Senate Bill sb1798c2

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    Florida Senate - 2006                    CS for CS for SB 1798

    By the Committees on Education; Children and Families; and
    Senators Rich and Lynn




    581-2268-06

  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; deleting certain time restrictions for

22         submitting applications; providing procedures

23         for the payment of awards; requiring a

24         community-based care lead agency to develop a

25         plan for purchase and delivery of such services

26         and requiring department approval prior to

27         implementation; requiring the department to

28         submit a report annually to the Legislature on

29         performance, oversight, and rule development;

30         permitting the Independent Living Services

31         Advisory Council to have access to certain data

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    Florida Senate - 2006                    CS for CS for SB 1798
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 1         held by the department and certain agencies;

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

 3         conforming references to changes made by the

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

 5         court to issue an order, separate from any

 6         other judicial review order, that the

 7         disabilities of nonage of the youth have been

 8         removed from the youth in foster care; creating

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

10         nonage for certain youth in the legal custody

11         of the Department of Children and Family

12         Services who are in foster care to enable the

13         youth to execute a contract for the lease of

14         residential property in order that the youth

15         may move into the leased residential property

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

17         providing specified eligibility criteria;

18         providing for the validity of the contracts;

19         requiring the youth to present an order from a

20         court of competent jurisdiction removing the

21         disability of nonage; providing an effective

22         date.

23  

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

25  

26         Section 1.  Section 409.1451, Florida Statutes, is

27  amended to read:

28         409.1451  Independent living transition services.--

29         (1)  SYSTEM OF SERVICES.--

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

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

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 1  s. 409.1671 shall administer a system of independent living

 2  transition services to enable older children in foster care

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

 4  transition to self-sufficiency as adults.

 5         (b)  The goals of independent living transition

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

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

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

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

10  personal responsibility for becoming self-sufficient adults.

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

12  be used to establish a continuum of services for eligible

13  children in foster care and eligible young adults who were

14  formerly in foster care which accomplish the goals for the

15  system of independent living transition services by providing

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

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

18  pursuant to subsection (5).

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

20  transition services are not an alternative to adoption.

21  Independent living transition services may occur concurrently

22  with continued efforts to locate and achieve placement in

23  adoptive families for older children in foster care.

24         (2)  ELIGIBILITY.--

25         (a)  The department shall serve children who have

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

27  who are in foster care by providing services pursuant to

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

29  eligibility requirements set forth for specific services as

30  provided in this section.

31  

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 1         (b)  The department shall provide services pursuant to

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

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

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

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

 6  at least 6 months in the custody of the department after

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

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

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

10  eligibility requirements set forth for specific services in

11  this section.

12         (3)  PREPARATION FOR INDEPENDENT LIVING.--

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

14  Department of Children and Family Services to assist older

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

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

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

18  children and young adults with opportunities to participate in

19  life skills activities in their foster families and

20  communities which are reasonable and appropriate for their

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

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

23  increase their ability to live independently and become

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

25  participation in age-appropriate life skills activities, the

26  department shall:

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

28  responsibilities to be offered to all children involved in

29  independent living transition services and their foster

30  parents.

31  

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 1         2.  Provide training for staff and foster parents to

 2  address the issues of older children in foster care in

 3  transitioning to adulthood, which shall include information on

 4  high school completion, grant applications, vocational school

 5  opportunities, supporting education and employment

 6  opportunities, and providing opportunities to participate in

 7  appropriate daily activities.

 8         3.  Develop procedures to maximize the authority of

 9  foster parents or caregivers to approve participation in

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

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

12  case plan. This plan must include specific goals and

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

14  the case plan.

15         4.  Provide opportunities for older children in foster

16  care to interact with mentors.

17         5.  Develop and implement procedures for older children

18  to directly access and manage the personal allowance they

19  receive from the department in order to learn responsibility

20  and participate in age-appropriate life skills activities to

21  the extent feasible.

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

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

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

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

26  recipient to ask any appropriate questions necessary to fully

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

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

29  comply with this subparagraph.

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

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

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

 2  early achievement and career goals for the child's

 3  postsecondary educational and work experience. The department

 4  and community-based providers shall implement the model set

 5  forth in this paragraph to help ensure that children in foster

 6  care are ready for postsecondary education and the workplace.

