Florida Senate - 2019                             CS for SB 1650
       By the Committee on Health Policy; and Senator Albritton
       588-03477-19                                          20191650c1
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending ss. 39.01
    3         and 39.4015, F.S.; revising definitions; amending s.
    4         39.402, F.S.; requiring that the order for placement
    5         of a child in shelter care contain a written finding
    6         specifying that the Department of Children and
    7         Families has placement and care responsibility for
    8         certain children; amending s. 39.407, F.S.;
    9         authorizing certain advanced practice registered
   10         nurses to prescribe psychotropic medications to
   11         certain children; revising the time period within
   12         which a court must review a child’s residential
   13         treatment plan; amending s. 39.5085, F.S.; revising
   14         eligibility for the Relative Caregiver Program;
   15         amending s. 39.5086, F.S.; deleting the term “fictive
   16         kin”; amending s. 39.6225, F.S.; providing for the
   17         termination of guardianship assistance benefits under
   18         certain circumstances; conforming provisions to
   19         changes made by the act; amending s. 39.6251, F.S.;
   20         requiring a young adult in extended foster care to
   21         provide certain documentation or authorize release of
   22         certain records; revising permanency goals for young
   23         adults in extended foster care; requiring execution of
   24         a voluntary placement agreement under certain
   25         circumstances; requiring the department to adopt
   26         rules; amending s. 39.701, F.S.; revising when a court
   27         must return a child to the custody of his or her
   28         parents after making certain determinations; requiring
   29         the court to enter certain orders if a young adult
   30         enters extended foster care; amending s. 409.1451,
   31         F.S.; authorizing certain financial awards to be
   32         disregarded when a young adult is applying for other
   33         federal assistance; amending s. 409.175, F.S.;
   34         revising definitions; revising provisions related to
   35         the licensure of family foster homes and certain
   36         child-caring and child-placing agencies; deleting
   37         required numbers of training hours for foster parents;
   38         amending s. 409.903, F.S.; revising eligibility for
   39         Medicaid coverage; amending s. 409.991, F.S.; revising
   40         a definition; amending s. 414.045, F.S.; revising
   41         eligibility for child-only funding; amending s.
   42         1009.25, F.S.; revising eligibility for tuition fee
   43         exemptions; providing an effective date.
   45  Be It Enacted by the Legislature of the State of Florida:
   47         Section 1. Subsection (37) of section 39.01, Florida
   48  Statutes, is amended to read:
   49         39.01 Definitions.—When used in this chapter, unless the
   50  context otherwise requires:
   51         (37) “Institutional child abuse or neglect” means
   52  situations of known or suspected child abuse or neglect in which
   53  the person allegedly perpetrating the child abuse or neglect is
   54  an employee of a public or private school, public or private day
   55  care center, residential home, institution, facility, or agency
   56  or any other person at such institution responsible for the
   57  child’s care as defined in this section subsection (54).
   58         Section 2. Paragraph (d) of subsection (2) of section
   59  39.4015, Florida Statutes, is amended to read:
   60         39.4015 Family finding.—
   61         (2) DEFINITIONS.—As used in this section, the term:
   62         (d)“Fictive kin” means an individual who is unrelated to
   63  the child by either birth or marriage, but has such a close
   64  emotional relationship with the child that he or she may be
   65  considered part of the family.
   66         Section 3. Paragraph (h) of subsection (8) of section
   67  39.402, Florida Statutes, is amended to read:
   68         39.402 Placement in a shelter.—
   69         (8)
   70         (h) The order for placement of a child in shelter care must
   71  identify the parties present at the hearing and must contain
   72  written findings:
   73         1. That placement in shelter care is necessary based on the
   74  criteria in subsections (1) and (2).
   75         2. That placement in shelter care is in the best interest
   76  of the child.
   77         3. That continuation of the child in the home is contrary
   78  to the welfare of the child because the home situation presents
   79  a substantial and immediate danger to the child’s physical,
   80  mental, or emotional health or safety which cannot be mitigated
   81  by the provision of preventive services.
   82         4. That based upon the allegations of the petition for
   83  placement in shelter care, there is probable cause to believe
   84  that the child is dependent or that the court needs additional
   85  time, which may not exceed 72 hours, in which to obtain and
   86  review documents pertaining to the family in order to
   87  appropriately determine the risk to the child.
   88         5. That the department has made reasonable efforts to
   89  prevent or eliminate the need for removal of the child from the
   90  home. A finding of reasonable effort by the department to
   91  prevent or eliminate the need for removal may be made and the
   92  department is deemed to have made reasonable efforts to prevent
   93  or eliminate the need for removal if:
   94         a. The first contact of the department with the family
   95  occurs during an emergency;
   96         b. The appraisal of the home situation by the department
   97  indicates that the home situation presents a substantial and
   98  immediate danger to the child’s physical, mental, or emotional
   99  health or safety which cannot be mitigated by the provision of
  100  preventive services;
  101         c. The child cannot safely remain at home, either because
  102  there are no preventive services that can ensure the health and
  103  safety of the child or because, even with appropriate and
  104  available services being provided, the health and safety of the
  105  child cannot be ensured; or
  106         d. The parent or legal custodian is alleged to have
  107  committed any of the acts listed as grounds for expedited
  108  termination of parental rights in s. 39.806(1)(f)-(i).
  109         6. That the department has made reasonable efforts to keep
  110  siblings together if they are removed and placed in out-of-home
  111  care unless such placement is not in the best interest of each
  112  child. It is preferred that siblings be kept together in a
  113  foster home, if available. Other reasonable efforts shall
  114  include short-term placement in a group home with the ability to
  115  accommodate sibling groups if such a placement is available. The
  116  department shall report to the court its efforts to place
  117  siblings together unless the court finds that such placement is
  118  not in the best interest of a child or his or her sibling.
  119         7. That the court notified the parents, relatives that are
  120  providing out-of-home care for the child, or legal custodians of
  121  the time, date, and location of the next dependency hearing and
  122  of the importance of the active participation of the parents,
  123  relatives that are providing out-of-home care for the child, or
  124  legal custodians in all proceedings and hearings.
  125         8. That the court notified the parents or legal custodians
  126  of their right to counsel to represent them at the shelter
  127  hearing and at each subsequent hearing or proceeding, and the
  128  right of the parents to appointed counsel, pursuant to the
  129  procedures set forth in s. 39.013.
  130         9. That the court notified relatives who are providing out
  131  of-home care for a child as a result of the shelter petition
  132  being granted that they have the right to attend all subsequent
  133  hearings, to submit reports to the court, and to speak to the
  134  court regarding the child, if they so desire.
