HB 7173

CS

CHAMBER ACTION

1	The Health & Families 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, 39.013, and
32	39.302, F.S.; conforming cross-references and terminology;
33	amending s. 39.701, F.S.; requiring the court to issue an
34	order that is separate from other judicial review orders;
35	amending s. 402.164, F.S.; establishing legislative intent
36	for the statewide and local advocacy councils; revising a
37	definition; amending s. 402.165, F.S.; providing for
38	termination of members of the statewide council; providing
39	guidelines for selection of the executive director of the
40	Florida Statewide Advocacy Council; establishing a process
41	for investigating reports of abuse; revising council
42	meeting requirements; providing requirements for
43	interagency agreements; requiring interagency agreements
44	to be renewed annually and submitted to the Governor by a
45	specified date; providing additional requirements for the
46	statewide council to petition the circuit court for access
47	to certain records; amending s. 409.1451, F.S., relating
48	to independent living transition services; revising
49	eligibility requirements for certain young adults;
50	revising duties of the Department of Children and Family
51	Services regarding independent living transition services;
52	including additional parties in the review of a child's
53	academic performance; requiring the department or a
54	community-based care lead agency under contract with the
55	department to develop a plan for delivery of such
56	services; requiring additional aftercare support services;
57	providing additional qualifications to receive an award
58	under the Road-to-Independence Program; deleting certain
59	time restrictions for submitting applications; providing
60	procedures for the payment of awards; requiring
61	collaboration between certain parties in the development
62	of a plan regarding the provision of transitional
63	services; requiring a community-based care lead agency to
64	develop a plan for purchase and delivery of such services
65	and requiring department approval prior to implementation;
66	requiring the department to submit a report annually to
67	the Legislature on performance, oversight, and rule
68	development; permitting the Independent Living Services
69	Advisory Council to have access to certain data held by
70	the department and certain agencies; amending s. 409.175,
71	F.S.; revising the definition of the term "boarding
72	school" to require such schools to meet certain standards
73	within a specified timeframe; amending s. 409.903, F.S.;
74	providing eligibility criteria for certain persons to
75	qualify for medical assistance payments; creating s.
76	743.045, F.S.; removing the disability of nonage for
77	certain youth in the legal custody of the Department of
78	Children and Family Services; amending s. 1009.25, F.S.;
79	providing additional criteria for a student to qualify for
80	an exemption from certain tuition and fees; providing a
81	contingent effective date.
82
83	Be It Enacted by the Legislature of the State of Florida:
84
85	Section 1.  Subsections (1) and (6) of section 39.001,
86	Florida Statutes, are amended, subsections (7) and (8) are
87	renumbered as subsections (8) and (9) and amended, present
88	subsection (9) is renumbered as subsection (10), and new
89	subsections (7), (11), and (12) are added to that section, to
90	read:
91	39.001  Purposes and intent; personnel standards and
92	screening.--
93	(1)  PURPOSES OF CHAPTER.--The purposes of this chapter
94	are:
95	(a)  To provide for the care, safety, and protection of
96	children in an environment that fosters healthy social,
97	emotional, intellectual, and physical development; to ensure
98	secure and safe custody; and to promote the health and well-
99	being of all children under the state's care; and to prevent the
100	occurrence of child abuse, neglect, and abandonment.
101	(b)  To recognize that most families desire to be competent
102	caregivers and providers for their children and that children
103	achieve their greatest potential when families are able to
104	support and nurture the growth and development of their
105	children. Therefore, the Legislature finds that policies and
106	procedures that provide for prevention and intervention through
107	the department's child protection system should be based on the
108	following principles:
109	1.  The health and safety of the children served shall be
110	of paramount concern.
111	2.  The prevention and intervention should engage families
112	in constructive, supportive, and nonadversarial relationships.
113	3.  The prevention and intervention should intrude as
114	little as possible into the life of the family, be focused on
115	clearly defined objectives, and take the most parsimonious path
116	to remedy a family's problems.
117	4.  The prevention and intervention should be based upon
118	outcome evaluation results that demonstrate success in
119	protecting children and supporting families.
120	(c)  To provide a child protection system that reflects a
121	partnership between the department, other agencies, and local
122	communities.
123	(d)  To provide a child protection system that is sensitive
124	to the social and cultural diversity of the state.
125	(e)  To provide procedures which allow the department to
126	respond to reports of child abuse, abandonment, or neglect in
127	the most efficient and effective manner that ensures the health
128	and safety of children and the integrity of families.
129	(f)  To preserve and strengthen the child's family ties
130	whenever possible, removing the child from parental custody only
131	when his or her welfare cannot be adequately safeguarded without
132	such removal.
133	(g)  To ensure that the parent or legal custodian from
134	whose custody the child has been taken assists the department to
135	the fullest extent possible in locating relatives suitable to
136	serve as caregivers for the child.
137	(h)  To ensure that permanent placement with the biological
138	or adoptive family is achieved as soon as possible for every
139	child in foster care and that no child remains in foster care
140	longer than 1 year.
141	(i)  To secure for the child, when removal of the child
142	from his or her own family is necessary, custody, care, and
143	discipline as nearly as possible equivalent to that which should
144	have been given by the parents; and to ensure, in all cases in
145	which a child must be removed from parental custody, that the
146	child is placed in an approved relative home, licensed foster
147	home, adoptive home, or independent living program that provides
148	the most stable and potentially permanent living arrangement for
149	the child, as determined by the court. All placements shall be
150	in a safe environment where drugs and alcohol are not abused.
151	(j)  To ensure that, when reunification or adoption is not
152	possible, the child will be prepared for alternative permanency
153	goals or placements, to include, but not be limited to, long-
154	term foster care, independent living, custody to a relative on a
155	permanent basis with or without legal guardianship, or custody
156	to a foster parent or legal custodian on a permanent basis with
157	or without legal guardianship.
158	(k)  To make every possible effort, when two or more
159	children who are in the care or under the supervision of the
160	department are siblings, to place the siblings in the same home;
161	and in the event of permanent placement of the siblings, to
162	place them in the same adoptive home or, if the siblings are
163	separated, to keep them in contact with each other.
164	(l)  To provide judicial and other procedures to assure due
165	process through which children, parents, and guardians and other
166	interested parties are assured fair hearings by a respectful and
167	respected court or other tribunal and the recognition,
168	protection, and enforcement of their constitutional and other
169	legal rights, while ensuring that public safety interests and
170	the authority and dignity of the courts are adequately
171	protected.
172	(m)  To ensure that children under the jurisdiction of the
173	courts are provided equal treatment with respect to goals,
174	objectives, services, and case plans, without regard to the
175	location of their placement. It is the further intent of the
176	Legislature that, when children are removed from their homes,
177	disruption to their education be minimized to the extent
178	possible.
179	(n)  To create and maintain an integrated prevention
180	framework that enables local communities, state agencies, and
181	organizations to collaborate to implement efficient and properly
182	applied evidence-based child abuse prevention practices.
183	(6)  LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
184	ABANDONMENT, AND NEGLECT OF CHILDREN.--The incidence of known
185	child abuse, abandonment, and neglect has increased rapidly over
186	the past 5 years. The impact that abuse, abandonment, or neglect
187	has on the victimized child, siblings, family structure, and
188	inevitably on all citizens of the state has caused the
189	Legislature to determine that the prevention of child abuse,
190	abandonment, and neglect shall be a priority of this state. To
191	further this end, it is the intent of the Legislature that an
192	Office of Child Abuse Prevention be established a comprehensive
193	approach for the prevention of abuse, abandonment, and neglect
194	of children be developed for the state and that this planned,
195	comprehensive approach be used as a basis for funding.
196	(7)  OFFICE OF CHILD ABUSE PREVENTION.--
197	(a)  For purposes of establishing a comprehensive statewide
198	approach for the prevention of child abuse, abandonment, and
199	neglect, the Office of Child Abuse Prevention is created within
200	the Executive Office of the Governor. The Governor shall appoint
201	a director for the office who shall be subject to confirmation
202	by the Senate.
203	(b)  The director shall:
204	1.  Assist in developing rules pertaining to implementation
205	of child abuse prevention efforts.
206	2.  Act as the Governor's liaison with state agencies,
207	other state governments, and the public and private sectors on
208	matters that relate to child abuse prevention.
209	3.  Work to secure funding and other support for the
210	state's child abuse prevention efforts, including, but not
211	limited to, establishing cooperative relationships among state
212	and private agencies.
213	4.  Develop a strategic program and funding initiative that
214	links the separate jurisdictional activities of state agencies
215	with respect to child abuse prevention. The office may designate
216	lead and contributing agencies to develop such initiatives.
217	5.  Advise the Governor and the Legislature on child abuse
218	trends in this state, the status of current child abuse
219	prevention programs and services, the funding of those programs
220	and services, and the status of the office with regard to the
221	development and implementation of the state child abuse
222	prevention strategy.
223	6.  Develop child abuse prevention public awareness
224	campaigns to be implemented throughout the state.
225	(c)  The office is authorized and directed to:
226	1.  Oversee the preparation and implementation of the state
227	plan established under subsection (8) and revise and update the
228	state plan as necessary.
229	2.  Provide for or make available continuing professional
230	education and training in the prevention of child abuse and
231	neglect.
232	3.  Work to secure funding in the form of appropriations,
233	gifts, and grants from the state, the Federal Government, and
234	other public and private sources in order to ensure that
235	sufficient funds are available for prevention efforts.
236	4.  Make recommendations pertaining to agreements or
237	contracts for the establishment and development of:
238	a.  Programs and services for the prevention of child abuse
239	and neglect.
240	b.  Training programs for the prevention of child abuse and
241	neglect.
