| 1 | Representative(s) Bogdanoff offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove the entire body and insert: |
| 5 | Section 1. Subsection (2) of section 39.013, Florida |
| 6 | Statutes, is amended, and subsection (12) is added to said |
| 7 | section, to read: |
| 8 | 39.013 Procedures and jurisdiction; right to counsel.-- |
| 9 | (2)(a) The circuit court shall have exclusive original |
| 10 | jurisdiction of all proceedings under this chapter, of a child |
| 11 | voluntarily placed with a licensed child-caring agency, a |
| 12 | licensed child-placing agency, or the department, and of the |
| 13 | adoption of children whose parental rights have been terminated |
| 14 | under pursuant to this chapter. Jurisdiction attaches when the |
| 15 | initial shelter petition, dependency petition, or termination of |
| 16 | parental rights petition is filed or when a child is taken into |
| 17 | the custody of the department. The circuit court may assume |
| 18 | jurisdiction over any such proceeding regardless of whether the |
| 19 | child was in the physical custody of both parents, was in the |
| 20 | sole legal or physical custody of only one parent, caregiver, or |
| 21 | some other person, or was in the physical or legal custody of no |
| 22 | person when the event or condition occurred that brought the |
| 23 | child to the attention of the court. When the court obtains |
| 24 | jurisdiction of any child who has been found to be dependent, |
| 25 | the court shall retain jurisdiction, unless relinquished by its |
| 26 | order, until the child reaches 18 years of age. |
| 27 | (b) Notwithstanding the provisions of paragraph (a), the |
| 28 | dependency court on its own motion or the child in foster care |
| 29 | or the young adult formerly in foster care until his or her 19th |
| 30 | birthday may petition the court to retain its jurisdiction under |
| 31 | this chapter. Jurisdiction of the court may be retained for a |
| 32 | period not to exceed 1 year after the child's 18th birthday only |
| 33 | upon a finding by the court that: |
| 34 | 1. The services required under s. 409.1451 were not |
| 35 | available; or |
| 36 | 2. The services required under s. 409.1451 were available |
| 37 | but were not provided. |
| 38 | (c) A judicial review hearing is not required under |
| 39 | paragraph (b) unless requested by the former dependent child or |
| 40 | on the court's own motion for good cause shown. |
| 41 | (d) Notwithstanding the provisions of paragraph (a), if a |
| 42 | petition for special immigrant juvenile status and an |
| 43 | application for adjustment of status have been filed on behalf |
| 44 | of a foster child and the petition and application have not been |
| 45 | granted by the time the child reaches 18 years of age, the court |
| 46 | may retain jurisdiction over the dependency case solely for the |
| 47 | purpose of allowing the continued consideration of the petition |
| 48 | and application by federal authorities. Review hearings for the |
| 49 | child shall be set solely for the purpose of determining the |
| 50 | status of the petition and application. The court's jurisdiction |
| 51 | terminates upon the final decision of the federal authorities. |
| 52 | Retention of jurisdiction in this instance does not affect the |
| 53 | services available to a young adult under s. 409.1451. The court |
| 54 | may not retain jurisdiction of the case after the immigrant |
| 55 | child's 22nd birthday. |
| 56 | (12) The court shall encourage the Statewide Guardian Ad |
| 57 | Litem Office to provide greater representation to those children |
| 58 | who are within 1 year of transitioning out of foster care. |
| 59 | Section 2. Paragraph (a) of subsection (6) of section |
| 60 | 39.701, Florida Statutes, is amended to read: |
| 61 | 39.701 Judicial review.-- |
| 62 | (6)(a) In addition to the provisions of paragraphs (1)(a) |
| 63 | and (2)(a), the court shall hold a judicial review hearing |
| 64 | within 90 days after a child's 17th birthday and shall continue |
| 65 | to hold timely judicial review hearings. In addition, the court |
| 66 | may review the status of the child more frequently during the |
| 67 | year prior to the child's 18th birthday if necessary. At each |
| 68 | review held under pursuant to this subsection, in addition to |
| 69 | any information or report provided to the court, the foster |
| 70 | parent, legal custodian, guardian ad litem, and the child shall |
| 71 | be given the opportunity to address the court with any |
| 72 | information relevant to the child's best interests, particularly |
| 73 | as it relates to the provision of independent living transition |
| 74 | services. In addition to any information or report provided to |
| 75 | the court, the department shall include in its judicial review |
| 76 | social study report written verification that the child: |
| 77 | 1. Has been provided with a current Medicaid card and has |
| 78 | been provided with all necessary information concerning the |
| 79 | Medicaid program sufficient to prepare the child to apply for |
| 80 | coverage upon reaching his or her 18th birthday, if such |
| 81 | application would be appropriate. |
| 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 that the young adult, or |
| 114 | the court on its own motion, may extend the court's jurisdiction |
| 115 | for 1 year after the child's 18th birthday as specified in s. |
