HB 417

1	A bill to be entitled
2	An act relating to independent living; amending s.
3	39.013, F.S.; requiring the court to retain
4	jurisdiction over a child until the child is 21 years
5	of age if the child elects to receive Foundations
6	First Program services; providing for an annual
7	judicial review; amending s. 39.6012, F.S.; requiring
8	assurance in a child's case plan that efforts were
9	made to avoid a change in the child's school;
10	requiring that the case plan contain procedures for an
11	older child to directly access and manage a personal
12	allowance; creating s. 39.6015, F.S.; providing
13	purpose and legislative intent with respect to the
14	provision of services for older children who are in
15	licensed care; requiring the documentation of
16	assurances that school stability is considered when a
17	child in care is moved; providing for the same
18	assurances for children with disabilities; defining
19	the term "school of origin"; requiring the Department
20	of Children and Family Services or the community-based
21	provider to provide reimbursement for the costs of
22	transportation provided for a child in care; requiring
23	changes in a child's school to be minimally
24	disruptive; specifying criteria to be considered by
25	the department and community-based provider during the
26	transition of a child to another school; requiring
27	children in care to attend school; requiring scheduled
28	appointments to consider the child's school
29	attendance; providing penalties for caregivers who
30	refuse or fail to ensure that the child attends school
31	regularly; specifying who may serve as an education
32	advocate; requiring documentation that an education
33	advocate or surrogate parent has been designated or
34	appointed for a child in care; requiring a child in
35	middle school to complete an electronic personal
36	academic and career plan; requiring caregivers to
37	attend school meetings; specifying requirements for
38	individual education transition plan meetings for
39	children with disabilities; requiring that a child be
40	provided with information relating to the Road-to-
41	Independence Program; requiring that the caregiver or
42	education advocate attend parent-teacher conferences;
43	requiring that a caregiver be provided with access to
44	school resources in order to enable a child to achieve
45	educational success; requiring the delivery of a
46	curriculum model relating to self-advocacy; requiring
47	documentation of a child's progress, the services
48	needed, and the party responsible for providing
49	services; specifying choices for a child with respect
50	to diplomas and certificates for high school
51	graduation or completion; providing that a child with
52	a disability may stay in school until 22 years of age
53	under certain circumstances; requiring caregivers to
54	remain involved in the academic life of a child in
55	high school; requiring documentation of a child's
56	progress, the services needed, and the party who is
57	responsible for providing services; providing for a
58	child to be exposed to job-preparatory instruction,
59	enrichment activities, and volunteer and service
60	opportunities, including activities and services
61	offered by the Department of Economic Opportunity;
62	requiring that children in care be afforded
63	opportunities to participate in the usual activities
64	of school, community, and family life; requiring
65	caregivers to encourage and support a child's
66	participation in extracurricular activities; requiring
67	that transportation be provided for a child; providing
68	for the development of a transition plan; specifying
69	the contents of a transition plan; requiring that the
70	plan be reviewed by the court; requiring that a child
71	be provided with specified documentation; requiring
72	that the transition plan be coordinated with the case
73	plan and a transition plan prepared pursuant to the
74	Individuals with Disabilities Education Act for a
75	child with disabilities; requiring the creation of a
76	notice that specifies the options that are available
77	to the child; requiring that community-based care lead
78	agencies and contracted providers report specified
79	data to the department and Legislature; amending s.
80	39.701, F.S.; conforming terminology; specifying the
81	required considerations during judicial review of a
82	child under the jurisdiction of the court; specifying
83	additional documents that must be provided to a child
84	and that must be verified at the judicial review;
85	requiring judicial review of a transition plan;
86	amending s. 409.1451, F.S., relating to the Road-to-
87	Independence Program; creating the Foundations First
88	Program for young adults who want to remain in care
89	after reaching 18 years of age; providing eligibility,
90	termination, and reentry requirements for the program;
91	requiring a court hearing before termination;
92	providing for the development of a transition plan;
93	specifying the contents of the transition plan;
94	requiring that a young adult be provided with
95	specified documentation; requiring that the transition
96	plan be coordinated with the case plan and a
97	transition plan prepared pursuant to the Individuals
98	with Disabilities Education Act for a young adult with
99	disabilities; requiring the creation of a notice that
100	specifies the options that are available to the young
101	adult; requiring annual judicial reviews; creating the
102	College Bound Program for young adults who have
103	completed high school and have been admitted to an
104	eligible postsecondary institution; providing
105	eligibility requirements; providing for a stipend;
106	requiring satisfactory academic progress for
107	continuation of the stipend; providing for
108	reinstatement of the stipend; providing for
109	portability of services for a child or young adult who
110	moves out of the county or out of state; specifying
111	data required to be reported to the department and
112	Legislature; conforming terminology relating to the
113	Independent Living Services Advisory Council;
114	providing rulemaking authority to the Department of
115	Children and Family Services; amending ss. 409.165,
116	409.903, and 420.0004, F.S.; conforming cross-
117	references; requiring the department to amend the case
118	plan and judicial social service review formats;
119	providing for young adults receiving transition
120	services to continue to receive existing services
121	until December 31, 2011; providing exceptions;
122	providing an effective date.
123
124	Be It Enacted by the Legislature of the State of Florida:
125
126	Section 1.  Subsection (2) of section 39.013, Florida
127	Statutes, is amended to read:
128	39.013  Procedures and jurisdiction; right to counsel.-
129	(2)  The circuit court has exclusive original jurisdiction
130	of all proceedings under this chapter, of a child voluntarily
131	placed with a licensed child-caring agency, a licensed child-
132	placing agency, or the department, and of the adoption of
133	children whose parental rights have been terminated under this
134	chapter. Jurisdiction attaches when the initial shelter
135	petition, dependency petition, or termination of parental rights
136	petition is filed or when a child is taken into the custody of
137	the department. The circuit court may assume jurisdiction over
138	any such proceeding regardless of whether the child was in the
139	physical custody of both parents, was in the sole legal or
140	physical custody of only one parent, caregiver, or some other
141	person, or was in the physical or legal custody of no person
142	when the event or condition occurred that brought the child to
143	the attention of the court. When the court obtains jurisdiction
144	of any child who has been found to be dependent, the court shall
145	retain jurisdiction, unless relinquished by its order, until the
146	child reaches 18 years of age. However, if a young adult youth
147	petitions the court at any time before his or her 19th birthday
148	requesting the court's continued jurisdiction, the juvenile
149	court may retain jurisdiction under this chapter for a period
150	not to exceed 1 year following the young adult's youth's 18th
151	birthday for the purpose of determining whether appropriate
152	aftercare support, Road-to-Independence Program, transitional
153	support, mental health, and developmental disability services
154	that were required to be provided to the young adult before
155	reaching 18 years of age, to the extent otherwise authorized by
156	law, have been provided to the formerly dependent child who was
157	in the legal custody of the department immediately before his or
158	her 18th birthday. If a young adult chooses to participate in
159	the Foundations First Program, the court shall retain
160	jurisdiction until the young adult leaves the program as
161	provided for in s. 409.1451(4). The court shall review the
162	status of the young adult at least every 12 months or more
163	frequently if the court deems it necessary. If a petition for
164	special immigrant juvenile status and an application for
165	adjustment of status have been filed on behalf of a foster child
166	and the petition and application have not been granted by the
167	time the child reaches 18 years of age, the court may retain
168	jurisdiction over the dependency case solely for the purpose of
169	allowing the continued consideration of the petition and
170	application by federal authorities. Review hearings for the
171	child shall be set solely for the purpose of determining the
172	status of the petition and application. The court's jurisdiction
173	terminates upon the final decision of the federal authorities.
174	Retention of jurisdiction in this instance does not affect the
175	services available to a young adult under s. 409.1451. The court
176	may not retain jurisdiction of the case after the immigrant
177	child's 22nd birthday.
178	Section 2.  Subsections (2) and (3) of section 39.6012,
179	Florida Statutes, are amended, and subsection (4) is added to
180	that section, to read:
181	39.6012  Case plan tasks; services.-
182	(2)  The case plan must include all available information
183	that is relevant to the child's care including, at a minimum:
184	(a)  A description of the identified needs of the child
185	while in care.
186	(b)  A description of the plan for ensuring that the child
187	receives safe and proper care and that services are provided to
188	the child in order to address the child's needs. To the extent
189	available and accessible, the following health, mental health,
190	and education information and records of the child must be
191	attached to the case plan and updated throughout the judicial
192	review process:
193	1.  The names and addresses of the child's health, mental
194	health, and educational providers;
195	2.  The child's grade level performance;
196	3.  The child's school record;
197	4.  Assurances that the child's placement takes into
198	account proximity to the school in which the child is enrolled
199	at the time of placement and that efforts were made to allow the
200	child to remain in that school if it is in the best interest of
201	the child;
202	5.  A record of the child's immunizations;
203	6.  The child's known medical history, including any known
204	problems;
205	7.  The child's medications, if any; and
206	8.  Any other relevant health, mental health, and education
207	information concerning the child.
