CS/HB 1215

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 a contingent
21	effective 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	(5)  Notwithstanding the provisions of subsections (1) and
71	(2), a caseworker at the agency at which the state has placed a
72	minor in foster care may sign the minor's application for a
73	driver's license if part of a court-approved transition plan.
74	Prior to signing the application, the caseworker shall notify
75	the foster parents or other responsible party of the intent to
76	sign the application. The caseworker does not assume any
77	obligation or become liable for any damages caused by the
78	negligence or willful misconduct of the minor by reason of
79	having signed the application.
80	Section 2.  Paragraph (b) of subsection (2), paragraph (a)
81	of subsection (3), paragraph (c) of subsection (4), and
82	paragraph (b) of subsection (5) of section 409.1451, Florida
83	Statutes, are amended to read:
84	409.1451  Independent living transition services.--
85	(2)  ELIGIBILITY.--
86	(b)  The department shall serve young adults who have
87	reached 18 years of age but are not yet 23 years of age and who
88	were in foster care when they turned 18 years of age or, after
89	reaching 16 years of age, were adopted from foster care or
90	placed with a court-approved dependency guardian and have spent
91	a minimum of 6 months in foster care within the 12 months
92	preceding such adoption or placement by providing services
93	pursuant to subsection (5). Young adults to be served must meet
94	the eligibility requirements set forth for specific services in
95	this section.
96	(3)  PREPARATION FOR INDEPENDENT LIVING.--
97	(a)  It is the intent of the Legislature for the Department
98	of Children and Family Services to assist older children in
99	foster care and young adults who exit foster care at age 18 in
100	making the transition to independent living and self-sufficiency
101	as adults. The department shall provide such children and young
102	adults with opportunities to participate in life skills
103	activities in their foster families and communities which are
104	reasonable and appropriate for their respective ages or for any
105	special needs they may have and shall provide them with services
106	to build life skills and increase their ability to live
107	independently and become self-sufficient. To support the
108	provision of opportunities for participation in age-appropriate
109	life skills activities, the department shall:
110	1.  Develop a list of age-appropriate activities and
111	responsibilities to be offered to all children involved in
112	independent living transition services and their foster parents.
113	2.  Provide training for staff and foster parents to
114	address the issues of older children in foster care in
115	transitioning to adulthood, which shall include information on
116	high school completion, grant applications, vocational school
117	opportunities, supporting education and employment
118	opportunities, and opportunities to participate in appropriate
119	daily activities.
120	3.  Develop procedures to maximize the authority of foster
121	parents or caregivers to approve participation in age-
122	appropriate activities of children in their care. The age-
123	appropriate activities and the authority of the foster parent or
124	caregiver shall be developed into a written plan that the foster
125	parent or caregiver, the child, and the case manager all develop
126	together, sign, and follow. This plan must include specific
127	goals and objectives and be reviewed and updated no less than
128	quarterly. Foster parents or caregivers who have developed a
129	written plan as described in this subparagraph shall not be held
130	responsible under administrative rules or laws pertaining to
131	state licensure or have their licensure status in any manner
132	jeopardized as a result of the actions of a child engaged in the
133	approved age-appropriate activities specified in the written
134	plan.
135	4.  Provide opportunities for older children in foster care
136	to interact with mentors.
137	5.  Develop and implement procedures for older children to
138	directly access and manage the personal allowance they receive
139	from the department in order to learn responsibility and
140	participate in age-appropriate life skills activities to the
141	extent feasible.
142	6.  Make a good faith effort to fully explain, prior to
143	execution of any signature, if required, any document, report,
144	form, or other record, whether written or electronic, presented
145	to a child or young adult pursuant to this chapter and allow for
146	the recipient to ask any appropriate questions necessary to
147	fully understand the document. It shall be the responsibility of
148	the person presenting the document to the child or young adult
149	to comply with this subparagraph.
150	(4)  SERVICES FOR CHILDREN IN FOSTER CARE.--The department
151	shall provide the following transition to independence services
152	to children in foster care who meet prescribed conditions and
153	are determined eligible by the department. The service
154	categories available to children in foster care which facilitate
155	successful transition into adulthood are:
156	(c)  Subsidized independent living services.--
157	1.  Subsidized independent living services are living
158	arrangements that allow the child to live independently of the
159	daily care and supervision of an adult in a setting that is not
160	required to be licensed under s. 409.175.
