Florida Senate - 2008 SB 2508
By Senator Dockery
15-03215-08 20082508__
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A bill to be entitled
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An act relating to adult transition services; amending ss.
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juvenile justice system is eligible for services provided
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by the Department of Children and Family Services;
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amending s. 985.03, F.S.; defining the term "adult
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transition services"; creating s. 985.626, F.S.; providing
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legislative intent; requiring the Department of Juvenile
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Justice to provide adult transition services to certain
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children in their custody or care; requiring an assessment
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and adult transition plan; specifying services; requiring
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adult transitions services to be coordinating with similar
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services offered by other agencies; amending ss. 984.05
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and 985.721, F.S.; conforming cross-references; 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. Subsection (2) of section 409.145, Florida
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Statutes, is amended to read:
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409.145 Care of children.--
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(2) The following dependent children shall be subject to
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the protection, care, guidance, and supervision of the department
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or any duly licensed public or private agency:
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(a) Any child who has been temporarily or permanently taken
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from the custody of the parents, custodians, or guardians in
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accordance with those provisions in chapter 39 that relate to
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dependent children.
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(b) Any child who is in need of the protective supervision
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of the department as determined by intake or by the court in
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accordance with those provisions of chapter 39 that relate to
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dependent children.
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(c) Any child who is voluntarily placed, with the written
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consent of the parents or guardians, in the department's foster
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care program or the foster care program of a licensed private
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agency.
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This includes a child who is or has been under the custody,
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supervision, or care of the Department of Juvenile Justice and
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who otherwise falls into one of the categories provided in this
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subsection.
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Section 2. Subsection (2) of section 409.1451, Florida
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Statutes, is amended to read:
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409.1451 Independent living transition services.--
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(2) ELIGIBILITY.--
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(a) The department shall serve children who have reached 13
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years of age but are not yet 18 years of age and who are in
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foster care by providing services pursuant to subsection (4).
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This includes children who are or were under the custody,
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supervision, or care of the Department of Juvenile Justice and
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who otherwise meet the requirements of this paragraph. Children
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to be served must meet the eligibility requirements set forth for
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specific services as provided in this section.
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(b) The department shall serve young adults who have
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reached 18 years of age but are not yet 23 years of age and who
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were in foster care when they turned 18 years of age or, after
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reaching 16 years of age, were adopted from foster care or placed
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with a court-approved dependency guardian and have spent a
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minimum of 6 months in foster care within the 12 months
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immediately preceding such placement or adoption, by providing
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services pursuant to subsection (5). This includes young adults
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who are or were under the custody, supervision, or care of the
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Department of Juvenile Justice and who otherwise meet the
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requirements of this paragraph. Young adults to be served must
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meet the eligibility requirements set forth for specific services
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in this section.
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Section 3. Present subsections (4) through (57) of section
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985.03, Florida Statutes, are renumbered as subsections (5)
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through (58), respectively, and a new subsection (4) is added to
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that section, to read:
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985.03 Definitions.--As used in this chapter, the term:
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(4) "Adult transition services" means services and support
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for a youth in the custody or under the supervision of the
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department which has as its objective the acquisition of
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knowledge, skills, and aptitudes that are essential to a
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responsible, self-supporting adult life. The array of services
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provided must include:
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(a) An assessment of the youth's ability and readiness for
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adult life.
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(b) A plan for the youth to acquire knowledge, information,
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and counseling sufficient to make a successful transition to
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adulthood.
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(c) The purchase of services that are proven to be
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effective in achieving the objective of successfully
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transitioning to adulthood.
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Section 4. Section 985.626, Florida Statutes, is created to
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read:
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985.626 Adult transition services.--
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(1) The Legislature finds that older adolescents in the
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juvenile justice system are often faced with the need to support
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themselves in the very near future. The Legislature further finds
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that this can be an overwhelming task particularly if they lack
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skills to support themselves by legal means and must overcome the
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stigma of being delinquent. The Legislature therefore intends
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that the Department of Juvenile Justice provide adult transition
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services to assist juveniles in the custody of the department or
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under its supervision in acquiring the skills necessary to
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successfully transition to responsible adulthood.
