HB 1319CS

CHAMBER ACTION



1The Civil Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to independent living; amending s. 39.013,
7F.S.; authorizing a child in foster care to petition the
8court to retain jurisdiction of his or her case; limiting
9the court's continued jurisdiction to 1 year after the
10child's 18th birthday; identifying the issues to be
11considered by the court during its continued jurisdiction;
12providing that a judicial review hearing is not required;
13providing an exception; amending s. 39.701, F.S.;
14requiring the Department of Children and Family Services
15to include in its judicial review study report
16verification that the child has been provided with certain
17information about the Road-to-Independence Scholarship
18Program and with notice that court jurisdiction continues
19for a specified period of time; amending s. 409.1451,
20F.S.; authorizing a child who is eligible for the Road-to-
21Independence Scholarship Program to continue to reside
22with a licensed foster family or a group care provider;
23requiring the department to track children over age 14 in
24the custody of the department; requiring a report to the
25Legislature; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Subsection (2) of section 39.013, Florida
30Statutes, is amended to read:
31     39.013  Procedures and jurisdiction; right to counsel.--
32     (2)  The circuit court shall have exclusive original
33jurisdiction of all proceedings under this chapter, of a child
34voluntarily placed with a licensed child-caring agency, a
35licensed child-placing agency, or the department, and of the
36adoption of children whose parental rights have been terminated
37under pursuant to this chapter. Jurisdiction attaches when the
38initial shelter petition, dependency petition, or termination of
39parental rights petition is filed or when a child is taken into
40the custody of the department. The circuit court may assume
41jurisdiction over any such proceeding regardless of whether the
42child was in the physical custody of both parents, was in the
43sole legal or physical custody of only one parent, caregiver, or
44some other person, or was in the physical or legal custody of no
45person when the event or condition occurred that brought the
46child to the attention of the court. When the court obtains
47jurisdiction of any child who has been found to be dependent,
48the court shall retain jurisdiction, unless relinquished by its
49order, until the child reaches 18 years of age. However, the
50dependency court on its own motion or the child or young adult
51until his or her 19th birthday may petition the court to extend
52its jurisdiction under this chapter for a period not to exceed 1
53year after the child's 18th birthday in order to:
54     (a)  Determine whether a dependent child or young adult who
55was formerly in the legal custody of the department immediately
56before becoming an adult received appropriate counseling and
57that aftercare support, Road-to-Independence Scholarship
58Program, transitional support, mental health, and developmental
59disability services were available until the child's 18th
60birthday to the extent otherwise authorized by law. A judicial
61review hearing is not required under this paragraph unless
62requested by the former dependent child or on the court's own
63motion for good cause shown; or
64     (b)  Meet any requirement of federal law with respect to
65the court's ongoing jurisdiction pending the federal
66government's issuance of a Special Immigrant Juvenile Visa to a
67child who was formerly a dependent child.
68     Section 2.  Paragraph (a) of subsection (6) of section
6939.701, Florida Statutes, is amended to read:
70     39.701  Judicial review.--
71     (6)(a)  In addition to the provisions of paragraphs (1)(a)
72and (2)(a), the court shall hold a judicial review hearing
73within 90 days after a child's 17th birthday and shall continue
74to hold timely judicial review hearings. In addition, the court
75may review the status of the child more frequently during the
76year prior to the child's 18th birthday if necessary. At each
77review held under pursuant to this subsection, in addition to
78any information or report provided to the court, the foster
79parent, legal custodian, guardian ad litem, and the child shall
80be given the opportunity to address the court with any
81information relevant to the child's best interests, particularly
82as it relates to the provision of independent living transition
83services. In addition to any information or report provided to
84the court, the department shall include in its judicial review
85social study report written verification that the child:
86     1.  Has been provided with a current Medicaid card.
87     2.  Has been provided with a certified copy of his or her
88birth certificate and, if the child does not have a valid
89driver's license, a Florida identification card issued under
90pursuant to s. 322.051.
91     3.  Has been provided information relating to Social
92Security Insurance benefits if the child is eligible for these
93such benefits. If the child has received these benefits and they
94are being held in trust for the child, a full accounting of
95those funds must shall be provided and the child must be
96informed about how to access those funds.
97     4.  Has been provided with information and training related
98to budgeting skills, interviewing skills, and parenting skills.
