HB 627

1	A bill to be entitled
2	An act relating to transitional services for youth;
3	amending s. 985.03, F.S.; defining the term "transition to
4	adulthood"; creating s. 985.461, F.S.; providing
5	legislative intent concerning transition to adulthood
6	services for youth in the custody of the Department of
7	Juvenile Justice; providing for eligibility for services
8	from both departments for youth served by the department
9	who are legally in the custody of the Department of
10	Children and Family Services; providing that an
11	adjudication of delinquency does not, by itself,
12	disqualify a youth in foster care from certain services
13	from the Department of Children and Family Services;
14	providing powers and duties of the Department of Juvenile
15	Justice for transition services; providing for
16	assessments; providing for a plan for a youth leading to
17	independence; amending s. 985.0301, F.S.; providing for
18	retention of court jurisdiction over a child for a
19	specified period beyond the child's 19th birthday if the
20	child is participating in a transition to adulthood
21	program; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Subsections (56) and (57) of section 985.03,
26	Florida Statutes, are renumbered as subsections (57) and (58),
27	respectively, and a new subsection (56) is added to that section
28	to read:
29	985.03  Definitions.-As used in this chapter, the term:
30	(56)  "Transition to adulthood" means services for youth in
31	the custody of the department or under the supervision of the
32	department with the objective of acquisition of knowledge,
33	skills, and aptitudes that are essential to pro-social, self-
34	supporting adult life. The services available under this
35	definition may include, but are not limited to:
36	(a)  Assessment of the youth's ability and readiness for
37	adult life.
38	(b)  A plan for the youth to acquire knowledge,
39	information, and counseling sufficient to make a successful
40	transition to adulthood.
41	(c)  Services that have proven effective towards achieving
42	the objective of transition to adulthood.
43	Section 2.  Section 985.461, Florida Statutes, is created
44	to read:
45	985.461  Transition to adulthood.-
46	(1)  The Legislature finds that older youths are faced with
47	the need to learn how to support themselves. Additional tasks
48	for these youths are to support themselves with legal means and
49	to overcome the stigma of being delinquent. The source in most,
50	but not all, cases for expediting this transition process is
51	parents.
52	(2)  It is the intent of the Legislature that the
53	department may provide to older youths in its custody or under
54	its supervision opportunities to participate in transition to
55	adulthood services while in the department's commitment programs
56	or in probation or conditional release programs in the
57	community. These activities should be reasonable and appropriate
58	for the youths' respective ages or for any special needs they
59	may have and shall provide them with services to build life
60	skills and increase their ability to live independently and
61	become self-sufficient.
62	(3)  Youth served by the department who are legally in the
63	custody of the Department of Children and Family Services, and
64	who entered a juvenile justice placement from a foster care
65	placement, remain eligible to receive services pursuant to s.
66	409.1451. Court-ordered commitment or probation with the
67	department is not a barrier to eligibility for the array of
68	sources available to a youth if he or she were in dependency
69	foster care alone.
70	(4)  For dependent children in the foster care system,
71	adjudication for delinquency may not be considered, by itself,
72	as disqualifying criteria for eligibility in the Independent
73	Living Program of the Department of Children and Family
74	Services. If upon exiting a departmental residential program the
75	youth's family abandons or deserts him or her or otherwise
76	refuses to resume their parental duties, the adjudication of
77	delinquency is not an impediment to a subsequent adjudication of
78	dependency and eligibility for the foster care system operated
79	by the Department of Children and Family Services.
80	(5)  To support the provision of opportunities for
81	participation in transition to adulthood services and within
82	appropriated resources, the department may:
83	(a)  Assess the child's skills and abilities to live
84	independently and become self-sufficient. The specific services
85	to be provided to a child shall be determined using an
86	assessment of his or her readiness for adult life.
87	(b)  Develop a list of age-appropriate activities and
88	responsibilities to be incorporated in the child's written case
89	plan for any youth 17 years of age or older who is under the
90	custody or supervision of the department. Activities may
91	include, but are not limited to, life skills training, including
92	training to develop banking and budgeting skills, interviewing
93	and career planning skills, parenting skills, personal health
94	management, and time management or organizational skills;
95	educational support; employment training; and counseling.
96	(c)  Provide information related to social security
97	insurance benefits and public assistance.
98	(d)  Request parental or guardian permission for the youth
99	to participate in the transition to adulthood services. Upon
100	such consent, the age-appropriate activities shall be
101	incorporated into the youth's written case plan. This plan may
102	include specific goals and objectives and be reviewed and
103	updated at least quarterly. If the parent or guardian is
104	cooperative, the plan must not interfere with the parent's or
105	guardian's rights to nurture and train his or her child in ways
106	that are otherwise in compliance with the law and any court
107	order.
108	(e)  Contract for transition to adulthood programs, which
109	include residential services and assistance, that allow for the
110	child to live independently of the daily care and supervision of
111	an adult in a setting that is not required to be licensed under
112	s. 409.175. A child under the care or supervision of the
113	department who has reached 17 years of age but is not yet 19
114	years of age is eligible for such services if he or she is not a
115	danger to the public and is able to demonstrate at least
116	minimally sufficient skill and aptitude for living with
117	decreased adult supervision, as determined by the department,
118	using established procedures and assessments.
119	(6)  For a child who is 17 years of age or older, under the
120	department's care or supervision, and without benefit of parents
121	or legal guardians capable of assisting the child in the
122	transition to adult life, the department may provide an
123	assessment to determine the child's skills and abilities to live
124	independently and become self-sufficient. Based on the results
125	of the assessment, and within existing resources, services and
126	training may be provided to the child to develop the necessary
127	skills and abilities prior to the child's 18th birthday.
128	(7)  Services focused on the transition to adulthood for a
129	child must be part of an overall plan leading to the total
130	independence of the child from the department's supervision. The
131	plan must include, but need not be limited to, a description of
132	the skills of the child and a plan for learning additional
133	identified skills; the behavior that the child has exhibited
134	which indicates an ability to be responsible and a plan for
135	developing additional responsibilities, as appropriate; a plan
136	for future educational, vocational, and training skills; present
137	financial and budgeting capabilities and a plan for improving
138	resources and abilities; a description of the proposed
139	residence; documentation that the child understands the specific
140	consequences of his or her conduct in such a program;
141	documentation of proposed services to be provided by the
142	department and other agencies, including the type of service and
143	the nature and frequency of contact; and a plan for maintaining
144	or developing relationships with family, other adults, friends,
145	and the community, as appropriate.
146	Section 3.  Paragraph (a) of subsection (5) of section
147	985.0301, Florida Statutes, is amended to read:
148	985.0301  Jurisdiction.-
149	(5)(a)  Notwithstanding ss. 743.07, 985.43, 985.433,
150	985.435, 985.439, and 985.441, and except as provided in ss.
151	985.461, 985.465, and 985.47 and paragraph (f), when the
152	jurisdiction of any child who is alleged to have committed a
153	delinquent act or violation of law is obtained, the court shall
154	retain jurisdiction, unless relinquished by its order, until the
155	child reaches 19 years of age, with the same power over the
156	child that the court had prior to the child becoming an adult.
157	For purposes of s. 985.461, the court may retain jurisdiction
158	for an additional 365 days beyond the child's 19th birthday if
159	the child is participating in a transition to adulthood program.
160	Section 4.  This act shall take effect July 1, 2010.

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