HB 1319

1
A bill to be entitled
2An act relating to independent living; amending s. 39.013,
3F.S.; authorizing a child in foster care to petition the
4court to retain jurisdiction of his or her case; limiting
5the court's continued jurisdiction to 1 year after the
6child's 18th birthday; identifying the issues to be
7considered by the court during its continued jurisdiction;
8providing that the jurisdiction of the court terminates
9under specified conditions; providing that the court
10encourage the Statewide Guardian Ad Litem Office to
11provide greater representation to certain children;
12amending s. 39.701, F.S.; requiring the Department of
13Children and Family Services to include in its judicial
14review study report verification that the child has been
15provided with certain information about the Road-to-
16Independence Scholarship Program and with notice that
17court jurisdiction continues for a specified period of
18time; amending s. 409.1451, F.S.; authorizing a child who
19is eligible for the Road-to-Independence Scholarship
20Program to continue to reside with a licensed foster
21family or a group care provider; requiring that the
22department enroll certain young adults who were formerly
23in foster care in the Florida KidCare program if they do
24not otherwise have health insurance or are not eligible
25for Medicaid; requiring the department to track children
26over age 14 in the custody of the department; requiring
27the Independent Living Services Advisory Council to
28conduct a study related to the health insurance needs of
29certain young adults and provide a report to the
30Legislature; requiring the Office of Program Policy
31Analysis and Government Accountability to conduct a study
32related to the effect of the appointment of guardians ad
33litem on certain young adults and provide a report to the
34Legislature; providing an appropriation; requiring the
35Department of Children Family Services to promulgate
36rules; providing an effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Subsection (2) of section 39.013, Florida
41Statutes, is amended, and subsection (12) is added to said
42section, to read:
43     39.013  Procedures and jurisdiction; right to counsel.--
44     (2)  The circuit court shall have exclusive original
45jurisdiction of all proceedings under this chapter, of a child
46voluntarily placed with a licensed child-caring agency, a
47licensed child-placing agency, or the department, and of the
48adoption of children whose parental rights have been terminated
49under pursuant to this chapter. Jurisdiction attaches when the
50initial shelter petition, dependency petition, or termination of
51parental rights petition is filed or when a child is taken into
52the custody of the department. The circuit court may assume
53jurisdiction over any such proceeding regardless of whether the
54child was in the physical custody of both parents, was in the
55sole legal or physical custody of only one parent, caregiver, or
56some other person, or was in the physical or legal custody of no
57person when the event or condition occurred that brought the
58child to the attention of the court. When the court obtains
59jurisdiction of any child who has been found to be dependent,
60the court shall retain jurisdiction, unless relinquished by its
61order, until the child reaches 18 years of age. However, if a
62youth petitions the court at any time before his or her 19th
63birthday requesting the court's continued jurisdiction, the
64juvenile court may retain jurisdiction under this chapter for a
65period not to exceed 1 year following the youth's 18th birthday
66for the purpose of determining whether appropriate aftercare
67support, Road-to-Independence Scholarship, transitional support,
68mental health, and developmental disability services, to the
69extent otherwise authorized by law, have been provided to the
70formerly dependent child who was in the legal custody of the
71department immediately before his or her 18th birthday. If a
72petition for special immigrant juvenile status and an
73application for adjustment of status have been filed on behalf
74of a foster child and the petition and application have not been
75granted by the time the child reaches 18 years of age, the court
76may retain jurisdiction over the dependency case solely for the
77purpose of allowing the continued consideration of the petition
78and application by federal authorities. Review hearings for the
79child shall be set solely for the purpose of determining the
80status of the petition and application. The court's jurisdiction
81terminates upon the final decision of the federal authorities.
82Retention of jurisdiction in this instance does not affect the
83services available to a young adult under s. 409.1451. The court
84may not retain jurisdiction of the case after the immigrant
85child's 22nd birthday.