242	c.  Multidisciplinary and discipline-specific training
243	programs for professionals with responsibilities affecting
244	children, young adults, and families.
245	5.  Monitor, evaluate, and review the development and
246	quality of local and statewide services and programs for the
247	prevention of child abuse and neglect and shall publish and
248	distribute an annual report of its findings on or before January
249	1 of each year to the Governor, the Speaker of the House of
250	Representatives, the President of the Senate, the secretary of
251	each state agency affected by the report, and the appropriate
252	substantive committees of the Legislature. The report shall
253	include:
254	a.  A summary of the activities of the office.
255	b.  A summary detailing the demographic and geographic
256	characteristics of families served by the prevention programs.
257	c.  Recommendations, by state agency, for the further
258	development and improvement of services and programs for the
259	prevention of child abuse and neglect.
260	d.  The budget requests and prevention program needs by
261	state agency.
262	(8)(7)  PLAN FOR COMPREHENSIVE APPROACH.--
263	(a)  The office department shall develop a state plan for
264	the prevention of abuse, abandonment, and neglect of children
265	and shall submit the state plan to the Speaker of the House of
266	Representatives, the President of the Senate, and the Governor
267	no later than December 31, 2007 January 1, 1983. The Department
268	of Children and Family Services, the Department of Corrections,
269	the Department of Education, the Department of Health, the
270	Department of Juvenile Justice, the Department of Law
271	Enforcement, the Agency for Persons with Disabilities, and the
272	Agency for Workforce Innovation The Department of Education and
273	the Division of Children's Medical Services Prevention and
274	Intervention of the Department of Health shall participate and
275	fully cooperate in the development of the state plan at both the
276	state and local levels. Furthermore, appropriate local agencies
277	and organizations shall be provided an opportunity to
278	participate in the development of the state plan at the local
279	level. Appropriate local groups and organizations shall include,
280	but not be limited to, community mental health centers; guardian
281	ad litem programs for children under the circuit court; the
282	school boards of the local school districts; the Florida local
283	advocacy councils; community-based care lead agencies; private
284	or public organizations or programs with recognized expertise in
285	working with child abuse prevention programs for children and
286	families; private or public organizations or programs with
287	recognized expertise in working with children who are sexually
288	abused, physically abused, emotionally abused, abandoned, or
289	neglected and with expertise in working with the families of
290	such children; private or public programs or organizations with
291	expertise in maternal and infant health care; multidisciplinary
292	child protection teams; child day care centers; law enforcement
293	agencies;, and the circuit courts, when guardian ad litem
294	programs are not available in the local area. The state plan to
295	be provided to the Legislature and the Governor shall include,
296	as a minimum, the information required of the various groups in
297	paragraph (b).
298	(b)  The development of the comprehensive state plan shall
299	be accomplished in the following manner:
300	1.  The office shall establish a Child Abuse Prevention
301	Advisory Council composed of representatives from each state
302	agency and appropriate local agencies and organizations
303	specified in paragraph (a). The advisory council shall serve as
304	the research arm of the office and The department shall
305	establish an interprogram task force comprised of the Program
306	Director for Family Safety, or a designee, a representative from
307	the Child Care Services Program Office, a representative from
308	the Family Safety Program Office, a representative from the
309	Mental Health Program Office, a representative from the
310	Substance Abuse Program Office, a representative from the
311	Developmental Disabilities Program Office, and a representative
312	from the Division of Children's Medical Services Prevention and
313	Intervention of the Department of Health. Representatives of the
314	Department of Law Enforcement and of the Department of Education
315	shall serve as ex officio members of the interprogram task
316	force. The interprogram task force shall be responsible for:
317	a.  Assisting in developing a plan of action for better
318	coordination and integration of the goals, activities, and
319	funding pertaining to the prevention of child abuse,
320	abandonment, and neglect conducted by the office department in
321	order to maximize staff and resources at the state level. The
322	plan of action shall be included in the state plan.
323	b.  Assisting in providing a basic format to be utilized by
324	the districts in the preparation of local plans of action in
325	order to provide for uniformity in the district plans and to
326	provide for greater ease in compiling information for the state
327	plan.
328	c.  Providing the districts with technical assistance in
329	the development of local plans of action, if requested.
330	d.  Assisting in examining the local plans to determine if
331	all the requirements of the local plans have been met and, if
332	they have not, informing the districts of the deficiencies and
333	requesting the additional information needed.
334	e.  Assisting in preparing the state plan for submission to
335	the Legislature and the Governor. Such preparation shall include
336	the incorporation into the state plan collapsing of information
337	obtained from the local plans, the cooperative plans with the
338	members of the advisory council Department of Education, and the
339	plan of action for coordination and integration of state
340	departmental activities into one comprehensive plan. The state
341	comprehensive plan shall include a section reflecting general
342	conditions and needs, an analysis of variations based on
343	population or geographic areas, identified problems, and
344	recommendations for change. In essence, the state plan shall
345	provide an analysis and summary of each element of the local
346	plans to provide a statewide perspective. The state plan shall
347	also include each separate local plan of action.
348	f.  Conducting a feasibility study on the establishment of
349	a Children's Cabinet.
350	g.f.  Working with the specified state agency in fulfilling
351	the requirements of subparagraphs 2., 3., 4., and 5.
352	2.  The office, the department, the Department of
353	Education, and the Department of Health shall work together in
354	developing ways to inform and instruct parents of school
355	children and appropriate district school personnel in all school
356	districts in the detection of child abuse, abandonment, and
357	neglect and in the proper action that should be taken in a
358	suspected case of child abuse, abandonment, or neglect, and in
359	caring for a child's needs after a report is made. The plan for
360	accomplishing this end shall be included in the state plan.
361	3.  The office, the department, the Department of Law
362	Enforcement, and the Department of Health shall work together in
363	developing ways to inform and instruct appropriate local law
364	enforcement personnel in the detection of child abuse,
365	abandonment, and neglect and in the proper action that should be
366	taken in a suspected case of child abuse, abandonment, or
367	neglect.
368	4.  Within existing appropriations, the office department
369	shall work with other appropriate public and private agencies to
370	emphasize efforts to educate the general public about the
371	problem of and ways to detect child abuse, abandonment, and
372	neglect and in the proper action that should be taken in a
373	suspected case of child abuse, abandonment, or neglect. The plan
374	for accomplishing this end shall be included in the state plan.
375	5.  The office, the department, the Department of
376	Education, and the Department of Health shall work together on
377	the enhancement or adaptation of curriculum materials to assist
378	instructional personnel in providing instruction through a
379	multidisciplinary approach on the identification, intervention,
380	and prevention of child abuse, abandonment, and neglect. The
381	curriculum materials shall be geared toward a sequential program
382	of instruction at the four progressional levels, K-3, 4-6, 7-9,
383	and 10-12. Strategies for encouraging all school districts to
384	utilize the curriculum are to be included in the comprehensive
385	state plan for the prevention of child abuse, abandonment, and
386	neglect.
387	6.  Each district of the department shall develop a plan
388	for its specific geographical area. The plan developed at the
389	district level shall be submitted to the advisory council
390	interprogram task force for utilization in preparing the state
391	plan. The district local plan of action shall be prepared with
392	the involvement and assistance of the local agencies and
393	organizations listed in this paragraph (a), as well as
394	representatives from those departmental district offices
395	participating in the treatment and prevention of child abuse,
396	abandonment, and neglect. In order to accomplish this, the
397	office district administrator in each district shall establish a
398	task force on the prevention of child abuse, abandonment, and
399	neglect. The office district administrator shall appoint the
400	members of the task force in accordance with the membership
401	requirements of this section. The office In addition, the
402	district administrator shall ensure that each subdistrict is
403	represented on the task force; and, if the district does not
404	have subdistricts, the district administrator shall ensure that
405	both urban and rural areas are represented on the task force.
406	The task force shall develop a written statement clearly
407	identifying its operating procedures, purpose, overall
408	responsibilities, and method of meeting responsibilities. The
409	district plan of action to be prepared by the task force shall
410	include, but shall not be limited to:
411	a.  Documentation of the magnitude of the problems of child
412	abuse, including sexual abuse, physical abuse, and emotional
413	abuse, and child abandonment and neglect in its geographical
414	area.
415	b.  A description of programs currently serving abused,
416	abandoned, and neglected children and their families and a
417	description of programs for the prevention of child abuse,
418	abandonment, and neglect, including information on the impact,
419	cost-effectiveness, and sources of funding of such programs.
420	c.  A continuum of programs and services necessary for a
421	comprehensive approach to the prevention of all types of child
422	abuse, abandonment, and neglect as well as a brief description
423	of such programs and services.
424	d.  A description, documentation, and priority ranking of
425	local needs related to child abuse, abandonment, and neglect
426	prevention based upon the continuum of programs and services.
427	e.  A plan for steps to be taken in meeting identified
428	needs, including the coordination and integration of services to
429	avoid unnecessary duplication and cost, and for alternative
430	funding strategies for meeting needs through the reallocation of
431	existing resources, utilization of volunteers, contracting with
432	local universities for services, and local government or private
433	agency funding.
434	f.  A description of barriers to the accomplishment of a
435	comprehensive approach to the prevention of child abuse,
436	abandonment, and neglect.
437	g.  Recommendations for changes that can be accomplished
438	only at the state program level or by legislative action.
439	(9)(8)  FUNDING AND SUBSEQUENT PLANS.--
440	(a)  All budget requests submitted by the office, the
441	department, the Department of Health, the Department of
442	Education, the Department of Juvenile Justice, the Department of
443	Corrections, the Agency for Persons with Disabilities, the
444	Agency for Workforce Innovation, or any other agency to the
445	Legislature for funding of efforts for the prevention of child
446	abuse, abandonment, and neglect shall be based on the state plan
447	developed pursuant to this section.
