Senate Bill sb1798c1

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    Florida Senate - 2006                           CS for SB 1798

    By the Committee on Children and Families; and Senator Rich





    586-2028-06

  1                      A bill to be entitled

  2         An act relating to independent living

  3         transition services; amending s. 409.1451,

  4         F.S.; revising eligibility requirements for

  5         certain young adults; revising duties of the

  6         Department of Children and Family Services

  7         regarding independent living transition

  8         services; including additional parties in the

  9         review of a child's academic performance;

10         requiring the department or a community-based

11         care lead agency under contract with the

12         department to develop a plan for delivery of

13         such services; revising provisions governing

14         life skills services; requiring that the

15         department or provider work with the child to

16         develop a joint transition plan; requiring

17         judicial review of the plan; requiring

18         additional aftercare support services;

19         providing additional qualifications to receive

20         an award under the Road-to-Independence

21         Program; providing procedures for the payment

22         of awards; requiring a community-based care

23         lead agency to develop a plan for purchase and

24         delivery of such services and requiring

25         department approval prior to implementation;

26         permitting the Independent Living Services

27         Advisory Council to have access to certain data

28         held by the department and certain agencies;

29         amending ss. 39.013 and 1009.25, F.S.;

30         conforming references to changes made by the

31         act; amending s. 39.701, F.S.; requiring the

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    Florida Senate - 2006                           CS for SB 1798
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 1         court to issue an order, separate from any

 2         other judicial review order, that the

 3         disabilities of nonage of the youth have been

 4         removed from the youth in foster care; creating

 5         s. 743.045, F.S.; removing the disability of

 6         nonage for certain youth in the legal custody

 7         of the Department of Children and Family

 8         Services who are in foster care to enable the

 9         youth to execute a contract for the lease of

10         residential property in order that the youth

11         may move into the leased residential property

12         on the day of the youth's 18th birthday;

13         providing specified eligibility criteria;

14         providing for the validity of the contracts;

15         requiring the youth to present an order from a

16         court of competent jurisdiction removing the

17         disability of nonage; providing an effective

18         date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Section 409.1451, Florida Statutes, is

23  amended to read:

24         409.1451  Independent living transition services.--

25         (1)  SYSTEM OF SERVICES.--

26         (a)  The Department of Children and Family Services,

27  its agents, or community-based providers operating pursuant to

28  s. 409.1671 shall administer a system of independent living

29  transition services to enable older children in foster care

30  and young adults who exit foster care at age 18 to make the

31  transition to self-sufficiency as adults.

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    Florida Senate - 2006                           CS for SB 1798
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 1         (b)  The goals of independent living transition

 2  services are to assist older children in foster care and young

 3  adults who were formerly in foster care to obtain life skills

 4  and education for independent living and employment, to have a

 5  quality of life appropriate for their age, and to assume

 6  personal responsibility for becoming self-sufficient adults.

 7         (c)  State funds for foster care or federal funds shall

 8  be used to establish a continuum of services for eligible

 9  children in foster care and eligible young adults who were

10  formerly in foster care which accomplish the goals for the

11  system of independent living transition services by providing

12  services for foster children, pursuant to subsection (4), and

13  services for young adults who were formerly in foster care,

14  pursuant to subsection (5).

15         (d)  For children in foster care, independent living

16  transition services are not an alternative to adoption.

17  Independent living transition services may occur concurrently

18  with continued efforts to locate and achieve placement in

19  adoptive families for older children in foster care.

20         (2)  ELIGIBILITY.--

21         (a)  The department shall serve children who have

22  reached 13 years of age but are not yet 18 years of age and

23  who are in foster care by providing services pursuant to

24  subsection (4). Children to be served must meet the

25  eligibility requirements set forth for specific services as

26  provided in this section.

27         (b)  The department shall provide services pursuant to

28  subsection (5) to serve young adults who have reached 18 years

29  of age but are not yet 23 years of age and who were in foster

30  care when they turned 18 years of age or who were adopted from

31  foster care after reaching 16 years of age or, after spending

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    Florida Senate - 2006                           CS for SB 1798
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 1  at least 6 months in the custody of the department after

 2  reaching 16 years of age, were placed in a guardianship by the

 3  court by providing services pursuant to subsection (5). Young

 4  adults are not entitled to be served but must meet the

 5  eligibility requirements set forth for specific services in

 6  this section.

 7         (3)  PREPARATION FOR INDEPENDENT LIVING.--

 8         (a)  It is the intent of the Legislature for the

 9  Department of Children and Family Services to assist older

10  children in foster care and young adults who exit foster care

11  at age 18 in making the transition to independent living and

12  self-sufficiency as adults. The department shall provide such

13  children and young adults with opportunities to participate in

14  life skills activities in their foster families and

15  communities which are reasonable and appropriate for their

16  respective ages or for any special needs they may have, and

17  shall provide them with services to build life the skills and

18  increase their ability to live independently and become

19  self-sufficient. To support the provision of opportunities for

20  participation in age-appropriate life skills activities, the

21  department shall:

22         1.  Develop a list of age-appropriate activities and

23  responsibilities to be offered to all children involved in

24  independent living transition services and their foster

25  parents.

26         2.  Provide training for staff and foster parents to

27  address the issues of older children in foster care in

28  transitioning to adulthood, which shall include information on

29  high school completion, grant applications, vocational school

30  opportunities, supporting education and employment

31  

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    Florida Senate - 2006                           CS for SB 1798
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 1  opportunities, and providing opportunities to participate in

 2  appropriate daily activities.