86     (12)  The court shall encourage the Statewide Guardian Ad
87Litem Office to provide greater representation to those children
88who are within 1 year of transitioning out of foster care.
89     Section 2.  Paragraph (a) of subsection (6) of section
9039.701, Florida Statutes, is amended to read:
91     39.701  Judicial review.--
92     (6)(a)  In addition to the provisions of paragraphs (1)(a)
93and (2)(a), the court shall hold a judicial review hearing
94within 90 days after a child's 17th birthday and shall continue
95to hold timely judicial review hearings. In addition, the court
96may review the status of the child more frequently during the
97year prior to the child's 18th birthday if necessary. At each
98review held under pursuant to this subsection, in addition to
99any information or report provided to the court, the foster
100parent, legal custodian, guardian ad litem, and the child shall
101be given the opportunity to address the court with any
102information relevant to the child's best interests, particularly
103as it relates to the provision of independent living transition
104services. In addition to any information or report provided to
105the court, the department shall include in its judicial review
106social study report written verification that the child:
107     1.  Has been provided with a current Medicaid card and has
108been provided with all necessary information concerning the
109Medicaid program sufficient to prepare the child to apply for
110coverage upon reaching his or her 18th birthday, if such
111application would be appropriate.
112     2.  Has been provided with a certified copy of his or her
113birth certificate and, if the child does not have a valid
114driver's license, a Florida identification card issued under
115pursuant to s. 322.051.
116     3.  Has been provided information relating to Social
117Security Insurance benefits if the child is eligible for these
118such benefits. If the child has received these benefits and they
119are being held in trust for the child, a full accounting of
120those funds must shall be provided and the child must be
121informed about how to access those funds.
122     4.  Has been provided with information and training related
123to budgeting skills, interviewing skills, and parenting skills.
124     5.  Has been provided with all relevant information related
125to the Road-to-Independence Scholarship, including, but not
126limited to, eligibility requirements, forms necessary to apply,
127and assistance in completing the forms. The child shall also be
128informed that, if he or she is eligible for the Road-to-
129Independence Scholarship Program, he or she may reside with the
130licensed foster family or group care provider with whom the
131child was residing at the time of attaining his or her 18th
132birthday or may reside in another licensed foster home arranged
133by the department.
134     6.  Has an open bank account, or has identification
135necessary to open such an account, and has been provided with
136essential banking skills.
137     7.  Has been provided with information on public assistance
138and how to apply.
139     8.  Has been provided a clear understanding of where he or
140she will be living on his or her 18th birthday, how living
141expenses will be paid, and what educational program or school he
142or she will be enrolled in.
143     9.  Has been provided with notice that the young adult, or
144the court on its own motion, may extend the court's jurisdiction
145for 1 year after the child's 18th birthday as specified in s.
14639.013(2) and with information on how to obtain access to the
147court.
148     10.  Has been encouraged to attend all judicial review
149hearings occurring after his or her 17th birthday.
150     Section 3.  Paragraphs (b) and (d) of subsection (5) of
151section 409.1451, Florida Statutes, are amended, present
152subsection (9) of said section is renumbered as subsection (10),
153and 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
156CARE.--Based on the availability of funds, the department shall
157provide or arrange for the following services to young adults
158formerly in foster care who meet the prescribed conditions and
159are determined eligible by the department. The categories of
160services available to assist a young adult formerly in foster
161care to achieve independence are:
162     (b)  Road-to-Independence Scholarship Program.--
163     1.  The Road-to-Independence Scholarship Program is
164intended to help eligible students who are former foster
165children in this state to receive the educational and vocational
166training needed to achieve independence. The amount of the award
167shall be based on the living and educational needs of the young
168adult and may be up to, but may shall not exceed, the amount of
169earnings that the student would have been eligible to earn
170working a 40-hour-a-week federal minimum wage job.