448	(b)  The office department at the state and district levels
449	and the other agencies and organizations listed in paragraph
450	(8)(a) (7)(a) shall readdress the state plan and make necessary
451	revisions every 5 years, at a minimum. Such revisions shall be
452	submitted to the Speaker of the House of Representatives and the
453	President of the Senate no later than June 30 of each year
454	divisible by 5. At least biennially, the office shall review the
455	state plan and make any necessary revisions based on changing
456	needs and program evaluation results. An annual progress report
457	shall be submitted to update the state plan in the years between
458	the 5-year intervals. In order to avoid duplication of effort,
459	these required plans may be made a part of or merged with other
460	plans required by either the state or Federal Government, so
461	long as the portions of the other state or Federal Government
462	plan that constitute the state plan for the prevention of child
463	abuse, abandonment, and neglect are clearly identified as such
464	and are provided to the Speaker of the House of Representatives
465	and the President of the Senate as required above.
466	(11)  RULEMAKING.--The Executive Office of the Governor
467	shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
468	implement the provisions of this section.
469	(12)  EVALUATION.--By February 1, 2009, the Legislature
470	shall evaluate the office and determine whether it should
471	continue to be housed in the Executive Office of the Governor or
472	transferred to a state agency.
473	Section 2.  Section 39.0014, Florida Statutes, is amended
474	to read:
475	39.0014  Responsibilities of public agencies.--All state,
476	county, and local agencies shall cooperate, assist, and provide
477	information to the Office of Child Abuse Prevention and the
478	department as will enable them it to fulfill their its
479	responsibilities under this chapter.
480	Section 3.  Paragraph (b) of subsection (3) of section
481	39.0015, Florida Statutes, is amended to read:
482	39.0015  Child abuse prevention training in the district
483	school system.--
484	(3)  DEFINITIONS.--As used in this section:
485	(b)  "Child abuse" means those acts as defined in ss.
486	39.01(1), (2), (30), (43), (45), (53) (52), and (64) (63),
487	827.04, and 984.03(1), (2), and (37).
488	Section 4.  Subsections (47) through (72) of section 39.01,
489	Florida Statutes, are renumbered as subsections (48) through
490	(73), present subsections (10) and (47) are amended, and a new
491	subsection (47) is added to that section, to read:
492	39.01  Definitions.--When used in this chapter, unless the
493	context otherwise requires:
494	(10)  "Caregiver" means the parent, legal custodian, adult
495	household member, or other person responsible for a child's
496	welfare as defined in subsection (48) (47).
497	(47)  "Office" means the Office of Child Abuse Prevention
498	within the Executive Office of the Governor.
499	(48)(47)  "Other person responsible for a child's welfare"
500	includes the child's legal guardian, legal custodian, or foster
501	parent; an employee of any a private school, public or private
502	child day care center, residential home, institution, facility,
503	or agency; or any other person legally responsible for the
504	child's welfare in a residential setting; and also includes an
505	adult sitter or relative entrusted with a child's care. For the
506	purpose of departmental investigative jurisdiction, this
507	definition does not include law enforcement officers, or
508	employees of municipal or county detention facilities or the
509	Department of Corrections, while acting in an official capacity.
510	Section 5.  Subsection (2) of section 39.013, Florida
511	Statutes, is amended to read:
512	39.013  Procedures and jurisdiction; right to counsel.--
513	(2)  The circuit court shall have exclusive original
514	jurisdiction of all proceedings under this chapter, of a child
515	voluntarily placed with a licensed child-caring agency, a
516	licensed child-placing agency, or the department, and of the
517	adoption of children whose parental rights have been terminated
518	under this chapter. Jurisdiction attaches when the initial
519	shelter petition, dependency petition, or termination of
520	parental rights petition is filed or when a child is taken into
521	the custody of the department. The circuit court may assume
522	jurisdiction over any such proceeding regardless of whether the
523	child was in the physical custody of both parents, was in the
524	sole legal or physical custody of only one parent, caregiver, or
525	some other person, or was in the physical or legal custody of no
526	person when the event or condition occurred that brought the
527	child to the attention of the court. When the court obtains
528	jurisdiction of any child who has been found to be dependent,
529	the court shall retain jurisdiction, unless relinquished by its
530	order, until the child reaches 18 years of age. However, if a
531	youth petitions the court at any time before his or her 19th
532	birthday requesting the court's continued jurisdiction, the
533	juvenile court may retain jurisdiction under this chapter for a
534	period not to exceed 1 year following the youth's 18th birthday
535	for the purpose of determining whether appropriate aftercare
536	support, Road-to-Independence Program Scholarship, transitional
537	support, mental health, and developmental disability services,
538	to the extent otherwise authorized by law, have been provided to
539	the formerly dependent child who was in the legal custody of the
540	department immediately before his or her 18th birthday. If a
541	petition for special immigrant juvenile status and an
542	application for adjustment of status have been filed on behalf
543	of a foster child and the petition and application have not been
544	granted by the time the child reaches 18 years of age, the court
545	may retain jurisdiction over the dependency case solely for the
546	purpose of allowing the continued consideration of the petition
547	and application by federal authorities. Review hearings for the
548	child shall be set solely for the purpose of determining the
549	status of the petition and application. The court's jurisdiction
550	terminates upon the final decision of the federal authorities.
551	Retention of jurisdiction in this instance does not affect the
552	services available to a young adult under s. 409.1451. The court
553	may not retain jurisdiction of the case after the immigrant
554	child's 22nd birthday.
555	Section 6.  Paragraph (a) of subsection (2) of section
556	39.202, Florida Statutes, is amended to read:
557	39.202  Confidentiality of reports and records in cases of
558	child abuse or neglect.--
559	(2)  Except as provided in subsection (4), access to such
560	records, excluding the name of the reporter which shall be
561	released only as provided in subsection (5), shall be granted
562	only to the following persons, officials, and agencies:
563	(a)  Employees, authorized agents, or contract providers of
564	the department, the Department of Health, or county agencies
565	responsible for carrying out:
566	1.  Child or adult protective investigations;
567	2.  Ongoing child or adult protective services;
568	3.  Early intervention and prevention services;
569	4.3.  Healthy Start services; or
570	5.4.  Licensure or approval of adoptive homes, foster
571	homes, or child care facilities, or family day care homes or
572	informal child care providers who receive subsidized child care
573	funding, or other homes used to provide for the care and welfare
574	of children; or.
575	6.5.  Services for victims of domestic violence when
576	provided by certified domestic violence centers working at the
577	department's request as case consultants or with shared clients.
578
579	Also, employees or agents of the Department of Juvenile Justice
580	responsible for the provision of services to children, pursuant
581	to chapters 984 and 985.
582	Section 7.  Subsection (1) of section 39.302, Florida
583	Statutes, is amended to read:
584	39.302  Protective investigations of institutional child
585	abuse, abandonment, or neglect.--
586	(1)  The department shall conduct a child protective
587	investigation of each report of institutional child abuse,
588	abandonment, or neglect. Upon receipt of a report that alleges
589	that an employee or agent of the department, or any other entity
590	or person covered by s. 39.01(31) or (48) (47), acting in an
591	official capacity, has committed an act of child abuse,
592	abandonment, or neglect, the department shall initiate a child
593	protective investigation within the timeframe established by the
594	central abuse hotline pursuant to s. 39.201(5) and orally notify
595	the appropriate state attorney, law enforcement agency, and
596	licensing agency. These agencies shall immediately conduct a
597	joint investigation, unless independent investigations are more
598	feasible. When conducting investigations onsite or having face-
599	to-face interviews with the child, such investigation visits
600	shall be unannounced unless it is determined by the department
601	or its agent that such unannounced visits would threaten the
602	safety of the child. When a facility is exempt from licensing,
603	the department shall inform the owner or operator of the
604	facility of the report. Each agency conducting a joint
605	investigation shall be entitled to full access to the
606	information gathered by the department in the course of the
607	investigation. A protective investigation must include an onsite
608	visit of the child's place of residence. In all cases, the
609	department shall make a full written report to the state
610	attorney within 3 working days after making the oral report. A
611	criminal investigation shall be coordinated, whenever possible,
612	with the child protective investigation of the department. Any
613	interested person who has information regarding the offenses
614	described in this subsection may forward a statement to the
615	state attorney as to whether prosecution is warranted and
616	appropriate. Within 15 days after the completion of the
617	investigation, the state attorney shall report the findings to
618	the department and shall include in such report a determination
619	of whether or not prosecution is justified and appropriate in
620	view of the circumstances of the specific case.
621	Section 8.  Paragraph (a) of subsection (6) of section
622	39.701, Florida Statutes, is amended to read:
623	39.701  Judicial review.--
624	(6)(a)  In addition to paragraphs (1)(a) and (2)(a), the
625	court shall hold a judicial review hearing within 90 days after
626	a youth's 17th birthday. The court shall also issue an order,
627	separate from the order on judicial review, that the disability
628	of nonage of the youth has been removed pursuant to s. 743.045.
629	The court and shall continue to hold timely judicial review
630	hearings thereafter. In addition, the court may review the
631	status of the child more frequently during the year prior to the
632	youth's 18th birthday if necessary. At each review held under
633	this subsection, in addition to any information or report
634	provided to the court, the foster parent, legal custodian,
635	guardian ad litem, and the child shall be given the opportunity
636	to address the court with any information relevant to the
637	child's best interests, particularly as it relates to
638	independent living transition services. In addition to any
639	information or report provided to the court, the department
640	shall include in its judicial review social study report written
641	verification that the child:
642	1.  Has been provided with a current Medicaid card and has
643	been provided all necessary information concerning the Medicaid
644	program sufficient to prepare the youth to apply for coverage
645	upon reaching age 18, if such application would be appropriate.