  135         10.That the department has placement and care
  136  responsibility for any child who is not placed in the care of a
  137  parent at the conclusion of the shelter hearing.
  138         Section 4. Subsection (3) and paragraphs (g), (h), and (i)
  139  of subsection (6) of section 39.407, Florida Statutes, are
  140  amended to read:
  141         39.407 Medical, psychiatric, and psychological examination
  142  and treatment of child; physical, mental, or substance abuse
  143  examination of person with or requesting child custody.—
  144         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
  145  or paragraph (e), before the department provides psychotropic
  146  medications to a child in its custody, the prescribing physician
  147  or the advanced practice registered nurse whose specialty is
  148  psychiatric nursing, as defined in chapter 394, and who is given
  149  prescribing authority pursuant to chapter 464 shall attempt to
  150  obtain express and informed consent, as defined in s.
  151  394.455(15) and as described in s. 394.459(3)(a), from the
  152  child’s parent or legal guardian. The department must take steps
  153  necessary to facilitate the inclusion of the parent in the
  154  child’s consultation with the physician or advanced practice
  155  registered nurse. However, if the parental rights of the parent
  156  have been terminated, the parent’s location or identity is
  157  unknown or cannot reasonably be ascertained, or the parent
  158  declines to give express and informed consent, the department
  159  may, after consultation with the prescribing physician or
  160  advanced practice registered nurse, seek court authorization to
  161  provide the psychotropic medications to the child. Unless
  162  parental rights have been terminated and if it is possible to do
  163  so, the department shall continue to involve the parent in the
  164  decisionmaking process regarding the provision of psychotropic
  165  medications. If, at any time, a parent whose parental rights
  166  have not been terminated provides express and informed consent
  167  to the provision of a psychotropic medication, the requirements
  168  of this section that the department seek court authorization do
  169  not apply to that medication until such time as the parent no
  170  longer consents.
  171         2. Any time the department seeks a medical evaluation to
  172  determine the need to initiate or continue a psychotropic
  173  medication for a child, the department must provide to the
  174  evaluating physician or advanced practice registered nurse all
  175  pertinent medical information known to the department concerning
  176  that child.
  177         (b)1. If a child who is removed from the home under s.
  178  39.401 is receiving prescribed psychotropic medication at the
  179  time of removal and parental authorization to continue providing
  180  the medication cannot be obtained, the department may take
  181  possession of the remaining medication and may continue to
  182  provide the medication as prescribed until the shelter hearing,
  183  if it is determined that the medication is a current
  184  prescription for that child and the medication is in its
  185  original container.
  186         2. If the department continues to provide the psychotropic
  187  medication to a child when parental authorization cannot be
  188  obtained, the department shall notify the parent or legal
  189  guardian as soon as possible that the medication is being
  190  provided to the child as provided in subparagraph 1. The child’s
  191  official departmental record must include the reason parental
  192  authorization was not initially obtained and an explanation of
  193  why the medication is necessary for the child’s well-being.
  194         3. If the department is advised by a physician licensed
  195  under chapter 458 or chapter 459 or an advanced practice
  196  registered nurse whose specialty is psychiatric nursing, as
  197  defined in chapter 394, and who is given prescribing authority
  198  pursuant to chapter 464 that the child should continue the
  199  psychotropic medication and parental authorization has not been
  200  obtained, the department shall request court authorization at
  201  the shelter hearing to continue to provide the psychotropic
  202  medication and shall provide to the court any information in its
  203  possession in support of the request. Any authorization granted
  204  at the shelter hearing may extend only until the arraignment
  205  hearing on the petition for adjudication of dependency or 28
  206  days following the date of removal, whichever occurs sooner.
  207         4. Before filing the dependency petition, the department
  208  shall ensure that the child is evaluated by a physician licensed
  209  under chapter 458 or chapter 459 or an advanced practice
  210  registered nurse whose specialty is psychiatric nursing, as
  211  defined in chapter 394, and who is given prescribing authority
  212  pursuant to chapter 464 to determine whether it is appropriate
  213  to continue the psychotropic medication. If, as a result of the
  214  evaluation, the department seeks court authorization to continue
  215  the psychotropic medication, a motion for such continued
  216  authorization shall be filed at the same time as the dependency
  217  petition, within 21 days after the shelter hearing.
  218         (c) Except as provided in paragraphs (b) and (e), the
  219  department must file a motion seeking the court’s authorization
  220  to initially provide or continue to provide psychotropic
  221  medication to a child in its legal custody. The motion must be
  222  supported by a written report prepared by the department which
  223  describes the efforts made to enable the prescribing physician
  224  or advanced practice registered nurse whose specialty is
  225  psychiatric nursing, as defined in chapter 394, and who is given
  226  prescribing authority pursuant to chapter 464 to obtain express
  227  and informed consent for providing the medication to the child
  228  and other treatments considered or recommended for the child. In
  229  addition, the motion must be supported by the prescribing
  230  physician’s or advanced practice registered nurse’s signed
  231  medical report providing:
  232         1. The name of the child, the name and range of the dosage
  233  of the psychotropic medication, and that there is a need to
  234  prescribe psychotropic medication to the child based upon a
  235  diagnosed condition for which such medication is being
  236  prescribed.
  237         2. A statement indicating that the physician has reviewed
  238  all medical information concerning the child which has been
  239  provided.
  240         3. A statement indicating that the psychotropic medication,
  241  at its prescribed dosage, is appropriate for treating the
  242  child’s diagnosed medical condition, as well as the behaviors
  243  and symptoms the medication, at its prescribed dosage, is
  244  expected to address.
  245         4. An explanation of the nature and purpose of the
  246  treatment; the recognized side effects, risks, and
  247  contraindications of the medication; drug-interaction
  248  precautions; the possible effects of stopping the medication;
  249  and how the treatment will be monitored, followed by a statement
  250  indicating that this explanation was provided to the child if
  251  age appropriate and to the child’s caregiver.
  252         5. Documentation addressing whether the psychotropic
  253  medication will replace or supplement any other currently
  254  prescribed medications or treatments; the length of time the
  255  child is expected to be taking the medication; and any
  256  additional medical, mental health, behavioral, counseling, or
  257  other services that the prescribing physician or advanced
  258  practice registered nurse recommends.
