1 | Representative Hudson offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Paragraph (b) of subsection (2) and subsection |
6 | (5) of section 409.1451, Florida Statutes, are amended to read: |
7 | 409.1451 Independent living transition services.- |
8 | (2) ELIGIBILITY.- |
9 | (b) The department shall serve young adults who have |
10 | reached 18 years of age but are not yet 21 23 years of age and |
11 | who were in foster care when they turned 18 years of age or, |
12 | after reaching 16 years of age, were adopted from foster care or |
13 | placed with a court-approved dependency guardian and have spent |
14 | a minimum of 6 months in foster care within the 12 months |
15 | immediately preceding such placement or adoption, by providing |
16 | services pursuant to subsection (5). Young adults to be served |
17 | must meet the eligibility requirements set forth for specific |
18 | services in this section. |
19 | (5) SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER CARE.- |
20 | Based on the availability of funds, the department shall provide |
21 | or arrange for the following services to young adults formerly |
22 | in foster care who meet the prescribed conditions and are |
23 | determined eligible by the department. The department, or a |
24 | community-based care lead agency when the agency is under |
25 | contract with the department to provide the services described |
26 | under this subsection, shall develop a plan to implement those |
27 | services. A plan shall be developed for each community-based |
28 | care service area in the state. Each plan that is developed by a |
29 | community-based care lead agency shall be submitted to the |
30 | department. Each plan shall include the number of young adults |
31 | to be served each month of the fiscal year and specify the |
32 | number of young adults who will reach 18 years of age who will |
33 | be eligible for the plan and the number of young adults who will |
34 | reach 21 23 years of age and will be ineligible for the plan or |
35 | who are otherwise ineligible during each month of the fiscal |
36 | year; staffing requirements and all related costs to administer |
37 | the services and program; expenditures to or on behalf of the |
38 | eligible recipients; costs of services provided to young adults |
39 | through an approved plan for housing, transportation, and |
40 | employment; reconciliation of these expenses and any additional |
41 | related costs with the funds allocated for these services; and |
42 | an explanation of and a plan to resolve any shortages or |
43 | surpluses in order to end the fiscal year with a balanced |
44 | budget. The categories of services available to assist a young |
45 | adult formerly in foster care to achieve independence are: |
46 | (a) Aftercare support services.- |
47 | 1. Aftercare support services are available to assist |
48 | young adults who were formerly in foster care in their efforts |
49 | to continue to develop the skills and abilities necessary for |
50 | independent living. The aftercare support services available |
51 | include, but are not limited to, the following: |
52 | a. Mentoring and tutoring. |
53 | b. Mental health services and substance abuse counseling. |
54 | c. Life skills classes, including credit management and |
55 | preventive health activities. |
56 | d. Parenting classes. |
57 | e. Job and career skills training. |
58 | f. Counselor consultations. |
59 | g. Temporary financial assistance. |
60 | h. Financial literacy skills training. |
61 |
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62 | The specific services to be provided under this subparagraph |
63 | shall be determined by an aftercare services assessment and may |
64 | be provided by the department or through referrals in the |
65 | community. |
66 | 2. Temporary assistance provided to prevent homelessness |
67 | shall be provided as expeditiously as possible and within the |
68 | limitations defined by the department. |
69 | 3. A young adult who has reached 18 years of age but is |
70 | not yet 21 23 years of age who leaves foster care at 18 years of |
71 | age but who requests services prior to reaching 21 23 years of |
72 | age is eligible for such services. |
73 | (b) Road-to-Independence Program.- |
74 | 1. The Road-to-Independence Program is intended to help |
75 | eligible students who are former foster children in this state |
76 | to receive the educational and vocational training needed to |
77 | achieve independence. The amount of the award shall be based on |
78 | the living and educational needs of the young adult and may be |
79 | up to, but may not exceed, the amount of earnings that the |
80 | student would have been eligible to earn working a 40-hour-a- |