646	2.  Has been provided with a certified copy of his or her
647	birth certificate and, if the child does not have a valid
648	driver's license, a Florida identification card issued under s.
649	322.051.
650	3.  Has been provided information relating to Social
651	Security Insurance benefits if the child is eligible for these
652	benefits. If the child has received these benefits and they are
653	being held in trust for the child, a full accounting of those
654	funds must be provided and the child must be informed about how
655	to access those funds.
656	4.  Has been provided with information and training related
657	to budgeting skills, interviewing skills, and parenting skills.
658	5.  Has been provided with all relevant information related
659	to the Road-to-Independence Program Scholarship, including, but
660	not limited to, eligibility requirements, forms necessary to
661	apply, and assistance in completing the forms. The child shall
662	also be informed that, if he or she is eligible for the Road-to-
663	Independence Scholarship Program, he or she may reside with the
664	licensed foster family or group care provider with whom the
665	child was residing at the time of attaining his or her 18th
666	birthday or may reside in another licensed foster home or with a
667	group care provider arranged by the department.
668	6.  Has an open bank account, or has identification
669	necessary to open an account, and has been provided with
670	essential banking skills.
671	7.  Has been provided with information on public assistance
672	and how to apply.
673	8.  Has been provided a clear understanding of where he or
674	she will be living on his or her 18th birthday, how living
675	expenses will be paid, and what educational program or school he
676	or she will be enrolled in.
677	9.  Has been provided with notice of the youth's right to
678	petition for the court's continuing jurisdiction for 1 year
679	after the youth's 18th birthday as specified in s. 39.013(2) and
680	with information on how to obtain access to the court.
681	10.  Has been encouraged to attend all judicial review
682	hearings occurring after his or her 17th birthday.
683	Section 9.  Subsection (1) and paragraph (b) of subsection
684	(2) of section 402.164, Florida Statutes, are amended to read:
685	402.164  Legislative intent; definitions.--
686	(1)(a)  It is the intent of the Legislature to use citizen
687	volunteers as members of the Florida Statewide Advocacy Council
688	and the Florida local advocacy councils, and to have volunteers
689	operate a network of councils that shall, without interference
690	by an executive agency, undertake to discover, monitor,
691	investigate, and determine the presence of conditions or
692	individuals that constitute a threat to the rights, health,
693	safety, or welfare of persons who receive services from state
694	agencies.
695	(b)  It is the further intent of the Legislature that the
696	monitoring and investigation shall safeguard the health, safety,
697	and welfare of consumers of services provided by these state
698	agencies.
699	(c)  It is the further intent of the Legislature that state
700	agencies cooperate with the councils in forming interagency
701	agreements to provide the councils with authorized client
702	records so that the councils may monitor services and
703	investigate claims.
704	(2)  As used in ss. 402.164-402.167, the term:
705	(b)  "Client" means a client of the Agency for Persons with
706	Disabilities, the Agency for Health Care Administration, the
707	Department of Children and Family Services, or the Department of
708	Elderly Affairs, as defined in s. 393.063, s. 394.67, s.
709	397.311, or s. 400.960, a forensic client or client as defined
710	in s. 916.106, a child or youth as defined in s. 39.01, a child
711	as defined in s. 827.01, a family as defined in s. 414.0252, a
712	participant as defined in s. 400.551, a resident as defined in
713	s. 400.402, a Medicaid recipient or recipient as defined in s.
714	409.901, a child receiving child care as defined in s. 402.302,
715	a disabled adult as defined in s. 410.032 or s. 410.603, or a
716	victim as defined in s. 39.01 or s. 415.102 as each definition
717	applies within its respective chapter.
718	Section 10.  Subsections (2), (5), and (7) and paragraph
719	(a) of subsection (8) of section 402.165, Florida Statutes, are
720	amended to read:
721	402.165  Florida Statewide Advocacy Council; confidential
722	records and meetings.--
723	(2)  Members of the statewide council shall be appointed to
724	serve terms of 4 years, subject to termination at the pleasure
725	of the Governor prior to expiration of such period. A member may
726	not serve more than two full consecutive terms.
727	(5)(a)  Members of the statewide council shall receive no
728	compensation, but are entitled to be reimbursed for per diem and
729	travel expenses in accordance with s. 112.061.
730	(b)  The Governor shall select an executive director who
731	shall serve at the pleasure of the Governor and shall perform
732	the duties delegated to him or her by the council. The
733	compensation of the executive director and staff shall be
734	established in accordance with the rules of the Selected Exempt
735	Service. The Governor shall give priority consideration in the
736	selection of an executive director to an individual with
737	professional expertise in research design, statistical analysis,
738	or agency evaluation and analysis.
739	(c)  The council may apply for, receive, and accept grants,
740	gifts, donations, bequests, and other payments including money
741	or property, real or personal, tangible or intangible, and
742	service from any governmental or other public or private entity
743	or person and make arrangements as to the use of same.
744	(d)  The statewide council shall annually prepare a budget
745	request that, after it is approved by the council, shall be
746	submitted to the Governor. The budget shall include a request
747	for funds to carry out the activities of the statewide council
748	and the local councils.
749	(7)  The responsibilities of the statewide council include,
750	but are not limited to:
751	(a)  Serving as an independent third-party mechanism for
752	protecting the constitutional and human rights of clients within
753	programs or facilities operated, funded, or contracted by any
754	state agency that provides client services.
755	(b)  Monitoring, by site visit and through access to
756	records, the delivery and use of services, programs, or
757	facilities operated, funded, or contracted by any state agency
758	that provides client services, for the purpose of preventing
759	abuse or deprivation of the constitutional and human rights of
760	clients. The statewide council may conduct an unannounced site
761	visit or monitoring visit that involves the inspection of
762	records if the visit is conditioned upon a complaint. A
763	complaint may be generated by the council itself, after
764	consulting with the Governor's office, if information from any
765	state agency that provides client services or from other sources
766	indicates a situation at the program or facility that indicates
767	possible abuse or neglect or deprivation of the constitutional
768	and human rights of clients. The statewide council shall
769	establish and follow uniform criteria for the review of
770	information and generation of complaints. The statewide council
771	shall develop a written protocol for all complaints it generates
772	to provide the Governor's office with information including the
773	nature of the abuse or neglect, the agencies involved, the
774	populations or numbers of individuals affected, the types of
775	records necessary to complete the investigation, and a strategy
776	for approaching the problem. Routine program monitoring and
777	reviews that do not require an examination of records may be
778	made unannounced.
779	(c)  Receiving, investigating, and resolving reports of
780	abuse or deprivation of constitutional and human rights referred
781	to the statewide council by a local council. If a matter
782	constitutes a threat to the life, safety, or health of clients
783	or is multiservice-area in scope, the statewide council may
784	exercise its powers without the necessity of a referral from a
785	local council.
786	(d)  Reviewing existing programs or services and new or
787	revised programs of the state agencies that provide client
788	services and making recommendations as to how the rights of
789	clients are affected.
790	(e)  Submitting an annual report to the Legislature, no
791	later than December 30 of each calendar year, concerning
792	activities, recommendations, and complaints reviewed or
793	developed by the council during the year.
794	(f)  Conducting meetings at least once six times a year at
795	the call of the chair and at other times at the call of the
796	Governor or by written request of eight six members of the
797	council, including the executive director.
798	(g)  Developing and adopting uniform procedures to be used
799	to carry out the purpose and responsibilities of the statewide
800	council and the local councils.
801	(h)  Supervising the operations of the local councils and
802	monitoring the performance and activities of all local councils
803	and providing technical assistance to members of local councils.
804	(i)  Providing for the development and presentation of a
805	standardized training program for members of local councils.
806	(j)  Developing and maintaining interagency agreements
807	between the council and the state agencies providing client
808	services. The interagency agreements shall address the
809	coordination of efforts and identify the roles and
810	responsibilities of the statewide and local councils and each
811	agency in fulfillment of their responsibilities, including
812	access to records. The interagency agreements shall explicitly
813	define a process that the statewide and local councils shall use
814	to request records from the agency and shall define a process
815	for appeal when disputes about access to records arise between
816	agency staff and council members. Interagency agreements shall
817	be renewed annually and shall be completed and reported to the
818	Governor no later than February 1.
819	(8)(a)  In the performance of its duties, the statewide
820	council shall have:
821	1.  Authority to receive, investigate, seek to conciliate,
822	hold hearings on, and act on complaints that allege any abuse or
823	deprivation of constitutional or human rights of persons who
824	receive client services from any state agency.
825	2.  Access to all client records, files, and reports from
826	any program, service, or facility that is operated, funded, or
827	contracted by any state agency that provides client services and
828	any records that are material to its investigation and are in
829	the custody of any other agency or department of government. The
830	council's investigation or monitoring shall not impede or
831	obstruct matters under investigation by law enforcement agencies
832	or judicial authorities. Access shall not be granted if a
833	specific procedure or prohibition for reviewing records is
834	required by federal law and regulation that supersedes state
835	law. Access shall not be granted to the records of a private
836	licensed practitioner who is providing services outside the
837	state agency, or outside a state facility, and whose client is
838	competent and refuses disclosure.
839	3.  Standing to petition the circuit court for access to
840	client records that are confidential as specified by law. The
841	petition shall be filed with notice and opportunity to be heard
842	by the state agency and shall state the specific reasons for
843	which the council is seeking access and the intended use of such
844	information. The circuit court may authorize council access to
845	the records upon a finding that access is directly related to an
846	investigation regarding the possible deprivation of
847	constitutional or human rights or the abuse of a client.
