Senate Bill sb2460c1

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    Florida Senate - 2003                           CS for SB 2460

    By the Committee on Children and Families; and Senator
    Campbell




    300-2404-03

  1                      A bill to be entitled

  2         An act relating to independent living

  3         transition services; amending s. 409.1451,

  4         F.S.; requiring each district of the Department

  5         of Children and Family Services to identify

  6         adolescent foster children with developmental

  7         disabilities or special mental health needs;

  8         requiring the program to provide former foster

  9         youth having disabilities with activities to

10         learn life skills; revising eligibility

11         requirements for participation in the

12         Road-to-Independence Scholarship Program and

13         transitional support services; providing for

14         young adults to continue in foster care in lieu

15         of a Road-to-Independence Scholarship;

16         providing an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Subsections (1) and (4) and paragraphs (b)

21  and (c) of subsection (5) of section 409.1451, Florida

22  Statutes, are amended to read:

23         409.1451  Independent living transition services.--

24         (1)  SYSTEM OF SERVICES.--

25         (a)  The Department of Children and Family Services or

26  its agents shall administer a system of independent living

27  transition services to enable older children in foster care

28  and young adults who exit foster care at age 18 to make the

29  transition to self-sufficiency as adults.

30         (b)  The goals of independent living transition

31  services are to assist older children in foster care and young

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    Florida Senate - 2003                           CS for SB 2460
    300-2404-03




 1  adults who were formerly in foster care to obtain life skills

 2  and education for independent living and employment, to have a

 3  quality of life appropriate for their age, and to assume

 4  personal responsibility for becoming self-sufficient adults.

 5         (c)  Each district of the Department of Children and

 6  Family Services shall identify adolescent foster youth with

 7  developmental disabilities or special mental health needs. The

 8  department shall work with these foster youth to help them

 9  make the transition to self-sufficiency and shall assist the

10  youth and young adults with reasonable accommodations for

11  their disabilities. The department shall assist the youth with

12  accessing support and funding from other sources, such as the

13  department's Developmental Disabilities Office and the

14  department's Mental Health Office. The department shall

15  coordinate the independent living plan for a youth with the

16  school's individual education plan for a child who is in a

17  special education program. The department shall give special

18  attention to 17-year-old foster children residing at

19  residential treatment facilities, therapeutic foster homes, or

20  other mental health placements who face a particularly

21  difficult transition to living as adults in the community.

22         (d)(c)  State funds for foster care or federal funds

23  shall be used to establish a continuum of services for

24  eligible children in foster care and eligible young adults who

25  were formerly in foster care which accomplish the goals for

26  the independent living transition services and provide the

27  service components for services for foster children, as

28  provided in subsection (3), and services for young adults who

29  were formerly in foster care, as provided in subsection (5).

30         (e)(d)  For children in foster care, independent living

31  transition services are not an alternative to adoption.

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    Florida Senate - 2003                           CS for SB 2460
    300-2404-03




 1  Independent living transition services may occur concurrently

 2  with continued efforts to locate and achieve placement in

 3  adoptive families for older children in foster care.

 4         (4)  PARTICIPATION IN LIFE SKILLS ACTIVITIES.--In order

 5  to assist older children in foster care, ages 13 to 18 years

 6  of age, and former foster youth with disabilities, ages 18 to

 7  23 years, with the transition to independent living as adults,

 8  the program must provide them with opportunities to

 9  participate in and learn from life skills activities in their

10  foster families and communities which are reasonable and

11  appropriate for their age. Such activities may include, but

12  are not limited to, managing money earned from a job, taking

13  driver's education, and participating in after-school or

14  extracurricular activities. To support these opportunities for

15  participation in age-appropriate life skills activities, the

16  department may:

17         (a)  Develop, with children in the program and their

18  foster parents, a list of age-appropriate activities and

19  responsibilities to be presented to all children involved in

20  independent living transition services and their foster

21  parents.

22         (b)  Provide training for staff and foster parents

23  which addresses issues of older children in foster care and

24  the transition to adulthood, including supporting education

25  and employment and providing opportunities to participate in

26  appropriate daily activities.

27         (c)  Develop procedures to maximize the authority of

28  foster parents to approve participation in age-appropriate

29  activities of children in their care.

30         (d)  Provide opportunities for older children in foster

31  care to interact with mentors.

