HB 7173

1	A bill to be entitled
2	An act relating to the welfare of children; amending s.
3	39.001, F.S.; providing additional purposes of ch. 39,
4	F.S.; revising legislative intent; creating the Office of
5	Child Abuse Prevention within the Executive Office of the
6	Governor; directing the Governor to appoint a director of
7	the office; providing duties and responsibilities of the
8	director; providing procedures for evaluation of child
9	abuse prevention programs; requiring a report to the
10	Governor, Legislature, secretaries of certain state
11	agencies, and certain committees of the Legislature;
12	providing for information to be included in the report;
13	providing for the development and implementation of a
14	state plan for the coordination of child abuse prevention
15	programs and services; establishing a Child Abuse
16	Prevention Advisory Council; providing for membership,
17	duties, and responsibilities; requiring requests for
18	funding to be based on the state plan; providing for
19	review and revision of the state plan; granting rulemaking
20	authority to the Executive Office of the Governor;
21	requiring the Legislature to evaluate the office by a
22	specified date; amending s. 39.0014, F.S.; providing
23	responsibilities of the office under ch. 39, F.S.;
24	amending s. 39.01, F.S.; providing and revising
25	definitions; amending s. 39.202, F.S.; providing access to
26	records for agencies that provide early intervention and
27	prevention services; amending ss. 39.0015 and 39.302,
28	F.S.; conforming cross-references; amending s. 402.164,
29	F.S.; establishing legislative intent for the statewide
30	and local advocacy councils; amending s. 402.165, F.S.;
31	providing guidelines for selection of the executive
32	director of the Florida Statewide Advocacy Council;
33	establishing a process for investigating reports of abuse;
34	revising council meeting requirements; providing
35	requirements for interagency agreements; requiring
36	interagency agreements to be renewed annually and
37	submitted to the Governor by a specified date; amending s.
38	409.1451, F.S., relating to independent living transition
39	services; revising eligibility requirements for certain
40	young adults; revising duties of the Department of
41	Children and Family Services regarding independent living
42	transition services; including additional parties in the
43	review of a child's academic performance; requiring the
44	department or a community-based care lead agency under
45	contract with the department to develop a plan for
46	delivery of such services; requiring additional aftercare
47	support services; providing additional qualifications to
48	receive an award under the Road-to-Independence Program;
49	providing procedures for the payment of awards; requiring
50	collaboration between certain parties in the development
51	of a plan regarding the provision of transitional
52	services; requiring a community-based care lead agency to
53	develop a plan for purchase and delivery of such services
54	and requiring department approval prior to implementation;
55	permitting the Independent Living Services Advisory
56	Council to have access to certain data held by the
57	department and certain agencies; amending s. 409.175,
58	F.S.; revising the definition of the term "boarding
59	school" to require such schools to meet certain standards
60	within a specified timeframe; amending ss. 39.013, 39.701,
61	and 1009.25, F.S.; conforming references to changes made
62	by the act; providing an appropriation; providing an
63	effective date.
64
65	WHEREAS, in 2002, Florida was among only three other states
66	and the District of Columbia to have the highest national child
67	maltreatment rate, and
68	WHEREAS, during 2002, 142,547 investigations of abuse or
69	neglect, involving 254,856 children, were completed,
70	approximately one-half of which were substantiated or indicated
71	the presence of abuse or neglect, and
72	WHEREAS, a Florida child is abused or neglected every 4
73	minutes and 10,000 Florida children are abused or neglected per
74	month, and
75	WHEREAS, in 2004, according to the Florida Child Abuse
76	Death Review Team, at least 111 Florida children died from abuse
77	or neglect at the hands of their parents or caretakers, an
78	average rate of two dead children each week, and
79	WHEREAS, according to the Centers for Disease Control and
80	Prevention, the cost of failing to prevent child abuse and
81	neglect in 2001 equaled $94 billion a year nationally, and
82	WHEREAS, the direct costs of failing to prevent child abuse
83	and neglect include the costs associated with the utilization of
84	law enforcement services, the health care system, the mental
85	health system, the child welfare system, and the judicial
86	system, while the indirect costs include the provision of
87	special education and mental health and health care, a rise in
88	the incidence of juvenile delinquency, lost productivity to
89	society, and adult criminality, and
90	WHEREAS, although prevention of child maltreatment will
91	save lives and conserve resources, and despite the potential
92	long-term benefit of preventing child abuse and neglect, only a
93	small percentage of all resources specifically earmarked for
94	child maltreatment in the state are actually devoted to the
95	prevention of child maltreatment, and
96	WHEREAS, the 2005-2006 General Appropriations Act provided
97	a total funding of $44 million for child abuse prevention and
98	intervention to the Department of Children and Family Services,
99	which amount represents less than 2 percent of the department's
100	budget, and
101	WHEREAS, Healthy Families Florida is a community-based,
102	voluntary home visiting program that received approximately
103	$28.4 million for the 2005-2006 fiscal year from the Department
104	of Children and Family Services and contracts with 37 community-
105	based organizations to provide services in targeted high-risk
106	areas in 23 counties and to provide services in 30 total
107	counties, and
108	WHEREAS, Healthy Families Florida participants had 20
109	percent less child maltreatment than all families in the Healthy
110	Families Florida target service areas in spite of the fact that,
111	in general, participants are at a significantly higher risk for
112	child maltreatment than the overall population, and
113	WHEREAS, the Department of Children and Family Services,
114	the Department of Education, the Department of Health, the
115	Department of Juvenile Justice, the Department of Law
116	Enforcement, the Agency for Persons with Disabilities, and the
117	Agency for Workforce Innovation all have programs that focus on
118	primary and secondary prevention of child abuse and neglect, but
119	there is no statewide coordination or single state agency
120	responsible for oversight of these programs, and
121	WHEREAS, a statewide coordinated effort would result in
122	better communication among agencies and provide for easier
123	access and more efficiency in the delivery of abuse and neglect
124	services in the communities, NOW, THEREFORE,
125
126	Be It Enacted by the Legislature of the State of Florida:
127
128	Section 1.  Subsections (1) and (6) of section 39.001,
129	Florida Statutes, are amended, subsections (7) and (8) are
130	renumbered as subsections (8) and (9) and amended, present
131	subsection (9) is renumbered as subsection (10), and new
132	subsections (7), (11), and (12) are added to that section, to
133	read:
134	39.001  Purposes and intent; personnel standards and
135	screening.--
136	(1)  PURPOSES OF CHAPTER.--The purposes of this chapter
137	are:
138	(a)  To provide for the care, safety, and protection of
139	children in an environment that fosters healthy social,
140	emotional, intellectual, and physical development; to ensure
141	secure and safe custody; and to promote the health and well-
142	being of all children under the state's care; and to prevent the
143	occurrence of child abuse, neglect, and abandonment.
144	(b)  To recognize that most families desire to be competent
145	caregivers and providers for their children and that children
146	achieve their greatest potential when families are able to
147	support and nurture the growth and development of their
148	children. Therefore, the Legislature finds that policies and
149	procedures that provide for prevention and intervention through
150	the department's child protection system should be based on the
151	following principles:
152	1.  The health and safety of the children served shall be
153	of paramount concern.
154	2.  The prevention and intervention should engage families
155	in constructive, supportive, and nonadversarial relationships.
156	3.  The prevention and intervention should intrude as
157	little as possible into the life of the family, be focused on
158	clearly defined objectives, and take the most parsimonious path
159	to remedy a family's problems.
160	4.  The prevention and intervention should be based upon
161	outcome evaluation results that demonstrate success in
162	protecting children and supporting families.
163	(c)  To provide a child protection system that reflects a
164	partnership between the department, other agencies, and local
165	communities.
166	(d)  To provide a child protection system that is sensitive
167	to the social and cultural diversity of the state.
168	(e)  To provide procedures which allow the department to
169	respond to reports of child abuse, abandonment, or neglect in
170	the most efficient and effective manner that ensures the health
171	and safety of children and the integrity of families.
172	(f)  To preserve and strengthen the child's family ties
173	whenever possible, removing the child from parental custody only
174	when his or her welfare cannot be adequately safeguarded without
175	such removal.
176	(g)  To ensure that the parent or legal custodian from
177	whose custody the child has been taken assists the department to
178	the fullest extent possible in locating relatives suitable to
179	serve as caregivers for the child.
180	(h)  To ensure that permanent placement with the biological
181	or adoptive family is achieved as soon as possible for every
182	child in foster care and that no child remains in foster care
183	longer than 1 year.
184	(i)  To secure for the child, when removal of the child
185	from his or her own family is necessary, custody, care, and
186	discipline as nearly as possible equivalent to that which should
187	have been given by the parents; and to ensure, in all cases in
188	which a child must be removed from parental custody, that the
189	child is placed in an approved relative home, licensed foster
190	home, adoptive home, or independent living program that provides
191	the most stable and potentially permanent living arrangement for
192	the child, as determined by the court. All placements shall be
193	in a safe environment where drugs and alcohol are not abused.
194	(j)  To ensure that, when reunification or adoption is not
195	possible, the child will be prepared for alternative permanency
196	goals or placements, to include, but not be limited to, long-
197	term foster care, independent living, custody to a relative on a
198	permanent basis with or without legal guardianship, or custody
199	to a foster parent or legal custodian on a permanent basis with
200	or without legal guardianship.