171     2.  A young adult who has reached 18 years of age but is
172not yet 21 years of age is eligible for the initial award, and a
173young adult under 23 years of age is eligible for renewal
174awards, if he or she:
175     a.  Was a dependent child, under pursuant to chapter 39,
176and was living in licensed foster care or in subsidized
177independent living at the time of his or her 18th birthday;
178     b.  Spent at least 6 months living in foster care before
179reaching his or her 18th birthday;
180     c.  Is a resident of this state as defined in s. 1009.40;
181and
182     d.  Meets one of the following qualifications:
183     (I)  Has earned a standard high school diploma or its
184equivalent as described in s. 1003.43 or s. 1003.435, or has
185earned a special diploma or special certificate of completion as
186described in s. 1003.438, and has been admitted for full-time
187enrollment in an eligible postsecondary education institution as
188defined in s. 1009.533;
189     (II)  Is enrolled full time in an accredited high school;
190or
191     (III)  Is enrolled full time in an accredited adult
192education program designed to provide the student with a high
193school diploma or its equivalent.
194     3.  A young adult applying for a Road-to-Independence
195Scholarship must apply for any other grants and scholarships for
196which he or she may qualify. The department shall assist the
197young adult in the application process and may use the federal
198financial aid grant process to determine the funding needs of
199the young adult.
200     4.  The amount of the award, whether it is being used by a
201young adult working toward completion of a high school diploma
202or its equivalent or working toward completion of a
203postsecondary education program, shall be determined based on an
204assessment of the funding needs of the young adult. This
205assessment must shall consider the young adult's living and
206educational costs and other grants, scholarships, waivers,
207earnings, and other income to be received by the young adult. An
208award shall be available only to the extent that other grants
209and scholarships are not sufficient to meet the living and
210educational needs of the young adult, but an award may shall not
211be less than $25 in order to maintain Medicaid eligibility for
212the young adult as provided in s. 409.903.
213     5.a.  The department must advertise the availability of the
214program and must ensure that the children and young adults
215leaving foster care, foster parents, or family services
216counselors are informed of the availability of the program and
217the application procedures.
218     b.  A young adult must apply for the initial award during
219the 6 months immediately preceding his or her 18th birthday, and
220the department shall provide assistance with the application
221process. A young adult who fails to make an initial application,
222but who otherwise meets the criteria for an initial award, may
223make one application for the initial award if the such
224application is made before the young adult's 21st birthday. If
225the young adult does not apply for an initial award before his
226or her 18th birthday, the department shall inform that young
227adult of the opportunity to apply before turning 21 years of
228age.
229     c.  If funding for the program is available, the department
230shall issue awards from the scholarship program for each young
231adult who meets all the requirements of the program.
232     d.  An award shall be issued at the time the eligible
233student reaches 18 years of age.
234     e.  A young adult who is eligible for the Road-to-
235Independence Program and who so desires shall be allowed to
236reside with remain in the licensed foster family or group care
237provider with whom he or she was residing at the time of
238attaining his or her 18th birthday or to reside in another
239licensed foster home arranged by the department.
240     f.  If the award recipient transfers from one eligible
241institution to another and continues to meet eligibility
242requirements, the award must be transferred with the recipient.
243     g.  Scholarship funds awarded to any eligible young adult
244under this program are in addition to any other services
245provided to the young adult by the department through its
246independent living transition services.
247     h.  The department shall provide information concerning
248young adults receiving the Road-to-Independence Scholarship to
249the Department of Education for inclusion in the student
250financial assistance database, as provided in s. 1009.94.
