SB 434 First Engrossed
2012434e1
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; creating s. 39.015, F.S.; providing
8 the department shall be the guardian of the person of
9 a child placed in the department’s custody by the
10 court; providing an exception related to medical care
11 or treatment; providing for the exercise of
12 guardianship through a community-based care lead
13 agency or contracted provider acting on behalf of the
14 department; amending s. 39.6012, F.S.; requiring
15 assurance in a child’s case plan that efforts were
16 made to avoid a change in the child’s school;
17 requiring that the case plan contain procedures for an
18 older child to directly access and manage a personal
19 allowance; creating s. 39.6015, F.S.; providing
20 purpose and legislative intent with respect to the
21 provision of services for older children who are in
22 licensed care; requiring the documentation of
23 assurances that school stability is considered when a
24 child in care is moved; providing for the same
25 assurances for children with disabilities; defining
26 the term “school of origin”; requiring the Department
27 of Children and Family Services or the community-based
28 provider to provide reimbursement for the costs of
29 transportation provided for a child in care; requiring
30 changes in a child’s school to be minimally
31 disruptive; specifying criteria to be considered by
32 the department and community-based provider during the
33 transition of a child to another school; requiring
34 children in care to attend school; requiring scheduled
35 appointments to consider the child’s school
36 attendance; providing penalties for caregivers who
37 refuse or fail to ensure that the child attends school
38 regularly; specifying who may serve as an education
39 advocate; requiring documentation that an education
40 advocate or surrogate parent has been designated or
41 appointed for a child in care; requiring a child in
42 middle school to complete an electronic personal
43 academic and career plan; requiring caregivers to
44 attend school meetings; specifying requirements for
45 individual education transition plan meetings for
46 children with disabilities; requiring that a child be
47 provided with information relating to the Road-to
48 Independence Program; requiring that the caregiver or
49 education advocate attend parent-teacher conferences;
50 requiring that a caregiver be provided with access to
51 school resources in order to enable a child to achieve
52 educational success; requiring the delivery of a
53 curriculum model relating to self-advocacy; requiring
54 documentation of a child’s progress, the services
55 needed, and the party responsible for providing
56 services; specifying choices for a child with respect
57 to diplomas and certificates for high school
58 graduation or completion; providing that a child with
59 a disability may stay in school until 22 years of age
60 under certain circumstances; requiring caregivers to
61 remain involved in the academic life of a child in
62 high school; requiring documentation of a child’s
63 progress, the services needed, and the party who is
64 responsible for providing services; providing for a
65 child to be exposed to job-preparatory instruction,
66 enrichment activities, and volunteer and service
67 opportunities, including activities and services
68 offered by the Department of Economic Opportunity;
69 requiring that children in care be afforded
70 opportunities to participate in the usual activities
71 of school, community, and family life; requiring the
72 department to work with the Agency for Health Care
73 Administration and other stakeholders to develop a
74 plan for providing comprehensive health care for a
75 child; requiring a report; requiring the department to
76 work with the Independent Living Services Advisory
77 Council to develop strategies to ensure that no child
78 leaves care without a permanent connection to a
79 committed adult; requiring a report; requiring
80 caregivers to encourage and support a child’s
81 participation in extracurricular activities; requiring
82 that transportation be provided for a child; providing
83 for the development of a transition plan; specifying
84 the contents of a transition plan; requiring that the
85 plan be reviewed by the court; requiring that a child
86 be provided with specified documentation; requiring
87 that the transition plan be coordinated with the case
88 plan and a transition plan prepared pursuant to the
89 Individuals with Disabilities Education Act for a
90 child with disabilities; requiring the creation of a
91 notice that specifies the options that are available
92 to the child; requiring that community-based care lead
93 agencies and contracted providers report specified
94 data to the department and Legislature; amending s.
95 39.701, F.S.; conforming terminology; specifying the
96 required considerations during judicial review of a
97 child under the jurisdiction of the court; specifying
98 additional documents that must be provided to a child
99 and that must be verified at the judicial review;
100 requiring judicial review of a transition plan;
101 amending s. 409.1451, F.S., relating to the Road-to
102 Independence Program; creating the Foundations First
103 Program for young adults who want to remain in care
104 after reaching 18 years of age; providing eligibility,
105 termination, and reentry requirements for the program;
106 requiring a court hearing before termination;
107 providing for the development of a transition plan;
108 specifying the contents of the transition plan;
109 requiring that a young adult be provided with
110 specified documentation; requiring that the transition
111 plan be coordinated with the case plan and a
112 transition plan prepared pursuant to the Individuals
113 with Disabilities Education Act for a young adult with
114 disabilities; requiring the creation of a notice that
115 specifies the options that are available to the young
116 adult; requiring annual judicial reviews; creating the
117 College Bound Program for young adults who have
118 completed high school and have been admitted to an
119 eligible postsecondary institution; providing
120 eligibility requirements; providing for a stipend;
121 requiring satisfactory academic progress for
122 continuation of the stipend; providing for
123 reinstatement of the stipend; providing for
124 portability of services for a child or young adult who
125 moves out of the county or out of state; specifying
126 data required to be reported to the department and
127 Legislature; conforming terminology relating to the
128 Independent Living Services Advisory Council;
129 providing rulemaking authority to the Department of
130 Children and Family Services; amending s. 409.166,
131 F.S.; providing for adoption assistance to be paid for
132 a young adult until the age of 21 if the young adult
133 meets specified conditions; amending s. 409.903, F.S.;
134 conforming a cross-reference; requiring the department
135 to amend the case plan and judicial social service
136 review formats; providing for young adults receiving
137 transition services to continue to receive existing
138 services until December 31, 2012; providing
139 exceptions; providing an effective date.
140
141 Be It Enacted by the Legislature of the State of Florida:
142
143 Section 1. Subsection (2) of section 39.013, Florida
144 Statutes, is amended to read:
145 39.013 Procedures and jurisdiction; right to counsel.—
146 (2) The circuit court has exclusive original jurisdiction
147 of all proceedings under this chapter, of a child voluntarily
148 placed with a licensed child-caring agency, a licensed child
149 placing agency, or the department, and of the adoption of
150 children whose parental rights have been terminated under this
151 chapter. Jurisdiction attaches when the initial shelter
152 petition, dependency petition, or termination of parental rights
153 petition is filed or when a child is taken into the custody of
154 the department. The circuit court may assume jurisdiction over
155 any such proceeding regardless of whether the child was in the
156 physical custody of both parents, was in the sole legal or
157 physical custody of only one parent, caregiver, or some other
158 person, or was in the physical or legal custody of no person
159 when the event or condition occurred that brought the child to
160 the attention of the court. When the court obtains jurisdiction
161 of any child who has been found to be dependent, the court shall
162 retain jurisdiction, unless relinquished by its order, until the
163 child reaches 18 years of age. However, if a young adult youth
164 petitions the court at any time before his or her 19th birthday
165 requesting the court’s continued jurisdiction, the juvenile
166 court may retain jurisdiction under this chapter for a period
167 not to exceed 1 year following the young adult’s youth’s 18th
168 birthday for the purpose of determining whether appropriate
169 aftercare support, Road-to-Independence Program, transitional
170 support, mental health, and developmental disability services
171 that were required to be provided to the young adult before
172 reaching 18 years of age, to the extent otherwise authorized by
173 law, have been provided to the formerly dependent child who was
174 in the legal custody of the department immediately before his or
175 her 18th birthday. If a young adult chooses to participate in
176 the Foundations First Program, the court shall retain
177 jurisdiction until the young adult leaves the program as
178 provided for in s. 409.1451(4). The court shall review the
179 status of the young adult at least every 12 months or more
180 frequently if the court deems it necessary. If a petition for
181 special immigrant juvenile status and an application for
182 adjustment of status have been filed on behalf of a foster child
183 and the petition and application have not been granted by the
184 time the child reaches 18 years of age, the court may retain
185 jurisdiction over the dependency case solely for the purpose of
186 allowing the continued consideration of the petition and
187 application by federal authorities. Review hearings for the
188 child shall be set solely for the purpose of determining the
189 status of the petition and application. The court’s jurisdiction
190 terminates upon the final decision of the federal authorities.
191 Retention of jurisdiction in this instance does not affect the
192 services available to a young adult under s. 409.1451. The court
193 may not retain jurisdiction of the case after the immigrant
194 child’s 22nd birthday.
195 Section 2. Section 39.015, Florida Statutes, is created to
196 read:
197 39.015 Guardianship of children placed in the department’s
198 custody.- The department shall be the guardian of the person of
199 children who are placed by court order in the department’s
200 custody, through either shelter care or foster care. Unless
201 parental rights are terminated, this guardianship does not
202 include the right to consent to extraordinary medical care or
203 treatment and does not include any other rights specifically
204 retained to the parents by court order entered pursuant to this
205 chapter. The department shall exercise its guardianship of a
206 child through individual staff of its community-based care lead
207 agency or its contracted providers, acting on behalf of the
208 department.
209 Section 3. Subsections (2) and (3) of section 39.6012,
210 Florida Statutes, are amended, and subsection (4) is added to
211 that section, to read:
212 39.6012 Case plan tasks; services.—
213 (2) The case plan must include all available information
214 that is relevant to the child’s care including, at a minimum:
215 (a) A description of the identified needs of the child
216 while in care.
