1 | A bill to be entitled |
2 | An act relating to transitional services for youth; |
3 | amending s. 985.03, F.S.; defining the term "transition to |
4 | adulthood"; creating s. 985.461, F.S.; providing |
5 | legislative intent concerning transition to adulthood |
6 | services for youth in the custody of the Department of |
7 | Juvenile Justice; providing for eligibility for services |
8 | from both departments for youth served by the department |
9 | who are legally in the custody of the Department of |
10 | Children and Family Services; providing that an |
11 | adjudication of delinquency does not, by itself, |
12 | disqualify a youth in foster care from certain services |
13 | from the Department of Children and Family Services; |
14 | providing powers and duties of the Department of Juvenile |
15 | Justice for transition services; providing for |
16 | assessments; providing for a plan for a youth leading to |
17 | independence; amending s. 985.0301, F.S.; providing for |
18 | retention of court jurisdiction over a child for a |
19 | specified period beyond the child's 19th birthday if the |
20 | child is participating in a transition to adulthood |
21 | program; providing an effective date. |
22 |
|
23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
|
25 | Section 1. Subsections (56) and (57) of section 985.03, |
26 | Florida Statutes, are renumbered as subsections (57) and (58), |
27 | respectively, and a new subsection (56) is added to that section |
28 | to read: |
29 | 985.03 Definitions.-As used in this chapter, the term: |
30 | (56) "Transition to adulthood" means services for youth in |
31 | the custody of the department or under the supervision of the |
32 | department with the objective of acquisition of knowledge, |
33 | skills, and aptitudes that are essential to pro-social, self- |
34 | supporting adult life. The services available under this |
35 | definition may include, but are not limited to: |
36 | (a) Assessment of the youth's ability and readiness for |
37 | adult life. |
38 | (b) A plan for the youth to acquire knowledge, |
39 | information, and counseling sufficient to make a successful |
40 | transition to adulthood. |
41 | (c) Services that have proven effective towards achieving |
42 | the objective of transition to adulthood. |
43 | Section 2. Section 985.461, Florida Statutes, is created |
44 | to read: |
45 | 985.461 Transition to adulthood.- |
46 | (1) The Legislature finds that older youths are faced with |
47 | the need to learn how to support themselves. Additional tasks |
48 | for these youths are to support themselves with legal means and |
49 | to overcome the stigma of being delinquent. The source in most, |
50 | but not all, cases for expediting this transition process is |
51 | parents. |
52 | (2) It is the intent of the Legislature that the |
53 | department may provide to older youths in its custody or under |
54 | its supervision opportunities to participate in transition to |
55 | adulthood services while in the department's commitment programs |
56 | or in probation or conditional release programs in the |
57 | community. These activities should be reasonable and appropriate |
58 | for the youths' respective ages or for any special needs they |
59 | may have and shall provide them with services to build life |
60 | skills and increase their ability to live independently and |
61 | become self-sufficient. |
62 | (3) Youth served by the department who are legally in the |
63 | custody of the Department of Children and Family Services, and |
64 | who entered a juvenile justice placement from a foster care |
65 | placement, remain eligible to receive services pursuant to s. |
66 | 409.1451. Court-ordered commitment or probation with the |
67 | department is not a barrier to eligibility for the array of |
68 | sources available to a youth if he or she were in dependency |
69 | foster care alone. |
70 | (4) For dependent children in the foster care system, |
71 | adjudication for delinquency may not be considered, by itself, |
72 | as disqualifying criteria for eligibility in the Independent |
73 | Living Program of the Department of Children and Family |
74 | Services. If upon exiting a departmental residential program the |
75 | youth's family abandons or deserts him or her or otherwise |
76 | refuses to resume their parental duties, the adjudication of |
77 | delinquency is not an impediment to a subsequent adjudication of |
78 | dependency and eligibility for the foster care system operated |
79 | by the Department of Children and Family Services. |
80 | (5) To support the provision of opportunities for |
81 | participation in transition to adulthood services and within |
82 | appropriated resources, the department may: |
83 | (a) Assess the child's skills and abilities to live |
84 | independently and become self-sufficient. The specific services |
85 | to be provided to a child shall be determined using an |