 3         3.  Develop procedures to maximize the authority of

 4  foster parents or caregivers to approve participation in

 5  age-appropriate activities of children in their care. The

 6  age-appropriate activities shall be included in the child's

 7  case plan. This plan must include specific goals and

 8  objectives and be reviewed at each judicial review as part of

 9  the case plan.

10         4.  Provide opportunities for older children in foster

11  care to interact with mentors.

12         5.  Develop and implement procedures for older children

13  to directly access and manage the personal allowance they

14  receive from the department in order to learn responsibility

15  and participate in age-appropriate life skills activities to

16  the extent feasible.

17         6.  Make a good faith effort to fully explain, prior to

18  execution of any signature, if required, any document, report,

19  form, or other record, whether written or electronic,

20  presented to a child or young adult and allow for the

21  recipient to ask any appropriate questions necessary to fully

22  understand the document. It shall be the responsibility of the

23  person presenting the document to the child or young adult to

24  comply with this subparagraph.

25         (b)  It is further the intent of the Legislature that

26  each child in foster care, his or her foster parents, if

27  applicable, and the department or community-based provider set

28  early achievement and career goals for the child's

29  postsecondary educational and work experience. The department

30  and community-based providers shall implement the model set

31  

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    Florida Senate - 2006                           CS for SB 1798
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 1  forth in this paragraph to help ensure that children in foster

 2  care are ready for postsecondary education and the workplace.

 3         1.  For children in foster care who have reached 13

 4  years of age, entering the 9th grade, their foster parents,

 5  and the department or community-based provider shall ensure

 6  that the child's case plan includes an educational and career

 7  path be active participants in choosing a post-high school

 8  goal based upon both the abilities and interests of each

 9  child. The child, the foster parents, and a teacher or other

10  school staff member shall be included to the fullest extent

11  possible in developing the path. The path shall be reviewed at

12  each judicial hearing as part of the case plan and goal shall

13  accommodate the needs of children served in exceptional

14  education programs to the extent appropriate for each

15  individual. Such children may continue to follow the courses

16  outlined in the district school board student progression

17  plan. Children in foster care, with the assistance of their

18  foster parents, and the department or community-based provider

19  shall choose one of the following postsecondary goals:

20         a.  Attending a 4-year college or university, a

21  community college plus university, or a military academy;

22         b.  Receiving a 2-year postsecondary degree;

23         c.  Attaining a postsecondary career and technical

24  certificate or credential; or

25         d.  Beginning immediate employment, including

26  apprenticeship, after completion of a high school diploma or

27  its equivalent, or enlisting in the military.

28         2.  In order to assist the child in foster care in

29  achieving his or her chosen goal, the department or

30  community-based provider shall, with the participation of the

31  child and foster parents, identify:

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    Florida Senate - 2006                           CS for SB 1798
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 1         a.  The core courses necessary to qualify for a chosen

 2  goal.

 3         b.  Any elective courses which would provide additional

 4  help in reaching a chosen goal.

 5         c.  The grade point requirement and any additional

 6  information necessary to achieve a specific goal.

 7         d.  A teacher, other school staff member, employee of

 8  the department or community-based care provider, or community

 9  volunteer who would be willing to work with the child as an

10  academic advocate or mentor if foster parent involvement is

11  insufficient or unavailable.

12         3.  In order to complement educational goals, the

13  department and community-based providers are encouraged to

14  form partnerships with the business community to support

15  internships, apprenticeships, or other work-related

16  opportunities.

17         4.  The department and community-based providers shall

18  ensure that children in foster care and their foster parents

19  are made aware of the postsecondary goals available and shall

20  assist in identifying the coursework necessary to enable the

21  child to reach the chosen goal.

22         (c)  All children in foster care and young adults

23  formerly in foster care are encouraged to take part in

24  learning opportunities that result from participation in

25  community service activities.

26         (d)  Children in foster care and young adults formerly

27  in foster care shall be provided with the opportunity to

28  change from one postsecondary goal to another, and each

29  postsecondary goal shall allow for changes in each

30  individual's needs and preferences. Any change, particularly a

31  change that will result in additional time required to achieve

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 1  a goal, shall be made with the guidance and assistance of the

 2  department or community-based provider.

 3         (4)  SERVICES FOR CHILDREN IN FOSTER CARE.--The

 4  department shall provide the following transition to

 5  independence services to children in foster care who meet

 6  prescribed conditions and are determined eligible by the

 7  department. The service categories available to children in

 8  foster care which facilitate successful transition into

 9  adulthood are:

10         (a)  Preindependent living services.--

11         1.  Preindependent living services include, but are not

12  limited to, life skills training, educational field trips, and

13  conferences. The specific services to be provided to a child

14  shall be determined using a preindependent living assessment.

15         2.  A child who has reached 13 years of age but is not

16  yet 15 years of age who is in foster care is eligible for such

17  services.

18         3.  The department shall conduct an annual staffing for

19  each child who has reached 13 years of age but is not yet 15

20  years of age to ensure that the preindependent living training

21  and services to be provided as determined by the

22  preindependent living assessment are being received and to

23  evaluate the progress of the child in developing the needed

24  independent living skills.

