HB 1607

1	A bill to be entitled
2	An act relating to transition services for young adults in
3	foster care; amending s. 409.1451, F.S.; revising duties
4	of the Department of Children and Family Services
5	regarding independent living transition services;
6	including additional parties in the review of a child's
7	academic performance; requiring the department or a
8	community-based care lead agency under contract with the
9	department to develop a plan for delivery of such
10	services; requiring additional aftercare support services;
11	requiring certain funds awarded as part of the Road-to-
12	Independence Program to be used in accordance with
13	specified federal regulations; providing additional
14	qualifications to receive an award; providing procedures
15	for the payment of awards; requiring collaboration between
16	certain parties in the development of an agreement
17	regarding the provision of transitional services;
18	requiring a community-based care lead agency to develop a
19	plan for purchase and delivery of such services and
20	requiring department approval prior to implementation;
21	requiring a report to the Legislature; providing that
22	funding for aftercare and transitional support services be
23	determined based on availability of funds; permitting the
24	Independent Living Advisory Council to have access to
25	certain data held by the department and certain agencies;
26	authorizing the department to enter into certain
27	contracts; providing limitations on funds awarded;
28	amending s. 409.903, F.S.; providing eligibility criteria
29	for young adults formerly in foster care to receive
30	certain services; requiring the department to provide
31	notice to the Agency for Health Care Administration;
32	requiring the agency to make certain health care records
33	available in electronic format; amending ss. 39.013,
34	39.701, and 1009.25, F.S.; conforming references to
35	changes made by the act; providing an appropriation;
36	providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Section 409.1451, Florida Statutes, is amended
41	to read:
42	409.1451  Independent living transition services.--
43	(1)  SYSTEM OF SERVICES.--
44	(a)  The Department of Children and Family Services, its
45	agents, or community-based providers operating pursuant to s.
46	409.1671 shall administer a system of independent living
47	transition services to enable older children in foster care and
48	young adults who exit foster care at age 18 to make the
49	transition to self-sufficiency as adults.
50	(b)  The goals of independent living transition services
51	are to assist older children in foster care and young adults who
52	were formerly in foster care to obtain life skills and education
53	for independent living and employment, to have a quality of life
54	appropriate for their age, and to assume personal responsibility
55	for becoming self-sufficient adults.
56	(c)  State funds for foster care or federal funds shall be
57	used to establish a continuum of services for eligible children
58	in foster care and eligible young adults who were formerly in
59	foster care which accomplish the goals for the system of
60	independent living transition services by providing services for
61	foster children, pursuant to subsection (4), and services for
62	young adults who were formerly in foster care, pursuant to
63	subsection (5).
64	(d)  For children in foster care, independent living
65	transition services are not an alternative to adoption.
66	Independent living transition services may occur concurrently
67	with continued efforts to locate and achieve placement in
68	adoptive families for older children in foster care.
69	(2)  ELIGIBILITY.--
70	(a)  The department shall serve children who have reached
71	13 years of age but are not yet 18 years of age and who are in
72	foster care by providing services pursuant to subsection (4).
73	Children to be served must meet the eligibility requirements set
74	forth for specific services as provided in this section.
75	(b)  The department shall serve young adults who have
76	reached 18 years of age or were placed with a court-approved
77	nonrelative or guardian after reaching 16 years of age and have
78	spent a minimum of 6 months in foster care but are not yet 23
79	years of age and who were in foster care when they turned 18
80	years of age by providing services pursuant to subsection (5).
81	Young adults are not entitled to be served but must meet the
82	eligibility requirements set forth for specific services in this
83	section.
84	(3)  PREPARATION FOR INDEPENDENT LIVING.--
85	(a)  It is the intent of the Legislature for the Department
86	of Children and Family Services to assist older children in
87	foster care and young adults who exit foster care at age 18 in
88	making the transition to independent living and self-sufficiency
89	as adults. The department shall provide such children and young
90	adults with opportunities to participate in life skills
91	activities in their foster families and communities which are
92	reasonable and appropriate for their respective ages or for any
93	special needs they may have, and shall provide them with
94	services to build life the skills and increase their ability to
95	live independently and become self-sufficient. To support the
96	provision of opportunities for participation in age-appropriate
97	life skills activities, the department shall:
98	1.  Develop a list of age-appropriate activities and
99	responsibilities to be offered to all children involved in
100	independent living transition services and their foster parents.
101	2.  Provide training for staff and foster parents to
102	address the issues of older children in foster care in
103	transitioning to adulthood, which shall include information on
104	high school completion, grant applications, vocational school
105	opportunities, supporting education and employment
106	opportunities, and providing opportunities to participate in
107	appropriate daily activities.
108	3.  Develop procedures to maximize the authority of foster
109	parents or caregivers to approve participation in age-
110	appropriate activities of children in their care. The age-
111	appropriate activities and the authority of the foster parent or
112	caregiver shall be developed into a written plan that the foster
113	parent or caregiver, the child, and the case manager all develop
114	together, sign, and follow. This plan must include specific
115	goals and objectives and be reviewed and updated no less than
116	quarterly.
117	4.  Provide opportunities for older children in foster care
118	to interact with mentors.
119	5.  Develop and implement procedures similar to those in
120	sub-subparagraph (5)(b)5.l. for older children to directly
121	access and manage the personal allowance they receive from the
122	department in order to learn responsibility and participate in
123	age-appropriate life skills activities to the extent feasible.
124	6.  Make a good faith effort to fully explain, prior to
125	execution of any signature, if required, any document, report,
126	form, or other record, whether written or electronic, presented
127	to a child or young adult pursuant to this chapter and allow for
128	the recipient to ask any appropriate questions necessary to
129	fully understand the document. It shall be the responsibility of
130	the person presenting the document to the child or young adult
131	to comply with this subparagraph.
132	(b)  It is further the intent of the Legislature that each
133	child in foster care, his or her foster parents, if applicable,
134	and the department or community-based provider set early
135	achievement and career goals for the child's postsecondary
136	educational and work experience. The department and community-
137	based providers shall implement the model set forth in this
138	paragraph to help ensure that children in foster care are ready
139	for postsecondary education and the workplace.