848	Original client files, agency records, and reports may not be
849	removed from a state agency, but copies must be provided to the
850	council and the local councils at the agency's expense. Under no
851	circumstance shall the council have access to confidential
852	adoption records once the adoption is finalized by a court in
853	accordance with ss. 39.0132, 63.022, and 63.162. Upon completion
854	of a general investigation of practices and procedures of a
855	state agency, the statewide council shall report its findings to
856	that agency.
857	Section 11.  Section 409.1451, Florida Statutes, is amended
858	to read:
859	409.1451  Independent living transition services.--
860	(1)  SYSTEM OF SERVICES.--
861	(a)  The Department of Children and Family Services, its
862	agents, or community-based providers operating pursuant to s.
863	409.1671 shall administer a system of independent living
864	transition services to enable older children in foster care and
865	young adults who exit foster care at age 18 to make the
866	transition to self-sufficiency as adults.
867	(b)  The goals of independent living transition services
868	are to assist older children in foster care and young adults who
869	were formerly in foster care to obtain life skills and education
870	for independent living and employment, to have a quality of life
871	appropriate for their age, and to assume personal responsibility
872	for becoming self-sufficient adults.
873	(c)  State funds for foster care or federal funds shall be
874	used to establish a continuum of services for eligible children
875	in foster care and eligible young adults who were formerly in
876	foster care which accomplish the goals for the system of
877	independent living transition services by providing services for
878	foster children, pursuant to subsection (4), and services for
879	young adults who were formerly in foster care, pursuant to
880	subsection (5).
881	(d)  For children in foster care, independent living
882	transition services are not an alternative to adoption.
883	Independent living transition services may occur concurrently
884	with continued efforts to locate and achieve placement in
885	adoptive families for older children in foster care.
886	(2)  ELIGIBILITY.--
887	(a)  The department shall serve children who have reached
888	13 years of age but are not yet 18 years of age and who are in
889	foster care by providing services pursuant to subsection (4).
890	Children to be served must meet the eligibility requirements set
891	forth for specific services as provided in this section.
892	(b)  The department shall serve young adults who have
893	reached 18 years of age or were placed with a court-approved
894	nonrelative or guardian after reaching 16 years of age and have
895	spent a minimum of 6 months in foster care but are not yet 23
896	years of age and who were in foster care when they turned 18
897	years of age by providing services pursuant to subsection (5).
898	Young adults are not entitled to be served but must meet the
899	eligibility requirements set forth for specific services in this
900	section.
901	(3)  PREPARATION FOR INDEPENDENT LIVING.--
902	(a)  It is the intent of the Legislature for the Department
903	of Children and Family Services to assist older children in
904	foster care and young adults who exit foster care at age 18 in
905	making the transition to independent living and self-sufficiency
906	as adults. The department shall provide such children and young
907	adults with opportunities to participate in life skills
908	activities in their foster families and communities which are
909	reasonable and appropriate for their respective ages or for any
910	special needs they may have, and shall provide them with
911	services to build life the skills and increase their ability to
912	live independently and become self-sufficient. To support the
913	provision of opportunities for participation in age-appropriate
914	life skills activities, the department shall:
915	1.  Develop a list of age-appropriate activities and
916	responsibilities to be offered to all children involved in
917	independent living transition services and their foster parents.
918	2.  Provide training for staff and foster parents to
919	address the issues of older children in foster care in
920	transitioning to adulthood, which shall include information on
921	high school completion, grant applications, vocational school
922	opportunities, supporting education and employment
923	opportunities, and providing opportunities to participate in
924	appropriate daily activities.
925	3.  Develop procedures to maximize the authority of foster
926	parents or caregivers to approve participation in age-
927	appropriate activities of children in their care. The age-
928	appropriate activities and the authority of the foster parent or
929	caregiver shall be developed into a written plan that the foster
930	parent or caregiver, the child, and the case manager all develop
931	together, sign, and follow. This plan must include specific
932	goals and objectives and be reviewed and updated no less than
933	quarterly.
934	4.  Provide opportunities for older children in foster care
935	to interact with mentors.
936	5.  Develop and implement procedures for older children to
937	directly access and manage the personal allowance they receive
938	from the department in order to learn responsibility and
939	participate in age-appropriate life skills activities to the
940	extent feasible.
941	6.  Make a good faith effort to fully explain, prior to
942	execution of any signature, if required, any document, report,
943	form, or other record, whether written or electronic, presented
944	to a child or young adult pursuant to this chapter and allow for
945	the recipient to ask any appropriate questions necessary to
946	fully understand the document. It shall be the responsibility of
947	the person presenting the document to the child or young adult
948	to comply with this subparagraph.
949	(b)  It is further the intent of the Legislature that each
950	child in foster care, his or her foster parents, if applicable,
951	and the department or community-based provider set early
952	achievement and career goals for the child's postsecondary
953	educational and work experience. The department and community-
954	based providers shall implement the model set forth in this
955	paragraph to help ensure that children in foster care are ready
956	for postsecondary education and the workplace.
957	1.  For children in foster care who have reached 13 years
958	of age, entering the 9th grade, their foster parents, and the
959	department or community-based provider shall ensure that the
960	child's case plan includes an educational and career path be
961	active participants in choosing a post-high school goal based
962	upon both the abilities and interests of each child. The child,
963	the foster parents, and a teacher or other school staff member
964	shall be included to the fullest extent possible in developing
965	the path. The path shall be reviewed at each judicial hearing as
966	part of the case plan and goal shall accommodate the needs of
967	children served in exceptional education programs to the extent
968	appropriate for each individual. Such children may continue to
969	follow the courses outlined in the district school board student
970	progression plan. Children in foster care, with the assistance
971	of their foster parents, and the department or community-based
972	provider shall choose one of the following postsecondary goals:
973	a.  Attending a 4-year college or university, a community
974	college plus university, or a military academy;
975	b.  Receiving a 2-year postsecondary degree;
976	c.  Attaining a postsecondary career and technical
977	certificate or credential; or
978	d.  Beginning immediate employment, including
979	apprenticeship, after completion of a high school diploma or its
980	equivalent, or enlisting in the military.
981	2.  In order to assist the child in foster care in
982	achieving his or her chosen goal, the department or community-
983	based provider shall, with the participation of the child and
984	foster parents, identify:
985	a.  The core courses necessary to qualify for a chosen
986	goal.
987	b.  Any elective courses which would provide additional
988	help in reaching a chosen goal.
989	c.  The grade point requirement and any additional
990	information necessary to achieve a specific goal.
991	d.  A teacher, other school staff member, employee of the
992	department or community-based care provider, or community
993	volunteer who would be willing to work with the child as an
994	academic advocate or mentor if foster parent involvement is
995	insufficient or unavailable.
996	3.  In order to complement educational goals, the
997	department and community-based providers are encouraged to form
998	partnerships with the business community to support internships,
999	apprenticeships, or other work-related opportunities.
1000	4.  The department and community-based providers shall
1001	ensure that children in foster care and their foster parents are
1002	made aware of the postsecondary goals available and shall assist
1003	in identifying the coursework necessary to enable the child to
1004	reach the chosen goal.
1005	(c)  All children in foster care and young adults formerly
1006	in foster care are encouraged to take part in learning
1007	opportunities that result from participation in community
1008	service activities.
1009	(d)  Children in foster care and young adults formerly in
1010	foster care shall be provided with the opportunity to change
1011	from one postsecondary goal to another, and each postsecondary
1012	goal shall allow for changes in each individual's needs and
1013	preferences. Any change, particularly a change that will result
1014	in additional time required to achieve a goal, shall be made
1015	with the guidance and assistance of the department or community-
1016	based provider.
1017	(4)  SERVICES FOR CHILDREN IN FOSTER CARE.--The department
1018	shall provide the following transition to independence services
1019	to children in foster care who meet prescribed conditions and
1020	are determined eligible by the department. The service
1021	categories available to children in foster care which facilitate
1022	successful transition into adulthood are:
1023	(a)  Preindependent living services.--
1024	1.  Preindependent living services include, but are not
1025	limited to, life skills training, educational field trips, and
1026	conferences. The specific services to be provided to a child
1027	shall be determined using a preindependent living assessment.
1028	2.  A child who has reached 13 years of age but is not yet
1029	15 years of age who is in foster care is eligible for such
1030	services.
1031	3.  The department shall conduct an annual staffing for
1032	each child who has reached 13 years of age but is not yet 15
1033	years of age to ensure that the preindependent living training
1034	and services to be provided as determined by the preindependent
1035	living assessment are being received and to evaluate the
1036	progress of the child in developing the needed independent
1037	living skills.
1038	4.  At the first annual staffing that occurs following a
1039	child's 14th birthday, and at each subsequent staffing, the
1040	department or community-based provider shall ensure that the
1041	child's case plan includes an educational and career path based
1042	upon both the abilities and interests of each child and shall
1043	provide to each child detailed personalized information on
1044	services provided by the Road-to-Independence Scholarship
1045	Program, including requirements for eligibility; on other
1046	grants, scholarships, and waivers that are available and should
1047	be sought by the child with assistance from the department,
1048	including, but not limited to, the Bright Futures Scholarship
1049	Program, as provided in ss. 1009.53-1009.538; on application
1050	deadlines; and on grade requirements for such programs.
1051	5.  Information related to both the preindependent living
1052	assessment and all staffings, which shall be reduced to writing
1053	and signed by the child participant, shall be included as a part
1054	of the written report required to be provided to the court at
1055	each judicial review held pursuant to s. 39.701.
