HB 1241

1
A bill to be entitled
2An act relating to independent living; amending s. 39.013,
3F.S.; requiring the court to exercise jurisdiction until a
4child is 21 years of age if the child elects to receive
5Foundations for Success services; retaining jurisdiction
6for the purpose of reviewing the child's transition and
7permanency plans and services; creating s. 39.605, F.S.;
8directing the Department of Children and Family Services
9to administer a system of independent living transition
10services to enable older children in out-of-home care to
11make the transition to self-sufficiency as adults;
12providing that the goals of independent living transition
13services are to assist older children in planning
14successful futures that lead to independence and assist
15caregivers of older children in out-of-home care to teach
16life skills to all children in their care; providing for
17eligibility to receive independent living services;
18requiring the department to provide these children with
19skills for out-of-home, independent, self-sufficient
20living; specifying the training, support, and services the
21department must give to prepare a child for independent
22living; providing for a detailed transition plan for each
23child in the program; establishing educational goals;
24requiring all children in out-of-home care to take part in
25learning opportunities that result from participation in
26community service activities; specifying services for
27children living in foster care, including preindependent
28living services, quality parenting services, performance
29accountability, and early entry into the Foundations for
30Success program; requiring the department to adopt rules
31for the independent living program; creating s. 39.911,
32F.S.; defining terms; creating s. 39.912, F.S.; requiring
33the department to provide or arrange services for the
34Pathways to Success, Foundations for Success, and
35Jumpstart to Success programs; providing for portability
36of services between counties; providing that the Pathways
37to Success program is intended to help eligible students
38who were foster children in this state to receive the
39educational and vocational training needed to achieve
40independence; providing for a stipend that is based on a
41needs assessment of the young adult's educational and
42living needs; providing for the permissible use of the
43stipend; providing for the termination of the stipend;
44authorizing eligible children to participate in the
45Foundations for Success program; describing the structure
46and operations of the two Foundations for Success
47components; detailing eligibility criteria for the
48Foundations for Success program; requiring a review of the
49child's progress on the anniversary of his or her approval
50for Foundations for Success services; providing
51eligibility for the Jumpstart to Success program;
52providing for an appeals process for any decision relating
53to the three programs; directing the department to develop
54outcome measures; requiring the department to prepare a
55report for the Legislature; specifying the contents of the
56report; requiring the department to establish the
57Independent Living Services Advisory Council; providing
58the functions and duties of the advisory council;
59requiring a report; providing for the membership of the
60advisory council; requiring the department to provide
61administrative support to the advisory council; requiring
62a report to the Legislature by a specified date; requiring
63the department to enroll eligible children in the Florida
64Kidcare program; requiring the department to adopt rules;
65amending s. 409.903, F.S., conforming a cross-reference;
66authorizing a child or young adult receiving Road-to-
67Independence or transitional support services to choose to
68terminate their existing services or continue in their
69existing services until their eligibility for that benefit
70program expires; providing an effective date.
71
72Be It Enacted by the Legislature of the State of Florida:
73
74     Section 1.  Section 39.013, Florida Statutes, is amended to
75read:
76     39.013  Procedures and jurisdiction; right to counsel.-
77     (1)  All procedures, including petitions, pleadings,
78subpoenas, summonses, and hearings, in this chapter shall be
79conducted according to the Florida Rules of Juvenile Procedure
80unless otherwise provided by law. Parents must be informed by
81the court of their right to counsel in dependency proceedings at
82each stage of the dependency proceedings. Parents who are unable
83to afford counsel must be appointed counsel.
84     (2)  The circuit court has exclusive original jurisdiction
85of all proceedings under this chapter, of a child voluntarily
86placed with a licensed child-caring agency, a licensed child-
87placing agency, or the department, and of the adoption of
88children whose parental rights have been terminated under this
89chapter. Jurisdiction attaches when a petition for an injunction
90pursuant to s. 39.504, the initial shelter petition, the
91dependency petition, or the termination of parental rights
92petition is filed or when a child is taken into the custody of
93the department. The circuit court may assume jurisdiction over
94any such proceeding regardless of whether the child was in the
95physical custody of both parents, was in the sole legal or
96physical custody of only one parent, caregiver, or some other
97person, or was in the physical or legal custody of no person
98when the event or condition occurred which that brought the
99child to the attention of the court. When the court obtains
100jurisdiction of any child who has been found to be dependent,
101the court shall retain jurisdiction, unless relinquished by its
102order, until the child reaches 18 years of age. However, if a
103youth petitions the court at any time before his or her 19th
104birthday requesting the court's continued jurisdiction, the
105juvenile court may retain jurisdiction under this chapter for a
106period not to exceed 1 year following the youth's 18th birthday
107for the purpose of determining whether appropriate aftercare
108support, Road-to-Independence Program, transitional support,
109mental health, and developmental disability services, to the
110extent otherwise authorized by law, have been provided to the
111formerly dependent child who was in the legal custody of the
112department immediately before his or her 18th birthday.
113     (3)  When any child requests, or is approved for,
114continuing Foundations for Success services pursuant to s.
11539.912, the court shall exercise jurisdiction over the child
116until the child reaches 21 years of age, or until Foundations
117for Success services are terminated. Jurisdiction of the court
118is retained for children between the ages of 18 to 21 in order
119that the court may review the child's transition and permanency
120plans and the status of the services provided. The court does
121not have jurisdiction to review the amount of the stipend
122provided to the child. The court shall hold an annual review
123hearing for children between the ages of 18 and 21 but may
124review the child's status more frequently at the request of any
125party.