140	1.  For children in foster care who have reached 13 years
141	of age and are entering the 9th grade, their foster parents, and
142	the department or community-based provider shall be active
143	participants in planning and executing an educational and career
144	path choosing a post-high school goal based upon both the
145	abilities and interests of each child. The path shall be
146	reviewed no less than annually and shall include a review of the
147	child's academic improvement plan pursuant to s. 1008.25,
148	individual educational plan, if applicable, and report card or
149	student portfolio and goal shall accommodate the needs of
150	children served in exceptional education programs to the extent
151	appropriate for each individual. Such children may continue to
152	follow the courses outlined in the district school board student
153	progression plan. Children in foster care, with the assistance
154	of their foster parents, and the department or community-based
155	provider shall choose one of the following postsecondary goals:
156	a.  Attending a 4-year college or university, a community
157	college plus university, or a military academy;
158	b.  Receiving a 2-year postsecondary degree;
159	c.  Attaining a postsecondary career and technical
160	certificate or credential; or
161	d.  Beginning immediate employment, including
162	apprenticeship, after completion of a high school diploma or its
163	equivalent, or enlisting in the military.
164	2.  In order to assist the child in foster care in
165	achieving his or her chosen goal, the department or community-
166	based provider shall, with the participation of the child and
167	foster parents, identify:
168	a.  The core courses in the child's secondary school
169	necessary to qualify for a chosen goal.
170	b.  Any elective courses which would provide additional
171	help in reaching a chosen goal.
172	c.  The grade point requirement and any additional
173	information necessary to achieve a specific goal.
174	d.  A teacher, other school staff member, employee of the
175	department or community-based care provider, or community
176	volunteer who would be willing to work with the child as an
177	academic advocate or mentor if foster parent involvement is
178	insufficient or unavailable.
179	3.  In order to complement educational goals, the
180	department and community-based providers are encouraged to form
181	partnerships with the business community to support internships,
182	apprenticeships, or other work-related opportunities.
183	4.  The department and community-based providers shall
184	ensure that children in foster care and their foster parents are
185	made aware of the postsecondary goals available and shall assist
186	in identifying the coursework necessary to enable the child to
187	reach the chosen goal.
188	(c)  All children in foster care and young adults formerly
189	in foster care are encouraged to take part in learning
190	opportunities that result from participation in community
191	service activities.
192	(d)  Children in foster care and young adults formerly in
193	foster care shall be provided with the opportunity to change
194	from one postsecondary goal to another, and each postsecondary
195	goal shall allow for changes in each individual's needs and
196	preferences. Any change, particularly a change that will result
197	in additional time required to achieve a goal, shall be made
198	with the guidance and assistance of the department or community-
199	based provider.
200	(4)  SERVICES FOR CHILDREN IN FOSTER CARE.--The department
201	shall provide the following transition to independence services
202	to children in foster care who meet prescribed conditions and
203	are determined eligible by the department. The service
204	categories available to children in foster care which facilitate
205	successful transition into adulthood are:
206	(a)  Preindependent living services.--
207	1.  Preindependent living services include, but are not
208	limited to, life skills training, educational field trips, and
209	conferences. The specific services to be provided to a child
210	shall be determined using a preindependent living assessment.
211	2.  A child who has reached 13 years of age but is not yet
212	15 years of age who is in foster care is eligible for such
213	services.
214	3.  The department shall conduct an annual staffing for
215	each child who has reached 13 years of age but is not yet 15
216	years of age to ensure that the preindependent living training
217	and services to be provided as determined by the preindependent
218	living assessment are being received and to evaluate the
219	progress of the child in developing the needed independent
220	living skills.
221	4.  At the first annual staffing that occurs following a
222	child's 14th birthday, and at each subsequent staffing, the
223	department, the child, and, to the greatest extent possible, his
224	or her foster parent or caregiver shall review the child's
225	academic improvement plan pursuant to s. 1008.25, individual
226	educational plan, if applicable, and report card or student
227	portfolio and shall provide to each child detailed personalized
228	information on services provided by the Road-to-Independence
229	Scholarship Program, including requirements for eligibility; on
230	other grants, scholarships, and waivers that are available and
231	should be sought by the child with assistance from the
232	department, including, but not limited to, the Bright Futures
233	Scholarship Program, as provided in ss. 1009.53-1009.538; on
234	application deadlines; and on grade requirements for such
235	programs.
236	5.  Information related to both the preindependent living
237	assessment and all staffings, which shall be reduced to writing
238	and signed by the child participant, shall be included as a part
239	of the written report required to be provided to the court at
240	each judicial review held pursuant to s. 39.701.
241	(b)  Life skills services.--
242	1.  Life skills services may include, but are not limited
243	to, independent living skills training, including training to
244	develop banking and budgeting skills, interviewing skills,
245	parenting skills, and time management or organizational skills,
246	educational support, employment training, and counseling.
247	Children receiving these services should also be provided with
248	information related to social security insurance benefits and
249	public assistance. The specific services to be provided to a
250	child shall be determined using an independent life skills
251	assessment.
252	2.  A child who has reached 15 years of age but is not yet
253	18 years of age who is in foster care is eligible for such
254	services.
255	3.  The department shall conduct a staffing at least once
256	every 6 months for each child who has reached 15 years of age
257	but is not yet 18 years of age to ensure that the appropriate
258	independent living training and services as determined by the
259	independent life skills assessment are being received and to
260	evaluate the progress of the child in developing the needed
261	independent living skills.
262	4.  The department shall provide to each child in foster
263	care during the calendar month following the child's 17th
264	birthday an independent living assessment to determine the
265	child's skills and abilities to live independently and become
266	self-sufficient. Based on the results of the independent living
267	assessment, services and training shall be provided in order for
268	the child to develop the necessary skills and abilities prior to
269	the child's 18th birthday.