25         4.  At the first annual staffing that occurs following

26  a child's 14th birthday, and at each subsequent staffing, the

27  department or community-based provider shall ensure that the

28  child's case plan includes an educational and career path

29  based upon both the abilities and interests of each child and

30  shall provide to each child detailed personalized information

31  on services provided by the Road-to-Independence Scholarship

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    Florida Senate - 2006                           CS for SB 1798
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 1  Program, including requirements for eligibility; on other

 2  grants, scholarships, and waivers that are available and

 3  should be sought by the child with assistance from the

 4  department, including, but not limited to, the Bright Futures

 5  Scholarship Program, as provided in ss. 1009.53-1009.538; on

 6  application deadlines; and on grade requirements for such

 7  programs.

 8         5.  Information related to both the preindependent

 9  living assessment and all staffings, which shall be reduced to

10  writing and signed by the child participant, shall be included

11  as a part of the written report required to be provided to the

12  court at each judicial review held pursuant to s. 39.701.

13         (b)  Life skills services.--

14         1.  Life skills services may include, but are not

15  limited to, independent living skills training, including

16  training to develop financial literacy banking and budgeting

17  skills, interviewing skills, parenting skills, and time

18  management or organizational skills, educational support,

19  employment training, and counseling. Children receiving these

20  services should also be provided with information related to

21  social security insurance benefits and public assistance. The

22  specific services to be provided to a child shall be

23  determined using an independent life skills assessment.

24         2.  A child who has reached 15 years of age but is not

25  yet 18 years of age who is in foster care is eligible for such

26  services.

27         3.  The department shall conduct a staffing at least

28  once every 6 months for each child who has reached 15 years of

29  age but is not yet 18 years of age to ensure that the

30  appropriate independent living training and services as

31  determined by the independent life skills assessment are being

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    Florida Senate - 2006                           CS for SB 1798
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 1  received and to evaluate the progress of the child in

 2  developing the needed independent living skills.

 3         4.  The department shall provide to each child in

 4  foster care no later than during the calendar month following

 5  the child's 17th birthday an independent living assessment to

 6  determine the child's skills and abilities to live

 7  independently and become self-sufficient. Based on the results

 8  of the independent living assessment, services and training

 9  shall be provided in order for the child to develop the

10  necessary skills and abilities prior to the child's 18th

11  birthday.

12         5.  The department or community-based care provider

13  shall work with the child in developing a joint transition

14  plan that is consistent with the needs assessment described in

15  subparagraph 4. The transition plan must identify the specific

16  services needed to support the child's own efforts to achieve

17  independence and must include specific tasks that the child

18  must complete or maintain in order to achieve independence.

19  The plan shall be incorporated into the child's case plan and

20  reviewed at the first judicial review after the child's 17th

21  birthday.

22         6.5.  Information related to both the independent life

23  skills assessment and all staffings, which shall be reduced to

24  writing and signed by the child participant, shall be included

25  as a part of the written report required to be provided to the

26  court at each judicial review held pursuant to s. 39.701.

27         (c)  Subsidized independent living services.--

28         1.  Subsidized independent living services are living

29  arrangements that allow the child to live independently of the

30  daily care and supervision of an adult in a setting that is

31  not required to be licensed under s. 409.175.

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 1         2.  A child who has reached 16 years of age but is not

 2  yet 18 years of age is eligible for such services if he or

 3  she:

 4         a.  Is adjudicated dependent under chapter 39; has been

 5  placed in licensed out-of-home care for at least 6 months

 6  prior to entering subsidized independent living; and has a

 7  permanency goal of adoption, independent living, or long-term

 8  licensed care; and

 9         b.  Is able to demonstrate independent living skills,

10  as determined by the department, using established procedures

11  and assessments.

12         3.  Independent living arrangements established for a

13  child must be part of an overall plan leading to the total

14  independence of the child from the department's supervision.

15  The plan must include, but need not be limited to, a

16  description of the skills of the child and a plan for learning

17  additional identified skills; the behavior that the child has

18  exhibited which indicates an ability to be responsible and a

19  plan for developing additional responsibilities, as

20  appropriate; a plan for future educational, vocational, and

21  training skills; present financial and budgeting capabilities

22  and a plan for improving resources and ability; a description

23  of the proposed residence; documentation that the child

24  understands the specific consequences of his or her conduct in

25  the independent living program; documentation of proposed

26  services to be provided by the department and other agencies,

27  including the type of service and the nature and frequency of

28  contact; and a plan for maintaining or developing

29  relationships with the family, other adults, friends, and the

30  community, as appropriate.

31  

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 1         4.  Subsidy payments in an amount established by the

 2  department may be made directly to a child under the direct

 3  supervision of a caseworker or other responsible adult

 4  approved by the department.

