1 | A bill to be entitled |
2 | An act relating to independent living; amending s. 39.013, |
3 | F.S.; authorizing a child in foster care to petition the |
4 | court to retain jurisdiction of his or her case; limiting |
5 | the court's continued jurisdiction to 1 year after the |
6 | child's 18th birthday; identifying the issues to be |
7 | considered by the court during its continued jurisdiction; |
8 | providing that the jurisdiction of the court terminates |
9 | under specified conditions; providing that the court |
10 | encourage the Statewide Guardian Ad Litem Office to |
11 | provide greater representation to certain children; |
12 | amending s. 39.701, F.S.; requiring the Department of |
13 | Children and Family Services to include in its judicial |
14 | review study report verification that the child has been |
15 | provided with certain information about the Road-to- |
16 | Independence Scholarship Program and with notice that |
17 | court jurisdiction continues for a specified period of |
18 | time; amending s. 409.1451, F.S.; authorizing a child who |
19 | is eligible for the Road-to-Independence Scholarship |
20 | Program to continue to reside with a licensed foster |
21 | family or a group care provider; requiring that the |
22 | department enroll certain young adults who were formerly |
23 | in foster care in the Florida KidCare program if they do |
24 | not otherwise have health insurance or are not eligible |
25 | for Medicaid; requiring the department to track children |
26 | over age 14 in the custody of the department; requiring |
27 | the Independent Living Services Advisory Council to |
28 | conduct a study related to the health insurance needs of |
29 | certain young adults and provide a report to the |
30 | Legislature; requiring the Office of Program Policy |
31 | Analysis and Government Accountability to conduct a study |
32 | related to the effect of the appointment of guardians ad |
33 | litem on certain young adults and provide a report to the |
34 | Legislature; providing an appropriation; requiring the |
35 | Department of Children Family Services to promulgate |
36 | rules; providing an effective date. |
37 |
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38 | Be It Enacted by the Legislature of the State of Florida: |
39 |
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40 | Section 1. Subsection (2) of section 39.013, Florida |
41 | Statutes, is amended, and subsection (12) is added to said |
42 | section, to read: |
43 | 39.013 Procedures and jurisdiction; right to counsel.-- |
44 | (2) The circuit court shall have exclusive original |
45 | jurisdiction of all proceedings under this chapter, of a child |
46 | voluntarily placed with a licensed child-caring agency, a |
47 | licensed child-placing agency, or the department, and of the |
48 | adoption of children whose parental rights have been terminated |
49 | under pursuant to this chapter. Jurisdiction attaches when the |
50 | initial shelter petition, dependency petition, or termination of |
51 | parental rights petition is filed or when a child is taken into |
52 | the custody of the department. The circuit court may assume |
53 | jurisdiction over any such proceeding regardless of whether the |
54 | child was in the physical custody of both parents, was in the |
55 | sole legal or physical custody of only one parent, caregiver, or |
56 | some other person, or was in the physical or legal custody of no |
57 | person when the event or condition occurred that brought the |
58 | child to the attention of the court. When the court obtains |
59 | jurisdiction of any child who has been found to be dependent, |
60 | the court shall retain jurisdiction, unless relinquished by its |
61 | order, until the child reaches 18 years of age. However, if a |
62 | youth petitions the court at any time before his or her 19th |
63 | birthday requesting the court's continued jurisdiction, the |
64 | juvenile court may retain jurisdiction under this chapter for a |
65 | period not to exceed 1 year following the youth's 18th birthday |
66 | for the purpose of determining whether appropriate aftercare |
67 | support, Road-to-Independence Scholarship, transitional support, |
68 | mental health, and developmental disability services, to the |
69 | extent otherwise authorized by law, have been provided to the |
70 | formerly dependent child who was in the legal custody of the |
71 | department immediately before his or her 18th birthday. If a |
72 | petition for special immigrant juvenile status and an |
73 | application for adjustment of status have been filed on behalf |
74 | of a foster child and the petition and application have not been |
75 | granted by the time the child reaches 18 years of age, the court |
76 | may retain jurisdiction over the dependency case solely for the |
77 | purpose of allowing the continued consideration of the petition |
78 | and application by federal authorities. Review hearings for the |
79 | child shall be set solely for the purpose of determining the |
80 | status of the petition and application. The court's jurisdiction |
81 | terminates upon the final decision of the federal authorities. |
82 | Retention of jurisdiction in this instance does not affect the |
83 | services available to a young adult under s. 409.1451. The court |
84 | may not retain jurisdiction of the case after the immigrant |