270	5.  Information related to both the independent life skills
271	assessment and all staffings, which shall be reduced to writing
272	and signed by the child participant, shall be included as a part
273	of the written report required to be provided to the court at
274	each judicial review held pursuant to s. 39.701.
275	(c)  Subsidized independent living services.--
276	1.  Subsidized independent living services are living
277	arrangements that allow the child to live independently of the
278	daily care and supervision of an adult in a setting that is not
279	required to be licensed under s. 409.175.
280	2.  A child who has reached 16 years of age but is not yet
281	18 years of age is eligible for such services if he or she:
282	a.  Is adjudicated dependent under chapter 39; has been
283	placed in licensed out-of-home care for at least 6 months prior
284	to entering subsidized independent living; and has a permanency
285	goal of adoption, independent living, or long-term licensed
286	care; and
287	b.  Is able to demonstrate independent living skills, as
288	determined by the department, using established procedures and
289	assessments.
290	3.  Independent living arrangements established for a child
291	must be part of an overall plan leading to the total
292	independence of the child from the department's supervision. The
293	plan must include, but need not be limited to, a description of
294	the skills of the child and a plan for learning additional
295	identified skills; the behavior that the child has exhibited
296	which indicates an ability to be responsible and a plan for
297	developing additional responsibilities, as appropriate; a plan
298	for future educational, vocational, and training skills; present
299	financial and budgeting capabilities and a plan for improving
300	resources and ability; a description of the proposed residence;
301	documentation that the child understands the specific
302	consequences of his or her conduct in the independent living
303	program; documentation of proposed services to be provided by
304	the department and other agencies, including the type of service
305	and the nature and frequency of contact; and a plan for
306	maintaining or developing relationships with the family, other
307	adults, friends, and the community, as appropriate.
308	4.  Subsidy payments in an amount established by the
309	department may be made directly to a child under the direct
310	supervision of a caseworker or other responsible adult approved
311	by the department.
312	(5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER CARE.--It
313	is the intent of the Legislature that assistance be provided so
314	that every young adult who exits foster care at age 18 has the
315	opportunity to obtain housing, finish high school, attend
316	postsecondary or vocational training, and obtain the skills
317	necessary to find a job or begin a career as he or she makes the
318	transition to complete independence. Aftercare support services,
319	the Road-to-Independence Program, and transitional support
320	services are established to accomplish this intent to the
321	fullest degree possible. Based on the availability of funds, the
322	department shall provide or arrange for the following services
323	to young adults formerly in foster care who meet the prescribed
324	conditions and are determined eligible by the department. The
325	department, or a community-based care lead agency when the
326	agency is under contract with the department to provide the
327	services described under this subsection, shall develop a plan
328	to implement those services. A plan shall be developed for each
329	community-based care service area in the state. An approved plan
330	shall be delivered to the Independent Living Services Advisory
331	Council within 10 business days after approval. Each plan shall
332	include the number of young adults to be served each month of
333	the fiscal year and specify the number of young adults who will
334	reach 18 years of age who will be eligible for the plan and the
335	number of young adults who will reach 23 years of age and will
336	be ineligible for the plan or who are otherwise ineligible
337	during each month of the fiscal year; staffing requirements and
338	all related costs to administer the services and program;
339	expenditures to or on behalf of the eligible recipients; costs
340	of services provided to young adults through an approved plan
341	for housing, transportation, and employment; reconciliation of
342	these expenses and any additional related costs with the funds
343	allocated for these services; and an explanation of and a plan
344	to resolve any shortages or surpluses in order to end the fiscal
345	year with a balanced budget. The categories of services
346	available to assist a young adult formerly in foster care to
347	achieve independence are:
348	(a)  Aftercare support services.--
349	1.  Aftercare support services are available to assist
350	young adults who were formerly in foster care in their efforts
351	to continue to develop the skills and abilities necessary for
352	independent living. The aftercare support services available
353	include, but are not limited to, the following:
354	a.  Mentoring and tutoring.
355	b.  Mental health services and substance abuse counseling.
356	c.  Life skills classes, including credit management and
357	preventive health activities.
358	d.  Parenting classes.
359	e.  Job and career skills training.
360	f.  Counselor consultations.
361	g.  Temporary financial assistance.
362	h.  Banking and budgeting skills.
363
364	The specific services to be provided under this subparagraph
365	shall be determined by an aftercare services assessment and may
366	be provided by the department or through referrals in the
367	community. A young adult who opens a bank account at a financial
368	institution in this state satisfies the requirements of sub-
369	subparagraph h. if, when opening that account, he or she
370	received instructions on how to maintain that account, including
371	the fee structure of that institution, and he or she has
372	established direct deposit or a written waiver pursuant to sub-
373	subparagraph (b)5.l.
374	2.  Temporary assistance provided to prevent homelessness
375	shall be provided as expeditiously as possible and is limited to
376	funds available within the limitations defined by the
377	department.
378	3.2.  A young adult who has reached 18 years of age but is
379	not yet 23 years of age who leaves foster care at 18 years of
380	age but who requests services prior to reaching 23 years of age
381	is eligible for such services.
382	(b)  Road-to-Independence Scholarship Program.--Funds
383	awarded as part of the Road-to-Independence Program under the
384	John H. Chaffee Foster Care Independence Program shall be used
385	in accordance with the federal regulations found in 42 U.S.C. s.
386	677(i) for young adults formerly in foster care.
387	1.  The Road-to-Independence Scholarship Program is
388	intended to help eligible students who are former foster
389	children in this state to receive the educational and vocational
390	training needed to achieve independence. The amount of the award
391	shall be based on the living and educational needs of the young
392	adult and may be up to, but may not exceed, the amount of
393	earnings that the student would have been eligible to earn
394	working a 40-hour-a-week federal minimum wage job.