99     5.  Has been provided with all relevant information related
100to the Road-to-Independence Scholarship, including, but not
101limited to, eligibility requirements, forms necessary to apply,
102and assistance in completing the forms. The child shall also be
103informed that, if he or she is eligible for the Road-to-
104Independence Scholarship Program, he or she may reside with the
105licensed foster family or group care provider with whom the
106child was residing at the time of attaining his or her 18th
107birthday or may reside in another licensed foster home arranged
108by the department, if available.
109     6.  Has an open bank account, or has identification
110necessary to open such an account, and has been provided with
111essential banking skills.
112     7.  Has been provided with information on public assistance
113and how to apply.
114     8.  Has been provided a clear understanding of where he or
115she will be living on his or her 18th birthday, how living
116expenses will be paid, and what educational program or school he
117or she will be enrolled in.
118     9.  Has been provided with notice that the young adult, or
119the court on its own motion, may extend the court's jurisdiction
120for 1 year after the child's 18th birthday as specified in s.
12139.013(2) and with information on how to obtain access to the
122court.
123     10.  Has had a guardian ad litem appointed by his or her
12417th birthday, if available.
125     11.  Has been encouraged to attend all judicial review
126hearings occurring after his or her 17th birthday.
127     Section 3.  Paragraphs (b) and (d) of subsection (5) of
128section 409.1451, Florida Statutes, are amended to read:
129     409.1451  Independent living transition services.--
130     (5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER
131CARE.--Based on the availability of funds, the department shall
132provide or arrange for the following services to young adults
133formerly in foster care who meet the prescribed conditions and
134are determined eligible by the department. The categories of
135services available to assist a young adult formerly in foster
136care to achieve independence are:
137     (b)  Road-to-Independence Scholarship Program.--
138     1.  The Road-to-Independence Scholarship Program is
139intended to help eligible students who are former foster
140children in this state to receive the educational and vocational
141training needed to achieve independence. The amount of the award
142shall be based on the living and educational needs of the young
143adult and may be up to, but may shall not exceed, the amount of
144earnings that the student would have been eligible to earn
145working a 40-hour-a-week federal minimum wage job.
146     2.  A young adult who has reached 18 years of age but is
147not yet 21 years of age is eligible for the initial award, and a
148young adult under 23 years of age is eligible for renewal
149awards, if he or she:
150     a.  Was a dependent child, under pursuant to chapter 39,
151and was living in licensed foster care or in subsidized
152independent living at the time of his or her 18th birthday;
153     b.  Spent at least 6 months living in foster care before
154reaching his or her 18th birthday;
155     c.  Is a resident of this state as defined in s. 1009.40;
156and
157     d.  Meets one of the following qualifications:
158     (I)  Has earned a standard high school diploma or its
159equivalent as described in s. 1003.43 or s. 1003.435, or has
160earned a special diploma or special certificate of completion as
161described in s. 1003.438, and has been admitted for full-time
162enrollment in an eligible postsecondary education institution as
163defined in s. 1009.533;
164     (II)  Is enrolled full time in an accredited high school;
165or
166     (III)  Is enrolled full time in an accredited adult
167education program designed to provide the student with a high
168school diploma or its equivalent.
169     3.  A young adult applying for a Road-to-Independence
170Scholarship must apply for any other grants and scholarships for
171which he or she may qualify. The department shall assist the
172young adult in the application process and may use the federal
173financial aid grant process to determine the funding needs of
174the young adult.
175     4.  The amount of the award, whether it is being used by a
176young adult working toward completion of a high school diploma
177or its equivalent or working toward completion of a
178postsecondary education program, shall be determined based on an
179assessment of the funding needs of the young adult. This
180assessment must shall consider the young adult's living and
181educational costs and other grants, scholarships, waivers,
182earnings, and other income to be received by the young adult. An
183award shall be available only to the extent that other grants
184and scholarships are not sufficient to meet the living and
185educational needs of the young adult, but an award may shall not
186be less than $25 in order to maintain Medicaid eligibility for
187the young adult as provided in s. 409.903.
188     5.a.  The department must advertise the availability of the
189program and must ensure that the children and young adults
190leaving foster care, foster parents, or family services
191counselors are informed of the availability of the program and
192the application procedures.
193     b.  A young adult must apply for the initial award during
194the 6 months immediately preceding his or her 18th birthday, and
195the department shall provide assistance with the application
196process. A young adult who fails to make an initial application,
197but who otherwise meets the criteria for an initial award, may
198make one application for the initial award if the such
199application is made before the young adult's 21st birthday. If
200the young adult does not apply for an initial award before his
201or her 18th birthday, the department shall inform that young
202adult of the opportunity to apply before turning 21 years of
203age.