1056	(b)  Life skills services.--
1057	1.  Life skills services may include, but are not limited
1058	to, independent living skills training, including training to
1059	develop banking and budgeting skills, interviewing skills,
1060	parenting skills, and time management or organizational skills,
1061	educational support, employment training, and counseling.
1062	Children receiving these services should also be provided with
1063	information related to social security insurance benefits and
1064	public assistance. The specific services to be provided to a
1065	child shall be determined using an independent life skills
1066	assessment.
1067	2.  A child who has reached 15 years of age but is not yet
1068	18 years of age who is in foster care is eligible for such
1069	services.
1070	3.  The department shall conduct a staffing at least once
1071	every 6 months for each child who has reached 15 years of age
1072	but is not yet 18 years of age to ensure that the appropriate
1073	independent living training and services as determined by the
1074	independent life skills assessment are being received and to
1075	evaluate the progress of the child in developing the needed
1076	independent living skills.
1077	4.  The department shall provide to each child in foster
1078	care during the calendar month following the child's 17th
1079	birthday an independent living assessment to determine the
1080	child's skills and abilities to live independently and become
1081	self-sufficient. Based on the results of the independent living
1082	assessment, services and training shall be provided in order for
1083	the child to develop the necessary skills and abilities prior to
1084	the child's 18th birthday.
1085	5.  Information related to both the independent life skills
1086	assessment and all staffings, which shall be reduced to writing
1087	and signed by the child participant, shall be included as a part
1088	of the written report required to be provided to the court at
1089	each judicial review held pursuant to s. 39.701.
1090	(c)  Subsidized independent living services.--
1091	1.  Subsidized independent living services are living
1092	arrangements that allow the child to live independently of the
1093	daily care and supervision of an adult in a setting that is not
1094	required to be licensed under s. 409.175.
1095	2.  A child who has reached 16 years of age but is not yet
1096	18 years of age is eligible for such services if he or she:
1097	a.  Is adjudicated dependent under chapter 39; has been
1098	placed in licensed out-of-home care for at least 6 months prior
1099	to entering subsidized independent living; and has a permanency
1100	goal of adoption, independent living, or long-term licensed
1101	care; and
1102	b.  Is able to demonstrate independent living skills, as
1103	determined by the department, using established procedures and
1104	assessments.
1105	3.  Independent living arrangements established for a child
1106	must be part of an overall plan leading to the total
1107	independence of the child from the department's supervision. The
1108	plan must include, but need not be limited to, a description of
1109	the skills of the child and a plan for learning additional
1110	identified skills; the behavior that the child has exhibited
1111	which indicates an ability to be responsible and a plan for
1112	developing additional responsibilities, as appropriate; a plan
1113	for future educational, vocational, and training skills; present
1114	financial and budgeting capabilities and a plan for improving
1115	resources and ability; a description of the proposed residence;
1116	documentation that the child understands the specific
1117	consequences of his or her conduct in the independent living
1118	program; documentation of proposed services to be provided by
1119	the department and other agencies, including the type of service
1120	and the nature and frequency of contact; and a plan for
1121	maintaining or developing relationships with the family, other
1122	adults, friends, and the community, as appropriate.
1123	4.  Subsidy payments in an amount established by the
1124	department may be made directly to a child under the direct
1125	supervision of a caseworker or other responsible adult approved
1126	by the department.
1127	(5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER
1128	CARE.--Based on the availability of funds, the department shall
1129	provide or arrange for the following services to young adults
1130	formerly in foster care who meet the prescribed conditions and
1131	are determined eligible by the department. The department, or a
1132	community-based care lead agency when the agency is under
1133	contract with the department to provide the services described
1134	under this subsection, shall develop a plan to implement those
1135	services. A plan shall be developed for each community-based
1136	care service area in the state. Each plan that is developed by a
1137	community-based care lead agency shall be submitted to the
1138	department. Each plan shall include the number of young adults
1139	to be served each month of the fiscal year and specify the
1140	number of young adults who will reach 18 years of age who will
1141	be eligible for the plan and the number of young adults who will
1142	reach 23 years of age and will be ineligible for the plan or who
1143	are otherwise ineligible during each month of the fiscal year;
1144	staffing requirements and all related costs to administer the
1145	services and program; expenditures to or on behalf of the
1146	eligible recipients; costs of services provided to young adults
1147	through an approved plan for housing, transportation, and
1148	employment; reconciliation of these expenses and any additional
1149	related costs with the funds allocated for these services; and
1150	an explanation of and a plan to resolve any shortages or
1151	surpluses in order to end the fiscal year with a balanced
1152	budget. The categories of services available to assist a young
1153	adult formerly in foster care to achieve independence are:
1154	(a)  Aftercare support services.--
1155	1.  Aftercare support services are available to assist
1156	young adults who were formerly in foster care in their efforts
1157	to continue to develop the skills and abilities necessary for
1158	independent living. The aftercare support services available
1159	include, but are not limited to, the following:
1160	a.  Mentoring and tutoring.
1161	b.  Mental health services and substance abuse counseling.
1162	c.  Life skills classes, including credit management and
1163	preventive health activities.
1164	d.  Parenting classes.
1165	e.  Job and career skills training.
1166	f.  Counselor consultations.
1167	g.  Temporary financial assistance.
1168	h.  Financial literacy skills training.
1169
1170	The specific services to be provided under this subparagraph
1171	shall be determined by an aftercare services assessment and may
1172	be provided by the department or through referrals in the
1173	community.
1174	2.  Temporary assistance provided to prevent homelessness
1175	shall be provided as expeditiously as possible and within the
1176	limitations defined by the department.
1177	3.2.  A young adult who has reached 18 years of age but is
1178	not yet 23 years of age who leaves foster care at 18 years of
1179	age but who requests services prior to reaching 23 years of age
1180	is eligible for such services.
1181	(b)  Road-to-Independence Scholarship Program.--
1182	1.  The Road-to-Independence Scholarship Program is
1183	intended to help eligible students who are former foster
1184	children in this state to receive the educational and vocational
1185	training needed to achieve independence. The amount of the award
1186	shall be based on the living and educational needs of the young
1187	adult and may be up to, but may not exceed, the amount of
1188	earnings that the student would have been eligible to earn
1189	working a 40-hour-a-week federal minimum wage job.
1190	2.  A young adult who has reached 18 years of age but is
1191	not yet 21 years of age is eligible for the initial award, and a
1192	young adult under 23 years of age is eligible for renewal
1193	awards, if he or she:
1194	a.  Was a dependent child, under chapter 39, and was living
1195	in licensed foster care or in subsidized independent living at
1196	the time of his or her 18th birthday or is currently in licensed
1197	foster care or subsidized independent living, was adopted from
1198	foster care after reaching 16 years of age, or, after spending
1199	at least 6 months in the custody of the department after
1200	reaching 16 years of age, was placed in a guardianship by the
1201	court;
1202	b.  Spent at least 6 months living in foster care before
1203	reaching his or her 18th birthday;
1204	c.  Is a resident of this state as defined in s. 1009.40;
1205	and
1206	d.  Meets one of the following qualifications:
1207	(I)  Has earned a standard high school diploma or its
1208	equivalent as described in s. 1003.43 or s. 1003.435, or has
1209	earned a special diploma or special certificate of completion as
1210	described in s. 1003.438, and has been admitted for full-time
1211	enrollment in an eligible postsecondary education institution as
1212	defined in s. 1009.533;
1213	(II)  Is enrolled full time in an accredited high school;
1214	or
1215	(III)  Is enrolled full time in an accredited adult
1216	education program designed to provide the student with a high
1217	school diploma or its equivalent.
1218	3.  A young adult applying for the a Road-to-Independence
1219	Program Scholarship must apply for any other grants and
1220	scholarships for which he or she may qualify. The department
1221	shall assist the young adult in the application process and may
1222	use the federal financial aid grant process to determine the
1223	funding needs of the young adult.
1224	4.  An award shall be available to a young adult who is
1225	considered a full-time student or its equivalent by the
1226	educational institution in which he or she is enrolled, unless
1227	that young adult has a recognized disability preventing full-
1228	time attendance. The amount of the award, whether it is being
1229	used by a young adult working toward completion of a high school
1230	diploma or its equivalent or working toward completion of a
1231	postsecondary education program, shall be determined based on an
1232	assessment of the funding needs of the young adult. This
1233	assessment must consider the young adult's living and
1234	educational costs and other grants, scholarships, waivers,
1235	earnings, and other income to be received by the young adult. An
1236	award shall be available only to the extent that other grants
1237	and scholarships are not sufficient to meet the living and
1238	educational needs of the young adult, but an award may not be
1239	less than $25 in order to maintain Medicaid eligibility for the
1240	young adult as provided in s. 409.903.
1241	5.  The amount of the award may be disregarded for purposes
1242	of determining the eligibility for, or the amount of, any other
1243	federal or federally supported assistance.
1244	6.5.a.  The department must advertise the criteria,
1245	application procedures, and availability of the program to:
1246	(I)  Children and young adults in, leaving, or formerly in
1247	foster care.
1248	(II)  Case managers.
1249	(III)  Guidance and family services counselors.
1250	(IV)  Principals or other relevant school administrators.
1251	(V)  Guardians ad litem.
1252	(VI)  Foster parents. and must ensure that the children and
1253	young adults leaving foster care, foster parents, or family
1254	services counselors are informed of the availability of the
1255	program and the application procedures.
1256	b.  A young adult must apply for the initial award during
1257	the 6 months immediately preceding his or her 18th birthday, and
1258	the department shall provide assistance with the application
1259	process. A young adult who fails to make an initial application,
1260	but who otherwise meets the criteria for an initial award, may
1261	make one application for the initial award if the application is
1262	made before the young adult's 21st birthday. If the young adult
1263	does not apply for an initial award before his or her 18th
1264	birthday, the department shall inform that young adult of the
1265	opportunity to apply before turning 21 years of age.