395	2.  A child in foster care or a young adult who has a high
396	school diploma or its equivalent reached 18 years of age but is
397	not yet 21 years of age is eligible for the initial award, and a
398	young adult participating in the program on his or her 21st
399	birthday may remain eligible for renewal awards until he or she
400	reaches under 23 years of age is eligible for renewal awards, if
401	he or she:
402	a.  Was a dependent child, under chapter 39, and was living
403	in licensed foster care or in subsidized independent living at
404	the time of his or her 18th birthday or is currently in licensed
405	foster care or subsidized independent living, was adopted from
406	foster care after reaching 16 years of age, or, after spending
407	at least 6 months in the custody of the department after
408	reaching 16 years of age, was placed in a guardianship by the
409	court;
410	b.  Spent at least 6 months living in foster care before
411	reaching his or her 18th birthday or before obtaining his or her
412	high school diploma or its equivalent;
413	c.  Is a resident of this state as defined in s. 1009.40;
414	and
415	d.  Meets one of the following qualifications:
416	d.(I)  Has earned a standard high school diploma or its
417	equivalent as described in s. 1003.43 or s. 1003.435, or has
418	earned a special diploma or special certificate of completion as
419	described in s. 1003.438, and has been admitted for part-time or
420	full-time enrollment in an eligible postsecondary education
421	institution as defined in s. 1009.533.;
422	(II)  Is enrolled full time in an accredited high school;
423	or
424	(III)  Is enrolled full time in an accredited adult
425	education program designed to provide the student with a high
426	school diploma or its equivalent.
427	3.  A young adult applying for the a Road-to-Independence
428	Program Scholarship must apply for any other grants and
429	scholarships for which he or she may qualify. The department
430	shall assist the young adult in the application process and may
431	use the federal financial aid grant process to determine the
432	funding needs of the young adult.
433	4.  An award shall be available to a young adult who is
434	considered a full-time student or its equivalent by the
435	educational institution in which he or she is enrolled, unless
436	that young adult is employed, has a recognized disability
437	preventing full-time attendance, or practices a vocation. The
438	amount of an award under this subparagraph may be disregarded
439	for purposes of determining the young adult's eligibility for,
440	or the amount of, any other federal or federally supported
441	assistance The amount of the award, whether it is being used by
442	a young adult working toward completion of a high school diploma
443	or its equivalent or working toward completion of a
444	postsecondary education program, shall be determined based on an
445	assessment of the funding needs of the young adult. This
446	assessment must consider the young adult's living and
447	educational costs and other grants, scholarships, waivers,
448	earnings, and other income to be received by the young adult. An
449	award shall be available only to the extent that other grants
450	and scholarships are not sufficient to meet the living and
451	educational needs of the young adult, but an award may not be
452	less than $25 in order to maintain Medicaid eligibility for the
453	young adult as provided in s. 409.903.
454	5.a.  The department must advertise the criteria,
455	application procedures, and availability of the program to:
456	(I)  Children and young adults in, leaving, or formerly in
457	foster care.
458	(II)  Case managers.
459	(III)  Guidance and family services counselors.
460	(IV)  Principals or other relevant school administrators
461	and must ensure that the children and young adults leaving
462	foster care, foster parents, or family services counselors are
463	informed of the availability of the program and the application
464	procedures.
465	b.  A young adult must apply for the initial award during
466	the 6 months immediately preceding his or her 18th birthday, and
467	the department shall provide assistance with the application
468	process. A young adult who fails to make an initial application,
469	but who otherwise meets the criteria for an initial award, may
470	make one application for the initial award if the application is
471	made before the young adult's 21st birthday. If the young adult
472	does not apply for an initial award before his or her 18th
473	birthday, the department shall inform that young adult of the
474	opportunity to apply before turning 21 years of age.
475	b.c.  If funding for the program is available, The
476	department shall issue awards from the scholarship program for
477	each young adult who meets all the requirements of the program
478	to the extent funding is available.
479	c.d.  An award shall be issued at the time the eligible
480	student reaches 18 years of age.
481	d.e.  A young adult who is eligible for the Road-to-
482	Independence Program, transitional support services, or
483	aftercare services and who so desires shall be allowed to reside
484	with the licensed foster family or group care provider with whom
485	he or she was residing at the time of attaining his or her 18th
486	birthday or to reside in another licensed foster home or with a
487	group care provider arranged by the department.
488	e.f.  If the award recipient transfers from one eligible
489	institution to another and continues to meet eligibility
490	requirements, the award must be transferred with the recipient.
491	f.g.  Scholarship Funds awarded to any eligible young adult
492	under this program are in addition to any other services or
493	funds provided to the young adult by the department through
494	transitional support services or aftercare services its
495	independent living transition services.
496	g.h.  The department shall provide information concerning
497	young adults receiving funding through the Road-to-Independence
498	Program Scholarship to the Department of Education for inclusion
499	in the student financial assistance database, as provided in s.
500	1009.94.
501	h.i.  Scholarship Funds are intended to help eligible young
502	adults students who are former foster children in this state to
503	receive the educational and vocational training needed to become
504	independent and self-supporting. The funds shall be terminated
505	when the young adult has attained one of four postsecondary
506	goals under subsection (3) or reaches 23 years of age, whichever
507	occurs earlier. In order to initiate postsecondary education, to
508	allow for a change in career goal, or to obtain additional
509	skills in the same educational or vocational area, a young adult
510	may earn no more than two diplomas, certificates, or
511	credentials. A young adult attaining an associate of arts or
512	associate of science degree shall be permitted to work toward
513	completion of a bachelor of arts or a bachelor of science degree
514	or an equivalent undergraduate degree. Road-to-Independence
515	Program Scholarship funds may not be used for education or
516	training after a young adult has attained a bachelor of arts or
517	a bachelor of science degree or an equivalent undergraduate
518	degree.
519	i.j.  The department shall evaluate and renew each award
520	annually during the 90-day period before the young adult's
521	birthday. In order to be eligible for a renewal award for the
522	subsequent year, the young adult must:
523	(I)  Complete the number of hours, or the equivalent
524	considered part time or full time by the educational
525	institution, in the last academic year in which the young adult
526	earned an award a scholarship, except for a young adult who
527	meets the requirements of s. 1009.41.
528	(II)  Maintain appropriate progress as required by the
529	educational institution, except that, if the young adult's
530	progress is insufficient to renew the award scholarship at any
531	time during the eligibility period, the young adult may restore
532	eligibility by improving his or her progress to the required
533	level.