161	2.  A child who has reached 16 years of age but is not yet
162	18 years of age is eligible for such services and shall be
163	formally evaluated for placement in a subsidized independent
164	living arrangement, if he or she:
165	a.  Is adjudicated dependent under chapter 39; has been
166	placed in licensed out-of-home care for at least 6 months prior
167	to entering subsidized independent living; and has a permanency
168	goal of adoption, independent living, or long-term licensed
169	care; and
170	b.  Is able to demonstrate independent living skills, as
171	determined by the department, using established procedures and
172	assessments.
173	3.  Independent living arrangements established for a child
174	must be part of an overall plan leading to the total
175	independence of the child from the department's supervision. The
176	plan must include, but need not be limited to, a description of
177	the skills of the child and a plan for learning additional
178	identified skills; the behavior that the child has exhibited
179	which indicates an ability to be responsible and a plan for
180	developing additional responsibilities, as appropriate; a plan
181	for future educational, vocational, and training skills; present
182	financial and budgeting capabilities and a plan for improving
183	resources and ability; a description of the proposed residence;
184	documentation that the child understands the specific
185	consequences of his or her conduct in the independent living
186	program; documentation of proposed services to be provided by
187	the department and other agencies, including the type of service
188	and the nature and frequency of contact; and a plan for
189	maintaining or developing relationships with the family, other
190	adults, friends, and the community, as appropriate.
191	4.  Subsidy payments in an amount established by the
192	department may be made directly to a child under the direct
193	supervision of a caseworker or other responsible adult approved
194	by the department.
195	(5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER
196	CARE.--Based on the availability of funds, the department shall
197	provide or arrange for the following services to young adults
198	formerly in foster care who meet the prescribed conditions and
199	are determined eligible by the department. The department, or a
200	community-based care lead agency when the agency is under
201	contract with the department to provide the services described
202	under this subsection, shall develop a plan to implement those
203	services. A plan shall be developed for each community-based
204	care service area in the state. Each plan that is developed by a
205	community-based care lead agency shall be submitted to the
206	department. Each plan shall include the number of young adults
207	to be served each month of the fiscal year and specify the
208	number of young adults who will reach 18 years of age who will
209	be eligible for the plan and the number of young adults who will
210	reach 23 years of age and will be ineligible for the plan or who
211	are otherwise ineligible during each month of the fiscal year;
212	staffing requirements and all related costs to administer the
213	services and program; expenditures to or on behalf of the
214	eligible recipients; costs of services provided to young adults
215	through an approved plan for housing, transportation, and
216	employment; reconciliation of these expenses and any additional
217	related costs with the funds allocated for these services; and
218	an explanation of and a plan to resolve any shortages or
219	surpluses in order to end the fiscal year with a balanced
220	budget. The categories of services available to assist a young
221	adult formerly in foster care to achieve independence are:
222	(b)  Road-to-Independence Program.--
223	1.  The Road-to-Independence Program is intended to help
224	eligible students who are former foster children in this state
225	to receive the educational and vocational training needed to
226	achieve independence. The amount of the award shall be based on
227	the living and educational needs of the young adult and may be
228	up to, but may not exceed, the amount of earnings that the
229	student would have been eligible to earn working a 40-hour-a-
230	week federal minimum wage job.
231	2.  A young adult who has reached 18 years of age but is
232	not yet 21 years of age is eligible for the initial award, and a
233	young adult under 23 years of age is eligible for renewal
234	awards, if he or she:
235	a.  Was a dependent child, under chapter 39, and was living
236	in licensed foster care or in subsidized independent living at
237	the time of his or her 18th birthday, is currently living in
238	licensed foster care or subsidized independent living, or, after
239	reaching 16 years of age, was adopted from foster care or placed
240	with a court-approved dependency guardian and has spent a
241	minimum of 6 months in foster care within the 12 months
242	immediately preceding such adoption or placement;
243	b.  Spent at least 6 months living in foster care before
244	reaching his or her 18th birthday;
245	c.  Is a resident of this state as defined in s. 1009.40;
246	and
247	d.  Meets one of the following qualifications:
248	(I)  Has earned a standard high school diploma or its
249	equivalent as described in s. 1003.43 or s. 1003.435, or has
250	earned a special diploma or special certificate of completion as
251	described in s. 1003.438, and has been admitted for full-time
252	enrollment in an eligible postsecondary education institution as
253	defined in s. 1009.533;
254	(II)  Is enrolled full time in an accredited high school;
255	or
256	(III)  Is enrolled full time in an accredited adult
257	education program designed to provide the student with a high
258	school diploma or its equivalent.