208	(3)  In addition to any other requirement, if the child is
209	in an out-of-home placement, the case plan must include:
210	(a)  A description of the type of placement in which the
211	child is to be living.
212	(b)  A description of the parent's visitation rights and
213	obligations and the plan for sibling visitation if the child has
214	siblings and is separated from them.
215	(c)  When appropriate, for a child who is in middle school
216	or high school 13 years of age or older, a written description
217	of the programs and services that will help the child prepare
218	for the transition from foster care to independent living.
219	(d)  A discussion of the safety and the appropriateness of
220	the child's placement, which placement is intended to be safe,
221	and the least restrictive and the most family-like setting
222	available consistent with the best interest and special needs of
223	the child and in as close proximity as possible to the child's
224	home.
225	(4)  The case plan must contain procedures for an older
226	child to directly access and manage the personal allowance he or
227	she receives from the department in order to learn
228	responsibility and participate, to the extent feasible, in age-
229	appropriate life skills activities.
230	Section 3.  Section 39.6015, Florida Statutes, is created
231	to read:
232	39.6015  Services for older children in care.-
233	(1)  PURPOSE AND INTENT.-The Legislature recognizes that
234	education and the other positive experiences of a child are key
235	to a successful future as an adult and that it is particularly
236	important for a child in care to be provided with opportunities
237	to succeed. The Legislature intends that individuals and
238	communities become involved in the education of a child in care,
239	address issues that will improve the educational outcomes for
240	the child, and find ways to ensure that the child values and
241	receives a high-quality education. Many professionals in the
242	local community understand these issues, and it is the intent of
243	the Legislature that biological parents, caregivers, educators,
244	advocates, the department and its community-based care
245	providers, guardians ad litem, and judges, in fulfilling their
246	responsibilities to the child, work together to ensure that an
247	older child in care has access to the same academic resources,
248	services, and extracurricular and enrichment activities that are
249	available to all children. Engaging an older child in a broad
250	range of the usual activities of family, school, and community
251	life during adolescence will help to empower the child in his or
252	her transition into adulthood and in living independently. The
253	Legislature intends for services to be delivered in an age-
254	appropriate and developmentally appropriate manner, along with
255	modifications or accommodations as may be necessary to include
256	every child, specifically including a child with a disability.
257	It is also the intent of the Legislature that while services to
258	prepare an older child for life on his or her own are important,
259	these services will not diminish efforts to achieve permanency
260	goals of reunification, adoption, or permanent guardianship.
261	(2)  EDUCATION PROVISIONS.-Perhaps more than any other
262	population, an older child in care is in need of a quality
263	education. The child depends on the school to provide positive
264	role models, to provide a network of relationships and
265	friendships that will help the child gain social and personal
266	skills, and to provide the educational opportunities and other
267	activities that are needed for a successful transition into
268	adulthood.
269	(a)  Definitions.-As used in this section, the term:
270	1.  "Caregiver" has the same meaning as provided in s.
271	39.01(10) and also includes a staff member of the group home or
272	facility in which the child resides.
273	2.  "School of origin" means the school that the child
274	attended before coming into care or the school in which the
275	child was last enrolled. If the child is relocated outside the
276	area of the school of origin, the department and its community-
277	based providers shall provide the necessary support to the
278	caregiver so that the child can continue enrollment in the
279	school of origin if it is in the best interest of the child.
280	(b)  School stability.-The mobility of a child in care can
281	disrupt the educational experience. Whenever a child enters
282	care, or is moved from one home to another, the proximity of the
283	new home to the child's school of origin shall be considered.
284	The case plan must include tasks or a plan for ensuring the
285	child's educational stability while in care. As part of this
286	plan, the community-based care provider shall document
287	assurances that:
288	1.  The appropriateness of the current educational setting
289	and the proximity to the school in which the child is enrolled
290	at the time of coming into care have been taken into
291	consideration.
292	2.  The community-based care provider has coordinated with
293	the appropriate local school district to determine if the child
294	can remain in the school in which he or she is enrolled.
295	3.  The child in care has been asked about his or her
296	educational preferences and needs, including his or her view on
297	whether to change schools when the living situation changes.
298	4.  A child with a disability is allowed to continue in an
299	appropriate educational setting, regardless of changes to the
300	location of the home, and transportation is addressed and
301	provided in accordance with the child's individualized education
302	program. A child with a disability shall receive the protections
303	provided in federal and state law, including timelines for
304	evaluations, implementation of an individualized education plan
305	or an individual family service plan, and placement in the least
306	restrictive environment, even when the child changes school
307	districts.
308	5.  The department and its community-based providers shall
309	provide special reimbursement for expenses associated with
310	transporting a child to his or her school of origin if the
311	school district does not provide transportation or the
312	individualized education plan does not include transportation as
313	a service. Transportation arrangements shall follow a route that
314	is as direct and expedient for the child as is reasonably
315	possible.
316	(c)  School transitions.-A change in schools, if necessary,
317	shall be as least disruptive as possible, and the support
318	necessary for a successful transition shall be provided by the
319	department, the community-based provider, and the caregiver. The
320	department and the community-based providers shall work with
321	school districts to develop and implement procedures to ensure
322	that a child in care:
323	1.  Is enrolled immediately in a new school and can begin
324	classes promptly.
325	2.  Does not experience a delay in enrollment and delivery
326	of appropriate services due to school or record requirements as
327	required by s. 1003.22.
328	3.  Has education records that are comprehensive and
329	accurate and that promptly follow the child to a new school.
330	4.  Is allowed to participate in all academic and
331	extracurricular programs, including athletics, when arriving at
332	a new school in the middle of a school term, even if normal
333	timelines have passed or programs are full. A district school
334	board or school athletic association, including the Florida High
335	School Athletic Association or its successor, may not prevent,
336	or create barriers to, the ability of a child in care to
337	participate in age-appropriate extracurricular, enrichment, or
338	social activities.
339	5.  Receives credit or partial credit for coursework
340	completed at the prior school.
341	6.  Has the ability to receive a high school diploma even
342	when the child has attended multiple schools that have varying
343	graduation requirements.
344	(d)  School attendance.-A child in care shall attend school
345	as required by s. 1003.26.
346	1.  The community-based care provider and caregiver shall
347	eliminate any barriers to attendance such as required school
348	uniforms or school supplies.
349	2.  Appointments and court appearances for a child in care
350	shall be scheduled to minimize the effect on the child's
351	education and to ensure that the child is not penalized for
352	school time or work missed because of court hearings or
353	activities related to the child welfare case.
354	3.  A caregiver who refuses or fails to ensure that a child
355	who is in his or her care attends school regularly is subject to
356	the same procedures and penalties as a parent under s. 1003.27.
357	(e)  Education advocacy.-
358	1.  A child in care shall have an adult caregiver who is
359	knowledgeable about schools and children in care and who serves
360	as an education advocate to reinforce the value of the child's
361	investment in education, to ensure that the child receives a
362	high-quality education, and to help the child plan for middle
363	school, high school, and postschool training, employment, or
364	college. The advocate may be a caregiver, care manager, guardian
365	ad litem, educator, or individual hired and trained for the
366	specific purpose of serving as an education advocate.
367	2.  A child in care with disabilities who is eligible for
368	the appointment of a surrogate parent, as required in s.
369	39.0016, shall be assigned a surrogate in a timely manner, but
370	no later than 30 days after a determination that a surrogate is
371	needed.
372	3.  The community-based provider shall document in the
373	child's case plan that an education advocate has been identified
374	for each child in care or that a surrogate parent has been
375	appointed for each child in care with a disability.
376	(f)  Academic requirements and support; middle school
377	students.-A child must complete the required courses that
378	include mathematics, English, social studies, and science in
379	order to be promoted from a state school composed of middle
380	grades 6, 7, and 8.
381	1.  In addition to other academic requirements, a child
382	must complete one course in career and education planning in 7th
383	or 8th grade. The course, as required by s. 1003.4156, must
384	include career exploration using Florida CHOICES Explorer or
385	Florida CHOICES Planner and must include educational planning
386	using the online student advising system known as Florida
387	Academic Counseling and Tracking for Students at the Internet
388	website FACTS.org.
389	a.  Each child shall complete an electronic personalized
390	academic and career plan that must be signed by the child, the
391	child's teacher, guidance counselor, or academic advisor, and
392	the child's parent, caregiver, or other designated education
393	advocate. Any designated advocate must have the knowledge and
394	training to serve in that capacity.
395	b.  The required personalized academic and career plan must
396	inform students of high school graduation requirements, high
397	school assessment and college entrance test requirements,
398	Florida Bright Futures Scholarship Program requirements, state
399	university and Florida College System institution admission
400	requirements, and programs through which a high school student
401	may earn college credit, including Advanced Placement,
402	International Baccalaureate, Advanced International Certificate
403	of Education, dual enrollment, career academy opportunities, and
404	courses that lead to national industry certification.