81 | week federal minimum wage job. |
82 | 2. A young adult who has earned a standard high school |
83 | diploma or its equivalent as described in s. 1003.43 or s. |
84 | 1003.435, has earned a special diploma or special certificate of |
85 | completion as described in s. 1003.438, or has reached 18 years |
86 | of age but is not yet 21 years of age is eligible for the |
87 | initial award, and a young adult under 23 years of age is |
88 | eligible for renewal awards, if he or she: |
89 | a. Was a dependent child, under chapter 39, and was living |
90 | in licensed foster care or in subsidized independent living at |
91 | the time of his or her 18th birthday or is currently living in |
92 | licensed foster care or subsidized independent living, or, after |
93 | reaching the age of 16, was adopted from foster care or placed |
94 | with a court-approved dependency guardian and has spent a |
95 | minimum of 6 months in foster care immediately preceding such |
96 | placement or adoption; |
97 | b. Spent at least 6 months living in foster care before |
98 | reaching his or her 18th birthday; |
99 | c. Is a resident of this state as defined in s. 1009.40; |
100 | and |
101 | d. Meets one of the following qualifications: |
102 | (I) Has earned a standard high school diploma or its |
103 | equivalent as described in s. 1003.43 or s. 1003.435, or has |
104 | earned a special diploma or special certificate of completion as |
105 | described in s. 1003.438, and has been admitted for full-time |
106 | enrollment in an eligible postsecondary education institution as |
107 | defined in s. 1009.533; |
108 | (II) Is enrolled full time in an accredited high school; |
109 | or |
110 | (III) Is enrolled full time in an accredited adult |
111 | education program designed to provide the student with a high |
112 | school diploma or its equivalent. |
113 | 3. A young adult applying for the Road-to-Independence |
114 | Program must apply for any other grants and scholarships for |
115 | which he or she may qualify. The department shall assist the |
116 | young adult in the application process and may use the federal |
117 | financial aid grant process to determine the funding needs of |
118 | the young adult. |
119 | 4. An award shall be available to a young adult who is |
120 | considered a full-time student or its equivalent by the |
121 | educational institution in which he or she is enrolled, unless |
122 | that young adult has a recognized disability preventing full- |
123 | time attendance. The amount of the award, whether it is being |
124 | used by a young adult working toward completion of a high school |
125 | diploma or its equivalent or working toward completion of a |
126 | postsecondary education program, shall be determined based on an |
127 | assessment of the funding needs of the young adult. This |
128 | assessment must consider the young adult's living and |
129 | educational costs and other grants, scholarships, waivers, |
130 | earnings, and other income to be received by the young adult. An |
131 | award shall be available only to the extent that other grants |
132 | and scholarships are not sufficient to meet the living and |
133 | educational needs of the young adult, but an award may not be |
134 | less than $25 in order to maintain Medicaid eligibility for the |
135 | young adult as provided in s. 409.903. |
136 | 5. The amount of the award may be disregarded for purposes |
137 | of determining the eligibility for, or the amount of, any other |
138 | federal or federally supported assistance. |
139 | 6.a. The department must advertise the criteria, |
140 | application procedures, and availability of the program to: |
141 | (I) Children and young adults in, leaving, or formerly in |
142 | foster care. |
143 | (II) Case managers. |
144 | (III) Guidance and family services counselors. |
145 | (IV) Principals or other relevant school administrators. |
146 | (V) Guardians ad litem. |
147 | (VI) Foster parents. |
148 | b. The department shall issue awards from the program for |
149 | each young adult who meets all the requirements of the program |
150 | to the extent funding is available. |
151 | c. An award shall be issued at the time the eligible |
152 | student reaches 18 years of age. |
153 | d. A young adult who is eligible for the Road-to- |
154 | Independence Program, transitional support services, or |
155 | aftercare services and who so desires shall be allowed to reside |
156 | with the licensed foster family or group care provider with whom |
157 | he or she was residing at the time of attaining his or her 18th |
158 | birthday or to reside in another licensed foster home or with a |