  259         (d)1. The department must notify all parties of the
  260  proposed action taken under paragraph (c) in writing or by
  261  whatever other method best ensures that all parties receive
  262  notification of the proposed action within 48 hours after the
  263  motion is filed. If any party objects to the department’s
  264  motion, that party shall file the objection within 2 working
  265  days after being notified of the department’s motion. If any
  266  party files an objection to the authorization of the proposed
  267  psychotropic medication, the court shall hold a hearing as soon
  268  as possible before authorizing the department to initially
  269  provide or to continue providing psychotropic medication to a
  270  child in the legal custody of the department. At such hearing
  271  and notwithstanding s. 90.803, the medical report described in
  272  paragraph (c) is admissible in evidence. The prescribing
  273  physician or advanced practice registered nurse whose specialty
  274  is psychiatric nursing, as defined in chapter 394, and who is
  275  given prescribing authority pursuant to chapter 464 need not
  276  attend the hearing or testify unless the court specifically
  277  orders such attendance or testimony, or a party subpoenas the
  278  physician or advanced practice registered nurse to attend the
  279  hearing or provide testimony. If, after considering any
  280  testimony received, the court finds that the department’s motion
  281  and the physician’s or advanced practice registered nurse’s
  282  medical report meet the requirements of this subsection and that
  283  it is in the child’s best interests, the court may order that
  284  the department provide or continue to provide the psychotropic
  285  medication to the child without additional testimony or
  286  evidence. At any hearing held under this paragraph, the court
  287  shall further inquire of the department as to whether additional
  288  medical, mental health, behavioral, counseling, or other
  289  services are being provided to the child by the department which
  290  the prescribing physician or advanced practice registered nurse
  291  considers to be necessary or beneficial in treating the child’s
  292  medical condition and which the physician or advanced practice
  293  registered nurse recommends or expects to provide to the child
  294  in concert with the medication. The court may order additional
  295  medical consultation, including consultation with the MedConsult
  296  line at the University of Florida, if available, or require the
  297  department to obtain a second opinion within a reasonable
  298  timeframe as established by the court, not to exceed 21 calendar
  299  days, after such order based upon consideration of the best
  300  interests of the child. The department must make a referral for
  301  an appointment for a second opinion with a physician within 1
  302  working day. The court may not order the discontinuation of
  303  prescribed psychotropic medication if such order is contrary to
  304  the decision of the prescribing physician or advanced practice
  305  registered nurse unless the court first obtains an opinion from
  306  a licensed psychiatrist, if available, or, if not available, a
  307  physician licensed under chapter 458 or chapter 459, stating
  308  that more likely than not, discontinuing the medication would
  309  not cause significant harm to the child. If, however, the
  310  prescribing psychiatrist specializes in mental health care for
  311  children and adolescents, the court may not order the
  312  discontinuation of prescribed psychotropic medication unless the
  313  required opinion is also from a psychiatrist who specializes in
  314  mental health care for children and adolescents. The court may
  315  also order the discontinuation of prescribed psychotropic
  316  medication if a child’s treating physician, licensed under
  317  chapter 458 or chapter 459, states that continuing the
  318  prescribed psychotropic medication would cause significant harm
  319  to the child due to a diagnosed nonpsychiatric medical
  320  condition.
  321         2. The burden of proof at any hearing held under this
  322  paragraph shall be by a preponderance of the evidence.
  323         (e)1. If the child’s prescribing physician or advanced
  324  practice registered nurse whose specialty is psychiatric
  325  nursing, as defined in chapter 394, and who is given prescribing
  326  authority pursuant to chapter 464 certifies in the signed
  327  medical report required in paragraph (c) that delay in providing
  328  a prescribed psychotropic medication would more likely than not
  329  cause significant harm to the child, the medication may be
  330  provided in advance of the issuance of a court order. In such
  331  event, the medical report must provide the specific reasons why
  332  the child may experience significant harm and the nature and the
  333  extent of the potential harm. The department must submit a
  334  motion seeking continuation of the medication and the
  335  physician’s medical report to the court, the child’s guardian ad
  336  litem, and all other parties within 3 working days after the
  337  department commences providing the medication to the child. The
  338  department shall seek the order at the next regularly scheduled
  339  court hearing required under this chapter, or within 30 days
  340  after the date of the prescription, whichever occurs sooner. If
  341  any party objects to the department’s motion, the court shall
  342  hold a hearing within 7 days.
  343         2. Psychotropic medications may be administered in advance
  344  of a court order in hospitals, crisis stabilization units, and
  345  in statewide inpatient psychiatric programs. Within 3 working
  346  days after the medication is begun, the department must seek
  347  court authorization as described in paragraph (c).
  348         (f)1. The department shall fully inform the court of the
  349  child’s medical and behavioral status as part of the social
  350  services report prepared for each judicial review hearing held
  351  for a child for whom psychotropic medication has been prescribed
  352  or provided under this subsection. As a part of the information
  353  provided to the court, the department shall furnish copies of
  354  all pertinent medical records concerning the child which have
  355  been generated since the previous hearing. On its own motion or
  356  on good cause shown by any party, including any guardian ad
  357  litem, attorney, or attorney ad litem who has been appointed to
  358  represent the child or the child’s interests, the court may
  359  review the status more frequently than required in this
  360  subsection.
  361         2. The court may, in the best interests of the child, order
  362  the department to obtain a medical opinion addressing whether
  363  the continued use of the medication under the circumstances is
  364  safe and medically appropriate.
  365         (g) The department shall adopt rules to ensure that
  366  children receive timely access to clinically appropriate
  367  psychotropic medications. These rules must include, but need not
  368  be limited to, the process for determining which adjunctive
  369  services are needed, the uniform process for facilitating the
  370  prescribing physician’s or advanced practice registered nurse’s
  371  ability to obtain the express and informed consent of a child’s
  372  parent or guardian, the procedures for obtaining court
  373  authorization for the provision of a psychotropic medication,
  374  the frequency of medical monitoring and reporting on the status
  375  of the child to the court, how the child’s parents will be
  376  involved in the treatment-planning process if their parental
  377  rights have not been terminated, and how caretakers are to be
  378  provided information contained in the physician’s or advanced
  379  practice registered nurse’s signed medical report. The rules
  380  must also include uniform forms to be used in requesting court
  381  authorization for the use of a psychotropic medication and
  382  provide for the integration of each child’s treatment plan and
  383  case plan. The department must begin the formal rulemaking
  384  process within 90 days after the effective date of this act.
  385         (6) Children who are in the legal custody of the department
  386  may be placed by the department, without prior approval of the
  387  court, in a residential treatment center licensed under s.
  388  394.875 or a hospital licensed under chapter 395 for residential
  389  mental health treatment only pursuant to this section or may be
  390  placed by the court in accordance with an order of involuntary
  391  examination or involuntary placement entered pursuant to s.