217 (b) A description of the plan for ensuring that the child
218 receives safe and proper care and that services are provided to
219 the child in order to address the child’s needs. To the extent
220 available and accessible, the following health, mental health,
221 and education information and records of the child must be
222 attached to the case plan and updated throughout the judicial
223 review process:
224 1. The names and addresses of the child’s health, mental
225 health, and educational providers;
226 2. The child’s grade level performance;
227 3. The child’s school record;
228 4. Assurances that the child’s placement takes into account
229 proximity to the school in which the child is enrolled at the
230 time of placement and that efforts were made to allow the child
231 to remain in that school if it is in the best interest of the
232 child;
233 5. A record of the child’s immunizations;
234 6. The child’s known medical history, including any known
235 problems;
236 7. The child’s medications, if any; and
237 8. Any other relevant health, mental health, and education
238 information concerning the child.
239 (3) In addition to any other requirement, if the child is
240 in an out-of-home placement, the case plan must include:
241 (a) A description of the type of placement in which the
242 child is to be living.
243 (b) A description of the parent’s visitation rights and
244 obligations and the plan for sibling visitation if the child has
245 siblings and is separated from them.
246 (c) When appropriate, for a child who is in middle school
247 or high school 13 years of age or older, a written description
248 of the programs and services that will help the child prepare
249 for the transition from foster care to independent living.
250 (d) A discussion of the safety and the appropriateness of
251 the child’s placement, which placement is intended to be safe,
252 and the least restrictive and the most family-like setting
253 available consistent with the best interest and special needs of
254 the child and in as close proximity as possible to the child’s
255 home.
256 (4) The case plan must contain procedures for an older
257 child to directly access and manage the personal allowance he or
258 she receives from the department in order to learn
259 responsibility and participate, to the extent feasible, in age
260 appropriate life skills activities.
261 Section 4. Section 39.6015, Florida Statutes, is created to
262 read:
263 39.6015 Services for older children in care.—
264 (1) PURPOSE AND INTENT.—
265 (a) The Legislature acknowledges that safety, permanency,
266 and well-being are critical goals for all children, especially
267 for those in care, and that well-being depends on receiving a
268 quality education, being provided with comprehensive health care
269 and developing a permanent connection to a supportive adult. The
270 Legislature finds that well-being also depends on each child in
271 care being engaged in a broad range of the usual activities of
272 family, school, and community life during adolescence that will
273 help to empower the child in his or her transition into
274 adulthood and in living independently.
275 (b) The Legislature recognizes that education and the other
276 positive experiences of a child are key to a successful future
277 as an adult and that it is particularly important for a child in
278 care to be provided with opportunities to succeed. The
279 Legislature intends that individuals and communities become
280 involved in the education of a child in care, address issues
281 that will improve the educational outcomes for the child, and
282 find ways to ensure that the child values and receives a high
283 quality education. Many professionals in the local community
284 understand these issues, and it is the intent of the Legislature
285 that biological parents, caregivers, educators, advocates, the
286 department and its community-based care providers, guardians ad
287 litem, and judges, in fulfilling their responsibilities to the
288 child, work together to ensure that an older child in care has
289 access to the same academic resources, services, and
290 extracurricular and enrichment activities that are available to
291 all children. The Legislature intends for education services to
292 be delivered in an age-appropriate and developmentally
293 appropriate manner, along with modifications or accommodations
294 as may be necessary to include every child, specifically
295 including a child with a disability.
296 (c) The Legislature also recognizes that there are many
297 challenges and barriers to providing comprehensive health care
298 for children in care. These include the extensive and complex
299 health care needs of children in care and the lack of a
300 coordinated health care system to meet those needs. The
301 Legislature finds that challenges within the child welfare
302 system include the frequency of placement changes that many
303 children experience while in care, lack of medical history
304 information, and the poor integration of health care plans and
305 permanency plans. Challenges within the health care system are
306 primarily related to insufficient service capacity and a lack of
307 qualified providers, especially mental health providers and
308 dentists, who have experience with and are willing to serve
309 children in care. The Legislature intends that every child in
310 care be provided with appropriate, adequate and comprehensive
311 health care.
312 (d) The Legislature finds that while it is important to
313 provide children with independent living skills, those skills
314 must be built upon a foundation of permanent connections to
315 family and other supportive adults. Children must have a
316 permanent connection with at least one committed adult who
317 provides a safe, stable, and secure parenting relationship;
318 love, unconditional commitment, and lifelong support; and a
319 legal relationship, if possible. The Legislature recognizes the
320 need to focus more broadly on creating permanent family
321 relationships and connections for, and with, children in care
322 and intends that no child leaves care without a lifelong
323 connection to a supportive adult.
324 (e) It is further the intent of the Legislature that while
325 services to prepare a child for life on his or her own are
326 important, these services will not diminish efforts to achieve
327 permanency goals of reunification, adoption, or permanent
328 guardianship.
329 (2) EDUCATION PROVISIONS.—Perhaps more than any other
330 population, an older child in care is in need of a quality
331 education. The child depends on the school to provide positive
332 role models, to provide a network of relationships and
333 friendships that will help the child gain social and personal
334 skills, and to provide the educational opportunities and other
335 activities that are needed for a successful transition into
336 adulthood.
337 (a) Definitions.—As used in this section, the term:
338 1. “Caregiver” has the same meaning as provided in s.
339 39.01(10) and also includes a staff member of the group home or
340 facility in which the child resides.
341 2. “School of origin” means the school that the child
342 attended before coming into care or the school in which the
343 child was last enrolled. If the child is relocated outside the
344 area of the school of origin, the department and its community
345 based providers shall provide the necessary support to the
346 caregiver so that the child can continue enrollment in the
347 school of origin if it is in the best interest of the child.
348 (b) School stability.—The mobility of a child in care can
349 disrupt the educational experience. Whenever a child enters
350 care, or is moved from one home to another, the proximity of the
351 new home to the child’s school of origin shall be considered.
352 The case plan must include tasks or a plan for ensuring the
353 child’s educational stability while in care. As part of this
354 plan, the community-based care provider shall document
355 assurances that:
356 1. The appropriateness of the current educational setting
357 and the proximity to the school in which the child is enrolled
358 at the time of coming into care have been taken into
359 consideration.
360 2. The community-based care provider has coordinated with
361 the appropriate local school district to determine if the child
362 can remain in the school in which he or she is enrolled.
363 3. The child in care has been asked about his or her
364 educational preferences and needs, including his or her view on
365 whether to change schools when the living situation changes.
366 4. A child with a disability is allowed to continue in an
367 appropriate educational setting, regardless of changes to the
368 location of the home, and transportation is addressed and
369 provided in accordance with the child’s individualized education
370 program. A child with a disability shall receive the protections
371 provided in federal and state law, including timelines for
372 evaluations, implementation of an individualized education plan
373 or an individual family service plan, and placement in the least
374 restrictive environment, even when the child changes school
375 districts.
376 5. The department and its community-based providers shall
377 provide special reimbursement for expenses associated with
378 transporting a child to his or her school of origin if the
379 school district does not provide transportation or the
380 individualized education plan does not include transportation as
381 a service. Transportation arrangements shall follow a route that
382 is as direct and expedient for the child as is reasonably
383 possible.
384 (c) School transitions.—A change in schools, if necessary,
385 shall be as least disruptive as possible, and the support
386 necessary for a successful transition shall be provided by the
387 department, the community-based provider, and the caregiver. The
388 department and the community-based providers shall work with
389 school districts to develop and implement procedures to ensure
390 that a child in care:
391 1. Is enrolled immediately in a new school and can begin
392 classes promptly.
393 2. Does not experience a delay in enrollment and delivery
394 of appropriate services due to school or record requirements as
395 required by s. 1003.22.
396 3. Has education records that are comprehensive and
397 accurate and that promptly follow the child to a new school.
398 4. Is allowed to participate in all academic and
399 extracurricular programs, including athletics, when arriving at
400 a new school in the middle of a school term, even if normal
401 timelines have passed or programs are full. A district school
402 board or school athletic association, including the Florida High
403 School Athletic Association or its successor, may not prevent,
404 or create barriers to, the ability of a child in care to
405 participate in age-appropriate extracurricular, enrichment, or
406 social activities.
407 5. Receives credit or partial credit for coursework
408 completed at the prior school.
409 6. Has the ability to receive a high school diploma even
410 when the child has attended multiple schools that have varying
411 graduation requirements.
412 (d) School attendance.—A child in care shall attend school
413 as required by s. 1003.26.
414 1. The community-based care provider and caregiver shall
415 eliminate any barriers to attendance such as required school
416 uniforms or school supplies.
417 2. Appointments and court appearances for a child in care
418 shall be scheduled to minimize the effect on the child’s
419 education and to ensure that the child is not penalized for
420 school time or work missed because of court hearings or
421 activities related to the child welfare case.
422 3. A caregiver who refuses or fails to ensure that a child
423 who is in his or her care attends school regularly is subject to
424 the same procedures and penalties as a parent under s. 1003.27.
425 (e) Education advocacy.—
426 1. A child in care shall have an adult caregiver who is
427 knowledgeable about schools and children in care and who serves
428 as an education advocate to reinforce the value of the child’s
429 investment in education, to ensure that the child receives a
430 high-quality education, and to help the child plan for middle
431 school, high school, and postschool training, employment, or
432 college. The advocate may be a caregiver, care manager, guardian
433 ad litem, educator, or individual hired and trained for the
434 specific purpose of serving as an education advocate.
435 2. A child in care with disabilities who is eligible for
436 the appointment of a surrogate parent, as required in s.
437 39.0016, shall be assigned a surrogate in a timely manner, but
438 no later than 30 days after a determination that a surrogate is
439 needed.
440 3. The community-based provider shall document in the
441 child’s case plan that an education advocate has been identified
442 for each child in care or that a surrogate parent has been
443 appointed for each child in care with a disability.