201	(k)  To make every possible effort, when two or more
202	children who are in the care or under the supervision of the
203	department are siblings, to place the siblings in the same home;
204	and in the event of permanent placement of the siblings, to
205	place them in the same adoptive home or, if the siblings are
206	separated, to keep them in contact with each other.
207	(l)  To provide judicial and other procedures to assure due
208	process through which children, parents, and guardians and other
209	interested parties are assured fair hearings by a respectful and
210	respected court or other tribunal and the recognition,
211	protection, and enforcement of their constitutional and other
212	legal rights, while ensuring that public safety interests and
213	the authority and dignity of the courts are adequately
214	protected.
215	(m)  To ensure that children under the jurisdiction of the
216	courts are provided equal treatment with respect to goals,
217	objectives, services, and case plans, without regard to the
218	location of their placement. It is the further intent of the
219	Legislature that, when children are removed from their homes,
220	disruption to their education be minimized to the extent
221	possible.
222	(n)  To create and maintain an integrated prevention
223	framework that enables local communities, state agencies, and
224	organizations to collaborate to implement efficient and properly
225	applied evidence-based child abuse prevention practices.
226	(6)  LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
227	ABANDONMENT, AND NEGLECT OF CHILDREN.--The incidence of known
228	child abuse, abandonment, and neglect has increased rapidly over
229	the past 5 years. The impact that abuse, abandonment, or neglect
230	has on the victimized child, siblings, family structure, and
231	inevitably on all citizens of the state has caused the
232	Legislature to determine that the prevention of child abuse,
233	abandonment, and neglect shall be a priority of this state. To
234	further this end, it is the intent of the Legislature that an
235	Office of Child Abuse Prevention be established a comprehensive
236	approach for the prevention of abuse, abandonment, and neglect
237	of children be developed for the state and that this planned,
238	comprehensive approach be used as a basis for funding.
239	(7)  OFFICE OF CHILD ABUSE PREVENTION.--
240	(a)  For purposes of establishing a comprehensive statewide
241	approach for the prevention of child abuse, abandonment, and
242	neglect, the Office of Child Abuse Prevention is created within
243	the Executive Office of the Governor. The Governor shall appoint
244	a director for the office who shall be subject to confirmation
245	by the Senate.
246	(b)  The director shall:
247	1.  Formulate and recommend rules pertaining to
248	implementation of child abuse prevention efforts.
249	2.  Act as the Governor's liaison with state agencies,
250	other state governments, and the public and private sectors on
251	matters that relate to child abuse prevention.
252	3.  Work to secure funding and other support for the
253	state's child abuse prevention efforts, including, but not
254	limited to, establishing cooperative relationships among state
255	and private agencies.
256	4.  Develop a strategic program and funding initiative that
257	links the separate jurisdictional activities of state agencies
258	with respect to child abuse prevention. The office may designate
259	lead and contributing agencies to develop such initiatives.
260	5.  Advise the Governor and the Legislature on child abuse
261	trends in this state, the status of current child abuse
262	prevention programs and services, the funding of those programs
263	and services, and the status of the office with regard to the
264	development and implementation of the state child abuse
265	prevention strategy.
266	6.  Develop child abuse prevention public awareness
267	campaigns to be implemented throughout the state.
268	(c)  The office is authorized and directed to:
269	1.  Oversee the preparation and implementation of the state
270	plan established under subsection (8) and revise and update the
271	state plan as necessary.
272	2.  Conduct, otherwise provide for, or make available
273	continuing professional education and training in the prevention
274	of child abuse and neglect.
275	3.  Work to secure funding in the form of appropriations,
276	gifts, and grants from the state, the Federal Government, and
277	other public and private sources in order to ensure that
278	sufficient funds are available for prevention efforts.
279	4.  Make recommendations pertaining to agreements or
280	contracts for the establishment and development of:
281	a.  Programs and services for the prevention of child abuse
282	and neglect.
283	b.  Training programs for the prevention of child abuse and
284	neglect.
285	c.  Multidisciplinary and discipline-specific training
286	programs for professionals with responsibilities affecting
287	children, young adults, and families.
288	5.  Monitor, evaluate, and review the development and
289	quality of local and statewide services and programs for the
290	prevention of child abuse and neglect and shall publish and
291	distribute an annual report of its findings on or before January
292	1 of each year to the Governor, the Speaker of the House of
293	Representatives, the President of the Senate, the secretary of
294	each state agency affected by the report, and the appropriate
295	substantive committees of the Legislature. The report shall
296	include:
297	a.  A summary of the activities of the office.
298	b.  A summary detailing the demographic and geographic
299	characteristics of families served by the prevention programs.
300	c.  Recommendations, by state agency, for the further
301	development and improvement of services and programs for the
302	prevention of child abuse and neglect.
303	d.  The budget requests and prevention program needs by
304	state agency.
305	(8)(7)  PLAN FOR COMPREHENSIVE APPROACH.--
306	(a)  The office department shall develop a state plan for
307	the prevention of abuse, abandonment, and neglect of children
308	and shall submit the state plan to the Speaker of the House of
309	Representatives, the President of the Senate, and the Governor
310	no later than December 31, 2007 January 1, 1983. The Department
311	of Children and Family Services, the Department of Corrections,
312	the Department of Education, the Department of Health, the
313	Department of Juvenile Justice, the Department of Law
314	Enforcement, the Agency for Persons with Disabilities, and the
315	Agency for Workforce Innovation The Department of Education and
316	the Division of Children's Medical Services Prevention and
317	Intervention of the Department of Health shall participate and
318	fully cooperate in the development of the state plan at both the
319	state and local levels. Furthermore, appropriate local agencies
320	and organizations shall be provided an opportunity to
321	participate in the development of the state plan at the local
322	level. Appropriate local groups and organizations shall include,
323	but not be limited to, community mental health centers; guardian
324	ad litem programs for children under the circuit court; the
325	school boards of the local school districts; the Florida local
326	advocacy councils; community-based care lead agencies; private
327	or public organizations or programs with recognized expertise in
328	working with child abuse prevention programs for children and
329	families; private or public organizations or programs with
330	recognized expertise in working with children who are sexually
331	abused, physically abused, emotionally abused, abandoned, or
332	neglected and with expertise in working with the families of
333	such children; private or public programs or organizations with
334	expertise in maternal and infant health care; multidisciplinary
335	child protection teams; child day care centers; law enforcement
336	agencies;, and the circuit courts, when guardian ad litem
337	programs are not available in the local area. The state plan to
338	be provided to the Legislature and the Governor shall include,
339	as a minimum, the information required of the various groups in
340	paragraph (b).
341	(b)  The development of the comprehensive state plan shall
342	be accomplished in the following manner:
343	1.  The office shall establish a Child Abuse Prevention
344	Advisory Council composed of representatives from each state
345	agency and appropriate local agencies and organizations
346	specified in paragraph (a). The advisory council shall serve as
347	the research arm of the office and The department shall
348	establish an interprogram task force comprised of the Program
349	Director for Family Safety, or a designee, a representative from
350	the Child Care Services Program Office, a representative from
351	the Family Safety Program Office, a representative from the
352	Mental Health Program Office, a representative from the
353	Substance Abuse Program Office, a representative from the
354	Developmental Disabilities Program Office, and a representative
355	from the Division of Children's Medical Services Prevention and
356	Intervention of the Department of Health. Representatives of the
357	Department of Law Enforcement and of the Department of Education
358	shall serve as ex officio members of the interprogram task
359	force. The interprogram task force shall be responsible for:
360	a.  Assisting in developing a plan of action for better
361	coordination and integration of the goals, activities, and
362	funding pertaining to the prevention of child abuse,
363	abandonment, and neglect conducted by the office department in
364	order to maximize staff and resources at the state level. The
365	plan of action shall be included in the state plan.
366	b.  Assisting in providing a basic format to be utilized by
367	the districts in the preparation of local plans of action in
368	order to provide for uniformity in the district plans and to
369	provide for greater ease in compiling information for the state
370	plan.
371	c.  Providing the districts with technical assistance in
372	the development of local plans of action, if requested.
373	d.  Assisting in examining the local plans to determine if
374	all the requirements of the local plans have been met and, if
375	they have not, informing the districts of the deficiencies and
376	requesting the additional information needed.
377	e.  Assisting in preparing the state plan for submission to
378	the Legislature and the Governor. Such preparation shall include
379	the incorporation into the state plan collapsing of information
380	obtained from the local plans, the cooperative plans with the
381	members of the advisory council Department of Education, and the
382	plan of action for coordination and integration of state
383	departmental activities into one comprehensive plan. The state
384	comprehensive plan shall include a section reflecting general
385	conditions and needs, an analysis of variations based on
386	population or geographic areas, identified problems, and
387	recommendations for change. In essence, the state plan shall
388	provide an analysis and summary of each element of the local
389	plans to provide a statewide perspective. The state plan shall
390	also include each separate local plan of action.
391	f.  Conducting a feasibility study on the establishment of
392	a Children's Cabinet.
393	g.f.  Working with the specified state agency in fulfilling
394	the requirements of subparagraphs 2., 3., 4., and 5.
395	2.  The office, the department, the Department of
396	Education, and the Department of Health shall work together in
397	developing ways to inform and instruct parents of school
398	children and appropriate district school personnel in all school
399	districts in the detection of child abuse, abandonment, and
400	neglect and in the proper action that should be taken in a
401	suspected case of child abuse, abandonment, or neglect, and in
402	caring for a child's needs after a report is made. The plan for
403	accomplishing this end shall be included in the state plan.
