Florida Senate - 2008 SB 2192
By Senator Storms
10-02962-08 20082192__
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A bill to be entitled
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An act relating to independent living preparation for
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youth in foster care; amending s. 409.1451, F.S.;
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authorizing group home provider agencies and residential
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agencies to prepare and implement developmental plans for
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children in their care; requiring the Independent Living
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Services Advisory Council to research and advise the
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Department of Children and Family Services and the
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Legislature on specific methods to reduce the number of
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youth in foster care who attain the age of 18 and do not
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acquire a high school diploma or its equivalent; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (3) and subsection
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(7) of section 409.1451, Florida Statutes, are amended to read:
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409.1451 Independent living transition services.--
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(3) PREPARATION FOR INDEPENDENT LIVING.--
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(a) It is the intent of the Legislature for the Department
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of Children and Family Services to assist older children in
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foster care and young adults who exit foster care at age 18 in
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making the transition to independent living and self-sufficiency
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as adults. The department shall provide such children and young
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adults with opportunities to participate in life skills
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activities in their foster families and communities which are
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reasonable and appropriate for their respective ages or for any
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special needs they may have and shall provide them with services
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to build life skills and increase their ability to live
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independently and become self-sufficient. To support the
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provision of opportunities for participation in age-appropriate
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life skills activities, the department shall:
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1. Develop a list of age-appropriate activities and
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responsibilities to be offered to all children involved in
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independent living transition services and their foster parents.
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2. Provide training for staff and foster parents to address
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the issues of older children in foster care in transitioning to
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adulthood, which shall include information on high school
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completion, grant applications, vocational school opportunities,
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supporting education and employment opportunities, and
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opportunities to participate in appropriate daily activities.
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3. Develop procedures to maximize the authority of foster
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parents, group home provider agencies, residential agencies, or
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other authorized caregivers to approve participation in age-
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appropriate activities of children in their care. The age-
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appropriate activities and the authority of the foster parent,
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group home provider agency, residential agency, or other
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authorized caregiver shall be developed into a written plan that
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the foster parent or caregiver, the child, and the case manager
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all develop together, sign, and follow. This plan must include
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specific goals and objectives and be reviewed and updated no less
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than quarterly. Foster parents, group home provider agencies,
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residential agencies, or other authorized caregivers who have
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developed a written plan as described in this subparagraph shall
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not be held responsible under administrative rules or laws
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pertaining to state licensure or have their licensure status in
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any manner jeopardized as a result of the actions of a child
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engaged in the approved age-appropriate activities specified in
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the written plan.
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4. Provide opportunities for older children in foster care
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to interact with mentors.
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5. Develop and implement procedures for older children to
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directly access and manage the personal allowance they receive
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from the department in order to learn responsibility and
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participate in age-appropriate life skills activities to the
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extent feasible.
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6. Make a good faith effort to fully explain, prior to
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execution of any signature, if required, any document, report,
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form, or other record, whether written or electronic, presented
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to a child or young adult pursuant to this chapter and allow for
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the recipient to ask any appropriate questions necessary to fully
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understand the document. It shall be the responsibility of the
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person presenting the document to the child or young adult to
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comply with this subparagraph.
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(7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The
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Secretary of Children and Family Services shall establish the
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Independent Living Services Advisory Council for the purpose of
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reviewing and making recommendations concerning the
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implementation and operation of the independent living transition
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services. This advisory council shall continue to function as
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specified in this subsection until the Legislature determines
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that the advisory council can no longer provide a valuable
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contribution to the department's efforts to achieve the goals of
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the independent living transition services.
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(a) Specifically, the advisory council shall assess the
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implementation and operation of the system of independent living
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transition services and advise the department on actions that
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would improve the ability of the independent living transition
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services to meet the established goals. The advisory council
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shall keep the department informed of problems being experienced
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with the services, barriers to the effective and efficient
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integration of services and support across systems, and successes
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that the system of independent living transition services has
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achieved. The department shall consider, but is not required to
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implement, the recommendations of the advisory council.
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(b) The advisory council shall report to the appropriate
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substantive committees of the Senate and the House of
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Representatives on the status of the implementation of the system
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of independent living transition services; efforts to publicize
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the availability of aftercare support services, the Road-to-
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Independence Program, and transitional support services; the
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success of the services; problems identified; recommendations for
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department or legislative action; and the department's
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implementation of the recommendations contained in the
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Independent Living Services Integration Workgroup Report
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submitted to the Senate and the House substantive committees
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December 31, 2002. This advisory council report shall be
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submitted by December 31 of each year that the council is in
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existence and shall be accompanied by a report from the
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department which identifies the recommendations of the advisory
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council and either describes the department's actions to
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implement these recommendations or provides the department's
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rationale for not implementing the recommendations.
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(c) Members of the advisory council shall be appointed by
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the secretary of the department. The membership of the advisory
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council must include, at a minimum, representatives from the
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headquarters and district offices of the Department of Children
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and Family Services, community-based care lead agencies, the
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Agency for Workforce Innovation, the Department of Education, the
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Agency for Health Care Administration, the State Youth Advisory
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Board, Workforce Florida, Inc., the Statewide Guardian Ad Litem
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Office, foster parents, recipients of Road-to-Independence
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Program funding, and advocates for foster children. The secretary
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shall determine the length of the term to be served by each
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member appointed to the advisory council, which may not exceed 4
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years.
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(d) The Department of Children and Family Services shall
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provide administrative support to the Independent Living Services
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Advisory Council to accomplish its assigned tasks. The advisory
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council shall be afforded access to all appropriate data from the
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department, each community-based care lead agency, and other
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relevant agencies in order to accomplish the tasks set forth in
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this section. The data collected may not include any information
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that would identify a specific child or young adult.
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(e) The advisory council report that is due by December 31,
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2008, shall include a specific analysis and recommendations for
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the department and the Legislature to consider regarding youth
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who have turned 18 while in foster care and who have not earned a
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standard high school diploma or its equivalent as described in s.
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special certificate of completion as described in s. 1003.438.
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The council shall consider and report on the most effective
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strategies to assist these specific young adults in completing
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high school or its equivalent through the examination of
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practices by other states, evidence-based practices, and
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promising strategies throughout this state and the country.
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Furthermore, the council shall recommend specific policy or
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statutory changes that are needed to facilitate the
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implementation of these strategies leading to the successful
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completion of high school for these specific young adults.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.