Senate Bill sb2456

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    Florida Senate - 2006                                  SB 2456

    By Senator Wilson





    33-1290-06                                          See HB 225

  1                      A bill to be entitled

  2         An act relating to foster care; amending s.

  3         409.1451, F.S.; revising eligibility

  4         requirements for awarding Road-to-Independence

  5         Scholarships and providing transitional support

  6         services to certain children in foster care and

  7         certain young adults formerly in foster care;

  8         providing an effective date.

  9  

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

11  

12         Section 1.  Paragraph (c) of subsection (4) and

13  paragraphs (b) and (c) of subsection (5) of section 409.1451,

14  Florida Statutes, are amended to read:

15         409.1451  Independent living transition services.--

16         (1)  SYSTEM OF SERVICES.--

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

18  be used to establish a continuum of services for eligible

19  children in foster care and eligible young adults who were

20  formerly in foster care which accomplish the goals for the

21  system of independent living transition services by providing

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

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

24  pursuant to subsection (5).

25         (2)  ELIGIBILITY.--

26         (a)  The department shall serve children who have

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

28  who are in foster care by providing services pursuant to

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

30  eligibility requirements set forth for specific services as

31  provided in this section.

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    Florida Senate - 2006                                  SB 2456
    33-1290-06                                          See HB 225




 1         (b)  The department shall serve young adults who have

 2  reached 18 years of age but are not yet 23 years of age and

 3  who were in foster care when they turned 18 years of age by

 4  providing services pursuant to subsection (5). Young adults to

 5  be served must meet the eligibility requirements set forth for

 6  specific services in this section.

 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         (c)  Subsidized independent living services.--

15         1.  Subsidized independent living services are living

16  arrangements that allow the child to live independently of the

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

18  not required to be licensed under s. 409.175.

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

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

21  she:

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

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

24  prior to entering subsidized independent living; and has a

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

26  licensed care; and

27         b.  Is able to demonstrate independent living skills,

28  as determined by the department, using established procedures

29  and assessments.

30         3.  Independent living arrangements established for a

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

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    Florida Senate - 2006                                  SB 2456
    33-1290-06                                          See HB 225




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

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

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

 4  additional identified skills; the behavior that the child has

 5  exhibited which indicates an ability to be responsible and a

 6  plan for developing additional responsibilities, as

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

 8  training skills; present financial and budgeting capabilities

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

10  of the proposed residence; documentation that the child

11  understands the specific consequences of his or her conduct in

12  the independent living program; documentation of proposed

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

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

15  contact; and a plan for maintaining or developing

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

17  community, as appropriate.

18         4.  Subsidy payments in an amount established by the

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

20  supervision of a caseworker or other responsible adult

21  approved by the department.

22         (5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER

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

24  shall provide or arrange for the following services to young

25  adults formerly in foster care who meet the prescribed

26  conditions and are determined eligible by the department. The

27  categories of services available to assist a young adult

28  formerly in foster care to achieve independence are:

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

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

31  intended to help eligible students who are former foster

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    Florida Senate - 2006                                  SB 2456
    33-1290-06                                          See HB 225




 1  children in this state to receive the educational and

 2  vocational training needed to achieve independence. The amount

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

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

 5  the amount of earnings that the student would have been

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

 7  job.

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

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

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

11  renewal awards, if he or she:

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

13  living in licensed foster care or in subsidized independent

14  living at the time of his or her 18th birthday;

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

16  before reaching his or her 18th birthday;

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

18  1009.40; and

19         d.  Meets one of the following qualifications:

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

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

22  earned a special diploma or special certificate of completion

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

24  full-time enrollment in an eligible postsecondary education

25  institution as defined in s. 1009.533;

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

27  school; or

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

29  education program designed to provide the student with a high

30  school diploma or its equivalent.

31  

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    Florida Senate - 2006                                  SB 2456
    33-1290-06                                          See HB 225




 1         3.  A young adult applying for a Road-to-Independence

 2  Scholarship must apply for any other grants and scholarships

 3  for which he or she may qualify. The department shall assist

 4  the young adult in the application process and may use the

 5  federal financial aid grant process to determine the funding

 6  needs of the young adult.

 7         4.  The amount of the award, whether it is being used

 8  by a young adult working toward completion of a high school

 9  diploma or its equivalent or working toward completion of a

10  postsecondary education program, shall be determined based on

11  an assessment of the funding needs of the young adult. This

12  assessment must consider the young adult's living and

13  educational costs and other grants, scholarships, waivers,

14  earnings, and other income to be received by the young adult.