159 | group care provider arranged by the department. |
160 | e. If the award recipient transfers from one eligible |
161 | institution to another and continues to meet eligibility |
162 | requirements, the award must be transferred with the recipient. |
163 | f. Funds awarded to any eligible young adult under this |
164 | program are in addition to any other services or funds provided |
165 | to the young adult by the department through transitional |
166 | support services or aftercare services. |
167 | g. The department shall provide information concerning |
168 | young adults receiving funding through the Road-to-Independence |
169 | Program to the Department of Education for inclusion in the |
170 | student financial assistance database, as provided in s. |
171 | 1009.94. |
172 | h. Funds are intended to help eligible young adults who |
173 | are former foster children in this state to receive the |
174 | educational and vocational training needed to become independent |
175 | and self-supporting. The funds shall be terminated when the |
176 | young adult has attained one of four postsecondary goals under |
177 | subsection (3) or reaches 21 23 years of age, whichever occurs |
178 | earlier. In order to initiate postsecondary education, to allow |
179 | for a change in career goal, or to obtain additional skills in |
180 | the same educational or vocational area, a young adult may earn |
181 | no more than two diplomas, certificates, or credentials. A young |
182 | adult attaining an associate of arts or associate of science |
183 | degree shall be permitted to work toward completion of a |
184 | bachelor of arts or a bachelor of science degree or an |
185 | equivalent undergraduate degree. Road-to-Independence Program |
186 | funds may not be used for education or training after a young |
187 | adult has attained a bachelor of arts or a bachelor of science |
188 | degree or an equivalent undergraduate degree. |
189 | i. The department shall evaluate and renew each award |
190 | annually during the 90-day period before the young adult's |
191 | birthday. In order to be eligible for a renewal award for the |
192 | subsequent year, the young adult must: |
193 | (I) Complete the number of hours, or the equivalent |
194 | considered full time by the educational institution, unless that |
195 | young adult has a recognized disability preventing full-time |
196 | attendance, in the last academic year in which the young adult |
197 | earned an award, except for a young adult who meets the |
198 | requirements of s. 1009.41. |
199 | (II) Maintain appropriate progress as required by the |
200 | educational institution, except that, if the young adult's |
201 | progress is insufficient to renew the award at any time during |
202 | the eligibility period, the young adult may restore eligibility |
203 | by improving his or her progress to the required level. |
204 | j. Funds may be terminated during the interim between an |
205 | award and the evaluation for a renewal award if the department |
206 | determines that the award recipient is no longer enrolled in an |
207 | educational institution as defined in sub-subparagraph 2.d., or |
208 | is no longer a state resident. The department shall notify a |
209 | recipient who is terminated and inform the recipient of his or |
210 | her right to appeal. |
211 | k. An award recipient who does not qualify for a renewal |
212 | award or who chooses not to renew the award may subsequently |
213 | apply for reinstatement. An application for reinstatement must |
214 | be made before the young adult reaches 21 23 years of age, and a |
215 | student may not apply for reinstatement more than once. In order |
216 | to be eligible for reinstatement, the young adult must meet the |
217 | eligibility criteria and the criteria for award renewal for the |
218 | program. |
219 | (c) Transitional support services.- |
220 | 1. In addition to any services provided through aftercare |
221 | support or the Road-to-Independence Program, a young adult |
222 | formerly in foster care may receive other appropriate short-term |
223 | funding and services, which may include financial, housing, |
224 | counseling, employment, education, mental health, disability, |
225 | and other services, if the young adult demonstrates that the |
226 | services are critical to the young adult's own efforts to |
227 | achieve self-sufficiency and to develop a personal support |
228 | system. The department or community-based care provider shall |
229 | work with the young adult in developing a joint transition plan |
230 | that is consistent with a needs assessment identifying the |
231 | specific need for transitional services to support the young |
