HB 5307

1
A bill to be entitled
2An act relating to the Department of Children and Family
3Services; amending s. 409.1451, F.S.; revising the age up
4to which young adults are eligible for independent living
5services; creating s. 415.1114, F.S.; transferring the
6responsibility for adult protective investigations from
7the Department of Children and Family Services to county
8sheriffs' offices under certain circumstances; providing
9contract requirements for implementation of the transfer
10of responsibilities; providing conditions for funding and
11performance evaluation; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (b) of subsection (2) and subsection
16(5) of section 409.1451, Florida Statutes, are amended to read:
17     409.1451  Independent living transition services.-
18     (2)  ELIGIBILITY.-
19     (b)  The department shall serve young adults who have
20reached 18 years of age but are not yet 21 23 years of age and
21who were in foster care when they turned 18 years of age or,
22after reaching 16 years of age, were adopted from foster care or
23placed with a court-approved dependency guardian and have spent
24a minimum of 6 months in foster care within the 12 months
25immediately preceding such placement or adoption, by providing
26services pursuant to subsection (5). Young adults to be served
27must meet the eligibility requirements set forth for specific
28services in this section.
29     (5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER CARE.-
30Based on the availability of funds, the department shall provide
31or arrange for the following services to young adults formerly
32in foster care who meet the prescribed conditions and are
33determined eligible by the department. The department, or a
34community-based care lead agency when the agency is under
35contract with the department to provide the services described
36under this subsection, shall develop a plan to implement those
37services. A plan shall be developed for each community-based
38care service area in the state. Each plan that is developed by a
39community-based care lead agency shall be submitted to the
40department. Each plan shall include the number of young adults
41to be served each month of the fiscal year and specify the
42number of young adults who will reach 18 years of age who will
43be eligible for the plan and the number of young adults who will
44reach 21 23 years of age and will be ineligible for the plan or
45who are otherwise ineligible during each month of the fiscal
46year; staffing requirements and all related costs to administer
47the services and program; expenditures to or on behalf of the
48eligible recipients; costs of services provided to young adults
49through an approved plan for housing, transportation, and
50employment; reconciliation of these expenses and any additional
51related costs with the funds allocated for these services; and
52an explanation of and a plan to resolve any shortages or
53surpluses in order to end the fiscal year with a balanced
54budget. The categories of services available to assist a young
55adult formerly in foster care to achieve independence are:
56     (a)  Aftercare support services.-
57     1.  Aftercare support services are available to assist
58young adults who were formerly in foster care in their efforts
59to continue to develop the skills and abilities necessary for
60independent living. The aftercare support services available
61include, but are not limited to, the following:
62     a.  Mentoring and tutoring.
63     b.  Mental health services and substance abuse counseling.
64     c.  Life skills classes, including credit management and
65preventive health activities.
66     d.  Parenting classes.
67     e.  Job and career skills training.
68     f.  Counselor consultations.
69     g.  Temporary financial assistance.
70     h.  Financial literacy skills training.
71
72The specific services to be provided under this subparagraph
73shall be determined by an aftercare services assessment and may
74be provided by the department or through referrals in the
75community.
76     2.  Temporary assistance provided to prevent homelessness
77shall be provided as expeditiously as possible and within the
78limitations defined by the department.
79     3.  A young adult who has reached 18 years of age but is
80not yet 21 23 years of age who leaves foster care at 18 years of
81age but who requests services prior to reaching 21 23 years of
82age is eligible for such services.
83     (b)  Road-to-Independence Program.-
84     1.  The Road-to-Independence Program is intended to help
85eligible students who are former foster children in this state
86to receive the educational and vocational training needed to
87achieve independence. The amount of the award shall be based on
88the living and educational needs of the young adult and may be
89up to, but may not exceed, the amount of earnings that the
90student would have been eligible to earn working a 40-hour-a-
91week federal minimum wage job.
92     2.  A young adult who has earned a standard high school
93diploma or its equivalent as described in s. 1003.43 or s.