 5         (5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER

 6  CARE.--Based on the availability of funds, the department

 7  shall provide or arrange for the following services to young

 8  adults formerly in foster care who meet the prescribed

 9  conditions and are determined eligible by the department. The

10  department, or a community-based care lead agency when the

11  agency is under contract with the department to provide the

12  services described under this subsection, shall develop a plan

13  to implement those services. A plan shall be developed for

14  each community-based care service area in the state. Each plan

15  that is developed by a community-based care lead agency shall

16  be submitted to the department. Each plan shall include the

17  number of young adults to be served each month of the fiscal

18  year and specify the number of young adults who will reach 18

19  years of age who will be eligible for the plan and the number

20  of young adults who will reach 23 years of age and will be

21  ineligible for the plan or who are otherwise ineligible during

22  each month of the fiscal year; staffing requirements and all

23  related costs to administer the services and program;

24  expenditures to or on behalf of the eligible recipients; costs

25  of services provided to young adults through an approved plan

26  for housing, transportation, and employment; reconciliation of

27  these expenses and any additional related costs with the funds

28  allocated for these services; and an explanation of and a plan

29  to resolve any shortages or surpluses in order to end the

30  fiscal year with a balanced budget.  The categories of

31  

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 1  services available to assist a young adult formerly in foster

 2  care to achieve independence are:

 3         (a)  Aftercare support services.--

 4         1.  Aftercare support services are available to assist

 5  young adults who were formerly in foster care in their efforts

 6  to continue to develop the skills and abilities necessary for

 7  independent living. The aftercare support services available

 8  include, but are not limited to, the following:

 9         a.  Mentoring and tutoring.

10         b.  Mental health services and substance abuse

11  counseling.

12         c.  Life skills classes, including credit management

13  and preventive health activities.

14         d.  Parenting classes.

15         e.  Job and career skills training.

16         f.  Counselor consultations.

17         g.  Temporary financial assistance.

18         h.  Financial literacy skills training.

19  

20  The specific services to be provided under this subparagraph

21  shall be determined by an aftercare services assessment and

22  may be provided by the department or through referrals in the

23  community.

24         2.  Temporary assistance provided to prevent

25  homelessness shall be provided as expeditiously as possible

26  and within the limitations defined by the department.

27         3.2.  A young adult who has reached 18 years of age but

28  is not yet 23 years of age who leaves foster care at 18 years

29  of age but who requests services prior to reaching 23 years of

30  age is eligible for such services.

31         (b)  Road-to-Independence Scholarship Program.--

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 1         1.  The Road-to-Independence Scholarship Program is

 2  intended to help eligible students who are former foster

 3  children in this state to receive the educational and

 4  vocational training needed to achieve independence. The amount

 5  of the award shall be based on the living and educational

 6  needs of the young adult and may be up to, but may not exceed,

 7  the amount of earnings that the student would have been

 8  eligible to earn working a 40-hour-a-week federal minimum wage

 9  job.

10         2.  A young adult who has reached 18 years of age but

11  is not yet 21 years of age is eligible for the initial award,

12  and a young adult under 23 years of age is eligible for

13  renewal awards, if he or she:

14         a.  Was a dependent child, under chapter 39, and was

15  living in licensed foster care or in subsidized independent

16  living at the time of his or her 18th birthday or is currently

17  in licensed foster care or subsidized independent living, was

18  adopted from foster care after reaching 16 years of age, or,

19  after spending at least 6 months in the custody of the

20  department after reaching 16 years of age, was placed in a

21  guardianship by the court;

22         b.  Spent at least 6 months living in foster care

23  before reaching his or her 18th birthday;

24         c.  Is a resident of this state as defined in s.

25  1009.40; and

26         d.  Meets one of the following qualifications:

27         (I)  Has earned a standard high school diploma or its

28  equivalent as described in s. 1003.43 or s. 1003.435, or has

29  earned a special diploma or special certificate of completion

30  as described in s. 1003.438, and has been admitted for

31  

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 1  full-time enrollment in an eligible postsecondary education

 2  institution as defined in s. 1009.533;

 3         (II)  Is enrolled full time in an accredited high

 4  school; or

 5         (III)  Is enrolled full time in an accredited adult

 6  education program designed to provide the student with a high

 7  school diploma or its equivalent.

 8         3.  A young adult applying for the a

 9  Road-to-Independence Program Scholarship must apply for any

10  other grants and scholarships for which he or she may qualify.

11  The department shall assist the young adult in the application

12  process and may use the federal financial aid grant process to

13  determine the funding needs of the young adult.

14         4.  An award shall be available to a young adult who is

15  considered a full-time student or its equivalent by the

16  educational institution in which he or she is enrolled, unless

17  that young adult has a recognized disability preventing

18  full-time attendance. The amount of the award, whether it is

19  being used by a young adult working toward completion of a

20  high school diploma or its equivalent or working toward

21  completion of a postsecondary education program, shall be

22  determined based on an assessment of the funding needs of the

23  young adult. This assessment must consider the young adult's

24  living and educational costs and other grants, scholarships,

25  waivers, earnings, and other income to be received by the

26  young adult. An award shall be available only to the extent

27  that other grants and scholarships are not sufficient to meet

28  the living and educational needs of the young adult, but an

29  award may not be less than $25 in order to maintain Medicaid

30  eligibility for the young adult as provided in s. 409.903.

31  

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 1         5.  The portion of any award which if funded through

 2  federal education and training vouchers may be disregarded for

 3  purposes of determining the eligibility for, or the amount of,

 4  any other federal or federally supported assistance.

 5         6.5.a.  The department must advertise the criteria,

 6  application procedures, and availability of the program to:

 7         (I)  Children and young adults in, leaving, or formerly

 8  in foster care.

 9         (II)  Case managers.

10         (III)  Guidance and family services counselors.

11         (IV)  Principals or other relevant school

12  administrators and must ensure that the children and young

13  adults leaving foster care, foster parents, or family services

14  counselors are informed of the availability of the program and

15  the application procedures.

