HB 1319CS

CHAMBER ACTION



1The Health & Families Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to independent living; amending s. 39.013,
7F.S.; authorizing the court on its own motion or a child
8in foster care to petition the court to retain
9jurisdiction of his or her case; limiting the court's
10continued jurisdiction to 1 year after the child's 18th
11birthday for the purpose of determining if services were
12provided; limiting the court's continued jurisdiction up
13to age 22 for purposes of attaining special immigrant
14juvenile status; providing that a judicial review hearing
15is not required; providing an exception; amending s.
1639.701, F.S.; requiring the Department of Children and
17Family Services to include in its judicial review study
18report verification that the child has been provided with
19certain information about the Road-to-Independence
20Scholarship Program and with notice that court
21jurisdiction continues for a specified period of time;
22amending s. 409.1451, F.S.; authorizing a child who is
23eligible for the Road-to-Independence Scholarship Program
24to continue to reside with a licensed foster family or a
25group care provider; requiring that the department enroll
26certain young adults who were formerly in foster care in
27the Florida KidCare program if they do not otherwise have
28health insurance or are not eligible for Medicaid;
29requiring the department to track children over age 14 in
30the custody of the department; requiring a report to the
31Legislature; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Subsection (2) of section 39.013, Florida
36Statutes, is amended to read:
37     39.013  Procedures and jurisdiction; right to counsel.--
38     (2)(a)  The circuit court shall have exclusive original
39jurisdiction of all proceedings under this chapter, of a child
40voluntarily placed with a licensed child-caring agency, a
41licensed child-placing agency, or the department, and of the
42adoption of children whose parental rights have been terminated
43under pursuant to this chapter. Jurisdiction attaches when the
44initial shelter petition, dependency petition, or termination of
45parental rights petition is filed or when a child is taken into
46the custody of the department. The circuit court may assume
47jurisdiction over any such proceeding regardless of whether the
48child was in the physical custody of both parents, was in the
49sole legal or physical custody of only one parent, caregiver, or
50some other person, or was in the physical or legal custody of no
51person when the event or condition occurred that brought the
52child to the attention of the court. When the court obtains
53jurisdiction of any child who has been found to be dependent,
54the court shall retain jurisdiction, unless relinquished by its
55order, until the child reaches 18 years of age.
56     (b)  Notwithstanding the provisions of paragraph (a), the
57dependency court on its own motion or the child in foster care
58or the young adult formerly in foster care until his or her 19th
59birthday may petition the court to retain its jurisdiction under
60this chapter. Jurisdiction of the court may be retained for a
61period not to exceed 1 year after the child's 18th birthday only
62upon a finding by the court that:
63     1.  The services required under s. 409.1451 were not
64available; or
65     2.  The services required under s. 409.1451 were available
66but were not provided.
67     (c)  A judicial review hearing is not required under
68paragraph (b) unless requested by the former dependent child or
69on the court's own motion for good cause shown.
70     (d)  Notwithstanding the provisions of paragraph (a), if a
71petition for special immigrant juvenile status and an
72application for adjustment of status have been filed on behalf
73of a foster child and the petition and application have not been
74granted by the time the child reaches 18 years of age, the court
75may retain jurisdiction over the dependency case solely for the
76purpose of allowing the continued consideration of the petition
77and application by federal authorities. Review hearings for the
78child shall be set solely for the purpose of determining the
79status of the petition and application. The court's jurisdiction
80terminates upon the final decision of the federal authorities.
81Retention of jurisdiction in this instance does not affect the
82services available to a young adult under s. 409.1451. The court
83may not retain jurisdiction of the case after the immigrant
84child's 22nd birthday.
85     Section 2.  Paragraph (a) of subsection (6) of section
8639.701, Florida Statutes, is amended to read:
87     39.701  Judicial review.--
88     (6)(a)  In addition to the provisions of paragraphs (1)(a)
89and (2)(a), the court shall hold a judicial review hearing
90within 90 days after a child's 17th birthday and shall continue
91to hold timely judicial review hearings. In addition, the court
92may review the status of the child more frequently during the
93year prior to the child's 18th birthday if necessary. At each
94review held under pursuant to this subsection, in addition to
95any information or report provided to the court, the foster
96parent, legal custodian, guardian ad litem, and the child shall
97be given the opportunity to address the court with any
98information relevant to the child's best interests, particularly
99as it relates to the provision of independent living transition
100services. In addition to any information or report provided to
101the court, the department shall include in its judicial review
102social study report written verification that the child:
103     1.  Has been provided with a current Medicaid card.
104     2.  Has been provided with a certified copy of his or her
105birth certificate and, if the child does not have a valid
106driver's license, a Florida identification card issued under
107pursuant to s. 322.051.
108     3.  Has been provided information relating to Social
109Security Insurance benefits if the child is eligible for these
110such benefits. If the child has received these benefits and they
111are being held in trust for the child, a full accounting of
112those funds must shall be provided and the child must be
113informed about how to access those funds.