941003.435, has earned a special diploma or special certificate of
95completion as described in s. 1003.438, or has reached 18 years
96of age but is not yet 21 years of age is eligible for the
97initial award, and a young adult under 23 years of age is
98eligible for renewal awards, if he or she:
99     a.  Was a dependent child, under chapter 39, and was living
100in licensed foster care or in subsidized independent living at
101the time of his or her 18th birthday or is currently living in
102licensed foster care or subsidized independent living, or, after
103reaching the age of 16, was adopted from foster care or placed
104with a court-approved dependency guardian and has spent a
105minimum of 6 months in foster care immediately preceding such
106placement or adoption;
107     b.  Spent at least 6 months living in foster care before
108reaching his or her 18th birthday;
109     c.  Is a resident of this state as defined in s. 1009.40;
110and
111     d.  Meets one of the following qualifications:
112     (I)  Has earned a standard high school diploma or its
113equivalent as described in s. 1003.43 or s. 1003.435, or has
114earned a special diploma or special certificate of completion as
115described in s. 1003.438, and has been admitted for full-time
116enrollment in an eligible postsecondary education institution as
117defined in s. 1009.533;
118     (II)  Is enrolled full time in an accredited high school;
119or
120     (III)  Is enrolled full time in an accredited adult
121education program designed to provide the student with a high
122school diploma or its equivalent.
123     3.  A young adult applying for the Road-to-Independence
124Program must apply for any other grants and scholarships for
125which he or she may qualify. The department shall assist the
126young adult in the application process and may use the federal
127financial aid grant process to determine the funding needs of
128the young adult.
129     4.  An award shall be available to a young adult who is
130considered a full-time student or its equivalent by the
131educational institution in which he or she is enrolled, unless
132that young adult has a recognized disability preventing full-
133time attendance. The amount of the award, whether it is being
134used by a young adult working toward completion of a high school
135diploma or its equivalent or working toward completion of a
136postsecondary education program, shall be determined based on an
137assessment of the funding needs of the young adult. This
138assessment must consider the young adult's living and
139educational costs and other grants, scholarships, waivers,
140earnings, and other income to be received by the young adult. An
141award shall be available only to the extent that other grants
142and scholarships are not sufficient to meet the living and
143educational needs of the young adult, but an award may not be
144less than $25 in order to maintain Medicaid eligibility for the
145young adult as provided in s. 409.903.
146     5.  The amount of the award may be disregarded for purposes
147of determining the eligibility for, or the amount of, any other
148federal or federally supported assistance.
149     6.a.  The department must advertise the criteria,
150application procedures, and availability of the program to:
151     (I)  Children and young adults in, leaving, or formerly in
152foster care.
153     (II)  Case managers.
154     (III)  Guidance and family services counselors.
155     (IV)  Principals or other relevant school administrators.
156     (V)  Guardians ad litem.
157     (VI)  Foster parents.
158     b.  The department shall issue awards from the program for
159each young adult who meets all the requirements of the program
160to the extent funding is available.
161     c.  An award shall be issued at the time the eligible
162student reaches 18 years of age.
163     d.  A young adult who is eligible for the Road-to-
164Independence Program, transitional support services, or
165aftercare services and who so desires shall be allowed to reside
166with the licensed foster family or group care provider with whom
167he or she was residing at the time of attaining his or her 18th
168birthday or to reside in another licensed foster home or with a
169group care provider arranged by the department.
170     e.  If the award recipient transfers from one eligible
171institution to another and continues to meet eligibility
172requirements, the award must be transferred with the recipient.
173     f.  Funds awarded to any eligible young adult under this
174program are in addition to any other services or funds provided
175to the young adult by the department through transitional
176support services or aftercare services.
177     g.  The department shall provide information concerning
178young adults receiving funding through the Road-to-Independence
179Program to the Department of Education for inclusion in the
180student financial assistance database, as provided in s.
1811009.94.
182     h.  Funds are intended to help eligible young adults who
183are former foster children in this state to receive the
184educational and vocational training needed to become independent
185and self-supporting. The funds shall be terminated when the
186young adult has attained one of four postsecondary goals under
187subsection (3) or reaches 21 23 years of age, whichever occurs
188earlier. In order to initiate postsecondary education, to allow
189for a change in career goal, or to obtain additional skills in
190the same educational or vocational area, a young adult may earn
191no more than two diplomas, certificates, or credentials. A young
192adult attaining an associate of arts or associate of science
193degree shall be permitted to work toward completion of a
194bachelor of arts or a bachelor of science degree or an
195equivalent undergraduate degree. Road-to-Independence Program
196funds may not be used for education or training after a young
197adult has attained a bachelor of arts or a bachelor of science
198degree or an equivalent undergraduate degree.
