HB 7173

1	A bill to be entitled
2	An act relating to the welfare of children; amending s.
3	39.001, F.S.; providing additional purposes of ch. 39,
4	F.S.; revising legislative intent; creating the Office of
5	Child Abuse Prevention within the Executive Office of the
6	Governor; directing the Governor to appoint a director of
7	the office; providing duties and responsibilities of the
8	director; providing procedures for evaluation of child
9	abuse prevention programs; requiring a report to the
10	Governor, Legislature, secretaries of certain state
11	agencies, and certain committees of the Legislature;
12	providing for information to be included in the report;
13	providing for the development and implementation of a
14	state plan for the coordination of child abuse prevention
15	programs and services; establishing a Child Abuse
16	Prevention Advisory Council; providing for membership,
17	duties, and responsibilities; requiring requests for
18	funding to be based on the state plan; providing for
19	review and revision of the state plan; granting rulemaking
20	authority to the Executive Office of the Governor;
21	requiring the Legislature to evaluate the office by a
22	specified date; amending s. 39.0014, F.S.; providing
23	responsibilities of the office under ch. 39, F.S.;
24	amending s. 39.01, F.S.; providing and revising
25	definitions; amending s. 39.202, F.S.; providing access to
26	records for agencies that provide early intervention and
27	prevention services; amending ss. 39.0015, 39.013, and
28	39.302, F.S.; conforming cross-references and terminology;
29	amending s. 39.701, F.S.; requiring the court to issue an
30	order that is separate from other judicial review orders;
31	amending s. 402.164, F.S.; establishing legislative intent
32	for the statewide and local advocacy councils; revising a
33	definition; amending s. 402.165, F.S.; providing for
34	termination of members of the statewide council; providing
35	guidelines for selection of the executive director of the
36	Florida Statewide Advocacy Council; establishing a process
37	for investigating reports of abuse; revising council
38	meeting requirements; providing requirements for
39	interagency agreements; requiring interagency agreements
40	to be renewed annually and submitted to the Governor by a
41	specified date; providing additional requirements for the
42	statewide council to petition the circuit court for access
43	to certain records; amending s. 409.1451, F.S., relating
44	to independent living transition services; revising
45	eligibility requirements for certain young adults;
46	revising duties of the Department of Children and Family
47	Services regarding independent living transition services;
48	including additional parties in the review of a child's
49	academic performance; requiring the department or a
50	community-based care lead agency under contract with the
51	department to develop a plan for delivery of such
52	services; requiring additional aftercare support services;
53	providing additional qualifications to receive an award
54	under the Road-to-Independence Program; deleting certain
55	time restrictions for submitting applications; providing
56	procedures for the payment of awards; requiring
57	collaboration between certain parties in the development
58	of a plan regarding the provision of transitional
59	services; requiring a community-based care lead agency to
60	develop a plan for purchase and delivery of such services
61	and requiring department approval prior to implementation;
62	requiring the department to submit a report annually to
63	the Legislature on performance, oversight, and rule
64	development; permitting the Independent Living Services
65	Advisory Council to have access to certain data held by
66	the department and certain agencies; amending s. 409.175,
67	F.S.; revising the definition of the term "boarding
68	school" to require such schools to meet certain standards
69	within a specified timeframe; amending s. 409.903, F.S.;
70	providing eligibility criteria for certain persons to
71	qualify for medical assistance payments; creating s.
72	743.045, F.S.; removing the disability of nonage for
73	certain youth in the legal custody of the Department of
74	Children and Family Services; amending s. 1009.25, F.S.;
75	providing additional criteria for a student to qualify for
76	an exemption from certain tuition and fees; providing a
77	contingent effective date.
78
79	Be It Enacted by the Legislature of the State of Florida:
80
81	Section 1.  Subsections (1) and (6) of section 39.001,
82	Florida Statutes, are amended, subsections (7) and (8) are
83	renumbered as subsections (8) and (9) and amended, present
84	subsection (9) is renumbered as subsection (10), and new
85	subsections (7), (11), and (12) are added to that section, to
86	read:
87	39.001  Purposes and intent; personnel standards and
88	screening.--
89	(1)  PURPOSES OF CHAPTER.--The purposes of this chapter
90	are:
91	(a)  To provide for the care, safety, and protection of
92	children in an environment that fosters healthy social,
93	emotional, intellectual, and physical development; to ensure
94	secure and safe custody; and to promote the health and well-
95	being of all children under the state's care; and to prevent the
96	occurrence of child abuse, neglect, and abandonment.
97	(b)  To recognize that most families desire to be competent
98	caregivers and providers for their children and that children
99	achieve their greatest potential when families are able to
100	support and nurture the growth and development of their
101	children. Therefore, the Legislature finds that policies and
102	procedures that provide for prevention and intervention through
103	the department's child protection system should be based on the
104	following principles:
105	1.  The health and safety of the children served shall be
106	of paramount concern.
107	2.  The prevention and intervention should engage families
108	in constructive, supportive, and nonadversarial relationships.
109	3.  The prevention and intervention should intrude as
110	little as possible into the life of the family, be focused on
111	clearly defined objectives, and take the most parsimonious path
112	to remedy a family's problems.
113	4.  The prevention and intervention should be based upon
114	outcome evaluation results that demonstrate success in
115	protecting children and supporting families.
116	(c)  To provide a child protection system that reflects a
117	partnership between the department, other agencies, and local
118	communities.
119	(d)  To provide a child protection system that is sensitive
120	to the social and cultural diversity of the state.
121	(e)  To provide procedures which allow the department to
122	respond to reports of child abuse, abandonment, or neglect in
123	the most efficient and effective manner that ensures the health
124	and safety of children and the integrity of families.
125	(f)  To preserve and strengthen the child's family ties
126	whenever possible, removing the child from parental custody only
127	when his or her welfare cannot be adequately safeguarded without
128	such removal.
129	(g)  To ensure that the parent or legal custodian from
130	whose custody the child has been taken assists the department to
131	the fullest extent possible in locating relatives suitable to
132	serve as caregivers for the child.
133	(h)  To ensure that permanent placement with the biological
134	or adoptive family is achieved as soon as possible for every
135	child in foster care and that no child remains in foster care
136	longer than 1 year.
137	(i)  To secure for the child, when removal of the child
138	from his or her own family is necessary, custody, care, and
139	discipline as nearly as possible equivalent to that which should
140	have been given by the parents; and to ensure, in all cases in
141	which a child must be removed from parental custody, that the
142	child is placed in an approved relative home, licensed foster
143	home, adoptive home, or independent living program that provides
144	the most stable and potentially permanent living arrangement for
145	the child, as determined by the court. All placements shall be
146	in a safe environment where drugs and alcohol are not abused.
147	(j)  To ensure that, when reunification or adoption is not
148	possible, the child will be prepared for alternative permanency
149	goals or placements, to include, but not be limited to, long-
150	term foster care, independent living, custody to a relative on a
151	permanent basis with or without legal guardianship, or custody
152	to a foster parent or legal custodian on a permanent basis with
153	or without legal guardianship.
154	(k)  To make every possible effort, when two or more
155	children who are in the care or under the supervision of the
156	department are siblings, to place the siblings in the same home;
157	and in the event of permanent placement of the siblings, to
158	place them in the same adoptive home or, if the siblings are
159	separated, to keep them in contact with each other.
160	(l)  To provide judicial and other procedures to assure due
161	process through which children, parents, and guardians and other
162	interested parties are assured fair hearings by a respectful and
163	respected court or other tribunal and the recognition,
164	protection, and enforcement of their constitutional and other
165	legal rights, while ensuring that public safety interests and
166	the authority and dignity of the courts are adequately
167	protected.
168	(m)  To ensure that children under the jurisdiction of the
169	courts are provided equal treatment with respect to goals,
170	objectives, services, and case plans, without regard to the
171	location of their placement. It is the further intent of the
172	Legislature that, when children are removed from their homes,
173	disruption to their education be minimized to the extent
174	possible.
175	(n)  To create and maintain an integrated prevention
176	framework that enables local communities, state agencies, and
177	organizations to collaborate to implement efficient and properly
178	applied evidence-based child abuse prevention practices.
179	(6)  LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
180	ABANDONMENT, AND NEGLECT OF CHILDREN.--The incidence of known
181	child abuse, abandonment, and neglect has increased rapidly over
182	the past 5 years. The impact that abuse, abandonment, or neglect
183	has on the victimized child, siblings, family structure, and
184	inevitably on all citizens of the state has caused the
185	Legislature to determine that the prevention of child abuse,
186	abandonment, and neglect shall be a priority of this state. To
187	further this end, it is the intent of the Legislature that an
188	Office of Child Abuse Prevention be established a comprehensive
189	approach for the prevention of abuse, abandonment, and neglect
190	of children be developed for the state and that this planned,
191	comprehensive approach be used as a basis for funding.
192	(7)  OFFICE OF CHILD ABUSE PREVENTION.--
193	(a)  For purposes of establishing a comprehensive statewide
194	approach for the prevention of child abuse, abandonment, and
195	neglect, the Office of Child Abuse Prevention is created within
196	the Executive Office of the Governor. The Governor shall appoint
197	a director for the office who shall be subject to confirmation
198	by the Senate.
199	(b)  The director shall:
200	1.  Assist in developing rules pertaining to implementation
201	of child abuse prevention efforts.
202	2.  Act as the Governor's liaison with state agencies,
203	other state governments, and the public and private sectors on
204	matters that relate to child abuse prevention.
205	3.  Work to secure funding and other support for the
206	state's child abuse prevention efforts, including, but not
207	limited to, establishing cooperative relationships among state
208	and private agencies.
209	4.  Develop a strategic program and funding initiative that
210	links the separate jurisdictional activities of state agencies
211	with respect to child abuse prevention. The office may designate
212	lead and contributing agencies to develop such initiatives.