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

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

 9  and the department or community-based provider shall ensure

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

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

12  goal based upon both the abilities and interests of each

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

14  school staff member shall be included to the fullest extent

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

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

17  accommodate the needs of children served in exceptional

18  education programs to the extent appropriate for each

19  individual. Such children may continue to follow the courses

20  outlined in the district school board student progression

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

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

23  shall choose one of the following postsecondary goals:

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

25  community college plus university, or a military academy;

26         b.  Receiving a 2-year postsecondary degree;

27         c.  Attaining a postsecondary career and technical

28  certificate or credential; or

29         d.  Beginning immediate employment, including

30  apprenticeship, after completion of a high school diploma or

31  its equivalent, or enlisting in the military.

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

 2  achieving his or her chosen goal, the department or

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

 4  child and foster parents, identify:

 5         a.  The core courses necessary to qualify for a chosen

 6  goal.

 7         b.  Any elective courses which would provide additional

 8  help in reaching a chosen goal.

 9         c.  The grade point requirement and any additional

10  information necessary to achieve a specific goal.

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

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

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

14  academic advocate or mentor if foster parent involvement is

15  insufficient or unavailable.

16         3.  In order to complement educational goals, the

17  department and community-based providers are encouraged to

18  form partnerships with the business community to support

19  internships, apprenticeships, or other work-related

20  opportunities.

21         4.  The department and community-based providers shall

22  ensure that children in foster care and their foster parents

23  are made aware of the postsecondary goals available and shall

24  assist in identifying the coursework necessary to enable the

25  child to reach the chosen goal.

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

27  formerly in foster care are encouraged to take part in

28  learning opportunities that result from participation in

29  community service activities.

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

31  in foster care shall be provided with the opportunity to

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 1  change from one postsecondary goal to another, and each

 2  postsecondary goal shall allow for changes in each

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

 4  change that will result in additional time required to achieve

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

 6  department or community-based provider.

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

 8  department shall provide the following transition to

 9  independence services to children in foster care who meet

10  prescribed conditions and are determined eligible by the

11  department. The service categories available to children in

12  foster care which facilitate successful transition into

13  adulthood are:

14         (a)  Preindependent living services.--

15         1.  Preindependent living services include, but are not

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

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

18  shall be determined using a preindependent living assessment.

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

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

21  services.

22         3.  The department shall conduct an annual staffing for

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

24  years of age to ensure that the preindependent living training

25  and services to be provided as determined by the

26  preindependent living assessment are being received and to

27  evaluate the progress of the child in developing the needed

28  independent living skills.

29         4.  At the first annual staffing that occurs following

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

31  department or community-based provider shall ensure that the

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

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

 3  shall provide to each child detailed personalized information

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

 5  Program, including requirements for eligibility; on other

 6  grants, scholarships, and waivers that are available and

 7  should be sought by the child with assistance from the

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

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

10  application deadlines; and on grade requirements for such

11  programs.

12         5.  Information related to both the preindependent

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

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

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

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

17         (b)  Life skills services.--

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

19  limited to, independent living skills training, including

20  training to develop financial literacy banking and budgeting

21  skills, interviewing skills, parenting skills, and time

22  management or organizational skills, educational support,

23  employment training, and counseling. Children receiving these

24  services should also be provided with information related to

25  social security insurance benefits and public assistance. The

26  specific services to be provided to a child shall be

27  determined using an independent life skills assessment.

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

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

30  services.

31  

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 1         3.  The department shall conduct a staffing at least

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

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

 4  appropriate independent living training and services as

 5  determined by the independent life skills assessment are being

 6  received and to evaluate the progress of the child in

 7  developing the needed independent living skills.

 8         4.  The department shall provide to each child in

 9  foster care no later than during the calendar month following

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

11  determine the child's skills and abilities to live

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

13  of the independent living assessment, services and training

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

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

16  birthday.

17         5.  The department or community-based care provider

18  shall work with the child in developing a joint transition

19  plan that is consistent with the needs assessment described in

20  subparagraph 4. The transition plan must identify the specific

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

22  independence and must include specific tasks that the child

23  must complete or maintain in order to achieve independence.

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

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

26  birthday.