405	c.  A caregiver shall attend the parent meeting held by the
406	school to inform parents about the career and education planning
407	course curriculum and the activities associated with the
408	curriculum.
409	2.  For a child with a disability, the decision whether to
410	work toward a standard diploma or a special diploma shall be
411	addressed at the meeting on the individual education transition
412	plan conducted during the child's 8th grade or the year the
413	child turns 14 years of age, whichever occurs first. The child
414	shall be invited to participate in this and each subsequent
415	transition plan meeting. At this meeting, the individual
416	education transition plan team, including the child, the
417	caregiver, and other designated education advocate, shall
418	determine whether a standard or special diploma best prepares
419	the child for his or her education and career goals after high
420	school.
421	a.  The team shall plan the appropriate course of study,
422	which may include basic education courses, career education
423	courses, and exceptional student education courses.
424	b.  The team shall identify any special accommodations,
425	modifications, and related services needed to help the child
426	participate fully in the educational program.
427	c.  All decisions shall be documented on the individual
428	education transition plan, and this information shall be used to
429	guide the child's educational program as he or she enters high
430	school.
431	3.  A caregiver or the community-based care provider shall
432	provide the child with all information related to the Road-to-
433	Independence Program as provided in s. 409.1451.
434	4.  A caregiver or another designated education advocate
435	shall attend parent-teacher conferences and monitor each child's
436	academic progress.
437	5.  Each district school board, as required by s. 1002.23,
438	shall develop and implement a well-planned, inclusive, and
439	comprehensive program to assist parents and families in
440	effectively participating in their child's education. A school
441	district shall have available resources and services for parents
442	and their children, such as family literacy services; mentoring,
443	tutorial, and other academic reinforcement programs; college
444	planning, academic advisement, and student counseling services;
445	and after-school programs. A caregiver shall access these
446	resources as necessary to enable the child in his or her care to
447	achieve educational success.
448	6.  A child in care, particularly a child with a
449	disability, shall be involved and engaged in all aspects of his
450	or her education and educational planning and must be empowered
451	to be an advocate for his or her education needs. Community-
452	based care providers shall enter into partnerships with school
453	districts to deliver curriculum on self-determination or self-
454	advocacy to engage and empower the child to be his or her own
455	advocate, along with support from the caregiver, community-based
456	care provider, guardian ad litem, teacher, school guidance
457	counselor, and other designated education advocate.
458	7.  The community-based care provider shall document in the
459	case plan evidence of the child's progress toward, and
460	achievement of, academic, life, social, and vocational skills.
461	The case plan shall be amended to fully and accurately reflect
462	the child's academic and career plan, identify the services and
463	tasks needed to support that plan, and identify the party
464	responsible for accomplishing the tasks or providing the needed
465	services.
466	8.  The community-based care provider shall conduct an
467	annual staff meeting for each child who is enrolled in middle
468	school. The community-based care provider shall complete an
469	independent living assessment to determine the child's skills
470	and abilities to become self-sufficient and live independently
471	after the first staff meeting conducted after the child enters
472	middle school. The assessment must consider those skills that
473	are expected to be acquired by a child from his or her school
474	setting and living arrangement. The community-based care
475	provider must provide the needed services if additional services
476	are necessary to ensure that the child obtains the appropriate
477	independent living skills. The community-based care provider
478	shall document in the case plan evidence of the child's progress
479	toward developing independent living skills.
480	(g)  Academic requirements and support; high school
481	students.-Graduation from high school is essential for a child
482	to be able to succeed and live independently as an adult. In
483	Florida, 70 percent of children in care reach 18 years of age
484	without having obtained a high school diploma. It is the
485	responsibility of the department, its community-based providers,
486	and caregivers to ensure that a child in care is able to take
487	full advantage of every resource and opportunity in order to be
488	able to graduate from high school and be adequately prepared to
489	pursue postsecondary education at a college or university or to
490	acquire the education and skills necessary to enter the
491	workplace. In preparation for accomplishing education and career
492	goals after high school, the child shall select the appropriate
493	course of study which best meets his or her needs.
494	1.  An older child who plans to attend a college or
495	university after graduation must take certain courses to meet
496	state university admission requirements. The course requirements
497	for state university admission are the same for two Bright
498	Futures Scholarship awards, the Florida Academic Scholars award,
499	and the Florida Medallion Scholars award. By following this
500	course of study, which is required for state university
501	admission and recommended if the child intends to pursue an
502	associate in arts degree at a Florida College System institution
503	and transfer to a college or university to complete a bachelor's
504	degree, the child will meet the course requirements for high
505	school graduation, state university admission, and two Bright
506	Futures Scholarship awards.
507	2.  An older child who plans on a career technical program
508	in high school to gain skills for work or continue after
509	graduation at a Florida College System institution, technical
510	center, or registered apprenticeship program should choose a
511	course of study that meets the course requirements for high
512	school graduation, the third Bright Futures Scholarship award,
513	and the Florida Gold Seal Vocational Scholars award. This course
514	of study is recommended if the child intends to pursue a
515	technical certificate or license, an associate degree, or a
516	bachelor's degree, or wishes to gain specific career training.
517	3.  An older child with a disability may choose to work
518	toward a standard diploma, a special diploma, or a certificate
519	of completion. The child shall be assisted in choosing a diploma
520	option by school and district staff through the development of
521	the individual education plan. The diploma choice shall be
522	reviewed each year at the child's individual education plan
523	meeting.
524	a.  An older child or young adult with a disability who has
525	not earned a standard diploma or who has been awarded a special
526	diploma, certificate of completion, or special certificate of
527	completion before reaching 22 years of age may stay in school
528	until he or she reaches 22 years of age.
529	b.  The school district shall continue to offer services
530	until the young adult reaches 22 years of age or until he or she
531	earns a standard diploma, whichever occurs first, as required by
532	the Individuals with Disabilities Education Act.
533	4.  This paragraph does not preclude an older child from
534	seeking the International Baccalaureate Diploma or the Advanced
535	International Certificate of Education Diploma.
536	5.  Educational guidance and planning for high school shall
537	be based upon the decisions made during middle school.
538	Caregivers shall remain actively involved in the child's
539	academic life by attending parent-teacher conferences and by
540	taking advantage of available resources to enable the child to
541	achieve academic success.
542	6.  The community-based care provider shall document in the
543	case plan evidence of the child's progress toward, and
544	achievement of, academic, life, social, and vocational skills.
545	The case plan shall be amended to completely reflect the child's
546	academic and career plan, identify the services and tasks needed
547	to support that plan, and identify the party responsible for
548	accomplishing the tasks or providing the needed services.
549	7.  The community-based care provider shall conduct a staff
550	meeting at least every 6 months for each child who is enrolled
551	in high school. The community-based care provider shall complete
552	an independent living assessment to determine the child's skills
553	and abilities to become self-sufficient and live independently
554	after the first staff meeting conducted after the child enters
555	high school. The assessment must consider those skills that are
556	expected to be acquired by a child from his or her school
557	setting and living arrangement. The community-based care
558	provider must provide the needed services if additional services
559	are necessary to ensure that the child obtains the appropriate
560	independent living skills. Such additional independent living
561	skills may include, but not be limited to, training to develop
562	banking and budgeting skills, interviewing skills, parenting
563	skills, time management or organizational skills, educational
564	support, employment training, and personal counseling. The
565	community-based care provider shall document in the case plan
566	evidence of the child's progress toward developing independent
567	living skills.
568	8.  Participation in workforce readiness activities is
569	essential for a child in care at the high school level to
570	prepare himself or herself to be a self-supporting and
571	productive adult. The caregiver and the community-based care
572	provider shall ensure that each child:
573	a.  Who is interested in pursuing a career after high
574	school graduation is exposed to job-preparatory instruction in
575	the competencies that prepare students for effective entry into
576	an occupation, including diversified cooperative education, work
577	experience, and job-entry programs that coordinate directed
578	study and on-the-job training.
579	b.  Is provided with the opportunity to participate in
580	enrichment activities that increase the child's understanding of
581	the workplace, to explore careers, and to develop goal-setting,
582	decisionmaking, and time-management skills.
583	c.  Is provided with volunteer and service learning
584	opportunities in order to develop workplace and planning skills,
585	self esteem, and personal leadership skills.
586	d.  Is provided with an opportunity to participate in
587	activities and services provided by the Department of Economic
588	Opportunity and the regional workforce boards within the
589	Division of Workforce Services which prepare all young adults,
590	including those with a disability, for the workforce.
591	(3)  EXTRACURRICULAR ACTIVITIES.-An older child in care
592	shall be accorded to the fullest extent possible the opportunity
593	to participate in the activities of community, school, and
594	family life.
595	(a)  A caregiver shall encourage and support participation
596	in age-appropriate extracurricular and social activities for an
597	older child, including a child with a disability.