213	5.  Advise the Governor and the Legislature on child abuse
214	trends in this state, the status of current child abuse
215	prevention programs and services, the funding of those programs
216	and services, and the status of the office with regard to the
217	development and implementation of the state child abuse
218	prevention strategy.
219	6.  Develop child abuse prevention public awareness
220	campaigns to be implemented throughout the state.
221	(c)  The office is authorized and directed to:
222	1.  Oversee the preparation and implementation of the state
223	plan established under subsection (8) and revise and update the
224	state plan as necessary.
225	2.  Provide for or make available continuing professional
226	education and training in the prevention of child abuse and
227	neglect.
228	3.  Work to secure funding in the form of appropriations,
229	gifts, and grants from the state, the Federal Government, and
230	other public and private sources in order to ensure that
231	sufficient funds are available for prevention efforts.
232	4.  Make recommendations pertaining to agreements or
233	contracts for the establishment and development of:
234	a.  Programs and services for the prevention of child abuse
235	and neglect.
236	b.  Training programs for the prevention of child abuse and
237	neglect.
238	c.  Multidisciplinary and discipline-specific training
239	programs for professionals with responsibilities affecting
240	children, young adults, and families.
241	5.  Monitor, evaluate, and review the development and
242	quality of local and statewide services and programs for the
243	prevention of child abuse and neglect and shall publish and
244	distribute an annual report of its findings on or before January
245	1 of each year to the Governor, the Speaker of the House of
246	Representatives, the President of the Senate, the secretary of
247	each state agency affected by the report, and the appropriate
248	substantive committees of the Legislature. The report shall
249	include:
250	a.  A summary of the activities of the office.
251	b.  A summary detailing the demographic and geographic
252	characteristics of families served by the prevention programs.
253	c.  Recommendations, by state agency, for the further
254	development and improvement of services and programs for the
255	prevention of child abuse and neglect.
256	d.  The budget requests and prevention program needs by
257	state agency.
258	(8)(7)  PLAN FOR COMPREHENSIVE APPROACH.--
259	(a)  The office department shall develop a state plan for
260	the prevention of abuse, abandonment, and neglect of children
261	and shall submit the state plan to the Speaker of the House of
262	Representatives, the President of the Senate, and the Governor
263	no later than December 31, 2007 January 1, 1983. The Department
264	of Children and Family Services, the Department of Corrections,
265	the Department of Education, the Department of Health, the
266	Department of Juvenile Justice, the Department of Law
267	Enforcement, the Agency for Persons with Disabilities, and the
268	Agency for Workforce Innovation The Department of Education and
269	the Division of Children's Medical Services Prevention and
270	Intervention of the Department of Health shall participate and
271	fully cooperate in the development of the state plan at both the
272	state and local levels. Furthermore, appropriate local agencies
273	and organizations shall be provided an opportunity to
274	participate in the development of the state plan at the local
275	level. Appropriate local groups and organizations shall include,
276	but not be limited to, community mental health centers; guardian
277	ad litem programs for children under the circuit court; the
278	school boards of the local school districts; the Florida local
279	advocacy councils; community-based care lead agencies; private
280	or public organizations or programs with recognized expertise in
281	working with child abuse prevention programs for children and
282	families; private or public organizations or programs with
283	recognized expertise in working with children who are sexually
284	abused, physically abused, emotionally abused, abandoned, or
285	neglected and with expertise in working with the families of
286	such children; private or public programs or organizations with
287	expertise in maternal and infant health care; multidisciplinary
288	child protection teams; child day care centers; law enforcement
289	agencies;, and the circuit courts, when guardian ad litem
290	programs are not available in the local area. The state plan to
291	be provided to the Legislature and the Governor shall include,
292	as a minimum, the information required of the various groups in
293	paragraph (b).
294	(b)  The development of the comprehensive state plan shall
295	be accomplished in the following manner:
296	1.  The office shall establish a Child Abuse Prevention
297	Advisory Council composed of representatives from each state
298	agency and appropriate local agencies and organizations
299	specified in paragraph (a). The advisory council shall serve as
300	the research arm of the office and The department shall
301	establish an interprogram task force comprised of the Program
302	Director for Family Safety, or a designee, a representative from
303	the Child Care Services Program Office, a representative from
304	the Family Safety Program Office, a representative from the
305	Mental Health Program Office, a representative from the
306	Substance Abuse Program Office, a representative from the
307	Developmental Disabilities Program Office, and a representative
308	from the Division of Children's Medical Services Prevention and
309	Intervention of the Department of Health. Representatives of the
310	Department of Law Enforcement and of the Department of Education
311	shall serve as ex officio members of the interprogram task
312	force. The interprogram task force shall be responsible for:
313	a.  Assisting in developing a plan of action for better
314	coordination and integration of the goals, activities, and
315	funding pertaining to the prevention of child abuse,
316	abandonment, and neglect conducted by the office department in
317	order to maximize staff and resources at the state level. The
318	plan of action shall be included in the state plan.
319	b.  Assisting in providing a basic format to be utilized by
320	the districts in the preparation of local plans of action in
321	order to provide for uniformity in the district plans and to
322	provide for greater ease in compiling information for the state
323	plan.
324	c.  Providing the districts with technical assistance in
325	the development of local plans of action, if requested.
326	d.  Assisting in examining the local plans to determine if
327	all the requirements of the local plans have been met and, if
328	they have not, informing the districts of the deficiencies and
329	requesting the additional information needed.
330	e.  Assisting in preparing the state plan for submission to
331	the Legislature and the Governor. Such preparation shall include
332	the incorporation into the state plan collapsing of information
333	obtained from the local plans, the cooperative plans with the
334	members of the advisory council Department of Education, and the
335	plan of action for coordination and integration of state
336	departmental activities into one comprehensive plan. The state
337	comprehensive plan shall include a section reflecting general
338	conditions and needs, an analysis of variations based on
339	population or geographic areas, identified problems, and
340	recommendations for change. In essence, the state plan shall
341	provide an analysis and summary of each element of the local
342	plans to provide a statewide perspective. The state plan shall
343	also include each separate local plan of action.
344	f.  Conducting a feasibility study on the establishment of
345	a Children's Cabinet.
346	g.f.  Working with the specified state agency in fulfilling
347	the requirements of subparagraphs 2., 3., 4., and 5.
348	2.  The office, the department, the Department of
349	Education, and the Department of Health shall work together in
350	developing ways to inform and instruct parents of school
351	children and appropriate district school personnel in all school
352	districts in the detection of child abuse, abandonment, and
353	neglect and in the proper action that should be taken in a
354	suspected case of child abuse, abandonment, or neglect, and in
355	caring for a child's needs after a report is made. The plan for
356	accomplishing this end shall be included in the state plan.
357	3.  The office, the department, the Department of Law
358	Enforcement, and the Department of Health shall work together in
359	developing ways to inform and instruct appropriate local law
360	enforcement personnel in the detection of child abuse,
361	abandonment, and neglect and in the proper action that should be
362	taken in a suspected case of child abuse, abandonment, or
363	neglect.
364	4.  Within existing appropriations, the office department
365	shall work with other appropriate public and private agencies to
366	emphasize efforts to educate the general public about the
367	problem of and ways to detect child abuse, abandonment, and
368	neglect and in the proper action that should be taken in a
369	suspected case of child abuse, abandonment, or neglect. The plan
370	for accomplishing this end shall be included in the state plan.
371	5.  The office, the department, the Department of
372	Education, and the Department of Health shall work together on
373	the enhancement or adaptation of curriculum materials to assist
374	instructional personnel in providing instruction through a
375	multidisciplinary approach on the identification, intervention,
376	and prevention of child abuse, abandonment, and neglect. The
377	curriculum materials shall be geared toward a sequential program
378	of instruction at the four progressional levels, K-3, 4-6, 7-9,
379	and 10-12. Strategies for encouraging all school districts to
380	utilize the curriculum are to be included in the comprehensive
381	state plan for the prevention of child abuse, abandonment, and
382	neglect.
383	6.  Each district of the department shall develop a plan
384	for its specific geographical area. The plan developed at the
385	district level shall be submitted to the advisory council
386	interprogram task force for utilization in preparing the state
387	plan. The district local plan of action shall be prepared with
388	the involvement and assistance of the local agencies and
389	organizations listed in this paragraph (a), as well as
390	representatives from those departmental district offices
391	participating in the treatment and prevention of child abuse,
392	abandonment, and neglect. In order to accomplish this, the
393	office district administrator in each district shall establish a
394	task force on the prevention of child abuse, abandonment, and
395	neglect. The office district administrator shall appoint the
396	members of the task force in accordance with the membership
397	requirements of this section. The office In addition, the
398	district administrator shall ensure that each subdistrict is
399	represented on the task force; and, if the district does not
400	have subdistricts, the district administrator shall ensure that
401	both urban and rural areas are represented on the task force.
402	The task force shall develop a written statement clearly
403	identifying its operating procedures, purpose, overall
404	responsibilities, and method of meeting responsibilities. The
405	district plan of action to be prepared by the task force shall
406	include, but shall not be limited to:
407	a.  Documentation of the magnitude of the problems of child
408	abuse, including sexual abuse, physical abuse, and emotional
409	abuse, and child abandonment and neglect in its geographical
410	area.
411	b.  A description of programs currently serving abused,
412	abandoned, and neglected children and their families and a
413	description of programs for the prevention of child abuse,
414	abandonment, and neglect, including information on the impact,
415	cost-effectiveness, and sources of funding of such programs.
416	c.  A continuum of programs and services necessary for a
417	comprehensive approach to the prevention of all types of child
418	abuse, abandonment, and neglect as well as a brief description
419	of such programs and services.
420	d.  A description, documentation, and priority ranking of
421	local needs related to child abuse, abandonment, and neglect
422	prevention based upon the continuum of programs and services.
423	e.  A plan for steps to be taken in meeting identified
424	needs, including the coordination and integration of services to
425	avoid unnecessary duplication and cost, and for alternative
426	funding strategies for meeting needs through the reallocation of
427	existing resources, utilization of volunteers, contracting with
428	local universities for services, and local government or private
429	agency funding.
