| 1 | A bill to be entitled |
| 2 | An act relating to independent living transition services; |
| 3 | amending s. 322.09, F.S.; limiting liability of a |
| 4 | caseworker who signs an application for a driver's license |
| 5 | for a minor who is in foster care; requiring a caseworker |
| 6 | to provide notice of intent to sign the application to |
| 7 | specified persons; amending s. 409.1451, F.S.; revising |
| 8 | eligibility criteria for independent living transition |
| 9 | services; exempting foster parents and caregivers from |
| 10 | responsibility for the actions of certain children engaged |
| 11 | in activities specified in a written plan; requiring |
| 12 | certain children eligible for subsidized independent |
| 13 | living services to be formally evaluated under certain |
| 14 | circumstances; revising eligibility criteria for the Road- |
| 15 | to-Independence Program; amending s. 409.903, F.S.; |
| 16 | increasing the age limit for eligibility for certain |
| 17 | persons to qualify for medical assistance payments; |
| 18 | creating s. 743.044, F.S.; providing for the removal of |
| 19 | disabilities of certain minors for purposes of securing |
| 20 | depository financial services; providing an effective |
| 21 | date. |
| 22 |
|
| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
|
| 25 | Section 1. Section 322.09, Florida Statutes, is amended to |
| 26 | read: |
| 27 | 322.09 Application of minors; responsibility for |
| 28 | negligence or misconduct of minor.-- |
| 29 | (1)(a) The application of any person under the age of 18 |
| 30 | years for a driver's license must be signed and verified before |
| 31 | a person authorized to administer oaths by the father, mother, |
| 32 | or guardian; by a secondary guardian if the primary guardian |
| 33 | dies before the minor reaches 18 years of age; or, if there is |
| 34 | no parent or guardian, by another responsible adult who is |
| 35 | willing to assume the obligation imposed under this chapter upon |
| 36 | a person signing the application of a minor. This section does |
| 37 | not apply to a person under the age of 18 years who is |
| 38 | emancipated by marriage. |
| 39 | (b) There shall be submitted with each application a |
| 40 | certified copy of a United States birth certificate, a valid |
| 41 | United States passport, an alien registration receipt card |
| 42 | (green card), an employment authorization card issued by the |
| 43 | United States Department of Homeland Security, or proof of |
| 44 | nonimmigrant classification provided by the United States |
| 45 | Department of Homeland Security, for an original license. |
| 46 | (2) Any negligence or willful misconduct of a minor under |
| 47 | the age of 18 years when driving a motor vehicle upon a highway |
| 48 | shall be imputed to the person who has signed the application of |
| 49 | such minor for a permit or license, which person shall be |
| 50 | jointly and severally liable with such minor for any damages |
| 51 | caused by such negligence or willful misconduct. |
| 52 | (3) The department may not issue a driver's license or |
| 53 | learner's driver's license to any applicant under the age of 18 |
| 54 | years who is not in compliance with the requirements of s. |
| 55 | 322.091. |
| 56 | (4) Notwithstanding the provisions of subsections (1) and |
| 57 | (2), if a foster parent of a minor who is under the age of 18 |
| 58 | years and is in foster care as defined in s. 39.01, or an |
| 59 | authorized representative of a residential group home at which |
| 60 | such a minor resides, or the caseworker at the agency at which |
| 61 | the state has placed the minor signs the minor's application for |
| 62 | a driver's license or a learner's driver's license, that foster |
| 63 | parent, or group home representative, or caseworker does not |
| 64 | assume any obligation or become liable for any damages caused by |
| 65 | the negligence or willful misconduct of the minor, by reason of |
| 66 | having signed the application. Prior to signing the application, |
| 67 | the caseworker shall notify the foster parents or other |
| 68 | responsible party of his or her intent to sign and verify the |
| 69 | application. |
| 70 | Section 2. Paragraph (b) of subsection (2), paragraph (a) |
| 71 | of subsection (3), paragraph (c) of subsection (4), and |
| 72 | paragraph (b) of subsection (5) of section 409.1451, Florida |
| 73 | Statutes, are amended to read: |
| 74 | 409.1451 Independent living transition services.-- |
| 75 | (2) ELIGIBILITY.-- |
| 76 | (b) The department shall serve young adults who have |
| 77 | reached 18 years of age but are not yet 23 years of age and who |
| 78 | were in foster care when they turned 18 years of age or, after |
| 79 | reaching 16 years of age, were adopted from foster care or |
| 80 | placed with a court-approved dependency guardian and have spent |
| 81 | a minimum of 6 months in foster care within the 12 months |
| 82 | preceding such adoption or placement by providing services |
| 83 | pursuant to subsection (5). Young adults to be served must meet |
| 84 | the eligibility requirements set forth for specific services in |
| 85 | this section. |
| 86 | (3) PREPARATION FOR INDEPENDENT LIVING.-- |