404	3.  The office, the department, the Department of Law
405	Enforcement, and the Department of Health shall work together in
406	developing ways to inform and instruct appropriate local law
407	enforcement personnel in the detection of child abuse,
408	abandonment, and neglect and in the proper action that should be
409	taken in a suspected case of child abuse, abandonment, or
410	neglect.
411	4.  Within existing appropriations, the office department
412	shall work with other appropriate public and private agencies to
413	emphasize efforts to educate the general public about the
414	problem of and ways to detect child abuse, abandonment, and
415	neglect and in the proper action that should be taken in a
416	suspected case of child abuse, abandonment, or neglect. The plan
417	for accomplishing this end shall be included in the state plan.
418	5.  The office, the department, the Department of
419	Education, and the Department of Health shall work together on
420	the enhancement or adaptation of curriculum materials to assist
421	instructional personnel in providing instruction through a
422	multidisciplinary approach on the identification, intervention,
423	and prevention of child abuse, abandonment, and neglect. The
424	curriculum materials shall be geared toward a sequential program
425	of instruction at the four progressional levels, K-3, 4-6, 7-9,
426	and 10-12. Strategies for encouraging all school districts to
427	utilize the curriculum are to be included in the comprehensive
428	state plan for the prevention of child abuse, abandonment, and
429	neglect.
430	6.  Each district of the department shall develop a plan
431	for its specific geographical area. The plan developed at the
432	district level shall be submitted to the advisory council
433	interprogram task force for utilization in preparing the state
434	plan. The district local plan of action shall be prepared with
435	the involvement and assistance of the local agencies and
436	organizations listed in this paragraph (a), as well as
437	representatives from those departmental district offices
438	participating in the treatment and prevention of child abuse,
439	abandonment, and neglect. In order to accomplish this, the
440	office district administrator in each district shall establish a
441	task force on the prevention of child abuse, abandonment, and
442	neglect. The office district administrator shall appoint the
443	members of the task force in accordance with the membership
444	requirements of this section. The office In addition, the
445	district administrator shall ensure that each subdistrict is
446	represented on the task force; and, if the district does not
447	have subdistricts, the district administrator shall ensure that
448	both urban and rural areas are represented on the task force.
449	The task force shall develop a written statement clearly
450	identifying its operating procedures, purpose, overall
451	responsibilities, and method of meeting responsibilities. The
452	district plan of action to be prepared by the task force shall
453	include, but shall not be limited to:
454	a.  Documentation of the magnitude of the problems of child
455	abuse, including sexual abuse, physical abuse, and emotional
456	abuse, and child abandonment and neglect in its geographical
457	area.
458	b.  A description of programs currently serving abused,
459	abandoned, and neglected children and their families and a
460	description of programs for the prevention of child abuse,
461	abandonment, and neglect, including information on the impact,
462	cost-effectiveness, and sources of funding of such programs.
463	c.  A continuum of programs and services necessary for a
464	comprehensive approach to the prevention of all types of child
465	abuse, abandonment, and neglect as well as a brief description
466	of such programs and services.
467	d.  A description, documentation, and priority ranking of
468	local needs related to child abuse, abandonment, and neglect
469	prevention based upon the continuum of programs and services.
470	e.  A plan for steps to be taken in meeting identified
471	needs, including the coordination and integration of services to
472	avoid unnecessary duplication and cost, and for alternative
473	funding strategies for meeting needs through the reallocation of
474	existing resources, utilization of volunteers, contracting with
475	local universities for services, and local government or private
476	agency funding.
477	f.  A description of barriers to the accomplishment of a
478	comprehensive approach to the prevention of child abuse,
479	abandonment, and neglect.
480	g.  Recommendations for changes that can be accomplished
481	only at the state program level or by legislative action.
482	(9)(8)  FUNDING AND SUBSEQUENT PLANS.--
483	(a)  All budget requests submitted by the office, the
484	department, the Department of Health, the Department of
485	Education, the Department of Juvenile Justice, the Department of
486	Corrections, the Agency for Persons with Disabilities, the
487	Agency for Workforce Innovation, or any other agency to the
488	Legislature for funding of efforts for the prevention of child
489	abuse, abandonment, and neglect shall be based on the state plan
490	developed pursuant to this section.
491	(b)  The office department at the state and district levels
492	and the other agencies and organizations listed in paragraph
493	(8)(a) (7)(a) shall readdress the state plan and make necessary
494	revisions every 5 years, at a minimum. Such revisions shall be
495	submitted to the Speaker of the House of Representatives and the
496	President of the Senate no later than June 30 of each year
497	divisible by 5. At least biennially, the office shall review the
498	state plan and make any necessary revisions based on changing
499	needs and program evaluation results. An annual progress report
500	shall be submitted to update the state plan in the years between
501	the 5-year intervals. In order to avoid duplication of effort,
502	these required plans may be made a part of or merged with other
503	plans required by either the state or Federal Government, so
504	long as the portions of the other state or Federal Government
505	plan that constitute the state plan for the prevention of child
506	abuse, abandonment, and neglect are clearly identified as such
507	and are provided to the Speaker of the House of Representatives
508	and the President of the Senate as required above.
509	(11)  RULEMAKING.--The Executive Office of the Governor
510	shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
511	implement the provisions of this section.
512	(12)  EVALUATION.--By February 1, 2009, the Legislature
513	shall evaluate the office and determine whether it should
514	continue to be housed in the Executive Office of the Governor or
515	transferred to a state agency.
516	Section 2.  Section 39.0014, Florida Statutes, is amended
517	to read:
518	39.0014  Responsibilities of public agencies.--All state,
519	county, and local agencies shall cooperate, assist, and provide
520	information to the Office of Child Abuse Prevention department
521	as will enable it to fulfill its responsibilities under this
522	chapter.
523	Section 3.  Paragraph (b) of subsection (3) of section
524	39.0015, Florida Statutes, is amended to read:
525	39.0015  Child abuse prevention training in the district
526	school system.--
527	(3)  DEFINITIONS.--As used in this section:
528	(b)  "Child abuse" means those acts as defined in ss.
529	39.01(1), (2), (30), (43), (45), (53)(52), and (64)(63), 827.04,
530	and 984.03(1), (2), and (37).
531	Section 4.  Subsections (47) through (72) of section 39.01,
532	Florida Statutes, are renumbered as subsections (48) through
533	(73), present subsections (10) and (47) are amended, and a new
534	subsection (47) is added to that section, to read:
535	39.01  Definitions.--When used in this chapter, unless the
536	context otherwise requires:
537	(10)  "Caregiver" means the parent, legal custodian, adult
538	household member, or other person responsible for a child's
539	welfare as defined in subsection (48) (47).
540	(47)  "Office" means the Office of Child Abuse Prevention
541	within the Executive Office of the Governor.
542	(48)(47)  "Other person responsible for a child's welfare"
543	includes the child's legal guardian, legal custodian, or foster
544	parent; an employee of any a private school, public or private
545	child day care center, residential home, institution, facility,
546	or agency; or any other person legally responsible for the
547	child's welfare in a residential setting; and also includes an
548	adult sitter or relative entrusted with a child's care. For the
549	purpose of departmental investigative jurisdiction, this
550	definition does not include law enforcement officers, or
551	employees of municipal or county detention facilities or the
552	Department of Corrections, while acting in an official capacity.
553	Section 5.  Paragraph (a) of subsection (2) of section
554	39.202, Florida Statutes, is amended to read:
555	39.202  Confidentiality of reports and records in cases of
556	child abuse or neglect.--
557	(2)  Except as provided in subsection (4), access to such
558	records, excluding the name of the reporter which shall be
559	released only as provided in subsection (5), shall be granted
560	only to the following persons, officials, and agencies:
561	(a)  Employees, authorized agents, or contract providers of
562	the department, the Department of Health, or county agencies
563	responsible for carrying out:
564	1.  Child or adult protective investigations;
565	2.  Ongoing child or adult protective services;
566	3.  Early intervention and prevention services;
567	4.3.  Healthy Start services; or
568	5.4.  Licensure or approval of adoptive homes, foster
569	homes, or child care facilities, or family day care homes or
570	informal child care providers who receive subsidized child care
571	funding, or other homes used to provide for the care and welfare
572	of children; or.
573	6.5.  Services for victims of domestic violence when
574	provided by certified domestic violence centers working at the
575	department's request as case consultants or with shared clients.
576
577	Also, employees or agents of the Department of Juvenile Justice
578	responsible for the provision of services to children, pursuant
579	to chapters 984 and 985.