  392  394.463 or s. 394.467. All children placed in a residential
  393  treatment program under this subsection must have a guardian ad
  394  litem appointed.
  395         (g)1. The department must submit, at the beginning of each
  396  month, to the court having jurisdiction over the child, a
  397  written report regarding the child’s progress toward achieving
  398  the goals specified in the individualized plan of treatment.
  399         2. The court must conduct a hearing to review the status of
  400  the child’s residential treatment plan no later than 60 days 3
  401  months after the child’s admission to the residential treatment
  402  program. An independent review of the child’s progress toward
  403  achieving the goals and objectives of the treatment plan must be
  404  completed by a qualified evaluator and submitted to the court
  405  before its 60-day 3-month review.
  406         3. For any child in residential treatment at the time a
  407  judicial review is held pursuant to s. 39.701, the child’s
  408  continued placement in residential treatment must be a subject
  409  of the judicial review.
  410         4. If at any time the court determines that the child is
  411  not suitable for continued residential treatment, the court
  412  shall order the department to place the child in the least
  413  restrictive setting that is best suited to meet his or her
  414  needs.
  415         (h) After the initial 60-day 3-month review, the court must
  416  conduct a review of the child’s residential treatment plan every
  417  90 days.
  418         (i) The department must adopt rules for implementing
  419  timeframes for the completion of suitability assessments by
  420  qualified evaluators and a procedure that includes timeframes
  421  for completing the 60-day 3-month independent review by the
  422  qualified evaluators of the child’s progress toward achieving
  423  the goals and objectives of the treatment plan which review must
  424  be submitted to the court. The Agency for Health Care
  425  Administration must adopt rules for the registration of
  426  qualified evaluators, the procedure for selecting the evaluators
  427  to conduct the reviews required under this section, and a
  428  reasonable, cost-efficient fee schedule for qualified
  429  evaluators.
  430         Section 5. Present paragraphs (a) through (h) of subsection
  431  (2) of section 39.5085, Florida Statutes, are redesignated as
  432  paragraphs (b) through (i), respectively, paragraph (a) of
  433  subsection (1) is amended, and a new paragraph (a) is added to
  434  subsection (2) of that section, to read:
  435         39.5085 Relative Caregiver Program.—
  436         (1) It is the intent of the Legislature in enacting this
  437  section to:
  438         (a) Provide for the establishment of procedures and
  439  protocols that serve to advance the continued safety of children
  440  by acknowledging the valued resource uniquely available through
  441  grandparents, relatives of children, and specified nonrelatives
  442  of children pursuant to subparagraph (2)(b)3. (2)(a)3.
  443         (2)
  444         (a)Relatives or nonrelatives who are caring for a child
  445  and do not meet the eligibility requirements for Level I
  446  licensure under s. 409.175 may apply for the Relative Caregiver
  447  Program.
  448         Section 6. Paragraph (a) of subsection (1) of section
  449  39.5086, Florida Statutes, is amended to read:
  450         39.5086 Kinship navigator programs.—
  451         (1) DEFINITIONS.—As used in this section, the term:
  452         (a)“Fictive kin” has the same meaning as provided in s.
  453  39.4015(2)(d).
  454         Section 7. Subsections (6) and (10) of section 39.6225,
  455  Florida Statutes, are amended to read:
  456         39.6225 Guardianship Assistance Program.—
  457         (6) Guardianship assistance benefits shall be terminated if
  458  the guardian is no longer providing support to the child. For
  459  purposes of this subsection, a guardian is considered to no
  460  longer be providing support to the child if:
  461         (a) The child is absent from the home of the guardian for a
  462  period of at least 60 consecutive calendar days, unless the
  463  child:
  464         1. Is absent due to medical care, school attendance,
  465  runaway status, or detention in a Department of Juvenile Justice
  466  facility; and
  467         2. Continues to be under the care and custody of the
  468  guardian.
  469         (b) The court modifies the placement of the child and the
  470  guardian is no longer eligible to receive guardianship
  471  assistance benefits.
  472         (10) The case plan must describe the following for each
  473  child with a permanency goal of permanent guardianship in which
  474  the guardian is pursuing in receipt of guardianship assistance
  475  payments:
  476         (a) The manner in which the child meets program eligibility
  477  requirements.
  478         (b) The manner in which the department determined that
  479  reunification or adoption is not appropriate.
  480         (c) Efforts to discuss adoption with the child’s permanent
  481  guardian.
  482         (d) Efforts to discuss guardianship assistance with the
  483  child’s parent or the reasons why efforts were not made.
  484         (e) The reasons why a permanent placement with the
  485  prospective guardian is in the best interest of the child.
  486         (f) The reasons why the child is separated from his or her
  487  siblings during placement, if applicable.
  488         (g) Efforts to consult the child, if the child is 14 years
  489  of age or older, regarding the permanent guardianship
  490  arrangement.
  491         Section 8. Subsections (2) and (3), paragraph (a) of
  492  subsection (4), and subsection (6) of section 39.6251, Florida
  493  Statutes, are amended, and subsection (10) is added to that
  494  section, to read:
  495         39.6251 Continuing care for young adults.—
  496         (2) The primary goal for a child in care is permanency. A
  497  child who is living in licensed care on his or her 18th birthday
  498  and who has not achieved permanency under s. 39.621 is eligible
  499  to remain in licensed care under the jurisdiction of the court
  500  and in the care of the department. A child is eligible to remain
  501  in licensed care if he or she is:
  502         (a) Completing secondary education or a program leading to
  503  an equivalent credential;
  504         (b) Enrolled in an institution that provides postsecondary
  505  or vocational education;
  506         (c) Participating in a program or activity designed to
  507  promote or eliminate barriers to employment;
  508         (d) Employed for at least 80 hours per month; or
  509         (e) Unable to participate in programs or activities listed
  510  in paragraphs (a)-(d) full time due to a physical, intellectual,
  511  emotional, or psychiatric condition that limits participation.
  512  Any such barrier to participation must be supported by
  513  documentation in the child’s case file or school or medical
  514  records of a physical, intellectual, or psychiatric condition
  515  that impairs the child’s ability to perform one or more life
  516  activities.
  518  The young adult must furnish documentation to the department or
  519  lead agency of his or her participation in one of the programs
  520  or activities listed in paragraphs (a)-(d), or his or her
  521  inability to participate in one of the programs or activities as
  522  provided in paragraph (e), or authorize the release of his or
  523  her records to the department or lead agency.
  524         (3) The permanency goal for a young adult who chooses to
  525  remain in care past his or her 18th birthday is to transition to
  526  independence from licensed care to independent living.