27         6.5.  Information related to both the independent life

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

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

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

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

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 1         (c)  Subsidized independent living services.--

 2         1.  Subsidized independent living services are living

 3  arrangements that allow the child to live independently of the

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

 5  not required to be licensed under s. 409.175.

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

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

 8  she:

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

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

11  prior to entering subsidized independent living; and has a

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

13  licensed care; and

14         b.  Is able to demonstrate independent living skills,

15  as determined by the department, using established procedures

16  and assessments.

17         3.  Independent living arrangements established for a

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

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

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

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

22  additional identified skills; the behavior that the child has

23  exhibited which indicates an ability to be responsible and a

24  plan for developing additional responsibilities, as

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

26  training skills; present financial and budgeting capabilities

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

28  of the proposed residence; documentation that the child

29  understands the specific consequences of his or her conduct in

30  the independent living program; documentation of proposed

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

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

 2  contact; and a plan for maintaining or developing

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

 4  community, as appropriate.

 5         4.  Subsidy payments in an amount established by the

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

 7  supervision of a caseworker or other responsible adult

 8  approved by the department.

 9         (5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER

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

11  shall provide or arrange for the following services to young

12  adults formerly in foster care who meet the prescribed

13  conditions and are determined eligible by the department. The

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

15  agency is under contract with the department to provide the

16  services described under this subsection, shall develop a plan

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

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

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

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

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

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

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

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

25  ineligible for the plan or who are otherwise ineligible during

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

27  related costs to administer the services and program;

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

29  of services provided to young adults through an approved plan

30  for housing, transportation, and employment; reconciliation of

31  these expenses and any additional related costs with the funds

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

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

 3  fiscal year with a balanced budget.  The categories of

 4  services available to assist a young adult formerly in foster

 5  care to achieve independence are:

 6         (a)  Aftercare support services.--

 7         1.  Aftercare support services are available to assist

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

 9  to continue to develop the skills and abilities necessary for

10  independent living. The aftercare support services available

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

12         a.  Mentoring and tutoring.

13         b.  Mental health services and substance abuse

14  counseling.

15         c.  Life skills classes, including credit management

16  and preventive health activities.

17         d.  Parenting classes.

18         e.  Job and career skills training.

19         f.  Counselor consultations.

20         g.  Temporary financial assistance.

21         h.  Financial literacy skills training.

22  

23  The specific services to be provided under this subparagraph

24  shall be determined by an aftercare services assessment and

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

26  community.

27         2.  Temporary assistance provided to prevent

28  homelessness shall be provided as expeditiously as possible

29  and within the limitations defined by the department.

30         3.2.  A young adult who has reached 18 years of age but

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

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

 2  age is eligible for such services.

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

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

 5  intended to help eligible students who are former foster

 6  children in this state to receive the educational and

 7  vocational training needed to achieve independence. The amount

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

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

10  the amount of earnings that the student would have been

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

12  job.

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

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

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

16  renewal awards, if he or she:

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

18  living in licensed foster care or in subsidized independent

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

20  in licensed foster care or subsidized independent living, was

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

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

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

24  guardianship by the court;

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

26  before reaching his or her 18th birthday;

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

28  1009.40; and

29         d.  Meets one of the following qualifications:

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

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

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 1  earned a special diploma or special certificate of completion

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

 3  full-time enrollment in an eligible postsecondary education

 4  institution as defined in s. 1009.533;

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

 6  school; or

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

 8  education program designed to provide the student with a high

 9  school diploma or its equivalent.

10         3.  A young adult applying for the a

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

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

13  The department shall assist the young adult in the application

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

15  determine the funding needs of the young adult.

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

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

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

19  that young adult has a recognized disability preventing

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

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

22  high school diploma or its equivalent or working toward

23  completion of a postsecondary education program, shall be

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

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

26  living and educational costs and other grants, scholarships,

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

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

29  that other grants and scholarships are not sufficient to meet

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

31  

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

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

 3         5.  The amount of the award may be disregarded for

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

 5  any other federal or federally supported assistance.

 6         6.5.a.  The department must advertise the criteria,

 7  application procedures, and availability of the program to:

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

 9  in foster care.

10         (II)  Case managers.

11         (III)  Guidance and family services counselors.

12         (IV)  Principals or other relevant school

13  administrators.