444 (f) Academic requirements and support; middle school
445 students.—A child must complete the required courses that
446 include mathematics, English, social studies, and science in
447 order to be promoted from a state school composed of middle
448 grades 6, 7, and 8.
449 1. In addition to other academic requirements, a child must
450 complete one course in career and education planning in 7th or
451 8th grade. The course, as required by s. 1003.4156, must include
452 career exploration using Florida CHOICES Explorer or Florida
453 CHOICES Planner and must include educational planning using the
454 online student advising system known as Florida Academic
455 Counseling and Tracking for Students at the Internet website
456 FACTS.org.
457 a. Each child shall complete an electronic personalized
458 academic and career plan that must be signed by the child, the
459 child’s teacher, guidance counselor, or academic advisor, and
460 the child’s parent, caregiver, or other designated education
461 advocate. Any designated advocate must have the knowledge and
462 training to serve in that capacity.
463 b. The required personalized academic and career plan must
464 inform students of high school graduation requirements, high
465 school assessment and college entrance test requirements,
466 Florida Bright Futures Scholarship Program requirements, state
467 university and Florida College System institution admission
468 requirements, and programs through which a high school student
469 may earn college credit, including Advanced Placement,
470 International Baccalaureate, Advanced International Certificate
471 of Education, dual enrollment, career academy opportunities, and
472 courses that lead to national industry certification.
473 c. A caregiver shall attend the parent meeting held by the
474 school to inform parents about the career and education planning
475 course curriculum and the activities associated with the
476 curriculum.
477 2. For a child with a disability, the decision whether to
478 work toward a standard diploma or a special diploma shall be
479 addressed at the meeting on the individual education transition
480 plan conducted during the child’s 8th grade or the year the
481 child turns 14 years of age, whichever occurs first. The child
482 shall be invited to participate in this and each subsequent
483 transition plan meeting. At this meeting, the individual
484 education transition plan team, including the child, the
485 caregiver, and other designated education advocate, shall
486 determine whether a standard or special diploma best prepares
487 the child for his or her education and career goals after high
488 school.
489 a. The team shall plan the appropriate course of study,
490 which may include basic education courses, career education
491 courses, and exceptional student education courses.
492 b. The team shall identify any special accommodations,
493 modifications, and related services needed to help the child
494 participate fully in the educational program.
495 c. All decisions shall be documented on the individual
496 education transition plan, and this information shall be used to
497 guide the child’s educational program as he or she enters high
498 school.
499 3. A caregiver or the community-based care provider shall
500 provide the child with all information related to the Road-to
501 Independence Program as provided in s. 409.1451.
502 4. A caregiver or another designated education advocate
503 shall attend parent-teacher conferences and monitor each child’s
504 academic progress.
505 5. Each district school board, as required by s. 1002.23,
506 shall develop and implement a well-planned, inclusive, and
507 comprehensive program to assist parents and families in
508 effectively participating in their child’s education. A school
509 district shall have available resources and services for parents
510 and their children, such as family literacy services; mentoring,
511 tutorial, and other academic reinforcement programs; college
512 planning, academic advisement, and student counseling services;
513 and after-school programs. A caregiver shall access these
514 resources as necessary to enable the child in his or her care to
515 achieve educational success.
516 6. A child in care, particularly a child with a disability,
517 shall be involved and engaged in all aspects of his or her
518 education and educational planning and must be empowered to be
519 an advocate for his or her education needs. Community-based care
520 providers shall enter into partnerships with school districts to
521 deliver curriculum on self-determination or self-advocacy to
522 engage and empower the child to be his or her own advocate,
523 along with support from the caregiver, community-based care
524 provider, guardian ad litem, teacher, school guidance counselor,
525 and other designated education advocate.
526 7. The community-based care provider shall document in the
527 case plan evidence of the child’s progress toward, and
528 achievement of, academic, life, social, and vocational skills.
529 The case plan shall be amended to fully and accurately reflect
530 the child’s academic and career plan, identify the services and
531 tasks needed to support that plan, and identify the party
532 responsible for accomplishing the tasks or providing the needed
533 services.
534 8. The community-based care provider shall conduct an
535 annual staff meeting for each child who is enrolled in middle
536 school. The community-based care provider shall complete an
537 independent living assessment to determine the child’s skills
538 and abilities to become self-sufficient and live independently
539 after the first staff meeting conducted after the child enters
540 middle school. The assessment must consider those skills that
541 are expected to be acquired by a child from his or her school
542 setting and living arrangement. The community-based care
543 provider must provide the needed services if additional services
544 are necessary to ensure that the child obtains the appropriate
545 independent living skills. The community-based care provider
546 shall document in the case plan evidence of the child’s progress
547 toward developing independent living skills.
548 (g) Academic requirements and support; high school
549 students.—Graduation from high school is essential for a child
550 to be able to succeed and live independently as an adult. In
551 Florida, 70 percent of children in care reach 18 years of age
552 without having obtained a high school diploma. It is the
553 responsibility of the department, its community-based providers,
554 and caregivers to ensure that a child in care is able to take
555 full advantage of every resource and opportunity in order to be
556 able to graduate from high school and be adequately prepared to
557 pursue postsecondary education at a college or university or to
558 acquire the education and skills necessary to enter the
559 workplace. In preparation for accomplishing education and career
560 goals after high school, the child shall select the appropriate
561 course of study which best meets his or her needs.
562 1. An older child who plans to attend a college or
563 university after graduation must take certain courses to meet
564 state university admission requirements. The course requirements
565 for state university admission are the same for two Bright
566 Futures Scholarship awards, the Florida Academic Scholars award,
567 and the Florida Medallion Scholars award. By following this
568 course of study, which is required for state university
569 admission and recommended if the child intends to pursue an
570 associate in arts degree at a Florida College System institution
571 and transfer to a college or university to complete a bachelor’s
572 degree, the child will meet the course requirements for high
573 school graduation, state university admission, and two Bright
574 Futures Scholarship awards.
575 2. An older child who plans on a career technical program
576 in high school to gain skills for work or continue after
577 graduation at a Florida College System institution, technical
578 center, or registered apprenticeship program should choose a
579 course of study that meets the course requirements for high
580 school graduation, the third Bright Futures Scholarship award,
581 and the Florida Gold Seal Vocational Scholars award. This course
582 of study is recommended if the child intends to pursue a
583 technical certificate or license, an associate degree, or a
584 bachelor’s degree, or wishes to gain specific career training.
585 3. An older child with a disability may choose to work
586 toward a standard diploma, a special diploma, or a certificate
587 of completion. The child shall be assisted in choosing a diploma
588 option by school and district staff through the development of
589 the individual education plan. The diploma choice shall be
590 reviewed each year at the child’s individual education plan
591 meeting.
592 a. An older child or young adult with a disability who has
593 not earned a standard diploma or who has been awarded a special
594 diploma, certificate of completion, or special certificate of
595 completion before reaching 22 years of age may stay in school
596 until he or she reaches 22 years of age.
597 b. The school district shall continue to offer services
598 until the young adult reaches 22 years of age or until he or she
599 earns a standard diploma, whichever occurs first, as required by
600 the Individuals with Disabilities Education Act.
601 4. This paragraph does not preclude an older child from
602 seeking the International Baccalaureate Diploma or the Advanced
603 International Certificate of Education Diploma.
604 5. Educational guidance and planning for high school shall
605 be based upon the decisions made during middle school.
606 Caregivers shall remain actively involved in the child’s
607 academic life by attending parent-teacher conferences and by
608 taking advantage of available resources to enable the child to
609 achieve academic success.
610 6. The community-based care provider shall document in the
611 case plan evidence of the child’s progress toward, and
612 achievement of, academic, life, social, and vocational skills.
613 The case plan shall be amended to completely reflect the child’s
614 academic and career plan, identify the services and tasks needed
615 to support that plan, and identify the party responsible for
616 accomplishing the tasks or providing the needed services.
617 7. The community-based care provider shall conduct a staff
618 meeting at least every 6 months for each child who is enrolled
619 in high school. The community-based care provider shall complete
620 an independent living assessment to determine the child’s skills
621 and abilities to become self-sufficient and live independently
622 after the first staff meeting conducted after the child enters
623 high school. The assessment must consider those skills that are
624 expected to be acquired by a child from his or her school
625 setting and living arrangement. The community-based care
626 provider must provide the needed services if additional services
627 are necessary to ensure that the child obtains the appropriate
628 independent living skills. Such additional independent living
629 skills may include, but not be limited to, training to develop
630 banking and budgeting skills, interviewing skills, parenting
631 skills, time management or organizational skills, educational
632 support, employment training, and personal counseling. The
633 community-based care provider shall document in the case plan
634 evidence of the child’s progress toward developing independent
635 living skills.
636 8. Participation in workforce readiness activities is
637 essential for a child in care at the high school level to
638 prepare himself or herself to be a self-supporting and
639 productive adult. The caregiver and the community-based care
640 provider shall ensure that each child:
641 a. Who is interested in pursuing a career after high school
642 graduation is exposed to job-preparatory instruction in the
643 competencies that prepare students for effective entry into an
644 occupation, including diversified cooperative education, work
645 experience, and job-entry programs that coordinate directed
646 study and on-the-job training.
647 b. Is provided with the opportunity to participate in
648 enrichment activities that increase the child’s understanding of
649 the workplace, to explore careers, and to develop goal-setting,
650 decisionmaking, and time-management skills.
651 c. Is provided with volunteer and service learning
652 opportunities in order to develop workplace and planning skills,
653 self esteem, and personal leadership skills.
654 d. Is provided with an opportunity to participate in
655 activities and services provided by the Department of Economic
656 Opportunity and the regional workforce boards within the
657 Division of Workforce Services which prepare all young adults,
658 including those with a disability, for the workforce.