85 | child's 22nd birthday. |
86 | (12) The court shall encourage the Statewide Guardian Ad |
87 | Litem Office to provide greater representation to those children |
88 | who are within 1 year of transitioning out of foster care. |
89 | Section 2. Paragraph (a) of subsection (6) of section |
90 | 39.701, Florida Statutes, is amended to read: |
91 | 39.701 Judicial review.-- |
92 | (6)(a) In addition to the provisions of paragraphs (1)(a) |
93 | and (2)(a), the court shall hold a judicial review hearing |
94 | within 90 days after a child's 17th birthday and shall continue |
95 | to hold timely judicial review hearings. In addition, the court |
96 | may review the status of the child more frequently during the |
97 | year prior to the child's 18th birthday if necessary. At each |
98 | review held under pursuant to this subsection, in addition to |
99 | any information or report provided to the court, the foster |
100 | parent, legal custodian, guardian ad litem, and the child shall |
101 | be given the opportunity to address the court with any |
102 | information relevant to the child's best interests, particularly |
103 | as it relates to the provision of independent living transition |
104 | services. In addition to any information or report provided to |
105 | the court, the department shall include in its judicial review |
106 | social study report written verification that the child: |
107 | 1. Has been provided with a current Medicaid card and has |
108 | been provided with all necessary information concerning the |
109 | Medicaid program sufficient to prepare the child to apply for |
110 | coverage upon reaching his or her 18th birthday, if such |
111 | application would be appropriate. |
112 | 2. Has been provided with a certified copy of his or her |
113 | birth certificate and, if the child does not have a valid |
114 | driver's license, a Florida identification card issued under |
115 | pursuant to s. 322.051. |
116 | 3. Has been provided information relating to Social |
117 | Security Insurance benefits if the child is eligible for these |
118 | such benefits. If the child has received these benefits and they |
119 | are being held in trust for the child, a full accounting of |
120 | those funds must shall be provided and the child must be |
121 | informed about how to access those funds. |
122 | 4. Has been provided with information and training related |
123 | to budgeting skills, interviewing skills, and parenting skills. |
124 | 5. Has been provided with all relevant information related |
125 | to the Road-to-Independence Scholarship, including, but not |
126 | limited to, eligibility requirements, forms necessary to apply, |
127 | and assistance in completing the forms. The child shall also be |
128 | informed that, if he or she is eligible for the Road-to- |
129 | Independence Scholarship Program, he or she may reside with the |
130 | licensed foster family or group care provider with whom the |
131 | child was residing at the time of attaining his or her 18th |
132 | birthday or may reside in another licensed foster home arranged |
133 | by the department. |
134 | 6. Has an open bank account, or has identification |
135 | necessary to open such an account, and has been provided with |
136 | essential banking skills. |
137 | 7. Has been provided with information on public assistance |
138 | and how to apply. |
139 | 8. Has been provided a clear understanding of where he or |
140 | she will be living on his or her 18th birthday, how living |
141 | expenses will be paid, and what educational program or school he |
142 | or she will be enrolled in. |
143 | 9. Has been provided with notice that the young adult, or |
144 | the court on its own motion, may extend the court's jurisdiction |
145 | for 1 year after the child's 18th birthday as specified in s. |
146 | 39.013(2) and with information on how to obtain access to the |
147 | court. |
148 | 10. Has been encouraged to attend all judicial review |
149 | hearings occurring after his or her 17th birthday. |
150 | Section 3. Paragraphs (b) and (d) of subsection (5) of |
151 | section 409.1451, Florida Statutes, are amended, present |
152 | subsection (9) of said section is renumbered as subsection (10), |
153 | and a new subsection (9) is added to said section, to read: |
154 | 409.1451 Independent living transition services.-- |
155 | (5) SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER |
156 | CARE.--Based on the availability of funds, the department shall |
157 | provide or arrange for the following services to young adults |
158 | formerly in foster care who meet the prescribed conditions and |
159 | are determined eligible by the department. The categories of |
160 | services available to assist a young adult formerly in foster |
161 | care to achieve independence are: |
162 | (b) Road-to-Independence Scholarship Program.-- |
163 | 1. The Road-to-Independence Scholarship Program is |
164 | intended to help eligible students who are former foster |
165 | children in this state to receive the educational and vocational |
166 | training needed to achieve independence. The amount of the award |
167 | shall be based on the living and educational needs of the young |
168 | adult and may be up to, but may shall not exceed, the amount of |
169 | earnings that the student would have been eligible to earn |
