| 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. |