259	3.  A young adult applying for the Road-to-Independence
260	Program must apply for any other grants and scholarships for
261	which he or she may qualify. The department shall assist the
262	young adult in the application process and may use the federal
263	financial aid grant process to determine the funding needs of
264	the young adult.
265	4.  An award shall be available to a young adult who is
266	considered a full-time student or its equivalent by the
267	educational institution in which he or she is enrolled, unless
268	that young adult has a recognized disability preventing full-
269	time attendance. The amount of the award, whether it is being
270	used by a young adult working toward completion of a high school
271	diploma or its equivalent or working toward completion of a
272	postsecondary education program, shall be determined based on an
273	assessment of the funding needs of the young adult. This
274	assessment must consider the young adult's living and
275	educational costs and other grants, scholarships, waivers,
276	earnings, and other income to be received by the young adult. An
277	award shall be available only to the extent that other grants
278	and scholarships are not sufficient to meet the living and
279	educational needs of the young adult, but an award may not be
280	less than $25 in order to maintain Medicaid eligibility for the
281	young adult as provided in s. 409.903.
282	5.  The amount of the award may be disregarded for purposes
283	of determining the eligibility for, or the amount of, any other
284	federal or federally supported assistance.
285	6.a.  The department must advertise the criteria,
286	application procedures, and availability of the program to:
287	(I)  Children and young adults in, leaving, or formerly in
288	foster care.
289	(II)  Case managers.
290	(III)  Guidance and family services counselors.
291	(IV)  Principals or other relevant school administrators.
292	(V)  Guardians ad litem.
293	(VI)  Foster parents.
294	b.  The department shall issue awards from the program for
295	each young adult who meets all the requirements of the program
296	to the extent funding is available.
297	c.  An award shall be issued at the time the eligible
298	student reaches 18 years of age.
299	d.  A young adult who is eligible for the Road-to-
300	Independence Program, transitional support services, or
301	aftercare services and who so desires shall be allowed to reside
302	with the licensed foster family or group care provider with whom
303	he or she was residing at the time of attaining his or her 18th
304	birthday or to reside in another licensed foster home or with a
305	group care provider arranged by the department.
306	e.  If the award recipient transfers from one eligible
307	institution to another and continues to meet eligibility
308	requirements, the award must be transferred with the recipient.
309	f.  Funds awarded to any eligible young adult under this
310	program are in addition to any other services or funds provided
311	to the young adult by the department through transitional
312	support services or aftercare services.
313	g.  The department shall provide information concerning
314	young adults receiving funding through the Road-to-Independence
315	Program to the Department of Education for inclusion in the
316	student financial assistance database, as provided in s.
317	1009.94.
318	h.  Funds are intended to help eligible young adults who
319	are former foster children in this state to receive the
320	educational and vocational training needed to become independent
321	and self-supporting. The funds shall be terminated when the
322	young adult has attained one of four postsecondary goals under
323	subsection (3) or reaches 23 years of age, whichever occurs
324	earlier. In order to initiate postsecondary education, to allow
325	for a change in career goal, or to obtain additional skills in
326	the same educational or vocational area, a young adult may earn
327	no more than two diplomas, certificates, or credentials. A young
328	adult attaining an associate of arts or associate of science
329	degree shall be permitted to work toward completion of a
330	bachelor of arts or a bachelor of science degree or an
331	equivalent undergraduate degree. Road-to-Independence Program
332	funds may not be used for education or training after a young
333	adult has attained a bachelor of arts or a bachelor of science
334	degree or an equivalent undergraduate degree.