232 | adult's own efforts. The young adult must have specific tasks to |
233 | complete or maintain included in the plan and be accountable for |
234 | the completion of or making progress towards the completion of |
235 | these tasks. If the young adult and the department or community- |
236 | based care provider cannot come to agreement regarding any part |
237 | of the plan, the young adult may access a grievance process to |
238 | its full extent in an effort to resolve the disagreement. |
239 | 2. A young adult formerly in foster care is eligible to |
240 | apply for transitional support services if he or she has reached |
241 | 18 years of age but is not yet 21 23 years of age, was a |
242 | dependent child pursuant to chapter 39, was living in licensed |
243 | foster care or in subsidized independent living at the time of |
244 | his or her 18th birthday, and had spent at least 6 months living |
245 | in foster care before that date. |
246 | 3. If at any time the services are no longer critical to |
247 | the young adult's own efforts to achieve self-sufficiency and to |
248 | develop a personal support system, they shall be terminated. |
249 | (d) Payment of aftercare, Road-to-Independence Program, or |
250 | transitional support funds.- |
251 | 1. Payment of aftercare, Road-to-Independence Program, or |
252 | transitional support funds shall be made directly to the |
253 | recipient unless the recipient requests in writing to the |
254 | community-based care lead agency, or the department, that the |
255 | payments or a portion of the payments be made directly on the |
256 | recipient's behalf in order to secure services such as housing, |
257 | counseling, education, or employment training as part of the |
258 | young adult's own efforts to achieve self-sufficiency. |
259 | 2. After the completion of aftercare support services that |
260 | satisfy the requirements of sub-subparagraph (a)1.h., payment of |
261 | awards under the Road-to-Independence Program shall be made by |
262 | direct deposit to the recipient, unless the recipient requests |
263 | in writing to the community-based care lead agency or the |
264 | department that: |
265 | a. The payments be made directly to the recipient by check |
266 | or warrant; |
267 | b. The payments or a portion of the payments be made |
268 | directly on the recipient's behalf to institutions the recipient |
269 | is attending to maintain eligibility under this section; or |
270 | c. The payments be made on a two-party check to a business |
271 | or landlord for a legitimate expense, whether reimbursed or not. |
272 | A legitimate expense for the purposes of this sub-subparagraph |
273 | shall include automobile repair or maintenance expenses; |
274 | educational, job, or training expenses; and costs incurred, |
275 | except legal costs, fines, or penalties, when applying for or |
276 | executing a rental agreement for the purposes of securing a home |
277 | or residence. |
278 | 3. The community-based care lead agency may purchase |
279 | housing, transportation, or employment services to ensure the |
280 | availability and affordability of specific transitional services |
281 | thereby allowing an eligible young adult to utilize these |
282 | services in lieu of receiving a direct payment. Prior to |
283 | purchasing such services, the community-based care lead agency |
284 | must have a plan approved by the department describing the |
285 | services to be purchased, the rationale for purchasing the |
286 | services, and a specific range of expenses for each service that |
287 | is less than the cost of purchasing the service by an individual |
288 | young adult. The plan must include a description of the |
289 | transition of a young adult using these services into |
290 | independence and a timeframe for achievement of independence. An |
291 | eligible young adult who prefers a direct payment shall receive |
292 | such payment. The plan must be reviewed annually and evaluated |
293 | for cost-efficiency and for effectiveness in assisting young |
294 | adults in achieving independence, preventing homelessness among |
295 | young adults, and enabling young adults to earn a livable wage |
296 | in a permanent employment situation. |
297 | 4. The young adult who resides with a foster family may |
298 | not be included as a child in calculating any licensing |
299 | restriction on the number of children in the foster home. |
300 | (e) Appeals process.- |
301 | 1. The Department of Children and Family Services shall |
302 | adopt by rule a procedure by which a young adult may appeal an |
303 | eligibility determination or the department's failure to provide |
304 | aftercare, Road-to-Independence Program, or transitional support |