114     4.  Has been provided with information and training related
115to budgeting skills, interviewing skills, and parenting skills.
116     5.  Has been provided with all relevant information related
117to the Road-to-Independence Scholarship, including, but not
118limited to, eligibility requirements, forms necessary to apply,
119and assistance in completing the forms. The child shall also be
120informed that, if he or she is eligible for the Road-to-
121Independence Scholarship Program, he or she may reside with the
122licensed foster family or group care provider with whom the
123child was residing at the time of attaining his or her 18th
124birthday or may reside in another licensed foster home arranged
125by the department, if available.
126     6.  Has an open bank account, or has identification
127necessary to open such an account, and has been provided with
128essential banking skills.
129     7.  Has been provided with information on public assistance
130and how to apply.
131     8.  Has been provided a clear understanding of where he or
132she will be living on his or her 18th birthday, how living
133expenses will be paid, and what educational program or school he
134or she will be enrolled in.
135     9.  Has been provided with notice that the young adult, or
136the court on its own motion, may extend the court's jurisdiction
137for 1 year after the child's 18th birthday as specified in s.
13839.013(2) and with information on how to obtain access to the
139court.
140     10.  Has had a guardian ad litem appointed by his or her
14117th birthday, if available.
142     11.  Has been encouraged to attend all judicial review
143hearings occurring after his or her 17th birthday.
144     Section 3.  Paragraphs (b) and (d) of subsection (5) of
145section 409.1451, Florida Statutes, are amended, present
146subsection (9) of said section is renumbered as subsection (10),
147and a new subsection (9) is added to said section, to read:
148     409.1451  Independent living transition services.--
149     (5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER
150CARE.--Based on the availability of funds, the department shall
151provide or arrange for the following services to young adults
152formerly in foster care who meet the prescribed conditions and
153are determined eligible by the department. The categories of
154services available to assist a young adult formerly in foster
155care to achieve independence are:
156     (b)  Road-to-Independence Scholarship Program.--
157     1.  The Road-to-Independence Scholarship Program is
158intended to help eligible students who are former foster
159children in this state to receive the educational and vocational
160training needed to achieve independence. The amount of the award
161shall be based on the living and educational needs of the young
162adult and may be up to, but may shall not exceed, the amount of
163earnings that the student would have been eligible to earn
164working a 40-hour-a-week federal minimum wage job.
165     2.  A young adult who has reached 18 years of age but is
166not yet 21 years of age is eligible for the initial award, and a
167young adult under 23 years of age is eligible for renewal
168awards, if he or she:
169     a.  Was a dependent child, under pursuant to chapter 39,
170and was living in licensed foster care or in subsidized
171independent living at the time of his or her 18th birthday;
172     b.  Spent at least 6 months living in foster care before
173reaching his or her 18th birthday;
174     c.  Is a resident of this state as defined in s. 1009.40;
175and
176     d.  Meets one of the following qualifications:
177     (I)  Has earned a standard high school diploma or its
178equivalent as described in s. 1003.43 or s. 1003.435, or has
179earned a special diploma or special certificate of completion as
180described in s. 1003.438, and has been admitted for full-time
181enrollment in an eligible postsecondary education institution as
182defined in s. 1009.533;
183     (II)  Is enrolled full time in an accredited high school;
184or
185     (III)  Is enrolled full time in an accredited adult
186education program designed to provide the student with a high
187school diploma or its equivalent.
188     3.  A young adult applying for a Road-to-Independence
189Scholarship must apply for any other grants and scholarships for
190which he or she may qualify. The department shall assist the
191young adult in the application process and may use the federal
192financial aid grant process to determine the funding needs of
193the young adult.
194     4.  The amount of the award, whether it is being used by a
195young adult working toward completion of a high school diploma
196or its equivalent or working toward completion of a
197postsecondary education program, shall be determined based on an
198assessment of the funding needs of the young adult. This
199assessment must shall consider the young adult's living and
200educational costs and other grants, scholarships, waivers,
201earnings, and other income to be received by the young adult. An
202award shall be available only to the extent that other grants
203and scholarships are not sufficient to meet the living and
204educational needs of the young adult, but an award may shall not
205be less than $25 in order to maintain Medicaid eligibility for
206the young adult as provided in s. 409.903.
207     5.a.  The department must advertise the availability of the
208program and must ensure that the children and young adults
209leaving foster care, foster parents, or family services
210counselors are informed of the availability of the program and
211the application procedures.
212     b.  A young adult must apply for the initial award during
213the 6 months immediately preceding his or her 18th birthday, and
214the department shall provide assistance with the application
215process. A young adult who fails to make an initial application,
216but who otherwise meets the criteria for an initial award, may
217make one application for the initial award if the such
218application is made before the young adult's 21st birthday. If
219the young adult does not apply for an initial award before his
220or her 18th birthday, the department shall inform that young
221adult of the opportunity to apply before turning 21 years of
222age.