170 | working a 40-hour-a-week federal minimum wage job. |
171 | 2. A young adult who has reached 18 years of age but is |
172 | not yet 21 years of age is eligible for the initial award, and a |
173 | young adult under 23 years of age is eligible for renewal |
174 | awards, if he or she: |
175 | a. Was a dependent child, under pursuant to chapter 39, |
176 | and was living in licensed foster care or in subsidized |
177 | independent living at the time of his or her 18th birthday; |
178 | b. Spent at least 6 months living in foster care before |
179 | reaching his or her 18th birthday; |
180 | c. Is a resident of this state as defined in s. 1009.40; |
181 | and |
182 | d. Meets one of the following qualifications: |
183 | (I) Has earned a standard high school diploma or its |
184 | equivalent as described in s. 1003.43 or s. 1003.435, or has |
185 | earned a special diploma or special certificate of completion as |
186 | described in s. 1003.438, and has been admitted for full-time |
187 | enrollment in an eligible postsecondary education institution as |
188 | defined in s. 1009.533; |
189 | (II) Is enrolled full time in an accredited high school; |
190 | or |
191 | (III) Is enrolled full time in an accredited adult |
192 | education program designed to provide the student with a high |
193 | school diploma or its equivalent. |
194 | 3. A young adult applying for a Road-to-Independence |
195 | Scholarship must apply for any other grants and scholarships for |
196 | which he or she may qualify. The department shall assist the |
197 | young adult in the application process and may use the federal |
198 | financial aid grant process to determine the funding needs of |
199 | the young adult. |
200 | 4. The amount of the award, whether it is being used by a |
201 | young adult working toward completion of a high school diploma |
202 | or its equivalent or working toward completion of a |
203 | postsecondary education program, shall be determined based on an |
204 | assessment of the funding needs of the young adult. This |
205 | assessment must shall consider the young adult's living and |
206 | educational costs and other grants, scholarships, waivers, |
207 | earnings, and other income to be received by the young adult. An |
208 | award shall be available only to the extent that other grants |
209 | and scholarships are not sufficient to meet the living and |
210 | educational needs of the young adult, but an award may shall not |
211 | be less than $25 in order to maintain Medicaid eligibility for |
212 | the young adult as provided in s. 409.903. |
213 | 5.a. The department must advertise the availability of the |
214 | program and must ensure that the children and young adults |
215 | leaving foster care, foster parents, or family services |
216 | counselors are informed of the availability of the program and |
217 | the application procedures. |
218 | b. A young adult must apply for the initial award during |
219 | the 6 months immediately preceding his or her 18th birthday, and |
220 | the department shall provide assistance with the application |
221 | process. A young adult who fails to make an initial application, |
222 | but who otherwise meets the criteria for an initial award, may |
223 | make one application for the initial award if the such |
224 | application is made before the young adult's 21st birthday. If |
225 | the young adult does not apply for an initial award before his |
226 | or her 18th birthday, the department shall inform that young |
227 | adult of the opportunity to apply before turning 21 years of |
228 | age. |
229 | c. If funding for the program is available, the department |
230 | shall issue awards from the scholarship program for each young |
231 | adult who meets all the requirements of the program. |
232 | d. An award shall be issued at the time the eligible |
233 | student reaches 18 years of age. |
234 | e. A young adult who is eligible for the Road-to- |
235 | Independence Program and who so desires shall be allowed to |
236 | reside with remain in the licensed foster family or group care |
237 | provider with whom he or she was residing at the time of |
238 | attaining his or her 18th birthday or to reside in another |
239 | licensed foster home arranged by the department. |
240 | f. If the award recipient transfers from one eligible |
241 | institution to another and continues to meet eligibility |
242 | requirements, the award must be transferred with the recipient. |
243 | g. Scholarship funds awarded to any eligible young adult |
244 | under this program are in addition to any other services |
245 | provided to the young adult by the department through its |
246 | independent living transition services. |
247 | h. The department shall provide information concerning |
248 | young adults receiving the Road-to-Independence Scholarship to |
249 | the Department of Education for inclusion in the student |
250 | financial assistance database, as provided in s. 1009.94. |
251 | i. Scholarship funds are intended to help eligible |
252 | students who are former foster children in this state to receive |
253 | the educational and vocational training needed to become |
254 | independent and self-supporting. The Such funds shall be |
255 | terminated when the young adult has attained one of four |
256 | postsecondary goals under pursuant to subsection (3) or reaches |
