1 | A bill to be entitled |
2 | An act relating to foster care; amending s. 409.1451, |
3 | F.S.; revising eligibility requirements for awarding Road- |
4 | to-Independence Scholarships and providing transitional |
5 | support services to certain children in foster care and |
6 | certain young adults formerly in foster care; providing an |
7 | effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Paragraph (c) of subsection (4) and paragraphs |
12 | (b) and (c) of subsection (5) of section 409.1451, Florida |
13 | Statutes, are amended to read: |
14 | 409.1451 Independent living transition services.-- |
15 | (1) SYSTEM OF SERVICES.-- |
16 | (c) State funds for foster care or federal funds shall be |
17 | used to establish a continuum of services for eligible children |
18 | in foster care and eligible young adults who were formerly in |
19 | foster care which accomplish the goals for the system of |
20 | independent living transition services by providing services for |
21 | foster children, pursuant to subsection (4), and services for |
22 | young adults who were formerly in foster care, pursuant to |
23 | subsection (5). |
24 | (2) ELIGIBILITY.-- |
25 | (a) The department shall serve children who have reached |
26 | 13 years of age but are not yet 18 years of age and who are in |
27 | foster care by providing services pursuant to subsection (4). |
28 | Children to be served must meet the eligibility requirements set |
29 | forth for specific services as provided in this section. |
30 | (b) The department shall serve young adults who have |
31 | reached 18 years of age but are not yet 23 years of age and who |
32 | were in foster care when they turned 18 years of age by |
33 | providing services pursuant to subsection (5). Young adults to |
34 | be served must meet the eligibility requirements set forth for |
35 | specific services in this section. |
36 | (4) SERVICES FOR CHILDREN IN FOSTER CARE.--The department |
37 | shall provide the following transition to independence services |
38 | to children in foster care who meet prescribed conditions and |
39 | are determined eligible by the department. The service |
40 | categories available to children in foster care which facilitate |
41 | successful transition into adulthood are: |
42 | (c) Subsidized independent living services.-- |
43 | 1. Subsidized independent living services are living |
44 | arrangements that allow the child to live independently of the |
45 | daily care and supervision of an adult in a setting that is not |
46 | required to be licensed under s. 409.175. |
47 | 2. A child who has reached 16 years of age but is not yet |
48 | 18 years of age is eligible for such services if he or she: |
49 | a. Is adjudicated dependent under chapter 39; has been |
50 | placed in licensed out-of-home care for at least 6 months prior |
51 | to entering subsidized independent living; and has a permanency |
52 | goal of adoption, independent living, or long-term licensed |
53 | care; and |
54 | b. Is able to demonstrate independent living skills, as |
55 | determined by the department, using established procedures and |
56 | assessments. |
57 | 3. Independent living arrangements established for a child |
58 | must be part of an overall plan leading to the total |
59 | independence of the child from the department's supervision. The |
60 | plan must include, but need not be limited to, a description of |
61 | the skills of the child and a plan for learning additional |
62 | identified skills; the behavior that the child has exhibited |
63 | which indicates an ability to be responsible and a plan for |
64 | developing additional responsibilities, as appropriate; a plan |
65 | for future educational, vocational, and training skills; present |
66 | financial and budgeting capabilities and a plan for improving |
67 | resources and ability; a description of the proposed residence; |
68 | documentation that the child understands the specific |
69 | consequences of his or her conduct in the independent living |
70 | program; documentation of proposed services to be provided by |
71 | the department and other agencies, including the type of service |
72 | and the nature and frequency of contact; and a plan for |
73 | maintaining or developing relationships with the family, other |
74 | adults, friends, and the community, as appropriate. |
75 | 4. Subsidy payments in an amount established by the |
76 | department may be made directly to a child under the direct |
77 | supervision of a caseworker or other responsible adult approved |
78 | by the department. |
79 | (5) SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER |
80 | CARE.--Based on the availability of funds, the department shall |
81 | provide or arrange for the following services to young adults |
82 | formerly in foster care who meet the prescribed conditions and |
83 | are determined eligible by the department. The categories of |