| 116 | 39.013(2) and with information on how to obtain access to the |
| 117 | court. |
| 118 | 10. Has been encouraged to attend all judicial review |
| 119 | hearings occurring after his or her 17th birthday. |
| 120 | Section 3. Paragraphs (b) and (d) of subsection (5) of |
| 121 | section 409.1451, Florida Statutes, are amended, present |
| 122 | subsection (9) of said section is renumbered as subsection (10), |
| 123 | and a new subsection (9) is added to said section, to read: |
| 124 | 409.1451 Independent living transition services.-- |
| 125 | (5) SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER |
| 126 | CARE.--Based on the availability of funds, the department shall |
| 127 | provide or arrange for the following services to young adults |
| 128 | formerly in foster care who meet the prescribed conditions and |
| 129 | are determined eligible by the department. The categories of |
| 130 | services available to assist a young adult formerly in foster |
| 131 | care to achieve independence are: |
| 132 | (b) Road-to-Independence Scholarship Program.-- |
| 133 | 1. The Road-to-Independence Scholarship Program is |
| 134 | intended to help eligible students who are former foster |
| 135 | children in this state to receive the educational and vocational |
| 136 | training needed to achieve independence. The amount of the award |
| 137 | shall be based on the living and educational needs of the young |
| 138 | adult and may be up to, but may shall not exceed, the amount of |
| 139 | earnings that the student would have been eligible to earn |
| 140 | working a 40-hour-a-week federal minimum wage job. |
| 141 | 2. A young adult who has reached 18 years of age but is |
| 142 | not yet 21 years of age is eligible for the initial award, and a |
| 143 | young adult under 23 years of age is eligible for renewal |
| 144 | awards, if he or she: |
| 145 | a. Was a dependent child, under pursuant to chapter 39, |
| 146 | and was living in licensed foster care or in subsidized |
| 147 | independent living at the time of his or her 18th birthday; |
| 148 | b. Spent at least 6 months living in foster care before |
| 149 | reaching his or her 18th birthday; |
| 150 | c. Is a resident of this state as defined in s. 1009.40; |
| 151 | and |
| 152 | d. Meets one of the following qualifications: |
| 153 | (I) Has earned a standard high school diploma or its |
| 154 | equivalent as described in s. 1003.43 or s. 1003.435, or has |
| 155 | earned a special diploma or special certificate of completion as |
| 156 | described in s. 1003.438, and has been admitted for full-time |
| 157 | enrollment in an eligible postsecondary education institution as |
| 158 | defined in s. 1009.533; |
| 159 | (II) Is enrolled full time in an accredited high school; |
| 160 | or |
| 161 | (III) Is enrolled full time in an accredited adult |
| 162 | education program designed to provide the student with a high |
| 163 | school diploma or its equivalent. |
| 164 | 3. A young adult applying for a Road-to-Independence |
| 165 | Scholarship must apply for any other grants and scholarships for |
| 166 | which he or she may qualify. The department shall assist the |
| 167 | young adult in the application process and may use the federal |
| 168 | financial aid grant process to determine the funding needs of |
| 169 | the young adult. |
| 170 | 4. The amount of the award, whether it is being used by a |
| 171 | young adult working toward completion of a high school diploma |
| 172 | or its equivalent or working toward completion of a |
| 173 | postsecondary education program, shall be determined based on an |
| 174 | assessment of the funding needs of the young adult. This |
| 175 | assessment must shall consider the young adult's living and |
| 176 | educational costs and other grants, scholarships, waivers, |
| 177 | earnings, and other income to be received by the young adult. An |
| 178 | award shall be available only to the extent that other grants |
| 179 | and scholarships are not sufficient to meet the living and |
| 180 | educational needs of the young adult, but an award may shall not |
| 181 | be less than $25 in order to maintain Medicaid eligibility for |
| 182 | the young adult as provided in s. 409.903. |
| 183 | 5.a. The department must advertise the availability of the |
| 184 | program and must ensure that the children and young adults |
| 185 | leaving foster care, foster parents, or family services |
| 186 | counselors are informed of the availability of the program and |
| 187 | the application procedures. |
| 188 | b. A young adult must apply for the initial award during |
| 189 | the 6 months immediately preceding his or her 18th birthday, and |
| 190 | the department shall provide assistance with the application |
| 191 | process. A young adult who fails to make an initial application, |
| 192 | but who otherwise meets the criteria for an initial award, may |
| 193 | make one application for the initial award if the such |
| 194 | application is made before the young adult's 21st birthday. If |
| 195 | the young adult does not apply for an initial award before his |
| 196 | or her 18th birthday, the department shall inform that young |
| 197 | adult of the opportunity to apply before turning 21 years of |
| 198 | age. |
| 199 | c. If funding for the program is available, the department |
| 200 | shall issue awards from the scholarship program for each young |
