HB 7173

CS

CHAMBER ACTION

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

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