| 1 | A bill to be entitled |
| 2 | An act relating to independent living transition services; |
| 3 | amending s. 409.1451, F.S.; providing for family foster |
| 4 | homes, residential child-caring agencies, or other |
| 5 | authorized caregivers to be included in the development of |
| 6 | plans for activities for certain children; requiring |
| 7 | specified information to be included in a report to the |
| 8 | Legislature by the Independent Living Services Advisory |
| 9 | Council; creating s. 743.046, F.S.; providing for removal |
| 10 | of disabilities of certain minors for purposes of securing |
| 11 | utility services; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraph (a) of subsection (3) of section |
| 16 | 409.1451, Florida Statutes, is amended, and paragraph (e) is |
| 17 | added to subsection (7) of that section, to read: |
| 18 | 409.1451 Independent living transition services.-- |
| 19 | (3) PREPARATION FOR INDEPENDENT LIVING.-- |
| 20 | (a) It is the intent of the Legislature for the Department |
| 21 | of Children and Family Services to assist older children in |
| 22 | foster care and young adults who exit foster care at age 18 in |
| 23 | making the transition to independent living and self-sufficiency |
| 24 | as adults. The department shall provide such children and young |
| 25 | adults with opportunities to participate in life skills |
| 26 | activities in their foster families and communities which are |
| 27 | reasonable and appropriate for their respective ages or for any |
| 28 | special needs they may have and shall provide them with services |
| 29 | to build life skills and increase their ability to live |
| 30 | independently and become self-sufficient. To support the |
| 31 | provision of opportunities for participation in age-appropriate |
| 32 | life skills activities, the department shall: |
| 33 | 1. Develop a list of age-appropriate activities and |
| 34 | responsibilities to be offered to all children involved in |
| 35 | independent living transition services and their foster parents. |
| 36 | 2. Provide training for staff and foster parents to |
| 37 | address the issues of older children in foster care in |
| 38 | transitioning to adulthood, which shall include information on |
| 39 | high school completion, grant applications, vocational school |
| 40 | opportunities, supporting education and employment |
| 41 | opportunities, and opportunities to participate in appropriate |
| 42 | daily activities. |
| 43 | 3. Develop procedures to maximize the authority of foster |
| 44 | parents, family foster homes, residential child-caring agencies, |
| 45 | or other authorized caregivers to approve participation in age- |
| 46 | appropriate activities of children in their care. The age- |
| 47 | appropriate activities and the authority of the foster parent, |
| 48 | family foster home, residential child-caring agency, or |
| 49 | caregiver shall be developed into a written plan that the foster |
| 50 | parent, family foster home, residential child-caring agency, or |
| 51 | caregiver, the child, and the case manager all develop together, |
| 52 | sign, and follow. This plan must include specific goals and |
| 53 | objectives and be reviewed and updated no less than quarterly. |
| 54 | Foster parents, family foster homes, residential child-caring |
| 55 | agencies, or other authorized caregivers who have developed a |
| 56 | written plan as described in this subparagraph shall not be held |
| 57 | responsible under administrative rules or laws pertaining to |
| 58 | state licensure or have their licensure status in any manner |
| 59 | jeopardized as a result of the actions of a child engaged in the |
| 60 | approved age-appropriate activities specified in the written |
| 61 | plan. |
| 62 | 4. Provide opportunities for older children in foster care |
| 63 | to interact with mentors. |
| 64 | 5. Develop and implement procedures for older children to |
| 65 | directly access and manage the personal allowance they receive |
| 66 | from the department in order to learn responsibility and |
| 67 | participate in age-appropriate life skills activities to the |
| 68 | extent feasible. |
| 69 | 6. Make a good faith effort to fully explain, prior to |
| 70 | execution of any signature, if required, any document, report, |
| 71 | form, or other record, whether written or electronic, presented |
| 72 | to a child or young adult pursuant to this chapter and allow for |
| 73 | the recipient to ask any appropriate questions necessary to |
| 74 | fully understand the document. It shall be the responsibility of |
| 75 | the person presenting the document to the child or young adult |
| 76 | to comply with this subparagraph. |
| 77 | (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The |
| 78 | Secretary of Children and Family Services shall establish the |
| 79 | Independent Living Services Advisory Council for the purpose of |
| 80 | reviewing and making recommendations concerning the |
| 81 | implementation and operation of the independent living |
| 82 | transition services. This advisory council shall continue to |
| 83 | function as specified in this subsection until the Legislature |
| 84 | determines that the advisory council can no longer provide a |
| 85 | valuable contribution to the department's efforts to achieve the |
| 86 | goals of the independent living transition services. |
| 87 | (e) The advisory council report required under paragraph |
| 88 | (b) to be submitted to the substantive committees of the Senate |
| 89 | and the House of Representatives by December 31, 2008, shall |
| 90 | include an analysis of the system of independent living |
| 91 | transition services for young adults who attain 18 years of age |
| 92 | while in foster care prior to completing high school or its |
| 93 | equivalent and recommendations for department or legislative |
| 94 | action. The council shall assess and report on the most |
| 95 | effective method of assisting these young adults to complete |
| 96 | high school or its equivalent by examining the practices of |
| 97 | other states. |
| 98 | Section 2. Section 743.046, Florida Statutes, is created |
| 99 | to read: |
| 100 | 743.046 Removal of disabilities of minors; executing |
| 101 | agreements for utility services.--For the sole purpose of |
| 102 | ensuring that a youth in foster care will be able to secure |
| 103 | utility services at a residential property upon the youth's 18th |
| 104 | birthday, the disability of nonage of minors is removed for all |
| 105 | youth who have reached 17 years of age, have been adjudicated |
| 106 | dependent, and are in the legal custody of the Department of |
| 107 | Children and Family Services through foster care or subsidized |
| 108 | independent living. These youth are authorized to make and |
| 109 | execute contracts, agreements, releases, and all other |
| 110 | instruments necessary for the purpose of securing utility |
| 111 | services at a residential property upon the youth's 18th |
| 112 | birthday. The contracts or other agreements made by the youth |
| 113 | shall have the same effect as though they were the obligations |
| 114 | of persons who were not minors. A youth seeking to enter into |
| 115 | such contracts or agreements or execute other necessary |
| 116 | instruments that are incidental to securing utility services |
| 117 | must present an order from a court of competent jurisdiction |
| 118 | removing the disabilities of nonage of the minor under this |
| 119 | section. |
| 120 | Section 3. This act shall take effect July 1, 2008. |