126     (4)  If a petition for special immigrant juvenile status
127and an application for adjustment of status have been filed on
128behalf of a foster child and the petition and application have
129not been granted by the time the child reaches 18 years of age,
130the court may retain jurisdiction over the dependency case
131solely for the purpose of allowing the continued consideration
132of the petition and application by federal authorities. Review
133hearings for the child shall be set solely for the purpose of
134determining the status of the petition and application. The
135court's jurisdiction terminates upon the final decision of the
136federal authorities. Retention of jurisdiction in this instance
137does not affect the transitional services available to a young
138adult from the department pursuant to s. 409.175 under s.
139409.1451. The court may not retain jurisdiction of the case
140after the immigrant child's 22nd birthday.
141     (5)(3)  When a child is under the jurisdiction of the
142circuit court pursuant to this chapter, the circuit court
143assigned to handle dependency matters may exercise the general
144and equitable jurisdiction over guardianship proceedings under
145chapter 744 and proceedings for temporary custody of minor
146children by extended family under chapter 751.
147     (6)(4)  Orders entered pursuant to this chapter which
148affect the placement of, access to, parental time with, adoption
149of, or parental rights and responsibilities for a minor child
150shall take precedence over other orders entered in civil actions
151or proceedings. However, if the court has terminated
152jurisdiction, the order may be subsequently modified by a court
153of competent jurisdiction in any other civil action or
154proceeding affecting placement of, access to, parental time
155with, adoption of, or parental rights and responsibilities for
156the same minor child.
157     (7)(5)  The court shall expedite the resolution of the
158placement issue in cases involving a child who has been removed
159from the parent and placed in an out-of-home placement.
160     (8)(6)  The court shall expedite the judicial handling of
161all cases when the child has been removed from the parent and
162placed in an out-of-home placement.
163     (9)(7)  Children removed from their homes shall be provided
164equal treatment with respect to goals, objectives, services, and
165case plans, without regard to the location of their placement.
166     (10)(8)  For any child who remains in the custody of the
167department, the court shall, within the month that which
168constitutes the beginning of the 6-month period before the
169child's 18th birthday, hold a hearing to review the progress of
170the child while in the custody of the department.
171     (11)(9)(a)  At each stage of the proceedings under this
172chapter, the court shall advise the parents of the right to
173counsel. The court shall appoint counsel for indigent parents.
174The court shall ascertain whether the right to counsel is
175understood. When right to counsel is waived, the court shall
176determine whether the waiver is knowing and intelligent. The
177court shall enter its findings in writing with respect to the
178appointment or waiver of counsel for indigent parents or the
179waiver of counsel by nonindigent parents.
180     (b)  Once counsel has entered an appearance or been
181appointed by the court to represent the parent of the child, the
182attorney shall continue to represent the parent throughout the
183proceedings. If the attorney-client relationship is
184discontinued, the court shall advise the parent of the right to
185have new counsel retained or appointed for the remainder of the
186proceedings.
187     (c)1.  A waiver of counsel may not be accepted if it
188appears that the parent is unable to make an intelligent and
189understanding choice because of mental condition, age,
190education, experience, the nature or complexity of the case, or
191other factors.
192     2.  A waiver of counsel made in court must be of record.
193     3.  If a waiver of counsel is accepted at any hearing or
194proceeding, the offer of assistance of counsel must be renewed
195by the court at each subsequent stage of the proceedings at
196which the parent appears without counsel.
197     (d)  This subsection does not apply to any parent who has
198voluntarily executed a written surrender of the child and
199consents to the entry of a court order terminating parental
200rights.
201     (12)(10)  Court-appointed counsel representing indigent
202parents at shelter hearings shall be paid from state funds
203appropriated by general law.
204     (13)(11)  The court shall encourage the Statewide Guardian
205Ad Litem Office to provide greater representation to those
206children who are within 1 year of transferring out of foster
207care.
208     Section 2.  Section 39.605, Florida Statutes, is created to
209read:
210     39.605  Services to older children in out-of-home care.-
211     (1)  SYSTEM OF SERVICES.-
212     (a)  The Department of Children and Family Services, its
213agents, or community-based providers operating pursuant to s.
214409.1671 shall administer a system of independent living
215transition services to enable older children in out-of-home care
216to make the transition to self-sufficiency as adults.
217     (b)  The system for preparing children shall be
218comprehensive, measure progress, and include all the key
219participants working toward the same goals.
220     (c)  The goals of independent living transition services
221are to assist older children to plan for successful futures that
222lead to independence and to assist caregivers of older children
223in out-of-home care to teach life skills to all children in
224their care. Independent living transition services shall help
225older children establish a quality of life appropriate for their
226age and assume personal responsibility for becoming self-
227sufficient adults.
228     (d)  State and federal funds for out-of-home care shall be
229used to establish a continuum of services for eligible children
230in out-of-home care.
231     (e)  For children in out-of-home care, independent living
232transition services are not an alternative to adoption.
233Independent living transition services are never a replacement
234for the permanency goals of reunification, adoption, or
235permanent guardianship.
236     (2)  ELIGIBILITY.-Children who are at least 13 years of age
237but are not yet 18 years of age and who are in out-of-home care
238are eligible to receive preindependent living services.
239     (3)  PREPARATION FOR INDEPENDENT LIVING.-
240     (a)  It is the intent of the Legislature that the
241Department of Children and Family Services and its community-
242based providers assist children in out-of-home care to make the
243transition to independent living and self-sufficiency as adults.
244The department shall encourage the adoption of quality parenting
245initiatives that will allow children to learn age-appropriate
246life skills in their families and communities, with
247consideration for addressing the special needs of the children.
248To facilitate this process, the department shall:
249     1.  Provide caregivers the training, support, and services
250needed to allow the caregivers to teach children in out-of-home
251care the necessary life skills and to assist the children to
252build a transition to independent, self-sufficient adulthood.