659 (3) HEALTH CARE COORDINATION.–
660 (a) The department shall work with the Agency for Health
661 Care Administration in consultation with pediatricians, other
662 experts in health care, and experts in and recipients of child
663 welfare services, to develop a plan for a coordinated approach
664 to providing comprehensive health care for children in care.
665 Comprehensive health care refers to strategies and services for
666 meeting the physical, dental, mental, emotional, and
667 developmental health needs of children. It includes all health
668 care including primary, tertiary, and specialty care. The plan
669 must include the following components:
670 1. A schedule for the initial and follow-up health
671 screenings;
672 2. A strategy for providing access to health care services
673 and treatment for health needs identified through screenings;
674 3. A strategy for the updating and appropriate sharing of
675 health care data and information which may include establishing
676 an electronic health record;
677 4. A system for ensuring continuity of health care services
678 which may include establishing a medical home for each child in
679 care;
680 5. A procedure for providing oversight of prescription
681 medication;
682 6. A protocol to increase collaboration among health,
683 mental health, child welfare, juvenile justice, courts,
684 education, and other child-serving systems, as well as providers
685 and community organizations, to meet the health care needs of
686 children in care; and
687 7. A strategy for including families in health care
688 decisions for children in care.
689 (b) The department shall submit a report to the Governor
690 and the Legislature by March 1 and September 1 of each year
691 until a system for providing comprehensive health care to
692 children in care has been implemented statewide. The report must
693 address progress that has been made toward achieving each of the
694 components in paragraph (a).
695 (4) PERMANENT CONNECTIONS.–
696 (a) The department, in collaboration with the Independent
697 Living Services Advisory Council shall establish a workgroup for
698 the purpose of developing and implementing strategies to ensure
699 that each child who leaves care has at least one positive,
700 reliable caring adult who will continue to support him or her
701 after leaving care, through his or her young adulthood and
702 beyond. This adult may include:
703 1. People with whom the youth has some emotional attachment
704 such as birth family, extended family, kin, adoptive family,
705 foster family, teachers, mentors or coaches;
706 2. People with whom the youth would like to stay connected
707 or re-establish contact; or
708 3. People who the youth defines as family or supports.
709 (b) The department shall submit a report by December 31 of
710 each year to the Governor and the Legislature which includes a
711 summary of the actions taken and practices implemented statewide
712 to ensure that no child leaves care without a lifelong
713 connection to a supportive adult.
714 (5) EXTRACURRICULAR ACTIVITIES.—An older child in care
715 shall be accorded to the fullest extent possible the opportunity
716 to participate in the activities of community, school, and
717 family life.
718 (a) A caregiver shall encourage and support participation
719 in age-appropriate extracurricular and social activities for an
720 older child, including a child with a disability.
721 (b) A caregiver shall provide transportation for such
722 activities, and community-based care providers shall reimburse
723 the caregiver for the expenses associated with such activities.
724 (c) The department and its community-based providers may
725 not place an older child in a home if the caregiver does not
726 encourage or facilitate participation in and provide
727 transportation to the extracurricular activities of the child’s
728 choice, unless other arrangements can be made by the community
729 based care provider to enable the child’s participation in such
730 activities.
731 (d) A caregiver’s license or licensure status is not
732 affected by the age-appropriate actions of a child engaging in
733 activities while in his or her care.
734 (6) DEVELOPMENT OF THE TRANSITION PLAN.—If a child is
735 planning to leave care upon reaching 18 years of age, during the
736 180-day period before the child reaches 18 years of age, the
737 department and community-based care provider, in collaboration
738 with the caregiver, any other designated education advocate, and
739 any other individual whom the child would like to have included,
740 shall assist and support the older child in developing a
741 transition plan. The transition plan must take into account all
742 of the education and other skills achieved by the child in
743 middle and high school, must include specific options for the
744 child on housing, health insurance, education, local
745 opportunities for mentors and continuing support services, and
746 workforce support and employment services, and must be reviewed
747 by the court during the last review hearing before the child
748 reaches 18 years of age. In developing the plan, the department
749 and community-based provider shall:
750 (a) Provide the child with the documentation required in s.
751 39.701(7);
752 (b) Coordinate with local public and private entities in
753 designing the transition plan as appropriate;
754 (c) Coordinate the transition plan with the independent
755 living provisions in the case plan and the Individuals with
756 Disabilities Education Act transition plan for a child with a
757 disability; and
758 (d) Create a clear and developmentally appropriate notice
759 specifying the options available for a young adult who chooses
760 to remain in care for a longer period. The notice must include
761 information about what services the child is eligible for and
762 how such services may be obtained.
763 (7) ACCOUNTABILITY.—
764 (a) The community-based care lead agencies and its
765 contracted providers shall report to the department the
766 following information:
767 1. The total number of children in care who are enrolled in
768 middle school, high school, adult high school, and GED programs
769 and, in a breakdown by age, how many had their living
770 arrangements change one time and how many were moved two or more
771 times. For the children who were moved, how many had to change
772 schools and how many of those changes were due to a lack of
773 transportation.
774 2. For those children for whom transportation was provided,
775 how many children were provided transportation, how the
776 transportation was provided, how it was paid for, and the amount
777 of the total expenditure by the lead agency.
778 3. The same information required in subparagraphs 1. and
779 2., specific to children in care with a disability.
780 4. In a breakdown by age, for those children who changed
781 schools at least once, how many children experienced problems in
782 the transition, what kinds of problems were encountered, and
783 what steps the lead agency and the caregiver took to remedy
784 those problems.
785 5. In a breakdown by age, out of the total number of
786 children in care, the number of children who were absent from
787 school more than 10 days in a semester and the steps taken by
788 the lead agency and the caregiver to reduce absences.
789 6. Evidence that the lead agency has established a working
790 relationship with each school district in which a child in care
791 attends school.
792 7. In a breakdown by age, out of the total number of
793 children in care, the number who have documentation in the case
794 plan that either an education advocate or a surrogate parent has
795 been designated or appointed.
796 8. In a breakdown by age, out of the total number of
797 children in care, the number of children who have documentation
798 in the case plan that they have an education advocate who
799 regularly participates in parent-teacher meetings and other
800 school-related activities.
801 9. For those children in care who have finished 8th grade,
802 the number of children who have documentation in the case plan
803 that they have completed the academic and career plan required
804 by s. 1003.4156 and that the child and the caregiver have signed
805 the plan.
806 10. For those children in care who have a disability and
807 have finished 8th grade, the number of children who have
808 documentation in the case plan that they have had an individual
809 education transition plan meeting.
810 11. In a breakdown by age, the total number of children in
811 care who are in middle school or high school. For each age, the
812 number of children who are reading at or above grade level, the
813 number of children who have successfully completed the FCAT and
814 end-of-course assessments, the number of children who have
815 dropped out of school, the number of children who have enrolled
816 in any dual enrollment or advanced placement courses, and the
817 number of children completing the required number of courses,
818 assessments, and hours needed to be promoted to the next grade
819 level.
820 12. With a breakdown by age, the total number of children
821 in care who are in middle school or high school. For each age,
822 the number of children who have documentation in the case plan
823 that they are involved in at least one extracurricular activity,
824 whether it is a school-based or community-based activity,
825 whether they are involved in at least one service or volunteer
826 activity, and who provides the transportation.
827 13. The total number of children in care who are 17 years
828 of age and who are obtaining services from the lead agency or
829 its contracted providers and how many of that total number have
830 indicated that they plan to remain in care after turning 18
831 years of age, and for those children who plan to leave care, how
832 many children have a transition plan.
833 14. A breakdown of documented expenses for children in
834 middle and high school.
835 (b) Each community-based care lead agency shall provide its
836 report to the department by September 30 of each year. The
837 department shall compile the reports from each community-based
838 care lead agency and provide them to the Legislature by December
839 31 of each year, with the first report due to the Legislature on
840 December 31, 2012.
841 Section 5. Subsections (7), (8), and (9) of section 39.701,
842 Florida Statutes, are amended to read:
843 39.701 Judicial review.—
844 (7)(a) In addition to paragraphs (1)(a) and (2)(a), the
845 court shall hold a judicial review hearing within 90 days after
846 a child’s youth’s 17th birthday. The court shall also issue an
847 order, separate from the order on judicial review, that the
848 disability of nonage of the child youth has been removed
849 pursuant to s. 743.045. The court shall continue to hold timely
850 judicial review hearings thereafter. In addition, the court may
851 review the status of the child more frequently during the year
852 prior to the child’s youth’s 18th birthday if necessary. At each
853 review held under this subsection, in addition to any
854 information or report provided to the court, the caregiver
855 foster parent, legal custodian, guardian ad litem, and the child
856 shall be given the opportunity to address the court with any
857 information relevant to the child’s best interests, particularly
858 as it relates to the requirements of s. 39.6015 and the Road-to-
859 Independence Program under s. 409.1451 independent living
860 transition services. In addition to any information or report
861 provided to the court, the department shall include in its
862 judicial review social study report written verification that
863 the child has been provided with:
864 1. Has been provided with A current Medicaid card and has
865 been provided all necessary information concerning the Medicaid
866 program sufficient to prepare the child youth to apply for
867 coverage upon reaching age 18, if such application would be
868 appropriate.
869 2. Has been provided with A certified copy of his or her
870 birth certificate and, if the child does not have a valid
871 driver’s license, a Florida identification card issued under s.
872 322.051.
873 3. A social security card and Has been provided information
874 relating to Social Security Insurance benefits if the child is
875 eligible for these benefits. If the child has received these
876 benefits and they are being held in trust for the child, a full
877 accounting of those funds must be provided and the child must be
878 informed about how to access those funds.