84 | services available to assist a young adult formerly in foster |
85 | care to achieve independence are: |
86 | (b) Road-to-Independence Scholarship Program.-- |
87 | 1. The Road-to-Independence Scholarship Program is |
88 | intended to help eligible students who are former foster |
89 | children in this state to receive the educational and vocational |
90 | training needed to achieve independence. The amount of the award |
91 | shall be based on the living and educational needs of the young |
92 | adult and may be up to, but may not exceed, the amount of |
93 | earnings that the student would have been eligible to earn |
94 | working a 40-hour-a-week federal minimum wage job. |
95 | 2. A young adult who has reached 18 years of age but is |
96 | not yet 21 years of age is eligible for the initial award, and a |
97 | young adult under 23 years of age is eligible for renewal |
98 | awards, if he or she: |
99 | a. Was a dependent child, under chapter 39, and was living |
100 | in licensed foster care or in subsidized independent living at |
101 | the time of his or her 18th birthday; |
102 | b. Spent at least 6 months living in foster care before |
103 | reaching his or her 18th birthday; |
104 | c. Is a resident of this state as defined in s. 1009.40; |
105 | and |
106 | d. Meets one of the following qualifications: |
107 | (I) Has earned a standard high school diploma or its |
108 | equivalent as described in s. 1003.43 or s. 1003.435, or has |
109 | earned a special diploma or special certificate of completion as |
110 | described in s. 1003.438, and has been admitted for full-time |
111 | enrollment in an eligible postsecondary education institution as |
112 | defined in s. 1009.533; |
113 | (II) Is enrolled full time in an accredited high school; |
114 | or |
115 | (III) Is enrolled full time in an accredited adult |
116 | education program designed to provide the student with a high |
117 | school diploma or its equivalent. |
118 | 3. A young adult applying for a Road-to-Independence |
119 | Scholarship must apply for any other grants and scholarships for |
120 | which he or she may qualify. The department shall assist the |
121 | young adult in the application process and may use the federal |
122 | financial aid grant process to determine the funding needs of |
123 | the young adult. |
124 | 4. The amount of the award, whether it is being used by a |
125 | young adult working toward completion of a high school diploma |
126 | or its equivalent or working toward completion of a |
127 | postsecondary education program, shall be determined based on an |
128 | assessment of the funding needs of the young adult. This |
129 | assessment must consider the young adult's living and |
130 | educational costs and other grants, scholarships, waivers, |
131 | earnings, and other income to be received by the young adult. An |
132 | award shall be available only to the extent that other grants |
133 | and scholarships are not sufficient to meet the living and |
134 | educational needs of the young adult, but an award may not be |
135 | less than $25 in order to maintain Medicaid eligibility for the |
136 | young adult as provided in s. 409.903. |
137 | 5.a. The department must advertise the availability of the |
138 | program and must ensure that the children and young adults |
139 | leaving foster care, foster parents, or family services |
140 | counselors are informed of the availability of the program and |
141 | the application procedures. |
142 | b. A young adult must apply for the initial award during |
143 | the 6 months immediately preceding his or her 18th birthday, and |
144 | the department shall provide assistance with the application |
145 | process. A young adult who fails to make an initial application, |
146 | but who otherwise meets the criteria for an initial award, may |
147 | make one application for the initial award if the application is |
148 | made before the young adult's 21st birthday. If the young adult |
149 | does not apply for an initial award before his or her 18th |
150 | birthday, the department shall inform that young adult of the |
151 | opportunity to apply before turning 21 years of age. |
152 | c. If funding for the program is available, the department |
153 | shall issue awards from the scholarship program for each young |
154 | adult who meets all the requirements of the program. |
155 | d. An award shall be issued at the time the eligible |
156 | student reaches 18 years of age. |
157 | e. A young adult who is eligible for the Road-to- |
158 | Independence Program and who so desires shall be allowed to |
159 | reside with the licensed foster family or group care provider |
160 | with whom he or she was residing at the time of attaining his or |
161 | her 18th birthday or to reside in another licensed foster home |
162 | or with a group care provider arranged by the department. |
163 | f. If the award recipient transfers from one eligible |