253     2.  Ensure that training is provided to appropriate staff
254and out-of-home caregivers in order to address the unique issues
255of older children as they transition into adulthood. These
256issues include, but are not limited to, providing information on
257high school completion, grant applications, vocational school
258opportunities, education and employment opportunities, and
259opportunities to participate in appropriate daily activities.
260     3.  Develop procedures to maximize the authority of
261caregivers to approve a child's participation in age-appropriate
262activities for out-of-home children in their care. The age-
263appropriate activities and the authority of the caregiver to
264approve participating in such activities shall be specified in a
265written plan that the caregiver, the child, and the case manager
266develop together, sign, and follow. This plan must include
267specific goals and objectives and must be reviewed and updated
268at least quarterly. Caregivers who develop a written plan are
269not responsible for the acts of a child engaged in approved,
270age-appropriate activities identified in the plan.
271     4.  Provide opportunities for older children in out-of-home
272care to interact with mentors.
273     5.  Allow older children to directly access and manage the
274personal allowance they receive from the department in
275conjunction with training in financial literacy, budgeting, and
276banking.
277     6.  Make a good faith effort to fully explain, before the
278execution of any required signatures, the content and import of
279any document, report, form, or other record, whether written or
280electronic, presented to a child pursuant to this chapter. The
281department shall allow the child to ask appropriate questions
282necessary to fully understand the document. It is the
283responsibility of the person presenting the document to the
284child to fully comply with this subparagraph.
285     (b)  It is further the intent of the Legislature that each
286child in out-of-home care, his or her caregivers, if applicable,
287and the department or community-based provider, create a
288detailed transition plan to regularly assess and monitor the
289child's progress in developing educational, social,
290developmental, and independent living skills. The transition
291plan must set early achievement and career goals for the child's
292postsecondary educational and work experience and shall
293emphasize high school completion for each child in care, with
294consideration for children with special needs. The department
295and community-based providers shall ensure that children in out-
296of-home care complete specific educational goals and be ready
297for postsecondary education and the workplace. For public school
298students in middle school and high school, the mandatory
299educational plan outlined in ss. 1003.4156(1) and 1009.531(4)
300shall be included in the educational path required for children
301in out-of-home care. Receiving a high school diploma shall take
302precedence as an educational goal over the receipt of an
303equivalent diploma or a GED.
304     1.  The child, the child's caregivers, and the child's
305teacher or other school staff members shall be included to the
306fullest extent possible in developing the transition plan. The
307transition plan shall be reviewed at each judicial hearing as
308part of the case plan and shall accommodate the needs of
309children served in exceptional education programs. Children in
310out-of-home care, with the assistance of their caregivers and
311the department or community-based provider, shall choose one of
312the following postsecondary goals:
313     a.  Attending a 4-year college or university, a community
314college and a university, or a military academy;
315     b.  Receiving a 2-year postsecondary degree;
316     c.  Attaining a postsecondary career and technical
317certificate or credential; or
318     d.  Beginning immediate employment, including
319apprenticeship, after completion of a high school diploma or its
320equivalent, or enlisting in the military.
321     2.  In order to assist the child in out-of-home care in
322achieving his or her chosen goal, the department or community-
323based provider shall, with the participation of the child and
324the child's caregivers, identify:
325     a.  The core courses necessary to qualify for a chosen
326goal.
327     b.  Any elective courses that would provide additional help
328in reaching a chosen goal.
329     c.  The grade point requirement and any additional
330information necessary to achieve a specific goal.
331     d.  A teacher, other school staff member, employee of the
332department or community-based care provider, or community
333volunteer who would be willing to work with the child as an
334academic advocate or mentor if caregiver involvement is
335insufficient or unavailable.
336     e.  The standardized tests that are necessary in order to
337be eligible to attain future goals as well as tutoring and
338support services needed to succeed in standardized testing.
339     3.  In order to complement educational goals, the
340department and community-based providers are encouraged to form
341partnerships with the business community to support internships,
342apprenticeships, or other work-related opportunities.
343     4.  The department and community-based providers shall
344ensure that children in out-of-home care and their caregivers
345are made aware of these postsecondary goals and shall assist in
346identifying the coursework necessary to enable the child to
347reach identified goals.
348     (c)  All children in out-of-home care are required to take
349part in learning opportunities that result from participating in
350community service activities, taking into account the child's
351level of functioning and educational achievement.
352     (d)  Children in out-of-home care shall be provided with
353the opportunity to change from one postsecondary goal to
354another, and each postsecondary goal shall take into
355consideration changes in the child's needs and preferences. Any
356change, particularly a change that will require additional time
357to achieve a goal, shall be made with the guidance and
358assistance of the department or the community-based provider.
359     (4)  SERVICES FOR CHILDREN IN OUT-OF-HOME CARE.-The
360department and its community-based providers shall provide the
361following services to older children in out-of-home care who
362meet prescribed conditions and are determined eligible by the
363department.
364     (a)  Preindependent living services.-
365     1.  Although preparation for independence starts the moment
366a child enters care, regardless of age or development, the
367department shall offer preindependent living services to
368children in out-of-home care starting at the age of 13. These
369services must include, but are not limited to:
370     a.  An annual life skills assessment conducted by
371community-based providers to assess each child's competency in
372demonstrating age-appropriate and developmentally appropriate
373life skills. This assessment must include information from the
374caregiver and the child and be included in the child's
375transition plan.
376     b.  Identification by the caregiver, case manager, and
377child of needed life skills, how these skills will be taught to
378the child, and how the child's progress will be evaluated.
379     c.  The development and regular updating of a comprehensive
380transition plan that includes all of the child's annual life
381skills assessments and educational records and status, a
382description of the child's progress in acquiring life skills,
383and an individualized educational plan.