430	f.  A description of barriers to the accomplishment of a
431	comprehensive approach to the prevention of child abuse,
432	abandonment, and neglect.
433	g.  Recommendations for changes that can be accomplished
434	only at the state program level or by legislative action.
435	(9)(8)  FUNDING AND SUBSEQUENT PLANS.--
436	(a)  All budget requests submitted by the office, the
437	department, the Department of Health, the Department of
438	Education, the Department of Juvenile Justice, the Department of
439	Corrections, the Agency for Persons with Disabilities, the
440	Agency for Workforce Innovation, or any other agency to the
441	Legislature for funding of efforts for the prevention of child
442	abuse, abandonment, and neglect shall be based on the state plan
443	developed pursuant to this section.
444	(b)  The office department at the state and district levels
445	and the other agencies and organizations listed in paragraph
446	(8)(a) (7)(a) shall readdress the state plan and make necessary
447	revisions every 5 years, at a minimum. Such revisions shall be
448	submitted to the Speaker of the House of Representatives and the
449	President of the Senate no later than June 30 of each year
450	divisible by 5. At least biennially, the office shall review the
451	state plan and make any necessary revisions based on changing
452	needs and program evaluation results. An annual progress report
453	shall be submitted to update the state plan in the years between
454	the 5-year intervals. In order to avoid duplication of effort,
455	these required plans may be made a part of or merged with other
456	plans required by either the state or Federal Government, so
457	long as the portions of the other state or Federal Government
458	plan that constitute the state plan for the prevention of child
459	abuse, abandonment, and neglect are clearly identified as such
460	and are provided to the Speaker of the House of Representatives
461	and the President of the Senate as required above.
462	(11)  RULEMAKING.--The Executive Office of the Governor
463	shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
464	implement the provisions of this section.
465	(12)  EVALUATION.--By February 1, 2009, the Legislature
466	shall evaluate the office and determine whether it should
467	continue to be housed in the Executive Office of the Governor or
468	transferred to a state agency.
469	Section 2.  Section 39.0014, Florida Statutes, is amended
470	to read:
471	39.0014  Responsibilities of public agencies.--All state,
472	county, and local agencies shall cooperate, assist, and provide
473	information to the Office of Child Abuse Prevention and the
474	department as will enable them it to fulfill their its
475	responsibilities under this chapter.
476	Section 3.  Paragraph (b) of subsection (3) of section
477	39.0015, Florida Statutes, is amended to read:
478	39.0015  Child abuse prevention training in the district
479	school system.--
480	(3)  DEFINITIONS.--As used in this section:
481	(b)  "Child abuse" means those acts as defined in ss.
482	39.01(1), (2), (30), (43), (45), (53) (52), and (64) (63),
483	827.04, and 984.03(1), (2), and (37).
484	Section 4.  Subsections (47) through (72) of section 39.01,
485	Florida Statutes, are renumbered as subsections (48) through
486	(73), present subsections (10) and (47) are amended, and a new
487	subsection (47) is added to that section, to read:
488	39.01  Definitions.--When used in this chapter, unless the
489	context otherwise requires:
490	(10)  "Caregiver" means the parent, legal custodian, adult
491	household member, or other person responsible for a child's
492	welfare as defined in subsection (48) (47).
493	(47)  "Office" means the Office of Child Abuse Prevention
494	within the Executive Office of the Governor.
495	(48)(47)  "Other person responsible for a child's welfare"
496	includes the child's legal guardian, legal custodian, or foster
497	parent; an employee of any a private school, public or private
498	child day care center, residential home, institution, facility,
499	or agency; or any other person legally responsible for the
500	child's welfare in a residential setting; and also includes an
501	adult sitter or relative entrusted with a child's care. For the
502	purpose of departmental investigative jurisdiction, this
503	definition does not include law enforcement officers, or
504	employees of municipal or county detention facilities or the
505	Department of Corrections, while acting in an official capacity.
506	Section 5.  Subsection (2) of section 39.013, Florida
507	Statutes, is amended to read:
508	39.013  Procedures and jurisdiction; right to counsel.--
509	(2)  The circuit court shall have exclusive original
510	jurisdiction of all proceedings under this chapter, of a child
511	voluntarily placed with a licensed child-caring agency, a
512	licensed child-placing agency, or the department, and of the
513	adoption of children whose parental rights have been terminated
514	under this chapter. Jurisdiction attaches when the initial
515	shelter petition, dependency petition, or termination of
516	parental rights petition is filed or when a child is taken into
517	the custody of the department. The circuit court may assume
518	jurisdiction over any such proceeding regardless of whether the
519	child was in the physical custody of both parents, was in the
520	sole legal or physical custody of only one parent, caregiver, or
521	some other person, or was in the physical or legal custody of no
522	person when the event or condition occurred that brought the
523	child to the attention of the court. When the court obtains
524	jurisdiction of any child who has been found to be dependent,
525	the court shall retain jurisdiction, unless relinquished by its
526	order, until the child reaches 18 years of age. However, if a
527	youth petitions the court at any time before his or her 19th
528	birthday requesting the court's continued jurisdiction, the
529	juvenile court may retain jurisdiction under this chapter for a
530	period not to exceed 1 year following the youth's 18th birthday
531	for the purpose of determining whether appropriate aftercare
532	support, Road-to-Independence Program Scholarship, transitional
533	support, mental health, and developmental disability services,
534	to the extent otherwise authorized by law, have been provided to
535	the formerly dependent child who was in the legal custody of the
536	department immediately before his or her 18th birthday. If a
537	petition for special immigrant juvenile status and an
538	application for adjustment of status have been filed on behalf
539	of a foster child and the petition and application have not been
540	granted by the time the child reaches 18 years of age, the court
541	may retain jurisdiction over the dependency case solely for the
542	purpose of allowing the continued consideration of the petition
543	and application by federal authorities. Review hearings for the
544	child shall be set solely for the purpose of determining the
545	status of the petition and application. The court's jurisdiction
546	terminates upon the final decision of the federal authorities.
547	Retention of jurisdiction in this instance does not affect the
548	services available to a young adult under s. 409.1451. The court
549	may not retain jurisdiction of the case after the immigrant
550	child's 22nd birthday.
551	Section 6.  Paragraph (a) of subsection (2) of section
552	39.202, Florida Statutes, is amended to read:
553	39.202  Confidentiality of reports and records in cases of
554	child abuse or neglect.--
555	(2)  Except as provided in subsection (4), access to such
556	records, excluding the name of the reporter which shall be
557	released only as provided in subsection (5), shall be granted
558	only to the following persons, officials, and agencies:
559	(a)  Employees, authorized agents, or contract providers of
560	the department, the Department of Health, or county agencies
561	responsible for carrying out:
562	1.  Child or adult protective investigations;
563	2.  Ongoing child or adult protective services;
564	3.  Early intervention and prevention services;
565	4.3.  Healthy Start services; or
566	5.4.  Licensure or approval of adoptive homes, foster
567	homes, or child care facilities, or family day care homes or
568	informal child care providers who receive subsidized child care
569	funding, or other homes used to provide for the care and welfare
570	of children; or.
571	6.5.  Services for victims of domestic violence when
572	provided by certified domestic violence centers working at the
573	department's request as case consultants or with shared clients.
574
575	Also, employees or agents of the Department of Juvenile Justice
576	responsible for the provision of services to children, pursuant
577	to chapters 984 and 985.
578	Section 7.  Subsection (1) of section 39.302, Florida
579	Statutes, is amended to read:
580	39.302  Protective investigations of institutional child
581	abuse, abandonment, or neglect.--
582	(1)  The department shall conduct a child protective
583	investigation of each report of institutional child abuse,
584	abandonment, or neglect. Upon receipt of a report that alleges
585	that an employee or agent of the department, or any other entity
586	or person covered by s. 39.01(31) or (48) (47), acting in an
587	official capacity, has committed an act of child abuse,
588	abandonment, or neglect, the department shall initiate a child
589	protective investigation within the timeframe established by the
590	central abuse hotline pursuant to s. 39.201(5) and orally notify
591	the appropriate state attorney, law enforcement agency, and
592	licensing agency. These agencies shall immediately conduct a
593	joint investigation, unless independent investigations are more
594	feasible. When conducting investigations onsite or having face-
595	to-face interviews with the child, such investigation visits
596	shall be unannounced unless it is determined by the department
597	or its agent that such unannounced visits would threaten the
598	safety of the child. When a facility is exempt from licensing,
599	the department shall inform the owner or operator of the
600	facility of the report. Each agency conducting a joint
601	investigation shall be entitled to full access to the
602	information gathered by the department in the course of the
603	investigation. A protective investigation must include an onsite
604	visit of the child's place of residence. In all cases, the
605	department shall make a full written report to the state
606	attorney within 3 working days after making the oral report. A
607	criminal investigation shall be coordinated, whenever possible,
608	with the child protective investigation of the department. Any
609	interested person who has information regarding the offenses
610	described in this subsection may forward a statement to the
611	state attorney as to whether prosecution is warranted and
612	appropriate. Within 15 days after the completion of the
613	investigation, the state attorney shall report the findings to
614	the department and shall include in such report a determination
615	of whether or not prosecution is justified and appropriate in
616	view of the circumstances of the specific case.
617	Section 8.  Paragraph (a) of subsection (6) of section
618	39.701, Florida Statutes, is amended to read:
619	39.701  Judicial review.--
620	(6)(a)  In addition to paragraphs (1)(a) and (2)(a), the
621	court shall hold a judicial review hearing within 90 days after
622	a youth's 17th birthday. The court shall also issue an order,
623	separate from the order on judicial review, that the disability
624	of nonage of the youth has been removed pursuant to s. 743.045.