534	j.k.  Scholarship Funds may be terminated during the
535	interim between an award and the evaluation for a renewal award
536	if the department determines that the award recipient is no
537	longer enrolled in an educational institution as defined in sub-
538	subparagraph 2.d., or is no longer a state resident. The
539	department shall notify a recipient student who is terminated
540	and inform the recipient student of his or her right to appeal.
541	k.l.  An award recipient who does not qualify for a renewal
542	award or who chooses not to renew the award may subsequently
543	apply for reinstatement. An application for reinstatement must
544	be made before the young adult reaches 21 23 years of age, and a
545	student may not apply for reinstatement more than once. In order
546	to be eligible for reinstatement, the young adult must meet the
547	eligibility criteria and the criteria for award renewal for the
548	scholarship program.
549	l.  After the completion of aftercare support services that
550	satisfy the requirements of sub-subparagraph (a)1.h., payment of
551	awards under the Road-to-Independence Program shall be made by
552	direct deposit to the recipient, unless the recipient requests
553	in writing to the community-based care lead agency or the
554	department that:
555	(I)  The payments be made directly to the recipient by
556	check or warrant;
557	(II)  The payments or a portion of the payments be made
558	directly on the recipient's behalf to institutions the recipient
559	is attending to maintain eligibility under this section; or
560	(III)  The payments be made on a two-party check to a
561	business or landlord for a legitimate expense, whether
562	reimbursed or not. A legitimate expense for the purposes of this
563	sub-sub-subparagraph shall include auto repair or maintenance;
564	educational, job, or training expenses; and costs incurred,
565	except legal costs, fines, or penalties, when applying for or
566	executing a rental agreement for the purposes of securing a home
567	or residence.
568	(c)  Transitional support services.--
569	1.  In addition to any services provided through aftercare
570	support or the Road-to-Independence Program Scholarship, a young
571	adult formerly in foster care may receive other appropriate
572	short-term funding and services, which may include financial,
573	housing, counseling, employment, education, mental health,
574	disability, and other services, if the young adult demonstrates
575	that the services are critical to the young adult's own efforts
576	to achieve self-sufficiency and to develop a personal support
577	system. The department or community-based care provider shall
578	work with the young adult in developing a joint transition
579	agreement that is consistent with a needs assessment identifying
580	the specific need for transitional services to support the young
581	adult's own efforts. The young adult must have specific tasks to
582	complete or maintain included in the agreement and be
583	accountable for the completion of or making progress towards the
584	completion of these tasks. However, no task shall be forced upon
585	a young adult and if the young adult and department or
586	community-based care provider cannot come to agreement regarding
587	any part of the plan, the young adult may access a grievance
588	process to its full extent in an effort to resolve the
589	disagreement.
590	2.  A young adult formerly in foster care is eligible to
591	apply for transitional support services if he or she has reached
592	18 years of age but is not yet 23 years of age, was a dependent
593	child pursuant to chapter 39, was living in licensed foster care
594	or in subsidized independent living at the time of his or her
595	18th birthday, and had spent at least 6 months living in foster
596	care before that date.
597	3.  If at any time the services are no longer critical to
598	the young adult's own efforts to achieve self-sufficiency and to
599	develop a personal support system, they shall be terminated.
600	(d)  Payment of aftercare, Road-to-Independence Program
601	scholarship, or transitional support funds.--Payment of
602	aftercare, Road-to-Independence Program scholarship, or
603	transitional support funds shall be made directly to the
604	recipient unless the recipient requests in writing to the
605	community-based care lead agency, or the department, that the
606	payments or a portion of the payments be made directly on the
607	recipient's behalf in order to secure services such as housing,
608	counseling, education, or employment training as part of the
609	young adult's own efforts to achieve self-sufficiency. The
610	community-based care lead agency may purchase housing,
611	transportation, or employment services to ensure the
612	availability and affordability of specific transitional services
613	thereby allowing an eligible young adult to utilize these
614	services in lieu of receiving a direct payment. Prior to
615	purchasing such services, the community-based care lead agency
616	must have a plan approved by the department describing the
617	services to be purchased, the rationale for purchasing the
618	services, and a specific range of expenses for each service that
619	is less than the cost of purchasing the service by an individual
620	young adult. The plan must include a description of the
621	transition of a young adult using these services into
622	independence and a timeframe for achievement of independence. An
623	eligible young adult who can demonstrate an ability to obtain
624	these services independently and prefers a direct payment shall
625	receive such payment. The plan must be reviewed annually and
626	evaluated for cost-efficiency and for effectiveness in assisting
627	young adults in achieving independence, preventing homelessness
628	among young adults, and enabling young adults to earn a livable
629	wage in a permanent employment situation. The young adult who
630	resides with a foster family may not be included as a child in
631	calculating any licensing restriction on the number of children
632	in the foster home.
633	(e)  Appeals process.--
634	1.  The Department of Children and Family Services shall
635	adopt by rule a procedure by which a young adult may appeal an
636	eligibility determination or the department's failure to provide
637	aftercare, Road-to-Independence Program scholarship, or
638	transitional support services, or the termination of such
639	services, if such funds are available.
640	2.  The procedure developed by the department must be
641	readily available to young adults, must provide timely
642	decisions, and must provide for an appeal to the Secretary of
643	Children and Family Services. The decision of the secretary
644	constitutes final agency action and is reviewable by the court
645	as provided in s. 120.68.
646	(6)  ACCOUNTABILITY.--The department shall maintain
647	oversight by developing develop outcome measures for the program
648	and other performance measures and presenting these measures in
649	an annual report to the appropriate substantive committees of
650	the Senate and the House of Representatives. The report must
651	include:
652	(a)  An evaluation of the goals and measures developed
653	under this section as compared to the outcomes achieved by and
654	the performance of the department.
655	(b)  A summary of data gathered pursuant to sub-
656	subparagraph (5)(b)5.m.