384     2.  The department shall meet with appropriate staff before
385each judicial review for each child who has reached 13 years of
386age but is not yet 17 years of age. The meeting shall include a
387review of the transition plan, particularly the most recent life
388skills assessment, and an evaluation of the progress the child
389has made acquiring the needed independent living skills. Based
390on the results of the independent living assessment, services
391and training identified in the assessment meeting shall be added
392to the child's transition plan. The revised plan shall be
393provided to the court as part of the next scheduled judicial
394review hearing.
395     3.  At the first annual assessment meeting that occurs
396after a child's 13th birthday, and at each subsequent annual
397meeting, the department or the community-based provider shall
398ensure that the child's transition plan includes an educational
399and career path based upon his or her unique abilities and
400interests. The department or community-based provider shall
401provide to each child detailed and personalized information on
402the Pathways to Success program, and the grants, scholarships,
403and tuition waivers that may be available to the child with
404assistance from the department.
405     4.  The transition plan, signed by the child participant,
406shall be included as a part of the written report required to be
407provided to the court at each judicial review held pursuant to
408s. 39.701.
409     (b)  Quality parenting services.-
410     1.  Recognizing that the child-parent learning environment
411is an effective and normal means of teaching life skills, the
412department shall provide training, services, and support to
413enable caregivers to teach independent life skills to children
414in their care, including, but not limited to, banking and
415budgeting, self-care, nutrition and food preparation, time-
416management and organization, studying, transportation, and
417interviewing and employment.
418     2.  The department shall conduct a assessment meeting at
419least once every 6 months for each child who has reached 16
420years of age but is not yet 18 years of age. The meeting shall
421ensure that the independent living training and services
422determined appropriate by the independent life skills assessment
423are being received by the child and include an evaluation of the
424progress the child is making in developing the needed
425independent living skills. The results of the independent living
426assessment meeting shall be included in the child's case plan
427and provided to the court as part of the next scheduled judicial
428review hearing.
429     3.  The department shall provide to each child in licensed
430out-of-home care during the calendar month following the child's
43117th birthday an independent living assessment to determine the
432child's skills and abilities to live independently and become
433self-sufficient. The department shall conduct a assessment
434meeting with the child and all other appropriate participants to
435review the assessment and to assist the child in developing a
436transition plan. The necessary services and training identified
437in the assessment meeting shall be included in the transition
438plan and provided to the court as part of the judicial review
439required by s. 39.701. The transition plan must be completed
440during the 90-day period before the child turns 18.
441     (c)  Performance accountability.-The department and its
442community-based providers shall establish a system that measures
443progress on the part of the child, caregivers, and providers.
444This system shall track performance in preparing the child for
445adulthood and measure progress toward and achievement of key
446self-care, social, educational, prevocational, and vocational
447skills and goals using the following:
448     1.  Starting at age 13, annual surveys of older children in
449out-of-home care designed to specifically determine the level of
450independent life skills achieved and how those skills are
451acquired.
452     2.  Annual surveys of the adult caregivers living with and
453caring for the child.
454     3.  Exit interviews for children leaving an out-of-home
455care setting where they have lived for more than 30 days.
456     4.  Related data regarding educational progress, meeting
457case planning requirements, and biennial meetings.
458     5.  Visits to the home to assess and report the child's
459progress in attaining developmental milestones and life skills.
460     (d)  Early entry into the Foundations for Success program.-
461     1.  Early entry into Foundations for Success under ss.
46239.911-39.912 allows a child to live independently of the daily
463care and supervision of an adult in a setting that may be, but
464is not required to be, licensed under s. 409.175.
465     2.  A child who has reached 16 years of age but is not yet
46618 years of age is eligible for early entry into Foundations for
467Success if he or she is:
468     a.  Adjudicated dependent under chapter 39, has been placed
469in licensed out-of-home care for at least 6 months before
470entering Foundations for Success, and has any permanency goal
471other than reunification; and
472     b.  Able to demonstrate independent living skills, as
473determined by the department, using established procedures and
474assessments.
475     3.  Early entry into Foundations for Success must be part
476of an overall plan leading to the total independence of the
477child from the department's supervision. The plan must include,
478but need not be limited to, a description of the skills of the
479child and a plan for learning additional identified skills; the
480behavior that the child has exhibited which demonstrates
481responsibility and a plan for developing additional
482responsibilities, as appropriate; a plan for future educational,
483vocational, and training skills; present financial and budgeting
484capabilities and a plan for improving resources and ability; a
485description of the proposed residence; documentation that the
486child understands the specific consequences of his or her
487conduct in the Foundations for Success program; documentation of
488proposed services to be provided by the department and other
489agencies, including the type of service and the nature and
490frequency of contact; and a plan for maintaining or developing
491relationships with the child's family, other adults, friends,
492and the community, as appropriate.
493     4.  Stipends to the child shall be determined as part of
494the Foundations for Success application and approval process.
495     (5)  RULEMAKING.-The department shall adopt by rule
496procedures to administer this section which balance the goals of
497normalcy and safety for the child and provide caregivers with
498skills that will enable the child to participate in normal life
499experiences.
500     Section 3.  Section 39.911, Florida Statutes, is created to
501read:
502     39.911  Definitions.-As used in ss. 39.911-39.912, the
503term:
504     (1)  "Child" means an individual younger than 21 years of
505age who requests Foundations for Success services, is
506adjudicated dependent, and, on his or her 18th birthday, lives
507in out-of-home care under the supervision of the department. An
508individual who meets this definition remains eligible as an
509adult for other agency programs for which the individual
510qualifies.