1266	b.c.  If funding for the program is available, The
1267	department shall issue awards from the scholarship program for
1268	each young adult who meets all the requirements of the program
1269	to the extent funding is available.
1270	c.d.  An award shall be issued at the time the eligible
1271	student reaches 18 years of age.
1272	d.e.  A young adult who is eligible for the Road-to-
1273	Independence Program, transitional support services, or
1274	aftercare services and who so desires shall be allowed to reside
1275	with the licensed foster family or group care provider with whom
1276	he or she was residing at the time of attaining his or her 18th
1277	birthday or to reside in another licensed foster home or with a
1278	group care provider arranged by the department.
1279	e.f.  If the award recipient transfers from one eligible
1280	institution to another and continues to meet eligibility
1281	requirements, the award must be transferred with the recipient.
1282	f.g.  Scholarship Funds awarded to any eligible young adult
1283	under this program are in addition to any other services or
1284	funds provided to the young adult by the department through
1285	transitional support services or aftercare services its
1286	independent living transition services.
1287	g.h.  The department shall provide information concerning
1288	young adults receiving funding through the Road-to-Independence
1289	Program Scholarship to the Department of Education for inclusion
1290	in the student financial assistance database, as provided in s.
1291	1009.94.
1292	h.i.  Scholarship Funds are intended to help eligible young
1293	adults students who are former foster children in this state to
1294	receive the educational and vocational training needed to become
1295	independent and self-supporting. The funds shall be terminated
1296	when the young adult has attained one of four postsecondary
1297	goals under subsection (3) or reaches 23 years of age, whichever
1298	occurs earlier. In order to initiate postsecondary education, to
1299	allow for a change in career goal, or to obtain additional
1300	skills in the same educational or vocational area, a young adult
1301	may earn no more than two diplomas, certificates, or
1302	credentials. A young adult attaining an associate of arts or
1303	associate of science degree shall be permitted to work toward
1304	completion of a bachelor of arts or a bachelor of science degree
1305	or an equivalent undergraduate degree. Road-to-Independence
1306	Program Scholarship funds may not be used for education or
1307	training after a young adult has attained a bachelor of arts or
1308	a bachelor of science degree or an equivalent undergraduate
1309	degree.
1310	i.j.  The department shall evaluate and renew each award
1311	annually during the 90-day period before the young adult's
1312	birthday. In order to be eligible for a renewal award for the
1313	subsequent year, the young adult must:
1314	(I)  Complete the number of hours, or the equivalent
1315	considered full time by the educational institution, unless that
1316	young adult has a recognized disability preventing full-time
1317	attendance, in the last academic year in which the young adult
1318	earned an award a scholarship, except for a young adult who
1319	meets the requirements of s. 1009.41.
1320	(II)  Maintain appropriate progress as required by the
1321	educational institution, except that, if the young adult's
1322	progress is insufficient to renew the award scholarship at any
1323	time during the eligibility period, the young adult may restore
1324	eligibility by improving his or her progress to the required
1325	level.
1326	j.k.  Scholarship Funds may be terminated during the
1327	interim between an award and the evaluation for a renewal award
1328	if the department determines that the award recipient is no
1329	longer enrolled in an educational institution as defined in sub-
1330	subparagraph 2.d., or is no longer a state resident. The
1331	department shall notify a recipient student who is terminated
1332	and inform the recipient student of his or her right to appeal.
1333	k.l.  An award recipient who does not qualify for a renewal
1334	award or who chooses not to renew the award may subsequently
1335	apply for reinstatement. An application for reinstatement must
1336	be made before the young adult reaches 23 years of age, and a
1337	student may not apply for reinstatement more than once. In order
1338	to be eligible for reinstatement, the young adult must meet the
1339	eligibility criteria and the criteria for award renewal for the
1340	scholarship program.
1341	(c)  Transitional support services.--
1342	1.  In addition to any services provided through aftercare
1343	support or the Road-to-Independence Program Scholarship, a young
1344	adult formerly in foster care may receive other appropriate
1345	short-term funding and services, which may include financial,
1346	housing, counseling, employment, education, mental health,
1347	disability, and other services, if the young adult demonstrates
1348	that the services are critical to the young adult's own efforts
1349	to achieve self-sufficiency and to develop a personal support
1350	system. The department or community-based care provider shall
1351	work with the young adult in developing a joint transition plan
1352	that is consistent with a needs assessment identifying the
1353	specific need for transitional services to support the young
1354	adult's own efforts. The young adult must have specific tasks to
1355	complete or maintain included in the plan and be accountable for
1356	the completion of or making progress towards the completion of
1357	these tasks. If the young adult and the department or community-
1358	based care provider cannot come to agreement regarding any part
1359	of the plan, the young adult may access a grievance process to
1360	its full extent in an effort to resolve the disagreement.
1361	2.  A young adult formerly in foster care is eligible to
1362	apply for transitional support services if he or she has reached
1363	18 years of age but is not yet 23 years of age, was a dependent
1364	child pursuant to chapter 39, was living in licensed foster care
1365	or in subsidized independent living at the time of his or her
1366	18th birthday, and had spent at least 6 months living in foster
1367	care before that date.
1368	3.  If at any time the services are no longer critical to
1369	the young adult's own efforts to achieve self-sufficiency and to
1370	develop a personal support system, they shall be terminated.
1371	(d)  Payment of aftercare, Road-to-Independence Program
1372	scholarship, or transitional support funds.--
1373	1.  Payment of aftercare, Road-to-Independence Program
1374	scholarship, or transitional support funds shall be made
1375	directly to the recipient unless the recipient requests in
1376	writing to the community-based care lead agency, or the
1377	department, that the payments or a portion of the payments be
1378	made directly on the recipient's behalf in order to secure
1379	services such as housing, counseling, education, or employment
1380	training as part of the young adult's own efforts to achieve
1381	self-sufficiency.
1382	2.  After the completion of aftercare support services that
1383	satisfy the requirements of sub-subparagraph (a)1.h., payment of
1384	awards under the Road-to-Independence Program shall be made by
1385	direct deposit to the recipient, unless the recipient requests
1386	in writing to the community-based care lead agency or the
1387	department that:
1388	a.  The payments be made directly to the recipient by check
1389	or warrant;
1390	b.  The payments or a portion of the payments be made
1391	directly on the recipient's behalf to institutions the recipient
1392	is attending to maintain eligibility under this section; or
1393	c.  The payments be made on a two-party check to a business
1394	or landlord for a legitimate expense, whether reimbursed or not.
1395	A legitimate expense for the purposes of this sub-subparagraph
1396	shall include automobile repair or maintenance expenses;
1397	educational, job, or training expenses; and costs incurred,
1398	except legal costs, fines, or penalties, when applying for or
1399	executing a rental agreement for the purposes of securing a home
1400	or residence.
1401	3.  The community-based care lead agency may purchase
1402	housing, transportation, or employment services to ensure the
1403	availability and affordability of specific transitional services
1404	thereby allowing an eligible young adult to utilize these
1405	services in lieu of receiving a direct payment. Prior to
1406	purchasing such services, the community-based care lead agency
1407	must have a plan approved by the department describing the
1408	services to be purchased, the rationale for purchasing the
1409	services, and a specific range of expenses for each service that
1410	is less than the cost of purchasing the service by an individual
1411	young adult. The plan must include a description of the
1412	transition of a young adult using these services into
1413	independence and a timeframe for achievement of independence. An
1414	eligible young adult who prefers a direct payment shall receive
1415	such payment. The plan must be reviewed annually and evaluated
1416	for cost-efficiency and for effectiveness in assisting young
1417	adults in achieving independence, preventing homelessness among
1418	young adults, and enabling young adults to earn a livable wage
1419	in a permanent employment situation.
1420	4.  The young adult who resides with a foster family may
1421	not be included as a child in calculating any licensing
1422	restriction on the number of children in the foster home.
1423	(e)  Appeals process.--
1424	1.  The Department of Children and Family Services shall
1425	adopt by rule a procedure by which a young adult may appeal an
1426	eligibility determination or the department's failure to provide
1427	aftercare, Road-to-Independence Program scholarship, or
1428	transitional support services, or the termination of such
1429	services, if such funds are available.
1430	2.  The procedure developed by the department must be
1431	readily available to young adults, must provide timely
1432	decisions, and must provide for an appeal to the Secretary of
1433	Children and Family Services. The decision of the secretary
1434	constitutes final agency action and is reviewable by the court
1435	as provided in s. 120.68.
1436	(6)  ACCOUNTABILITY.--The department shall develop outcome
1437	measures for the program and other performance measures in order
1438	to maintain oversight of the program. The department shall
1439	prepare a report on the outcome measures and the department's
1440	oversight activities and submit the report to the President of
1441	the Senate, the Speaker of the House of Representatives, and the
1442	committees with jurisdiction over issues relating to children
1443	and families in the Senate and the House of Representatives no
1444	later than January 31 of each year. The report must include:
1445	(a)  An analysis of performance on the outcome measures
1446	developed under this section reported for each community-based
1447	care lead agency and compared with the performance of the
1448	department on the same measures.
1449	(b)  A description of the department's oversight of the
1450	program, including, by lead agency, any programmatic or fiscal
1451	deficiencies found, corrective actions required, and current
1452	status of compliance.
1453	(c)  Any rules adopted or proposed under this section since
1454	the last report. For the purposes of the first report, any rules
1455	adopted or proposed under this section must be included.