  527         (4)(a) The young adult must reside in a supervised living
  528  environment that is approved by the department or a community
  529  based care lead agency. The young adult shall live
  530  independently, but in an environment in which he or she is
  531  provided supervision, case management, and supportive services
  532  by the department or lead agency. Such an environment must offer
  533  developmentally appropriate freedom and responsibility to
  534  prepare the young adult for adulthood. For the purposes of this
  535  subsection, a supervised living arrangement may include a
  536  licensed foster home, licensed group home, college dormitory,
  537  shared housing, apartment, or another housing arrangement if the
  538  arrangement is approved by the community-based care lead agency
  539  and is acceptable to the young adult, with first choice being a
  540  licensed foster home. A young adult may continue to reside with
  541  the same licensed foster family or group care provider with whom
  542  he or she was residing at the time he or she reached the age of
  543  18 years.
  544         (6) A young adult who is between the ages of 18 and 21 and
  545  who has left care may return to care by applying to the
  546  community-based care lead agency for readmission through the
  547  execution of a voluntary placement agreement. The community
  548  based care lead agency shall readmit the young adult if he or
  549  she continues to meet the eligibility requirements in this
  550  section.
  551         (a) The department shall develop a standard procedure and
  552  application packet for readmission to care to be used by all
  553  community-based care lead agencies.
  554         (b) Within 30 days after the young adult has been
  555  readmitted to care, the community-based care lead agency shall
  556  assign a case manager to update the case plan and the transition
  557  plan and to arrange for the required services. Updates to the
  558  case plan and the transition plan and arrangements for the
  559  required services shall be undertaken in consultation with the
  560  young adult. The department shall petition the court to
  561  reinstate jurisdiction over the young adult. Notwithstanding s.
  562  39.013(2), the court shall resume jurisdiction over the young
  563  adult if the department establishes that he or she continues to
  564  meet the eligibility requirements in this section.
  565         (10)The department shall adopt rules to administer this
  566  section.
  567         Section 9. Paragraph (d) of subsection (2) of section
  568  39.701, Florida Statutes, is amended, and paragraphs (f) and (g)
  569  are added to subsection (4) of that section, to read:
  570         39.701 Judicial review.—
  572  AGE.—
  573         (d) Orders.—
  574         1. Based upon the criteria set forth in paragraph (c) and
  575  the recommended order of the citizen review panel, if any, the
  576  court shall determine whether or not the social service agency
  577  shall initiate proceedings to have a child declared a dependent
  578  child, return the child to the parent, continue the child in
  579  out-of-home care for a specified period of time, or initiate
  580  termination of parental rights proceedings for subsequent
  581  placement in an adoptive home. Amendments to the case plan must
  582  be prepared as provided prescribed in s. 39.6013. If the court
  583  finds that the prevention or reunification efforts of the
  584  department will allow the child to remain safely at home or be
  585  safely returned to the home, the court shall allow the child to
  586  remain in or return to the home after making a specific finding
  587  of fact that the reasons for the creation of the case plan have
  588  been remedied to the extent that the child’s safety, well-being,
  589  and physical, mental, and emotional health will not be
  590  endangered.
  591         2. The court shall return the child to the custody of his
  592  or her the parents at any time it determines that the
  593  circumstances which caused the out-of-home placement, and issues
  594  subsequently identified, have been remedied to the extent that
  595  return of the child to the home with an in-home safety plan
  596  prepared or approved by the department that they have
  597  substantially complied with the case plan, if the court is
  598  satisfied that reunification will not be detrimental to the
  599  child’s safety, well-being, and physical, mental, and emotional
  600  health.
  601         3. If, in the opinion of the court, the social service
  602  agency has not complied with its obligations as specified in the
  603  written case plan, the court may find the social service agency
  604  in contempt, shall order the social service agency to submit its
  605  plans for compliance with the agreement, and shall require the
  606  social service agency to show why the child could not safely be
  607  returned to the home of the parents.
  608         4. If, at any judicial review, the court finds that the
  609  parents have failed to substantially comply with the case plan
  610  to the degree that further reunification efforts are without
  611  merit and not in the best interest of the child, on its own
  612  motion, the court may order the filing of a petition for
  613  termination of parental rights, regardless of whether or not the
  614  time period as contained in the case plan for substantial
  615  compliance has expired.
  616         5. Within 6 months after the date that the child was placed
  617  in shelter care, the court shall conduct a judicial review
  618  hearing to review the child’s permanency goal as identified in
  619  the case plan. At the hearing the court shall make findings
  620  regarding the likelihood of the child’s reunification with the
  621  parent or legal custodian. In making such findings, the court
  622  shall consider the level of the parent or legal custodian’s
  623  compliance with the case plan and demonstrated change in
  624  protective capacities compared to that necessary to achieve
  625  timely reunification within 12 months after the removal of the
  626  child from the home. The court shall also consider the
  627  frequency, duration, manner, and level of engagement of the
  628  parent or legal custodian’s visitation with the child in
  629  compliance with the case plan. If the court makes a written
  630  finding that it is not likely that the child will be reunified
  631  with the parent or legal custodian within 12 months after the
  632  child was removed from the home, the department must file with
  633  the court, and serve on all parties, a motion to amend the case
  634  plan under s. 39.6013 and declare that it will use concurrent
  635  planning for the case plan. The department must file the motion
  636  within 10 business days after receiving the written finding of
  637  the court. The department must attach the proposed amended case
  638  plan to the motion. If concurrent planning is already being
  639  used, the case plan must document the efforts the department is
  640  taking to complete the concurrent goal.
  641         6. The court may issue a protective order in assistance, or
  642  as a condition, of any other order made under this part. In
  643  addition to the requirements included in the case plan, the
  644  protective order may set forth requirements relating to
  645  reasonable conditions of behavior to be observed for a specified
  646  period of time by a person or agency who is before the court,;
  647  and the order may require any person or agency to make periodic
  648  reports to the court containing such information as the court in
  649  its discretion may prescribe.
  650         7.If, at any judicial review, the court determines that
  651  the child shall remain in out-of-home care in a placement other
  652  than with a parent, the court shall order that the department
  653  has placement and care responsibility for the child.
  655  each period of time that a young adult remains in foster care,
  656  the court shall review the status of the young adult at least
  657  every 6 months and must hold a permanency review hearing at
  658  least annually.
  659         (f)If the young adult elects to voluntarily leave extended
  660  foster care for the sole purpose of ending a removal episode and
  661  immediately thereafter executes a voluntary placement agreement
  662  with the department to reenroll in extended foster care, the
  663  court shall enter an order finding that the prior removal
  664  episode has ended. Under these circumstances, the court
  665  maintains jurisdiction and a petition to reinstate jurisdiction
  666  as provided in s. 39.6251(6)(b) is not required.