511     (2)  "Foundations for Success" means a program for children
512who opt into extended out-of-home care, who meet the eligibility
513criteria set forth in ss. 39.911-39.912, and who agree to
514receive case management services on at least a monthly basis.
515The following services shall be provided by the program to
516eligible children:
517     (a)  Case work.
518     (b)  Support services, to be determined by the case manager
519and the child, which are in keeping with the child's transition
520plan. These services include, but are not limited to:
521     1.  Mentoring and tutoring;
522     2.  Mental health services;
523     3.  Substance abuse treatment counseling;
524     4.  Life skills activities and classes, including financial
525literacy, credit management, and preventive health activities;
526     5.  Parenting classes;
527     6.  Job and career skills training; and
528     7.  Financial assistance in an amount to be determined by a
529needs assessment. The amount of financial assistance paid
530directly to a child participating in the Foundations for Success
531program shall be determined by the bills and expenses that the
532child must pay directly, as noted in the transition plan.
533     (c)  Housing, which includes, but is not limited to,
534licensed foster family homes, child-care institutions, and
535supervised settings.
536     (d)  Annual judicial reviews.
537     (3)  "Jumpstart to Success" means a temporary support
538system that serves young adults from their 18th birthday to
539their 21st birthday who opt out of the Foundations for Success
540program or who do not meet the eligibility criteria for Pathways
541to Success or Foundations for Success. The following services
542shall be provided by the program to eligible young adults:
543     (a)  Limited cash assistance, with the amount determined by
544a needs assessment and taking into consideration the goal of
545moving the young adult to self-sufficiency, as identified in a
546transition plan;
547     (b)  Access to an independent living counselor in the
548county in which the young adult resides, who will provide
549information and referral services upon request; and
550     (c)  Supportive services available to children in the
551Foundations for Success program.
552     (4)  "Needs assessment" means an assessment of a child's or
553young adult's need for cash assistance, through the Pathways to
554Success, Foundations for Success, or Jumpstart to Success
555programs, which considers his or her out-of-pocket educational
556expenses, including tuition, books and supplies, and necessary
557computer and other equipment; housing and utilities; daily
558living expenses, including, but not limited to, food,
559transportation, medical, dental, and vision care, and day care;
560and clothing. The needs assessment shall take into consideration
561the child's or young adult's income, both earned and unearned,
562and savings. The needs assessment shall be adjusted to consider
563any emergency needs that the child or young adult experiences.
564The department may adopt rules that provide incentives for
565earning and saving, including income and savings protection
566allowances, and further definition of, and response to,
567emergency needs.
568     (5)  "Pathways to Success" means an education program for
569eligible young adults from age 18 through age 22 who are
570attending a postsecondary institution approved by the department
571full-time and are continuing to progress toward independence
572through educational success. After a needs assessment,
573independent living assessment, and the creation of a transition
574plan, a monthly cash stipend may be offered of up to 100 percent
575of the federal minimum wage. Progress shall be reviewed annually
576for successful completion of a full-time attendance course load
577at or above a passing level.
578     (6)  "Qualifying residential facility" means a juvenile
579residential commitment or secure detention facility or an adult
580correctional facility that is owned, operated, or licensed by a
581governmental entity and that provides housing, including all
582utilities and meals.
583     (7)  "Young adult" means an individual who is at least 21
584years of age but not more than 23 years of age.
585     Section 4.  Section 39.912, Florida Statutes, is created to
586read:
587     39.912 Provision of services.-
588     (1)(a)  Based on the availability of funds, the department
589shall provide or arrange for Pathways to Success, Foundations
590for Success, and Jumpstart to Success programs for children and
591young adults who meet prescribed conditions and are determined
592eligible by the department.
593     (b)  The department or a community-based care lead agency
594shall develop a plan to implement those services. A plan must be
595developed for each community-based care service area in the
596state. Each plan that is developed by a community-based care
597lead agency shall be submitted to the department.
598     (c)  Each plan must include:
599     1.  The number of young adults to be served each month of
600the fiscal year and must specify the number of young adults who
601will reach 18 years of age and be eligible for services;
602     2.  The number of young adults who will reach 21 years of
603age and who will be eligible for Foundations to Success and
604Jumpstart to Success;
605     3.  The number of young adults in the Pathways to Success
606program who will reach 23 years of age and who will become
607ineligible for the program or who are otherwise ineligible
608during each month of the fiscal year;
609     4.  The staffing requirements and all related costs to
610administer the services and program;
611     5.  The expenditures to or on behalf of the eligible
612recipients; costs of services provided to young adults through
613an approved plan for housing, transportation, and employment;
614and reconciliation of these expenses and any additional related
615costs with the funds allocated for these services; and
616     6.  An explanation of and a plan to resolve any shortages
617or surpluses in order to end the fiscal year with a balanced
618budget.
619     (2)  The services available to assist a child or young
620adult to achieve independence must be provided through the
621Pathways to Success, Foundations for Success, or Jumpstart to
622Success programs. An eligible child or young adult may
623participate in only one program at any given time, although an
624eligible child or young adult may move from one program to
625another at any time until his or her 23rd birthday for the
626Pathways to Success program, or until his or her 21st birthday
627for the Foundations for Success and Jumpstart to Success
628programs.
629     (3)(a)  For all children or young adults who move between
630counties in this state and remain otherwise eligible for
631services, the transition plan must be modified to reflect the
632change of residence. The revised transition plan must be signed
633by the case manager from the original county where the child or
634young adult resided as well as the case manager in the receiving
635county that will provide the services outlined in the transition
636plan. The services for the child or young adult will be provided
637by the county where the young adult resides, but the services
638will be paid by the county of former residence.