625	The court and shall continue to hold timely judicial review
626	hearings thereafter. In addition, the court may review the
627	status of the child more frequently during the year prior to the
628	youth's 18th birthday if necessary. At each review held under
629	this subsection, in addition to any information or report
630	provided to the court, the foster parent, legal custodian,
631	guardian ad litem, and the child shall be given the opportunity
632	to address the court with any information relevant to the
633	child's best interests, particularly as it relates to
634	independent living transition services. In addition to any
635	information or report provided to the court, the department
636	shall include in its judicial review social study report written
637	verification that the child:
638	1.  Has been provided with a current Medicaid card and has
639	been provided all necessary information concerning the Medicaid
640	program sufficient to prepare the youth to apply for coverage
641	upon reaching age 18, if such application would be appropriate.
642	2.  Has been provided with a certified copy of his or her
643	birth certificate and, if the child does not have a valid
644	driver's license, a Florida identification card issued under s.
645	322.051.
646	3.  Has been provided information relating to Social
647	Security Insurance benefits if the child is eligible for these
648	benefits. If the child has received these benefits and they are
649	being held in trust for the child, a full accounting of those
650	funds must be provided and the child must be informed about how
651	to access those funds.
652	4.  Has been provided with information and training related
653	to budgeting skills, interviewing skills, and parenting skills.
654	5.  Has been provided with all relevant information related
655	to the Road-to-Independence Program Scholarship, including, but
656	not limited to, eligibility requirements, forms necessary to
657	apply, and assistance in completing the forms. The child shall
658	also be informed that, if he or she is eligible for the Road-to-
659	Independence Scholarship Program, he or she may reside with the
660	licensed foster family or group care provider with whom the
661	child was residing at the time of attaining his or her 18th
662	birthday or may reside in another licensed foster home or with a
663	group care provider arranged by the department.
664	6.  Has an open bank account, or has identification
665	necessary to open an account, and has been provided with
666	essential banking skills.
667	7.  Has been provided with information on public assistance
668	and how to apply.
669	8.  Has been provided a clear understanding of where he or
670	she will be living on his or her 18th birthday, how living
671	expenses will be paid, and what educational program or school he
672	or she will be enrolled in.
673	9.  Has been provided with notice of the youth's right to
674	petition for the court's continuing jurisdiction for 1 year
675	after the youth's 18th birthday as specified in s. 39.013(2) and
676	with information on how to obtain access to the court.
677	10.  Has been encouraged to attend all judicial review
678	hearings occurring after his or her 17th birthday.
679	Section 9.  Subsection (1) and paragraph (b) of subsection
680	(2) of section 402.164, Florida Statutes, are amended to read:
681	402.164  Legislative intent; definitions.--
682	(1)(a)  It is the intent of the Legislature to use citizen
683	volunteers as members of the Florida Statewide Advocacy Council
684	and the Florida local advocacy councils, and to have volunteers
685	operate a network of councils that shall, without interference
686	by an executive agency, undertake to discover, monitor,
687	investigate, and determine the presence of conditions or
688	individuals that constitute a threat to the rights, health,
689	safety, or welfare of persons who receive services from state
690	agencies.
691	(b)  It is the further intent of the Legislature that the
692	monitoring and investigation shall safeguard the health, safety,
693	and welfare of consumers of services provided by these state
694	agencies.
695	(c)  It is the further intent of the Legislature that state
696	agencies cooperate with the councils in forming interagency
697	agreements to provide the councils with authorized client
698	records so that the councils may monitor services and
699	investigate claims.
700	(2)  As used in ss. 402.164-402.167, the term:
701	(b)  "Client" means a client of the Agency for Persons with
702	Disabilities, the Agency for Health Care Administration, the
703	Department of Children and Family Services, or the Department of
704	Elderly Affairs, as defined in s. 393.063, s. 394.67, s.
705	397.311, or s. 400.960, a forensic client or client as defined
706	in s. 916.106, a child or youth as defined in s. 39.01, a child
707	as defined in s. 827.01, a family as defined in s. 414.0252, a
708	participant as defined in s. 400.551, a resident as defined in
709	s. 400.402, a Medicaid recipient or recipient as defined in s.
710	409.901, a child receiving child care as defined in s. 402.302,
711	a disabled adult as defined in s. 410.032 or s. 410.603, or a
712	victim as defined in s. 39.01 or s. 415.102 as each definition
713	applies within its respective chapter.
714	Section 10.  Subsections (2), (5), and (7) and paragraph
715	(a) of subsection (8) of section 402.165, Florida Statutes, are
716	amended to read:
717	402.165  Florida Statewide Advocacy Council; confidential
718	records and meetings.--
719	(2)  Members of the statewide council shall be appointed to
720	serve terms of 4 years, subject to termination at the pleasure
721	of the Governor prior to expiration of such period. A member may
722	not serve more than two full consecutive terms.
723	(5)(a)  Members of the statewide council shall receive no
724	compensation, but are entitled to be reimbursed for per diem and
725	travel expenses in accordance with s. 112.061.
726	(b)  The Governor shall select an executive director who
727	shall serve at the pleasure of the Governor and shall perform
728	the duties delegated to him or her by the council. The
729	compensation of the executive director and staff shall be
730	established in accordance with the rules of the Selected Exempt
731	Service. The Governor shall give priority consideration in the
732	selection of an executive director to an individual with
733	professional expertise in research design, statistical analysis,
734	or agency evaluation and analysis.
735	(c)  The council may apply for, receive, and accept grants,
736	gifts, donations, bequests, and other payments including money
737	or property, real or personal, tangible or intangible, and
738	service from any governmental or other public or private entity
739	or person and make arrangements as to the use of same.
740	(d)  The statewide council shall annually prepare a budget
741	request that, after it is approved by the council, shall be
742	submitted to the Governor. The budget shall include a request
743	for funds to carry out the activities of the statewide council
744	and the local councils.
745	(7)  The responsibilities of the statewide council include,
746	but are not limited to:
747	(a)  Serving as an independent third-party mechanism for
748	protecting the constitutional and human rights of clients within
749	programs or facilities operated, funded, or contracted by any
750	state agency that provides client services.
751	(b)  Monitoring, by site visit and through access to
752	records, the delivery and use of services, programs, or
753	facilities operated, funded, or contracted by any state agency
754	that provides client services, for the purpose of preventing
755	abuse or deprivation of the constitutional and human rights of
756	clients. The statewide council may conduct an unannounced site
757	visit or monitoring visit that involves the inspection of
758	records if the visit is conditioned upon a complaint. A
759	complaint may be generated by the council itself, after
760	consulting with the Governor's office, if information from any
761	state agency that provides client services or from other sources
762	indicates a situation at the program or facility that indicates
763	possible abuse or neglect or deprivation of the constitutional
764	and human rights of clients. The statewide council shall
765	establish and follow uniform criteria for the review of
766	information and generation of complaints. The statewide council
767	shall develop a written protocol for all complaints it generates
768	to provide the Governor's office with information including the
769	nature of the abuse or neglect, the agencies involved, the
770	populations or numbers of individuals affected, the types of
771	records necessary to complete the investigation, and a strategy
772	for approaching the problem. Routine program monitoring and
773	reviews that do not require an examination of records may be
774	made unannounced.
775	(c)  Receiving, investigating, and resolving reports of
776	abuse or deprivation of constitutional and human rights referred
777	to the statewide council by a local council. If a matter
778	constitutes a threat to the life, safety, or health of clients
779	or is multiservice-area in scope, the statewide council may
780	exercise its powers without the necessity of a referral from a
781	local council.
782	(d)  Reviewing existing programs or services and new or
783	revised programs of the state agencies that provide client
784	services and making recommendations as to how the rights of
785	clients are affected.
786	(e)  Submitting an annual report to the Legislature, no
787	later than December 30 of each calendar year, concerning
788	activities, recommendations, and complaints reviewed or
789	developed by the council during the year.
790	(f)  Conducting meetings at least once six times a year at
791	the call of the chair and at other times at the call of the
792	Governor or by written request of eight six members of the
793	council, including the executive director.
794	(g)  Developing and adopting uniform procedures to be used
795	to carry out the purpose and responsibilities of the statewide
796	council and the local councils.
797	(h)  Supervising the operations of the local councils and
798	monitoring the performance and activities of all local councils
799	and providing technical assistance to members of local councils.
800	(i)  Providing for the development and presentation of a
801	standardized training program for members of local councils.
802	(j)  Developing and maintaining interagency agreements
803	between the council and the state agencies providing client
804	services. The interagency agreements shall address the
805	coordination of efforts and identify the roles and
806	responsibilities of the statewide and local councils and each
807	agency in fulfillment of their responsibilities, including
808	access to records. The interagency agreements shall explicitly
809	define a process that the statewide and local councils shall use
810	to request records from the agency and shall define a process
811	for appeal when disputes about access to records arise between
812	agency staff and council members. Interagency agreements shall
813	be renewed annually and shall be completed and reported to the
814	Governor no later than February 1.
815	(8)(a)  In the performance of its duties, the statewide
816	council shall have:
817	1.  Authority to receive, investigate, seek to conciliate,
818	hold hearings on, and act on complaints that allege any abuse or
819	deprivation of constitutional or human rights of persons who
820	receive client services from any state agency.
821	2.  Access to all client records, files, and reports from
822	any program, service, or facility that is operated, funded, or
823	contracted by any state agency that provides client services and
824	any records that are material to its investigation and are in
825	the custody of any other agency or department of government. The
826	council's investigation or monitoring shall not impede or
827	obstruct matters under investigation by law enforcement agencies
828	or judicial authorities. Access shall not be granted if a
829	specific procedure or prohibition for reviewing records is
830	required by federal law and regulation that supersedes state
831	law. Access shall not be granted to the records of a private
832	licensed practitioner who is providing services outside the
833	state agency, or outside a state facility, and whose client is
834	competent and refuses disclosure.