598	(b)  A caregiver shall provide transportation for such
599	activities, and community-based care providers shall reimburse
600	the caregiver for the expenses associated with such activities.
601	(c)  The department and its community-based providers may
602	not place an older child in a home if the caregiver does not
603	encourage or facilitate participation in and provide
604	transportation to the extracurricular activities of the child's
605	choice, unless other arrangements can be made by the community-
606	based care provider to enable the child's participation in such
607	activities.
608	(d)  A caregiver's license or licensure status is not
609	affected by the age-appropriate actions of a child engaging in
610	activities while in his or her care.
611	(4)  DEVELOPMENT OF THE TRANSITION PLAN.-If a child is
612	planning to leave care upon reaching 18 years of age, during the
613	180-day period before the child reaches 18 years of age, the
614	department and community-based care provider, in collaboration
615	with the caregiver, any other designated education advocate, and
616	any other individual whom the child would like to have included,
617	shall assist and support the older child in developing a
618	transition plan. The transition plan must take into account all
619	of the education and other skills achieved by the child in
620	middle and high school, must include specific options for the
621	child on housing, health insurance, education, local
622	opportunities for mentors and continuing support services, and
623	workforce support and employment services, and must be reviewed
624	by the court during the last review hearing before the child
625	reaches 18 years of age. In developing the plan, the department
626	and community-based provider shall:
627	(a)  Provide the child with the documentation required in
628	s. 39.701(7);
629	(b)  Coordinate with local public and private entities in
630	designing the transition plan as appropriate;
631	(c)  Coordinate the transition plan with the independent
632	living provisions in the case plan and the Individuals with
633	Disabilities Education Act transition plan for a child with a
634	disability; and
635	(d)  Create a clear and developmentally appropriate notice
636	specifying the options available for a young adult who chooses
637	to remain in care for a longer period. The notice must include
638	information about what services the child is eligible for and
639	how such services may be obtained.
640	(5)  ACCOUNTABILITY.-
641	(a)  The community-based care lead agencies and its
642	contracted providers shall report to the department the
643	following information:
644	1.  The total number of children in care who are enrolled
645	in middle school, high school, adult high school, and GED
646	programs and, in a breakdown by age, how many had their living
647	arrangements change one time and how many were moved two or more
648	times. For the children who were moved, how many had to change
649	schools and how many of those changes were due to a lack of
650	transportation.
651	2.  For those children for whom transportation was
652	provided, how many children were provided transportation, how
653	the transportation was provided, how it was paid for, and the
654	amount of the total expenditure by the lead agency.
655	3.  The same information required in subparagraphs 1. and
656	2., specific to children in care with a disability.
657	4.  In a breakdown by age, for those children who changed
658	schools at least once, how many children experienced problems in
659	the transition, what kinds of problems were encountered, and
660	what steps the lead agency and the caregiver took to remedy
661	those problems.
662	5.  In a breakdown by age, out of the total number of
663	children in care, the number of children who were absent from
664	school more than 10 days in a semester and the steps taken by
665	the lead agency and the caregiver to reduce absences.
666	6.  Evidence that the lead agency has established a working
667	relationship with each school district in which a child in care
668	attends school.
669	7.  In a breakdown by age, out of the total number of
670	children in care, the number who have documentation in the case
671	plan that either an education advocate or a surrogate parent has
672	been designated or appointed.
673	8.  In a breakdown by age, out of the total number of
674	children in care, the number of children who have documentation
675	in the case plan that they have an education advocate who
676	regularly participates in parent-teacher meetings and other
677	school-related activities.
678	9.  For those children in care who have finished 8th grade,
679	the number of children who have documentation in the case plan
680	that they have completed the academic and career plan required
681	by s. 1003.4156 and that the child and the caregiver have signed
682	the plan.
683	10.  For those children in care who have a disability and
684	have finished 8th grade, the number of children who have
685	documentation in the case plan that they have had an individual
686	education transition plan meeting.
687	11.  In a breakdown by age, the total number of children in
688	care who are in middle school or high school. For each age, the
689	number of children who are reading at or above grade level, the
690	number of children who have successfully completed the FCAT and
691	end-of-course assessments, the number of children who have
692	dropped out of school, the number of children who have enrolled
693	in any dual enrollment or advanced placement courses, and the
694	number of children completing the required number of courses,
695	assessments, and hours needed to be promoted to the next grade
696	level.
697	12.  With a breakdown by age, the total number of children
698	in care who are in middle school or high school. For each age,
699	the number of children who have documentation in the case plan
700	that they are involved in at least one extracurricular activity,
701	whether it is a school-based or community-based activity,
702	whether they are involved in at least one service or volunteer
703	activity, and who provides the transportation.
704	13.  The total number of children in care who are 17 years
705	of age and who are obtaining services from the lead agency or
706	its contracted providers and how many of that total number have
707	indicated that they plan to remain in care after turning 18
708	years of age, and for those children who plan to leave care, how
709	many children have a transition plan.
710	14.  A breakdown of documented expenses for children in
711	middle and high school.
712	(b)  Each community-based care lead agency shall provide
713	its report to the department by September 30 of each year. The
714	department shall compile the reports from each community-based
715	care lead agency and provide them to the Legislature by December
716	31 of each year, with the first report due to the Legislature on
717	December 31, 2012.
718	Section 4.  Subsections (7), (8), and (9) of section
719	39.701, Florida Statutes, are amended to read:
720	39.701  Judicial review.-
721	(7)(a)  In addition to paragraphs (1)(a) and (2)(a), the
722	court shall hold a judicial review hearing within 90 days after
723	a child's youth's 17th birthday. The court shall also issue an
724	order, separate from the order on judicial review, that the
725	disability of nonage of the child youth has been removed
726	pursuant to s. 743.045. The court shall continue to hold timely
727	judicial review hearings thereafter. In addition, the court may
728	review the status of the child more frequently during the year
729	prior to the child's youth's 18th birthday if necessary. At each
730	review held under this subsection, in addition to any
731	information or report provided to the court, the caregiver
732	foster parent, legal custodian, guardian ad litem, and the child
733	shall be given the opportunity to address the court with any
734	information relevant to the child's best interests, particularly
735	as it relates to the requirements of s. 39.6015 and the Road-to-
736	Independence Program under s. 409.1451 independent living
737	transition services. In addition to any information or report
738	provided to the court, the department shall include in its
739	judicial review social study report written verification that
740	the child has been provided with:
741	1.  Has been provided with A current Medicaid card and has
742	been provided all necessary information concerning the Medicaid
743	program sufficient to prepare the child youth to apply for
744	coverage upon reaching age 18, if such application would be
745	appropriate.
746	2.  Has been provided with A certified copy of his or her
747	birth certificate and, if the child does not have a valid
748	driver's license, a Florida identification card issued under s.
749	322.051.
750	3.  A social security card and Has been provided
751	information relating to Social Security Insurance benefits if
752	the child is eligible for these benefits. If the child has
753	received these benefits and they are being held in trust for the
754	child, a full accounting of those funds must be provided and the
755	child must be informed about how to access those funds.
756	4.  Has been provided with information and training related
757	to budgeting skills, interviewing skills, and parenting skills.
758	4.5.  Has been provided with All relevant information
759	related to the Road-to-Independence Program, including, but not
760	limited to, eligibility requirements, information on how forms
761	necessary to participate apply, and assistance in gaining
762	admission to the program completing the forms. The child shall
763	also be informed that, if he or she is eligible for the Road-to-
764	Independence Program, he or she may reside with the licensed
765	foster family or group care provider with whom the child was
766	residing at the time of attaining his or her 18th birthday or
767	may reside in another licensed foster home or with a group care
768	provider arranged by the department.
769	5.6.  An opportunity to Has an open a bank account, or
770	obtain has identification necessary to open an account, and has
771	been provided with essential banking and budgeting skills.
772	6.7.  Has been provided with Information on public
773	assistance and how to apply.
774	7.8.  Has been provided A clear understanding of where he
775	or she will be living on his or her 18th birthday, how living
776	expenses will be paid, and in what educational program or school
777	he or she will be enrolled in.
778	8.9.  Information related to the ability Has been provided
779	with notice of the child youth's right to remain in care until
780	he or she reaches 21 years of age petition for the court's
781	continuing jurisdiction for 1 year after the youth's 18th
782	birthday as specified in s. 39.013(2) and with information on
783	how to participate in the Road-to-Independence Program obtain
784	access to the court.
785	9.  A letter providing the dates that the child was under
786	the jurisdiction of the court.
787	10.  A letter stating that the child was in care, in
788	compliance with financial aid documentation requirements.
789	11.  His or her entire educational records.
790	12.  His or her entire health and mental health records.
791	13.  The process for accessing his or her case file.
792	14.10.  Encouragement Has been encouraged to attend all
793	judicial review hearings occurring after his or her 17th
794	birthday.