639     (b)  The department may enter into an agreement with
640another state to provide independent living services to eligible
641individuals from another state, but, unless it is required to do
642so by federal law and funding is available, the department is
643not required to accept financial responsibility for the
644provision of independent living services for a child or young
645adult from another state.
646     (4)  A child or a young adult who spent a minimum of 6
647months in out-of-home care under the jurisdiction of a court in
648this state and, on his or her 18th birthday, was living in out-
649of-home care under supervision of the department is eligible for
650independent living services provided through one of the three
651independent living programs.
652     (5)  For all children or young adults who participate in
653any of the three independent living programs, a transition plan
654must be updated within 30 days after the child or young adult
655receives services or cash assistance from the independent living
656program. At each review to determine a renewal of services, the
657transition plan must be updated to reflect the child's or young
658adult's progress to ensure as complete a preparation for
659independence as possible. If necessary, the needs assessment and
660independent living assessment shall be amended as the child's or
661young adult's situation requires.
662     (6)  The Pathways to Success program is intended to help
663eligible students who are former foster children to receive the
664educational and vocational training needed to achieve
665independence. The amount of the stipend received by the
666participant shall be based on a needs assessment of the
667student's educational and living needs and may be up to, but may
668not exceed, the amount of earnings that the student would have
669been eligible to earn working a 40-hour-a-week federal minimum
670wage job.
671     (a)  A young adult who has earned a standard high school
672diploma or its equivalent, as described in s. 1003.43 or s.
6731003.435, is eligible for the Pathways to Success program if he
674or she meets the eligibility requirements for independent living
675services and is attending a postsecondary or vocational
676institution approved by the department. Full-time enrollment in
677school is required for program eligibility unless the young
678adult has a recognized disability preventing full-time
679enrollment. The department shall adopt a rule to define what
680constitutes full-time enrollment in postsecondary and vocational
681institutions.
682     (b)  A young adult is eligible to receive a stipend as a
683full-time student at an educational institution in which he or
684she is enrolled. The stipend shall be based on a needs
685assessment considering the young adult's living and educational
686costs and other grants, scholarships, waivers, earnings, and
687other income received by the young adult. A stipend is available
688only to the extent that other grants and scholarships are not
689sufficient to meet the living and educational needs of the young
690adult. The amount of the stipend may be disregarded for purposes
691of determining the eligibility for, or the amount of, any other
692federal or federally supported assistance administered by this
693state.
694     (c)  The department shall annually evaluate and renew each
695stipend during the 90-day period before the young adult's
696birthday. In order to be eligible for a renewal stipend for the
697subsequent year, the young adult must:
698     1.  Complete the required number of hours, or the
699equivalent considered full-time by the educational institution,
700unless the young adult has a recognized disability preventing
701full-time attendance, in the last academic year in which the
702young adult earned a stipend.
703     2.  Maintain appropriate progress as required by the
704educational institution.
705     3.  Make substantial progress toward meeting the goals
706outlined in the transition plan. In order to be eligible for
707reinstatement, the young adult must meet the eligibility
708criteria, create a transition plan in conjunction with the case
709manager, and meet the criteria for stipend renewal for the
710program.
711     (d)  The stipend shall be terminated when the young adult
712attains the postsecondary goals in the transition plan or
713reaches 23 years of age, whichever occurs earlier. Funds may be
714terminated during the interim between a stipend and the
715evaluation for a renewal stipend if the department determines
716that the stipend recipient is no longer enrolled in an
717educational institution. If the case manager determines that the
718young adult has disregarded eligibility criteria, failed to make
719progress toward goals within the reasonable timelines
720established in the transition plan, or provided false
721documentation, the young adult may be terminated for cause. The
722department shall notify a recipient who is terminated and inform
723the recipient of his or her right to appeal.
724     (7)  All children who meet the eligibility requirements and
725who desire to participate in the extension of out-of-home care
726services to age 21 may voluntarily opt into the Foundations For
727Success program of services.
728     (a)  Foundations For Success consists of two levels of
729services, one providing greater supervision and financial
730direction for the child and the other providing greater
731independence both as to supervision and financial direction,
732based upon the child's demonstration of progress toward
733achieving the goals identified in his or her transition plan.
734Each time a child requests Foundations For Success services, the
735case manager, in consultation with the child, shall determine
736which services are appropriate. Foundations For Success includes
737providing cash assistance paid directly to the child, with the
738amount to be determined by a needs assessment.
739     1.  A child who has not yet completed high school shall
740receive basic services. A child who wishes to continue in the
741Foundations For Success program after completing high school
742shall receive more advanced services, subject to a determination
743of and compliance with the services entry criteria described in
744the transition plan.
745     2.  Access to advanced services shall be based on a
746demonstration of an acceptable level of independence and high
747school graduation or its equivalent or successful completion of
748a trade school.
749     3.  The case manager, in consultation with the child, shall
750determine whether the child exhibits an acceptable level of
751independence to benefit from advanced services, and that
752determination must be included in the transition plan. The
753determination shall, at a minimum, consider whether the child
754will benefit from activities related to successful completion of
755financial literacy training and will comply with behavior
756standards.
757     (b)  To be eligible for Foundations For Success, the case
758manager, in consultation with the child, shall choose from the
759following mandatory activities to equal a full-time or 40-hour
760week:
761     1.  Working to complete secondary education or a program
762leading to an equivalent credential, including high school or
763preparation for a general equivalency diploma exam;
764     2.  Full-time enrollment in a university, college, or
765vocational or trade school that provides postsecondary or
766vocational education;
767     3.  Part-time enrollment in an institution that provides
768postsecondary or vocational education or a program designed to
769promote or remove barriers to employment and part-time
770employment at one or more places of employment; or
771     4.  Participation in a full-time program or activity
772designated to promote or remove barriers to employment.