835	3.  Standing to petition the circuit court for access to
836	client records that are confidential as specified by law. The
837	petition shall be filed with notice and opportunity to be heard
838	by the state agency and shall state the specific reasons for
839	which the council is seeking access and the intended use of such
840	information. The circuit court may authorize council access to
841	the records upon a finding that access is directly related to an
842	investigation regarding the possible deprivation of
843	constitutional or human rights or the abuse of a client.
844	Original client files, agency records, and reports may not be
845	removed from a state agency, but copies must be provided to the
846	council and the local councils at the agency's expense. Under no
847	circumstance shall the council have access to confidential
848	adoption records once the adoption is finalized by a court in
849	accordance with ss. 39.0132, 63.022, and 63.162. Upon completion
850	of a general investigation of practices and procedures of a
851	state agency, the statewide council shall report its findings to
852	that agency.
853	Section 11.  Section 409.1451, Florida Statutes, is amended
854	to read:
855	409.1451  Independent living transition services.--
856	(1)  SYSTEM OF SERVICES.--
857	(a)  The Department of Children and Family Services, its
858	agents, or community-based providers operating pursuant to s.
859	409.1671 shall administer a system of independent living
860	transition services to enable older children in foster care and
861	young adults who exit foster care at age 18 to make the
862	transition to self-sufficiency as adults.
863	(b)  The goals of independent living transition services
864	are to assist older children in foster care and young adults who
865	were formerly in foster care to obtain life skills and education
866	for independent living and employment, to have a quality of life
867	appropriate for their age, and to assume personal responsibility
868	for becoming self-sufficient adults.
869	(c)  State funds for foster care or federal funds shall be
870	used to establish a continuum of services for eligible children
871	in foster care and eligible young adults who were formerly in
872	foster care which accomplish the goals for the system of
873	independent living transition services by providing services for
874	foster children, pursuant to subsection (4), and services for
875	young adults who were formerly in foster care, pursuant to
876	subsection (5).
877	(d)  For children in foster care, independent living
878	transition services are not an alternative to adoption.
879	Independent living transition services may occur concurrently
880	with continued efforts to locate and achieve placement in
881	adoptive families for older children in foster care.
882	(2)  ELIGIBILITY.--
883	(a)  The department shall serve children who have reached
884	13 years of age but are not yet 18 years of age and who are in
885	foster care by providing services pursuant to subsection (4).
886	Children to be served must meet the eligibility requirements set
887	forth for specific services as provided in this section.
888	(b)  The department shall serve young adults who have
889	reached 18 years of age or were placed with a court-approved
890	nonrelative or guardian after reaching 16 years of age and have
891	spent a minimum of 6 months in foster care but are not yet 23
892	years of age and who were in foster care when they turned 18
893	years of age by providing services pursuant to subsection (5).
894	Young adults are not entitled to be served but must meet the
895	eligibility requirements set forth for specific services in this
896	section.
897	(3)  PREPARATION FOR INDEPENDENT LIVING.--
898	(a)  It is the intent of the Legislature for the Department
899	of Children and Family Services to assist older children in
900	foster care and young adults who exit foster care at age 18 in
901	making the transition to independent living and self-sufficiency
902	as adults. The department shall provide such children and young
903	adults with opportunities to participate in life skills
904	activities in their foster families and communities which are
905	reasonable and appropriate for their respective ages or for any
906	special needs they may have, and shall provide them with
907	services to build life the skills and increase their ability to
908	live independently and become self-sufficient. To support the
909	provision of opportunities for participation in age-appropriate
910	life skills activities, the department shall:
911	1.  Develop a list of age-appropriate activities and
912	responsibilities to be offered to all children involved in
913	independent living transition services and their foster parents.
914	2.  Provide training for staff and foster parents to
915	address the issues of older children in foster care in
916	transitioning to adulthood, which shall include information on
917	high school completion, grant applications, vocational school
918	opportunities, supporting education and employment
919	opportunities, and providing opportunities to participate in
920	appropriate daily activities.
921	3.  Develop procedures to maximize the authority of foster
922	parents or caregivers to approve participation in age-
923	appropriate activities of children in their care. The age-
924	appropriate activities and the authority of the foster parent or
925	caregiver shall be developed into a written plan that the foster
926	parent or caregiver, the child, and the case manager all develop
927	together, sign, and follow. This plan must include specific
928	goals and objectives and be reviewed and updated no less than
929	quarterly.
930	4.  Provide opportunities for older children in foster care
931	to interact with mentors.
932	5.  Develop and implement procedures for older children to
933	directly access and manage the personal allowance they receive
934	from the department in order to learn responsibility and
935	participate in age-appropriate life skills activities to the
936	extent feasible.
937	6.  Make a good faith effort to fully explain, prior to
938	execution of any signature, if required, any document, report,
939	form, or other record, whether written or electronic, presented
940	to a child or young adult pursuant to this chapter and allow for
941	the recipient to ask any appropriate questions necessary to
942	fully understand the document. It shall be the responsibility of
943	the person presenting the document to the child or young adult
944	to comply with this subparagraph.
945	(b)  It is further the intent of the Legislature that each
946	child in foster care, his or her foster parents, if applicable,
947	and the department or community-based provider set early
948	achievement and career goals for the child's postsecondary
949	educational and work experience. The department and community-
950	based providers shall implement the model set forth in this
951	paragraph to help ensure that children in foster care are ready
952	for postsecondary education and the workplace.
953	1.  For children in foster care who have reached 13 years
954	of age, entering the 9th grade, their foster parents, and the
955	department or community-based provider shall ensure that the
956	child's case plan includes an educational and career path be
957	active participants in choosing a post-high school goal based
958	upon both the abilities and interests of each child. The child,
959	the foster parents, and a teacher or other school staff member
960	shall be included to the fullest extent possible in developing
961	the path. The path shall be reviewed at each judicial hearing as
962	part of the case plan and goal shall accommodate the needs of
963	children served in exceptional education programs to the extent
964	appropriate for each individual. Such children may continue to
965	follow the courses outlined in the district school board student
966	progression plan. Children in foster care, with the assistance
967	of their foster parents, and the department or community-based
968	provider shall choose one of the following postsecondary goals:
969	a.  Attending a 4-year college or university, a community
970	college plus university, or a military academy;
971	b.  Receiving a 2-year postsecondary degree;
972	c.  Attaining a postsecondary career and technical
973	certificate or credential; or
974	d.  Beginning immediate employment, including
975	apprenticeship, after completion of a high school diploma or its
976	equivalent, or enlisting in the military.
977	2.  In order to assist the child in foster care in
978	achieving his or her chosen goal, the department or community-
979	based provider shall, with the participation of the child and
980	foster parents, identify:
981	a.  The core courses necessary to qualify for a chosen
982	goal.
983	b.  Any elective courses which would provide additional
984	help in reaching a chosen goal.
985	c.  The grade point requirement and any additional
986	information necessary to achieve a specific goal.
987	d.  A teacher, other school staff member, employee of the
988	department or community-based care provider, or community
989	volunteer who would be willing to work with the child as an
990	academic advocate or mentor if foster parent involvement is
991	insufficient or unavailable.
992	3.  In order to complement educational goals, the
993	department and community-based providers are encouraged to form
994	partnerships with the business community to support internships,
995	apprenticeships, or other work-related opportunities.
996	4.  The department and community-based providers shall
997	ensure that children in foster care and their foster parents are
998	made aware of the postsecondary goals available and shall assist
999	in identifying the coursework necessary to enable the child to
1000	reach the chosen goal.
1001	(c)  All children in foster care and young adults formerly
1002	in foster care are encouraged to take part in learning
1003	opportunities that result from participation in community
1004	service activities.
1005	(d)  Children in foster care and young adults formerly in
1006	foster care shall be provided with the opportunity to change
1007	from one postsecondary goal to another, and each postsecondary
1008	goal shall allow for changes in each individual's needs and
1009	preferences. Any change, particularly a change that will result
1010	in additional time required to achieve a goal, shall be made
1011	with the guidance and assistance of the department or community-
1012	based provider.
1013	(4)  SERVICES FOR CHILDREN IN FOSTER CARE.--The department
1014	shall provide the following transition to independence services
1015	to children in foster care who meet prescribed conditions and
1016	are determined eligible by the department. The service
1017	categories available to children in foster care which facilitate
1018	successful transition into adulthood are:
1019	(a)  Preindependent living services.--
1020	1.  Preindependent living services include, but are not
1021	limited to, life skills training, educational field trips, and
1022	conferences. The specific services to be provided to a child
1023	shall be determined using a preindependent living assessment.
1024	2.  A child who has reached 13 years of age but is not yet
1025	15 years of age who is in foster care is eligible for such
1026	services.
1027	3.  The department shall conduct an annual staffing for
1028	each child who has reached 13 years of age but is not yet 15
1029	years of age to ensure that the preindependent living training
1030	and services to be provided as determined by the preindependent
1031	living assessment are being received and to evaluate the
1032	progress of the child in developing the needed independent
1033	living skills.
1034	4.  At the first annual staffing that occurs following a
1035	child's 14th birthday, and at each subsequent staffing, the
1036	department or community-based provider shall ensure that the
1037	child's case plan includes an educational and career path based
1038	upon both the abilities and interests of each child and shall
1039	provide to each child detailed personalized information on
1040	services provided by the Road-to-Independence Scholarship
1041	Program, including requirements for eligibility; on other
1042	grants, scholarships, and waivers that are available and should
1043	be sought by the child with assistance from the department,
1044	including, but not limited to, the Bright Futures Scholarship
1045	Program, as provided in ss. 1009.53-1009.538; on application
1046	deadlines; and on grade requirements for such programs.
1047	5.  Information related to both the preindependent living
1048	assessment and all staffings, which shall be reduced to writing
1049	and signed by the child participant, shall be included as a part
1050	of the written report required to be provided to the court at
1051	each judicial review held pursuant to s. 39.701.
1052	(b)  Life skills services.--
1053	1.  Life skills services may include, but are not limited
1054	to, independent living skills training, including training to
1055	develop banking and budgeting skills, interviewing skills,
1056	parenting skills, and time management or organizational skills,
1057	educational support, employment training, and counseling.