16         b.  A young adult must apply for the initial award

17  during the 6 months immediately preceding his or her 18th

18  birthday, and the department shall provide assistance with the

19  application process. A young adult who fails to make an

20  initial application, but who otherwise meets the criteria for

21  an initial award, may make one application for the initial

22  award if the application is made before the young adult's 21st

23  birthday. If the young adult does not apply for an initial

24  award before his or her 18th birthday, the department shall

25  inform that young adult of the opportunity to apply before

26  turning 21 years of age.

27         c.  If funding for the program is available, The

28  department shall issue awards from the scholarship program for

29  each young adult who meets all the requirements of the program

30  to the extent funding is available.

31  

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 1         d.  An award shall be issued at the time the eligible

 2  student reaches 18 years of age.

 3         e.  A young adult who is eligible for the

 4  Road-to-Independence Program, transitional support services,

 5  or aftercare services and who so desires shall be allowed to

 6  reside with the licensed foster family or group care provider

 7  with whom he or she was residing at the time of attaining his

 8  or her 18th birthday or to reside in another licensed foster

 9  home or with a group care provider arranged by the department.

10         f.  If the award recipient transfers from one eligible

11  institution to another and continues to meet eligibility

12  requirements, the award must be transferred with the

13  recipient.

14         g.  Scholarship Funds awarded to any eligible young

15  adult under this program are in addition to any other services

16  or funds provided to the young adult by the department through

17  transitional support services or aftercare services its

18  independent living transition services.

19         h.  The department shall provide information concerning

20  young adults receiving funding through the

21  Road-to-Independence Program Scholarship to the Department of

22  Education for inclusion in the student financial assistance

23  database, as provided in s. 1009.94.

24         i.  Scholarship Funds are intended to help eligible

25  young adults students who are former foster children in this

26  state to receive the educational and vocational training

27  needed to become independent and self-supporting. The funds

28  shall be terminated when the young adult has attained one of

29  four postsecondary goals under subsection (3) or reaches 23

30  years of age, whichever occurs earlier. In order to initiate

31  postsecondary education, to allow for a change in career goal,

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 1  or to obtain additional skills in the same educational or

 2  vocational area, a young adult may earn no more than two

 3  diplomas, certificates, or credentials. A young adult

 4  attaining an associate of arts or associate of science degree

 5  shall be permitted to work toward completion of a bachelor of

 6  arts or a bachelor of science degree or an equivalent

 7  undergraduate degree. Road-to-Independence Program Scholarship

 8  funds may not be used for education or training after a young

 9  adult has attained a bachelor of arts or a bachelor of science

10  degree or an equivalent undergraduate degree.

11         j.  The department shall evaluate and renew each award

12  annually during the 90-day period before the young adult's

13  birthday. In order to be eligible for a renewal award for the

14  subsequent year, the young adult must:

15         (I)  Complete the number of hours, or the equivalent

16  considered full time by the educational institution, unless

17  that young adult has a recognized disability preventing

18  full-time attendance, in the last academic year in which the

19  young adult earned an award a scholarship, except for a young

20  adult who meets the requirements of s. 1009.41.

21         (II)  Maintain appropriate progress as required by the

22  educational institution, except that, if the young adult's

23  progress is insufficient to renew the award scholarship at any

24  time during the eligibility period, the young adult may

25  restore eligibility by improving his or her progress to the

26  required level.

27         k.  Scholarship Funds may be terminated during the

28  interim between an award and the evaluation for a renewal

29  award if the department determines that the award recipient is

30  no longer enrolled in an educational institution as defined in

31  sub-subparagraph 2.d., or is no longer a state resident. The

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 1  department shall notify a recipient student who is terminated

 2  and inform the recipient student of his or her right to

 3  appeal.

 4         l.  An award recipient who does not qualify for a

 5  renewal award or who chooses not to renew the award may

 6  subsequently apply for reinstatement. An application for

 7  reinstatement must be made before the young adult reaches 21

 8  23 years of age, and a student may not apply for reinstatement

 9  more than once. In order to be eligible for reinstatement, the

10  young adult must meet the eligibility criteria and the

11  criteria for award renewal for the scholarship program.

12         (c)  Transitional support services.--

13         1.  In addition to any services provided through

14  aftercare support or the Road-to-Independence Program

15  Scholarship, a young adult formerly in foster care may receive

16  other appropriate short-term funding and services, which may

17  include financial, housing, counseling, employment, education,

18  mental health, disability, and other services, if the young

19  adult demonstrates that the services are critical to the young

20  adult's own efforts to achieve self-sufficiency and to develop

21  a personal support system.

22         2.  A young adult formerly in foster care is eligible

23  to apply for transitional support services if he or she has

24  reached 18 years of age but is not yet 23 years of age, was a

25  dependent child pursuant to chapter 39, was living in licensed

26  foster care or in subsidized independent living at the time of

27  his or her 18th birthday, and had spent at least 6 months

28  living in foster care before that date.

29         3.  If at any time the services are no longer critical

30  to the young adult's own efforts to achieve self-sufficiency

31  

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 1  and to develop a personal support system, they shall be

 2  terminated.

 3         (d)  Payment of aftercare, Road-to-Independence Program

 4  scholarship, or transitional support funds.--

 5         1.  Payment of aftercare, Road-to-Independence Program

 6  scholarship, or transitional support funds shall be made

 7  directly to the recipient unless the recipient requests in

 8  writing to the community-based care lead agency, or the

 9  department, that the payments or a portion of the payments be

10  made directly on the recipient's behalf in order to secure

11  services such as housing, counseling, education, or employment

12  training as part of the young adult's own efforts to achieve

13  self-sufficiency.

