HB 1319

1
A bill to be entitled
2An act relating to independent living; amending s. 39.013,
3F.S.; authorizing a child in foster care to petition the
4court to retain jurisdiction of his or her case; limiting
5the court's continued jurisdiction to 1 year after the
6child's 18th birthday; identifying the issues to be
7considered by the court during its continued jurisdiction;
8providing that a judicial review hearing is not required;
9providing an exception; amending s. 39.701, F.S.;
10requiring the Department of Children and Family Services
11to include in its judicial review study report
12verification that the child has been provided with certain
13information about the Road-to-Independence Scholarship
14Program and with notice that court jurisdiction continues
15for a specified period of time; amending s. 409.1451,
16F.S.; authorizing a child who is eligible for the Road-to-
17Independence Scholarship Program to continue to reside
18with a licensed foster family or a group care provider;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Subsection (2) of section 39.013, Florida
24Statutes, is amended to read:
25     39.013  Procedures and jurisdiction; right to counsel.--
26     (2)  The circuit court shall have exclusive original
27jurisdiction of all proceedings under this chapter, of a child
28voluntarily placed with a licensed child-caring agency, a
29licensed child-placing agency, or the department, and of the
30adoption of children whose parental rights have been terminated
31under pursuant to this chapter. Jurisdiction attaches when the
32initial shelter petition, dependency petition, or termination of
33parental rights petition is filed or when a child is taken into
34the custody of the department. The circuit court may assume
35jurisdiction over any such proceeding regardless of whether the
36child was in the physical custody of both parents, was in the
37sole legal or physical custody of only one parent, caregiver, or
38some other person, or was in the physical or legal custody of no
39person when the event or condition occurred that brought the
40child to the attention of the court. When the court obtains
41jurisdiction of any child who has been found to be dependent,
42the court shall retain jurisdiction, unless relinquished by its
43order, until the child reaches 18 years of age. However, the
44juvenile court on its own motion or the child up to his or her
4519th birthday may petition the court to extend its jurisdiction
46under this chapter for a period not to exceed 1 year after the
47child's 18th birthday in order to:
48     (a)  Determine whether a dependent child who was formerly
49in the legal custody of the department immediately before
50becoming an adult received appropriate aftercare support, Road-
51to-Independence Scholarship Program, transitional support,
52mental health, and development disability services to the extent
53otherwise authorized by law. A judicial review hearing is not
54required under this paragraph unless requested by the former
55dependent child or on the court's own motion for good cause
56shown; or
57     (b)  Meet any requirement of federal law with respect to
58the court's ongoing jurisdiction pending the federal
59government's issuance of a Special Immigrant Juvenile Visa to a
60child who was formerly a dependent child.
61     Section 2.  Paragraph (a) of subsection (6) of section
6239.701, Florida Statutes, is amended to read:
63     39.701  Judicial review.--
64     (6)(a)  In addition to the provisions of paragraphs (1)(a)
65and (2)(a), the court shall hold a judicial review hearing
66within 90 days after a child's 17th birthday and shall continue
67to hold timely judicial review hearings. In addition, the court
68may review the status of the child more frequently during the
69year prior to the child's 18th birthday if necessary. At each
70review held under pursuant to this subsection, in addition to
71any information or report provided to the court, the foster
72parent, legal custodian, guardian ad litem, and the child shall
73be given the opportunity to address the court with any
74information relevant to the child's best interests, particularly
75as it relates to the provision of independent living transition
76services. In addition to any information or report provided to
77the court, the department shall include in its judicial review
78social study report written verification that the child:
79     1.  Has been provided with a current Medicaid card.
80     2.  Has been provided with a certified copy of his or her
81birth certificate and, if the child does not have a valid
82driver's license, a Florida identification card issued under
83pursuant to s. 322.051.
84     3.  Has been provided information relating to Social
85Security Insurance benefits if the child is eligible for these
86such benefits. If the child has received these benefits and they
87are being held in trust for the child, a full accounting of
88those funds must shall be provided and the child must be
89informed about how to access those funds.
90     4.  Has been provided with information and training related
91to budgeting skills, interviewing skills, and parenting skills.