1058	Children receiving these services should also be provided with
1059	information related to social security insurance benefits and
1060	public assistance. The specific services to be provided to a
1061	child shall be determined using an independent life skills
1062	assessment.
1063	2.  A child who has reached 15 years of age but is not yet
1064	18 years of age who is in foster care is eligible for such
1065	services.
1066	3.  The department shall conduct a staffing at least once
1067	every 6 months for each child who has reached 15 years of age
1068	but is not yet 18 years of age to ensure that the appropriate
1069	independent living training and services as determined by the
1070	independent life skills assessment are being received and to
1071	evaluate the progress of the child in developing the needed
1072	independent living skills.
1073	4.  The department shall provide to each child in foster
1074	care during the calendar month following the child's 17th
1075	birthday an independent living assessment to determine the
1076	child's skills and abilities to live independently and become
1077	self-sufficient. Based on the results of the independent living
1078	assessment, services and training shall be provided in order for
1079	the child to develop the necessary skills and abilities prior to
1080	the child's 18th birthday.
1081	5.  Information related to both the independent life skills
1082	assessment and all staffings, which shall be reduced to writing
1083	and signed by the child participant, shall be included as a part
1084	of the written report required to be provided to the court at
1085	each judicial review held pursuant to s. 39.701.
1086	(c)  Subsidized independent living services.--
1087	1.  Subsidized independent living services are living
1088	arrangements that allow the child to live independently of the
1089	daily care and supervision of an adult in a setting that is not
1090	required to be licensed under s. 409.175.
1091	2.  A child who has reached 16 years of age but is not yet
1092	18 years of age is eligible for such services if he or she:
1093	a.  Is adjudicated dependent under chapter 39; has been
1094	placed in licensed out-of-home care for at least 6 months prior
1095	to entering subsidized independent living; and has a permanency
1096	goal of adoption, independent living, or long-term licensed
1097	care; and
1098	b.  Is able to demonstrate independent living skills, as
1099	determined by the department, using established procedures and
1100	assessments.
1101	3.  Independent living arrangements established for a child
1102	must be part of an overall plan leading to the total
1103	independence of the child from the department's supervision. The
1104	plan must include, but need not be limited to, a description of
1105	the skills of the child and a plan for learning additional
1106	identified skills; the behavior that the child has exhibited
1107	which indicates an ability to be responsible and a plan for
1108	developing additional responsibilities, as appropriate; a plan
1109	for future educational, vocational, and training skills; present
1110	financial and budgeting capabilities and a plan for improving
1111	resources and ability; a description of the proposed residence;
1112	documentation that the child understands the specific
1113	consequences of his or her conduct in the independent living
1114	program; documentation of proposed services to be provided by
1115	the department and other agencies, including the type of service
1116	and the nature and frequency of contact; and a plan for
1117	maintaining or developing relationships with the family, other
1118	adults, friends, and the community, as appropriate.
1119	4.  Subsidy payments in an amount established by the
1120	department may be made directly to a child under the direct
1121	supervision of a caseworker or other responsible adult approved
1122	by the department.
1123	(5)  SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER
1124	CARE.--Based on the availability of funds, the department shall
1125	provide or arrange for the following services to young adults
1126	formerly in foster care who meet the prescribed conditions and
1127	are determined eligible by the department. The department, or a
1128	community-based care lead agency when the agency is under
1129	contract with the department to provide the services described
1130	under this subsection, shall develop a plan to implement those
1131	services. A plan shall be developed for each community-based
1132	care service area in the state. Each plan that is developed by a
1133	community-based care lead agency shall be submitted to the
1134	department. Each plan shall include the number of young adults
1135	to be served each month of the fiscal year and specify the
1136	number of young adults who will reach 18 years of age who will
1137	be eligible for the plan and the number of young adults who will
1138	reach 23 years of age and will be ineligible for the plan or who
1139	are otherwise ineligible during each month of the fiscal year;
1140	staffing requirements and all related costs to administer the
1141	services and program; expenditures to or on behalf of the
1142	eligible recipients; costs of services provided to young adults
1143	through an approved plan for housing, transportation, and
1144	employment; reconciliation of these expenses and any additional
1145	related costs with the funds allocated for these services; and
1146	an explanation of and a plan to resolve any shortages or
1147	surpluses in order to end the fiscal year with a balanced
1148	budget. The categories of services available to assist a young
1149	adult formerly in foster care to achieve independence are:
1150	(a)  Aftercare support services.--
1151	1.  Aftercare support services are available to assist
1152	young adults who were formerly in foster care in their efforts
1153	to continue to develop the skills and abilities necessary for
1154	independent living. The aftercare support services available
1155	include, but are not limited to, the following:
1156	a.  Mentoring and tutoring.
1157	b.  Mental health services and substance abuse counseling.
1158	c.  Life skills classes, including credit management and
1159	preventive health activities.
1160	d.  Parenting classes.
1161	e.  Job and career skills training.
1162	f.  Counselor consultations.
1163	g.  Temporary financial assistance.
1164	h.  Financial literacy skills training.
1165
1166	The specific services to be provided under this subparagraph
1167	shall be determined by an aftercare services assessment and may
1168	be provided by the department or through referrals in the
1169	community.
1170	2.  Temporary assistance provided to prevent homelessness
1171	shall be provided as expeditiously as possible and within the
1172	limitations defined by the department.
1173	3.2.  A young adult who has reached 18 years of age but is
1174	not yet 23 years of age who leaves foster care at 18 years of
1175	age but who requests services prior to reaching 23 years of age
1176	is eligible for such services.
1177	(b)  Road-to-Independence Scholarship Program.--
1178	1.  The Road-to-Independence Scholarship Program is
1179	intended to help eligible students who are former foster
1180	children in this state to receive the educational and vocational
1181	training needed to achieve independence. The amount of the award
1182	shall be based on the living and educational needs of the young
1183	adult and may be up to, but may not exceed, the amount of
1184	earnings that the student would have been eligible to earn
1185	working a 40-hour-a-week federal minimum wage job.
1186	2.  A young adult who has reached 18 years of age but is
1187	not yet 21 years of age is eligible for the initial award, and a
1188	young adult under 23 years of age is eligible for renewal
1189	awards, if he or she:
1190	a.  Was a dependent child, under chapter 39, and was living
1191	in licensed foster care or in subsidized independent living at
1192	the time of his or her 18th birthday or is currently in licensed
1193	foster care or subsidized independent living, was adopted from
1194	foster care after reaching 16 years of age, or, after spending
1195	at least 6 months in the custody of the department after
1196	reaching 16 years of age, was placed in a guardianship by the
1197	court;
1198	b.  Spent at least 6 months living in foster care before
1199	reaching his or her 18th birthday;
1200	c.  Is a resident of this state as defined in s. 1009.40;
1201	and
1202	d.  Meets one of the following qualifications:
1203	(I)  Has earned a standard high school diploma or its
1204	equivalent as described in s. 1003.43 or s. 1003.435, or has
1205	earned a special diploma or special certificate of completion as
1206	described in s. 1003.438, and has been admitted for full-time
1207	enrollment in an eligible postsecondary education institution as
1208	defined in s. 1009.533;
1209	(II)  Is enrolled full time in an accredited high school;
1210	or
1211	(III)  Is enrolled full time in an accredited adult
1212	education program designed to provide the student with a high
1213	school diploma or its equivalent.
1214	3.  A young adult applying for the a Road-to-Independence
1215	Program Scholarship must apply for any other grants and
1216	scholarships for which he or she may qualify. The department
1217	shall assist the young adult in the application process and may
1218	use the federal financial aid grant process to determine the
1219	funding needs of the young adult.
1220	4.  An award shall be available to a young adult who is
1221	considered a full-time student or its equivalent by the
1222	educational institution in which he or she is enrolled, unless
1223	that young adult has a recognized disability preventing full-
1224	time attendance. The amount of the award, whether it is being
1225	used by a young adult working toward completion of a high school
1226	diploma or its equivalent or working toward completion of a
1227	postsecondary education program, shall be determined based on an
1228	assessment of the funding needs of the young adult. This
1229	assessment must consider the young adult's living and
1230	educational costs and other grants, scholarships, waivers,
1231	earnings, and other income to be received by the young adult. An
1232	award shall be available only to the extent that other grants
1233	and scholarships are not sufficient to meet the living and
1234	educational needs of the young adult, but an award may not be
1235	less than $25 in order to maintain Medicaid eligibility for the
1236	young adult as provided in s. 409.903.
1237	5.  The amount of the award may be disregarded for purposes
1238	of determining the eligibility for, or the amount of, any other
1239	federal or federally supported assistance.
1240	6.5.a.  The department must advertise the criteria,
1241	application procedures, and availability of the program to:
1242	(I)  Children and young adults in, leaving, or formerly in
1243	foster care.
1244	(II)  Case managers.
1245	(III)  Guidance and family services counselors.
1246	(IV)  Principals or other relevant school administrators.
1247	(V)  Guardians ad litem.
1248	(VI)  Foster parents. and must ensure that the children and
1249	young adults leaving foster care, foster parents, or family
1250	services counselors are informed of the availability of the
1251	program and the application procedures.
1252	b.  A young adult must apply for the initial award during
1253	the 6 months immediately preceding his or her 18th birthday, and
1254	the department shall provide assistance with the application
1255	process. A young adult who fails to make an initial application,
1256	but who otherwise meets the criteria for an initial award, may
1257	make one application for the initial award if the application is
1258	made before the young adult's 21st birthday. If the young adult
1259	does not apply for an initial award before his or her 18th
1260	birthday, the department shall inform that young adult of the
1261	opportunity to apply before turning 21 years of age.
1262	b.c.  If funding for the program is available, The
1263	department shall issue awards from the scholarship program for
1264	each young adult who meets all the requirements of the program
1265	to the extent funding is available.