1456	(7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The
1457	Secretary of Children and Family Services shall establish the
1458	Independent Living Services Advisory Council for the purpose of
1459	reviewing and making recommendations concerning the
1460	implementation and operation of the independent living
1461	transition services. This advisory council shall continue to
1462	function as specified in this subsection until the Legislature
1463	determines that the advisory council can no longer provide a
1464	valuable contribution to the department's efforts to achieve the
1465	goals of the independent living transition services.
1466	(a)  Specifically, the advisory council shall assess the
1467	implementation and operation of the system of independent living
1468	transition services and advise the department on actions that
1469	would improve the ability of the independent living transition
1470	services to meet the established goals. The advisory council
1471	shall keep the department informed of problems being experienced
1472	with the services, barriers to the effective and efficient
1473	integration of services and support across systems, and
1474	successes that the system of independent living transition
1475	services has achieved. The department shall consider, but is not
1476	required to implement, the recommendations of the advisory
1477	council.
1478	(b)  The advisory council shall report to the appropriate
1479	substantive committees of the Senate and the House of
1480	Representatives on the status of the implementation of the
1481	system of independent living transition services; efforts to
1482	publicize the availability of aftercare support services, the
1483	Road-to-Independence Scholarship Program, and transitional
1484	support services; specific barriers to financial aid created by
1485	the scholarship and possible solutions; the success of the
1486	services; problems identified; recommendations for department or
1487	legislative action; and the department's implementation of the
1488	recommendations contained in the Independent Living Services
1489	Integration Workgroup Report submitted to the Senate and the
1490	House substantive committees December 31, 2002. This advisory
1491	council report shall be submitted by December 31 of each year
1492	that the council is in existence and shall be accompanied by a
1493	report from the department which identifies the recommendations
1494	of the advisory council and either describes the department's
1495	actions to implement these recommendations or provides the
1496	department's rationale for not implementing the recommendations.
1497	(c)  Members of the advisory council shall be appointed by
1498	the secretary of the department. The membership of the advisory
1499	council must include, at a minimum, representatives from the
1500	headquarters and district offices of the Department of Children
1501	and Family Services, community-based care lead agencies, the
1502	Agency for Workforce Innovation, the Department of Education,
1503	the Agency for Health Care Administration, the State Youth
1504	Advisory Board, Workforce Florida, Inc., the Statewide Guardian
1505	Ad Litem Office, foster parents, recipients of Road-to-
1506	Independence Program funding, and advocates for foster children.
1507	The secretary shall determine the length of the term to be
1508	served by each member appointed to the advisory council, which
1509	may not exceed 4 years.
1510	(d)  The Department of Children and Family Services shall
1511	provide administrative support to the Independent Living
1512	Services Advisory Council to accomplish its assigned tasks. The
1513	advisory council shall be afforded access to all appropriate
1514	data from the department, each community-based care lead agency,
1515	and other relevant agencies in order to accomplish the tasks set
1516	forth in this section. The data collected may not include any
1517	information that would identify a specific child or young adult.
1518	(8)  PERSONAL PROPERTY.--Property acquired on behalf of
1519	clients of this program shall become the personal property of
1520	the clients and is not subject to the requirements of chapter
1521	273 relating to state-owned tangible personal property. Such
1522	property continues to be subject to applicable federal laws.
1523	(9)  MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN FOSTER
1524	CARE.--The department shall enroll in the Florida KidCare
1525	program, outside the open enrollment period, each young adult
1526	who is eligible as described in paragraph (2)(b) and who has not
1527	yet reached his or her 19th birthday.
1528	(a)  A young adult who was formerly in foster care at the
1529	time of his or her 18th birthday and who is 18 years of age but
1530	not yet 19, shall pay the premium for the Florida KidCare
1531	program as required in s. 409.814.
1532	(b)  A young adult who has health insurance coverage from a
1533	third party through his or her employer or who is eligible for
1534	Medicaid is not eligible for enrollment under this subsection.
1535	(10)  RULEMAKING.--The department shall adopt by rule
1536	procedures to administer this section, including balancing the
1537	goals of normalcy and safety for the youth and providing the
1538	caregivers with as much flexibility as possible to enable the
1539	youth to participate in normal life experiences. The department
1540	shall not adopt rules relating to reductions in scholarship
1541	awards. The department shall engage in appropriate planning to
1542	prevent, to the extent possible, a reduction in scholarship
1543	awards after issuance.
1544	Section 12.  Paragraph (b) of subsection (2) of section
1545	409.175, Florida Statutes, is amended to read:
1546	409.175  Licensure of family foster homes, residential
1547	child-caring agencies, and child-placing agencies; public
1548	records exemption.--
1549	(2)  As used in this section, the term:
1550	(b)  "Boarding school" means a school which is accredited
1551	by the Florida Council of Independent Schools or the Southern
1552	Association of Colleges and Schools; which is accredited by the
1553	Council on Accreditation, the Commission on Accreditation of
1554	Rehabilitation Facilities, or the Coalition for Residential
1555	Education; and which is registered with the Department of
1556	Education as a school. Its program must follow established
1557	school schedules, with holiday breaks and summer recesses in
1558	accordance with other public and private school programs. The
1559	children in residence must customarily return to their family
1560	homes or legal guardians during school breaks and must not be in
1561	residence year-round, except that this provision does not apply
1562	to foreign students. The parents of these children retain
1563	custody and planning and financial responsibility. A boarding
1564	school currently in existence and a boarding school opening and
1565	seeking accreditation has 3 years to comply with the
1566	requirements of this paragraph. A boarding school must provide
1567	proof of accreditation or documentation of the accreditation
1568	process upon request. A boarding school that cannot produce the
1569	required documentation or that has not registered with the
1570	Department of Education shall be considered to be providing
1571	residential group care without a license. The department may
1572	impose administrative sanctions or seek civil remedies as
1573	provided under paragraph (11)(a).
1574	Section 13.  Subsection (4) of section 409.903, Florida
1575	Statutes, is amended to read:
1576	409.903  Mandatory payments for eligible persons.--The
1577	agency shall make payments for medical assistance and related
1578	services on behalf of the following persons who the department,
1579	or the Social Security Administration by contract with the
1580	Department of Children and Family Services, determines to be
1581	eligible, subject to the income, assets, and categorical
1582	eligibility tests set forth in federal and state law. Payment on
1583	behalf of these Medicaid eligible persons is subject to the
1584	availability of moneys and any limitations established by the
1585	General Appropriations Act or chapter 216.
1586	(4)  A child who is eligible under Title IV-E of the Social
1587	Security Act for subsidized board payments, foster care, or
1588	adoption subsidies, and a child for whom the state has assumed
1589	temporary or permanent responsibility and who does not qualify
1590	for Title IV-E assistance but is in foster care, shelter or
1591	emergency shelter care, or subsidized adoption. This category
1592	includes a young adult who is eligible to receive services under
1593	s. 409.1451(5), until the young adult reaches 20 years of age,
1594	without regard to any income, resource, or categorical
1595	eligibility test that is otherwise required. This category also
1596	includes a person who as a child who was eligible under Title
1597	IV-E of the Social Security Act for foster care or the state-
1598	provided foster care, who exited foster care due to attaining
1599	the age of 18 years, and who is a participant in the has been
1600	awarded a Road-to-Independence Program Scholarship.
1601	Section 14.  Section 743.045, Florida Statutes, is created
1602	to read:
1603	743.045  Removal of disabilities of minors; executing
1604	contracts for a residential lease.--For the sole purpose of
1605	ensuring that a youth in foster care will be able to execute a
1606	contract for the lease of residential property upon the youth's
1607	18th birthday, the disability of nonage of minors is removed for
1608	all youth who have reached 17 years of age, have been
1609	adjudicated dependent, and are in the legal custody of the
1610	Department of Children and Family Services through foster care
1611	or subsidized independent living. These youth are authorized to
1612	make and execute contracts, releases, and all other instruments
1613	necessary for the purpose of entering into a contract for the
1614	lease of residential property upon the youth's 18th birthday.
1615	The contracts or other instruments made by the youth shall have
1616	the same effect as though they were the obligations of persons
1617	who were not minors. A youth seeking to enter into such lease
1618	contracts or execute other necessary instruments that are
1619	incidental to entering into a lease must present an order from a
1620	court of competent jurisdiction removing the disabilities of
1621	nonage of the minor under this section.
1622	Section 15.  Paragraph (c) of subsection (2) of section
1623	1009.25, Florida Statutes, is amended to read:
1624	1009.25  Fee exemptions.--
1625	(2)  The following students are exempt from the payment of
1626	tuition and fees, including lab fees, at a school district that
1627	provides postsecondary career programs, community college, or
1628	state university:
1629	(c)  A student who the state has determined is eligible for
1630	the Road-to-Independence Scholarship, regardless of whether an
1631	award is issued or not, or a student who is or was at the time
1632	he or she reached 18 years of age in the custody of the
1633	Department of Children and Family Services or a relative under
1634	s. 39.5085, or who is adopted from the Department of Children
1635	and Family Services after May 5, 1997, or who, after spending at
1636	least 6 months in the custody of the department after reaching
1637	16 years of age, was placed in a guardianship by the court. Such
1638	exemption includes fees associated with enrollment in career-
1639	preparatory instruction and completion of the college-level
1640	communication and computation skills testing program. Such an
1641	exemption is available to any student who was in the custody of
1642	a relative under s. 39.5085 at the time he or she reached 18
1643	years of age or was adopted from the Department of Children and
1644	Family Services after May 5, 1997; however, the exemption
1645	remains valid for no more than 4 years after the date of
1646	graduation from high school.
1647	Section 16.  This act shall take effect July 1, 2006, only
1648	if a specific appropriation to fund the provisions of this act
1649	is made in the General Appropriations Act for fiscal year 2006-
1650	2007.

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