HB 225

1
A bill to be entitled
2An act relating to foster care; amending s. 409.1451,
3F.S.; revising eligibility requirements for awarding Road-
4to-Independence Scholarships and providing transitional
5support services to certain children in foster care and
6certain young adults formerly in foster care; providing an
7effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (c) of subsection (4) and paragraphs
12(b) and (c) of subsection (5) of section 409.1451, Florida
13Statutes, 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
17used to establish a continuum of services for eligible children
18in foster care and eligible young adults who were formerly in
19foster care which accomplish the goals for the system of
20independent living transition services by providing services for
21foster children, pursuant to subsection (4), and services for
22young adults who were formerly in foster care, pursuant to
23subsection (5).
24     (2)  ELIGIBILITY.--
25     (a)  The department shall serve children who have reached
2613 years of age but are not yet 18 years of age and who are in
27foster care by providing services pursuant to subsection (4).
28Children to be served must meet the eligibility requirements set
29forth for specific services as provided in this section.
30     (b)  The department shall serve young adults who have
31reached 18 years of age but are not yet 23 years of age and who
32were in foster care when they turned 18 years of age by
33providing services pursuant to subsection (5). Young adults to
34be served must meet the eligibility requirements set forth for
35specific services in this section.
36     (4)  SERVICES FOR CHILDREN IN FOSTER CARE.--The department
37shall provide the following transition to independence services
38to children in foster care who meet prescribed conditions and
39are determined eligible by the department. The service
40categories available to children in foster care which facilitate
41successful transition into adulthood are:
42     (c)  Subsidized independent living services.--
43     1.  Subsidized independent living services are living
44arrangements that allow the child to live independently of the
45daily care and supervision of an adult in a setting that is not
46required to be licensed under s. 409.175.
47     2.  A child who has reached 16 years of age but is not yet
4818 years of age is eligible for such services if he or she:
49     a.  Is adjudicated dependent under chapter 39; has been
50placed in licensed out-of-home care for at least 6 months prior
51to entering subsidized independent living; and has a permanency
52goal of adoption, independent living, or long-term licensed
53care; and
54     b.  Is able to demonstrate independent living skills, as
55determined by the department, using established procedures and
56assessments.
57     3.  Independent living arrangements established for a child
58must be part of an overall plan leading to the total
59independence of the child from the department's supervision. The
60plan must include, but need not be limited to, a description of
61the skills of the child and a plan for learning additional
62identified skills; the behavior that the child has exhibited
63which indicates an ability to be responsible and a plan for
64developing additional responsibilities, as appropriate; a plan
65for future educational, vocational, and training skills; present
66financial and budgeting capabilities and a plan for improving
67resources and ability; a description of the proposed residence;
68documentation that the child understands the specific
69consequences of his or her conduct in the independent living
70program; documentation of proposed services to be provided by
71the department and other agencies, including the type of service
72and the nature and frequency of contact; and a plan for
73maintaining or developing relationships with the family, other
74adults, friends, and the community, as appropriate.
75     4.  Subsidy payments in an amount established by the
76department may be made directly to a child under the direct
77supervision of a caseworker or other responsible adult approved
78by the department.
79     (5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER
80CARE.--Based on the availability of funds, the department shall
81provide or arrange for the following services to young adults
82formerly in foster care who meet the prescribed conditions and
83are determined eligible by the department. The categories of
84services available to assist a young adult formerly in foster
85care to achieve independence are:
86     (b)  Road-to-Independence Scholarship Program.--
87     1.  The Road-to-Independence Scholarship Program is
88intended to help eligible students who are former foster
89children in this state to receive the educational and vocational
90training needed to achieve independence. The amount of the award
91shall be based on the living and educational needs of the young
92adult and may be up to, but may not exceed, the amount of
93earnings that the student would have been eligible to earn
94working a 40-hour-a-week federal minimum wage job.
95     2.  A young adult who has reached 18 years of age but is
96not yet 21 years of age is eligible for the initial award, and a
97young adult under 23 years of age is eligible for renewal
98awards, if he or she:
99     a.  Was a dependent child, under chapter 39, and was living
100in licensed foster care or in subsidized independent living at
101the time of his or her 18th birthday;
102     b.  Spent at least 6 months living in foster care before
103reaching his or her 18th birthday;
104     c.  Is a resident of this state as defined in s. 1009.40;
105and
106     d.  Meets one of the following qualifications:
107     (I)  Has earned a standard high school diploma or its
108equivalent as described in s. 1003.43 or s. 1003.435, or has
109earned a special diploma or special certificate of completion as
110described in s. 1003.438, and has been admitted for full-time
111enrollment in an eligible postsecondary education institution as
112defined in s. 1009.533;
113     (II)  Is enrolled full time in an accredited high school;
114or
115     (III)  Is enrolled full time in an accredited adult
116education program designed to provide the student with a high
117school diploma or its equivalent.
118     3.  A young adult applying for a Road-to-Independence
119Scholarship must apply for any other grants and scholarships for
120which he or she may qualify. The department shall assist the
121young adult in the application process and may use the federal
122financial aid grant process to determine the funding needs of
123the young adult.