14         (V)  Guardians ad litem.

15         (VI)  Foster parents. and must ensure that the children

16  and young adults leaving foster care, foster parents, or

17  family services counselors are informed of the availability of

18  the program and the application procedures.

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

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

21  birthday, and the department shall provide assistance with the

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

23  initial application, but who otherwise meets the criteria for

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

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

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

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

28  inform that young adult of the opportunity to apply before

29  turning 21 years of age.

30         b.c.  If funding for the program is available, The

31  department shall issue awards from the scholarship program for

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

 2  to the extent funding is available.

 3         c.d.  An award shall be issued at the time the eligible

 4  student reaches 18 years of age.

 5         d.e.  A young adult who is eligible for the

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

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

 8  reside with the licensed foster family or group care provider

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

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

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

12         e.f.  If the award recipient transfers from one

13  eligible institution to another and continues to meet

14  eligibility requirements, the award must be transferred with

15  the recipient.

16         f.g.  Scholarship Funds awarded to any eligible young

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

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

19  transitional support services or aftercare services its

20  independent living transition services.

21         g.h.  The department shall provide information

22  concerning young adults receiving funding through the

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

24  Education for inclusion in the student financial assistance

25  database, as provided in s. 1009.94.

26         h.i.  Scholarship Funds are intended to help eligible

27  young adults students who are former foster children in this

28  state to receive the educational and vocational training

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

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

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

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

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

 3  or to obtain additional skills in the same educational or

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

 5  diplomas, certificates, or credentials. A young adult

 6  attaining an associate of arts or associate of science degree

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

 8  arts or a bachelor of science degree or an equivalent

 9  undergraduate degree. Road-to-Independence Program Scholarship

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

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

12  degree or an equivalent undergraduate degree.

13         i.j.  The department shall evaluate and renew each

14  award annually during the 90-day period before the young

15  adult's birthday. In order to be eligible for a renewal award

16  for the subsequent year, the young adult must:

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

18  considered full time by the educational institution, unless

19  that young adult has a recognized disability preventing

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

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

22  adult who meets the requirements of s. 1009.41.

23         (II)  Maintain appropriate progress as required by the

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

25  progress is insufficient to renew the award scholarship at any

26  time during the eligibility period, the young adult may

27  restore eligibility by improving his or her progress to the

28  required level.

29         j.k.  Scholarship Funds may be terminated during the

30  interim between an award and the evaluation for a renewal

31  award if the department determines that the award recipient is

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 1  no longer enrolled in an educational institution as defined in

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

 3  department shall notify a recipient student who is terminated

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

 5  appeal.

 6         k.l.  An award recipient who does not qualify for a

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

 8  subsequently apply for reinstatement. An application for

 9  reinstatement must be made before the young adult reaches 21

10  23 years of age, and a student may not apply for reinstatement

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

12  young adult must meet the eligibility criteria and the

13  criteria for award renewal for the scholarship program.

14         (c)  Transitional support services.--

15         1.  In addition to any services provided through

16  aftercare support or the Road-to-Independence Program

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

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

19  include financial, housing, counseling, employment, education,

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

21  adult demonstrates that the services are critical to the young

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

23  a personal support system.

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

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

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

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

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

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

30  living in foster care before that date.

31  

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

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

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

 4  terminated.

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

 6  scholarship, or transitional support funds.--

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

 8  scholarship, or transitional support funds shall be made

 9  directly to the recipient unless the recipient requests in

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

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

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

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

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

15  self-sufficiency.

16         2.  After the completion of aftercare support services

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

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

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

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

21  agency or the department that:

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

23  check or warrant;

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

25  directly on the recipient's behalf to institutions the

26  recipient is attending to maintain eligibility under this

27  section; or

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

29  business or landlord for a legitimate expense, whether

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

31  this sub-subparagraph shall include automobile repair or

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

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

 3  when applying for or executing a rental agreement for the

 4  purposes of securing a home or residence.

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

 6  housing, transportation, or employment services to ensure the

 7  availability and affordability of specific transitional

 8  services thereby allowing an eligible young adult to utilize

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

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

11  must have a plan approved by the department describing the

12  services to be purchased, the rationale for purchasing the

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

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

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

16  the transition of a young adult using these services into

17  independence and a timeframe for achievement of independence.

