Senate Bill sb1314c2

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    Florida Senate - 2005                    CS for CS for SB 1314

    By the Committees on Judiciary; Children and Families; and
    Senators Rich, Lynn, Dawson, Smith, Wilson, Campbell and
    Bullard



    590-2072-05

  1                      A bill to be entitled

  2         An act relating to independent living; amending

  3         s. 39.013, F.S.; authorizing a child in foster

  4         care to petition the court to retain

  5         jurisdiction of his or her case; limiting the

  6         court's continued jurisdiction to 1 year after

  7         the child's 18th birthday; identifying the

  8         issues to be considered by the court during its

  9         continued jurisdiction; providing that a

10         judicial review hearing is not required;

11         providing an exception; amending s. 39.701,

12         F.S.; requiring the Department of Children and

13         Family Services to include in its judicial

14         review study report verification that the child

15         has been provided with certain information

16         about the Road-to-Independence Scholarship

17         Program and with notice of the child's right to

18         petition the court for continuing jurisdiction;

19         amending s. 409.1451, F.S.; authorizing a child

20         who is eligible for the Road-to-Independence

21         Scholarship Program to continue to reside with

22         a licensed foster family or a group care

23         provider; requiring that the department enroll

24         certain young adults who were formerly in

25         foster care in the Florida KidCare program if

26         they do not otherwise have health insurance or

27         are not eligible for Medicaid; requiring that

28         the Independent Living Services Advisory

29         Council study the most effective way of

30         providing health insurance for young adults in

31         the program for independent living who are not

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    Florida Senate - 2005                    CS for CS for SB 1314
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 1         eligible for the Florida KidCare program;

 2         requiring the council to report its

 3         recommendations to the Legislature; providing

 4         an effective date.

 5  

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

 7  

 8         Section 1.  Subsection (2) of section 39.013, Florida

 9  Statutes, is amended to read:

10         39.013  Procedures and jurisdiction; right to

11  counsel.--

12         (2)  The circuit court shall have exclusive original

13  jurisdiction of all proceedings under this chapter, of a child

14  voluntarily placed with a licensed child-caring agency, a

15  licensed child-placing agency, or the department, and of the

16  adoption of children whose parental rights have been

17  terminated under pursuant to this chapter. Jurisdiction

18  attaches when the initial shelter petition, dependency

19  petition, or termination of parental rights petition is filed

20  or when a child is taken into the custody of the department.

21  The circuit court may assume jurisdiction over any such

22  proceeding regardless of whether the child was in the physical

23  custody of both parents, was in the sole legal or physical

24  custody of only one parent, caregiver, or some other person,

25  or was in the physical or legal custody of no person when the

26  event or condition occurred that brought the child to the

27  attention of the court. When the court obtains jurisdiction of

28  any child who has been found to be dependent, the court shall

29  retain jurisdiction, unless relinquished by its order, until

30  the child reaches 18 years of age. However, if a youth

31  petitions the court at any time before his or her 19th

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    Florida Senate - 2005                    CS for CS for SB 1314
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 1  birthday requesting the court's continued jurisdiction, the

 2  juvenile court may retain jurisdiction under this chapter for

 3  a period not to exceed 1 year following the youth's 18th

 4  birthday for the purpose of determining whether appropriate

 5  aftercare support, Road-to-Independence Scholarship,

 6  transitional support, mental health, and developmental

 7  disability services, to the extent otherwise authorized by

 8  law, have been provided to the formerly dependent child who

 9  was in the legal custody of the department immediately before

10  his or her 18th birthday or to meet any requirement of federal

11  law with respect to the court's ongoing jurisdiction pending

12  the Federal Government's issuance of a Special Immigrant

13  Juvenile Visa to a child who was formerly a dependent child. A

14  judicial review hearing is not required under this subsection

15  unless requested by the formerly dependent child or upon the

16  court's own motion for cause.

17         Section 2.  Paragraph (a) of subsection (6) of section

18  39.701, Florida Statutes, is amended to read:

19         39.701  Judicial review.--

20         (6)(a)  In addition to the provisions of paragraphs

21  (1)(a) and (2)(a), the court shall hold a judicial review

22  hearing within 90 days after a youth's 17th birthday and shall

23  continue to hold timely judicial review hearings. In addition,

24  the court may review the status of the child more frequently

25  during the year prior to the youth's 18th birthday if

26  necessary. At each review held under pursuant to this

27  subsection, in addition to any information or report provided

28  to the court, the foster parent, legal custodian, guardian ad

29  litem, and the child shall be given the opportunity to address

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

31  interests, particularly as it relates to the provision of

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 1  independent living transition services. In addition to any

 2  information or report provided to the court, the department

 3  shall include in its judicial review social study report

 4  written verification that the child:

 5         1.  Has been provided with a current Medicaid card and

 6  has been provided all necessary information concerning the

 7  Medicaid program sufficient to prepare the youth to apply for

 8  coverage upon reaching age 18, if such application would be

 9  appropriate.