657	(c)  Rules adopted or proposed under this section since the
658	last report. For the purposes of the first report, any rules
659	adopted or proposed under this section must be included.
660	(7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The
661	Secretary of Children and Family Services shall establish the
662	Independent Living Services Advisory Council for the purpose of
663	reviewing and making recommendations concerning the
664	implementation and operation of the independent living
665	transition services. This advisory council shall continue to
666	function as specified in this subsection until the Legislature
667	determines that the advisory council can no longer provide a
668	valuable contribution to the department's efforts to achieve the
669	goals of the independent living transition services.
670	(a)  Specifically, the advisory council shall assess the
671	implementation and operation of the system of independent living
672	transition services and advise the department on actions that
673	would improve the ability of the independent living transition
674	services to meet the established goals. The advisory council
675	shall keep the department informed of problems being experienced
676	with the services, barriers to the effective and efficient
677	integration of services and support across systems, and
678	successes that the system of independent living transition
679	services has achieved. The department shall consider, but is not
680	required to implement, the recommendations of the advisory
681	council.
682	(b)  The advisory council shall report to the appropriate
683	substantive committees of the Senate and the House of
684	Representatives on the status of the implementation of the
685	system of independent living transition services; efforts to
686	publicize the availability of aftercare support services, the
687	Road-to-Independence Scholarship Program, and transitional
688	support services; specific barriers to financial aid created by
689	the scholarship and possible solutions; the success of the
690	services; problems identified; recommendations for department or
691	legislative action; and the department's implementation of the
692	recommendations contained in the Independent Living Services
693	Integration Workgroup Report submitted to the Senate and the
694	House substantive committees December 31, 2002. This advisory
695	council report shall be submitted by December 31 of each year
696	that the council is in existence and shall be accompanied by a
697	report from the department which identifies the recommendations
698	of the advisory council and either describes the department's
699	actions to implement these recommendations or provides the
700	department's rationale for not implementing the recommendations.
701	(c)  Members of the advisory council shall be appointed by
702	the secretary of the department. The membership of the advisory
703	council must include, at a minimum, representatives from the
704	headquarters and district offices of the Department of Children
705	and Family Services, community-based care lead agencies, the
706	Agency for Workforce Innovation, the Department of Education,
707	the Agency for Health Care Administration, the State Youth
708	Advisory Board, Workforce Florida, Inc., the Statewide Guardian
709	Ad Litem Office, foster parents, recipients of Road-to-
710	Independence Program funding, and advocates for foster children.
711	The secretary shall determine the length of the term to be
712	served by each member appointed to the advisory council, which
713	may not exceed 4 years.
714	(d)  The advisory council shall have access to all
715	appropriate data from the Department of Children and Family
716	Services and the community-based care lead agencies or other
717	relevant agencies to accomplish the tasks set forth in this
718	section. This data shall not include any confidential
719	information that would lead to the identity of a specific child
720	or young adult.
721	(8)  PERSONAL PROPERTY.--Property acquired on behalf of
722	clients of this program shall become the personal property of
723	the clients and is not subject to the requirements of chapter
724	273 relating to state-owned tangible personal property. Such
725	property continues to be subject to applicable federal laws.
726	(9)  MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN FOSTER
727	CARE.--The department shall enroll in the Florida KidCare
728	program, outside the open enrollment period, each young adult
729	who is eligible as described in paragraph (2)(b) and who has not
730	yet reached his or her 19th birthday.
731	(a)  A young adult who was formerly in foster care at the
732	time of his or her 18th birthday and who is 18 years of age but
733	not yet 19, shall pay the premium for the Florida KidCare
734	program as required in s. 409.814.
735	(b)  A young adult who has health insurance coverage from a
736	third party through his or her employer or who is eligible for
737	Medicaid is not eligible for enrollment under this subsection.
738	(10)  RULEMAKING.--The department shall adopt by rule
739	procedures to administer this section, including balancing the
740	goals of normalcy and safety for the youth and providing the
741	caregivers with as much flexibility as possible to enable the
742	youth to participate in normal life experiences. The department
743	shall not adopt rules relating to reductions in scholarship
744	awards. The department shall engage in appropriate planning to
745	prevent, to the extent possible, a reduction in scholarship
746	awards after issuance. The department shall not establish, by
747	rule or practice, a limit on the amount of aftercare or
748	transitional support services funding an eligible young adult
749	may receive. This amount shall be determined based on the
750	specific needs of the young adult and the availability of funds.
751	(11)  CONTRACTS FOR SERVICES.--The department shall
752	contract with a qualified nonprofit entity, legally operating
753	within the state, to coordinate and manage all services
754	described in this section and to manage all funds available to
755	provide those services and related support services, including
756	case management, administrative, and out-of-home care funds for
757	children and young adults eligible for these services when they
758	reach 16 years of age until they reach 23 years of age or are
759	otherwise no longer eligible. The contract shall include funding
760	for the current positions, associated expenses, and other
761	administrative costs within the department's budget. The
762	selected entity shall coordinate and manage the services and may
763	not directly provide services unless the selected entity is
764	currently providing these services within a community-based care
765	project. The selected entity shall not provide services to
766	children and young adults beyond the limits of the existing
767	contract. The entity shall contract with community-based care
768	lead agencies to provide the services or with local community
769	provider agencies that have specific skills and experience with
770	providing transitional support services to children and young
771	adults and with which the lead agency has collaborated.
772	(12)  AWARD OF FUNDING.--The total amount of the funds
773	awarded directly to an eligible young adult under paragraph
774	(5)(b) shall be based upon the living and educational needs of
775	the young adult and may equal, but not exceed, the amount of
776	earnings that the young adult would have been eligible to earn
777	working a 40-hour-a-week federal minimum wage job, excluding any
778	funds provided for immediate need or emergency services as one-
779	time payments.