  667         (g)1.When a young adult enters extended foster care by
  668  executing a voluntary placement agreement, the court shall enter
  669  an order within 180 days after execution of the agreement which
  670  determines whether the placement is in the best interest of the
  671  young adult. For purposes of this paragraph, a placement may
  672  include a licensed foster home, licensed group home, college
  673  dormitory, shared housing, apartment, or another housing
  674  arrangement, if the arrangement is approved by the community
  675  based care lead agency and is acceptable to the young adult.
  676         2.When a young adult is in extended foster care, each
  677  judicial review order shall provide that the department has
  678  placement and care responsibility for the young adult.
  679         3.When a young adult is in extended foster care, the court
  680  shall enter an order at least every 12 months that includes a
  681  finding of whether the department has made reasonable efforts to
  682  finalize the permanency plan currently in effect.
  683         Section 10. Present subsections (9) and (10) of section
  684  409.1451, Florida Statutes, are redesignated as subsections (10)
  685  and (11), respectively, paragraph (b) of subsection (2) is
  686  amended, and a new subsection (9) is added to that section, to
  687  read:
  688         409.1451 The Road-to-Independence Program.—
  690         (b) The amount of the financial assistance shall be as
  691  follows:
  692         1. For a young adult who does not remain in foster care and
  693  is attending a postsecondary school as provided in s. 1009.533,
  694  the amount is $1,256 monthly.
  695         2. For a young adult who remains in foster care, is
  696  attending a postsecondary school, as provided in s. 1009.533,
  697  and continues to reside in a licensed foster home, the amount is
  698  the established room and board rate for foster parents. This
  699  takes the place of the payment provided for in s. 409.145(4).
  700         3. For a young adult who remains in foster care, but
  701  temporarily resides away from a licensed foster home for
  702  purposes of attending a postsecondary school as provided in s.
  703  1009.533, the amount is $1,256 monthly. This takes the place of
  704  the payment provided for in s. 409.145(4).
  705         4. For a young adult who remains in foster care, is
  706  attending a postsecondary school as provided in s. 1009.533, and
  707  continues to reside in a licensed group home, the amount is
  708  negotiated between the community-based care lead agency and the
  709  licensed group home provider.
  710         5. For a young adult who remains in foster care, but
  711  temporarily resides away from a licensed group home for purposes
  712  of attending a postsecondary school as provided in s. 1009.533,
  713  the amount is $1,256 monthly. This takes the place of a
  714  negotiated room and board rate.
  715         6.The amount of the award may be disregarded for purposes
  716  of determining the eligibility for, or the amount of, any other
  717  federal or federally supported assistance.
  718         6.7. A young adult is eligible to receive financial
  719  assistance during the months when he or she is enrolled in a
  720  postsecondary educational institution.
  722  SERVICES.—Financial awards to young adults receiving services
  723  under subsections (2) and (3) and s. 39.6251 may be disregarded
  724  for purposes of determining the eligibility for, or the amount
  725  of, any other federal or federally supported assistance.
  726         Section 11. Paragraphs (e), (j), and (m) of subsection (2),
  727  paragraph (b) of subsection (5), paragraph (c) of subsection
  728  (6), subsection (7), paragraph (b) of subsection (9), paragraphs
  729  (b) and (c) of subsection (12), and paragraphs (b) and (d) of
  730  subsection (14) of section 409.175, Florida Statutes, are
  731  amended to read:
  732         409.175 Licensure of family foster homes, residential
  733  child-caring agencies, and child-placing agencies; public
  734  records exemption.—
  735         (2) As used in this section, the term:
  736         (e) “Family foster home” means a private residence licensed
  737  by the department in which children who are unattended by a
  738  parent or legal guardian are provided 24-hour care. The term
  739  does not include an adoptive home that has been approved by the
  740  department or approved by a licensed child-placing agency for
  741  children placed for adoption.
  742         (j) “Personnel” means all owners, operators, employees, and
  743  volunteers working in a child-placing agency, family foster
  744  home, or residential child-caring agency who may be employed by
  745  or do volunteer work for a person, corporation, or agency that
  746  holds a license as a child-placing agency or a residential
  747  child-caring agency, but the term does not include those who do
  748  not work on the premises where child care is furnished and have
  749  no direct contact with a child or have no contact with a child
  750  outside of the presence of the child’s parent or guardian. For
  751  purposes of screening, the term includes any member, over the
  752  age of 12 years, of the family of the owner or operator or any
  753  person other than a client, over the age of 12 years, residing
  754  with the owner or operator if the agency or family foster home
  755  is located in or adjacent to the home of the owner or operator
  756  or if the family member of, or person residing with, the owner
  757  or operator has any direct contact with the children. Members of
  758  the family of the owner or operator, or persons residing with
  759  the owner or operator, who are between the ages of 12 years and
  760  18 years are not required to be fingerprinted, but must be
  761  screened for delinquency records. For purposes of screening, the
  762  term also includes owners, operators, employees, and volunteers
  763  working in summer day camps, or summer 24-hour camps providing
  764  care for children. A volunteer who assists on an intermittent
  765  basis for less than 10 hours per month shall not be included in
  766  the term “personnel” for the purposes of screening if a person
  767  who meets the screening requirement of this section is always
  768  present and has the volunteer in his or her line of sight.
  769         (m) “Screening” means the act of assessing the background
  770  of personnel or level II through level V family foster homes and
  771  includes, but is not limited to, employment history checks as
  772  provided in chapter 435, using the level 2 standards for
  773  screening set forth in that chapter.
  774         (5) The department shall adopt and amend rules for the
  775  levels of licensed care associated with the licensure of family
  776  foster homes, residential child-caring agencies, and child
  777  placing agencies. The rules may include criteria to approve
  778  waivers to licensing requirements when applying for a child
  779  specific license.
  780         (b) The requirements for licensure and operation of family
  781  foster homes, residential child-caring agencies, and child
  782  placing agencies shall include:
  783         1. The operation, conduct, and maintenance of these homes
  784  and agencies and the responsibility which they assume for
  785  children served and the evidence of need for that service.
  786         2. The provision of food, clothing, educational
  787  opportunities, services, equipment, and individual supplies to
  788  assure the healthy physical, emotional, and mental development
  789  of the children served.
  790         3. The appropriateness, safety, cleanliness, and general
  791  adequacy of the premises, including fire prevention and health
  792  standards, to provide for the physical comfort, care, and well
  793  being of the children served.