18  An eligible young adult who prefers a direct payment shall

19  receive such payment. The plan must be reviewed annually and

20  evaluated for cost-efficiency and for effectiveness in

21  assisting young adults in achieving independence, preventing

22  homelessness among young adults, and enabling young adults to

23  earn a living wage in a permanent 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 in order to maintain oversight of the program. The

12  department shall report on the outcome measures and the

13  department's oversight activities in a report to the

14  Legislature. The report must be prepared and submitted to the

15  committees of jurisdiction for issues relating to children and

16  families in the Senate and House of Representatives no later

17  than January 31 of each year. The report must include:

18         (a)  An analysis of performance on outcome measures

19  developed under this section and reported for each

20  community-based care lead agency and compared with the

21  performance of the department on the same measures;

22         (b)  A description of the department's oversight of the

23  program including, by lead agency, any programmatic or fiscal

24  deficiencies found, corrective actions required, and current

25  status of compliance; and

26         (c)  Any rules adopted or proposed under the authority

27  of this section since the last report. For the purposes of the

28  first report, any rules adopted or proposed under the

29  authority of this section must be included.

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

31  Secretary of Children and Family Services shall establish the

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 1  Independent Living Services Advisory Council for the purpose

 2  of reviewing and making recommendations concerning the

 3  implementation and operation of the independent living

 4  transition services. This advisory council shall continue to

 5  function as specified in this subsection until the Legislature

 6  determines that the advisory council can no longer provide a

 7  valuable contribution to the department's efforts to achieve

 8  the goals of the independent living transition services.

 9         (a)  Specifically, the advisory council shall assess

10  the implementation and operation of the system of independent

11  living transition services and advise the department on

12  actions that would improve the ability of the independent

13  living transition services to meet the established goals. The

14  advisory council shall keep the department informed of

15  problems being experienced with the services, barriers to the

16  effective and efficient integration of services and support

17  across systems, and successes that the system of independent

18  living transition services has achieved. The department shall

19  consider, but is not required to implement, the

20  recommendations of the advisory council.

21         (b)  The advisory council shall report to the

22  appropriate substantive committees of the Senate and the House

23  of Representatives on the status of the implementation of the

24  system of independent living transition services; efforts to

25  publicize the availability of aftercare support services, the

26  Road-to-Independence Scholarship Program, and transitional

27  support services; specific barriers to financial aid created

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

29  services; problems identified; recommendations for department

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

31  the recommendations contained in the Independent Living

                                  23

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 1  Services Integration Workgroup Report submitted to the Senate

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

 3  advisory council report shall be submitted by December 31 of

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

 5  accompanied by a report from the department which identifies

 6  the recommendations of the advisory council and either

 7  describes the department's actions to implement these

 8  recommendations or provides the department's rationale for not

 9  implementing the recommendations.

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

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

12  advisory council must include, at a minimum, representatives

13  from the headquarters and district offices of the Department

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

15  agencies, the Agency for Workforce Innovation, the Department

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

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

18  Statewide Guardian Ad Litem Office, foster parents, recipients

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

20  foster children. The secretary shall determine the length of

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

22  council, which may not exceed 4 years.

23         (d)  The Department of Children and Family Services

24  shall provide administrative support to the Independent Living

25  Services Advisory Council to accomplish its assigned tasks.

26  The advisory council shall be afforded access to all

27  appropriate data from the department, each community-based

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

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

30  collected may not include any information that would identify

31  a specific child or young adult.

                                  24

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

 2  clients of this program shall become the personal property of

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

 4  273 relating to state-owned tangible personal property. Such

 5  property continues to be subject to applicable federal laws.

 6         (9)  MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN

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

 8  KidCare program, outside the open enrollment period, each

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

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

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

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

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

14  KidCare program as required in s. 409.814.

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

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

17  eligible for Medicaid is not eligible for enrollment under

18  this subsection.

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

20  procedures to administer this section, including balancing the

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

22  caregivers with as much flexibility as possible to enable the

23  youth to participate in normal life experiences. The

24  department shall not adopt rules relating to reductions in

25  scholarship awards. The department shall engage in appropriate

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

27  scholarship awards after issuance.