86 | assessment of his or her readiness for adult life. |
87 | (b) Develop a list of age-appropriate activities and |
88 | responsibilities to be incorporated in the child's written case |
89 | plan for any youth 17 years of age or older who is under the |
90 | custody or supervision of the department. Activities may |
91 | include, but are not limited to, life skills training, including |
92 | training to develop banking and budgeting skills, interviewing |
93 | and career planning skills, parenting skills, personal health |
94 | management, and time management or organizational skills; |
95 | educational support; employment training; and counseling. |
96 | (c) Provide information related to social security |
97 | insurance benefits and public assistance. |
98 | (d) Request parental or guardian permission for the youth |
99 | to participate in the transition to adulthood services. Upon |
100 | such consent, the age-appropriate activities shall be |
101 | incorporated into the youth's written case plan. This plan may |
102 | include specific goals and objectives and be reviewed and |
103 | updated at least quarterly. If the parent or guardian is |
104 | cooperative, the plan must not interfere with the parent's or |
105 | guardian's rights to nurture and train his or her child in ways |
106 | that are otherwise in compliance with the law and any court |
107 | order. |
108 | (e) Contract for transition to adulthood programs, which |
109 | include residential services and assistance, that allow for the |
110 | child to live independently of the daily care and supervision of |
111 | an adult in a setting that is not required to be licensed under |
112 | s. 409.175. A child under the care or supervision of the |
113 | department who has reached 17 years of age but is not yet 19 |
114 | years of age is eligible for such services if he or she is not a |
115 | danger to the public and is able to demonstrate at least |
116 | minimally sufficient skill and aptitude for living with |
117 | decreased adult supervision, as determined by the department, |
118 | using established procedures and assessments. |
119 | (6) For a child who is 17 years of age or older, under the |
120 | department's care or supervision, and without benefit of parents |
121 | or legal guardians capable of assisting the child in the |
122 | transition to adult life, the department may provide an |
123 | assessment to determine the child's skills and abilities to live |
124 | independently and become self-sufficient. Based on the results |
125 | of the assessment, and within existing resources, services and |
126 | training may be provided to the child to develop the necessary |
127 | skills and abilities prior to the child's 18th birthday. |
128 | (7) Services focused on the transition to adulthood for a |
129 | child must be part of an overall plan leading to the total |
130 | independence of the child from the department's supervision. The |
131 | plan must include, but need not be limited to, a description of |
132 | the skills of the child and a plan for learning additional |
133 | identified skills; the behavior that the child has exhibited |
134 | which indicates an ability to be responsible and a plan for |
135 | developing additional responsibilities, as appropriate; a plan |
136 | for future educational, vocational, and training skills; present |
137 | financial and budgeting capabilities and a plan for improving |
138 | resources and abilities; a description of the proposed |
139 | residence; documentation that the child understands the specific |
140 | consequences of his or her conduct in such a program; |
141 | documentation of proposed services to be provided by the |
142 | department and other agencies, including the type of service and |
143 | the nature and frequency of contact; and a plan for maintaining |
144 | or developing relationships with family, other adults, friends, |
145 | and the community, as appropriate. |
146 | Section 3. Paragraph (a) of subsection (5) of section |
147 | 985.0301, Florida Statutes, is amended to read: |
148 | 985.0301 Jurisdiction.- |
149 | (5)(a) Notwithstanding ss. 743.07, 985.43, 985.433, |
150 | 985.435, 985.439, and 985.441, and except as provided in ss. |
151 | 985.461, 985.465, and 985.47 and paragraph (f), when the |
152 | jurisdiction of any child who is alleged to have committed a |
153 | delinquent act or violation of law is obtained, the court shall |
154 | retain jurisdiction, unless relinquished by its order, until the |
155 | child reaches 19 years of age, with the same power over the |
156 | child that the court had prior to the child becoming an adult. |
157 | For purposes of s. 985.461, the court may retain jurisdiction |
158 | for an additional 365 days beyond the child's 19th birthday if |
159 | the child is participating in a transition to adulthood program. |
160 | Section 4. This act shall take effect July 1, 2010. |