| 87 | (a) It is the intent of the Legislature for the Department |
| 88 | of Children and Family Services to assist older children in |
| 89 | foster care and young adults who exit foster care at age 18 in |
| 90 | making the transition to independent living and self-sufficiency |
| 91 | as adults. The department shall provide such children and young |
| 92 | adults with opportunities to participate in life skills |
| 93 | activities in their foster families and communities which are |
| 94 | reasonable and appropriate for their respective ages or for any |
| 95 | special needs they may have and shall provide them with services |
| 96 | to build life skills and increase their ability to live |
| 97 | independently and become self-sufficient. To support the |
| 98 | provision of opportunities for participation in age-appropriate |
| 99 | life skills activities, the department shall: |
| 100 | 1. Develop a list of age-appropriate activities and |
| 101 | responsibilities to be offered to all children involved in |
| 102 | independent living transition services and their foster parents. |
| 103 | 2. Provide training for staff and foster parents to |
| 104 | address the issues of older children in foster care in |
| 105 | transitioning to adulthood, which shall include information on |
| 106 | high school completion, grant applications, vocational school |
| 107 | opportunities, supporting education and employment |
| 108 | opportunities, and opportunities to participate in appropriate |
| 109 | daily activities. |
| 110 | 3. Develop procedures to maximize the authority of foster |
| 111 | parents or caregivers to approve participation in age- |
| 112 | appropriate activities of children in their care. The age- |
| 113 | appropriate activities and the authority of the foster parent or |
| 114 | caregiver shall be developed into a written plan that the foster |
| 115 | parent or caregiver, the child, and the case manager all develop |
| 116 | together, sign, and follow. This plan must include specific |
| 117 | goals and objectives and be reviewed and updated no less than |
| 118 | quarterly. Foster parents or caregivers who have developed a |
| 119 | written plan as described in this subparagraph shall not be held |
| 120 | responsible under administrative rules or laws pertaining to |
| 121 | state licensure or have their licensure status in any manner |
| 122 | jeopardized as a result of the actions of a child engaged in the |
| 123 | approved age-appropriate activities specified in the written |
| 124 | plan. |
| 125 | 4. Provide opportunities for older children in foster care |
| 126 | to interact with mentors. |
| 127 | 5. Develop and implement procedures for older children to |
| 128 | directly access and manage the personal allowance they receive |
| 129 | from the department in order to learn responsibility and |
| 130 | participate in age-appropriate life skills activities to the |
| 131 | extent feasible. |
| 132 | 6. Make a good faith effort to fully explain, prior to |
| 133 | execution of any signature, if required, any document, report, |
| 134 | form, or other record, whether written or electronic, presented |
| 135 | to a child or young adult pursuant to this chapter and allow for |
| 136 | the recipient to ask any appropriate questions necessary to |
| 137 | fully understand the document. It shall be the responsibility of |
| 138 | the person presenting the document to the child or young adult |
| 139 | to comply with this subparagraph. |
| 140 | (4) SERVICES FOR CHILDREN IN FOSTER CARE.--The department |
| 141 | shall provide the following transition to independence services |
| 142 | to children in foster care who meet prescribed conditions and |
| 143 | are determined eligible by the department. The service |
| 144 | categories available to children in foster care which facilitate |
| 145 | successful transition into adulthood are: |
| 146 | (c) Subsidized independent living services.-- |
| 147 | 1. Subsidized independent living services are living |
| 148 | arrangements that allow the child to live independently of the |
| 149 | daily care and supervision of an adult in a setting that is not |
| 150 | required to be licensed under s. 409.175. |
| 151 | 2. A child who has reached 16 years of age but is not yet |
| 152 | 18 years of age is eligible for such services and shall be |
| 153 | formally evaluated for placement in a subsidized independent |
| 154 | living arrangement, if he or she: |
| 155 | a. Is adjudicated dependent under chapter 39; has been |
| 156 | placed in licensed out-of-home care for at least 6 months prior |
| 157 | to entering subsidized independent living; and has a permanency |
| 158 | goal of adoption, independent living, or long-term licensed |
| 159 | care; and |
| 160 | b. Is able to demonstrate independent living skills, as |
| 161 | determined by the department, using established procedures and |
| 162 | assessments. |
| 163 | 3. Independent living arrangements established for a child |
| 164 | must be part of an overall plan leading to the total |
| 165 | independence of the child from the department's supervision. The |
| 166 | plan must include, but need not be limited to, a description of |