251     i.  Scholarship funds are intended to help eligible
252students who are former foster children in this state to receive
253the educational and vocational training needed to become
254independent and self-supporting. The Such funds shall be
255terminated when the young adult has attained one of four
256postsecondary goals under pursuant to subsection (3) or reaches
25723 years of age, whichever occurs earlier. In order to initiate
258postsecondary education, to allow for a change in career goal,
259or to obtain additional skills in the same educational or
260vocational area, a young adult may earn no more than two
261diplomas, certificates, or credentials. A young adult attaining
262an associate of arts or associate of science degree shall be
263permitted to work toward completion of a bachelor of arts or a
264bachelor of science degree or an equivalent undergraduate
265degree. Road-to-Independence Scholarship funds may shall not be
266used for education or training after a young adult has attained
267a bachelor of arts or a bachelor of science degree or an
268equivalent undergraduate degree.
269     j.  The department shall evaluate and renew each award
270annually during the 90-day period before the young adult's
271birthday. In order to be eligible for a renewal award for the
272subsequent year, the young adult must:
273     (I)  Complete the number of hours, or the equivalent
274considered full time by the educational institution, in the last
275academic year in which the young adult earned a scholarship,
276except for a young adult who meets the requirements of s.
2771009.41.
278     (II)  Maintain appropriate progress as required by the
279educational institution, except that, if the young adult's
280progress is insufficient to renew the scholarship at any time
281during the eligibility period, the young adult may restore
282eligibility by improving his or her progress to the required
283level.
284     k.  Scholarship funds may be terminated during the interim
285between an award and the evaluation for a renewal award if the
286department determines that the award recipient is no longer
287enrolled in an educational institution as defined in sub-
288subparagraph 2.d., or is no longer a state resident. The
289department shall notify a student who is terminated and inform
290the student of his or her right to appeal.
291     l.  An award recipient who does not qualify for a renewal
292award or who chooses not to renew the award may subsequently
293apply for reinstatement. An application for reinstatement must
294be made before the young adult reaches 23 years of age, and a
295student may not apply for reinstatement more than once. In order
296to be eligible for reinstatement, the young adult must meet the
297eligibility criteria and the criteria for award renewal for the
298scholarship program.
299     (d)  Payment of aftercare, scholarship, or transitional
300support funds.--Payment of aftercare, scholarship, or
301transitional support funds shall be made directly to the
302recipient unless the recipient requests in writing to the
303community-based care lead agency, or the department, that the
304payments or a portion of the payments be made directly on the
305recipient's behalf in order to secure services such as housing,
306counseling, education, or employment training as part of the
307young adult's own efforts to achieve self-sufficiency. The young
308adult who resides continues with a foster family may shall not
309be included as a child in calculating any licensing restriction
310on the number of children in the foster home.
311     (9)  MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN FOSTER
312CARE.--The department shall enroll in the Florida KidCare
313program, outside the open enrollment period, each young adult
314who is eligible as described in s. 409.1451(2)(b) and who has
315not yet reached his or her 19th birthday.
316     (a)  A young adult who was formerly in foster care at the
317time of his or her 18th birthday and who is 18 years of age but
318not yet 19 shall pay the premium for the Florida KidCare program
319as required in s. 409.814.
320     (b)  A young adult who has health insurance coverage from a
321third party through his or her employer or who is eligible for
322Medicaid is not eligible for enrollment under this subsection.
323     Section 4.  The Independent Living Services Advisory
324Council shall conduct a study to determine the most effective
325way to address the health insurance needs of young adults who
326are in the independent living program of the Department of
327Children and Family Services once the young adults are no longer
328eligible for the Florida KidCare program. The department and the
329Agency for Health Care Administration shall assist the advisory
330council in conducting the study. The advisory council shall
331provide a report containing recommendations to the President of
332the Senate and the Speaker of the House of Representatives by
333January 2, 2006.
334     Section 5.  The nonrecurring sum of $1,100,000 from the
335General Revenue Fund shall be appropriated to the Department of
336Children and Family Services for Fiscal Year 2005-2006 to
337implement the provisions of this act.
338     Section 6.  The Department of Children and Family Services
339shall promulgate rules to carry out the provisions of this act.
340     Section 7.  This act shall take effect July 1, 2005.


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