15  An award shall be available only to the extent that other

16  grants and scholarships are not sufficient to meet the living

17  and educational needs of the young adult, but an award may not

18  be less than $25 in order to maintain Medicaid eligibility for

19  the young adult as provided in s. 409.903.

20         5.a.  The department must advertise the availability of

21  the program and must ensure that the children and young adults

22  leaving foster care, foster parents, or family services

23  counselors are informed of the availability of the program and

24  the application procedures.

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

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

27  birthday, and the department shall provide assistance with the

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

29  initial application, but who otherwise meets the criteria for

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

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

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    Florida Senate - 2006                                  SB 2456
    33-1290-06                                          See HB 225




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

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

 3  inform that young adult of the opportunity to apply before

 4  turning 21 years of age.

 5         c.  If funding for the program is available, the

 6  department shall issue awards from the scholarship program for

 7  each young adult who meets all the requirements of the

 8  program.

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

10  student reaches 18 years of age.

11         e.  A young adult who is eligible for the

12  Road-to-Independence Program and who so desires shall be

13  allowed to reside with the licensed foster family or group

14  care provider with whom he or she was residing at the time of

15  attaining his or her 18th birthday or to reside in another

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

17  the department.

18         f.  If the award recipient transfers from one eligible

19  institution to another and continues to meet eligibility

20  requirements, the award must be transferred with the

21  recipient.

22         g.  Scholarship funds awarded to any eligible young

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

24  provided to the young adult by the department through its

25  independent living transition services.

26         h.  The department shall provide information concerning

27  young adults receiving the Road-to-Independence Scholarship to

28  the Department of Education for inclusion in the student

29  financial assistance database, as provided in s. 1009.94.

30         i.  Scholarship funds are intended to help eligible

31  students who are former foster children in this state to

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    Florida Senate - 2006                                  SB 2456
    33-1290-06                                          See HB 225




 1  receive the educational and vocational training needed to

 2  become independent and self-supporting. The funds shall be

 3  terminated when the young adult has attained one of four

 4  postsecondary goals under subsection (3) or reaches 23 years

 5  of age, whichever occurs earlier. In order to initiate

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

 7  or to obtain additional skills in the same educational or

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

 9  diplomas, certificates, or credentials. A young adult

10  attaining an associate of arts or associate of science degree

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

12  arts or a bachelor of science degree or an equivalent

13  undergraduate degree. Road-to-Independence Scholarship funds

14  may not be used for education or training after a young adult

15  has attained a bachelor of arts or a bachelor of science

16  degree or an equivalent undergraduate degree.

17         j.  The department shall evaluate and renew each award

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

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

20  subsequent year, the young adult must:

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

22  considered full time by the educational institution, in the

23  last academic year in which the young adult earned a

24  scholarship, except for a young adult who meets the

25  requirements of s. 1009.41.

26         (II)  Maintain appropriate progress as required by the

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

28  progress is insufficient to renew the scholarship at any time

29  during the eligibility period, the young adult may restore

30  eligibility by improving his or her progress to the required

31  level.

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    Florida Senate - 2006                                  SB 2456
    33-1290-06                                          See HB 225




 1         k.  Scholarship funds may be terminated during the

 2  interim between an award and the evaluation for a renewal

 3  award if the department determines that the award recipient is

 4  no longer enrolled in an educational institution as defined in

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

 6  department shall notify a student who is terminated and inform

 7  the student of his or her right to appeal.

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

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

10  subsequently apply for reinstatement. An application for

11  reinstatement must be made before the young adult reaches 23

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

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

14  young adult must meet the eligibility criteria and the

15  criteria for award renewal for the scholarship program.

16         (c)  Transitional support services.--

17         1.  In addition to any services provided through

18  aftercare support or the Road-to-Independence Scholarship, a

19  young adult formerly in foster care may receive other

20  appropriate short-term services, which may include financial,

21  housing, counseling, employment, education, mental health,

22  disability, and other services, if the young adult

23  demonstrates that the services are critical to the young

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

25  a personal support system.

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

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

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

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

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

31  

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    Florida Senate - 2006                                  SB 2456
    33-1290-06                                          See HB 225




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

 2  living in foster care before that date.

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

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

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

 6  terminated.

 7         Section 2.  This act shall take effect July 1, 2006.

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