| 201 | adult who meets all the requirements of the program. |
| 202 | d. An award shall be issued at the time the eligible |
| 203 | student reaches 18 years of age. |
| 204 | e. A young adult who is eligible for the Road-to- |
| 205 | Independence Program and who so desires shall be allowed to |
| 206 | reside with remain in the licensed foster family or group care |
| 207 | provider with whom he or she was residing at the time of |
| 208 | attaining his or her 18th birthday or to reside in another |
| 209 | licensed foster home arranged by the department. |
| 210 | f. If the award recipient transfers from one eligible |
| 211 | institution to another and continues to meet eligibility |
| 212 | requirements, the award must be transferred with the recipient. |
| 213 | g. Scholarship funds awarded to any eligible young adult |
| 214 | under this program are in addition to any other services |
| 215 | provided to the young adult by the department through its |
| 216 | independent living transition services. |
| 217 | h. The department shall provide information concerning |
| 218 | young adults receiving the Road-to-Independence Scholarship to |
| 219 | the Department of Education for inclusion in the student |
| 220 | financial assistance database, as provided in s. 1009.94. |
| 221 | i. Scholarship funds are intended to help eligible |
| 222 | students who are former foster children in this state to receive |
| 223 | the educational and vocational training needed to become |
| 224 | independent and self-supporting. The Such funds shall be |
| 225 | terminated when the young adult has attained one of four |
| 226 | postsecondary goals under pursuant to subsection (3) or reaches |
| 227 | 23 years of age, whichever occurs earlier. In order to initiate |
| 228 | postsecondary education, to allow for a change in career goal, |
| 229 | or to obtain additional skills in the same educational or |
| 230 | vocational area, a young adult may earn no more than two |
| 231 | diplomas, certificates, or credentials. A young adult attaining |
| 232 | an associate of arts or associate of science degree shall be |
| 233 | permitted to work toward completion of a bachelor of arts or a |
| 234 | bachelor of science degree or an equivalent undergraduate |
| 235 | degree. Road-to-Independence Scholarship funds may shall not be |
| 236 | used for education or training after a young adult has attained |
| 237 | a bachelor of arts or a bachelor of science degree or an |
| 238 | equivalent undergraduate degree. |
| 239 | j. The department shall evaluate and renew each award |
| 240 | annually during the 90-day period before the young adult's |
| 241 | birthday. In order to be eligible for a renewal award for the |
| 242 | subsequent year, the young adult must: |
| 243 | (I) Complete the number of hours, or the equivalent |
| 244 | considered full time by the educational institution, in the last |
| 245 | academic year in which the young adult earned a scholarship, |
| 246 | except for a young adult who meets the requirements of s. |
| 247 | 1009.41. |
| 248 | (II) Maintain appropriate progress as required by the |
| 249 | educational institution, except that, if the young adult's |
| 250 | progress is insufficient to renew the scholarship at any time |
| 251 | during the eligibility period, the young adult may restore |
| 252 | eligibility by improving his or her progress to the required |
| 253 | level. |
| 254 | k. Scholarship funds may be terminated during the interim |
| 255 | between an award and the evaluation for a renewal award if the |
| 256 | department determines that the award recipient is no longer |
| 257 | enrolled in an educational institution as defined in sub- |
| 258 | subparagraph 2.d., or is no longer a state resident. The |
| 259 | department shall notify a student who is terminated and inform |
| 260 | the student of his or her right to appeal. |
| 261 | l. An award recipient who does not qualify for a renewal |
| 262 | award or who chooses not to renew the award may subsequently |
| 263 | apply for reinstatement. An application for reinstatement must |
| 264 | be made before the young adult reaches 23 years of age, and a |
| 265 | student may not apply for reinstatement more than once. In order |
| 266 | to be eligible for reinstatement, the young adult must meet the |
| 267 | eligibility criteria and the criteria for award renewal for the |
| 268 | scholarship program. |
| 269 | (d) Payment of aftercare, scholarship, or transitional |
| 270 | support funds.--Payment of aftercare, scholarship, or |
| 271 | transitional support funds shall be made directly to the |
| 272 | recipient unless the recipient requests in writing to the |
| 273 | community-based care lead agency, or the department, that the |
| 274 | payments or a portion of the payments be made directly on the |
| 275 | recipient's behalf in order to secure services such as housing, |
| 276 | counseling, education, or employment training as part of the |
| 277 | young adult's own efforts to achieve self-sufficiency. The young |
| 278 | adult who resides continues with a foster family may shall not |
| 279 | be included as a child in calculating any licensing restriction |
| 280 | on the number of children in the foster home. |
| 281 | (9) MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN FOSTER |
| 282 | CARE.--The department shall enroll in the Florida KidCare |