| 167 | the skills of the child and a plan for learning additional |
| 168 | identified skills; the behavior that the child has exhibited |
| 169 | which indicates an ability to be responsible and a plan for |
| 170 | developing additional responsibilities, as appropriate; a plan |
| 171 | for future educational, vocational, and training skills; present |
| 172 | financial and budgeting capabilities and a plan for improving |
| 173 | resources and ability; a description of the proposed residence; |
| 174 | documentation that the child understands the specific |
| 175 | consequences of his or her conduct in the independent living |
| 176 | program; documentation of proposed services to be provided by |
| 177 | the department and other agencies, including the type of service |
| 178 | and the nature and frequency of contact; and a plan for |
| 179 | maintaining or developing relationships with the family, other |
| 180 | adults, friends, and the community, as appropriate. |
| 181 | 4. Subsidy payments in an amount established by the |
| 182 | department may be made directly to a child under the direct |
| 183 | supervision of a caseworker or other responsible adult approved |
| 184 | by the department. |
| 185 | (5) SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER |
| 186 | CARE.--Based on the availability of funds, the department shall |
| 187 | provide or arrange for the following services to young adults |
| 188 | formerly in foster care who meet the prescribed conditions and |
| 189 | are determined eligible by the department. The department, or a |
| 190 | community-based care lead agency when the agency is under |
| 191 | contract with the department to provide the services described |
| 192 | under this subsection, shall develop a plan to implement those |
| 193 | services. A plan shall be developed for each community-based |
| 194 | care service area in the state. Each plan that is developed by a |
| 195 | community-based care lead agency shall be submitted to the |
| 196 | department. Each plan shall include the number of young adults |
| 197 | to be served each month of the fiscal year and specify the |
| 198 | number of young adults who will reach 18 years of age who will |
| 199 | be eligible for the plan and the number of young adults who will |
| 200 | reach 23 years of age and will be ineligible for the plan or who |
| 201 | are otherwise ineligible during each month of the fiscal year; |
| 202 | staffing requirements and all related costs to administer the |
| 203 | services and program; expenditures to or on behalf of the |
| 204 | eligible recipients; costs of services provided to young adults |
| 205 | through an approved plan for housing, transportation, and |
| 206 | employment; reconciliation of these expenses and any additional |
| 207 | related costs with the funds allocated for these services; and |
| 208 | an explanation of and a plan to resolve any shortages or |
| 209 | surpluses in order to end the fiscal year with a balanced |
| 210 | budget. The categories of services available to assist a young |
| 211 | adult formerly in foster care to achieve independence are: |
| 212 | (b) Road-to-Independence Program.-- |
| 213 | 1. The Road-to-Independence Program is intended to help |
| 214 | eligible students who are former foster children in this state |
| 215 | to receive the educational and vocational training needed to |
| 216 | achieve independence. The amount of the award shall be based on |
| 217 | the living and educational needs of the young adult and may be |
| 218 | up to, but may not exceed, the amount of earnings that the |
| 219 | student would have been eligible to earn working a 40-hour-a- |
| 220 | week federal minimum wage job. |
| 221 | 2. A young adult who has reached 18 years of age but is |
| 222 | not yet 21 years of age is eligible for the initial award, and a |
| 223 | young adult under 23 years of age is eligible for renewal |
| 224 | awards, if he or she: |
| 225 | a. Was a dependent child, under chapter 39, and was living |
| 226 | in licensed foster care or in subsidized independent living at |
| 227 | the time of his or her 18th birthday, is currently living in |
| 228 | licensed foster care or subsidized independent living, or, after |
| 229 | reaching 16 years of age, was adopted from foster care or placed |
| 230 | with a court-approved dependency guardian and has spent a |
| 231 | minimum of 6 months in foster care within the 12 months |
| 232 | immediately preceding such adoption or placement; |
| 233 | b. Spent at least 6 months living in foster care before |
| 234 | reaching his or her 18th birthday; |
| 235 | c. Is a resident of this state as defined in s. 1009.40; |
| 236 | and |
| 237 | d. Meets one of the following qualifications: |
| 238 | (I) Has earned a standard high school diploma or its |
| 239 | equivalent as described in s. 1003.43 or s. 1003.435, or has |
| 240 | earned a special diploma or special certificate of completion as |
| 241 | described in s. 1003.438, and has been admitted for full-time |
| 242 | enrollment in an eligible postsecondary education institution as |
| 243 | defined in s. 1009.533; |
| 244 | (II) Is enrolled full time in an accredited high school; |