14         2.  After the completion of aftercare support services

15  that satisfy the requirements of sub-subparagraph (a)1.h.,

16  payment of awards under the Road-to-Independence Program shall

17  be made by direct deposit to the recipient, unless the

18  recipient requests in writing to the community-based care lead

19  agency or the department that:

20         a.  The payments be made directly to the recipient by

21  check or warrant;

22         b.  The payments or a portion of the payments be made

23  directly on the recipient's behalf to institutions the

24  recipient is attending to maintain eligibility under this

25  section; or

26         c.  The payments be made on a two-party check to a

27  business or landlord for a legitimate expense, whether

28  reimbursed or not. A legitimate expense for the purposes of

29  this sub-subparagraph shall include automobile repair or

30  maintenance expenses; educational, job, or training expenses;

31  and costs incurred, except legal costs, fines, or penalties,

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 1  when applying for or executing a rental agreement for the

 2  purposes of securing a home or residence.

 3         3.  The community-based care lead agency may purchase

 4  housing, transportation, or employment services to ensure the

 5  availability and affordability of specific transitional

 6  services thereby allowing an eligible young adult to utilize

 7  these services in lieu of receiving a direct payment. Prior to

 8  purchasing such services, the community-based care lead agency

 9  must have a plan approved by the department describing the

10  services to be purchased, the rationale for purchasing the

11  services, and a specific range of expenses for each service

12  that is less than the cost of purchasing the service by an

13  individual young adult. The plan must include a description of

14  the transition of a young adult using these services into

15  independence and a timeframe for achievement of independence.

16  An eligible young adult who can demonstrate an ability to

17  obtain these services independently and prefers a direct

18  payment shall receive such payment. The plan must be reviewed

19  annually and evaluated for cost-efficiency and for

20  effectiveness in assisting young adults in achieving

21  independence, preventing homelessness among young adults, and

22  enabling young adults to earn a living wage in a permanent

23  employment situation.

24         4.  The young adult who resides with a foster family

25  may not be included as a child in calculating any licensing

26  restriction on the number of children in the foster home.

27         (e)  Appeals process.--

28         1.  The Department of Children and Family Services

29  shall adopt by rule a procedure by which a young adult may

30  appeal an eligibility determination or the department's

31  failure to provide aftercare, Road-to-Independence Program

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 1  scholarship, or transitional support services, or the

 2  termination of such services, if such funds are available.

 3         2.  The procedure developed by the department must be

 4  readily available to young adults, must provide timely

 5  decisions, and must provide for an appeal to the Secretary of

 6  Children and Family Services. The decision of the secretary

 7  constitutes final agency action and is reviewable by the court

 8  as provided in s. 120.68.

 9         (6)  ACCOUNTABILITY.--The department shall develop

10  outcome measures for the program and other performance

11  measures.

12         (7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The

13  Secretary of Children and Family Services shall establish the

14  Independent Living Services Advisory Council for the purpose

15  of reviewing and making recommendations concerning the

16  implementation and operation of the independent living

17  transition services. This advisory council shall continue to

18  function as specified in this subsection until the Legislature

19  determines that the advisory council can no longer provide a

20  valuable contribution to the department's efforts to achieve

21  the goals of the independent living transition services.

22         (a)  Specifically, the advisory council shall assess

23  the implementation and operation of the system of independent

24  living transition services and advise the department on

25  actions that would improve the ability of the independent

26  living transition services to meet the established goals. The

27  advisory council shall keep the department informed of

28  problems being experienced with the services, barriers to the

29  effective and efficient integration of services and support

30  across systems, and successes that the system of independent

31  living transition services has achieved. The department shall

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 1  consider, but is not required to implement, the

 2  recommendations of the advisory council.

 3         (b)  The advisory council shall report to the

 4  appropriate substantive committees of the Senate and the House

 5  of Representatives on the status of the implementation of the

 6  system of independent living transition services; efforts to

 7  publicize the availability of aftercare support services, the

 8  Road-to-Independence Scholarship Program, and transitional

 9  support services; specific barriers to financial aid created

10  by the scholarship and possible solutions; the success of the

11  services; problems identified; recommendations for department

12  or legislative action; and the department's implementation of

13  the recommendations contained in the Independent Living

14  Services Integration Workgroup Report submitted to the Senate

15  and the House substantive committees December 31, 2002. This

16  advisory council report shall be submitted by December 31 of

17  each year that the council is in existence and shall be

18  accompanied by a report from the department which identifies

19  the recommendations of the advisory council and either

20  describes the department's actions to implement these

21  recommendations or provides the department's rationale for not

22  implementing the recommendations.

23         (c)  Members of the advisory council shall be appointed

24  by the secretary of the department. The membership of the

25  advisory council must include, at a minimum, representatives

26  from the headquarters and district offices of the Department

27  of Children and Family Services, community-based care lead

28  agencies, the Agency for Workforce Innovation, the Department

29  of Education, the Agency for Health Care Administration, the

30  State Youth Advisory Board, Workforce Florida, Inc., the

31  Statewide Guardian Ad Litem Office, foster parents, recipients

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 1  of Road-to-Independence Program funding, and advocates for

 2  foster children. The secretary shall determine the length of

 3  the term to be served by each member appointed to the advisory

 4  council, which may not exceed 4 years.