223     c.  If funding for the program is available, the department
224shall issue awards from the scholarship program for each young
225adult who meets all the requirements of the program.
226     d.  An award shall be issued at the time the eligible
227student reaches 18 years of age.
228     e.  A young adult who is eligible for the Road-to-
229Independence Program and who so desires shall be allowed to
230reside with remain in the licensed foster family or group care
231provider with whom he or she was residing at the time of
232attaining his or her 18th birthday or to reside in another
233licensed foster home arranged by the department, if available.
234     f.  If the award recipient transfers from one eligible
235institution to another and continues to meet eligibility
236requirements, the award must be transferred with the recipient.
237     g.  Scholarship funds awarded to any eligible young adult
238under this program are in addition to any other services
239provided to the young adult by the department through its
240independent living transition services.
241     h.  The department shall provide information concerning
242young adults receiving the Road-to-Independence Scholarship to
243the Department of Education for inclusion in the student
244financial assistance database, as provided in s. 1009.94.
245     i.  Scholarship funds are intended to help eligible
246students who are former foster children in this state to receive
247the educational and vocational training needed to become
248independent and self-supporting. The Such funds shall be
249terminated when the young adult has attained one of four
250postsecondary goals under pursuant to subsection (3) or reaches
25123 years of age, whichever occurs earlier. In order to initiate
252postsecondary education, to allow for a change in career goal,
253or to obtain additional skills in the same educational or
254vocational area, a young adult may earn no more than two
255diplomas, certificates, or credentials. A young adult attaining
256an associate of arts or associate of science degree shall be
257permitted to work toward completion of a bachelor of arts or a
258bachelor of science degree or an equivalent undergraduate
259degree. Road-to-Independence Scholarship funds may shall not be
260used for education or training after a young adult has attained
261a bachelor of arts or a bachelor of science degree or an
262equivalent undergraduate degree.
263     j.  The department shall evaluate and renew each award
264annually during the 90-day period before the young adult's
265birthday. In order to be eligible for a renewal award for the
266subsequent year, the young adult must:
267     (I)  Complete the number of hours, or the equivalent
268considered full time by the educational institution, in the last
269academic year in which the young adult earned a scholarship,
270except for a young adult who meets the requirements of s.
2711009.41.
272     (II)  Maintain appropriate progress as required by the
273educational institution, except that, if the young adult's
274progress is insufficient to renew the scholarship at any time
275during the eligibility period, the young adult may restore
276eligibility by improving his or her progress to the required
277level.
278     k.  Scholarship funds may be terminated during the interim
279between an award and the evaluation for a renewal award if the
280department determines that the award recipient is no longer
281enrolled in an educational institution as defined in sub-
282subparagraph 2.d., or is no longer a state resident. The
283department shall notify a student who is terminated and inform
284the student of his or her right to appeal.
285     l.  An award recipient who does not qualify for a renewal
286award or who chooses not to renew the award may subsequently
287apply for reinstatement. An application for reinstatement must
288be made before the young adult reaches 23 years of age, and a
289student may not apply for reinstatement more than once. In order
290to be eligible for reinstatement, the young adult must meet the
291eligibility criteria and the criteria for award renewal for the
292scholarship program.
293     (d)  Payment of aftercare, scholarship, or transitional
294support funds.--Payment of aftercare, scholarship, or
295transitional support funds shall be made directly to the
296recipient unless the recipient requests in writing to the
297community-based care lead agency, or the department, that the
298payments or a portion of the payments be made directly on the
299recipient's behalf in order to secure services such as housing,
300counseling, education, or employment training as part of the
301young adult's own efforts to achieve self-sufficiency. The young
302adult who resides continues with a foster family may shall not
303be included as a child in calculating any licensing restriction
304on the number of children in the foster home.
305     (9)  MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN FOSTER
306CARE.--The department shall enroll in the Florida KidCare
307program, outside the open enrollment period, each young adult
308who is eligible as described in s. 409.1451(2)(b) and who has
309not yet reached his or her 19th birthday.
310     (a)  A young adult who was formerly in foster care at the
311time of his or her 18th birthday and who is 18 years of age but
312not yet 19 shall pay the premium for the Florida KidCare program
313as required in s. 409.814.
314     (b)  A young adult who has health insurance coverage from a
315third party through his or her employer or who is eligible for
316Medicaid is not eligible for enrollment under this subsection.
317     Section 4.  The Department of Children and Family Services
318shall submit a report to the Governor, the President of the
319Senate, and the Speaker of the House of Representatives that
320tracks the children who are in the custody of the department,
321starting at age 14, and provide the following information,
322including, but not limited to: whether the child received
323independent living transition services, the date of appointment
324and duration of the guardian ad litem's representation, if any,
325of the child, and whether there was an extension of jurisdiction
326after the child's 18th birthday.
327     Section 5.  This act shall take effect July 1, 2005.


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