1266	c.d.  An award shall be issued at the time the eligible
1267	student reaches 18 years of age.
1268	d.e.  A young adult who is eligible for the Road-to-
1269	Independence Program, transitional support services, or
1270	aftercare services and who so desires shall be allowed to reside
1271	with the licensed foster family or group care provider with whom
1272	he or she was residing at the time of attaining his or her 18th
1273	birthday or to reside in another licensed foster home or with a
1274	group care provider arranged by the department.
1275	e.f.  If the award recipient transfers from one eligible
1276	institution to another and continues to meet eligibility
1277	requirements, the award must be transferred with the recipient.
1278	f.g.  Scholarship Funds awarded to any eligible young adult
1279	under this program are in addition to any other services or
1280	funds provided to the young adult by the department through
1281	transitional support services or aftercare services its
1282	independent living transition services.
1283	g.h.  The department shall provide information concerning
1284	young adults receiving funding through the Road-to-Independence
1285	Program Scholarship to the Department of Education for inclusion
1286	in the student financial assistance database, as provided in s.
1287	1009.94.
1288	h.i.  Scholarship Funds are intended to help eligible young
1289	adults students who are former foster children in this state to
1290	receive the educational and vocational training needed to become
1291	independent and self-supporting. The funds shall be terminated
1292	when the young adult has attained one of four postsecondary
1293	goals under subsection (3) or reaches 23 years of age, whichever
1294	occurs earlier. In order to initiate postsecondary education, to
1295	allow for a change in career goal, or to obtain additional
1296	skills in the same educational or vocational area, a young adult
1297	may earn no more than two diplomas, certificates, or
1298	credentials. A young adult attaining an associate of arts or
1299	associate of science degree shall be permitted to work toward
1300	completion of a bachelor of arts or a bachelor of science degree
1301	or an equivalent undergraduate degree. Road-to-Independence
1302	Program Scholarship funds may not be used for education or
1303	training after a young adult has attained a bachelor of arts or
1304	a bachelor of science degree or an equivalent undergraduate
1305	degree.
1306	i.j.  The department shall evaluate and renew each award
1307	annually during the 90-day period before the young adult's
1308	birthday. In order to be eligible for a renewal award for the
1309	subsequent year, the young adult must:
1310	(I)  Complete the number of hours, or the equivalent
1311	considered full time by the educational institution, unless that
1312	young adult has a recognized disability preventing full-time
1313	attendance, in the last academic year in which the young adult
1314	earned an award a scholarship, except for a young adult who
1315	meets the requirements of s. 1009.41.
1316	(II)  Maintain appropriate progress as required by the
1317	educational institution, except that, if the young adult's
1318	progress is insufficient to renew the award scholarship at any
1319	time during the eligibility period, the young adult may restore
1320	eligibility by improving his or her progress to the required
1321	level.
1322	j.k.  Scholarship Funds may be terminated during the
1323	interim between an award and the evaluation for a renewal award
1324	if the department determines that the award recipient is no
1325	longer enrolled in an educational institution as defined in sub-
1326	subparagraph 2.d., or is no longer a state resident. The
1327	department shall notify a recipient student who is terminated
1328	and inform the recipient student of his or her right to appeal.
1329	k.l.  An award recipient who does not qualify for a renewal
1330	award or who chooses not to renew the award may subsequently
1331	apply for reinstatement. An application for reinstatement must
1332	be made before the young adult reaches 23 years of age, and a
1333	student may not apply for reinstatement more than once. In order
1334	to be eligible for reinstatement, the young adult must meet the
1335	eligibility criteria and the criteria for award renewal for the
1336	scholarship program.
1337	(c)  Transitional support services.--
1338	1.  In addition to any services provided through aftercare
1339	support or the Road-to-Independence Program Scholarship, a young
1340	adult formerly in foster care may receive other appropriate
1341	short-term funding and services, which may include financial,
1342	housing, counseling, employment, education, mental health,
1343	disability, and other services, if the young adult demonstrates
1344	that the services are critical to the young adult's own efforts
1345	to achieve self-sufficiency and to develop a personal support
1346	system. The department or community-based care provider shall
1347	work with the young adult in developing a joint transition plan
1348	that is consistent with a needs assessment identifying the
1349	specific need for transitional services to support the young
1350	adult's own efforts. The young adult must have specific tasks to
1351	complete or maintain included in the plan and be accountable for
1352	the completion of or making progress towards the completion of
1353	these tasks. If the young adult and the department or community-
1354	based care provider cannot come to agreement regarding any part
1355	of the plan, the young adult may access a grievance process to
1356	its full extent in an effort to resolve the disagreement.
1357	2.  A young adult formerly in foster care is eligible to
1358	apply for transitional support services if he or she has reached
1359	18 years of age but is not yet 23 years of age, was a dependent
1360	child pursuant to chapter 39, was living in licensed foster care
1361	or in subsidized independent living at the time of his or her
1362	18th birthday, and had spent at least 6 months living in foster
1363	care before that date.
1364	3.  If at any time the services are no longer critical to
1365	the young adult's own efforts to achieve self-sufficiency and to
1366	develop a personal support system, they shall be terminated.
1367	(d)  Payment of aftercare, Road-to-Independence Program
1368	scholarship, or transitional support funds.--
1369	1.  Payment of aftercare, Road-to-Independence Program
1370	scholarship, or transitional support funds shall be made
1371	directly to the recipient unless the recipient requests in
1372	writing to the community-based care lead agency, or the
1373	department, that the payments or a portion of the payments be
1374	made directly on the recipient's behalf in order to secure
1375	services such as housing, counseling, education, or employment
1376	training as part of the young adult's own efforts to achieve
1377	self-sufficiency.
1378	2.  After the completion of aftercare support services that
1379	satisfy the requirements of sub-subparagraph (a)1.h., payment of
1380	awards under the Road-to-Independence Program shall be made by
1381	direct deposit to the recipient, unless the recipient requests
1382	in writing to the community-based care lead agency or the
1383	department that:
1384	a.  The payments be made directly to the recipient by check
1385	or warrant;
1386	b.  The payments or a portion of the payments be made
1387	directly on the recipient's behalf to institutions the recipient
1388	is attending to maintain eligibility under this section; or
1389	c.  The payments be made on a two-party check to a business
1390	or landlord for a legitimate expense, whether reimbursed or not.
1391	A legitimate expense for the purposes of this sub-subparagraph
1392	shall include automobile repair or maintenance expenses;
1393	educational, job, or training expenses; and costs incurred,
1394	except legal costs, fines, or penalties, when applying for or
1395	executing a rental agreement for the purposes of securing a home
1396	or residence.
1397	3.  The community-based care lead agency may purchase
1398	housing, transportation, or employment services to ensure the
1399	availability and affordability of specific transitional services
1400	thereby allowing an eligible young adult to utilize these
1401	services in lieu of receiving a direct payment. Prior to
1402	purchasing such services, the community-based care lead agency
1403	must have a plan approved by the department describing the
1404	services to be purchased, the rationale for purchasing the
1405	services, and a specific range of expenses for each service that
1406	is less than the cost of purchasing the service by an individual
1407	young adult. The plan must include a description of the
1408	transition of a young adult using these services into
1409	independence and a timeframe for achievement of independence. An
1410	eligible young adult who prefers a direct payment shall receive
1411	such payment. The plan must be reviewed annually and evaluated
1412	for cost-efficiency and for effectiveness in assisting young
1413	adults in achieving independence, preventing homelessness among
1414	young adults, and enabling young adults to earn a livable wage
1415	in a permanent employment situation.
1416	4.  The young adult who resides with a foster family may
1417	not be included as a child in calculating any licensing
1418	restriction on the number of children in the foster home.
1419	(e)  Appeals process.--
1420	1.  The Department of Children and Family Services shall
1421	adopt by rule a procedure by which a young adult may appeal an
1422	eligibility determination or the department's failure to provide
1423	aftercare, Road-to-Independence Program scholarship, or
1424	transitional support services, or the termination of such
1425	services, if such funds are available.
1426	2.  The procedure developed by the department must be
1427	readily available to young adults, must provide timely
1428	decisions, and must provide for an appeal to the Secretary of
1429	Children and Family Services. The decision of the secretary
1430	constitutes final agency action and is reviewable by the court
1431	as provided in s. 120.68.
1432	(6)  ACCOUNTABILITY.--The department shall develop outcome
1433	measures for the program and other performance measures in order
1434	to maintain oversight of the program. The department shall
1435	prepare a report on the outcome measures and the department's
1436	oversight activities and submit the report to the President of
1437	the Senate, the Speaker of the House of Representatives, and the
1438	committees with jurisdiction over issues relating to children
1439	and families in the Senate and the House of Representatives no
1440	later than January 31 of each year. The report must include:
1441	(a)  An analysis of performance on the outcome measures
1442	developed under this section reported for each community-based
1443	care lead agency and compared with the performance of the
1444	department on the same measures.
1445	(b)  A description of the department's oversight of the
1446	program, including, by lead agency, any programmatic or fiscal
1447	deficiencies found, corrective actions required, and current
1448	status of compliance.
1449	(c)  Any rules adopted or proposed under this section since
1450	the last report. For the purposes of the first report, any rules
1451	adopted or proposed under this section must be included.
1452	(7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The
1453	Secretary of Children and Family Services shall establish the
1454	Independent Living Services Advisory Council for the purpose of
1455	reviewing and making recommendations concerning the
1456	implementation and operation of the independent living
1457	transition services. This advisory council shall continue to
1458	function as specified in this subsection until the Legislature
1459	determines that the advisory council can no longer provide a
1460	valuable contribution to the department's efforts to achieve the
1461	goals of the independent living transition services.