| 245 | or |
| 246 | (III) Is enrolled full time in an accredited adult |
| 247 | education program designed to provide the student with a high |
| 248 | school diploma or its equivalent. |
| 249 | 3. A young adult applying for the Road-to-Independence |
| 250 | Program must apply for any other grants and scholarships for |
| 251 | which he or she may qualify. The department shall assist the |
| 252 | young adult in the application process and may use the federal |
| 253 | financial aid grant process to determine the funding needs of |
| 254 | the young adult. |
| 255 | 4. An award shall be available to a young adult who is |
| 256 | considered a full-time student or its equivalent by the |
| 257 | educational institution in which he or she is enrolled, unless |
| 258 | that young adult has a recognized disability preventing full- |
| 259 | time attendance. The amount of the award, whether it is being |
| 260 | used by a young adult working toward completion of a high school |
| 261 | diploma or its equivalent or working toward completion of a |
| 262 | postsecondary education program, shall be determined based on an |
| 263 | assessment of the funding needs of the young adult. This |
| 264 | assessment must consider the young adult's living and |
| 265 | educational costs and other grants, scholarships, waivers, |
| 266 | earnings, and other income to be received by the young adult. An |
| 267 | award shall be available only to the extent that other grants |
| 268 | and scholarships are not sufficient to meet the living and |
| 269 | educational needs of the young adult, but an award may not be |
| 270 | less than $25 in order to maintain Medicaid eligibility for the |
| 271 | young adult as provided in s. 409.903. |
| 272 | 5. The amount of the award may be disregarded for purposes |
| 273 | of determining the eligibility for, or the amount of, any other |
| 274 | federal or federally supported assistance. |
| 275 | 6.a. The department must advertise the criteria, |
| 276 | application procedures, and availability of the program to: |
| 277 | (I) Children and young adults in, leaving, or formerly in |
| 278 | foster care. |
| 279 | (II) Case managers. |
| 280 | (III) Guidance and family services counselors. |
| 281 | (IV) Principals or other relevant school administrators. |
| 282 | (V) Guardians ad litem. |
| 283 | (VI) Foster parents. |
| 284 | b. The department shall issue awards from the program for |
| 285 | each young adult who meets all the requirements of the program |
| 286 | to the extent funding is available. |
| 287 | c. An award shall be issued at the time the eligible |
| 288 | student reaches 18 years of age. |
| 289 | d. A young adult who is eligible for the Road-to- |
| 290 | Independence Program, transitional support services, or |
| 291 | aftercare services and who so desires shall be allowed to reside |
| 292 | with the licensed foster family or group care provider with whom |
| 293 | he or she was residing at the time of attaining his or her 18th |
| 294 | birthday or to reside in another licensed foster home or with a |
| 295 | group care provider arranged by the department. |
| 296 | e. If the award recipient transfers from one eligible |
| 297 | institution to another and continues to meet eligibility |
| 298 | requirements, the award must be transferred with the recipient. |
| 299 | f. Funds awarded to any eligible young adult under this |
| 300 | program are in addition to any other services or funds provided |
| 301 | to the young adult by the department through transitional |
| 302 | support services or aftercare services. |
| 303 | g. The department shall provide information concerning |
| 304 | young adults receiving funding through the Road-to-Independence |
| 305 | Program to the Department of Education for inclusion in the |
| 306 | student financial assistance database, as provided in s. |
| 307 | 1009.94. |
| 308 | h. Funds are intended to help eligible young adults who |
| 309 | are former foster children in this state to receive the |
| 310 | educational and vocational training needed to become independent |
| 311 | and self-supporting. The funds shall be terminated when the |
| 312 | young adult has attained one of four postsecondary goals under |
| 313 | subsection (3) or reaches 23 years of age, whichever occurs |
| 314 | earlier. In order to initiate postsecondary education, to allow |
| 315 | for a change in career goal, or to obtain additional skills in |
| 316 | the same educational or vocational area, a young adult may earn |
| 317 | no more than two diplomas, certificates, or credentials. A young |
| 318 | adult attaining an associate of arts or associate of science |
| 319 | degree shall be permitted to work toward completion of a |
| 320 | bachelor of arts or a bachelor of science degree or an |
| 321 | equivalent undergraduate degree. Road-to-Independence Program |
| 322 | funds may not be used for education or training after a young |
| 323 | adult has attained a bachelor of arts or a bachelor of science |
| 324 | degree or an equivalent undergraduate degree. |
| 325 | i. The department shall evaluate and renew each award |
| 326 | annually during the 90-day period before the young adult's |