580	Section 6.  Subsection (1) of section 39.302, Florida
581	Statutes, is amended to read:
582	39.302  Protective investigations of institutional child
583	abuse, abandonment, or neglect.--
584	(1)  The department shall conduct a child protective
585	investigation of each report of institutional child abuse,
586	abandonment, or neglect. Upon receipt of a report that alleges
587	that an employee or agent of the department, or any other entity
588	or person covered by s. 39.01(31) or (48)(47), acting in an
589	official capacity, has committed an act of child abuse,
590	abandonment, or neglect, the department shall initiate a child
591	protective investigation within the timeframe established by the
592	central abuse hotline pursuant to s. 39.201(5) and orally notify
593	the appropriate state attorney, law enforcement agency, and
594	licensing agency. These agencies shall immediately conduct a
595	joint investigation, unless independent investigations are more
596	feasible. When conducting investigations onsite or having face-
597	to-face interviews with the child, such investigation visits
598	shall be unannounced unless it is determined by the department
599	or its agent that such unannounced visits would threaten the
600	safety of the child. When a facility is exempt from licensing,
601	the department shall inform the owner or operator of the
602	facility of the report. Each agency conducting a joint
603	investigation shall be entitled to full access to the
604	information gathered by the department in the course of the
605	investigation. A protective investigation must include an onsite
606	visit of the child's place of residence. In all cases, the
607	department shall make a full written report to the state
608	attorney within 3 working days after making the oral report. A
609	criminal investigation shall be coordinated, whenever possible,
610	with the child protective investigation of the department. Any
611	interested person who has information regarding the offenses
612	described in this subsection may forward a statement to the
613	state attorney as to whether prosecution is warranted and
614	appropriate. Within 15 days after the completion of the
615	investigation, the state attorney shall report the findings to
616	the department and shall include in such report a determination
617	of whether or not prosecution is justified and appropriate in
618	view of the circumstances of the specific case.
619	Section 7.  Subsection (1) of section 402.164, Florida
620	Statutes, is amended to read:
621	402.164  Legislative intent; definitions.--
622	(1)(a)  It is the intent of the Legislature to use citizen
623	volunteers as members of the Florida Statewide Advocacy Council
624	and the Florida local advocacy councils, and to have volunteers
625	operate a network of councils that shall, without interference
626	by an executive agency, undertake to discover, monitor,
627	investigate, and determine the presence of conditions or
628	individuals that constitute a threat to the rights, health,
629	safety, or welfare of persons who receive services from state
630	agencies.
631	(b)  It is the further intent of the Legislature that the
632	monitoring and investigation shall safeguard the health, safety,
633	and welfare of consumers of services provided by these state
634	agencies.
635	(c)  It is the further intent of the Legislature that state
636	agencies cooperate with the councils in forming interagency
637	agreements to provide the councils with authorized client
638	records so that the councils may monitor services and
639	investigate claims.
640	Section 8.  Subsections (5) and (7) of section 402.165,
641	Florida Statutes, are amended to read:
642	402.165  Florida Statewide Advocacy Council; confidential
643	records and meetings.--
644	(5)(a)  Members of the statewide council shall receive no
645	compensation, but are entitled to be reimbursed for per diem and
646	travel expenses in accordance with s. 112.061.
647	(b)  The Governor shall select an executive director who
648	shall serve at the pleasure of the Governor and shall perform
649	the duties delegated to him or her by the council. The
650	compensation of the executive director and staff shall be
651	established in accordance with the rules of the Selected Exempt
652	Service. The Governor shall give priority consideration in the
653	selection of an executive director to an individual with
654	professional expertise in research design, statistical analysis,
655	or agency evaluation and analysis.
656	(c)  The council may apply for, receive, and accept grants,
657	gifts, donations, bequests, and other payments including money
658	or property, real or personal, tangible or intangible, and
659	service from any governmental or other public or private entity
660	or person and make arrangements as to the use of same.
661	(d)  The statewide council shall annually prepare a budget
662	request that, after it is approved by the council, shall be
663	submitted to the Governor. The budget shall include a request
664	for funds to carry out the activities of the statewide council
665	and the local councils.
666	(7)  The responsibilities of the statewide council include,
667	but are not limited to:
668	(a)  Serving as an independent third-party mechanism for
669	protecting the constitutional and human rights of clients within
670	programs or facilities operated, funded, or contracted by any
671	state agency that provides client services.
672	(b)  Monitoring, by site visit and through access to
673	records, the delivery and use of services, programs, or
674	facilities operated, funded, or contracted by any state agency
675	that provides client services, for the purpose of preventing
676	abuse or deprivation of the constitutional and human rights of
677	clients. The statewide council may conduct an unannounced site
678	visit or monitoring visit that involves the inspection of
679	records if the visit is conditioned upon a complaint. A
680	complaint may be generated by the council itself, after
681	consulting with the Governor's office, if information from any
682	state agency that provides client services or from other sources
683	indicates a situation at the program or facility that indicates
684	possible abuse or neglect or deprivation of the constitutional
685	and human rights of clients. The statewide council shall
686	establish and follow uniform criteria for the review of
687	information and generation of complaints. The statewide council
688	shall develop a written protocol for all complaints it generates
689	to provide the Governor's office with information including the
690	nature of the abuse or neglect, the agencies involved, the
691	populations or numbers of individuals affected, the types of
692	records necessary to complete the investigation, and a strategy
693	for approaching the problem. Routine program monitoring and
694	reviews that do not require an examination of records may be
695	made unannounced.
696	(c)  Receiving, investigating, and resolving reports of
697	abuse or deprivation of constitutional and human rights referred
698	to the statewide council by a local council. If a matter
699	constitutes a threat to the life, safety, or health of clients
700	or is multiservice-area in scope, the statewide council may
701	exercise its powers without the necessity of a referral from a
702	local council.
703	(d)  Reviewing existing programs or services and new or
704	revised programs of the state agencies that provide client
705	services and making recommendations as to how the rights of
706	clients are affected.
707	(e)  Submitting an annual report to the Legislature, no
708	later than December 30 of each calendar year, concerning
709	activities, recommendations, and complaints reviewed or
710	developed by the council during the year.
711	(f)  Conducting meetings at least one time six times a year
712	at the call of the chair and at other times at the call of the
713	Governor or by written request of eight six members of the
714	council including the executive director.
715	(g)  Developing and adopting uniform procedures to be used
716	to carry out the purpose and responsibilities of the statewide
717	council and the local councils.
718	(h)  Supervising the operations of the local councils and
719	monitoring the performance and activities of all local councils
720	and providing technical assistance to members of local councils.
721	(i)  Providing for the development and presentation of a
722	standardized training program for members of local councils.
723	(j)  Developing and maintaining interagency agreements
724	between the council and the state agencies providing client
725	services. The interagency agreements shall address the
726	coordination of efforts and identify the roles and
727	responsibilities of the statewide and local councils and each
728	agency in fulfillment of their responsibilities, including
729	access to records. The interagency agreements shall explicitly
730	define a process that the statewide and local councils shall use
731	to request records from the agency and shall define a process
732	for appeal when disputes about access to records arise between
733	staff and council members. Interagency agreements shall be
734	renewed annually and shall be completed and reported to the
735	Governor no later than February 1.
736	Section 9.  Section 409.1451, Florida Statutes, is amended
737	to read:
738	409.1451  Independent living transition services.--
739	(1)  SYSTEM OF SERVICES.--
740	(a)  The Department of Children and Family Services, its
741	agents, or community-based providers operating pursuant to s.
742	409.1671 shall administer a system of independent living
743	transition services to enable older children in foster care and
744	young adults who exit foster care at age 18 to make the
745	transition to self-sufficiency as adults.
746	(b)  The goals of independent living transition services
747	are to assist older children in foster care and young adults who
748	were formerly in foster care to obtain life skills and education
749	for independent living and employment, to have a quality of life
750	appropriate for their age, and to assume personal responsibility
751	for becoming self-sufficient adults.
752	(c)  State funds for foster care or federal funds shall be
753	used to establish a continuum of services for eligible children
754	in foster care and eligible young adults who were formerly in
755	foster care which accomplish the goals for the system of
756	independent living transition services by providing services for
757	foster children, pursuant to subsection (4), and services for
758	young adults who were formerly in foster care, pursuant to
759	subsection (5).
760	(d)  For children in foster care, independent living
761	transition services are not an alternative to adoption.
762	Independent living transition services may occur concurrently
763	with continued efforts to locate and achieve placement in
764	adoptive families for older children in foster care.
765	(2)  ELIGIBILITY.--
766	(a)  The department shall serve children who have reached
767	13 years of age but are not yet 18 years of age and who are in
768	foster care by providing services pursuant to subsection (4).
769	Children to be served must meet the eligibility requirements set
770	forth for specific services as provided in this section.
771	(b)  The department shall serve young adults who have
772	reached 18 years of age or were placed with a court-approved
773	nonrelative or guardian after reaching 16 years of age and have
774	spent a minimum of 6 months in foster care but are not yet 23
775	years of age and who were in foster care when they turned 18
776	years of age by providing services pursuant to subsection (5).
777	Young adults are not entitled to be served but must meet the
778	eligibility requirements set forth for specific services in this
779	section.
780	(3)  PREPARATION FOR INDEPENDENT LIVING.--
781	(a)  It is the intent of the Legislature for the Department
782	of Children and Family Services to assist older children in
783	foster care and young adults who exit foster care at age 18 in
784	making the transition to independent living and self-sufficiency
785	as adults. The department shall provide such children and young
786	adults with opportunities to participate in life skills
787	activities in their foster families and communities which are
788	reasonable and appropriate for their respective ages or for any
789	special needs they may have, and shall provide them with
790	services to build life the skills and increase their ability to
791	live independently and become self-sufficient. To support the
792	provision of opportunities for participation in age-appropriate
793	life skills activities, the department shall:
794	1.  Develop a list of age-appropriate activities and
795	responsibilities to be offered to all children involved in
796	independent living transition services and their foster parents.