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    Florida Senate - 2003                           CS for SB 2460
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 1         (e)  Develop and implement procedures for older

 2  children to directly access and manage the personal allowance

 3  they receive from the department in order to learn

 4  responsibility and participate in age-appropriate life skills

 5  activities to the extent feasible.

 6         (5)  PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS

 7  FORMERLY IN FOSTER CARE.--Based on the availability of funds,

 8  the department shall provide or arrange for the following

 9  services to young adults formerly in foster care who meet the

10  prescribed conditions and are determined eligible by the

11  department. The categories of services available to assist a

12  young adult formerly in foster care to achieve independence

13  are:

14         (b)  Road-to-Independence Scholarship Program.--

15         1.  The Road-to-Independence Scholarship Program is

16  intended to help eligible students who are former foster

17  children in this state to receive the educational and

18  vocational training needed to achieve independence. The amount

19  of the award shall equal the earnings that the student would

20  have been eligible to earn working a 40-hour-a-week federal

21  minimum wage job, after considering other grants and

22  scholarships that are in excess of the educational

23  institutions' fees and costs, and contingent upon available

24  funds. Students eligible for the Road-to-Independence

25  Scholarship Program may also be eligible for educational fee

26  waivers for workforce development postsecondary programs,

27  community colleges, and universities, pursuant to s.

28  1009.25(2)(c).

29         2.  A young adult 18 to 23 21 years of age is eligible

30  for the initial award, and a young adult under 23 years of age

31  is eligible for renewal awards, if he or she:

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    Florida Senate - 2003                           CS for SB 2460
    300-2404-03




 1         a.  Is a dependent child, pursuant to chapter 39, and

 2  has lived is living in licensed foster care or in subsidized

 3  independent living within 6 months at the time of his or her

 4  18th birthday;

 5         b.  Has spent at least 6 months living in foster care

 6  before reaching his or her 18th birthday;

 7         c.  Is a resident of this state as defined in s.

 8  1009.40; and

 9         d.  Meets one of the following qualifications:

10         (I)  Has earned a standard high school diploma or its

11  equivalent as described in s. 1003.425 or s. 1003.43, and has

12  been admitted for full-time enrollment in an eligible

13  postsecondary education institution as defined in s. 1009.533;

14         (II)  Is enrolled full time in an accredited high

15  school, is within 2 years of graduation, and has maintained a

16  grade point average of at least 2.0 on a scale of 4.0 for the

17  two semesters preceding the date of his or her 18th birthday

18  or, in the case of a student in a special education program in

19  an accredited high school, has met the minimum grade point

20  average required by that program to graduate; or

21         (III)  Is enrolled full time in an accredited adult

22  education program or high school equivalency diploma program

23  designed to provide the student with a high school diploma or

24  its equivalent, is making satisfactory progress in that

25  program as certified by the program, and is within 2 years of

26  attaining a high school diploma or its equivalent graduation.

27         3.a.  The department must advertise the availability of

28  the program and must ensure that the children and young adults

29  leaving foster care, foster parents, or family services

30  counselors are informed of the availability of the program and

31  the application procedures.

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    Florida Senate - 2003                           CS for SB 2460
    300-2404-03




 1         b.  A young adult must apply for the initial award

 2  during the 6 months immediately preceding his or her 18th

 3  birthday. A young adult who fails to make an initial

 4  application, but who otherwise meets the criteria for an

 5  initial award, may make one application for the initial award

 6  if such application is made before the young adult's 21st

 7  birthday.

 8         c.  If funding for the program is available, the

 9  department shall issue awards from the scholarship program for

10  each young adult who meets all the requirements of the

11  program.

12         d.  An award shall be issued at the time the eligible

13  student reaches 18 years of age.

14         e.  If the award recipient transfers from one eligible

15  institution to another and continues to meet eligibility

16  requirements, the award must be transferred with the

17  recipient.

18         f.  Scholarship funds awarded to any eligible young

19  adult under this program are in addition to any other services

20  provided to the young adult by the department through its

21  independent living transition services.

22         g.  The department shall provide information concerning

23  young adults receiving the Road-to-Independence Scholarship to

24  the Department of Education for inclusion in the student

25  financial assistance database, as provided in s. 1009.94.