1462	(a)  Specifically, the advisory council shall assess the
1463	implementation and operation of the system of independent living
1464	transition services and advise the department on actions that
1465	would improve the ability of the independent living transition
1466	services to meet the established goals. The advisory council
1467	shall keep the department informed of problems being experienced
1468	with the services, barriers to the effective and efficient
1469	integration of services and support across systems, and
1470	successes that the system of independent living transition
1471	services has achieved. The department shall consider, but is not
1472	required to implement, the recommendations of the advisory
1473	council.
1474	(b)  The advisory council shall report to the appropriate
1475	substantive committees of the Senate and the House of
1476	Representatives on the status of the implementation of the
1477	system of independent living transition services; efforts to
1478	publicize the availability of aftercare support services, the
1479	Road-to-Independence Scholarship Program, and transitional
1480	support services; specific barriers to financial aid created by
1481	the scholarship and possible solutions; the success of the
1482	services; problems identified; recommendations for department or
1483	legislative action; and the department's implementation of the
1484	recommendations contained in the Independent Living Services
1485	Integration Workgroup Report submitted to the Senate and the
1486	House substantive committees December 31, 2002. This advisory
1487	council report shall be submitted by December 31 of each year
1488	that the council is in existence and shall be accompanied by a
1489	report from the department which identifies the recommendations
1490	of the advisory council and either describes the department's
1491	actions to implement these recommendations or provides the
1492	department's rationale for not implementing the recommendations.
1493	(c)  Members of the advisory council shall be appointed by
1494	the secretary of the department. The membership of the advisory
1495	council must include, at a minimum, representatives from the
1496	headquarters and district offices of the Department of Children
1497	and Family Services, community-based care lead agencies, the
1498	Agency for Workforce Innovation, the Department of Education,
1499	the Agency for Health Care Administration, the State Youth
1500	Advisory Board, Workforce Florida, Inc., the Statewide Guardian
1501	Ad Litem Office, foster parents, recipients of Road-to-
1502	Independence Program funding, and advocates for foster children.
1503	The secretary shall determine the length of the term to be
1504	served by each member appointed to the advisory council, which
1505	may not exceed 4 years.
1506	(d)  The Department of Children and Family Services shall
1507	provide administrative support to the Independent Living
1508	Services Advisory Council to accomplish its assigned tasks. The
1509	advisory council shall be afforded access to all appropriate
1510	data from the department, each community-based care lead agency,
1511	and other relevant agencies in order to accomplish the tasks set
1512	forth in this section. The data collected may not include any
1513	information that would identify a specific child or young adult.
1514	(8)  PERSONAL PROPERTY.--Property acquired on behalf of
1515	clients of this program shall become the personal property of
1516	the clients and is not subject to the requirements of chapter
1517	273 relating to state-owned tangible personal property. Such
1518	property continues to be subject to applicable federal laws.
1519	(9)  MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN FOSTER
1520	CARE.--The department shall enroll in the Florida KidCare
1521	program, outside the open enrollment period, each young adult
1522	who is eligible as described in paragraph (2)(b) and who has not
1523	yet reached his or her 19th birthday.
1524	(a)  A young adult who was formerly in foster care at the
1525	time of his or her 18th birthday and who is 18 years of age but
1526	not yet 19, shall pay the premium for the Florida KidCare
1527	program as required in s. 409.814.
1528	(b)  A young adult who has health insurance coverage from a
1529	third party through his or her employer or who is eligible for
1530	Medicaid is not eligible for enrollment under this subsection.
1531	(10)  RULEMAKING.--The department shall adopt by rule
1532	procedures to administer this section, including balancing the
1533	goals of normalcy and safety for the youth and providing the
1534	caregivers with as much flexibility as possible to enable the
1535	youth to participate in normal life experiences. The department
1536	shall not adopt rules relating to reductions in scholarship
1537	awards. The department shall engage in appropriate planning to
1538	prevent, to the extent possible, a reduction in scholarship
1539	awards after issuance.
1540	Section 12.  Paragraph (b) of subsection (2) of section
1541	409.175, Florida Statutes, is amended to read:
1542	409.175  Licensure of family foster homes, residential
1543	child-caring agencies, and child-placing agencies; public
1544	records exemption.--
1545	(2)  As used in this section, the term:
1546	(b)  "Boarding school" means a school which is accredited
1547	by the Florida Council of Independent Schools or the Southern
1548	Association of Colleges and Schools; which is accredited by the
1549	Council on Accreditation, the Commission on Accreditation of
1550	Rehabilitation Facilities, or the Coalition for Residential
1551	Education; and which is registered with the Department of
1552	Education as a school. Its program must follow established
1553	school schedules, with holiday breaks and summer recesses in
1554	accordance with other public and private school programs. The
1555	children in residence must customarily return to their family
1556	homes or legal guardians during school breaks and must not be in
1557	residence year-round, except that this provision does not apply
1558	to foreign students. The parents of these children retain
1559	custody and planning and financial responsibility. A boarding
1560	school currently in existence and a boarding school opening and
1561	seeking accreditation has 3 years to comply with the
1562	requirements of this paragraph. A boarding school must provide
1563	proof of accreditation or documentation of the accreditation
1564	process upon request. A boarding school that cannot produce the
1565	required documentation or that has not registered with the
1566	Department of Education shall be considered to be providing
1567	residential group care without a license. The department may
1568	impose administrative sanctions or seek civil remedies as
1569	provided under paragraph (11)(a).
1570	Section 13.  Subsection (4) of section 409.903, Florida
1571	Statutes, is amended to read:
1572	409.903  Mandatory payments for eligible persons.--The
1573	agency shall make payments for medical assistance and related
1574	services on behalf of the following persons who the department,
1575	or the Social Security Administration by contract with the
1576	Department of Children and Family Services, determines to be
1577	eligible, subject to the income, assets, and categorical
1578	eligibility tests set forth in federal and state law. Payment on
1579	behalf of these Medicaid eligible persons is subject to the
1580	availability of moneys and any limitations established by the
1581	General Appropriations Act or chapter 216.
1582	(4)  A child who is eligible under Title IV-E of the Social
1583	Security Act for subsidized board payments, foster care, or
1584	adoption subsidies, and a child for whom the state has assumed
1585	temporary or permanent responsibility and who does not qualify
1586	for Title IV-E assistance but is in foster care, shelter or
1587	emergency shelter care, or subsidized adoption. This category
1588	includes a young adult who is eligible to receive services under
1589	s. 409.1451(5), until the young adult reaches 20 years of age,
1590	without regard to any income, resource, or categorical
1591	eligibility test that is otherwise required. This category also
1592	includes a person who as a child who was eligible under Title
1593	IV-E of the Social Security Act for foster care or the state-
1594	provided foster care, who exited foster care due to attaining
1595	the age of 18 years, and who is a participant in the has been
1596	awarded a Road-to-Independence Program Scholarship.
1597	Section 14.  Section 743.045, Florida Statutes, is created
1598	to read:
1599	743.045  Removal of disabilities of minors; executing
1600	contracts for a residential lease.--For the sole purpose of
1601	ensuring that a youth in foster care will be able to execute a
1602	contract for the lease of residential property upon the youth's
1603	18th birthday, the disability of nonage of minors is removed for
1604	all youth who have reached 17 years of age, have been
1605	adjudicated dependent, and are in the legal custody of the
1606	Department of Children and Family Services through foster care
1607	or subsidized independent living. These youth are authorized to
1608	make and execute contracts, releases, and all other instruments
1609	necessary for the purpose of entering into a contract for the
1610	lease of residential property upon the youth's 18th birthday.
1611	The contracts or other instruments made by the youth shall have
1612	the same effect as though they were the obligations of persons
1613	who were not minors. A youth seeking to enter into such lease
1614	contracts or execute other necessary instruments that are
1615	incidental to entering into a lease must present an order from a
1616	court of competent jurisdiction removing the disabilities of
1617	nonage of the minor under this section.
1618	Section 15.  Paragraph (c) of subsection (2) of section
1619	1009.25, Florida Statutes, is amended to read:
1620	1009.25  Fee exemptions.--
1621	(2)  The following students are exempt from the payment of
1622	tuition and fees, including lab fees, at a school district that
1623	provides postsecondary career programs, community college, or
1624	state university:
1625	(c)  A student who the state has determined is eligible for
1626	the Road-to-Independence Scholarship, regardless of whether an
1627	award is issued or not, or a student who is or was at the time
1628	he or she reached 18 years of age in the custody of the
1629	Department of Children and Family Services or a relative under
1630	s. 39.5085, or who is adopted from the Department of Children
1631	and Family Services after May 5, 1997, or who, after spending at
1632	least 6 months in the custody of the department after reaching
1633	16 years of age, was placed in a guardianship by the court. Such
1634	exemption includes fees associated with enrollment in career-
1635	preparatory instruction and completion of the college-level
1636	communication and computation skills testing program. Such an
1637	exemption is available to any student who was in the custody of
1638	a relative under s. 39.5085 at the time he or she reached 18
1639	years of age or was adopted from the Department of Children and
1640	Family Services after May 5, 1997; however, the exemption
1641	remains valid for no more than 4 years after the date of
1642	graduation from high school.
1643	Section 16.  For fiscal year 2006-2007, the sum of $243,557
1644	is appropriated from the General Revenue Fund to the Executive
1645	Office of the Governor for the establishment of the Office of
1646	Child Abuse Prevention, the sum of $236,376 is appropriated from
1647	the General Revenue Fund to the Department of Children and
1648	Family Services to handle the increased workload as a result of
1649	the mandatory reporting requirement for public school personnel,
1650	and the sum of $2,802,522 is appropriated from the General
1651	Revenue Fund and the sum of $3,994,766 is appropriated from the
1652	Medical Care Trust Fund to the Agency for Health Care
1653	Administration to fund the Medicaid expansion.
1654	Section 17.  This act shall take effect July 1, 2006,
1655	except that s. 409.1451(2) and (5)(b)2.a., Florida
1656	Statutes, as amended by this act, shall take effect only if a
1657	specific appropriation to fund the provisions of those sections
1658	is made in the General Appropriations Act for fiscal year 2006-
1659	2007.

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