| 283 | program, outside the open enrollment period, each young adult |
| 284 | who is eligible as described in s. 409.1451(2)(b) and who has |
| 285 | not yet reached his or her 19th birthday. |
| 286 | (a) A young adult who was formerly in foster care at the |
| 287 | time of his or her 18th birthday and who is 18 years of age but |
| 288 | not yet 19 shall pay the premium for the Florida KidCare program |
| 289 | as required in s. 409.814. |
| 290 | (b) A young adult who has health insurance coverage from a |
| 291 | third party through his or her employer or who is eligible for |
| 292 | Medicaid is not eligible for enrollment under this subsection. |
| 293 | Section 4. The Independent Living Services Advisory |
| 294 | Council shall conduct a study to determine the most effective |
| 295 | way to address the health insurance needs of young adults who |
| 296 | are in the independent living program of the Department of |
| 297 | Children and Family Services once the young adults are no longer |
| 298 | eligible for the Florida KidCare program. The department and the |
| 299 | Agency for Health Care Administration shall assist the advisory |
| 300 | council in conducting the study. The advisory council shall |
| 301 | provide a report containing recommendations to the President of |
| 302 | the Senate and the Speaker of the House of Representatives by |
| 303 | January 2, 2006. |
| 304 | Section 5. The Office of Program Policy Analysis and |
| 305 | Government Accountability, in consultation with the Statewide |
| 306 | Guardian Ad Litem Office, shall conduct a study to determine the |
| 307 | effect the appointment of a guardian ad litem has on the ability |
| 308 | of young adults who were formerly in the foster care system to |
| 309 | obtain life skills and education for independent living and |
| 310 | employment, to have a quality of life appropriate for their age, |
| 311 | and to assume personal responsibility for becoming self- |
| 312 | sufficient adults. The study shall be conducted with input from |
| 313 | the key stakeholders in the independent living transition |
| 314 | service system and the guardian ad litem program. The results of |
| 315 | the study and recommendations related to the relationship |
| 316 | between the involvement of a guardian ad litem and future |
| 317 | success realized by young adults formerly in foster care, shall |
| 318 | be provided to the Governor, the President of the Senate, and |
| 319 | the Speaker of the House of Representatives on or before |
| 320 | December 15, 2005. |
| 321 | Section 6. The Department of Children and Family Services |
| 322 | shall promulgate rules to carry out the provisions of this act. |
| 323 | Section 7. This act shall take effect July 1, 2005. |
| 324 |
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| 325 |
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| 326 | ================= T I T L E A M E N D M E N T ================= |
| 327 | Remove the entire title and insert: |
| 328 | A bill to be entitled |
| 329 | An act relating to independent living; amending s. 39.013, |
| 330 | F.S.; authorizing the court on its own motion or a child |
| 331 | in foster care to petition the court to retain |
| 332 | jurisdiction of his or her case; limiting the court's |
| 333 | continued jurisdiction to 1 year after the child's 18th |
| 334 | birthday for the purpose of determining if services were |
| 335 | provided; limiting the court's continued jurisdiction up |
| 336 | to age 22 for purposes of attaining special immigrant |
| 337 | juvenile status; providing that a judicial review hearing |
| 338 | is not required; providing an exception; providing for the |
| 339 | court to encourage the Statewide Guardian Ad Litem Office |
| 340 | to represent certain children in foster care; amending s. |
| 341 | 39.701, F.S.; requiring the Department of Children and |
| 342 | Family Services to include in its judicial review study |
| 343 | report verification that the child has been provided with |
| 344 | certain information about the Road-to-Independence |
| 345 | Scholarship Program and with notice that court |
| 346 | jurisdiction continues for a specified period of time; |
| 347 | amending s. 409.1451, F.S.; authorizing a child who is |
| 348 | eligible for the Road-to-Independence Scholarship Program |
| 349 | to continue to reside with a licensed foster family or a |
| 350 | group care provider; requiring that the department enroll |
| 351 | certain young adults who were formerly in foster care in |
| 352 | the Florida KidCare program if they do not otherwise have |
| 353 | health insurance or are not eligible for Medicaid; |
| 354 | requiring the department to track children over age 14 in |
| 355 | the custody of the department; requiring the Independent |
| 356 | Living Services Advisory Council to conduct a study |
| 357 | related to the health insurance needs of certain young |
| 358 | adults and provide a report to the Legislature; requiring |
| 359 | the Office of Program Policy Analysis and Government |
| 360 | Accountability to conduct a study related to the effect of |
| 361 | the appointment of guardians ad litem on certain young |
| 362 | adults and provide a report to the Governor and |
| 363 | Legislature; requiring the Department of Children and |
| 364 | Family Services to promulgate rules; providing an |
| 365 | effective date. |