26         h.  Scholarship funds shall be terminated when the

27  young adult has attained a bachelor of arts or bachelor of

28  science degree, or equivalent undergraduate degree, or reaches

29  23 years of age, whichever occurs earlier.

30         i.  The department shall evaluate and renew each award

31  annually during the 90-day period before the young adult's

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    Florida Senate - 2003                           CS for SB 2460
    300-2404-03




 1  birthday. In order to be eligible for a renewal award for the

 2  subsequent year, the young adult must:

 3         (I)  Complete at least 12 semester hours or the

 4  equivalent in the last academic year in which the young adult

 5  earned a scholarship, except for a young adult who meets the

 6  requirements of s. 1009.41.

 7         (II)  Maintain the cumulative grade point average

 8  required by the scholarship program, except that, if the young

 9  adult's grades are insufficient to renew the scholarship at

10  any time during the eligibility period, the young adult may

11  restore eligibility by improving the grade point average to

12  the required level.

13         j.  Scholarship funds may be terminated during the

14  interim between an award and the evaluation for a renewal

15  award if the department determines that the award recipient is

16  no longer enrolled in an educational institution as defined in

17  sub-subparagraph 2.d., or is no longer a state resident. The

18  department shall notify a student who is terminated and inform

19  the student of his or her right to appeal.

20         k.  An award recipient who does not qualify for a

21  renewal award or who chooses not to renew the award may

22  subsequently apply for reinstatement. An application for

23  reinstatement must be made before the young adult reaches 23

24  years of age, and a student may not apply for reinstatement

25  more than once. In order to be eligible for reinstatement, the

26  young adult must meet the eligibility criteria and the

27  criteria for award renewal for the scholarship program.

28         4.  A young adult who is eligible for the

29  Road-to-Independence Scholarship may, in lieu of the

30  scholarship award, choose to remain in foster care and

31  continue to receive the services of the children's foster care

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    Florida Senate - 2003                           CS for SB 2460
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 1  program for as long as the young adult continues to qualify

 2  for the Road-to-Independence Scholarship.

 3         l.  A young adult receiving continued services of the

 4  foster care program under former s. 409.145(3) must transfer

 5  to the scholarship program by July 1, 2003.

 6         (c)  Transitional support services.--

 7         1.  In addition to any services provided through after

 8  care support or the Road-to-Independence Scholarship, a young

 9  adult formerly in foster care, may receive other appropriate

10  short-term services, which may include financial, housing,

11  counseling, employment, education and other services, if the

12  young adult demonstrates that the services are critical to the

13  young adult's own efforts to achieve self-sufficiency and to

14  develop a personal support system.

15         2.  A young adult formerly in foster care is eligible

16  to apply for transitional support services if he or she is 18

17  to 23 years of age, was a dependent child pursuant to chapter

18  39, was living in licensed foster care or in subsidized

19  independent living within 6 months at the time of his or her

20  18th birthday, and had spent at least 6 months living in

21  foster care before that date.

22         3.  If at any time the services are no longer critical

23  to the young adult's own efforts to achieve self-sufficiency

24  and to develop a personal support system, they shall be

25  terminated.

26         Section 2.  This act shall take effect October 1, 2003.

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    Florida Senate - 2003                           CS for SB 2460
    300-2404-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2460

 3                                 

 4  
    Broadens the responsibility to assist adolescent foster
 5  children with developmental disabilities and special mental
    health needs to apply to the department, not just the
 6  independent living counselors, and removes the requirement
    that the independent living counselors receive special
 7  training.

 8  Removes the inclusion of the young adults 18 to 23 years of
    age who are in special education, in a high school equivalency
 9  diploma program, or in an adult education program from the
    eligibility definition for the services available for older
10  foster children.

11  Replaces the 18 to 23 year olds in special education, in a
    high school equivalency diploma program, and in adult
12  education with former foster youth with disabilities ages 18
    to 23 years in the department's directive to provide
13  opportunities to participate in life skills activities.

14  Replaces the requirement that young adults receiving foster
    care services be transferred to the Road to Independence
15  Scholarship program with permitting these young adults to
    continue to receive the foster care services in lieu of the
16  scholarship award.

17  Removes the requirement that all young adults formerly in
    foster care who are eligible for transitional support services
18  be eligible for Medicaid coverage through age 23.

19  Extends the implementation date from July 1, 2003, to October
    1, 2003.
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