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

29  Statutes, is amended to read:

30         39.013  Procedures and jurisdiction; right to

31  counsel.--

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 1         (2)  The circuit court shall have exclusive original

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

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

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

 5  adoption of children whose parental rights have been

 6  terminated under this chapter. Jurisdiction attaches when the

 7  initial shelter petition, dependency petition, or termination

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

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

10  assume jurisdiction over any such proceeding regardless of

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

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

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

14  legal custody of no person when the event or condition

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

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

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

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

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

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

21  continued jurisdiction, the juvenile court may retain

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

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

24  determining whether appropriate aftercare support,

25  Road-to-Independence Program Scholarship, transitional

26  support, mental health, and developmental disability services,

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

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

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

30  If a petition for special immigrant juvenile status and an

31  application for adjustment of status have been filed on behalf

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

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

 3  the court may retain jurisdiction over the dependency case

 4  solely for the purpose of allowing the continued consideration

 5  of the petition and application by federal authorities. Review

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

 7  determining the status of the petition and application. The

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

 9  federal authorities. Retention of jurisdiction in this

10  instance does not affect the services available to a young

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

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

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

14  39.701, Florida Statutes, is amended to read:

15         39.701  Judicial review.--

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

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

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

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

20  disabilities of nonage of the youth have been removed pursuant

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

22  judicial review hearings thereafter. In addition, the court

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

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

25  review held under this subsection, in addition to any

26  information or report provided to the court, the foster

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

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

29  information relevant to the child's best interests,

30  particularly as it relates to independent living transition

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

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

 2  social study report written verification that the child:

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

 4  has been provided all necessary information concerning the

 5  Medicaid program sufficient to prepare the youth to apply for

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

 7  appropriate.

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

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

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

11  s. 322.051.

12         3.  Has been provided information relating to Social

13  Security Insurance benefits if the child is eligible for these

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

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

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

17  about how to access those funds.

18         4.  Has been provided with information and training

19  related to budgeting skills, interviewing skills, and

20  parenting skills.

21         5.  Has been provided with all relevant information

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

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

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

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

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

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

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

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

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

31  the department.

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

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

 3  essential banking skills.

 4         7.  Has been provided with information on public

 5  assistance and how to apply.

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

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

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

 9  he or she will be enrolled in.

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

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

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

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

14         10.  Has been encouraged to attend all judicial review

15  hearings occurring after his or her 17th birthday.

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

17  1009.25, Florida Statutes, is amended to read:

18         1009.25  Fee exemptions.--

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

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

21  that provides postsecondary career programs, community

22  college, or state university:

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

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

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

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

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

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

29  1997. Such exemption includes fees associated with enrollment

30  in career-preparatory instruction and completion of the

31  college-level communication and computation skills testing

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

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

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

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

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

 6  after the date of graduation from high school.

 7         Section 5.  Section 743.045, Florida Statutes, is

 8  created to read:

 9         743.045  Removal of disabilities of minors; executing

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

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

12  contract for the lease of residential property in order that

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

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

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

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

17  legal custody of the Department of Children and Family

18  Services through foster care or subsidized independent living.

19  These youth are authorized to make and execute contracts,

20  releases, and all other instruments necessary for the purpose

21  of entering into a contract for the lease of residential

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

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

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

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

26  execute other necessary instruments that are incidental to

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

28  competent jurisdiction removing the disabilities of nonage of

29  the minor under this section.

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

31  

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

 3                                 

 4  The committee substitute:

 5  Disregards the amount of any Road to Independence Program
    award for purposes of determining the eligibility of a
 6  participant for other federal support;

 7  Repeals the requirement that a young adult must apply for the
    initial award between ages seventeen and one-half and
 8  twenty-one, thus permitting an application during the time a
    young adult is eligible;
 9  
    Requires the Department of Children and Family Services to
10  advertise the Road to Independence Program to Guardians ad
    litem and foster parents as well as to eligible children and
11  young adults, case managers, counselors, and principals;

12  Provides that any young adult in the program may receive a
    direct payment for housing, transportation, or employment
13  services without having to demonstrate the ability to obtain
    those services; and
14  
    Requires the Department of Children and Family Services to
15  report to the Legislature concerning the outcome measures it
    sets for the Road to Independence Program.
16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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