199     i.  The department shall evaluate and renew each award
200annually during the 90-day period before the young adult's
201birthday. In order to be eligible for a renewal award for the
202subsequent year, the young adult must:
203     (I)  Complete the number of hours, or the equivalent
204considered full time by the educational institution, unless that
205young adult has a recognized disability preventing full-time
206attendance, in the last academic year in which the young adult
207earned an award, except for a young adult who meets the
208requirements of s. 1009.41.
209     (II)  Maintain appropriate progress as required by the
210educational institution, except that, if the young adult's
211progress is insufficient to renew the award at any time during
212the eligibility period, the young adult may restore eligibility
213by improving his or her progress to the required level.
214     j.  Funds may be terminated during the interim between an
215award and the evaluation for a renewal award if the department
216determines that the award recipient is no longer enrolled in an
217educational institution as defined in sub-subparagraph 2.d., or
218is no longer a state resident. The department shall notify a
219recipient who is terminated and inform the recipient of his or
220her right to appeal.
221     k.  An award recipient who does not qualify for a renewal
222award or who chooses not to renew the award may subsequently
223apply for reinstatement. An application for reinstatement must
224be made before the young adult reaches 21 23 years of age, and a
225student may not apply for reinstatement more than once. In order
226to be eligible for reinstatement, the young adult must meet the
227eligibility criteria and the criteria for award renewal for the
228program.
229     (c)  Transitional support services.-
230     1.  In addition to any services provided through aftercare
231support or the Road-to-Independence Program, a young adult
232formerly in foster care may receive other appropriate short-term
233funding and services, which may include financial, housing,
234counseling, employment, education, mental health, disability,
235and other services, if the young adult demonstrates that the
236services are critical to the young adult's own efforts to
237achieve self-sufficiency and to develop a personal support
238system. The department or community-based care provider shall
239work with the young adult in developing a joint transition plan
240that is consistent with a needs assessment identifying the
241specific need for transitional services to support the young
242adult's own efforts. The young adult must have specific tasks to
243complete or maintain included in the plan and be accountable for
244the completion of or making progress towards the completion of
245these tasks. If the young adult and the department or community-
246based care provider cannot come to agreement regarding any part
247of the plan, the young adult may access a grievance process to
248its full extent in an effort to resolve the disagreement.
249     2.  A young adult formerly in foster care is eligible to
250apply for transitional support services if he or she has reached
25118 years of age but is not yet 21 23 years of age, was a
252dependent child pursuant to chapter 39, was living in licensed
253foster care or in subsidized independent living at the time of
254his or her 18th birthday, and had spent at least 6 months living
255in foster care before that date.
256     3.  If at any time the services are no longer critical to
257the young adult's own efforts to achieve self-sufficiency and to
258develop a personal support system, they shall be terminated.
259     (d)  Payment of aftercare, Road-to-Independence Program, or
260transitional support funds.-
261     1.  Payment of aftercare, Road-to-Independence Program, or
262transitional support funds shall be made directly to the
263recipient unless the recipient requests in writing to the
264community-based care lead agency, or the department, that the
265payments or a portion of the payments be made directly on the
266recipient's behalf in order to secure services such as housing,
267counseling, education, or employment training as part of the
268young adult's own efforts to achieve self-sufficiency.
269     2.  After the completion of aftercare support services that
270satisfy the requirements of sub-subparagraph (a)1.h., payment of
271awards under the Road-to-Independence Program shall be made by
272direct deposit to the recipient, unless the recipient requests
273in writing to the community-based care lead agency or the
274department that:
275     a.  The payments be made directly to the recipient by check
276or warrant;
277     b.  The payments or a portion of the payments be made
278directly on the recipient's behalf to institutions the recipient
279is attending to maintain eligibility under this section; or
280     c.  The payments be made on a two-party check to a business
281or landlord for a legitimate expense, whether reimbursed or not.