879 4. Has been provided with information and training related
880 to budgeting skills, interviewing skills, and parenting skills.
881 4.5. Has been provided with All relevant information
882 related to the Road-to-Independence Program, including, but not
883 limited to, eligibility requirements, information on how forms
884 necessary to participate apply, and assistance in gaining
885 admission to the program completing the forms. The child shall
886 also be informed that, if he or she is eligible for the Road-to
887 Independence Program, he or she may reside with the licensed
888 foster family or group care provider with whom the child was
889 residing at the time of attaining his or her 18th birthday or
890 may reside in another licensed foster home or with a group care
891 provider arranged by the department.
892 5.6. An opportunity to Has an open a bank account, or
893 obtain has identification necessary to open an account, and has
894 been provided with essential banking and budgeting skills.
895 6.7. Has been provided with Information on public
896 assistance and how to apply.
897 7.8. Has been provided A clear understanding of where he or
898 she will be living on his or her 18th birthday, how living
899 expenses will be paid, and in what educational program or school
900 he or she will be enrolled in.
901 8.9. Information related to the ability Has been provided
902 with notice of the child youth’s right to remain in care until
903 he or she reaches 21 years of age petition for the court’s
904 continuing jurisdiction for 1 year after the youth’s 18th
905 birthday as specified in s. 39.013(2) and with information on
906 how to participate in the Road-to-Independence Program obtain
907 access to the court.
908 9. A letter providing the dates that the child was under
909 the jurisdiction of the court.
910 10. A letter stating that the child was in care, in
911 compliance with financial aid documentation requirements.
912 11. His or her entire educational records.
913 12. His or her entire health and mental health records.
914 13. The process for accessing his or her case file.
915 14.10. Encouragement Has been encouraged to attend all
916 judicial review hearings occurring after his or her 17th
917 birthday.
918 (b) At the first judicial review hearing held subsequent to
919 the child’s 17th birthday, in addition to the requirements of
920 subsection (8), the department shall provide the court with an
921 updated case plan that includes specific information related to
922 the provisions of s. 39.6015, independent living services that
923 have been provided since the child entered middle school child’s
924 13th birthday, or since the date the child came into foster
925 care, whichever came later.
926 (c) At the last judicial review hearing held before the
927 child’s 18th birthday, in addition of the requirements of
928 subsection (8), the department shall provide to the court for
929 review the transition plan for a child who is planning to leave
930 care after reaching his or her 18th birthday.
931 (d)(c) At the time of a judicial review hearing held
932 pursuant to this subsection, if, in the opinion of the court,
933 the department has not complied with its obligations as
934 specified in the written case plan or in the provision of
935 independent living services as required by s. 39.6015, s.
936 409.1451, and this subsection, the court shall issue a show
937 cause order. If cause is shown for failure to comply, the court
938 shall give the department 30 days within which to comply and, on
939 failure to comply with this or any subsequent order, the
940 department may be held in contempt.
941 (8)(a) Before every judicial review hearing or citizen
942 review panel hearing, the social service agency shall make an
943 investigation and social study concerning all pertinent details
944 relating to the child and shall furnish to the court or citizen
945 review panel a written report that includes, but is not limited
946 to:
947 1. A description of the type of placement the child is in
948 at the time of the hearing, including the safety of the child
949 and the continuing necessity for and appropriateness of the
950 placement.
951 2. Documentation of the diligent efforts made by all
952 parties to the case plan to comply with each applicable
953 provision of the plan.
954 3. The amount of fees assessed and collected during the
955 period of time being reported.
956 4. The services provided to the caregiver foster family or
957 legal custodian in an effort to address the needs of the child
958 as indicated in the case plan.
959 5. A statement that either:
960 a. The parent, though able to do so, did not comply
961 substantially with the case plan, and the agency
962 recommendations;
963 b. The parent did substantially comply with the case plan;
964 or
965 c. The parent has partially complied with the case plan,
966 with a summary of additional progress needed and the agency
967 recommendations.
968 6. A statement from the caregiver foster parent or legal
969 custodian providing any material evidence concerning the return
970 of the child to the parent or parents.
971 7. A statement concerning the frequency, duration, and
972 results of the parent-child visitation, if any, and the agency
973 recommendations for an expansion or restriction of future
974 visitation.
975 8. The number of times a child has been removed from his or
976 her home and placed elsewhere, the number and types of
977 placements that have occurred, and the reason for the changes in
978 placement.
979 9. The number of times a child’s educational placement has
980 been changed, the number and types of educational placements
981 which have occurred, and the reason for any change in placement.
982 10. If the child has entered middle school reached 13 years
983 of age but is not yet 18 years of age, the specific information
984 contained in the case plan related to the provisions of s.
985 39.6015 results of the preindependent living, life skills, or
986 independent living assessment; the specific services needed; and
987 the status of the delivery of the identified services.
988 11. Copies of all medical, psychological, and educational
989 records that support the terms of the case plan and that have
990 been produced concerning the parents or any caregiver since the
991 last judicial review hearing.
992 12. Copies of the child’s current health, mental health,
993 and education records as identified in s. 39.6012.
994 (b) A copy of the social service agency’s written report
995 and the written report of the guardian ad litem must be served
996 on all parties whose whereabouts are known; to the caregivers
997 foster parents or legal custodians; and to the citizen review
998 panel, at least 72 hours before the judicial review hearing or
999 citizen review panel hearing. The requirement for providing
1000 parents with a copy of the written report does not apply to
1001 those parents who have voluntarily surrendered their child for
1002 adoption or who have had their parental rights to the child
1003 terminated.
1004 (c) In a case in which the child has been permanently
1005 placed with the social service agency, the agency shall furnish
1006 to the court a written report concerning the progress being made
1007 to place the child for adoption. If the child cannot be placed
1008 for adoption, a report on the progress made by the child towards
1009 alternative permanency goals or placements, including, but not
1010 limited to, guardianship, long-term custody, long-term licensed
1011 custody, or independent living, must be submitted to the court.
1012 The report must be submitted to the court at least 72 hours
1013 before each scheduled judicial review.
1014 (d) In addition to or in lieu of any written statement
1015 provided to the court, the caregiver foster parent or legal
1016 custodian, or any preadoptive parent, shall be given the
1017 opportunity to address the court with any information relevant
1018 to the best interests of the child at any judicial review
1019 hearing.
1020 (9) The court and any citizen review panel shall take into
1021 consideration the information contained in the social services
1022 study and investigation and all medical, psychological, and
1023 educational records that support the terms of the case plan;
1024 testimony by the social services agency, the parent, the
1025 caregiver foster parent or legal custodian, the guardian ad
1026 litem or surrogate parent for educational decisionmaking if one
1027 has been appointed for the child, and any other person deemed
1028 appropriate; and any relevant and material evidence submitted to
1029 the court, including written and oral reports to the extent of
1030 their probative value. These reports and evidence may be
1031 received by the court in its effort to determine the action to
1032 be taken with regard to the child and may be relied upon to the
1033 extent of their probative value, even though not competent in an
1034 adjudicatory hearing. In its deliberations, the court and any
1035 citizen review panel shall seek to determine:
1036 (a) If the parent was advised of the right to receive
1037 assistance from any person or social service agency in the
1038 preparation of the case plan.
1039 (b) If the parent has been advised of the right to have
1040 counsel present at the judicial review or citizen review
1041 hearings. If not so advised, the court or citizen review panel
1042 shall advise the parent of such right.
1043 (c) If a guardian ad litem needs to be appointed for the
1044 child in a case in which a guardian ad litem has not previously
1045 been appointed or if there is a need to continue a guardian ad
1046 litem in a case in which a guardian ad litem has been appointed.
1047 (d) Who holds the rights to make educational decisions for
1048 the child. If appropriate, the court may refer the child to the
1049 district school superintendent for appointment of a surrogate
1050 parent or may itself appoint a surrogate parent under the
1051 Individuals with Disabilities Education Act and s. 39.0016.
1052 (e) The compliance or lack of compliance of all parties
1053 with applicable items of the case plan, including the parents’
1054 compliance with child support orders.
1055 (f) The compliance or lack of compliance with a visitation
1056 contract between the parent and the social service agency for
1057 contact with the child, including the frequency, duration, and
1058 results of the parent-child visitation and the reason for any
1059 noncompliance.
1060 (g) The compliance or lack of compliance of the parent in
1061 meeting specified financial obligations pertaining to the care
1062 of the child, including the reason for failure to comply if such
1063 is the case.
1064 (h) Whether the child is receiving safe and proper care
1065 according to s. 39.6012, including, but not limited to, the
1066 appropriateness of the child’s current placement, including
1067 whether the child is in a setting that is as family-like and as
1068 close to the parent’s home as possible, consistent with the
1069 child’s best interests and special needs, and including
1070 maintaining stability in the child’s educational placement, as
1071 documented by assurances from the community-based care provider
1072 that:
1073 1. The placement of the child takes into account the
1074 appropriateness of the current educational setting and the
1075 proximity to the school in which the child is enrolled at the
1076 time of placement.
1077 2. The community-based care agency has coordinated with
1078 appropriate local educational agencies to ensure that the child
1079 remains in the school in which the child is enrolled at the time
1080 of placement.
1081 (i) A projected date likely for the child’s return home or
1082 other permanent placement.
1083 (j) When appropriate, the basis for the unwillingness or
1084 inability of the parent to become a party to a case plan. The
1085 court and the citizen review panel shall determine if the
1086 efforts of the social service agency to secure party
1087 participation in a case plan were sufficient.