164 | institution to another and continues to meet eligibility |
165 | requirements, the award must be transferred with the recipient. |
166 | g. Scholarship funds awarded to any eligible young adult |
167 | under this program are in addition to any other services |
168 | provided to the young adult by the department through its |
169 | independent living transition services. |
170 | h. The department shall provide information concerning |
171 | young adults receiving the Road-to-Independence Scholarship to |
172 | the Department of Education for inclusion in the student |
173 | financial assistance database, as provided in s. 1009.94. |
174 | i. Scholarship funds are intended to help eligible |
175 | students who are former foster children in this state to receive |
176 | the educational and vocational training needed to become |
177 | independent and self-supporting. The funds shall be terminated |
178 | when the young adult has attained one of four postsecondary |
179 | goals under subsection (3) or reaches 23 years of age, whichever |
180 | occurs earlier. In order to initiate postsecondary education, to |
181 | allow for a change in career goal, or to obtain additional |
182 | skills in the same educational or vocational area, a young adult |
183 | may earn no more than two diplomas, certificates, or |
184 | credentials. A young adult attaining an associate of arts or |
185 | associate of science degree shall be permitted to work toward |
186 | completion of a bachelor of arts or a bachelor of science degree |
187 | or an equivalent undergraduate degree. Road-to-Independence |
188 | Scholarship funds may not be used for education or training |
189 | after a young adult has attained a bachelor of arts or a |
190 | bachelor of science degree or an equivalent undergraduate |
191 | degree. |
192 | j. The department shall evaluate and renew each award |
193 | annually during the 90-day period before the young adult's |
194 | birthday. In order to be eligible for a renewal award for the |
195 | subsequent year, the young adult must: |
196 | (I) Complete the number of hours, or the equivalent |
197 | considered full time by the educational institution, in the last |
198 | academic year in which the young adult earned a scholarship, |
199 | except for a young adult who meets the requirements of s. |
200 | 1009.41. |
201 | (II) Maintain appropriate progress as required by the |
202 | educational institution, except that, if the young adult's |
203 | progress is insufficient to renew the scholarship at any time |
204 | during the eligibility period, the young adult may restore |
205 | eligibility by improving his or her progress to the required |
206 | level. |
207 | k. Scholarship funds may be terminated during the interim |
208 | between an award and the evaluation for a renewal award if the |
209 | department determines that the award recipient is no longer |
210 | enrolled in an educational institution as defined in sub- |
211 | subparagraph 2.d., or is no longer a state resident. The |
212 | department shall notify a student who is terminated and inform |
213 | the student of his or her right to appeal. |
214 | l. An award recipient who does not qualify for a renewal |
215 | award or who chooses not to renew the award may subsequently |
216 | apply for reinstatement. An application for reinstatement must |
217 | be made before the young adult reaches 23 years of age, and a |
218 | student may not apply for reinstatement more than once. In order |
219 | to be eligible for reinstatement, the young adult must meet the |
220 | eligibility criteria and the criteria for award renewal for the |
221 | scholarship program. |
222 | (c) Transitional support services.-- |
223 | 1. In addition to any services provided through aftercare |
224 | support or the Road-to-Independence Scholarship, a young adult |
225 | formerly in foster care may receive other appropriate short-term |
226 | services, which may include financial, housing, counseling, |
227 | employment, education, mental health, disability, and other |
228 | services, if the young adult demonstrates that the services are |
229 | critical to the young adult's own efforts to achieve self- |
230 | sufficiency and to develop a personal support system. |
231 | 2. A young adult formerly in foster care is eligible to |
232 | apply for transitional support services if he or she has reached |
233 | 18 years of age but is not yet 23 years of age, was a dependent |
234 | child pursuant to chapter 39, was living in licensed foster care |
235 | or in subsidized independent living at the time of his or her |
236 | 18th birthday, and had spent at least 6 months living in foster |
237 | care before that date. |
238 | 3. If at any time the services are no longer critical to |
239 | the young adult's own efforts to achieve self-sufficiency and to |
240 | develop a personal support system, they shall be terminated. |
241 | Section 2. This act shall take effect July 1, 2006. |