780	Section 2.  Section 409.903, Florida Statutes, is amended
781	to read:
782	409.903  Mandatory payments for eligible persons.--The
783	agency shall make payments for medical assistance and related
784	services on behalf of the following persons who the department,
785	or the Social Security Administration by contract with the
786	Department of Children and Family Services, determines to be
787	eligible, subject to the income, assets, and categorical
788	eligibility tests set forth in federal and state law. Payment on
789	behalf of these Medicaid eligible persons is subject to the
790	availability of moneys and any limitations established by the
791	General Appropriations Act or chapter 216.
792	(1)  Low-income families with children are eligible for
793	Medicaid provided they meet the following requirements:
794	(a)  The family includes a dependent child who is living
795	with a caretaker relative.
796	(b)  The family's income does not exceed the gross income
797	test limit.
798	(c)  The family's countable income and resources do not
799	exceed the applicable Aid to Families with Dependent Children
800	(AFDC) income and resource standards under the AFDC state plan
801	in effect in July 1996, except as amended in the Medicaid state
802	plan to conform as closely as possible to the requirements of
803	the welfare transition program, to the extent permitted by
804	federal law.
805	(2)  A person who receives payments from, who is determined
806	eligible for, or who was eligible for but lost cash benefits
807	from the federal program known as the Supplemental Security
808	Income program (SSI). This category includes a low-income person
809	age 65 or over and a low-income person under age 65 considered
810	to be permanently and totally disabled.
811	(3)  A child under age 21 living in a low-income, two-
812	parent family, and a child under age 7 living with a
813	nonrelative, if the income and assets of the family or child, as
814	applicable, do not exceed the resource limits under the WAGES
815	Program.
816	(4)  A child who is eligible under Title IV-E of the Social
817	Security Act for subsidized board payments, foster care, or
818	adoption subsidies, and a child for whom the state has assumed
819	temporary or permanent responsibility and who does not qualify
820	for Title IV-E assistance but is in foster care, shelter or
821	emergency shelter care, or subsidized adoption. This category
822	includes a young adult who is eligible to receive services under
823	s. 409.1451(5) until he or she reaches age 21, without regard to
824	any income, assets, or categorical eligibility tests set forth
825	in federal and state law child who was eligible under Title IV-E
826	of the Social Security Act for foster care or the state-provided
827	foster care, who exited foster care due to attaining the age of
828	18 years, and who has been awarded a Road-to-Independence
829	Scholarship.
830	(5)  A pregnant woman for the duration of her pregnancy and
831	for the postpartum period as defined in federal law and rule, or
832	a child under age 1, if either is living in a family that has an
833	income which is at or below 150 percent of the most current
834	federal poverty level, or, effective January 1, 1992, that has
835	an income which is at or below 185 percent of the most current
836	federal poverty level. Such a person is not subject to an assets
837	test. Further, a pregnant woman who applies for eligibility for
838	the Medicaid program through a qualified Medicaid provider must
839	be offered the opportunity, subject to federal rules, to be made
840	presumptively eligible for the Medicaid program.
841	(6)  A child born after September 30, 1983, living in a
842	family that has an income which is at or below 100 percent of
843	the current federal poverty level, who has attained the age of
844	6, but has not attained the age of 19. In determining the
845	eligibility of such a child, an assets test is not required. A
846	child who is eligible for Medicaid under this subsection must be
847	offered the opportunity, subject to federal rules, to be made
848	presumptively eligible. A child who has been deemed
849	presumptively eligible for Medicaid shall not be enrolled in a
850	managed care plan until the child's full eligibility
851	determination for Medicaid has been completed.
852	(7)  A child living in a family that has an income which is
853	at or below 133 percent of the current federal poverty level,
854	who has attained the age of 1, but has not attained the age of
855	6. In determining the eligibility of such a child, an assets
856	test is not required. A child who is eligible for Medicaid under
857	this subsection must be offered the opportunity, subject to
858	federal rules, to be made presumptively eligible. A child who
859	has been deemed presumptively eligible for Medicaid shall not be
860	enrolled in a managed care plan until the child's full
861	eligibility determination for Medicaid has been completed.
862	(8)  A person who is age 65 or over or is determined by the
863	agency to be disabled, whose income is at or below 100 percent
864	of the most current federal poverty level and whose assets do
865	not exceed limitations established by the agency. However, the
866	agency may only pay for premiums, coinsurance, and deductibles,
867	as required by federal law, unless additional coverage is
868	provided for any or all members of this group by s. 409.904(1).
869
870	The Department of Children and Family Services shall notify the
871	Agency for Health Care Administration within 10 days after it
872	opens a case for child welfare services in the HomeSafeNet
873	system for a Medicaid recipient. If that Medicaid recipient is a
874	member of a Medicaid prepaid heath plan, the agency shall notify
875	the prepaid health plan within 10 days after it opens a case for
876	child welfare services. When a child who is receiving health
877	care benefits under Medicaid is placed in the care and custody
878	or under the supervision of the department, the agency shall
879	make available all health care records, including behavioral
880	health care records and all prescription drugs prescribed for
881	the child on a continuous and daily basis. The agency shall make
882	these records available in an electronic format to allow the
883	department and the community-based care lead agencies to create
884	an electronic health record or electronic medical passport for
885	each child in the database of their choice and have it refreshed
886	at least every 24 hours. The agency is not required to make this
887	information available in multiple formats, but only in a format
888	the department and the community-based care lead agencies can
889	use for the purpose of creating the electronic medical passport.