 5         (d)  The Department of Children and Family Services

 6  shall provide administrative support to the Independent Living

 7  Services Advisory Council to accomplish its assigned tasks.

 8  The advisory council shall be afforded access to all

 9  appropriate data from the department, each community-based

10  care lead agency, and other relevant agencies in order to

11  accomplish the tasks set forth in this section. The data

12  collected may not include any information that would identify

13  a specific child or young adult.

14         (8)  PERSONAL PROPERTY.--Property acquired on behalf of

15  clients of this program shall become the personal property of

16  the clients and is not subject to the requirements of chapter

17  273 relating to state-owned tangible personal property. Such

18  property continues to be subject to applicable federal laws.

19         (9)  MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN

20  FOSTER CARE.--The department shall enroll in the Florida

21  KidCare program, outside the open enrollment period, each

22  young adult who is eligible as described in paragraph (2)(b)

23  and who has not yet reached his or her 20th 19th birthday.

24         (a)  A young adult who was formerly in foster care at

25  the time of his or her 18th birthday and who is 18 years of

26  age but not yet 20 19, shall pay the premium for the Florida

27  KidCare program as required in s. 409.814.

28         (b)  A young adult who has health insurance coverage

29  from a third party through his or her employer or who is

30  eligible for Medicaid is not eligible for enrollment under

31  this subsection.

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 1         (10)  RULEMAKING.--The department shall adopt by rule

 2  procedures to administer this section, including balancing the

 3  goals of normalcy and safety for the youth and providing the

 4  caregivers with as much flexibility as possible to enable the

 5  youth to participate in normal life experiences. The

 6  department shall not adopt rules relating to reductions in

 7  scholarship awards. The department shall engage in appropriate

 8  planning to prevent, to the extent possible, a reduction in

 9  scholarship awards after issuance.

10         Section 2.  Subsection (2) of section 39.013, Florida

11  Statutes, is amended to read:

12         39.013  Procedures and jurisdiction; right to

13  counsel.--

14         (2)  The circuit court shall have exclusive original

15  jurisdiction of all proceedings under this chapter, of a child

16  voluntarily placed with a licensed child-caring agency, a

17  licensed child-placing agency, or the department, and of the

18  adoption of children whose parental rights have been

19  terminated under this chapter. Jurisdiction attaches when the

20  initial shelter petition, dependency petition, or termination

21  of parental rights petition is filed or when a child is taken

22  into the custody of the department. The circuit court may

23  assume jurisdiction over any such proceeding regardless of

24  whether the child was in the physical custody of both parents,

25  was in the sole legal or physical custody of only one parent,

26  caregiver, or some other person, or was in the physical or

27  legal custody of no person when the event or condition

28  occurred that brought the child to the attention of the court.

29  When the court obtains jurisdiction of any child who has been

30  found to be dependent, the court shall retain jurisdiction,

31  unless relinquished by its order, until the child reaches 18

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 1  years of age. However, if a youth petitions the court at any

 2  time before his or her 19th birthday requesting the court's

 3  continued jurisdiction, the juvenile court may retain

 4  jurisdiction under this chapter for a period not to exceed 1

 5  year following the youth's 18th birthday for the purpose of

 6  determining whether appropriate aftercare support,

 7  Road-to-Independence Program Scholarship, transitional

 8  support, mental health, and developmental disability services,

 9  to the extent otherwise authorized by law, have been provided

10  to the formerly dependent child who was in the legal custody

11  of the department immediately before his or her 18th birthday.

12  If a petition for special immigrant juvenile status and an

13  application for adjustment of status have been filed on behalf

14  of a foster child and the petition and application have not

15  been granted by the time the child reaches 18 years of age,

16  the court may retain jurisdiction over the dependency case

17  solely for the purpose of allowing the continued consideration

18  of the petition and application by federal authorities. Review

19  hearings for the child shall be set solely for the purpose of

20  determining the status of the petition and application. The

21  court's jurisdiction terminates upon the final decision of the

22  federal authorities. Retention of jurisdiction in this

23  instance does not affect the services available to a young

24  adult under s. 409.1451. The court may not retain jurisdiction

25  of the case after the immigrant child's 22nd birthday.

26         Section 3.  Paragraph (a) of subsection (6) of section

27  39.701, Florida Statutes, is amended to read:

28         39.701  Judicial review.--

29         (6)(a)  In addition to paragraphs (1)(a) and (2)(a),

30  the court shall hold a judicial review hearing within 90 days

31  after a youth's 17th birthday. The court shall also issue an

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 1  order, separate from the order on judicial review, that the

 2  disabilities of nonage of the youth have been removed pursuant

 3  to s. 743.045. The court and shall continue to hold timely

 4  judicial review hearings thereafter. In addition, the court

 5  may review the status of the child more frequently during the

 6  year prior to the youth's 18th birthday if necessary. At each

 7  review held under this subsection, in addition to any

 8  information or report provided to the court, the foster

 9  parent, legal custodian, guardian ad litem, and the child

10  shall be given the opportunity to address the court with any

11  information relevant to the child's best interests,

12  particularly as it relates to independent living transition

13  services. In addition to any information or report provided to

14  the court, the department shall include in its judicial review

15  social study report written verification that the child:

16         1.  Has been provided with a current Medicaid card and

17  has been provided all necessary information concerning the

18  Medicaid program sufficient to prepare the youth to apply for

19  coverage upon reaching age 18, if such application would be

20  appropriate.