795	(b)  At the first judicial review hearing held subsequent
796	to the child's 17th birthday, in addition to the requirements of
797	subsection (8), the department shall provide the court with an
798	updated case plan that includes specific information related to
799	the provisions of s. 39.6015, independent living services that
800	have been provided since the child entered middle school child's
801	13th birthday, or since the date the child came into foster
802	care, whichever came later.
803	(c)  At the last judicial review hearing held before the
804	child's 18th birthday, in addition of the requirements of
805	subsection (8), the department shall provide to the court for
806	review the transition plan for a child who is planning to leave
807	care after reaching his or her 18th birthday.
808	(d)(c)  At the time of a judicial review hearing held
809	pursuant to this subsection, if, in the opinion of the court,
810	the department has not complied with its obligations as
811	specified in the written case plan or in the provision of
812	independent living services as required by s. 39.6015, s.
813	409.1451, and this subsection, the court shall issue a show
814	cause order. If cause is shown for failure to comply, the court
815	shall give the department 30 days within which to comply and, on
816	failure to comply with this or any subsequent order, the
817	department may be held in contempt.
818	(8)(a)  Before every judicial review hearing or citizen
819	review panel hearing, the social service agency shall make an
820	investigation and social study concerning all pertinent details
821	relating to the child and shall furnish to the court or citizen
822	review panel a written report that includes, but is not limited
823	to:
824	1.  A description of the type of placement the child is in
825	at the time of the hearing, including the safety of the child
826	and the continuing necessity for and appropriateness of the
827	placement.
828	2.  Documentation of the diligent efforts made by all
829	parties to the case plan to comply with each applicable
830	provision of the plan.
831	3.  The amount of fees assessed and collected during the
832	period of time being reported.
833	4.  The services provided to the caregiver foster family or
834	legal custodian in an effort to address the needs of the child
835	as indicated in the case plan.
836	5.  A statement that either:
837	a.  The parent, though able to do so, did not comply
838	substantially with the case plan, and the agency
839	recommendations;
840	b.  The parent did substantially comply with the case plan;
841	or
842	c.  The parent has partially complied with the case plan,
843	with a summary of additional progress needed and the agency
844	recommendations.
845	6.  A statement from the caregiver foster parent or legal
846	custodian providing any material evidence concerning the return
847	of the child to the parent or parents.
848	7.  A statement concerning the frequency, duration, and
849	results of the parent-child visitation, if any, and the agency
850	recommendations for an expansion or restriction of future
851	visitation.
852	8.  The number of times a child has been removed from his
853	or her home and placed elsewhere, the number and types of
854	placements that have occurred, and the reason for the changes in
855	placement.
856	9.  The number of times a child's educational placement has
857	been changed, the number and types of educational placements
858	which have occurred, and the reason for any change in placement.
859	10.  If the child has entered middle school reached 13
860	years of age but is not yet 18 years of age, the specific
861	information contained in the case plan related to the provisions
862	of s. 39.6015 results of the preindependent living, life skills,
863	or independent living assessment; the specific services needed;
864	and the status of the delivery of the identified services.
865	11.  Copies of all medical, psychological, and educational
866	records that support the terms of the case plan and that have
867	been produced concerning the parents or any caregiver since the
868	last judicial review hearing.
869	12.  Copies of the child's current health, mental health,
870	and education records as identified in s. 39.6012.
871	(b)  A copy of the social service agency's written report
872	and the written report of the guardian ad litem must be served
873	on all parties whose whereabouts are known; to the caregivers
874	foster parents or legal custodians; and to the citizen review
875	panel, at least 72 hours before the judicial review hearing or
876	citizen review panel hearing. The requirement for providing
877	parents with a copy of the written report does not apply to
878	those parents who have voluntarily surrendered their child for
879	adoption or who have had their parental rights to the child
880	terminated.
881	(c)  In a case in which the child has been permanently
882	placed with the social service agency, the agency shall furnish
883	to the court a written report concerning the progress being made
884	to place the child for adoption. If the child cannot be placed
885	for adoption, a report on the progress made by the child towards
886	alternative permanency goals or placements, including, but not
887	limited to, guardianship, long-term custody, long-term licensed
888	custody, or independent living, must be submitted to the court.
889	The report must be submitted to the court at least 72 hours
890	before each scheduled judicial review.
891	(d)  In addition to or in lieu of any written statement
892	provided to the court, the caregiver foster parent or legal
893	custodian, or any preadoptive parent, shall be given the
894	opportunity to address the court with any information relevant
895	to the best interests of the child at any judicial review
896	hearing.
897	(9)  The court and any citizen review panel shall take into
898	consideration the information contained in the social services
899	study and investigation and all medical, psychological, and
900	educational records that support the terms of the case plan;
901	testimony by the social services agency, the parent, the
902	caregiver foster parent or legal custodian, the guardian ad
903	litem or surrogate parent for educational decisionmaking if one
904	has been appointed for the child, and any other person deemed
905	appropriate; and any relevant and material evidence submitted to
906	the court, including written and oral reports to the extent of
907	their probative value. These reports and evidence may be
908	received by the court in its effort to determine the action to
909	be taken with regard to the child and may be relied upon to the
910	extent of their probative value, even though not competent in an
911	adjudicatory hearing. In its deliberations, the court and any
912	citizen review panel shall seek to determine:
913	(a)  If the parent was advised of the right to receive
914	assistance from any person or social service agency in the
915	preparation of the case plan.
916	(b)  If the parent has been advised of the right to have
917	counsel present at the judicial review or citizen review
918	hearings. If not so advised, the court or citizen review panel
919	shall advise the parent of such right.
920	(c)  If a guardian ad litem needs to be appointed for the
921	child in a case in which a guardian ad litem has not previously
922	been appointed or if there is a need to continue a guardian ad
923	litem in a case in which a guardian ad litem has been appointed.
924	(d)  Who holds the rights to make educational decisions for
925	the child. If appropriate, the court may refer the child to the
926	district school superintendent for appointment of a surrogate
927	parent or may itself appoint a surrogate parent under the
928	Individuals with Disabilities Education Act and s. 39.0016.
929	(e)  The compliance or lack of compliance of all parties
930	with applicable items of the case plan, including the parents'
931	compliance with child support orders.
932	(f)  The compliance or lack of compliance with a visitation
933	contract between the parent and the social service agency for
934	contact with the child, including the frequency, duration, and
935	results of the parent-child visitation and the reason for any
936	noncompliance.
937	(g)  The compliance or lack of compliance of the parent in
938	meeting specified financial obligations pertaining to the care
939	of the child, including the reason for failure to comply if such
940	is the case.
941	(h)  Whether the child is receiving safe and proper care
942	according to s. 39.6012, including, but not limited to, the
943	appropriateness of the child's current placement, including
944	whether the child is in a setting that is as family-like and as
945	close to the parent's home as possible, consistent with the
946	child's best interests and special needs, and including
947	maintaining stability in the child's educational placement, as
948	documented by assurances from the community-based care provider
949	that:
950	1.  The placement of the child takes into account the
951	appropriateness of the current educational setting and the
952	proximity to the school in which the child is enrolled at the
953	time of placement.
954	2.  The community-based care agency has coordinated with
955	appropriate local educational agencies to ensure that the child
956	remains in the school in which the child is enrolled at the time
957	of placement.
958	(i)  A projected date likely for the child's return home or
959	other permanent placement.
960	(j)  When appropriate, the basis for the unwillingness or
961	inability of the parent to become a party to a case plan. The
962	court and the citizen review panel shall determine if the
963	efforts of the social service agency to secure party
964	participation in a case plan were sufficient.
965	(k)  For a child who has entered middle school reached 13
966	years of age but is not yet 18 years of age, the progress the
967	child has made in achieving the goals outlined in s. 39.6015
968	adequacy of the child's preparation for adulthood and
969	independent living.
970	(l)  If amendments to the case plan are required.
971	Amendments to the case plan must be made under s. 39.6013.
972	Section 5.  Section 409.1451, Florida Statutes, is amended
973	to read:
974	(Substantial rewording of section. See
975	s. 409.1451, F.S., for present text).
976	409.1451  The Road-to-Independence Program.-The Legislature
977	recognizes that most children and young adults are resilient
978	and, with adequate support, can expect to be successful as
979	independent adults. Not unlike all young adults, some young
980	adults who have lived in care need additional resources and
981	support for a period of time after reaching 18 years of age. The
982	Legislature intends for these young adults to receive the
983	education, training, and health care services necessary for them
984	to become self-sufficient through the Road-to-Independence
985	Program. A young adult who participates in the Road-to-
986	Independence Program may choose to remain in care until 21 years
987	of age and receive help achieving his or her postsecondary goals
988	by participating in the Foundations First Program, or he or she
989	may choose to receive financial assistance to attend college
990	through the College Bound Program.