92     5.  Has been provided with all relevant information related
93to the Road-to-Independence Scholarship, including, but not
94limited to, eligibility requirements, forms necessary to apply,
95and assistance in completing the forms. The child shall also be
96informed that, if he or she is eligible for the Road-to-
97Independence Scholarship Program, he or she may reside with the
98licensed foster family or group care provider with whom the
99child was residing at the time of attaining his or her 18th
100birthday or may reside in another licensed foster home arranged
101by the department.
102     6.  Has an open bank account, or has identification
103necessary to open such an account, and has been provided with
104essential banking skills.
105     7.  Has been provided with information on public assistance
106and how to apply.
107     8.  Has been provided a clear understanding of where he or
108she will be living on his or her 18th birthday, how living
109expenses will be paid, and what educational program or school he
110or she will be enrolled in.
111     9.  Has been provided with notice of the court's continuing
112jurisdiction for 1 year after the child's 18th birthday as
113specified in s. 39.013(2) and with information on how to obtain
114access to the court.
115     10.  Has had a guardian ad litem appointed by his or her
11617th birthday.
117     Section 3.  Paragraphs (b) and (d) of subsection (5) of
118section 409.1451, Florida Statutes, are amended to read:
119     409.1451  Independent living transition services.--
120     (5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER
121CARE.--Based on the availability of funds, the department shall
122provide or arrange for the following services to young adults
123formerly in foster care who meet the prescribed conditions and
124are determined eligible by the department. The categories of
125services available to assist a young adult formerly in foster
126care to achieve independence are:
127     (b)  Road-to-Independence Scholarship Program.--
128     1.  The Road-to-Independence Scholarship Program is
129intended to help eligible students who are former foster
130children in this state to receive the educational and vocational
131training needed to achieve independence. The amount of the award
132shall be based on the living and educational needs of the young
133adult and may be up to, but may shall not exceed, the amount of
134earnings that the student would have been eligible to earn
135working a 40-hour-a-week federal minimum wage job.
136     2.  A young adult who has reached 18 years of age but is
137not yet 21 years of age is eligible for the initial award, and a
138young adult under 23 years of age is eligible for renewal
139awards, if he or she:
140     a.  Was a dependent child, under pursuant to chapter 39,
141and was living in licensed foster care or in subsidized
142independent living at the time of his or her 18th birthday;
143     b.  Spent at least 6 months living in foster care before
144reaching his or her 18th birthday;
145     c.  Is a resident of this state as defined in s. 1009.40;
146and
147     d.  Meets one of the following qualifications:
148     (I)  Has earned a standard high school diploma or its
149equivalent as described in s. 1003.43 or s. 1003.435, or has
150earned a special diploma or special certificate of completion as
151described in s. 1003.438, and has been admitted for full-time
152enrollment in an eligible postsecondary education institution as
153defined in s. 1009.533;
154     (II)  Is enrolled full time in an accredited high school;
155or
156     (III)  Is enrolled full time in an accredited adult
157education program designed to provide the student with a high
158school diploma or its equivalent.
159     3.  A young adult applying for a Road-to-Independence
160Scholarship must apply for any other grants and scholarships for
161which he or she may qualify. The department shall assist the
162young adult in the application process and may use the federal
163financial aid grant process to determine the funding needs of
164the young adult.
165     4.  The amount of the award, whether it is being used by a
166young adult working toward completion of a high school diploma
167or its equivalent or working toward completion of a
168postsecondary education program, shall be determined based on an
169assessment of the funding needs of the young adult. This
170assessment must shall consider the young adult's living and
171educational costs and other grants, scholarships, waivers,
172earnings, and other income to be received by the young adult. An
173award shall be available only to the extent that other grants
174and scholarships are not sufficient to meet the living and
175educational needs of the young adult, but an award may shall not
176be less than $25 in order to maintain Medicaid eligibility for
177the young adult as provided in s. 409.903.
178     5.a.  The department must advertise the availability of the
179program and must ensure that the children and young adults
180leaving foster care, foster parents, or family services
181counselors are informed of the availability of the program and
182the application procedures.