890	Section 3.  Subsection (2) of section 39.013, Florida
891	Statutes, is amended to read:
892	39.013  Procedures and jurisdiction; right to counsel.--
893	(2)  The circuit court shall have exclusive original
894	jurisdiction of all proceedings under this chapter, of a child
895	voluntarily placed with a licensed child-caring agency, a
896	licensed child-placing agency, or the department, and of the
897	adoption of children whose parental rights have been terminated
898	under this chapter. Jurisdiction attaches when the initial
899	shelter petition, dependency petition, or termination of
900	parental rights petition is filed or when a child is taken into
901	the custody of the department. The circuit court may assume
902	jurisdiction over any such proceeding regardless of whether the
903	child was in the physical custody of both parents, was in the
904	sole legal or physical custody of only one parent, caregiver, or
905	some other person, or was in the physical or legal custody of no
906	person when the event or condition occurred that brought the
907	child to the attention of the court. When the court obtains
908	jurisdiction of any child who has been found to be dependent,
909	the court shall retain jurisdiction, unless relinquished by its
910	order, until the child reaches 18 years of age. However, if a
911	youth petitions the court at any time before his or her 19th
912	birthday requesting the court's continued jurisdiction, the
913	juvenile court may retain jurisdiction under this chapter for a
914	period not to exceed 1 year following the youth's 18th birthday
915	for the purpose of determining whether appropriate aftercare
916	support, Road-to-Independence Program Scholarship, transitional
917	support, mental health, and developmental disability services,
918	to the extent otherwise authorized by law, have been provided to
919	the formerly dependent child who was in the legal custody of the
920	department immediately before his or her 18th birthday. If a
921	petition for special immigrant juvenile status and an
922	application for adjustment of status have been filed on behalf
923	of a foster child and the petition and application have not been
924	granted by the time the child reaches 18 years of age, the court
925	may retain jurisdiction over the dependency case solely for the
926	purpose of allowing the continued consideration of the petition
927	and application by federal authorities. Review hearings for the
928	child shall be set solely for the purpose of determining the
929	status of the petition and application. The court's jurisdiction
930	terminates upon the final decision of the federal authorities.
931	Retention of jurisdiction in this instance does not affect the
932	services available to a young adult under s. 409.1451. The court
933	may not retain jurisdiction of the case after the immigrant
934	child's 22nd birthday.
935	Section 4.  Paragraph (a) of subsection (6) of section
936	39.701, Florida Statutes, is amended to read:
937	39.701  Judicial review.--
938	(6)(a)  In addition to paragraphs (1)(a) and (2)(a), the
939	court shall hold a judicial review hearing within 90 days after
940	a youth's 17th birthday and shall continue to hold timely
941	judicial review hearings. In addition, the court may review the
942	status of the child more frequently during the year prior to the
943	youth's 18th birthday if necessary. At each review held under
944	this subsection, in addition to any information or report
945	provided to the court, the foster parent, legal custodian,
946	guardian ad litem, and the child shall be given the opportunity
947	to address the court with any information relevant to the
948	child's best interests, particularly as it relates to
949	independent living transition services. In addition to any
950	information or report provided to the court, the department
951	shall include in its judicial review social study report written
952	verification that the child:
953	1.  Has been provided with a current Medicaid card and has
954	been provided all necessary information concerning the Medicaid
955	program sufficient to prepare the youth to apply for coverage
956	upon reaching age 18, if such application would be appropriate.
957	2.  Has been provided with a certified copy of his or her
958	birth certificate and, if the child does not have a valid
959	driver's license, a Florida identification card issued under s.
960	322.051.
961	3.  Has been provided information relating to Social
962	Security Insurance benefits if the child is eligible for these
963	benefits. If the child has received these benefits and they are
964	being held in trust for the child, a full accounting of those
965	funds must be provided and the child must be informed about how
966	to access those funds.
967	4.  Has been provided with information and training related
968	to budgeting skills, interviewing skills, and parenting skills.
969	5.  Has been provided with all relevant information related
970	to the Road-to-Independence Program Scholarship, including, but
971	not limited to, eligibility requirements, forms necessary to
972	apply, and assistance in completing the forms. The child shall
973	also be informed that, if he or she is eligible for the Road-to-
974	Independence Scholarship Program, he or she may reside with the
975	licensed foster family or group care provider with whom the
976	child was residing at the time of attaining his or her 18th
977	birthday or may reside in another licensed foster home or with a
978	group care provider arranged by the department.
979	6.  Has an open bank account, or has identification
980	necessary to open an account, and has been provided with
981	essential banking skills.
982	7.  Has been provided with information on public assistance
983	and how to apply.
984	8.  Has been provided a clear understanding of where he or
985	she will be living on his or her 18th birthday, how living
986	expenses will be paid, and what educational program or school he
987	or she will be enrolled in.
988	9.  Has been provided with notice of the youth's right to
989	petition for the court's continuing jurisdiction for 1 year
990	after the youth's 18th birthday as specified in s. 39.013(2) and
991	with information on how to obtain access to the court.
992	10.  Has been encouraged to attend all judicial review
993	hearings occurring after his or her 17th birthday.
994	Section 5.  Paragraph (c) of subsection (2) of section
995	1009.25, Florida Statutes, is amended to read:
996	1009.25  Fee exemptions.--
997	(2)  The following students are exempt from the payment of
998	tuition and fees, including lab fees, at a school district that
999	provides postsecondary career programs, community college, or
1000	state university:
1001	(c)  A student who the state has determined is eligible for
1002	the Road-to-Independence Scholarship, regardless of whether an
1003	award is issued or not, or a student who is or was at the time
1004	he or she reached 18 years of age in the custody of the
1005	Department of Children and Family Services or a relative under
1006	s. 39.5085, or who is adopted from the Department of Children
1007	and Family Services after May 5, 1997, or who, after spending at
1008	least 6 months in the custody of the department after reaching
1009	16 years of age, was placed in a guardianship by the court. Such
1010	exemption includes fees associated with enrollment in career-
1011	preparatory instruction and completion of the college-level
1012	communication and computation skills testing program. Such an
1013	exemption is available to any student who was in the custody of
1014	a relative under s. 39.5085 at the time he or she reached 18
1015	years of age or was adopted from the Department of Children and
1016	Family Services after May 5, 1997; however, the exemption
1017	remains valid for no more than 4 years after the date of
1018	graduation from high school.
1019	Section 6.  The sum of $200,000 in recurring revenue is
1020	appropriated from the General Revenue Fund to the Department of
1021	Children and Family Services for the 2006-2007 fiscal year
1022	specifically to contract with an agency selected by the
1023	Independent Living Advisory Council to provide the
1024	administrative support to the advisory council to accomplish the
1025	purposes of s. 409.1451, Florida Statutes.
1026	Section 7.  This act shall take effect July 1, 2006.

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