773     (c)  The application process for Foundations For Success
774starts at the age of 17, although exceptionally independent
775child may apply as early as 16. Once a child's application for
776participation is approved, a transition plan shall be created at
777least 90 days before the child's 18th birthday and shall be
778approved at least 30 days before the child's 18th birthday. An
779eligibility decision regarding an application by a child who is
780no longer in out-of-home care shall be made within 10 days after
781the application is received and a transition plan shall be
782completed for the child within 30 days. Jumpstart to Success
783services may be provided to the child for the 30 days during
784which eligibility is being determined and the transition plan is
785being developed and approved.
786     (d)  There shall be a judicial review on the 1-year
787anniversary of the child's Foundations For Success application
788approval date. The court shall review the child's progress
789toward achieving independence, with reference to the specific
790goals and activities in the transition plan. The court shall
791also review the child's progress toward achieving permanent
792connections with adults. There shall be an administrative
793review, as defined by the department in rule, at the 6-month
794anniversary of the child receiving the Foundations For Success
795stipends. The administrative review shall include a
796determination of the child's progress toward achieving
797independence, with reference to the specific goals and
798activities in the transition plan.
799     (e)  Foundations For Success services, including any direct
800cash assistance, shall be awarded for a 6-month period and may
801be renewed in 6-month increments. In order to be eligible for
802Foundations For Success renewal, the child must make substantial
803progress toward the goals outlined in the transition plan, as
804determined during the judicial or administrative review.
805     (f)  The transition plan shall include specific activities
806and goals for the child which are crucial to achieving
807independence, taking into account the child's specific
808circumstances. The activities and goals shall include timeframes
809for completion of specific activities, and must include
810indicators of progress for any activities that will continue
811beyond the Foundations For Success stipend period. At any time
812during the Foundations For Success stipend period, the case
813manager or child may request a reevaluation and modification of
814the chosen eligibility activity or goals and progress
815indicators.
816     (g)  If at any point the child is determined to have
817disregarded eligibility criteria, failed to make progress toward
818goals within the reasonable timelines established in his or her
819transition plan, or provided false documentation, the child may
820be terminated for cause. The department shall notify a child who
821is terminated and inform the child of his or her right to
822appeal. During the process of court review, the child may
823receive Jumpstart to Success services until a determination has
824been reached. The child shall be terminated from the program on
825his or her 21st birthday or in accordance with the provisions of
826this section.
827     (8)  A child who meets the eligibility requirements may
828voluntarily opt into the Jumpstart to Success program. An
829eligible child may opt into this program at any time until his
830or her 21st birthday; however, the Jumpstart to Success program
831is limited to a total of 12 cumulative months between the ages
832of 18 and 21. In extenuating circumstances, Jumpstart to Success
833services may be extended to the young adult's 23rd birthday or a
834total of 18 cumulative months. If a child requests entry into
835Foundations for Success after his or her 18th birthday and does
836not have a current transition plan, any cash assistance that is
837provided under Jumpstart to Success until the transition plan is
838developed does not count toward these time limitations.
839     (a)  After the child submits the application for Jumpstart
840to Success services, the department shall, within 3 business
841days, determine if child is eligible for Jumpstart to Success
842services and what services will be offered to him or her. For
843Jumpstart to Success services offered beyond 30 days, a
844transition plan is required. If no agreement on a transition
845plan has been reached within 30 days, Jumpstart to Success
846services are limited to a 30-day period. If necessary and
847available, community services and emergency cash assistance may
848be provided.
849     (b)  The case manager will evaluate renewing Jumpstart to
850Success services according to the specifications of each child's
851individualized transition plan. As long as the case manager
852determines the child to be showing substantial compliance in
853completing the goals outlined in the transition plan, Jumpstart
854to Success services may be continued and renewed up to 12
855months, or 18 months in extenuating circumstances only. If the
856case manager finds that the child is not in substantial
857compliance with the transition plan, the child may be denied a
858continuation of services. The department shall notify a child
859who is terminated and inform the child of his or her right to
860appeal.
861     (9)(a)1.  If the child is under the jurisdiction of the
862court, the child shall appeal all adverse decisions to the
863court. Any appeal challenging the amount of any stipend to be
864paid to the child and any appeal objecting to a decision that
865the child is not eligible for termination of program services
866shall be decided solely by the court.
867     2.  For a child or young adult who is not under the
868jurisdiction of the court, the department shall adopt by rule a
869procedure by which the child may appeal a decision finding that
870the child is not eligible for services, that the department has
871failed to provide the services promised, or that the department
872has unfairly terminated the child's access to the Pathways to
873Success, Foundations for Success, or Jumpstart to Success
874program services.
875     (b)  Whenever cash assistance continues to be paid to a
876child or young adult through the Jumpstart to Success program
877pending a due process hearing, upon a ruling in favor of the
878department, the months for which this assistance is paid shall
879count against the time limitations for receipt of Jumpstart to
880Success cash assistance.
881     (10)  The department shall develop outcome and other
882performance measures for the independent living program. The
883department shall prepare a report on the outcome measures and
884the department's oversight activities and submit the report to
885the President of the Senate, the Speaker of the House of
886Representatives, and the legislative committees in both houses
887having jurisdiction over issues relating to children and
888families by January 31 of each year. The report must include:
889     (a)  An analysis of performance on the outcome measures
890developed under this section, reported for each community-based
891care lead agency and compared with the performance of the
892department on the same measures.
893     (b)  A description of the department's oversight of the
894program, including, by lead agency, any programmatic or fiscal
895deficiencies found and corrective actions required and the
896current status of compliance.
897     (c)  Any rules adopted or proposed under this section since
898the last report. For the purposes of the first report, any rules
899adopted or proposed under this section must be included.
