HB 151

1
A bill to be entitled
2An act relating to transition-to-adulthood services;
3amending s. 985.03, F.S.; defining the term "transition-
4to-adulthood services"; creating s. 985.461, F.S.;
5providing legislative intent concerning transition-to-
6adulthood services for youth in the custody of the
7Department of Juvenile Justice; providing for eligibility
8for services for youth served by the department who are
9legally in the custody of the Department of Children and
10Family Services; providing that an adjudication of
11delinquency does not disqualify a youth in foster care
12from certain services from the Department of Children and
13Family Services; providing powers and duties of the
14Department of Juvenile Justice for transition services;
15providing for assessments; requiring that services be part
16of a plan leading to independence; amending s. 985.0301,
17F.S.; providing for retention of court jurisdiction over a
18child for a specified period following the child's 19th
19birthday if the child is participating in transition-to-
20adulthood services; providing that certain services
21require voluntary participation by affected youth and do
22not create an involuntary court-sanctioned residential
23commitment; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Present subsections (57) and (58) of section
28985.03, Florida Statutes, are renumbered as subsections (58) and
29(59), respectively, and a new subsection (57) is added to that
30section to read:
31     985.03  Definitions.-As used in this chapter, the term:
32     (57)  "Transition-to-adulthood services" means services
33that are provided for youth in the custody of the department or
34under the supervision of the department and that have the
35objective of instilling the knowledge, skills, and aptitudes
36essential to a socially integrated, self-supporting adult life.
37The services may include, but are not limited to:
38     (a)  Assessment of the youth's ability and readiness for
39adult life.
40     (b)  A plan for the youth to acquire the knowledge,
41information, and counseling necessary to make a successful
42transition to adulthood.
43     (c)  Services that have proven effective toward achieving
44the transition to adulthood.
45     Section 2.  Section 985.461, Florida Statutes, is created
46to read:
47     985.461  Transition to adulthood.-
48     (1)  The Legislature finds that older youth are faced with
49the need to learn how to support themselves within legal means
50and overcome the stigma of being delinquent. In most cases,
51parents expedite this transition. It is the intent of the
52Legislature that the department provide older youth in its
53custody or under its supervision with opportunities for
54participating in transition-to-adulthood services while in the
55department's commitment programs or in probation or conditional
56release programs in the community. These services should be
57reasonable and appropriate for the youths' respective ages or
58special needs and provide activities that build life skills and
59increase the ability to live independently and become self-
60sufficient.
61     (2)  Youth served by the department who are in the custody
62of the Department of Children and Family Services and who
63entered juvenile justice placement from a foster care placement,
64if otherwise eligible, may receive independent living transition
65services pursuant to s. 409.1451. Court-ordered commitment or
66probation with the department is not a barrier to eligibility
67for the array of services available to a youth who is in the
68dependency foster care system only.
69     (3)  For a dependent child in the foster care system,
70adjudication for delinquency does not, by itself, disqualify
71such child for eligibility in the Department of Children and
72Family Services' independent living program.
73     (4)  To support participation in transition-to-adulthood
74services and subject to appropriation, the department may:
75     (a)  Assess the child's skills and abilities to live
76independently and become self-sufficient. The specific services
77to be provided shall be determined using an assessment of his or
78her readiness for adult life.
79     (b)  Develop a list of age-appropriate activities and
80responsibilities to be incorporated in the child's written case
81plan for any youth 17 years of age or older who is under the
82custody or supervision of the department. Activities may
83include, but are not limited to, life skills training, including
84training to develop banking and budgeting skills, interviewing
85and career planning skills, parenting skills, personal health
86management, and time management or organizational skills;
87educational support; employment training; and counseling.
88     (c)  Provide information related to social security
89insurance benefits and public assistance.
90     (d)  Request parental or guardian permission for the youth
91to participate in transition-to-adulthood services. Upon such
92consent, age-appropriate activities shall be incorporated into
93the youth's written case plan. This plan may include specific
94goals and objectives and shall be reviewed and updated at least
95quarterly. If the parent or guardian is cooperative, the plan
96may not interfere with the parent's or guardian's rights to
97nurture and train his or her child in ways that are otherwise in
98compliance with the law and court order.
99     (e)  Contract for transition-to-adulthood services that
100include residential services and assistance and allow the child
101to live independently of the daily care and supervision of an
102adult in a setting that is not licensed under s. 409.175. A
103child under the care or supervision of the department who has
104reached 17 years of age but is not yet 19 years of age is
105eligible for such services if he or she does not pose a danger
106to the public and is able to demonstrate minimally sufficient
107skills and aptitude for living under decreased adult
108supervision, as determined by the department, using established
109procedures and assessments.
110     (5)  For a child who is 17 years of age or older, under the
111department's care or supervision, and without benefit of parents
112or legal guardians capable of assisting the child in the
113transition to adult life, the department may provide an
114assessment to determine the child's skills and abilities to live
115independently and become self-sufficient. Based on the
116assessment and within existing resources, services and training
117may be provided in order to develop the necessary skills and
118abilities before the child's 18th birthday.
119     (6)  The provision of transition-to-adulthood services must
120be part of an overall plan leading to the total independence of
121the child from department supervision. The plan must include,
122but need not be limited to:
123     (a)  A description of the child's skills and a plan for
124learning additional identified skills;
125     (b)  The behavior that the child has exhibited which
126indicates an ability to be responsible and a plan for developing
127additional responsibilities, as appropriate;
128     (c)  A plan for the provision of future educational,
129vocational, and training skills;
130     (d)  Present financial and budgeting capabilities and a
131plan for improving resources and abilities;
132     (e)  A description of the proposed residence;
133     (f)  Documentation that the child understands the specific
134consequences of his or her conduct in such a program;
135     (g)  Documentation of proposed services to be provided by
136the department and other agencies, including the type of
137services and the nature and frequency of contact; and
138     (h)  A plan for maintaining or developing relationships
139with family, other adults, friends, and the community, as
140appropriate.
141     Section 3.  Paragraph (a) of subsection (5) of section
142985.0301, Florida Statutes, is amended to read:
143     985.0301  Jurisdiction.-
144     (5)(a)  Notwithstanding ss. 743.07, 985.43, 985.433,
145985.435, 985.439, and 985.441, and except as provided in ss.
146985.461, 985.465, and 985.47 and paragraph (f), when the
147jurisdiction of any child who is alleged to have committed a
148delinquent act or violation of law is obtained, the court shall
149retain jurisdiction, unless relinquished by its order, until the
150child reaches 19 years of age, with the same power over the
151child which that the court had before prior to the child became
152becoming an adult. For the purposes of s. 985.461, the court may
153retain jurisdiction for an additional 365 days following the
154child's 19th birthday if the child is participating in
155transition-to-adulthood services. The additional services do not
156extend involuntary court-sanctioned residential commitment and
157therefore require voluntary participation by the affected youth.
158     Section 4.  This act shall take effect July 1, 2011.


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