1088 (k) For a child who has entered middle school reached 13
1089 years of age but is not yet 18 years of age, the progress the
1090 child has made in achieving the goals outlined in s. 39.6015
1091 adequacy of the child’s preparation for adulthood and
1092 independent living.
1093 Section 6. Section 409.1451, Florida Statutes, is amended
1094 to read:
1095 (Substantial rewording of section. See
1096 s. 409.1451, F.S., for present text).
1097 409.1451 The Road-to-Independence Program.—The Legislature
1098 recognizes that most children and young adults are resilient
1099 and, with adequate support, can expect to be successful as
1100 independent adults. Not unlike all young adults, some young
1101 adults who have lived in care need additional resources and
1102 support for a period of time after reaching 18 years of age. The
1103 Legislature intends for these young adults to receive the
1104 education, training, and health care services necessary for them
1105 to become self-sufficient through the Road-to-Independence
1106 Program. A young adult who participates in the Road-to
1107 Independence Program may choose to remain in care until 21 years
1108 of age and receive help achieving his or her postsecondary goals
1109 by participating in the Foundations First Program, or he or she
1110 may choose to receive financial assistance to attend college
1111 through the College Bound Program.
1112 (1) THE FOUNDATIONS FIRST PROGRAM.—The Foundations First
1113 Program is designed for young adults who have reached 18 years
1114 of age but are not yet 21 years of age, and who need to finish
1115 high school or who have a high school diploma, or its
1116 equivalent, and want to achieve additional goals. These young
1117 adults are ready to try postsecondary or vocational education,
1118 try working part-time or full-time, or need help with issues
1119 that might stand in their way of becoming employed. Young adults
1120 who are unable to participate in any of these programs or
1121 activities full time due to an impairment, including behavioral,
1122 developmental, and cognitive disabilities, might also benefit
1123 from remaining in care longer. The provision of services under
1124 this subsection is intended to supplement, not supplant,
1125 services available under any other program for which the young
1126 adult is eligible, including, but not limited to, Medicaid
1127 waiver services, vocational rehabilitation programs, or school
1128 system programs. For purposes of this section, the term “child”
1129 means an individual who has not attained 21 years of age, and
1130 the term “young adult” means a child who has attained 18 years
1131 of age but who has not attained 21 years of age.
1132 (a) Eligibility; termination; and reentry.—
1133 1. A young adult who was living in licensed care on his or
1134 her 18th birthday or who is currently living in licensed care,
1135 or who after reaching 16 years of age was adopted from licensed
1136 care or placed with a court-approved dependency guardian, and
1137 has spent a minimum of 6 months in licensed care within the 12
1138 months immediately preceding such placement or adoption, is
1139 eligible for the Foundations First Program if he or she is:
1140 a. Completing secondary education or a program leading to
1141 an equivalent credential;
1142 b. Enrolled in an institution that provides postsecondary
1143 or vocational education;
1144 c. Participating in a program or activity designed to
1145 promote, or eliminate barriers to, employment;
1146 d. Employed for at least 80 hours per month; or
1147 e. Unable to participate in these programs or activities
1148 full time due to a physical, intellectual, emotional, or
1149 psychiatric condition that limits participation. Any such
1150 restriction to participation must be supported by information in
1151 the young adult’s case file or school or medical records of a
1152 physical, intellectual, or psychiatric condition that impairs
1153 the young adult’s ability to perform one or more life
1154 activities.
1155 2. The young adult in care must leave the Foundations First
1156 Program on the earliest of the date the young adult:
1157 a. Knowingly and voluntarily withdraws his or her consent
1158 to participate;
1159 b. Leaves care to live in a permanent home consistent with
1160 his or her permanency plan;
1161 c. Reaches 21 years of age;
1162 d. Becomes incarcerated in an adult or juvenile justice
1163 facility; or
1164 e. In the case of a young adult with a disability, reaches
1165 22 years of age.
1166 3. Notwithstanding the provisions of this paragraph, the
1167 department may not close a case and the court may not terminate
1168 its jurisdiction until it finds, following a hearing held after
1169 notice to all parties, that the following criteria have been
1170 met:
1171 a. Attendance of the young adult at the hearing; or
1172 b. Findings by the court that:
1173 (I) The young adult has been informed by the department of
1174 his or her right to attend the hearing and has provided written
1175 consent to waive this right;
1176 (II) The young adult has been informed of the potential
1177 negative effects of terminating care early, the option to
1178 reenter care before reaching 21 years of age, the procedure to,
1179 and limitations on, reentering care, the availability of
1180 alternative services, and that the young adult has signed a
1181 document attesting that he or she has been so informed and
1182 understands these provisions;
1183 (III) The young adult has voluntarily left the program, has
1184 not signed the document in sub-sub-subparagraph (II), and is
1185 unwilling to participate in any further court proceedings; and
1186 (IV) The department and the community-based care provider
1187 have complied with the case plan and any individual education
1188 plan. At the time of this judicial hearing, if, in the opinion
1189 of the court, the department and community-based provider have
1190 not complied with their obligations as specified in the case
1191 plan and any individual education plan, the court shall issue a
1192 show cause order. If cause is shown for failure to comply, the
1193 court shall give the department and community-based provider 30
1194 days within which to comply and, upon failure to comply with
1195 this or any subsequent order, the department and community-based
1196 provider may be held in contempt.
1197 4. A young adult who left care at or after reaching his or
1198 her 18th birthday, but before reaching age 21, may be
1199 automatically readmitted to the program by applying to the
1200 community-based care provider. The community-based care provider
1201 shall readmit the young adult if he or she is engaged in the
1202 programs or activities described in this paragraph. Any
1203 additional readmissions require that the young adult petition
1204 the court to resume jurisdiction. The department and community
1205 based provider shall update the case plan within 30 days after
1206 the young adult comes back into the Foundations First Program.
1207 (b) Benefits and requirements.—
1208 1. A stipend shall be available to a young adult who is
1209 considered a full-time student or its equivalent by the
1210 educational institution in which he or she is enrolled, unless
1211 that young adult has a recognized disability preventing full
1212 time attendance. The amount of the award, whether it is being
1213 used by a young adult working toward completion of a high school
1214 diploma or its equivalent or working toward completion of a
1215 postsecondary education program, shall be determined based on an
1216 assessment of the funding needs of the young adult. This
1217 assessment must consider the young adult’s living and
1218 educational costs based on the actual cost of attendance, and
1219 other grants, scholarships, waivers, earnings, or other income
1220 to be received by the young adult. An award shall be available
1221 only to the extent that other grants and scholarships are not
1222 sufficient to meet the living and educational needs of the young
1223 adult.
1224 2. The young adult must reside in a semi-supervised living
1225 arrangement. For the purposes of this requirement, a “semi
1226 supervised living arrangement” includes foster homes, college
1227 dormitories, shared housing, semi-supervised apartments,
1228 supervised apartments, or another housing arrangement approved
1229 by the provider and acceptable to the young adult.
1230 3. Payment of the stipend shall be made directly on the
1231 recipient’s behalf in order to secure housing and utilities,
1232 with the balance being paid directly to the young adult.
1233 4. A young adult who so desires may continue to reside with
1234 the licensed foster family or group care provider with whom he
1235 or she was residing at the time he or she attained his or her
1236 18th birthday. The department shall pay directly to the foster
1237 parent the recipient’s costs for room and board services, with
1238 the balance paid directly to the young adult.
1239 (c) Transition plan.—For all young adults during the 180
1240 day period immediately before leaving care, before reaching 21
1241 years of age, or after leaving care on or after reaching 21
1242 years of age, the department and the community-based care
1243 provider, in collaboration with the caregiver, any other
1244 designated education advocate, or any other individual whom the
1245 young adult would like to include, shall assist and support the
1246 young adult in developing a transition plan. The transition plan
1247 must take into account all of the education and other
1248 achievements of the young adult, include specific options for
1249 the young adult for housing, health insurance, education, local
1250 opportunities for mentors and continuing support services, and
1251 workforce support and employment services, and must be reviewed
1252 by the court during the last review hearing before the child
1253 leaves care. In developing the plan, the department and
1254 community-based provider shall:
1255 1. Provide the young adult with the documentation required
1256 in s. 39.701(7);
1257 2. Coordinate with local public and private entities in
1258 designing the transition plan as appropriate;
1259 3. Coordinate the transition plan with the independent
1260 living provisions in the case plan and the Individuals with
1261 Disabilities Education Act transition plan for a young adult
1262 with disabilities; and
1263 4. Create a clear and developmentally appropriate notice
1264 specifying the rights of a young adult who is leaving care. The
1265 notice must include information about what services the young
1266 adult may be eligible for and how such services may be obtained.
1267 The plan must clearly identify the young adult’s goals and the
1268 work that will be required to achieve those goals.
1269 (d) Periodic reviews for young adults.—
1270 1. For any young adult who continues to remain in care on
1271 or after reaching 18 years of age, the department and community
1272 based provider shall implement a case review system that
1273 requires:
1274 a. A judicial review at least once a year;
1275 b. The court to maintain oversight to ensure that the
1276 department is coordinating with the appropriate agencies, and,
1277 as otherwise permitted, maintains oversight of other agencies
1278 involved in implementing the young adult’s case plan and
1279 individual education plan;
1280 c. The department to prepare and present to the court a
1281 report, developed in collaboration with the young adult,
1282 addressing the young adult’s progress in meeting the goals in
1283 the case plan and individual education plan, and shall propose
1284 modifications as necessary to further those goals;
1285 d. The court to determine whether the department and any
1286 service provider under contract with the department is providing
1287 the appropriate services as identified in the case plan and any
1288 individual education plan. If the court decides that the young
1289 adult is entitled to additional services in order to achieve the
1290 goals enumerated in the case plan, under the department’s
1291 policies, or under a contract with a service provider, the court
1292 may order the department to take action to ensure that the young
1293 adult receives the identified services and remediation for any
1294 failure to timely provide identified services; and
1295 e. The young adult or any other party to the dependency
1296 case may request an additional hearing or review.