797	2.  Provide training for staff and foster parents to
798	address the issues of older children in foster care in
799	transitioning to adulthood, which shall include information on
800	high school completion, grant applications, vocational school
801	opportunities, supporting education and employment
802	opportunities, and providing opportunities to participate in
803	appropriate daily activities.
804	3.  Develop procedures to maximize the authority of foster
805	parents or caregivers to approve participation in age-
806	appropriate activities of children in their care. The age-
807	appropriate activities and the authority of the foster parent or
808	caregiver shall be developed into a written plan that the foster
809	parent or caregiver, the child, and the case manager all develop
810	together, sign, and follow. This plan must include specific
811	goals and objectives and be reviewed and updated no less than
812	quarterly.
813	4.  Provide opportunities for older children in foster care
814	to interact with mentors.
815	5.  Develop and implement procedures for older children to
816	directly access and manage the personal allowance they receive
817	from the department in order to learn responsibility and
818	participate in age-appropriate life skills activities to the
819	extent feasible.
820	6.  Make a good faith effort to fully explain, prior to
821	execution of any signature, if required, any document, report,
822	form, or other record, whether written or electronic, presented
823	to a child or young adult pursuant to this chapter and allow for
824	the recipient to ask any appropriate questions necessary to
825	fully understand the document. It shall be the responsibility of
826	the person presenting the document to the child or young adult
827	to comply with this subparagraph.
828	(b)  It is further the intent of the Legislature that each
829	child in foster care, his or her foster parents, if applicable,
830	and the department or community-based provider set early
831	achievement and career goals for the child's postsecondary
832	educational and work experience. The department and community-
833	based providers shall implement the model set forth in this
834	paragraph to help ensure that children in foster care are ready
835	for postsecondary education and the workplace.
836	1.  For children in foster care who have reached 13 years
837	of age, entering the 9th grade, their foster parents, and the
838	department or community-based provider shall ensure that the
839	child's case plan includes an educational and career path be
840	active participants in choosing a post-high school goal based
841	upon both the abilities and interests of each child. The child,
842	the foster parents, and a teacher or other school staff member
843	shall be included to the fullest extent possible in developing
844	the path. The path shall be reviewed at each judicial hearing as
845	part of the case plan and goal shall accommodate the needs of
846	children served in exceptional education programs to the extent
847	appropriate for each individual. Such children may continue to
848	follow the courses outlined in the district school board student
849	progression plan. Children in foster care, with the assistance
850	of their foster parents, and the department or community-based
851	provider shall choose one of the following postsecondary goals:
852	a.  Attending a 4-year college or university, a community
853	college plus university, or a military academy;
854	b.  Receiving a 2-year postsecondary degree;
855	c.  Attaining a postsecondary career and technical
856	certificate or credential; or
857	d.  Beginning immediate employment, including
858	apprenticeship, after completion of a high school diploma or its
859	equivalent, or enlisting in the military.
860	2.  In order to assist the child in foster care in
861	achieving his or her chosen goal, the department or community-
862	based provider shall, with the participation of the child and
863	foster parents, identify:
864	a.  The core courses necessary to qualify for a chosen
865	goal.
866	b.  Any elective courses which would provide additional
867	help in reaching a chosen goal.
868	c.  The grade point requirement and any additional
869	information necessary to achieve a specific goal.
870	d.  A teacher, other school staff member, employee of the
871	department or community-based care provider, or community
872	volunteer who would be willing to work with the child as an
873	academic advocate or mentor if foster parent involvement is
874	insufficient or unavailable.
875	3.  In order to complement educational goals, the
876	department and community-based providers are encouraged to form
877	partnerships with the business community to support internships,
878	apprenticeships, or other work-related opportunities.
879	4.  The department and community-based providers shall
880	ensure that children in foster care and their foster parents are
881	made aware of the postsecondary goals available and shall assist
882	in identifying the coursework necessary to enable the child to
883	reach the chosen goal.
884	(c)  All children in foster care and young adults formerly
885	in foster care are encouraged to take part in learning
886	opportunities that result from participation in community
887	service activities.
888	(d)  Children in foster care and young adults formerly in
889	foster care shall be provided with the opportunity to change
890	from one postsecondary goal to another, and each postsecondary
891	goal shall allow for changes in each individual's needs and
892	preferences. Any change, particularly a change that will result
893	in additional time required to achieve a goal, shall be made
894	with the guidance and assistance of the department or community-
895	based provider.
896	(4)  SERVICES FOR CHILDREN IN FOSTER CARE.--The department
897	shall provide the following transition to independence services
898	to children in foster care who meet prescribed conditions and
899	are determined eligible by the department. The service
900	categories available to children in foster care which facilitate
901	successful transition into adulthood are:
902	(a)  Preindependent living services.--
903	1.  Preindependent living services include, but are not
904	limited to, life skills training, educational field trips, and
905	conferences. The specific services to be provided to a child
906	shall be determined using a preindependent living assessment.
907	2.  A child who has reached 13 years of age but is not yet
908	15 years of age who is in foster care is eligible for such
909	services.
910	3.  The department shall conduct an annual staffing for
911	each child who has reached 13 years of age but is not yet 15
912	years of age to ensure that the preindependent living training
913	and services to be provided as determined by the preindependent
914	living assessment are being received and to evaluate the
915	progress of the child in developing the needed independent
916	living skills.
917	4.  At the first annual staffing that occurs following a
918	child's 14th birthday, and at each subsequent staffing, the
919	department or community-based provider shall ensure that the
920	child's case plan includes an educational and career path based
921	upon both the abilities and interests of each child and shall
922	provide to each child detailed personalized information on
923	services provided by the Road-to-Independence Scholarship
924	Program, including requirements for eligibility; on other
925	grants, scholarships, and waivers that are available and should
926	be sought by the child with assistance from the department,
927	including, but not limited to, the Bright Futures Scholarship
928	Program, as provided in ss. 1009.53-1009.538; on application
929	deadlines; and on grade requirements for such programs.
930	5.  Information related to both the preindependent living
931	assessment and all staffings, which shall be reduced to writing
932	and signed by the child participant, shall be included as a part
933	of the written report required to be provided to the court at
934	each judicial review held pursuant to s. 39.701.
935	(b)  Life skills services.--
936	1.  Life skills services may include, but are not limited
937	to, independent living skills training, including training to
938	develop banking and budgeting skills, interviewing skills,
939	parenting skills, and time management or organizational skills,
940	educational support, employment training, and counseling.
941	Children receiving these services should also be provided with
942	information related to social security insurance benefits and
943	public assistance. The specific services to be provided to a
944	child shall be determined using an independent life skills
945	assessment.
946	2.  A child who has reached 15 years of age but is not yet
947	18 years of age who is in foster care is eligible for such
948	services.
949	3.  The department shall conduct a staffing at least once
950	every 6 months for each child who has reached 15 years of age
951	but is not yet 18 years of age to ensure that the appropriate
952	independent living training and services as determined by the
953	independent life skills assessment are being received and to
954	evaluate the progress of the child in developing the needed
955	independent living skills.
956	4.  The department shall provide to each child in foster
957	care during the calendar month following the child's 17th
958	birthday an independent living assessment to determine the
959	child's skills and abilities to live independently and become
960	self-sufficient. Based on the results of the independent living
961	assessment, services and training shall be provided in order for
962	the child to develop the necessary skills and abilities prior to
963	the child's 18th birthday.
964	5.  Information related to both the independent life skills
965	assessment and all staffings, which shall be reduced to writing
966	and signed by the child participant, shall be included as a part
967	of the written report required to be provided to the court at
968	each judicial review held pursuant to s. 39.701.
969	(c)  Subsidized independent living services.--
970	1.  Subsidized independent living services are living
971	arrangements that allow the child to live independently of the
972	daily care and supervision of an adult in a setting that is not
973	required to be licensed under s. 409.175.
974	2.  A child who has reached 16 years of age but is not yet
975	18 years of age is eligible for such services if he or she:
976	a.  Is adjudicated dependent under chapter 39; has been
977	placed in licensed out-of-home care for at least 6 months prior
978	to entering subsidized independent living; and has a permanency
979	goal of adoption, independent living, or long-term licensed
980	care; and
981	b.  Is able to demonstrate independent living skills, as
982	determined by the department, using established procedures and
983	assessments.
984	3.  Independent living arrangements established for a child
985	must be part of an overall plan leading to the total
986	independence of the child from the department's supervision. The
987	plan must include, but need not be limited to, a description of
988	the skills of the child and a plan for learning additional
989	identified skills; the behavior that the child has exhibited
990	which indicates an ability to be responsible and a plan for
991	developing additional responsibilities, as appropriate; a plan
992	for future educational, vocational, and training skills; present
993	financial and budgeting capabilities and a plan for improving
994	resources and ability; a description of the proposed residence;
995	documentation that the child understands the specific
996	consequences of his or her conduct in the independent living
997	program; documentation of proposed services to be provided by
998	the department and other agencies, including the type of service
999	and the nature and frequency of contact; and a plan for
1000	maintaining or developing relationships with the family, other
1001	adults, friends, and the community, as appropriate.
1002	4.  Subsidy payments in an amount established by the
1003	department may be made directly to a child under the direct
1004	supervision of a caseworker or other responsible adult approved
1005	by the department.