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(2) The department shall provide to children, age 16 or
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older, who are currently under the department's custody,
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supervision, or care, an opportunity to participate in adult
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transition services provided by the department in commitment
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programs or in probation or conditional release programs in the
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community. To implement this program, the department shall:
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(a) Conduct an assessment of the child to determine the
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child's readiness for adult life, and to determine the skills and
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abilities the child needs to be able to live independently and
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become self-sufficient.
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(b) Based on the assessment, develop an adult transition
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plan that includes a list of goals, skills, and training needed,
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recommended services, available resources, and a proposed
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schedule of activities, which shall become a component of the
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written case plan required for all youth under the custody,
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supervision, or care of the department. The child, the child's
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parent or guardian, probation officer, or case manager, as
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appropriate, shall be encouraged to participate in the
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development of the adult transition plan and to sign and commit
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to following the plan.
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1. The department shall develop procedures to maximize the
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participation of parents or guardians in the development of the
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plan and the activities and services provided pursuant to this
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section. If a parent or guardian is unavailable or uncooperative,
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the plan shall be developed without their participation. If the
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parent or guardian is available and cooperative, the plan must
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not conflict with the parents right to nurture and train their
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child in ways that are within the law and compliant with any
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court order.
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2. The plan must describe the child's current skills and a
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plan for acquiring additional identified skills; provide a plan
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for acquiring future educational, vocational, and training
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skills; describe the child's present financial and budgeting
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capabilities and provide a plan for improving resources and
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abilities; describe a proposed residence, if applicable; propose
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services to be provided by the department and other agencies,
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including the type of service and the nature and frequency of
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contact; and provide a plan for maintaining or developing
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relationships with his or her family, other adults, friends, and
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the community, as appropriate.
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(c) Provide adult transition services that may include life
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skills training, including training to develop banking and
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budgeting skills, time management or organizational skills,
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interviewing and career planning skills, educational support,
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employment training; personal health management, and parenting
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skills, and counseling. If possible, services shall be provided
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before the child's 18th birthday.
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1. Children receiving these services should also be
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provided with information related to social security insurance
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benefits and public assistance.
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2. Services may include residential services and assistance
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that allows the child to live independently of the daily care and
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supervision of an adult in a setting that is not required to be
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licensed under s. 409.175. A child under the care or supervision
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of the department who has reached 16 years of age but is not yet
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19 years of age is eligible for such services if he or she is not
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a danger to the public safety and is able to demonstrate
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minimally sufficient skill and aptitude for living with decreased
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adult supervision, as determined by the department, using
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established procedures and assessments.
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(3) The department may contract for the provision of
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services under this section.
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(4) Adult transition services delivered under this section
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shall be coordinated with the delivery of similar services
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available from the Department of Children and Family Services
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pursuant to s. 409.1451 and from other public or private
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agencies. Court-ordered commitment or probation with the
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department is not a barrier to accessing services otherwise
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available to children who qualify under s. 409.145.
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Section 5. Section 984.05, Florida Statutes, is amended to
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read:
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984.05 Rules relating to habitual truants; adoption by
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State Board of Education and Department of Juvenile Justice.--The
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Department of Juvenile Justice and the State Board of Education
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shall work together on the development of, and shall adopt, rules
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as necessary for administering the implementation of ss.
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Section 6. Subsection (2) of section 985.721, Florida
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Statutes, is amended to read:
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985.721 Escapes from secure detention or residential
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commitment facility.--An escape from:
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(2) Any residential commitment facility described in s.
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punishment, or rehabilitation of children found to have committed
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delinquent acts or violations of law; or
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constitutes escape within the intent and meaning of s. 944.40 and
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is a felony of the third degree, punishable as provided in s.
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Section 7. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.