900     (11)  The Secretary of Children and Family Services shall
901establish the Independent Living Services Advisory Council. The
902council shall review the independent living program and make
903recommendations concerning the implementation and operation of
904independent living transition services. The advisory council
905shall continue to function until the Legislature determines that
906the advisory council is no longer necessary and beneficial to
907the furtherance of the department's efforts to achieve the goals
908of the independent living transition services.
909     (a)  The advisory council shall:
910     1.  Assess the implementation and operation of the system
911of independent living transition services and advise the
912department on actions that would improve the ability of the
913independent living transition services to meet established
914goals. The advisory council shall keep the department informed
915of problems with service delivery, barriers to the effective and
916efficient integration of services and support across systems,
917and successes.
918     2.  Report to the secretary on the status of the
919implementation of the system of independent living transition
920services; efforts to publicize the availability of aftercare
921support services, the Road-to-Independence Program, and
922transitional support services; the success of the services;
923problems identified; recommendations for department or
924legislative action; and the department's implementation of the
925recommendations contained in the Independent Living Services
926Integration Workgroup Report submitted to the Legislature on
927December 31, 2002. The department shall submit a report by
928December 31 of each year to the Governor, the President of the
929Senate, and the Speaker of the House of Representatives which
930includes a summary of the factors reported on by the council,
931identifies the recommendations of the advisory council, and
932describes the department's actions to implement the
933recommendations or provides the department's rationale for not
934implementing the recommendations.
935     (b)  Members of the advisory council shall be appointed by
936the secretary of the department. The membership of the advisory
937council must include, at a minimum, representatives from the
938headquarters and district offices of the department, community-
939based care lead agencies, the Agency for Workforce Innovation,
940the Department of Education, the Agency for Health Care
941Administration, the State Youth Advisory Board, Workforce
942Florida, Inc., the Statewide Guardian Ad Litem Office,
943caregivers, recipients of Independent Living funding, and
944advocates for foster children. The secretary shall determine the
945length of the term to be served by each member appointed to the
946advisory council, which may not exceed 4 years.
947     (c)  The department shall provide administrative support to
948the Independent Living Services Advisory Council to accomplish
949its assigned tasks. The advisory council shall be afforded
950access to all appropriate data from the department, each
951community-based care lead agency, and other relevant agencies in
952order to accomplish the tasks set forth in this subsection. The
953data collected may not include any information that would
954identify a specific child or young adult.
955     (d)  The advisory council report shall be submitted to the
956substantive committees of the Senate and the House of
957Representatives by December 31, 2012, and must include an
958analysis of the system of independent living transition services
959for young adults who attain 18 years of age while in out-of-home
960care prior to completing high school or its equivalent and
961recommendations for department or legislative action. The
962council shall assess and report on the most effective method of
963assisting these young adults to complete high school or its
964equivalent by examining the practices of other states.
965     (12)  Property acquired on behalf of clients of this
966program shall become the personal property of the clients and
967are not subject to the requirements of chapter 273 relating to
968state-owned tangible personal property. Such property continues
969to be subject to applicable federal laws.
970     (13)  The department shall enroll each young adult who is
971eligible and who has not yet reached his or her 19th birthday in
972the Florida Kidcare program.
973     (a)  A young adult who has not yet reached 19 years of age
974and who, at the time of his or her 18th birthday, had previously
975been in out-of-home care, may participate in the Kidcare program
976by paying the premium for the Florida Kidcare program as
977required in s. 409.814.
978     (b)  A young adult who has health insurance coverage from a
979third party through his or her employer or who is eligible for
980Medicaid is not eligible for enrollment under this subsection.
981     (14)  The department shall adopt rules necessary to
982administer this section.
983     Section 5.  Subsection (4) of section 409.903, Florida
984Statutes, is amended to read:
985     409.903  Mandatory payments for eligible persons.-The
986agency shall make payments for medical assistance and related
987services on behalf of the following persons who the department,
988or the Social Security Administration by contract with the
989Department of Children and Family Services, determines to be
990eligible, subject to the income, assets, and categorical
991eligibility tests set forth in federal and state law. Payment on
992behalf of these Medicaid eligible persons is subject to the
993availability of moneys and any limitations established by the
994General Appropriations Act or chapter 216.
995     (4)  A child who is eligible under Title IV-E of the Social
996Security Act for subsidized board payments, foster care, or
997adoption subsidies, and a child for whom the state has assumed
998temporary or permanent responsibility and who does not qualify
999for Title IV-E assistance but is in foster care, shelter or
1000emergency shelter care, or subsidized adoption. This category
1001includes a young adults adult who are is eligible to receive
1002transitional services pursuant to s. 409.175 under s.
1003409.1451(5), until the young adult reaches 21 years of age,
1004without regard to any income, resource, or categorical
1005eligibility test that is otherwise required. This category also
1006includes a person who as a child was eligible under Title IV-E
1007of the Social Security Act for foster care or the state-provided
1008foster care and who is a participant in the Pathways to Success,
1009Foundations for Success, and Jumpstart to Success programs of
1010the Road-to-Independence Program.
1011     Section 6.  Effective July 1, 2011, a child or young adult
1012who is currently receiving Road-to-Independence or transitional
1013support services shall choose to terminate his or her
1014participation in the existing program or continue in the
1015existing program until the term of that benefit program expires.
1016Road-to-Independence services continue for a maximum of 1 year
1017and transitional support services continue for up to 3 months.
1018There shall be no renewals, extensions, or new applications for
1019Road-to-Independence and transitional support services on or
1020after July 1, 2011. Aftercare services expire October 1, 2011.
1021Any child or young adult who turns 18 on or after July 1, 2011,
1022may apply for program services only as provided in this act.
1023     Section 7.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.