204     c.  If funding for the program is available, the department
205shall issue awards from the scholarship program for each young
206adult who meets all the requirements of the program.
207     d.  An award shall be issued at the time the eligible
208student reaches 18 years of age.
209     e.  A young adult who is eligible for the Road-to-
210Independence Program and who so desires shall be allowed to
211reside with remain in the licensed foster family or group care
212provider with whom he or she was residing at the time of
213attaining his or her 18th birthday or to reside in another
214licensed foster home arranged by the department, if available.
215     f.  If the award recipient transfers from one eligible
216institution to another and continues to meet eligibility
217requirements, the award must be transferred with the recipient.
218     g.  Scholarship funds awarded to any eligible young adult
219under this program are in addition to any other services
220provided to the young adult by the department through its
221independent living transition services.
222     h.  The department shall provide information concerning
223young adults receiving the Road-to-Independence Scholarship to
224the Department of Education for inclusion in the student
225financial assistance database, as provided in s. 1009.94.
226     i.  Scholarship funds are intended to help eligible
227students who are former foster children in this state to receive
228the educational and vocational training needed to become
229independent and self-supporting. The Such funds shall be
230terminated when the young adult has attained one of four
231postsecondary goals under pursuant to subsection (3) or reaches
23223 years of age, whichever occurs earlier. In order to initiate
233postsecondary education, to allow for a change in career goal,
234or to obtain additional skills in the same educational or
235vocational area, a young adult may earn no more than two
236diplomas, certificates, or credentials. A young adult attaining
237an associate of arts or associate of science degree shall be
238permitted to work toward completion of a bachelor of arts or a
239bachelor of science degree or an equivalent undergraduate
240degree. Road-to-Independence Scholarship funds may shall not be
241used for education or training after a young adult has attained
242a bachelor of arts or a bachelor of science degree or an
243equivalent undergraduate degree.
244     j.  The department shall evaluate and renew each award
245annually during the 90-day period before the young adult's
246birthday. In order to be eligible for a renewal award for the
247subsequent year, the young adult must:
248     (I)  Complete the number of hours, or the equivalent
249considered full time by the educational institution, in the last
250academic year in which the young adult earned a scholarship,
251except for a young adult who meets the requirements of s.
2521009.41.
253     (II)  Maintain appropriate progress as required by the
254educational institution, except that, if the young adult's
255progress is insufficient to renew the scholarship at any time
256during the eligibility period, the young adult may restore
257eligibility by improving his or her progress to the required
258level.
259     k.  Scholarship funds may be terminated during the interim
260between an award and the evaluation for a renewal award if the
261department determines that the award recipient is no longer
262enrolled in an educational institution as defined in sub-
263subparagraph 2.d., or is no longer a state resident. The
264department shall notify a student who is terminated and inform
265the student of his or her right to appeal.
266     l.  An award recipient who does not qualify for a renewal
267award or who chooses not to renew the award may subsequently
268apply for reinstatement. An application for reinstatement must
269be made before the young adult reaches 23 years of age, and a
270student may not apply for reinstatement more than once. In order
271to be eligible for reinstatement, the young adult must meet the
272eligibility criteria and the criteria for award renewal for the
273scholarship program.
274     (d)  Payment of aftercare, scholarship, or transitional
275support funds.--Payment of aftercare, scholarship, or
276transitional support funds shall be made directly to the
277recipient unless the recipient requests in writing to the
278community-based care lead agency, or the department, that the
279payments or a portion of the payments be made directly on the
280recipient's behalf in order to secure services such as housing,
281counseling, education, or employment training as part of the
282young adult's own efforts to achieve self-sufficiency. The young
283adult who resides continues with a foster family may shall not
284be included as a child in calculating any licensing restriction
285on the number of children in the foster home.
286     Section 4.  The Department of Children and Family Services
287shall submit a report to the Governor, the President of the
288Senate, and the Speaker of the House of Representatives that
289tracks the children who are in the custody of the department,
290starting at age 14, and provide the following information,
291including, but not limited to: whether the child received
292independent living transition services, the date of appointment
293and duration of the guardian ad litem's representation, if any,
294of the child, and whether there was an extension of jurisdiction
295after the child's 18th birthday.
296     Section 5.  This act shall take effect July 1, 2005.


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