183     b.  A young adult must apply for the initial award during
184the 6 months immediately preceding his or her 18th birthday, and
185the department shall provide assistance with the application
186process. A young adult who fails to make an initial application,
187but who otherwise meets the criteria for an initial award, may
188make one application for the initial award if the such
189application is made before the young adult's 21st birthday. If
190the young adult does not apply for an initial award before his
191or her 18th birthday, the department shall inform that young
192adult of the opportunity to apply before turning 21 years of
193age.
194     c.  If funding for the program is available, the department
195shall issue awards from the scholarship program for each young
196adult who meets all the requirements of the program.
197     d.  An award shall be issued at the time the eligible
198student reaches 18 years of age.
199     e.  A young adult who is eligible for the Road-to-
200Independence Program and who so desires shall be allowed to
201reside with remain in the licensed foster family or group care
202provider with whom he or she was residing at the time of
203attaining his or her 18th birthday or to reside in another
204licensed foster home arranged by the department.
205     f.  If the award recipient transfers from one eligible
206institution to another and continues to meet eligibility
207requirements, the award must be transferred with the recipient.
208     g.  Scholarship funds awarded to any eligible young adult
209under this program are in addition to any other services
210provided to the young adult by the department through its
211independent living transition services.
212     h.  The department shall provide information concerning
213young adults receiving the Road-to-Independence Scholarship to
214the Department of Education for inclusion in the student
215financial assistance database, as provided in s. 1009.94.
216     i.  Scholarship funds are intended to help eligible
217students who are former foster children in this state to receive
218the educational and vocational training needed to become
219independent and self-supporting. The Such funds shall be
220terminated when the young adult has attained one of four
221postsecondary goals under pursuant to subsection (3) or reaches
22223 years of age, whichever occurs earlier. In order to initiate
223postsecondary education, to allow for a change in career goal,
224or to obtain additional skills in the same educational or
225vocational area, a young adult may earn no more than two
226diplomas, certificates, or credentials. A young adult attaining
227an associate of arts or associate of science degree shall be
228permitted to work toward completion of a bachelor of arts or a
229bachelor of science degree or an equivalent undergraduate
230degree. Road-to-Independence Scholarship funds may shall not be
231used for education or training after a young adult has attained
232a bachelor of arts or a bachelor of science degree or an
233equivalent undergraduate degree.
234     j.  The department shall evaluate and renew each award
235annually during the 90-day period before the young adult's
236birthday. In order to be eligible for a renewal award for the
237subsequent year, the young adult must:
238     (I)  Complete the number of hours, or the equivalent
239considered full time by the educational institution, in the last
240academic year in which the young adult earned a scholarship,
241except for a young adult who meets the requirements of s.
2421009.41.
243     (II)  Maintain appropriate progress as required by the
244educational institution, except that, if the young adult's
245progress is insufficient to renew the scholarship at any time
246during the eligibility period, the young adult may restore
247eligibility by improving his or her progress to the required
248level.
249     k.  Scholarship funds may be terminated during the interim
250between an award and the evaluation for a renewal award if the
251department determines that the award recipient is no longer
252enrolled in an educational institution as defined in sub-
253subparagraph 2.d., or is no longer a state resident. The
254department shall notify a student who is terminated and inform
255the student of his or her right to appeal.
256     l.  An award recipient who does not qualify for a renewal
257award or who chooses not to renew the award may subsequently
258apply for reinstatement. An application for reinstatement must
259be made before the young adult reaches 23 years of age, and a
260student may not apply for reinstatement more than once. In order
261to be eligible for reinstatement, the young adult must meet the
262eligibility criteria and the criteria for award renewal for the
263scholarship program.
264     (d)  Payment of aftercare, scholarship, or transitional
265support funds.--Payment of aftercare, scholarship, or
266transitional support funds shall be made directly to the
267recipient unless the recipient requests in writing to the
268community-based care lead agency, or the department, that the
269payments or a portion of the payments be made directly on the
270recipient's behalf in order to secure services such as housing,
271counseling, education, or employment training as part of the
272young adult's own efforts to achieve self-sufficiency. The young
273adult who resides continues with a foster family may shall not
274be included as a child in calculating any licensing restriction
275on the number of children in the foster home.
276     Section 4.  This act shall take effect July 1, 2005.


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