991	(1)  THE FOUNDATIONS FIRST PROGRAM.-The Foundations First
992	Program is designed for young adults who have reached 18 years
993	of age but are not yet 21 years of age, and who need to finish
994	high school or who have a high school diploma, or its
995	equivalent, and want to achieve additional goals. These young
996	adults are ready to try postsecondary or vocational education,
997	try working part-time or full-time, or need help with issues
998	that might stand in their way of becoming employed. Young adults
999	who are unable to participate in any of these programs or
1000	activities full time due to an impairment, including behavioral,
1001	developmental, and cognitive disabilities, might also benefit
1002	from remaining in care longer. The provision of services under
1003	this subsection is intended to supplement, not supplant,
1004	services available under any other program for which the young
1005	adult is eligible, including, but not limited to, Medicaid
1006	waiver services, vocational rehabilitation programs, or school
1007	system programs. For purposes of this section, the term "child"
1008	means an individual who has not attained 21 years of age, and
1009	the term "young adult" means a child who has attained 18 years
1010	of age but who has not attained 21 years of age.
1011	(a)  Eligibility; termination; and reentry.-
1012	1.  A young adult who was living in licensed care on his or
1013	her 18th birthday or who is currently living in licensed care,
1014	or who after reaching 16 years of age was adopted from licensed
1015	care or placed with a court-approved dependency guardian, and
1016	has spent a minimum of 6 months in licensed care within the 12
1017	months immediately preceding such placement or adoption, is
1018	eligible for the Foundations First Program if he or she is:
1019	a.  Completing secondary education or a program leading to
1020	an equivalent credential;
1021	b.  Enrolled in an institution that provides postsecondary
1022	or vocational education;
1023	c.  Participating in a program or activity designed to
1024	promote, or eliminate barriers to, employment;
1025	d.  Employed for at least 80 hours per month; or
1026	e.  Unable to participate in these programs or activities
1027	full time due to a physical, intellectual, emotional, or
1028	psychiatric condition that limits participation. Any such
1029	restriction to participation must be supported by information in
1030	the young adult's case file or school or medical records of a
1031	physical, intellectual, or psychiatric condition that impairs
1032	the young adult's ability to perform one or more life
1033	activities.
1034	2.  The young adult in care must leave the Foundations
1035	First Program on the earliest of the date the young adult:
1036	a.  Knowingly and voluntarily withdraws his or her consent
1037	to participate;
1038	b.  Leaves care to live in a permanent home consistent with
1039	his or her permanency plan;
1040	c.  Reaches 21 years of age;
1041	d.  Becomes incarcerated in an adult or juvenile justice
1042	facility; or
1043	e.  In the case of a young adult with a disability, reaches
1044	22 years of age.
1045	3.  Notwithstanding the provisions of this paragraph, the
1046	department may not close a case and the court may not terminate
1047	its jurisdiction until it finds, following a hearing held after
1048	notice to all parties, that the following criteria have been
1049	met:
1050	a.  Attendance of the young adult at the hearing; or
1051	b.  Findings by the court that:
1052	(I)  The young adult has been informed by the department of
1053	his or her right to attend the hearing and has provided written
1054	consent to waive this right;
1055	(II)  The young adult has been informed of the potential
1056	negative effects of terminating care early, the option to
1057	reenter care before reaching 21 years of age, the procedure to,
1058	and limitations on, reentering care, the availability of
1059	alternative services, and that the young adult has signed a
1060	document attesting that he or she has been so informed and
1061	understands these provisions;
1062	(III)  The young adult has voluntarily left the program,
1063	has not signed the document in sub-sub-subparagraph (II), and is
1064	unwilling to participate in any further court proceedings; and
1065	(IV)  The department and the community-based care provider
1066	have complied with the case plan and any individual education
1067	plan. At the time of this judicial hearing, if, in the opinion
1068	of the court, the department and community-based provider have
1069	not complied with their obligations as specified in the case
1070	plan and any individual education plan, the court shall issue a
1071	show cause order. If cause is shown for failure to comply, the
1072	court shall give the department and community-based provider 30
1073	days within which to comply and, upon failure to comply with
1074	this or any subsequent order, the department and community-based
1075	provider may be held in contempt.
1076	4.  A young adult who left care at or after reaching his or
1077	her 18th birthday, but before reaching age 21, may be
1078	automatically readmitted to the program by applying to the
1079	community-based care provider. The community-based care provider
1080	shall readmit the young adult if he or she is engaged in the
1081	programs or activities described in this paragraph. Any
1082	additional readmissions require that the young adult petition
1083	the court to resume jurisdiction. The department and community-
1084	based provider shall update the case plan within 30 days after
1085	the young adult comes back into the Foundations First Program.
1086	(b)  Benefits and requirements.-
1087	1.  A stipend shall be available to a young adult who is
1088	considered a full-time student or its equivalent by the
1089	educational institution in which he or she is enrolled, unless
1090	that young adult has a recognized disability preventing full-
1091	time attendance. The amount of the award, whether it is being
1092	used by a young adult working toward completion of a high school
1093	diploma or its equivalent or working toward completion of a
1094	postsecondary education program, shall be determined based on an
1095	assessment of the funding needs of the young adult. This
1096	assessment must consider the young adult's living and
1097	educational costs based on the actual cost of attendance, and
1098	other grants, scholarships, waivers, earnings, or other income
1099	to be received by the young adult. An award shall be available
1100	only to the extent that other grants and scholarships are not
1101	sufficient to meet the living and educational needs of the young
1102	adult, but an award may not be less than $25 in order to
1103	maintain Medicaid eligibility for the young adult as provided in
1104	s. 409.903.
1105	2.  The young adult must reside in a semi-supervised living
1106	arrangement. For the purposes of this requirement, a "semi-
1107	supervised living arrangement" includes foster homes, college
1108	dormitories, shared housing, semi-supervised apartments,
1109	supervised apartments, or another housing arrangement approved
1110	by the provider and acceptable to the young adult.
1111	3.  Payment of the stipend shall be made directly on the
1112	recipient's behalf in order to secure housing and utilities,
1113	with the balance being paid directly to the young adult.
1114	4.  A young adult who so desires may continue to reside
1115	with the licensed foster family or group care provider with whom
1116	he or she was residing at the time he or she attained his or her
1117	18th birthday. The department shall pay directly to the foster
1118	parent the recipient's costs for room and board services, with
1119	the balance paid directly to the young adult.
1120	(c)  Transition plan.-For all young adults during the 180-
1121	day period immediately before leaving care, before reaching 21
1122	years of age, or after leaving care on or after reaching 21
1123	years of age, the department and the community-based care
1124	provider, in collaboration with the caregiver, any other
1125	designated education advocate, or any other individual whom the
1126	young adult would like to include, shall assist and support the
1127	young adult in developing a transition plan. The transition plan
1128	must take into account all of the education and other
1129	achievements of the young adult, include specific options for
1130	the young adult for housing, health insurance, education, local
1131	opportunities for mentors and continuing support services, and
1132	workforce support and employment services, and must be reviewed
1133	by the court during the last review hearing before the child
1134	leaves care. In developing the plan, the department and
1135	community-based provider shall:
1136	1.  Provide the young adult with the documentation required
1137	in s. 39.701(7);
1138	2.  Coordinate with local public and private entities in
1139	designing the transition plan as appropriate;
1140	3.  Coordinate the transition plan with the independent
1141	living provisions in the case plan and the Individuals with
1142	Disabilities Education Act transition plan for a young adult
1143	with disabilities; and
1144	4.  Create a clear and developmentally appropriate notice
1145	specifying the rights of a young adult who is leaving care. The
1146	notice must include information about what services the young
1147	adult may be eligible for and how such services may be obtained.
1148	The plan must clearly identify the young adult's goals and the
1149	work that will be required to achieve those goals.
1150	(d)  Periodic reviews for young adults.-
1151	1.  For any young adult who continues to remain in care on
1152	or after reaching 18 years of age, the department and community-
1153	based provider shall implement a case review system that
1154	requires:
1155	a.  A judicial review at least once a year;
1156	b.  The court to maintain oversight to ensure that the
1157	department is coordinating with the appropriate agencies, and,
1158	as otherwise permitted, maintains oversight of other agencies
1159	involved in implementing the young adult's case plan and
1160	individual education plan;
1161	c.  The department to prepare and present to the court a
1162	report, developed in collaboration with the young adult,
1163	addressing the young adult's progress in meeting the goals in
1164	the case plan and individual education plan, and shall propose
1165	modifications as necessary to further those goals;
1166	d.  The court to determine whether the department and any
1167	service provider under contract with the department is providing
1168	the appropriate services as identified in the case plan and any
1169	individual education plan. If the court decides that the young
1170	adult is entitled to additional services in order to achieve the
1171	goals enumerated in the case plan, under the department's
1172	policies, or under a contract with a service provider, the court
1173	may order the department to take action to ensure that the young
1174	adult receives the identified services and remediation for any
1175	failure to timely provide identified services; and
1176	e.  The young adult or any other party to the dependency
1177	case may request an additional hearing or review.