282A legitimate expense for the purposes of this sub-subparagraph
283shall include automobile repair or maintenance expenses;
284educational, job, or training expenses; and costs incurred,
285except legal costs, fines, or penalties, when applying for or
286executing a rental agreement for the purposes of securing a home
287or residence.
288     3.  The community-based care lead agency may purchase
289housing, transportation, or employment services to ensure the
290availability and affordability of specific transitional services
291thereby allowing an eligible young adult to utilize these
292services in lieu of receiving a direct payment. Prior to
293purchasing such services, the community-based care lead agency
294must have a plan approved by the department describing the
295services to be purchased, the rationale for purchasing the
296services, and a specific range of expenses for each service that
297is less than the cost of purchasing the service by an individual
298young adult. The plan must include a description of the
299transition of a young adult using these services into
300independence and a timeframe for achievement of independence. An
301eligible young adult who prefers a direct payment shall receive
302such payment. The plan must be reviewed annually and evaluated
303for cost-efficiency and for effectiveness in assisting young
304adults in achieving independence, preventing homelessness among
305young adults, and enabling young adults to earn a livable wage
306in a permanent employment situation.
307     4.  The young adult who resides with a foster family may
308not be included as a child in calculating any licensing
309restriction on the number of children in the foster home.
310     (e)  Appeals process.-
311     1.  The Department of Children and Family Services shall
312adopt by rule a procedure by which a young adult may appeal an
313eligibility determination or the department's failure to provide
314aftercare, Road-to-Independence Program, or transitional support
315services, or the termination of such services, if such funds are
316available.
317     2.  The procedure developed by the department must be
318readily available to young adults, must provide timely
319decisions, and must provide for an appeal to the Secretary of
320Children and Family Services. The decision of the secretary
321constitutes final agency action and is reviewable by the court
322as provided in s. 120.68.
323     Section 2.  Section 415.1114, Florida Statutes, is created
324to read:
325     415.1114  Adult protective investigations; procedures;
326funding.-
327     (1)  The department may transfer all responsibility for
328adult protective investigations to the sheriff of a county in
329which the abuse, neglect, or exploitation of a vulnerable adult
330in need of services is alleged to have occurred. Each sheriff is
331responsible for the provision of adult protective investigations
332in his or her county. An individual who provides these services
333must complete the training required of protective investigators
334employed by the department.
335     (2)  In order to implement the transfer of responsibilities
336for adult protective investigations, the department and a
337sheriff's office shall enter into a contract for the provision
338of these services. Funding for the services shall be
339appropriated to the department and the department shall transfer
340to the respective sheriff's office funding for the investigative
341responsibilities assumed by the sheriffs, including any federal
342funds for which a provider is eligible and agrees to receive and
343that portion of general revenue funds currently designated to
344provide those services, including, but not limited to, funding
345for all investigative positions, training, associated equipment
346and furnishings, and other fixed capital items. The contract
347must specify whether the department will continue to perform any
348adult protective investigations during the initial year and
349specify if services are to be performed by employees of the
350department or by persons appointed by the sheriff.
351     (3)  A sheriff's office that is providing adult protective
352investigations shall operate in accordance with the performance
353standards and outcome measures established by the Legislature
354for protective investigations conducted by the department.
355     (4)  Funds for adult protective investigations must be
356identified in the annual appropriation made to the department,
357which shall award grants for the full amount identified in the
358General Appropriations Act to the respective sheriffs' offices.
359Notwithstanding the provisions of ss. 216.181(16)(b) and
360216.351, the department may advance payments to a sheriff's
361office for adult protective investigations. Funds for adult
362protective investigations may not be integrated into the regular
363budget of the sheriff's office. Budgetary data and other data
364relating to the performance of adult protective investigations
365must be maintained separately from all other records of the
366sheriff's office and reported to the department as specified in
367the grant agreement.
368     (5)  The program performance evaluation shall be based on
369criteria mutually agreed upon by the respective sheriffs'
370offices and the department. The program performance evaluation
371shall be conducted by the adult protective services program in
372collaboration with the respective sheriff's office.
373     Section 3.  This act shall take effect July 1, 2011.


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