1006	(5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER
1007	CARE.--Based on the availability of funds, the department shall
1008	provide or arrange for the following services to young adults
1009	formerly in foster care who meet the prescribed conditions and
1010	are determined eligible by the department. The department, or a
1011	community-based care lead agency when the agency is under
1012	contract with the department to provide the services described
1013	under this subsection, shall develop a plan to implement those
1014	services. A plan shall be developed for each community-based
1015	care service area in the state. Each plan that is developed by a
1016	community-based care lead agency shall be submitted to the
1017	department. Each plan shall include the number of young adults
1018	to be served each month of the fiscal year and specify the
1019	number of young adults who will reach 18 years of age who will
1020	be eligible for the plan and the number of young adults who will
1021	reach 23 years of age and will be ineligible for the plan or who
1022	are otherwise ineligible during each month of the fiscal year;
1023	staffing requirements and all related costs to administer the
1024	services and program; expenditures to or on behalf of the
1025	eligible recipients; costs of services provided to young adults
1026	through an approved plan for housing, transportation, and
1027	employment; reconciliation of these expenses and any additional
1028	related costs with the funds allocated for these services; and
1029	an explanation of and a plan to resolve any shortages or
1030	surpluses in order to end the fiscal year with a balanced
1031	budget. The categories of services available to assist a young
1032	adult formerly in foster care to achieve independence are:
1033	(a)  Aftercare support services.--
1034	1.  Aftercare support services are available to assist
1035	young adults who were formerly in foster care in their efforts
1036	to continue to develop the skills and abilities necessary for
1037	independent living. The aftercare support services available
1038	include, but are not limited to, the following:
1039	a.  Mentoring and tutoring.
1040	b.  Mental health services and substance abuse counseling.
1041	c.  Life skills classes, including credit management and
1042	preventive health activities.
1043	d.  Parenting classes.
1044	e.  Job and career skills training.
1045	f.  Counselor consultations.
1046	g.  Temporary financial assistance.
1047	h.  Financial literacy skills training.
1048
1049	The specific services to be provided under this subparagraph
1050	shall be determined by an aftercare services assessment and may
1051	be provided by the department or through referrals in the
1052	community.
1053	2.  Temporary assistance provided to prevent homelessness
1054	shall be provided as expeditiously as possible and within the
1055	limitations defined by the department.
1056	3.2.  A young adult who has reached 18 years of age but is
1057	not yet 23 years of age who leaves foster care at 18 years of
1058	age but who requests services prior to reaching 23 years of age
1059	is eligible for such services.
1060	(b)  Road-to-Independence Scholarship Program.--
1061	1.  The Road-to-Independence Scholarship Program is
1062	intended to help eligible students who are former foster
1063	children in this state to receive the educational and vocational
1064	training needed to achieve independence. The amount of the award
1065	shall be based on the living and educational needs of the young
1066	adult and may be up to, but may not exceed, the amount of
1067	earnings that the student would have been eligible to earn
1068	working a 40-hour-a-week federal minimum wage job.
1069	2.  A young adult who has reached 18 years of age but is
1070	not yet 21 years of age is eligible for the initial award, and a
1071	young adult under 23 years of age is eligible for renewal
1072	awards, if he or she:
1073	a.  Was a dependent child, under chapter 39, and was living
1074	in licensed foster care or in subsidized independent living at
1075	the time of his or her 18th birthday or is currently in licensed
1076	foster care or subsidized independent living, was adopted from
1077	foster care after reaching 16 years of age, or, after spending
1078	at least 6 months in the custody of the department after
1079	reaching 16 years of age, was placed in a guardianship by the
1080	court;
1081	b.  Spent at least 6 months living in foster care before
1082	reaching his or her 18th birthday;
1083	c.  Is a resident of this state as defined in s. 1009.40;
1084	and
1085	d.  Meets one of the following qualifications:
1086	(I)  Has earned a standard high school diploma or its
1087	equivalent as described in s. 1003.43 or s. 1003.435, or has
1088	earned a special diploma or special certificate of completion as
1089	described in s. 1003.438, and has been admitted for full-time
1090	enrollment in an eligible postsecondary education institution as
1091	defined in s. 1009.533;
1092	(II)  Is enrolled full time in an accredited high school;
1093	or
1094	(III)  Is enrolled full time in an accredited adult
1095	education program designed to provide the student with a high
1096	school diploma or its equivalent.
1097	3.  A young adult applying for the a Road-to-Independence
1098	Program Scholarship must apply for any other grants and
1099	scholarships for which he or she may qualify. The department
1100	shall assist the young adult in the application process and may
1101	use the federal financial aid grant process to determine the
1102	funding needs of the young adult.
1103	4.  An award shall be available to a young adult who is
1104	considered a full-time student or its equivalent by the
1105	educational institution in which he or she is enrolled, unless
1106	that young adult has a recognized disability preventing full-
1107	time attendance. The amount of the award, whether it is being
1108	used by a young adult working toward completion of a high school
1109	diploma or its equivalent or working toward completion of a
1110	postsecondary education program, shall be determined based on an
1111	assessment of the funding needs of the young adult. This
1112	assessment must consider the young adult's living and
1113	educational costs and other grants, scholarships, waivers,
1114	earnings, and other income to be received by the young adult. An
1115	award shall be available only to the extent that other grants
1116	and scholarships are not sufficient to meet the living and
1117	educational needs of the young adult, but an award may not be
1118	less than $25 in order to maintain Medicaid eligibility for the
1119	young adult as provided in s. 409.903.
1120	5.a.  The department must advertise the criteria,
1121	application procedures, and availability of the program to:
1122	(I)  Children and young adults in, leaving, or formerly in
1123	foster care.
1124	(II)  Case managers.
1125	(III)  Guidance and family services counselors.
1126	(IV)  Principals or other relevant school administrators
1127	and must ensure that the children and young adults leaving
1128	foster care, foster parents, or family services counselors are
1129	informed of the availability of the program and the application
1130	procedures.
1131	b.  A young adult must apply for the initial award during
1132	the 6 months immediately preceding his or her 18th birthday, and
1133	the department shall provide assistance with the application
1134	process. A young adult who fails to make an initial application,
1135	but who otherwise meets the criteria for an initial award, may
1136	make one application for the initial award if the application is
1137	made before the young adult's 21st birthday. If the young adult
1138	does not apply for an initial award before his or her 18th
1139	birthday, the department shall inform that young adult of the
1140	opportunity to apply before turning 21 years of age.
1141	c.  If funding for the program is available, The department
1142	shall issue awards from the scholarship program for each young
1143	adult who meets all the requirements of the program to the
1144	extent funding is available.
1145	d.  An award shall be issued at the time the eligible
1146	student reaches 18 years of age.
1147	e.  A young adult who is eligible for the Road-to-
1148	Independence Program, transitional support services, or
1149	aftercare services and who so desires shall be allowed to reside
1150	with the licensed foster family or group care provider with whom
1151	he or she was residing at the time of attaining his or her 18th
1152	birthday or to reside in another licensed foster home or with a
1153	group care provider arranged by the department.
1154	f.  If the award recipient transfers from one eligible
1155	institution to another and continues to meet eligibility
1156	requirements, the award must be transferred with the recipient.
1157	g.  Scholarship Funds awarded to any eligible young adult
1158	under this program are in addition to any other services or
1159	funds provided to the young adult by the department through
1160	transitional support services or aftercare services its
1161	independent living transition services.
1162	h.  The department shall provide information concerning
1163	young adults receiving funding through the Road-to-Independence
1164	Program Scholarship to the Department of Education for inclusion
1165	in the student financial assistance database, as provided in s.
1166	1009.94.
1167	i.  Scholarship Funds are intended to help eligible young
1168	adults students who are former foster children in this state to
1169	receive the educational and vocational training needed to become
1170	independent and self-supporting. The funds shall be terminated
1171	when the young adult has attained one of four postsecondary
1172	goals under subsection (3) or reaches 23 years of age, whichever
1173	occurs earlier. In order to initiate postsecondary education, to
1174	allow for a change in career goal, or to obtain additional
1175	skills in the same educational or vocational area, a young adult
1176	may earn no more than two diplomas, certificates, or
1177	credentials. A young adult attaining an associate of arts or
1178	associate of science degree shall be permitted to work toward
1179	completion of a bachelor of arts or a bachelor of science degree
1180	or an equivalent undergraduate degree. Road-to-Independence
1181	Program Scholarship funds may not be used for education or
1182	training after a young adult has attained a bachelor of arts or
1183	a bachelor of science degree or an equivalent undergraduate
1184	degree.
1185	j.  The department shall evaluate and renew each award
1186	annually during the 90-day period before the young adult's
1187	birthday. In order to be eligible for a renewal award for the
1188	subsequent year, the young adult must:
1189	(I)  Complete the number of hours, or the equivalent
1190	considered full time by the educational institution, unless that
1191	young adult has a recognized disability preventing full-time
1192	attendance, in the last academic year in which the young adult
1193	earned an award a scholarship, except for a young adult who
1194	meets the requirements of s. 1009.41.
1195	(II)  Maintain appropriate progress as required by the
1196	educational institution, except that, if the young adult's
1197	progress is insufficient to renew the award scholarship at any
1198	time during the eligibility period, the young adult may restore
1199	eligibility by improving his or her progress to the required
1200	level.