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

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

12  driver's license, a Florida identification card issued under

13  pursuant to s. 322.051.

14         3.  Has been provided information relating to Social

15  Security Insurance benefits if the child is eligible for these

16  such benefits. If the child has received these benefits and

17  they are being held in trust for the child, a full accounting

18  of those funds must shall be provided and the child must be

19  informed about how to access those funds.

20         4.  Has been provided with information and training

21  related to budgeting skills, interviewing skills, and

22  parenting skills.

23         5.  Has been provided with all relevant information

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

25  but not limited to, eligibility requirements, forms necessary

26  to apply, and assistance in completing the forms. The child

27  shall also be informed that, if he or she is eligible for the

28  Road-to-Independence Scholarship Program, he or she may reside

29  with the licensed foster family or group care provider with

30  whom the child was residing at the time of attaining his or

31  

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    Florida Senate - 2005                    CS for CS for SB 1314
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 1  her 18th birthday or may reside in another licensed foster

 2  home or with a group care provider arranged by the department.

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

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

 5  essential banking skills.

 6         7.  Has been provided with information on public

 7  assistance and how to apply.

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

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

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

11  he or she will be enrolled in.

12         9.  Has been provided with notice of the youth's right

13  to petition for the court's continuing jurisdiction for 1 year

14  after the youth's 18th birthday as specified in s. 39.013(2)

15  and with information on how to obtain access to the court.

16         Section 3.  Paragraphs (b) and (d) of subsection (5) of

17  section 409.1451, Florida Statutes, are amended, present

18  subsection (9) of that section is redesignated as subsection

19  (10), and a new subsection (9) is added to that section, to

20  read:

21         409.1451  Independent living transition services.--

22         (5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER

23  CARE.--Based on the availability of funds, the department

24  shall provide or arrange for the following services to young

25  adults formerly in foster care who meet the prescribed

26  conditions and are determined eligible by the department. The

27  categories of services available to assist a young adult

28  formerly in foster care to achieve independence are:

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

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

31  intended to help eligible students who are former foster

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 1  children in this state to receive the educational and

 2  vocational training needed to achieve independence. The amount

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

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

 5  exceed, the amount of earnings that the student would have

 6  been eligible to earn working a 40-hour-a-week federal minimum

 7  wage job.

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

 9  is not yet 21 years of age is eligible for the initial award,

10  and a young adult under 23 years of age is eligible for

11  renewal awards, if he or she:

12         a.  Was a dependent child, under pursuant to chapter

13  39, and was living in licensed foster care or in subsidized

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

15         b.  Spent at least 6 months living in foster care

16  before reaching his or her 18th birthday;

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

18  1009.40; and

19         d.  Meets one of the following qualifications:

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

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

22  earned a special diploma or special certificate of completion

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

24  full-time enrollment in an eligible postsecondary education

25  institution as defined in s. 1009.533;

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

27  school; or

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

29  education program designed to provide the student with a high

30  school diploma or its equivalent.

31  

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

 2  Scholarship must apply for any other grants and scholarships

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

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

 5  federal financial aid grant process to determine the funding

 6  needs of the young adult.

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

 8  by a young adult working toward completion of a high school

 9  diploma or its equivalent or working toward completion of a

10  postsecondary education program, shall be determined based on

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

12  assessment must shall consider the young adult's living and

13  educational costs and other grants, scholarships, waivers,

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

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

16  grants and scholarships are not sufficient to meet the living

17  and educational needs of the young adult, but an award may

18  shall not be less than $25 in order to maintain Medicaid

19  eligibility for the young adult as provided in s. 409.903.

20         5.a.  The department must advertise the availability of

21  the program and must ensure that the children and young adults

22  leaving foster care, foster parents, or family services

23  counselors are informed of the availability of the program and

24  the application procedures.

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

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

27  birthday, and the department shall provide assistance with the

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

29  initial application, but who otherwise meets the criteria for

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

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

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    Florida Senate - 2005                    CS for CS for SB 1314
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 1  21st birthday. If the young adult does not apply for an

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

 3  shall inform that young adult of the opportunity to apply

 4  before turning 21 years of age.

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

 6  department shall issue awards from the scholarship program for

 7  each young adult who meets all the requirements of the

 8  program.

 9         d.  An award shall be issued at the time the eligible

10  student reaches 18 years of age.

11         e.  A young adult who is eligible for the

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

13  allowed to reside with remain in the licensed foster family or

14  group care provider with whom he or she was residing at the

15  time of attaining his or her 18th birthday or to reside in

16  another licensed foster home or with a group care provider

17  arranged by the department.