  794         4. The ratio of staff to children required to provide
  795  adequate care and supervision of the children served and, in the
  796  case of family foster homes, the maximum number of children in
  797  the home.
  798         5. The good moral character based upon screening,
  799  education, training, and experience requirements for personnel
  800  and family foster homes.
  801         6. The department may grant exemptions from
  802  disqualification from working with children or the
  803  developmentally disabled as provided in s. 435.07.
  804         7. The provision of preservice and inservice training for
  805  all foster parents and agency staff.
  806         8. Satisfactory evidence of financial ability to provide
  807  care for the children in compliance with licensing requirements.
  808         9. The maintenance by the agency of records pertaining to
  809  admission, progress, health, and discharge of children served,
  810  including written case plans and reports to the department.
  811         10. The provision for parental involvement to encourage
  812  preservation and strengthening of a child’s relationship with
  813  the family.
  814         11. The transportation safety of children served.
  815         12. The provisions for safeguarding the cultural,
  816  religious, and ethnic values of a child.
  817         13. Provisions to safeguard the legal rights of children
  818  served.
  819         (6)
  820         (c) A licensed family foster home, child-placing agency, or
  821  residential child-caring agency which applies for renewal of its
  822  license shall submit to the department a list of personnel or
  823  household members who have worked or resided on a continuous
  824  basis at the applicant family foster home or agency since
  825  submitting fingerprints to the department, identifying those for
  826  whom a written assurance of compliance was provided by the
  827  department and identifying those personnel or household members
  828  who have recently begun working or residing at the family foster
  829  home or agency and are awaiting the results of the required
  830  fingerprint check, along with the date of the submission of
  831  those fingerprints for processing. The department shall by rule
  832  determine the frequency of requests to the Department of Law
  833  Enforcement to run state criminal records checks for such
  834  personnel or household members except for those personnel or
  835  household members awaiting the results of initial fingerprint
  836  checks for employment at the applicant family foster home or
  837  agency.
  838         (7)(a)The department may extend a license expiration date
  839  once for a period of up to 30 days. However, the department may
  840  not extend a license expiration date more than once during a
  841  licensure period The department may issue a provisional license
  842  to an applicant who is unable to conform to the licensing
  843  requirements at the time of the study, but who is believed able
  844  to meet the licensing requirements within the time allowed by
  845  the provisional license. The issuance of a provisional license
  846  shall be contingent upon the submission to the department of an
  847  acceptable written plan to overcome the deficiency by the
  848  expiration date of the provisional license.
  849         (b)A provisional license may be issued when the applicant
  850  fails to meet licensing requirements in matters that are not of
  851  immediate danger to the children and the agency has submitted a
  852  corrective action plan which is approved by the department. A
  853  provisional license may be issued if the screening material has
  854  been timely submitted; however, a provisional license may not be
  855  issued unless the applicant is in compliance with the
  856  requirements in this section for screening of personnel.
  857         (c)A provisional license shall not be issued for a period
  858  in excess of 1 year and shall not be subject to renewal; and it
  859  may be suspended if periodic inspection by the department
  860  indicates that insufficient progress has been made toward
  861  compliance with the requirements.
  862         (9)
  863         (b) Any of the following actions by a family foster home or
  864  its household members or an agency or its personnel is a ground
  865  for denial, suspension, or revocation of a license:
  866         1. An intentional or negligent act materially affecting the
  867  health or safety of children in the home or agency.
  868         2. A violation of the provisions of this section or of
  869  licensing rules adopted promulgated pursuant to this section.
  870         3. Noncompliance with the requirements for good moral
  871  character as specified in paragraph (5)(b).
  872         4. Failure to dismiss personnel or a household member found
  873  in noncompliance with requirements for good moral character.
  874         5. Failure to comply with the requirements of ss. 63.0422
  875  and 790.335.
  876         (12)
  877         (b) It is unlawful for any person, agency, family foster
  878  home, summer day camp, or summer 24-hour camp providing care for
  879  children to:
  880         1. Willfully or intentionally fail to comply with the
  881  requirements for the screening of personnel and family foster
  882  homes or the dismissal of personnel or household members found
  883  not to be in compliance with the requirements for good moral
  884  character as specified in paragraph (5)(b).
  885         2. Use information from the criminal records obtained under
  886  this section for any purpose other than screening a person for
  887  employment as specified in this section or to release such
  888  information to any other person for any purpose other than
  889  screening for employment as specified in this section.
  890         (c) It is unlawful for any person, agency, family foster
  891  home, summer day camp, or summer 24-hour camp providing care for
  892  children to use information from the juvenile records of any
  893  person obtained under this section for any purpose other than
  894  screening for employment as specified in this section or to
  895  release information from such records to any other person for
  896  any purpose other than screening for employment as specified in
  897  this section.
  898         (14)
  899         (b) As a condition of licensure, foster parents shall
  900  successfully complete a minimum of 21 hours of preservice
  901  training. The preservice training shall be uniform statewide and
  902  shall include, but not be limited to, such areas as:
  903         1. Orientation regarding agency purpose, objectives,
  904  resources, policies, and services;
  905         2. Role of the foster parent as a treatment team member;
  906         3. Transition of a child into and out of foster care,
  907  including issues of separation, loss, and attachment;
  908         4. Management of difficult child behavior that can be
  909  intensified by placement, by prior abuse or neglect, and by
  910  prior placement disruptions;
  911         5. Prevention of placement disruptions;
  912         6. Care of children at various developmental levels,
  913  including appropriate discipline; and
  914         7. Effects of foster parenting on the family of the foster
  915  parent.
  916         (d) Before prior to licensure renewal, each level II
  917  through level V foster parent must shall successfully complete 8
  918  hours of inservice training. Each level I foster parent shall
  919  successfully complete 4 hours of inservice training. Periodic
  920  time-limited training courses shall be made available for
  921  selective use by foster parents. Such inservice training shall
  922  include subjects affecting the daily living experiences of
  923  foster parenting as a foster parent. For a foster parent
  924  participating in the required inservice training, the department
  925  shall reimburse such parent for travel expenditures and, if both
  926  parents in a home are attending training or if the absence of
  927  the parent would leave the children without departmentally
  928  approved adult supervision, the department shall make provision
  929  for child care or shall reimburse the foster parents for child
  930  care purchased by the parents for children in their care.