305 | services, or the termination of such services, if such funds are |
306 | available. |
307 | 2. The procedure developed by the department must be |
308 | readily available to young adults, must provide timely |
309 | decisions, and must provide for an appeal to the Secretary of |
310 | Children and Family Services. The decision of the secretary |
311 | constitutes final agency action and is reviewable by the court |
312 | as provided in s. 120.68. |
313 | Section 2. Section 415.1114, Florida Statutes, is created |
314 | to read: |
315 | 415.1114 Adult protective investigations; procedures; |
316 | funding.- |
317 | (1) The department may transfer all responsibility for |
318 | adult protective investigations to the sheriff of a county in |
319 | which the abuse, neglect, or exploitation of a vulnerable adult |
320 | in need of services is alleged to have occurred. Each sheriff is |
321 | responsible for the provision of adult protective investigations |
322 | in his or her county. An individual who provides these services |
323 | must complete the training required of protective investigators |
324 | employed by the department. |
325 | (2) In order to implement the transfer of responsibilities |
326 | for adult protective investigations, the department and a |
327 | sheriff's office shall enter into a contract for the provision |
328 | of these services. Funding for the services shall be |
329 | appropriated to the department and the department shall transfer |
330 | to the respective sheriff's office funding for the investigative |
331 | responsibilities assumed by the sheriffs, including any federal |
332 | funds for which a provider is eligible and agrees to receive and |
333 | that portion of general revenue funds currently designated to |
334 | provide those services, including, but not limited to, funding |
335 | for all investigative positions, training, associated equipment |
336 | and furnishings, and other fixed capital items. The contract |
337 | must specify whether the department will continue to perform any |
338 | adult protective investigations during the initial year and |
339 | specify if services are to be performed by employees of the |
340 | department or by persons appointed by the sheriff. |
341 | (3) A sheriff's office that is providing adult protective |
342 | investigations shall operate in accordance with the performance |
343 | standards and outcome measures established by the Legislature |
344 | for protective investigations conducted by the department. |
345 | (4) Funds for adult protective investigations must be |
346 | identified in the annual appropriation made to the department, |
347 | which shall award grants for the full amount identified in the |
348 | General Appropriations Act to the respective sheriffs' offices. |
349 | Notwithstanding the provisions of ss. 216.181(16)(b) and |
350 | 216.351, the department may advance payments to a sheriff's |
351 | office for adult protective investigations. Funds for adult |
352 | protective investigations may not be integrated into the regular |
353 | budget of the sheriff's office. Budgetary data and other data |
354 | relating to the performance of adult protective investigations |
355 | must be maintained separately from all other records of the |
356 | sheriff's office and reported to the department as specified in |
357 | the grant agreement. |
358 | (5) The program performance evaluation shall be based on |
359 | criteria mutually agreed upon by the respective sheriffs' |
360 | offices and the department. The program performance evaluation |
361 | shall be conducted by the adult protective services program in |
362 | collaboration with the respective sheriff's office. |
363 | Section 3. This act shall take effect July 1, 2011. |
364 |
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365 |
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366 | ----------------------------------------------------- |
367 | T I T L E A M E N D M E N T |
368 | Remove the entire title and insert: |
369 | A bill to be entitled |
370 | An act relating to the Department of Children and Family |
371 | Services; amending s. 409.1451, F.S.; revising the age up |
372 | to which young adults are eligible for independent living |
373 | services; creating s. 415.1114, F.S.; transferring the |
374 | responsibility for adult protective investigations from |
375 | the Department of Children and Family Services to county |
376 | sheriffs' offices under certain circumstances; providing |
377 | contract requirements for implementation of the transfer |
378 | of responsibilities; providing conditions for funding and |
379 | performance evaluation; providing an effective date. |