| 327 | birthday. In order to be eligible for a renewal award for the |
| 328 | subsequent year, the young adult must: |
| 329 | (I) Complete the number of hours, or the equivalent |
| 330 | considered full time by the educational institution, unless that |
| 331 | young adult has a recognized disability preventing full-time |
| 332 | attendance, in the last academic year in which the young adult |
| 333 | earned an award, except for a young adult who meets the |
| 334 | requirements of s. 1009.41. |
| 335 | (II) Maintain appropriate progress as required by the |
| 336 | educational institution, except that, if the young adult's |
| 337 | progress is insufficient to renew the award at any time during |
| 338 | the eligibility period, the young adult may restore eligibility |
| 339 | by improving his or her progress to the required level. |
| 340 | j. Funds may be terminated during the interim between an |
| 341 | award and the evaluation for a renewal award if the department |
| 342 | determines that the award recipient is no longer enrolled in an |
| 343 | educational institution as defined in sub-subparagraph 2.d., or |
| 344 | is no longer a state resident. The department shall notify a |
| 345 | recipient who is terminated and inform the recipient of his or |
| 346 | her right to appeal. |
| 347 | k. An award recipient who does not qualify for a renewal |
| 348 | award or who chooses not to renew the award may subsequently |
| 349 | apply for reinstatement. An application for reinstatement must |
| 350 | be made before the young adult reaches 23 years of age, and a |
| 351 | student may not apply for reinstatement more than once. In order |
| 352 | to be eligible for reinstatement, the young adult must meet the |
| 353 | eligibility criteria and the criteria for award renewal for the |
| 354 | program. |
| 355 | Section 3. Subsection (4) of section 409.903, Florida |
| 356 | Statutes, is amended to read: |
| 357 | 409.903 Mandatory payments for eligible persons.--The |
| 358 | agency shall make payments for medical assistance and related |
| 359 | services on behalf of the following persons who the department, |
| 360 | or the Social Security Administration by contract with the |
| 361 | Department of Children and Family Services, determines to be |
| 362 | eligible, subject to the income, assets, and categorical |
| 363 | eligibility tests set forth in federal and state law. Payment on |
| 364 | behalf of these Medicaid eligible persons is subject to the |
| 365 | availability of moneys and any limitations established by the |
| 366 | General Appropriations Act or chapter 216. |
| 367 | (4) A child who is eligible under Title IV-E of the Social |
| 368 | Security Act for subsidized board payments, foster care, or |
| 369 | adoption subsidies, and a child for whom the state has assumed |
| 370 | temporary or permanent responsibility and who does not qualify |
| 371 | for Title IV-E assistance but is in foster care, shelter or |
| 372 | emergency shelter care, or subsidized adoption. This category |
| 373 | includes a young adult who is eligible to receive services under |
| 374 | s. 409.1451(5), until the young adult reaches 21 20 years of |
| 375 | age, without regard to any income, resource, or categorical |
| 376 | eligibility test that is otherwise required. This category also |
| 377 | includes a person who as a child was eligible under Title IV-E |
| 378 | of the Social Security Act for foster care or the state-provided |
| 379 | foster care and who is a participant in the Road-to-Independence |
| 380 | Program. |
| 381 | Section 4. Section 743.044, Florida Statutes, is created |
| 382 | to read: |
| 383 | 743.044 Removal of disabilities of minors; executing |
| 384 | agreements for depository financial services.--For the purpose |
| 385 | of ensuring that a youth in foster care will be able to secure |
| 386 | depository financial services, such as checking and savings |
| 387 | accounts, the disability of nonage of minors shall be removed |
| 388 | provided that the youth has reached 16 years of age, has been |
| 389 | adjudicated dependent, is residing in an out-of home placement |
| 390 | as defined in s. 39.01, and has completed a financial literacy |
| 391 | class. Upon issuance of an order by a court of competent |
| 392 | jurisdiction, these youth are authorized to make and execute all |
| 393 | documents, contracts, or agreements necessary for obtaining the |
| 394 | rights, privileges, and benefits of depository financial |
| 395 | services as if the youth is otherwise competent to make and |
| 396 | execute contracts. Execution of any such contract or agreement |
| 397 | for depository financial services shall have the same effect as |
| 398 | though they were the acts of persons who were not minors. A |
| 399 | youth seeking to enter into such contracts or agreements or |
| 400 | execute other necessary instruments incidental to obtaining |
| 401 | depository financial services must present an order from a court |
| 402 | of competent jurisdiction removing the disabilities of nonage of |
| 403 | the minor under this section. |
| 404 | Section 5. This act shall take effect July 1, 2007. |