1178	2.  In all permanency hearings or hearings regarding the
1179	transition of the young adult from care to independent living,
1180	the court shall consult, in an age-appropriate manner, with the
1181	young adult regarding the proposed permanency, case plan, and
1182	individual education plan for the young adult.
1183	3.  For any young adult who continues to remain in care on
1184	or after reaching 18 years of age, the community-based care
1185	provider shall provide regular case management reviews that must
1186	include at least monthly contact with the case manager.
1187	(e)  Early entry into Foundations First.-A child who has
1188	reached 16 years of age but is not yet 18 years of age is
1189	eligible for early entry into the program, if he or she meets
1190	the eligibility requirements, as determined by the case manager
1191	and the department, using procedures and assessments established
1192	by rule.
1193	(2)  THE COLLEGE BOUND PROGRAM.-
1194	(a)  Purpose.-This program is designed for young adults who
1195	are 18 years of age but are not yet 23 years of age, have
1196	graduated from high school, have been accepted into a college, a
1197	Florida College System institution, or a vocational school, and
1198	need minimal support from the state other than the financial
1199	resources to attend college.
1200	(b)  Eligibility; termination; and reentry.-
1201	1.  A young adult who has earned a standard high school
1202	diploma or its equivalent as described in s. 1003.43 or s.
1203	1003.435, has earned a special diploma or special certificate of
1204	completion as described in s. 1003.438, or has been admitted for
1205	full-time enrollment in an eligible postsecondary educational
1206	institution as defined in s. 1009.533, and is 18 years of age
1207	but is not yet 23 years of age is eligible for the College Bound
1208	Program if he or she:
1209	a.  Was living in care on his or her 18th birthday or is
1210	currently living in care, or, after reaching 16 years of age,
1211	was adopted from care or placed with a court-approved dependency
1212	guardian and has spent a minimum of 6 months in care within the
1213	12 months immediately preceding such placement or adoption; and
1214	b.  Spent at least 6 months in care before reaching his or
1215	her 18th birthday.
1216	2.  A young adult with a disability may attend school part
1217	time and be eligible for this program.
1218	3.  A stipend is available to a young adult who is
1219	considered a full-time student or its equivalent by the
1220	educational institution in which he or she is enrolled, unless
1221	that young adult has a recognized disability preventing full-
1222	time attendance. The amount of the award shall be determined
1223	based on an assessment of the funding needs of the young adult.
1224	This assessment must consider the young adult's living and
1225	educational costs based on the actual cost of attendance, and
1226	other grants, scholarships, waivers, earnings, or other income
1227	to be received by the young adult. An award is available only to
1228	the extent that other grants and scholarships are not sufficient
1229	to meet the living and educational needs of the young adult, but
1230	an award may not be less than $25 in order to maintain Medicaid
1231	eligibility for the young adult as provided in s. 409.903.
1232	4.  An eligible young adult may receive a stipend for the
1233	subsequent academic years if, for each subsequent academic year,
1234	the young adult meets the standards by which the approved
1235	institution measures a student's satisfactory academic progress
1236	toward completion of a program of study for the purposes of
1237	determining eligibility for federal financial aid under the
1238	Higher Education Act. Any young adult who is placed on academic
1239	probation may continue to receive a stipend for one additional
1240	semester if the approved institution allows the student to
1241	continue in school. If the student fails to make satisfactory
1242	academic progress in the semester or term subsequent to the term
1243	in which he received academic probation, the stipend assistance
1244	is discontinued for the period required for the young adult to
1245	be reinstated by the college or university. Upon reinstatement,
1246	a young adult who has not yet reached 23 years of age may
1247	reapply for financial assistance.
1248	(3)  EMERGENCY ASSISTANCE.-
1249	(a)  Emergency assistance is available to assist young
1250	adults who were formerly in the care of the department in their
1251	efforts to continue to develop the skills and abilities
1252	necessary for independent living. Such assistance includes, but
1253	is not limited to, the following:
1254	1.  Mentoring and tutoring.
1255	2.  Mental health services and substance abuse counseling.
1256	3.  Life skills classes, including credit management and
1257	preventive health activities.
1258	4.  Parenting classes.
1259	5.  Job and career skills training.
1260	6.  Counselor consultations.
1261	7.  Temporary financial assistance.
1262	8.  Financial literacy skills training.
1263
1264	The specific services to be provided under this subparagraph
1265	shall be determined by an assessment of the young adult and may
1266	be provided by the community-based care provider or through
1267	referrals in the community.
1268	(b)  Temporary assistance provided to prevent homelessness
1269	shall be provided as expeditiously as possible and within the
1270	limitations defined by the department.
1271	(c)  A young adult who is 18 years of age or older but is
1272	not yet 23 years of age who leaves care but requests services
1273	before reaching 23 years of age is eligible to receive such
1274	services.
1275	(4)  APPEAL PROCESS.-
1276	(a)  The Department of Children and Family Services shall
1277	adopt a procedure by which a young adult may appeal an
1278	eligibility determination, the department's failure to provide
1279	Road-to-Independence Program services, or the termination of
1280	such services, if funds for such services or stipend are
1281	available.
1282	(b)  The procedure must be readily accessible to young
1283	adults, must provide for timely decisions, and must provide for
1284	an appeal to the department. The decision of the department
1285	constitutes final agency action and is reviewable by the court
1286	as provided in s. 120.68.
1287	(5)  PORTABILITY.-The services provided under this section
1288	are portable across county and state lines.
1289	(a)  The services provided for in the original transition
1290	plan shall be provided by the county where the young adult
1291	resides but shall be funded by the county where the transition
1292	plan was initiated. The care managers of the county of residence
1293	and the county of origination must coordinate to ensure a smooth
1294	transition for the young adult.
1295	(b)  If a child in care under 18 years of age is placed in
1296	another state, the sending state is responsible for care
1297	maintenance payments, case planning, including a written
1298	description of the programs and services that will help a child
1299	16 years of age or older prepare for the transition from care to
1300	independence, and a case review system as required by federal
1301	law. The sending state has placement and care responsibility for
1302	the child.
1303	(c)  If a young adult formerly in care moves to another
1304	state from the state in which he or she has left care due to
1305	age, the state shall certify that it will provide assistance and
1306	federally funded independent living services to the young adult
1307	who has left care because he or she is 18 years of age. The
1308	state in which the young adult resides is responsible for
1309	services if the state provides the services needed by the young
1310	adult.
1311	(6)  ACCOUNTABILITY.-
1312	(a)  The community-based care lead agencies and their
1313	contracted providers shall report the following information to
1314	the department:
1315	1.  Out of the total number of young adults who remain in
1316	care upon reaching 18 years of age, the number of young adults
1317	who do not have a high school diploma or its equivalent, a
1318	special diploma, or a certificate of completion. Out of those
1319	young adults without a diploma or its equivalent, a special
1320	diploma, or a certificate of completion, the number of young
1321	adults who are receiving assistance through tutoring and other
1322	types of support.
1323	2.  Out of the total number of young adults who decided to
1324	remain in care after reaching 18 years of age, a breakdown of
1325	academic and career goals and type of living arrangement.
1326	3.  The same information required in subparagraphs 1. and
1327	2., specific to young adults in care with a disability.
1328	4.  Out of the total number of young adults remaining in
1329	care, the number of young adults who are enrolled in an
1330	educational or vocational program and a breakdown of the types
1331	of programs.
1332	5.  Out of the total number of young adults remaining in
1333	care, the number of young adults who are working and a breakdown
1334	of the types of employment held.
1335	6.  Out of the total number of young adults remaining in
1336	care, the number of young adults who have a disability and a
1337	breakdown of how many young adults are in school, are training
1338	for employment, are employed, or are unable to participate in
1339	any of these activities.
1340	7.  Evidence that the lead agency has established a working
1341	relationship with the Department of Economic Opportunity and the
1342	regional workforce boards within the Division of Workforce
1343	Services, the Able Trust, and other entities that provide
1344	services related to gaining employment.
1345	8.  Out of the total number of young adults in care upon
1346	reaching 18 years of age, the number of young adults who are in
1347	the Road-to-Independence Program and a breakdown by the schools
1348	or other programs they are attending.
1349	9.  Out of the total number of young adults who are in
1350	postsecondary institutions, a breakdown of the types and amounts
1351	of financial support received from sources other than the Road-
1352	to-Independence Program.
1353	10.  Out of the total number of young adults who are in
1354	postsecondary institutions, a breakdown of the types of living
1355	arrangements.