124     4.  The amount of the award, whether it is being used by a
125young adult working toward completion of a high school diploma
126or its equivalent or working toward completion of a
127postsecondary education program, shall be determined based on an
128assessment of the funding needs of the young adult. This
129assessment must consider the young adult's living and
130educational costs and other grants, scholarships, waivers,
131earnings, and other income to be received by the young adult. An
132award shall be available only to the extent that other grants
133and scholarships are not sufficient to meet the living and
134educational needs of the young adult, but an award may not be
135less than $25 in order to maintain Medicaid eligibility for the
136young adult as provided in s. 409.903.
137     5.a.  The department must advertise the availability of the
138program and must ensure that the children and young adults
139leaving foster care, foster parents, or family services
140counselors are informed of the availability of the program and
141the application procedures.
142     b.  A young adult must apply for the initial award during
143the 6 months immediately preceding his or her 18th birthday, and
144the department shall provide assistance with the application
145process. A young adult who fails to make an initial application,
146but who otherwise meets the criteria for an initial award, may
147make one application for the initial award if the application is
148made before the young adult's 21st birthday. If the young adult
149does not apply for an initial award before his or her 18th
150birthday, the department shall inform that young adult of the
151opportunity to apply before turning 21 years of age.
152     c.  If funding for the program is available, the department
153shall issue awards from the scholarship program for each young
154adult who meets all the requirements of the program.
155     d.  An award shall be issued at the time the eligible
156student reaches 18 years of age.
157     e.  A young adult who is eligible for the Road-to-
158Independence Program and who so desires shall be allowed to
159reside with the licensed foster family or group care provider
160with whom he or she was residing at the time of attaining his or
161her 18th birthday or to reside in another licensed foster home
162or with a group care provider arranged by the department.
163     f.  If the award recipient transfers from one eligible
164institution to another and continues to meet eligibility
165requirements, the award must be transferred with the recipient.
166     g.  Scholarship funds awarded to any eligible young adult
167under this program are in addition to any other services
168provided to the young adult by the department through its
169independent living transition services.
170     h.  The department shall provide information concerning
171young adults receiving the Road-to-Independence Scholarship to
172the Department of Education for inclusion in the student
173financial assistance database, as provided in s. 1009.94.
174     i.  Scholarship funds are intended to help eligible
175students who are former foster children in this state to receive
176the educational and vocational training needed to become
177independent and self-supporting. The funds shall be terminated
178when the young adult has attained one of four postsecondary
179goals under subsection (3) or reaches 23 years of age, whichever
180occurs earlier. In order to initiate postsecondary education, to
181allow for a change in career goal, or to obtain additional
182skills in the same educational or vocational area, a young adult
183may earn no more than two diplomas, certificates, or
184credentials. A young adult attaining an associate of arts or
185associate of science degree shall be permitted to work toward
186completion of a bachelor of arts or a bachelor of science degree
187or an equivalent undergraduate degree. Road-to-Independence
188Scholarship funds may not be used for education or training
189after a young adult has attained a bachelor of arts or a
190bachelor of science degree or an equivalent undergraduate
191degree.
192     j.  The department shall evaluate and renew each award
193annually during the 90-day period before the young adult's
194birthday. In order to be eligible for a renewal award for the
195subsequent year, the young adult must:
196     (I)  Complete the number of hours, or the equivalent
197considered full time by the educational institution, in the last
198academic year in which the young adult earned a scholarship,
199except for a young adult who meets the requirements of s.
2001009.41.
201     (II)  Maintain appropriate progress as required by the
202educational institution, except that, if the young adult's
203progress is insufficient to renew the scholarship at any time
204during the eligibility period, the young adult may restore
205eligibility by improving his or her progress to the required
206level.
207     k.  Scholarship funds may be terminated during the interim
208between an award and the evaluation for a renewal award if the
209department determines that the award recipient is no longer
210enrolled in an educational institution as defined in sub-
211subparagraph 2.d., or is no longer a state resident. The
212department shall notify a student who is terminated and inform
213the student of his or her right to appeal.
214     l.  An award recipient who does not qualify for a renewal
215award or who chooses not to renew the award may subsequently
216apply for reinstatement. An application for reinstatement must
217be made before the young adult reaches 23 years of age, and a
218student may not apply for reinstatement more than once. In order
219to be eligible for reinstatement, the young adult must meet the
220eligibility criteria and the criteria for award renewal for the
221scholarship program.
222     (c)  Transitional support services.--
223     1.  In addition to any services provided through aftercare
224support or the Road-to-Independence Scholarship, a young adult
225formerly in foster care may receive other appropriate short-term
226services, which may include financial, housing, counseling,
227employment, education, mental health, disability, and other
228services, if the young adult demonstrates that the services are
229critical to the young adult's own efforts to achieve self-
230sufficiency and to develop a personal support system.
231     2.  A young adult formerly in foster care is eligible to
232apply for transitional support services if he or she has reached
23318 years of age but is not yet 23 years of age, was a dependent
234child pursuant to chapter 39, was living in licensed foster care
235or in subsidized independent living at the time of his or her
23618th birthday, and had spent at least 6 months living in foster
237care before that date.
238     3.  If at any time the services are no longer critical to
239the young adult's own efforts to achieve self-sufficiency and to
240develop a personal support system, they shall be terminated.
241     Section 2.  This act shall take effect July 1, 2006.


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