1201	k.  Scholarship Funds may be terminated during the interim
1202	between an award and the evaluation for a renewal award if the
1203	department determines that the award recipient is no longer
1204	enrolled in an educational institution as defined in sub-
1205	subparagraph 2.d., or is no longer a state resident. The
1206	department shall notify a recipient student who is terminated
1207	and inform the recipient student of his or her right to appeal.
1208	l.  An award recipient who does not qualify for a renewal
1209	award or who chooses not to renew the award may subsequently
1210	apply for reinstatement. An application for reinstatement must
1211	be made before the young adult reaches 21 23 years of age, and a
1212	student may not apply for reinstatement more than once. In order
1213	to be eligible for reinstatement, the young adult must meet the
1214	eligibility criteria and the criteria for award renewal for the
1215	scholarship program.
1216	(c)  Transitional support services.--
1217	1.  In addition to any services provided through aftercare
1218	support or the Road-to-Independence Program Scholarship, a young
1219	adult formerly in foster care may receive other appropriate
1220	short-term funding and services, which may include financial,
1221	housing, counseling, employment, education, mental health,
1222	disability, and other services, if the young adult demonstrates
1223	that the services are critical to the young adult's own efforts
1224	to achieve self-sufficiency and to develop a personal support
1225	system. The department or community-based care provider shall
1226	work with the young adult in developing a joint transition plan
1227	that is consistent with a needs assessment identifying the
1228	specific need for transitional services to support the young
1229	adult's own efforts. The young adult must have specific tasks to
1230	complete or maintain included in the plan and be accountable for
1231	the completion of or making progress towards the completion of
1232	these tasks. If the young adult and the department or community-
1233	based care provider cannot come to agreement regarding any part
1234	of the plan, the young adult may access a grievance process to
1235	its full extent in an effort to resolve the disagreement.
1236	2.  A young adult formerly in foster care is eligible to
1237	apply for transitional support services if he or she has reached
1238	18 years of age but is not yet 23 years of age, was a dependent
1239	child pursuant to chapter 39, was living in licensed foster care
1240	or in subsidized independent living at the time of his or her
1241	18th birthday, and had spent at least 6 months living in foster
1242	care before that date.
1243	3.  If at any time the services are no longer critical to
1244	the young adult's own efforts to achieve self-sufficiency and to
1245	develop a personal support system, they shall be terminated.
1246	(d)  Payment of aftercare, Road-to-Independence Program
1247	scholarship, or transitional support funds.--
1248	1.  Payment of aftercare, Road-to-Independence Program
1249	scholarship, or transitional support funds shall be made
1250	directly to the recipient unless the recipient requests in
1251	writing to the community-based care lead agency, or the
1252	department, that the payments or a portion of the payments be
1253	made directly on the recipient's behalf in order to secure
1254	services such as housing, counseling, education, or employment
1255	training as part of the young adult's own efforts to achieve
1256	self-sufficiency.
1257	2.  After the completion of aftercare support services that
1258	satisfy the requirements of sub-subparagraph (a)1.h., payment of
1259	awards under the Road-to-Independence Program shall be made by
1260	direct deposit to the recipient, unless the recipient requests
1261	in writing to the community-based care lead agency or the
1262	department that:
1263	a.  The payments be made directly to the recipient by check
1264	or warrant;
1265	b.  The payments or a portion of the payments be made
1266	directly on the recipient's behalf to institutions the recipient
1267	is attending to maintain eligibility under this section; or
1268	c.  The payments be made on a two-party check to a business
1269	or landlord for a legitimate expense, whether reimbursed or not.
1270	A legitimate expense for the purposes of this sub-subparagraph
1271	shall include automobile repair or maintenance expenses;
1272	educational, job, or training expenses; and costs incurred,
1273	except legal costs, fines, or penalties, when applying for or
1274	executing a rental agreement for the purposes of securing a home
1275	or residence.
1276	3.  The community-based care lead agency may purchase
1277	housing, transportation, or employment services to ensure the
1278	availability and affordability of specific transitional services
1279	thereby allowing an eligible young adult to utilize these
1280	services in lieu of receiving a direct payment. Prior to
1281	purchasing such services, the community-based care lead agency
1282	must have a plan approved by the department describing the
1283	services to be purchased, the rationale for purchasing the
1284	services, and a specific range of expenses for each service that
1285	is less than the cost of purchasing the service by an individual
1286	young adult. The plan must include a description of the
1287	transition of a young adult using these services into
1288	independence and a timeframe for achievement of independence. An
1289	eligible young adult who can demonstrate an ability to obtain
1290	these services independently and prefers a direct payment shall
1291	receive such payment. The plan must be reviewed annually and
1292	evaluated for cost-efficiency and for effectiveness in assisting
1293	young adults in achieving independence, preventing homelessness
1294	among young adults, and enabling young adults to earn a livable
1295	wage in a permanent employment situation.
1296	4.  The young adult who resides with a foster family may
1297	not be included as a child in calculating any licensing
1298	restriction on the number of children in the foster home.
1299	(e)  Appeals process.--
1300	1.  The Department of Children and Family Services shall
1301	adopt by rule a procedure by which a young adult may appeal an
1302	eligibility determination or the department's failure to provide
1303	aftercare, Road-to-Independence Program scholarship, or
1304	transitional support services, or the termination of such
1305	services, if such funds are available.
1306	2.  The procedure developed by the department must be
1307	readily available to young adults, must provide timely
1308	decisions, and must provide for an appeal to the Secretary of
1309	Children and Family Services. The decision of the secretary
1310	constitutes final agency action and is reviewable by the court
1311	as provided in s. 120.68.
1312	(6)  ACCOUNTABILITY.--The department shall develop outcome
1313	measures for the program and other performance measures.
1314	(7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The
1315	Secretary of Children and Family Services shall establish the
1316	Independent Living Services Advisory Council for the purpose of
1317	reviewing and making recommendations concerning the
1318	implementation and operation of the independent living
1319	transition services. This advisory council shall continue to
1320	function as specified in this subsection until the Legislature
1321	determines that the advisory council can no longer provide a
1322	valuable contribution to the department's efforts to achieve the
1323	goals of the independent living transition services.
1324	(a)  Specifically, the advisory council shall assess the
1325	implementation and operation of the system of independent living
1326	transition services and advise the department on actions that
1327	would improve the ability of the independent living transition
1328	services to meet the established goals. The advisory council
1329	shall keep the department informed of problems being experienced
1330	with the services, barriers to the effective and efficient
1331	integration of services and support across systems, and
1332	successes that the system of independent living transition
1333	services has achieved. The department shall consider, but is not
1334	required to implement, the recommendations of the advisory
1335	council.
1336	(b)  The advisory council shall report to the appropriate
1337	substantive committees of the Senate and the House of
1338	Representatives on the status of the implementation of the
1339	system of independent living transition services; efforts to
1340	publicize the availability of aftercare support services, the
1341	Road-to-Independence Scholarship Program, and transitional
1342	support services; specific barriers to financial aid created by
1343	the scholarship and possible solutions; the success of the
1344	services; problems identified; recommendations for department or
1345	legislative action; and the department's implementation of the
1346	recommendations contained in the Independent Living Services
1347	Integration Workgroup Report submitted to the Senate and the
1348	House substantive committees December 31, 2002. This advisory
1349	council report shall be submitted by December 31 of each year
1350	that the council is in existence and shall be accompanied by a
1351	report from the department which identifies the recommendations
1352	of the advisory council and either describes the department's
1353	actions to implement these recommendations or provides the
1354	department's rationale for not implementing the recommendations.
1355	(c)  Members of the advisory council shall be appointed by
1356	the secretary of the department. The membership of the advisory
1357	council must include, at a minimum, representatives from the
1358	headquarters and district offices of the Department of Children
1359	and Family Services, community-based care lead agencies, the
1360	Agency for Workforce Innovation, the Department of Education,
1361	the Agency for Health Care Administration, the State Youth
1362	Advisory Board, Workforce Florida, Inc., the Statewide Guardian
1363	Ad Litem Office, foster parents, recipients of Road-to-
1364	Independence Program funding, and advocates for foster children.
1365	The secretary shall determine the length of the term to be
1366	served by each member appointed to the advisory council, which
1367	may not exceed 4 years.
1368	(d)  The Department of Children and Family Services shall
1369	provide administrative support to the Independent Living
1370	Services Advisory Council to accomplish its assigned tasks. The
1371	advisory council shall be afforded access to all appropriate
1372	data from the department, each community-based care lead agency,
1373	and other relevant agencies in order to accomplish the tasks set
1374	forth in this section. The data collected may not include any
1375	information that would identify a specific child or young adult.
1376	(8)  PERSONAL PROPERTY.--Property acquired on behalf of
1377	clients of this program shall become the personal property of
1378	the clients and is not subject to the requirements of chapter
1379	273 relating to state-owned tangible personal property. Such
1380	property continues to be subject to applicable federal laws.
1381	(9)  MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN FOSTER
1382	CARE.--The department shall enroll in the Florida KidCare
1383	program, outside the open enrollment period, each young adult
1384	who is eligible as described in paragraph (2)(b) and who has not
1385	yet reached his or her 20th 19th birthday.
1386	(a)  A young adult who was formerly in foster care at the
1387	time of his or her 18th birthday and who is 18 years of age but
1388	not yet 20 19, shall pay the premium for the Florida KidCare
1389	program as required in s. 409.814.