335	i.  The department shall evaluate and renew each award
336	annually during the 90-day period before the young adult's
337	birthday. In order to be eligible for a renewal award for the
338	subsequent year, the young adult must:
339	(I)  Complete the number of hours, or the equivalent
340	considered full time by the educational institution, unless that
341	young adult has a recognized disability preventing full-time
342	attendance, in the last academic year in which the young adult
343	earned an award, except for a young adult who meets the
344	requirements of s. 1009.41.
345	(II)  Maintain appropriate progress as required by the
346	educational institution, except that, if the young adult's
347	progress is insufficient to renew the award at any time during
348	the eligibility period, the young adult may restore eligibility
349	by improving his or her progress to the required level.
350	j.  Funds may be terminated during the interim between an
351	award and the evaluation for a renewal award if the department
352	determines that the award recipient is no longer enrolled in an
353	educational institution as defined in sub-subparagraph 2.d., or
354	is no longer a state resident. The department shall notify a
355	recipient who is terminated and inform the recipient of his or
356	her right to appeal.
357	k.  An award recipient who does not qualify for a renewal
358	award or who chooses not to renew the award may subsequently
359	apply for reinstatement. An application for reinstatement must
360	be made before the young adult reaches 23 years of age, and a
361	student may not apply for reinstatement more than once. In order
362	to be eligible for reinstatement, the young adult must meet the
363	eligibility criteria and the criteria for award renewal for the
364	program.
365	Section 3.  Subsection (4) of section 409.903, Florida
366	Statutes, is amended to read:
367	409.903  Mandatory payments for eligible persons.--The
368	agency shall make payments for medical assistance and related
369	services on behalf of the following persons who the department,
370	or the Social Security Administration by contract with the
371	Department of Children and Family Services, determines to be
372	eligible, subject to the income, assets, and categorical
373	eligibility tests set forth in federal and state law. Payment on
374	behalf of these Medicaid eligible persons is subject to the
375	availability of moneys and any limitations established by the
376	General Appropriations Act or chapter 216.
377	(4)  A child who is eligible under Title IV-E of the Social
378	Security Act for subsidized board payments, foster care, or
379	adoption subsidies, and a child for whom the state has assumed
380	temporary or permanent responsibility and who does not qualify
381	for Title IV-E assistance but is in foster care, shelter or
382	emergency shelter care, or subsidized adoption. This category
383	includes a young adult who is eligible to receive services under
384	s. 409.1451(5), until the young adult reaches 21 20 years of
385	age, without regard to any income, resource, or categorical
386	eligibility test that is otherwise required. This category also
387	includes a person who as a child was eligible under Title IV-E
388	of the Social Security Act for foster care or the state-provided
389	foster care and who is a participant in the Road-to-Independence
390	Program.
391	Section 4.  Section 743.044, Florida Statutes, is created
392	to read:
393	743.044  Removal of disabilities of minors; executing
394	agreements for depository financial services.--For the purpose
395	of ensuring that a youth in foster care will be able to secure
396	depository financial services, such as checking and savings
397	accounts, the disability of nonage of minors shall be removed
398	provided that the youth has reached 16 years of age, has been
399	adjudicated dependent, is residing in an out-of home placement
400	as defined in s. 39.01, and has completed a financial literacy
401	class. Upon issuance of an order by a court of competent
402	jurisdiction, these youth are authorized to make and execute all
403	documents, contracts, or agreements necessary for obtaining the
404	rights, privileges, and benefits of depository financial
405	services as if the youth is otherwise competent to make and
406	execute contracts. Execution of any such contract or agreement
407	for depository financial services shall have the same effect as
408	though they were the acts of persons who were not minors. A
409	youth seeking to enter into such contracts or agreements or
410	execute other necessary instruments incidental to obtaining
411	depository financial services must present an order from a court
412	of competent jurisdiction removing the disabilities of nonage of
413	the minor under this section.
414	Section 5.  This act shall take effect July 1, 2007, except
415	that changes made to ss. 409.1451(2) and (5) and 409.903,
416	Florida Statutes, as amended by this act, shall take effect only
417	if a specific appropriation to fund those provisions is made in
418	the General Appropriations Act for fiscal year 2007-2008.

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