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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; creating

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s. 743.046, F.S.; removing the disability of nonage for

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minor executing a contract for the purpose of securing

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utility services upon reaching 17 years of age; 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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1003.43 or s. 1003.435, or have not earned a special diploma or

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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.  Section 743.046, Florida Statutes, is created to

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read:

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     743.046 Removal of disabilities of minors; agreements for

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utility services.--For the sole purpose of enabling a minor in

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foster care to secure utility services at a residential property

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upon becoming an adult, the disability of nonage of minors is

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removed for all minors who have reached 17 years of age, have

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been adjudicated dependent, and are in the legal custody of the

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Department of Children and Family Services through foster care or

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subsidized independent living. Such minors may make and execute

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contracts, agreements, releases, and all other instruments

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necessary for securing utility services at a residential property

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upon becoming 17 years of age. The contracts or other agreements

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made by the minor shall have the same effect as though they were

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the obligations of persons who are adults. A minor seeking to

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enter into such contracts or agreements or execute other

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necessary instruments that are incidental to securing utility

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services must present a court order removing the disabilities of

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nonage for the purpose of this section.

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     Section 3.  This act shall take effect July 1, 2008.