1390	(b)  A young adult who has health insurance coverage from a
1391	third party through his or her employer or who is eligible for
1392	Medicaid is not eligible for enrollment under this subsection.
1393	(10)  RULEMAKING.--The department shall adopt by rule
1394	procedures to administer this section, including balancing the
1395	goals of normalcy and safety for the youth and providing the
1396	caregivers with as much flexibility as possible to enable the
1397	youth to participate in normal life experiences. The department
1398	shall not adopt rules relating to reductions in scholarship
1399	awards. The department shall engage in appropriate planning to
1400	prevent, to the extent possible, a reduction in scholarship
1401	awards after issuance.
1402	Section 10.  Paragraph (b) of subsection (2) of section
1403	409.175, Florida Statutes, is amended to read:
1404	409.175  Licensure of family foster homes, residential
1405	child-caring agencies, and child-placing agencies; public
1406	records exemption.--
1407	(2)  As used in this section, the term:
1408	(b)  "Boarding school" means a school which is accredited
1409	by the Florida Council of Independent Schools or the Southern
1410	Association of Colleges and Schools; which is accredited by the
1411	Council on Accreditation, the Commission on Accreditation of
1412	Rehabilitation Facilities, or the Coalition for Residential
1413	Education; and which is registered with the Department of
1414	Education as a school. Its program must follow established
1415	school schedules, with holiday breaks and summer recesses in
1416	accordance with other public and private school programs. The
1417	children in residence must customarily return to their family
1418	homes or legal guardians during school breaks and must not be in
1419	residence year-round, except that this provision does not apply
1420	to foreign students. The parents of these children retain
1421	custody and planning and financial responsibility. A boarding
1422	school currently in existence and a boarding school opening and
1423	seeking accreditation has 3 years to comply with the
1424	requirements of this paragraph. A boarding school must provide
1425	proof of accreditation or documentation of the accreditation
1426	process upon request. A boarding school that cannot produce the
1427	required documentation or that has not registered with the
1428	Department of Education shall be considered to be providing
1429	residential group care without a license. The department may
1430	impose administrative sanctions or seek civil remedies as
1431	provided under paragraph (11)(a).
1432	Section 11.  Subsection (2) of section 39.013, Florida
1433	Statutes, is amended to read:
1434	39.013  Procedures and jurisdiction; right to counsel.--
1435	(2)  The circuit court shall have exclusive original
1436	jurisdiction of all proceedings under this chapter, of a child
1437	voluntarily placed with a licensed child-caring agency, a
1438	licensed child-placing agency, or the department, and of the
1439	adoption of children whose parental rights have been terminated
1440	under this chapter. Jurisdiction attaches when the initial
1441	shelter petition, dependency petition, or termination of
1442	parental rights petition is filed or when a child is taken into
1443	the custody of the department. The circuit court may assume
1444	jurisdiction over any such proceeding regardless of whether the
1445	child was in the physical custody of both parents, was in the
1446	sole legal or physical custody of only one parent, caregiver, or
1447	some other person, or was in the physical or legal custody of no
1448	person when the event or condition occurred that brought the
1449	child to the attention of the court. When the court obtains
1450	jurisdiction of any child who has been found to be dependent,
1451	the court shall retain jurisdiction, unless relinquished by its
1452	order, until the child reaches 18 years of age. However, if a
1453	youth petitions the court at any time before his or her 19th
1454	birthday requesting the court's continued jurisdiction, the
1455	juvenile court may retain jurisdiction under this chapter for a
1456	period not to exceed 1 year following the youth's 18th birthday
1457	for the purpose of determining whether appropriate aftercare
1458	support, Road-to-Independence Program Scholarship, transitional
1459	support, mental health, and developmental disability services,
1460	to the extent otherwise authorized by law, have been provided to
1461	the formerly dependent child who was in the legal custody of the
1462	department immediately before his or her 18th birthday. If a
1463	petition for special immigrant juvenile status and an
1464	application for adjustment of status have been filed on behalf
1465	of a foster child and the petition and application have not been
1466	granted by the time the child reaches 18 years of age, the court
1467	may retain jurisdiction over the dependency case solely for the
1468	purpose of allowing the continued consideration of the petition
1469	and application by federal authorities. Review hearings for the
1470	child shall be set solely for the purpose of determining the
1471	status of the petition and application. The court's jurisdiction
1472	terminates upon the final decision of the federal authorities.
1473	Retention of jurisdiction in this instance does not affect the
1474	services available to a young adult under s. 409.1451. The court
1475	may not retain jurisdiction of the case after the immigrant
1476	child's 22nd birthday.
1477	Section 12.  Paragraph (a) of subsection (6) of section
1478	39.701, Florida Statutes, is amended to read:
1479	39.701  Judicial review.--
1480	(6)(a)  In addition to paragraphs (1)(a) and (2)(a), the
1481	court shall hold a judicial review hearing within 90 days after
1482	a youth's 17th birthday and shall continue to hold timely
1483	judicial review hearings. In addition, the court may review the
1484	status of the child more frequently during the year prior to the
1485	youth's 18th birthday if necessary. At each review held under
1486	this subsection, in addition to any information or report
1487	provided to the court, the foster parent, legal custodian,
1488	guardian ad litem, and the child shall be given the opportunity
1489	to address the court with any information relevant to the
1490	child's best interests, particularly as it relates to
1491	independent living transition services. In addition to any
1492	information or report provided to the court, the department
1493	shall include in its judicial review social study report written
1494	verification that the child:
1495	1.  Has been provided with a current Medicaid card and has
1496	been provided all necessary information concerning the Medicaid
1497	program sufficient to prepare the youth to apply for coverage
1498	upon reaching age 18, if such application would be appropriate.
1499	2.  Has been provided with a certified copy of his or her
1500	birth certificate and, if the child does not have a valid
1501	driver's license, a Florida identification card issued under s.
1502	322.051.
1503	3.  Has been provided information relating to Social
1504	Security Insurance benefits if the child is eligible for these
1505	benefits. If the child has received these benefits and they are
1506	being held in trust for the child, a full accounting of those
1507	funds must be provided and the child must be informed about how
1508	to access those funds.
1509	4.  Has been provided with information and training related
1510	to budgeting skills, interviewing skills, and parenting skills.
1511	5.  Has been provided with all relevant information related
1512	to the Road-to-Independence Program Scholarship, including, but
1513	not limited to, eligibility requirements, forms necessary to
1514	apply, and assistance in completing the forms. The child shall
1515	also be informed that, if he or she is eligible for the Road-to-
1516	Independence Scholarship Program, he or she may reside with the
1517	licensed foster family or group care provider with whom the
1518	child was residing at the time of attaining his or her 18th
1519	birthday or may reside in another licensed foster home or with a
1520	group care provider arranged by the department.
1521	6.  Has an open bank account, or has identification
1522	necessary to open an account, and has been provided with
1523	essential banking skills.
1524	7.  Has been provided with information on public assistance
1525	and how to apply.
1526	8.  Has been provided a clear understanding of where he or
1527	she will be living on his or her 18th birthday, how living
1528	expenses will be paid, and what educational program or school he
1529	or she will be enrolled in.
1530	9.  Has been provided with notice of the youth's right to
1531	petition for the court's continuing jurisdiction for 1 year
1532	after the youth's 18th birthday as specified in s. 39.013(2) and
1533	with information on how to obtain access to the court.
1534	10.  Has been encouraged to attend all judicial review
1535	hearings occurring after his or her 17th birthday.
1536	Section 13.  Paragraph (c) of subsection (2) of section
1537	1009.25, Florida Statutes, is amended to read:
1538	1009.25  Fee exemptions.--
1539	(2)  The following students are exempt from the payment of
1540	tuition and fees, including lab fees, at a school district that
1541	provides postsecondary career programs, community college, or
1542	state university:
1543	(c)  A student who the state has determined is eligible for
1544	the Road-to-Independence Scholarship, regardless of whether an
1545	award is issued or not, or a student who is or was at the time
1546	he or she reached 18 years of age in the custody of the
1547	Department of Children and Family Services or a relative under
1548	s. 39.5085, or who is adopted from the Department of Children
1549	and Family Services after May 5, 1997, or who, after spending at
1550	least 6 months in the custody of the department after reaching
1551	16 years of age, was placed in a guardianship by the court. Such
1552	exemption includes fees associated with enrollment in career-
1553	preparatory instruction and completion of the college-level
1554	communication and computation skills testing program. Such an
1555	exemption is available to any student who was in the custody of
1556	a relative under s. 39.5085 at the time he or she reached 18
1557	years of age or was adopted from the Department of Children and
1558	Family Services after May 5, 1997; however, the exemption
1559	remains valid for no more than 4 years after the date of
1560	graduation from high school.
1561	Section 14.  The sum of $11.4 million in recurring funds is
1562	appropriated from the General Revenue Fund to the Ounce of
1563	Prevention Fund of Florida for the 2006-2007 fiscal year to fund
1564	the expansion and enhancement of the Healthy Families Florida
1565	program statewide. Of that amount, $4.3 million shall be used
1566	for cost-of-living increases to retain home visiting staff, $3.1
1567	million shall be used to serve the 14 counties that are not
1568	presently served, and $4 million shall be used to add high-risk
1569	specialists to the core staffing model for each Healthy Families
1570	Florida project.
1571	Section 15.  This act shall take effect July 1, 2006.

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