1297 2. In all permanency hearings or hearings regarding the
1298 transition of the young adult from care to independent living,
1299 the court shall consult, in an age-appropriate manner, with the
1300 young adult regarding the proposed permanency, case plan, and
1301 individual education plan for the young adult.
1302 3. For any young adult who continues to remain in care on
1303 or after reaching 18 years of age, the community-based care
1304 provider shall provide regular case management reviews that must
1305 include at least monthly contact with the case manager.
1306 (e) Early entry into Foundations First.—A child who has
1307 reached 16 years of age but is not yet 18 years of age is
1308 eligible for early entry into the program, if he or she meets
1309 the eligibility requirements, as determined by the case manager
1310 and the department, using procedures and assessments established
1311 by rule.
1312 (2) THE COLLEGE BOUND PROGRAM.—
1313 (a) Purpose.—This program is designed for young adults who
1314 are 18 years of age but are not yet 23 years of age, have
1315 graduated from high school, have been accepted into a college, a
1316 Florida College System institution, or a vocational school, and
1317 need minimal support from the state other than the financial
1318 resources to attend college.
1319 (b) Eligibility; termination; and reentry.—
1320 1. A young adult who has earned a standard high school
1321 diploma or its equivalent as described in s. 1003.43 or s.
1322 1003.435, has earned a special diploma or special certificate of
1323 completion as described in s. 1003.438, or has been admitted for
1324 full-time enrollment in an eligible postsecondary educational
1325 institution as defined in s. 1009.533, and is 18 years of age
1326 but is not yet 23 years of age is eligible for the College Bound
1327 Program if he or she:
1328 a. Was living in care on his or her 18th birthday or is
1329 currently living in care, or, after reaching 16 years of age,
1330 was adopted from care or placed with a court-approved dependency
1331 guardian and has spent a minimum of 6 months in care within the
1332 12 months immediately preceding such placement or adoption; and
1333 b. Spent at least 6 months in care before reaching his or
1334 her 18th birthday.
1335 2. A young adult with a disability may attend school part
1336 time and be eligible for this program.
1337 3. A stipend is available to a young adult who is
1338 considered a full-time student or its equivalent by the
1339 educational institution in which he or she is enrolled, unless
1340 that young adult has a recognized disability preventing full
1341 time attendance. The amount of the award shall be determined
1342 based on an assessment of the funding needs of the young adult.
1343 This assessment must consider the young adult’s living and
1344 educational costs based on the actual cost of attendance, and
1345 other grants, scholarships, waivers, earnings, or other income
1346 to be received by the young adult. An award is available only to
1347 the extent that other grants and scholarships are not sufficient
1348 to meet the living and educational needs of the young adult.
1349 4. An eligible young adult may receive a stipend for the
1350 subsequent academic years if, for each subsequent academic year,
1351 the young adult meets the standards by which the approved
1352 institution measures a student’s satisfactory academic progress
1353 toward completion of a program of study for the purposes of
1354 determining eligibility for federal financial aid under the
1355 Higher Education Act. Any young adult who is placed on academic
1356 probation may continue to receive a stipend for one additional
1357 semester if the approved institution allows the student to
1358 continue in school. If the student fails to make satisfactory
1359 academic progress in the semester or term subsequent to the term
1360 in which he received academic probation, the stipend assistance
1361 is discontinued for the period required for the young adult to
1362 be reinstated by the college or university. Upon reinstatement,
1363 a young adult who has not yet reached 23 years of age may
1364 reapply for financial assistance.
1365 (3) EMERGENCY ASSISTANCE.—
1366 (a) Emergency assistance is available to assist young
1367 adults who were formerly in the care of the department in their
1368 efforts to continue to develop the skills and abilities
1369 necessary for independent living. Such assistance includes, but
1370 is not limited to, the following:
1371 1. Mentoring and tutoring.
1372 2. Mental health services and substance abuse counseling.
1373 3. Life skills classes, including credit management and
1374 preventive health activities.
1375 4. Parenting classes.
1376 5. Job and career skills training.
1377 6. Counselor consultations.
1378 7. Temporary financial assistance.
1379 8. Financial literacy skills training.
1380
1381 The specific services to be provided under this subparagraph
1382 shall be determined by an assessment of the young adult and may
1383 be provided by the community-based care provider or through
1384 referrals in the community.
1385 (b) Temporary assistance provided to prevent homelessness
1386 shall be provided as expeditiously as possible and within the
1387 limitations defined by the department.
1388 (c) A young adult who is 18 years of age or older but is
1389 not yet 23 years of age who leaves care but requests services
1390 before reaching 23 years of age is eligible to receive such
1391 services.
1392 (4) APPEAL PROCESS.—
1393 (a) The Department of Children and Family Services shall
1394 adopt a procedure by which a young adult may appeal an
1395 eligibility determination, the department’s failure to provide
1396 Road-to-Independence Program services, or the termination of
1397 such services, if funds for such services or stipend are
1398 available.
1399 (b) The procedure must be readily accessible to young
1400 adults, must provide for timely decisions, and must provide for
1401 an appeal to the department. The decision of the department
1402 constitutes final agency action and is reviewable by the court
1403 as provided in s. 120.68.
1404 (5) PORTABILITY.—The services provided under this section
1405 are portable across county and state lines.
1406 (a) The services provided for in the original transition
1407 plan shall be provided by the county where the young adult
1408 resides but shall be funded by the county where the transition
1409 plan was initiated. The care managers of the county of residence
1410 and the county of origination must coordinate to ensure a smooth
1411 transition for the young adult.
1412 (b) If a child in care under 18 years of age is placed in
1413 another state, the sending state is responsible for care
1414 maintenance payments, case planning, including a written
1415 description of the programs and services that will help a child
1416 16 years of age or older prepare for the transition from care to
1417 independence, and a case review system as required by federal
1418 law. The sending state has placement and care responsibility for
1419 the child.
1420 (c) If a young adult formerly in care moves to another
1421 state from the state in which he or she has left care due to
1422 age, the state shall certify that it will provide assistance and
1423 federally funded independent living services to the young adult
1424 who has left care because he or she is 18 years of age. The
1425 state in which the young adult resides is responsible for
1426 services if the state provides the services needed by the young
1427 adult.
1428 (6) ACCOUNTABILITY.—
1429 (a) The community-based care lead agencies and their
1430 contracted providers shall report the following information to
1431 the department:
1432 1. Out of the total number of young adults who remain in
1433 care upon reaching 18 years of age, the number of young adults
1434 who do not have a high school diploma or its equivalent, a
1435 special diploma, or a certificate of completion. Out of those
1436 young adults without a diploma or its equivalent, a special
1437 diploma, or a certificate of completion, the number of young
1438 adults who are receiving assistance through tutoring and other
1439 types of support.
1440 2. Out of the total number of young adults who decided to
1441 remain in care after reaching 18 years of age, a breakdown of
1442 academic and career goals and type of living arrangement.
1443 3. The same information required in subparagraphs 1. and
1444 2., specific to young adults in care with a disability.
1445 4. Out of the total number of young adults remaining in
1446 care, the number of young adults who are enrolled in an
1447 educational or vocational program and a breakdown of the types
1448 of programs.
1449 5. Out of the total number of young adults remaining in
1450 care, the number of young adults who are working and a breakdown
1451 of the types of employment held.
1452 6. Out of the total number of young adults remaining in
1453 care, the number of young adults who have a disability and a
1454 breakdown of how many young adults are in school, are training
1455 for employment, are employed, or are unable to participate in
1456 any of these activities.
1457 7. Evidence that the lead agency has established a working
1458 relationship with the Department of Economic Opportunity and the
1459 regional workforce boards within the Division of Workforce
1460 Services, the Able Trust, and other entities that provide
1461 services related to gaining employment.
1462 8. Out of the total number of young adults in care upon
1463 reaching 18 years of age, the number of young adults who are in
1464 the Road-to-Independence Program and a breakdown by the schools
1465 or other programs they are attending.
1466 9. Out of the total number of young adults who are in
1467 postsecondary institutions, a breakdown of the types and amounts
1468 of financial support received from sources other than the Road
1469 to-Independence Program.
1470 10. Out of the total number of young adults who are in
1471 postsecondary institutions, a breakdown of the types of living
1472 arrangements.
1473 (b) Each community-based care lead agency shall provide its
1474 report to the department and to the Independent Living Services
1475 Advisory Council by September 30 of each year. The department
1476 shall compile the reports from each community-based care lead
1477 agency and provide them to the Legislature by December 31 of
1478 each year, with the first report due to the Legislature on
1479 December 31, 2012.
1480 (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
1481 secretary shall establish the Independent Living Services
1482 Advisory Council for the purpose of reviewing and making
1483 recommendations concerning the implementation and operation of
1484 the provisions of s. 39.6015 and the Road-to-Independence
1485 Program. The advisory council shall function as specified in
1486 this subsection until the Legislature determines that the
1487 advisory council can no longer provide a valuable contribution
1488 to the department’s efforts to achieve the goals of the services
1489 designed to enable a young adult to live independently.
1490 (a) Specifically, the advisory council shall assess the
1491 implementation and operation of the provisions of s. 39.6015 and
1492 the Road-to-Independence Program and advise the department on
1493 actions that would improve the ability of those Road-to
1494 Independence Program services to meet the established goals. The
1495 advisory council shall keep the department informed of problems
1496 being experienced with the services, barriers to the effective
1497 and efficient integration of services and support across
1498 systems, and successes that the system of services has achieved.