21         2.  Has been provided with a certified copy of his or

22  her birth certificate and, if the child does not have a valid

23  driver's license, a Florida identification card issued under

24  s. 322.051.

25         3.  Has been provided information relating to Social

26  Security Insurance benefits if the child is eligible for these

27  benefits. If the child has received these benefits and they

28  are being held in trust for the child, a full accounting of

29  those funds must be provided and the child must be informed

30  about how to access those funds.

31  

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 1         4.  Has been provided with information and training

 2  related to budgeting skills, interviewing skills, and

 3  parenting skills.

 4         5.  Has been provided with all relevant information

 5  related to the Road-to-Independence Program Scholarship,

 6  including, but not limited to, eligibility requirements, forms

 7  necessary to apply, and assistance in completing the forms.

 8  The child shall also be informed that, if he or she is

 9  eligible for the Road-to-Independence Scholarship Program, he

10  or she may reside with the licensed foster family or group

11  care provider with whom the child was residing at the time of

12  attaining his or her 18th birthday or may reside in another

13  licensed foster home or with a group care provider arranged by

14  the department.

15         6.  Has an open bank account, or has identification

16  necessary to open an account, and has been provided with

17  essential banking skills.

18         7.  Has been provided with information on public

19  assistance and how to apply.

20         8.  Has been provided a clear understanding of where he

21  or she will be living on his or her 18th birthday, how living

22  expenses will be paid, and what educational program or school

23  he or she will be enrolled in.

24         9.  Has been provided with notice of the youth's right

25  to petition for the court's continuing jurisdiction for 1 year

26  after the youth's 18th birthday as specified in s. 39.013(2)

27  and with information on how to obtain access to the court.

28         10.  Has been encouraged to attend all judicial review

29  hearings occurring after his or her 17th birthday.

30         Section 4.  Paragraph (c) of subsection (2) of section

31  1009.25, Florida Statutes, is amended to read:

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 1         1009.25  Fee exemptions.--

 2         (2)  The following students are exempt from the payment

 3  of tuition and fees, including lab fees, at a school district

 4  that provides postsecondary career programs, community

 5  college, or state university:

 6         (c)  A student who the state has determined is eligible

 7  for the Road-to-Independence Program Scholarship, regardless

 8  of whether an award is issued or not, or a student who is or

 9  was at the time he or she reached 18 years of age in the

10  custody of a relative under s. 39.5085, or who is adopted from

11  the Department of Children and Family Services after May 5,

12  1997. Such exemption includes fees associated with enrollment

13  in career-preparatory instruction and completion of the

14  college-level communication and computation skills testing

15  program. Such an exemption is available to any student who was

16  in the custody of a relative under s. 39.5085 at the time he

17  or she reached 18 years of age or was adopted from the

18  Department of Children and Family Services after May 5, 1997;

19  however, the exemption remains valid for no more than 4 years

20  after the date of graduation from high school.

21         Section 5.  Section 743.045, Florida Statutes, is

22  created to read:

23         743.045  Removal of disabilities of minors; executing

24  contracts for a residential lease.--For the sole purpose of

25  ensuring that youth in foster care will be able to execute a

26  contract for the lease of residential property in order that

27  the youth may move into the leased residential property on the

28  day of the youth's 18th birthday, the disability of nonage of

29  minors is removed for all youth who have reached the age of 17

30  years, who have been adjudicated dependent, and who are in the

31  legal custody of the Department of Children and Family

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 1  Services through foster care or subsidized independent living.

 2  These youth are authorized to make and execute contracts,

 3  releases, and all other instruments necessary for the purpose

 4  of entering into a contract for the lease of residential

 5  property upon the youth's 18th birthday. The contracts or

 6  other instruments made by the youth shall have the same effect

 7  as though they were the obligations of persons who were not

 8  minors. Youth seeking to enter into such lease contracts or

 9  execute other necessary instruments that are incidental to

10  entering into a lease must present an order from a court of

11  competent jurisdiction removing the disabilities of nonage of

12  the minor under this section.

13         Section 6.  This act shall take effect July 1, 2006.

14  

15  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1798

 3                                 

 4  Removes the changes to the Road to Independence Scholarship
    Program which made the program an Educational and Training
 5  Voucher Program, replacing those changes with removing the
    word "Scholarship" from the program title.
 6  
    Removes the requirement for separate plans outlining
 7  age-appropriate activities, an educational and career path for
    older foster children, and a transition plan for young adults,
 8  replacing those requirements with one to address such issues
    in the child's case plan at various points in his or her life.
 9  
    Removes the directive that funds received under the John H.
10  Chaffee Foster Care Independence Program for educational and
    training vouchers be dispersed in compliance with federal law
11  and regulations.

12  Removes the restrictions placed on the department and
    community-based care agencies in allocating available funds to
13  eligible recipients of the Road to Independence Program.

14  Removes the direction to the Department of Children and
    Families to evaluate the efficiency and cost-effectiveness of
15  contracting the Road to Independence Program to a private
    entity and the authorization for the department to contract
16  with such an entity.

17  Extends the availability of KidCare to young adults to age 20.

18  Removes the expansion of Medicaid services to young adults.

19  Removes the disability of nonage for foster children over the
    age of 17 solely for the purpose of executing leases for
20  residential property.

21  

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