257 | 23 years of age, whichever occurs earlier. In order to initiate |
258 | postsecondary education, to allow for a change in career goal, |
259 | or to obtain additional skills in the same educational or |
260 | vocational area, a young adult may earn no more than two |
261 | diplomas, certificates, or credentials. A young adult attaining |
262 | an associate of arts or associate of science degree shall be |
263 | permitted to work toward completion of a bachelor of arts or a |
264 | bachelor of science degree or an equivalent undergraduate |
265 | degree. Road-to-Independence Scholarship funds may shall not be |
266 | used for education or training after a young adult has attained |
267 | a bachelor of arts or a bachelor of science degree or an |
268 | equivalent undergraduate degree. |
269 | j. The department shall evaluate and renew each award |
270 | annually during the 90-day period before the young adult's |
271 | birthday. In order to be eligible for a renewal award for the |
272 | subsequent year, the young adult must: |
273 | (I) Complete the number of hours, or the equivalent |
274 | considered full time by the educational institution, in the last |
275 | academic year in which the young adult earned a scholarship, |
276 | except for a young adult who meets the requirements of s. |
277 | 1009.41. |
278 | (II) Maintain appropriate progress as required by the |
279 | educational institution, except that, if the young adult's |
280 | progress is insufficient to renew the scholarship at any time |
281 | during the eligibility period, the young adult may restore |
282 | eligibility by improving his or her progress to the required |
283 | level. |
284 | k. Scholarship funds may be terminated during the interim |
285 | between an award and the evaluation for a renewal award if the |
286 | department determines that the award recipient is no longer |
287 | enrolled in an educational institution as defined in sub- |
288 | subparagraph 2.d., or is no longer a state resident. The |
289 | department shall notify a student who is terminated and inform |
290 | the student of his or her right to appeal. |
291 | l. An award recipient who does not qualify for a renewal |
292 | award or who chooses not to renew the award may subsequently |
293 | apply for reinstatement. An application for reinstatement must |
294 | be made before the young adult reaches 23 years of age, and a |
295 | student may not apply for reinstatement more than once. In order |
296 | to be eligible for reinstatement, the young adult must meet the |
297 | eligibility criteria and the criteria for award renewal for the |
298 | scholarship program. |
299 | (d) Payment of aftercare, scholarship, or transitional |
300 | support funds.--Payment of aftercare, scholarship, or |
301 | transitional support funds shall be made directly to the |
302 | recipient unless the recipient requests in writing to the |
303 | community-based care lead agency, or the department, that the |
304 | payments or a portion of the payments be made directly on the |
305 | recipient's behalf in order to secure services such as housing, |
306 | counseling, education, or employment training as part of the |
307 | young adult's own efforts to achieve self-sufficiency. The young |
308 | adult who resides continues with a foster family may shall not |
309 | be included as a child in calculating any licensing restriction |
310 | on the number of children in the foster home. |
311 | (9) MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN FOSTER |
312 | CARE.--The department shall enroll in the Florida KidCare |
313 | program, outside the open enrollment period, each young adult |
314 | who is eligible as described in s. 409.1451(2)(b) and who has |
315 | not yet reached his or her 19th birthday. |
316 | (a) A young adult who was formerly in foster care at the |
317 | time of his or her 18th birthday and who is 18 years of age but |
318 | not yet 19 shall pay the premium for the Florida KidCare program |
319 | as required in s. 409.814. |
320 | (b) A young adult who has health insurance coverage from a |
321 | third party through his or her employer or who is eligible for |
322 | Medicaid is not eligible for enrollment under this subsection. |
323 | Section 4. The Independent Living Services Advisory |
324 | Council shall conduct a study to determine the most effective |
325 | way to address the health insurance needs of young adults who |
326 | are in the independent living program of the Department of |
327 | Children and Family Services once the young adults are no longer |
328 | eligible for the Florida KidCare program. The department and the |
329 | Agency for Health Care Administration shall assist the advisory |
330 | council in conducting the study. The advisory council shall |
331 | provide a report containing recommendations to the President of |
332 | the Senate and the Speaker of the House of Representatives by |
333 | January 2, 2006. |
334 | Section 5. The nonrecurring sum of $1,100,000 from the |
335 | General Revenue Fund shall be appropriated to the Department of |
336 | Children and Family Services for Fiscal Year 2005-2006 to |
337 | implement the provisions of this act. |
338 | Section 6. The Department of Children and Family Services |
339 | shall promulgate rules to carry out the provisions of this act. |
340 | Section 7. This act shall take effect July 1, 2005. |