18         f.  If the award recipient transfers from one eligible

19  institution to another and continues to meet eligibility

20  requirements, the award must be transferred with the

21  recipient.

22         g.  Scholarship funds awarded to any eligible young

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

24  provided to the young adult by the department through its

25  independent living transition services.

26         h.  The department shall provide information concerning

27  young adults receiving the Road-to-Independence Scholarship to

28  the Department of Education for inclusion in the student

29  financial assistance database, as provided in s. 1009.94.

30         i.  Scholarship funds are intended to help eligible

31  students who are former foster children in this state to

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    Florida Senate - 2005                    CS for CS for SB 1314
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 1  receive the educational and vocational training needed to

 2  become independent and self-supporting. The Such funds shall

 3  be terminated when the young adult has attained one of four

 4  postsecondary goals under pursuant to subsection (3) or

 5  reaches 23 years of age, whichever occurs earlier. In order to

 6  initiate postsecondary education, to allow for a change in

 7  career goal, or to obtain additional skills in the same

 8  educational or vocational area, a young adult may earn no more

 9  than two diplomas, certificates, or credentials. A young adult

10  attaining an associate of arts or associate of science degree

11  shall be permitted to work toward completion of a bachelor of

12  arts or a bachelor of science degree or an equivalent

13  undergraduate degree. Road-to-Independence Scholarship funds

14  may shall not be used for education or training after a young

15  adult has attained a bachelor of arts or a bachelor of science

16  degree or an equivalent undergraduate degree.

17         j.  The department shall evaluate and renew each award

18  annually during the 90-day period before the young adult's

19  birthday. In order to be eligible for a renewal award for the

20  subsequent year, the young adult must:

21         (I)  Complete the number of hours, or the equivalent

22  considered full time by the educational institution, in the

23  last academic year in which the young adult earned a

24  scholarship, except for a young adult who meets the

25  requirements of s. 1009.41.

26         (II)  Maintain appropriate progress as required by the

27  educational institution, except that, if the young adult's

28  progress is insufficient to renew the scholarship at any time

29  during the eligibility period, the young adult may restore

30  eligibility by improving his or her progress to the required

31  level.

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 1         k.  Scholarship funds may be terminated during the

 2  interim between an award and the evaluation for a renewal

 3  award if the department determines that the award recipient is

 4  no longer enrolled in an educational institution as defined in

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

 6  department shall notify a student who is terminated and inform

 7  the student of his or her right to appeal.

 8         l.  An award recipient who does not qualify for a

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

10  subsequently apply for reinstatement. An application for

11  reinstatement must be made before the young adult reaches 23

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

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

14  young adult must meet the eligibility criteria and the

15  criteria for award renewal for the scholarship program.

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

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

18  transitional support funds shall be made directly to the

19  recipient unless the recipient requests in writing to the

20  community-based care lead agency, or the department, that the

21  payments or a portion of the payments be made directly on the

22  recipient's behalf in order to secure services such as

23  housing, counseling, education, or employment training as part

24  of the young adult's own efforts to achieve self-sufficiency.

25  The young adult who resides continues with a foster family may

26  shall not be included as a child in calculating any licensing

27  restriction on the number of children in the foster home.

28         (9)  MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN

29  FOSTER CARE.--The department shall enroll in the Florida

30  KidCare program, outside the open enrollment period, each

31  

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 1  young adult who is eligible as described in s. 409.1451(2)(b)

 2  and who has not yet reached his or her 19th birthday.

 3         (a)  A young adult who was formerly in foster care at

 4  the time of his or her 18th birthday and who is 18 years of

 5  age but not yet 19, shall pay the premium for the Florida

 6  KidCare program as required in s. 409.814.

 7         (b)  A young adult who has health insurance coverage

 8  from a third party through his or her employer or who is

 9  eligible for Medicaid is not eligible for enrollment under

10  this subsection.

11         Section 4.  The Independent Living Services Advisory

12  Council shall conduct a study to determine the most effective

13  way to address the health insurance needs of young adults who

14  are in the Independent Living Program of the Department of

15  Children and Family Services once the young adults are no

16  longer eligible for the Florida KidCare program. The

17  department and the Agency for Health Care Administration shall

18  assist the advisory council in conducting the study. The

19  advisory council shall provide a report containing

20  recommendations to the Legislature by January 2, 2006.

21         Section 5.  This act shall take effect July 1, 2005.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                       Cs/Senate Bill 1314

25                                 

26  The committee substitute makes the following changes to the
    underlying committee substitute:
27  
    --   Corrects cross-reference to eligibility standards for
28       enrolling former foster care youths in KidCare;

29  --   Substitutes the word "premium" for "copayment" to conform
         to existing statute cross-referenced in the proposed
30       language.

31  --   Makes technical changes throughout.

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