1356	(b)  Each community-based care lead agency shall provide
1357	its report to the department and to the Independent Living
1358	Services Advisory Council by September 30 of each year. The
1359	department shall compile the reports from each community-based
1360	care lead agency and provide them to the Legislature by December
1361	31 of each year, with the first report due to the Legislature on
1362	December 31, 2012.
1363	(7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.-The
1364	secretary shall establish the Independent Living Services
1365	Advisory Council for the purpose of reviewing and making
1366	recommendations concerning the implementation and operation of
1367	the provisions of s. 39.6015 and the Road-to-Independence
1368	Program. The advisory council shall function as specified in
1369	this subsection until the Legislature determines that the
1370	advisory council can no longer provide a valuable contribution
1371	to the department's efforts to achieve the goals of the services
1372	designed to enable a young adult to live independently.
1373	(a)  Specifically, the advisory council shall assess the
1374	implementation and operation of the provisions of s. 39.6015 and
1375	the Road-to-Independence Program and advise the department on
1376	actions that would improve the ability of those Road-to-
1377	Independence Program services to meet the established goals. The
1378	advisory council shall keep the department informed of problems
1379	being experienced with the services, barriers to the effective
1380	and efficient integration of services and support across
1381	systems, and successes that the system of services has achieved.
1382	The department shall consider, but is not required to implement,
1383	the recommendations of the advisory council.
1384	(b)  The advisory council shall report to the secretary on
1385	the status of the implementation of the Road-To-Independence
1386	Program; efforts to publicize the availability of the Road-to-
1387	Independence Program; the success of the services; problems
1388	identified; recommendations for department or legislative
1389	action; and the department's implementation of the
1390	recommendations contained in the Independent Living Services
1391	Integration Workgroup Report submitted to the appropriate
1392	substantive committees of the Legislature by December 31, 2013.
1393	The department shall submit a report by December 31 of each year
1394	to the Governor and the Legislature which includes a summary of
1395	the factors reported on by the council and identifies the
1396	recommendations of the advisory council and either describes the
1397	department's actions to implement the recommendations or
1398	provides the department's rationale for not implementing the
1399	recommendations.
1400	(c)  Members of the advisory council shall be appointed by
1401	the secretary of the department. The membership of the advisory
1402	council must include, at a minimum, representatives from the
1403	headquarters and district offices of the Department of Children
1404	and Family Services, community-based care lead agencies, the
1405	Department of Economic Opportunity, the Department of Education,
1406	the Agency for Health Care Administration, the State Youth
1407	Advisory Board, Workforce Florida, Inc., the Statewide Guardian
1408	Ad Litem Office, foster parents, recipients of services and
1409	funding through the Road-to-Independence Program, and advocates
1410	for children in care. The secretary shall determine the length
1411	of the term to be served by each member appointed to the
1412	advisory council, which may not exceed 4 years.
1413	(d)  The department shall provide administrative support to
1414	the Independent Living Services Advisory Council to accomplish
1415	its assigned tasks. The advisory council shall be afforded
1416	access to all appropriate data from the department, each
1417	community-based care lead agency, and other relevant agencies in
1418	order to accomplish the tasks set forth in this section. The
1419	data collected may not include any information that would
1420	identify a specific child or young adult.
1421	(e)  The advisory council report required under paragraph
1422	(b), shall include an analysis of the system of independent
1423	living transition services for young adults who reach 18 years
1424	of age while in care prior to completing high school or its
1425	equivalent and recommendations for department or legislative
1426	action. The council shall assess and report on the most
1427	effective method of assisting these young adults to complete
1428	high school or its equivalent by examining the practices of
1429	other states.
1430	(8)  PERSONAL PROPERTY.-Property acquired on behalf of a
1431	young adult of this program shall become the personal property
1432	of the young adult and is not subject to the requirements of
1433	chapter 273 relating to state-owned tangible personal property.
1434	Such property continues to be subject to applicable federal
1435	laws.
1436	(9)  MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN CARE.-
1437	The department shall enroll in the Florida Kidcare program,
1438	outside the open enrollment period, each young adult who is
1439	eligible as described in paragraph (1)(a) and who has not yet
1440	reached his or her 19th birthday.
1441	(a)  A young adult who was formerly in care at the time of
1442	his or her 18th birthday and who is 18 years of age but not yet
1443	19 years of age, shall pay the premium for the Florida Kidcare
1444	program as required in s. 409.814.
1445	(b)  A young adult who has health insurance coverage from a
1446	third party through his or her employer or who is eligible for
1447	Medicaid is not eligible for enrollment under this subsection.
1448	(10)  RULEMAKING.-The department shall adopt rules to
1449	administer this section. The rules shall provide the procedures
1450	and requirements necessary to administer the Road-to-
1451	Independence Program. In developing the rules, the department
1452	shall consider that the program is for young adults who remain
1453	in care for an extended period of time or who are planning to
1454	attain postsecondary education and accommodate a young adult's
1455	busy life and schedule. The rules shall make the program easy
1456	for a qualified young adult to access and facilitate and
1457	encourage his or her participation.
1458	Section 6.  Paragraph (f) of subsection (3) of section
1459	409.165, Florida Statutes, is amended to read:
1460	409.165  Alternate care for children.-
1461	(3)  With the written consent of parents, custodians, or
1462	guardians, or in accordance with those provisions in chapter 39
1463	that relate to dependent children, the department, under rules
1464	properly adopted, may place a child:
1465	(f)  In an a subsidized independent living situation,
1466	subject to the provisions of s. 409.1451(4)(c),
1467
1468	under such conditions as are determined to be for the best
1469	interests or the welfare of the child. Any child placed in an
1470	institution or in a family home by the department or its agency
1471	may be removed by the department or its agency, and such other
1472	disposition may be made as is for the best interest of the
1473	child, including transfer of the child to another institution,
1474	another home, or the home of the child. Expenditure of funds
1475	appropriated for out-of-home care can be used to meet the needs
1476	of a child in the child's own home or the home of a relative if
1477	the child can be safely served in the child's own home or that
1478	of a relative if placement can be avoided by the expenditure of
1479	such funds, and if the expenditure of such funds in this manner
1480	is calculated by the department to be a potential cost savings.
1481	Section 7.  Subsection (4) of section 409.903, Florida
1482	Statutes, is amended to read:
1483	409.903  Mandatory payments for eligible persons.-The
1484	agency shall make payments for medical assistance and related
1485	services on behalf of the following persons who the department,
1486	or the Social Security Administration by contract with the
1487	Department of Children and Family Services, determines to be
1488	eligible, subject to the income, assets, and categorical
1489	eligibility tests set forth in federal and state law. Payment on
1490	behalf of these Medicaid eligible persons is subject to the
1491	availability of moneys and any limitations established by the
1492	General Appropriations Act or chapter 216.
1493	(4)  A child who is eligible under Title IV-E of the Social
1494	Security Act for subsidized board payments, foster care, or
1495	adoption subsidies, and a child for whom the state has assumed
1496	temporary or permanent responsibility and who does not qualify
1497	for Title IV-E assistance but is in foster care, shelter or
1498	emergency shelter care, or subsidized adoption. This category
1499	includes a young adult who is eligible to receive services under
1500	s. 409.1451(5), until the young adult reaches 21 years of age,
1501	without regard to any income, resource, or categorical
1502	eligibility test that is otherwise required. This category also
1503	includes a person who as a child was eligible under Title IV-E
1504	of the Social Security Act for foster care or the state-provided
1505	foster care and who is a participant in the Road-to-Independence
1506	Program.
1507	Section 8.  Subsection (13) of section 420.0004, Florida
1508	Statutes, is amended to read:
1509	420.0004  Definitions.-As used in this part, unless the
1510	context otherwise indicates:
1511	(13)  "Person with special needs" means an adult person
1512	requiring independent living services in order to maintain
1513	housing or develop independent living skills and who has a
1514	disabling condition; a young adult formerly in foster care who
1515	is eligible for services under s. 409.1451(5); a survivor of
1516	domestic violence as defined in s. 741.28; or a person receiving
1517	benefits under the Social Security Disability Insurance (SSDI)
1518	program or the Supplemental Security Income (SSI) program or
1519	from veterans' disability benefits.
1520	Section 9.  The Department of Children and Family Services
1521	shall format the case plan and the judicial review social
1522	service report consistent with the provisions of ss. 39.6015 and
1523	409.1451, Florida Statutes.
1524	Section 10.  Effective October 1, 2012, a child or young
1525	adult who is a participant in the Road-to-Independence Program
1526	may continue in the program as it exists through December 31,
1527	2012. Effective January 1, 2013, a child or young adult who is a
1528	participant in the program shall transfer to the program
1529	services provided in this act and his or her monthly stipend may
1530	not be reduced, the method of payment of the monthly stipend may
1531	not be changed, and the young adult may not be required to
1532	change his or her living arrangement. These conditions shall
1533	remain in effect for a child or young adult until he or she
1534	ceases to meet the eligibility requirements under which he or
1535	she entered the Road-to-Independence Program. A child or young
1536	adult applying or reapplying for the Road-to-Independence
1537	Program on or after October 1, 2012, may apply for program
1538	services only as provided in this act.
1539	Section 11.  This act shall take effect July 1, 2012.

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