1499 The department shall consider, but is not required to implement,
1500 the recommendations of the advisory council.
1501 (b) The advisory council shall report to the secretary on
1502 the status of the implementation of the Road-To-Independence
1503 Program; efforts to publicize the availability of the Road-to
1504 Independence Program; the success of the services; problems
1505 identified; recommendations for department or legislative
1506 action; and the department’s implementation of the
1507 recommendations contained in the Independent Living Services
1508 Integration Workgroup Report submitted to the appropriate
1509 substantive committees of the Legislature by December 31, 2013.
1510 The department shall submit a report by December 31 of each year
1511 to the Governor and the Legislature which includes a summary of
1512 the factors reported on by the council and identifies the
1513 recommendations of the advisory council and either describes the
1514 department’s actions to implement the recommendations or
1515 provides the department’s rationale for not implementing the
1516 recommendations.
1517 (c) Members of the advisory council shall be appointed by
1518 the secretary of the department. The membership of the advisory
1519 council must include, at a minimum, representatives from the
1520 headquarters and district offices of the Department of Children
1521 and Family Services, community-based care lead agencies, the
1522 Department of Economic Opportunity, the Department of Education,
1523 the Agency for Health Care Administration, the State Youth
1524 Advisory Board, Workforce Florida, Inc., the Statewide Guardian
1525 Ad Litem Office, foster parents, recipients of services and
1526 funding through the Road-to-Independence Program, and advocates
1527 for children in care. The secretary shall determine the length
1528 of the term to be served by each member appointed to the
1529 advisory council, which may not exceed 4 years.
1530 (d) The department shall provide administrative support to
1531 the Independent Living Services Advisory Council to accomplish
1532 its assigned tasks. The advisory council shall be afforded
1533 access to all appropriate data from the department, each
1534 community-based care lead agency, and other relevant agencies in
1535 order to accomplish the tasks set forth in this section. The
1536 data collected may not include any information that would
1537 identify a specific child or young adult.
1538 (e) The advisory council report required under paragraph
1539 (b), shall include an analysis of the system of independent
1540 living transition services for young adults who reach 18 years
1541 of age while in care prior to completing high school or its
1542 equivalent and recommendations for department or legislative
1543 action. The council shall assess and report on the most
1544 effective method of assisting these young adults to complete
1545 high school or its equivalent by examining the practices of
1546 other states.
1547 (8) PERSONAL PROPERTY.—Property acquired on behalf of a
1548 young adult of this program shall become the personal property
1549 of the young adult and is not subject to the requirements of
1550 chapter 273 relating to state-owned tangible personal property.
1551 Such property continues to be subject to applicable federal
1552 laws.
1553 (9) MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN CARE.
1554 The department shall enroll in the Florida Kidcare program,
1555 outside the open enrollment period, each young adult who is
1556 eligible as described in paragraph (1)(a) and who has not yet
1557 reached his or her 19th birthday.
1558 (a) A young adult who was formerly in care at the time of
1559 his or her 18th birthday and who is 18 years of age but not yet
1560 19 years of age, shall pay the premium for the Florida Kidcare
1561 program as required in s. 409.814.
1562 (b) A young adult who has health insurance coverage from a
1563 third party through his or her employer or who is eligible for
1564 Medicaid is not eligible for enrollment in a Title XXI funded
1565 KidCare program under this subsection.
1566 (10) RULEMAKING.—The department shall adopt rules to
1567 administer this section. The rules shall provide the procedures
1568 and requirements necessary to administer the Road-to
1569 Independence Program. In developing the rules, the department
1570 shall consider that the program is for young adults who remain
1571 in care for an extended period of time or who are planning to
1572 attain postsecondary education and accommodate a young adult’s
1573 busy life and schedule. The rules shall make the program easy
1574 for a qualified young adult to access and facilitate and
1575 encourage his or her participation.
1576 Section 7. Subsection (4) of section 409.166, Florida
1577 Statutes, is amended to read:
1578 409.166 Children within the child welfare system; adoption
1579 assistance program.—
1580 (4) ADOPTION ASSISTANCE.—
1581 (a) A maintenance subsidy shall be granted only when all
1582 other resources available to a child have been thoroughly
1583 explored and it can be clearly established that this is the most
1584 acceptable plan for providing permanent placement for the child.
1585 The maintenance subsidy may not be used as a substitute for
1586 adoptive parent recruitment or as an inducement to adopt a child
1587 who might be placed without providing a subsidy. However, it
1588 shall be the policy of the department that no child be denied
1589 adoption if providing a maintenance subsidy would make adoption
1590 possible. The best interest of the child shall be the deciding
1591 factor in every case. This section does not prohibit foster
1592 parents from applying to adopt a child placed in their care.
1593 Foster parents or relative caregivers must be asked if they
1594 would adopt without a maintenance subsidy.
1595 (b) The department shall provide adoption assistance to the
1596 adoptive parents, subject to specific appropriation, in the
1597 amount of $5,000 annually, paid on a monthly basis, for the
1598 support and maintenance of a child until the 18th birthday of
1599 such child or in an amount other than $5,000 annually as
1600 determined by the adoptive parents and the department and
1601 memorialized in a written agreement between the adoptive parents
1602 and the department. The agreement shall take into consideration
1603 the circumstances of the adoptive parents and the needs of the
1604 child being adopted. The amount of subsidy may be adjusted based
1605 upon changes in the needs of the child or circumstances of the
1606 adoptive parents. Changes shall not be made without the
1607 concurrence of the adoptive parents. However, in no case shall
1608 the amount of the monthly payment exceed the foster care
1609 maintenance payment that would have been paid during the same
1610 period if the child had been in a foster family home.
1611 (c) The department may continue to provide adoption
1612 assistance to the adoptive parents on behalf of a young adult
1613 who has reached 18 years of age but is not yet 21 years of age
1614 if the adoptive parents entered into an adoption assistance
1615 agreement after the child reached 16 years of age and if the
1616 young adult is:
1617 1. Completing secondary education or a program leading to
1618 an equivalent credential,
1619 2. Enrolled in an institution which provides postsecondary
1620 or vocational education, or
1621 3. Participating in a program or activity designated to
1622 promote, or eliminate barriers to employment; or
1623 4. Employed for at least 80 hours per month; or
1624 5. Unable to participate in these programs or activities
1625 full time due to a physical, intellectual, emotional, or
1626 psychiatric condition that limits participation. Any such
1627 restriction to participation must be supported by information in
1628 the young adult’s case file or school or medical records of a
1629 physical, intellectual, or psychiatric condition that impairs
1630 the young adult’s ability to perform one or more life
1631 activities.
1632 (d)(c) The department may provide adoption assistance to
1633 the adoptive parents, subject to specific appropriation, for
1634 medical assistance initiated after the adoption of the child for
1635 medical, surgical, hospital, and related services needed as a
1636 result of a physical or mental condition of the child which
1637 existed before the adoption and is not covered by Medicaid,
1638 Children’s Medical Services, or Children’s Mental Health
1639 Services. Such assistance may be initiated at any time but shall
1640 terminate on or before the child’s 18th birthday.
1641 Section 8. Subsection (4) of section 409.903, Florida
1642 Statutes, is amended to read:
1643 409.903 Mandatory payments for eligible persons.—The agency
1644 shall make payments for medical assistance and related services
1645 on behalf of the following persons who the department, or the
1646 Social Security Administration by contract with the Department
1647 of Children and Family Services, determines to be eligible,
1648 subject to the income, assets, and categorical eligibility tests
1649 set forth in federal and state law. Payment on behalf of these
1650 Medicaid eligible persons is subject to the availability of
1651 moneys and any limitations established by the General
1652 Appropriations Act or chapter 216.
1653 (4) A child who is eligible under Title IV-E of the Social
1654 Security Act for subsidized board payments, foster care, or
1655 adoption subsidies, and a child for whom the state has assumed
1656 temporary or permanent responsibility and who does not qualify
1657 for Title IV-E assistance but is in foster care, shelter or
1658 emergency shelter care, or subsidized adoption. This category
1659 includes a young adult who is eligible to receive services under
1660 s. 409.1451(5), until the young adult reaches 21 years of age,
1661 without regard to any income, resource, or categorical
1662 eligibility test that is otherwise required. This category also
1663 includes a person who as a child was eligible under Title IV-E
1664 of the Social Security Act for foster care or the state-provided
1665 foster care and who is a participant in the Road-to-Independence
1666 Program.
1667 Section 9. The Department of Children and Family Services
1668 shall format the case plan and the judicial review social
1669 service report consistent with the provisions of ss. 39.6015 and
1670 409.1451, Florida Statutes.
1671 Section 10. Effective October 1, 2012, a child or young
1672 adult who is a participant in the Road-to-Independence Program
1673 may continue in the program as it exists through December 31,
1674 2012. Effective January 1, 2013, a child or young adult who is a
1675 participant in the program shall transfer to the program
1676 services provided in this act and his or her monthly stipend may
1677 not be reduced, the method of payment of the monthly stipend may
1678 not be changed, and the young adult may not be required to
1679 change his or her living arrangement. These conditions shall
1680 remain in effect for a child or young adult until he or she
1681 ceases to meet the eligibility requirements under which he or
1682 she entered the Road-to-Independence Program. A child or young
1683 adult applying or reapplying for the Road-to-Independence
1684 Program on or after October 1, 2012, may apply for program
1685 services only as provided in this act.
1686 Section 11. This act shall take effect July 1, 2012.