-Independence Scholarship to 6 the Department of Education for inclusion in the student 7 financial assistance database, as provided in s. 1009.94. 8 i. Scholarship funds are intended to help eligible 9 students who are former foster children in this state to 10 receive the educational and vocational training needed to 11 become independent and self-supporting. The Such funds shall 12 be terminated when the young adult has attained one of four 13 postsecondary goals under pursuant to subsection (3) or 14 reaches 23 years of age, whichever occurs earlier. In order to 15 initiate postsecondary education, to allow for a change in 16 career goal, or to obtain additional skills in the same 17 educational or vocational area, a young adult may earn no more 18 than two diplomas, certificates, or credentials. A young adult 19 attaining an associate of arts or associate of science degree 20 shall be permitted to work toward completion of a bachelor of 21 arts or a bachelor of science degree or an equivalent 22 undergraduate degree. Road-to-Independence Scholarship funds 23 may shall not be used for education or training after a young 24 adult has attained a bachelor of arts or a bachelor of science 25 degree or an equivalent undergraduate degree. 26 j. The department shall evaluate and renew each award 27 annually during the 90-day period before the young adult's 28 birthday. In order to be eligible for a renewal award for the 29 subsequent year, the young adult must: 30 (I) Complete the number of hours, or the equivalent 31 considered full time by the educational institution, in the 8 4:44 PM 04/25/05 s1314c2d-ha34-c8g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1314 Barcode 142328 1 last academic year in which the young adult earned a 2 scholarship, except for a young adult who meets the 3 requirements of s. 1009.41. 4 (II) Maintain appropriate progress as required by the 5 educational institution, except that, if the young adult's 6 progress is insufficient to renew the scholarship at any time 7 during the eligibility period, the young adult may restore 8 eligibility by improving his or her progress to the required 9 level. 10 k. 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 l. 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 (d) Payment of aftercare, scholarship, or transitional 26 support funds.--Payment of aftercare, scholarship, or 27 transitional support funds shall be made directly to the 28 recipient unless the recipient requests in writing to the 29 community-based care lead agency, or the department, that the 30 payments or a portion of the payments be made directly on the 31 recipient's behalf in order to secure services such as 9 4:44 PM 04/25/05 s1314c2d-ha34-c8g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1314 Barcode 142328 1 housing, counseling, education, or employment training as part 2 of the young adult's own efforts to achieve self-sufficiency. 3 The young adult who resides continues with a foster family may 4 shall not be included as a child in calculating any licensing 5 restriction on the number of children in the foster home. 6 (9) MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN 7 FOSTER CARE.--The department shall enroll in the Florida 8 KidCare program, outside the open enrollment period, each 9 young adult who is eligible as described in s. 409.1451(2)(b) 10 and who has not yet reached his or her 19th birthday. 11 (a) A young adult who was formerly in foster care at 12 the time of his or her 18th birthday and who is 18 years of 13 age but not yet 19, shall pay the premium for the Florida 14 KidCare program as required in s. 409.814. 15 (b) A young adult who has health insurance coverage 16 from a third party through his or her employer or who is 17 eligible for Medicaid is not eligible for enrollment under 18 this subsection. 19 Section 4. The Independent Living Services Advisory 20 Council shall conduct a study to determine the most effective 21 way to address the health insurance needs of young adults who 22 are in the Independent Living Program of the Department of 23 Children and Family Services once the young adults are no 24 longer eligible for the Florida KidCare program. The 25 department and the Agency for Health Care Administration shall 26 assist the advisory council in conducting the study. The 27 advisory council shall provide a report containing 28 recommendations to the Legislature by January 2, 2006. 29 Section 5. The Office of Program Policy Analysis and 30 Government Accountability, in consultation with the Statewide 31 Guardian Ad Litem Office, shall conduct a study to determine 10 4:44 PM 04/25/05 s1314c2d-ha34-c8g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1314 Barcode 142328 1 the effect the appointment of a guardian ad litem has on the 2 ability of young adults who were formerly in the foster care 3 system to obtain life skills and education for independent 4 living and employment, to have a quality of life appropriate 5 for their age, and to assume personal responsibility for 6 becoming self-sufficient adults. The study shall be conducted 7 with input from the key stakeholders in the independent living 8 transition service system and the guardian ad litem program. 9 The results of the study and recommendations related to the 10 relationship between the involvement of a guardian ad litem 11 and future success realized by young adults formerly in foster 12 care, shall be provided to the Governor, the President of the 13 Senate, and the Speaker of the House of Representatives on or 14 before December 15, 2005. 15 Section 6. The nonrecurring sum of $1,100,000 from the 16 General Revenue Fund shall be appropriated to the Department 17 of Children and Family Services for Fiscal Year 2005-2006 to 18 implement the provisions of this legislation. 19 Section 7. This act shall take effect July 1, 2005. 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 Delete everything before the enacting clause 25 26 and insert: 27 A bill to be entitled 28 An act relating to independent living; amending 29 s. 39.013, F.S.; authorizing a child in foster 30 care to petition the court to retain 31 jurisdiction of his or her case; limiting the 11 4:44 PM 04/25/05 s1314c2d-ha34-c8g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1314 Barcode 142328 1 court's continued jurisdiction to 1 year after 2 the child's 18th birthday; identifying the 3 issues to be considered by the court during its 4 continued jurisdiction; providing that a 5 judicial review hearing is not required; 6 providing an exception; amending s. 39.701, 7 F.S.; requiring the Department of Children and 8 Family Services to include in its judicial 9 review study report verification that the child 10 has been provided with certain information 11 about the Road-to-Independence Scholarship 12 Program and with notice of the child's right to 13 petition the court for continuing jurisdiction; 14 amending s. 409.1451, F.S.; authorizing a child 15 who is eligible for the Road-to-Independence 16 Scholarship Program to continue to reside with 17 a licensed foster family or a group care 18 provider; requiring that the department enroll 19 certain young adults who were formerly in 20 foster care in the Florida KidCare program if 21 they do not otherwise have health insurance or 22 are not eligible for Medicaid; requiring that 23 the Independent Living Services Advisory 24 Council study the most effective way of 25 providing health insurance for young adults in 26 the program for independent living who are not 27 eligible for the Florida KidCare program; 28 requiring the council to report its 29 recommendations to the Legislature; requiring 30 the Office of Program Policy Analysis and 31 Government Accountability to conduct a study to 12 4:44 PM 04/25/05 s1314c2d-ha34-c8g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1314 Barcode 142328 1 determine the effect the appointment of a 2 guardian ad litem has on the ability of young 3 adults who were formerly in the foster care 4 system; providing for issues to be studied; 5 requiring that a report be prepared and 6 presented to the Governor and the Legislature 7 by a specified date; providing an effective 8 date. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 13 4:44 PM 04/25/05 s1314c2d-ha34-c8g