  931         Section 12. Subsection (4) of section 409.903, Florida
  932  Statutes, is amended to read:
  933         409.903 Mandatory payments for eligible persons.—The agency
  934  shall make payments for medical assistance and related services
  935  on behalf of the following persons who the department, or the
  936  Social Security Administration by contract with the Department
  937  of Children and Families, determines to be eligible, subject to
  938  the income, assets, and categorical eligibility tests set forth
  939  in federal and state law. Payment on behalf of these Medicaid
  940  eligible persons is subject to the availability of moneys and
  941  any limitations established by the General Appropriations Act or
  942  chapter 216.
  943         (4) A child who is eligible under Title IV-E of the Social
  944  Security Act for subsidized board payments, foster care, or
  945  adoption subsidies, and a child for whom the state has assumed
  946  temporary or permanent responsibility and who does not qualify
  947  for Title IV-E assistance but is in foster care, shelter or
  948  emergency shelter care, or subsidized adoption. This category
  949  includes:
  950         (a) A young adult who is eligible to receive services under
  951  s. 409.1451, until the young adult reaches 21 years of age,
  952  without regard to any income, resource, or categorical
  953  eligibility test that is otherwise required.
  954         (b)This category also includes A person who as a child was
  955  eligible under Title IV-E of the Social Security Act for foster
  956  care or the state-provided foster care and who is a participant
  957  in the Road-to-Independence Program.
  958         (c)A child who is eligible for the Guardianship Assistance
  959  Program as provided in s. 39.6225.
  960         Section 13. Paragraph (a) of subsection (1) of section
  961  409.991, Florida Statutes, is amended to read:
  962         409.991 Allocation of funds for community-based care lead
  963  agencies.—
  964         (1) As used in this section, the term:
  965         (a) “Core services funds” means all funds allocated to
  966  community-based care lead agencies operating under contract with
  967  the department pursuant to s. 409.987, with the following
  968  exceptions:
  969         1. Funds appropriated for independent living;
  970         2. Funds appropriated for maintenance adoption subsidies;
  971         3. Funds allocated by the department for protective
  972  investigations training;
  973         4. Nonrecurring funds;
  974         5. Designated mental health wrap-around services funds; and
  975         6. Funds for special projects for a designated community
  976  based care lead agency; and
  977         7.Funds appropriated for the Guardianship Assistance
  978  Program under s. 39.6225.
  979         Section 14. Paragraph (b) of subsection (1) of section
  980  414.045, Florida Statutes, is amended to read:
  981         414.045 Cash assistance program.—Cash assistance families
  982  include any families receiving cash assistance payments from the
  983  state program for temporary assistance for needy families as
  984  defined in federal law, whether such funds are from federal
  985  funds, state funds, or commingled federal and state funds. Cash
  986  assistance families may also include families receiving cash
  987  assistance through a program defined as a separate state
  988  program.
  989         (1) For reporting purposes, families receiving cash
  990  assistance shall be grouped into the following categories. The
  991  department may develop additional groupings in order to comply
  992  with federal reporting requirements, to comply with the data
  993  reporting needs of the board of directors of CareerSource
  994  Florida, Inc., or to better inform the public of program
  995  progress.
  996         (b) Child-only cases.—Child-only cases include cases that
  997  do not have an adult or teen head of household as defined in
  998  federal law. Such cases include:
  999         1. Children in the care of caretaker relatives, if the
 1000  caretaker relatives choose to have their needs excluded in the
 1001  calculation of the amount of cash assistance.
 1002         2. Families in the Relative Caregiver Program as provided
 1003  in s. 39.5085.
 1004         3. Families in which the only parent in a single-parent
 1005  family or both parents in a two-parent family receive
 1006  supplemental security income (SSI) benefits under Title XVI of
 1007  the Social Security Act, as amended. To the extent permitted by
 1008  federal law, individuals receiving SSI shall be excluded as
 1009  household members in determining the amount of cash assistance,
 1010  and such cases shall not be considered families containing an
 1011  adult. Parents or caretaker relatives who are excluded from the
 1012  cash assistance group due to receipt of SSI may choose to
 1013  participate in work activities. An individual whose ability to
 1014  participate in work activities is limited who volunteers to
 1015  participate in work activities shall be assigned to work
 1016  activities consistent with such limitations. An individual who
 1017  volunteers to participate in a work activity may receive child
 1018  care or support services consistent with such participation.
 1019         4. Families in which the only parent in a single-parent
 1020  family or both parents in a two-parent family are not eligible
 1021  for cash assistance due to immigration status or other
 1022  limitation of federal law. To the extent required by federal
 1023  law, such cases shall not be considered families containing an
 1024  adult.
 1025         5. To the extent permitted by federal law and subject to
 1026  appropriations, special needs children who have been adopted
 1027  pursuant to s. 409.166 and whose adopting family qualifies as a
 1028  needy family under the state program for temporary assistance
 1029  for needy families. Notwithstanding any provision to the
 1030  contrary in s. 414.075, s. 414.085, or s. 414.095, a family
 1031  shall be considered a needy family if:
 1032         a. The family is determined by the department to have an
 1033  income below 200 percent of the federal poverty level;
 1034         b. The family meets the requirements of s. 414.095(2) and
 1035  (3) related to residence, citizenship, or eligible noncitizen
 1036  status; and
 1037         c. The family provides any information that may be
 1038  necessary to meet federal reporting requirements specified under
 1039  Part A of Title IV of the Social Security Act.
 1040         6.Families in the Guardianship Assistance Program as
 1041  provided in s. 39.6225.
 1043  Families described in subparagraph 1., subparagraph 2., or
 1044  subparagraph 3. may receive child care assistance or other
 1045  supports or services so that the children may continue to be
 1046  cared for in their own homes or in the homes of relatives. Such
 1047  assistance or services may be funded from the temporary
 1048  assistance for needy families block grant to the extent
 1049  permitted under federal law and to the extent funds have been
 1050  provided in the General Appropriations Act.
 1051         Section 15. Paragraph (d) of subsection (1) of section
 1052  1009.25, Florida Statutes, is amended to read:
 1053         1009.25 Fee exemptions.—
 1054         (1) The following students are exempt from the payment of
 1055  tuition and fees, including lab fees, at a school district that
 1056  provides workforce education programs, Florida College System
 1057  institution, or state university:
 1058         (d) A student who is or was at the time he or she reached
 1059  18 years of age in the custody of a relative or nonrelative
 1060  under s. 39.5085 or s. 39.6225 or who was adopted from the
 1061  Department of Children and Families after May 5, 1997. Such
 1062  exemption includes fees associated with enrollment in applied
 1063  academics for adult education instruction. The exemption remains
 1064  valid until the student reaches 28 years of age.
 1065         Section 16. This act shall take effect July 1, 2019.