Florida Senate - 2011              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1902
       
       
       
       
       
                                Barcode 121854                          
       
       586-02945A-11                                                   
       Proposed Committee Substitute by the Committee on Children,
       Families, and Elder Affairs
    1                        A bill to be entitled                      
    2         An act relating to independent living; amending s.
    3         39.013, F.S.; requiring the court to retain
    4         jurisdiction over a child until the child is 21 years
    5         of age if the child elects to receive Foundations
    6         First Program services; providing for an annual
    7         judicial review; amending s. 39.6012, F.S.; requiring
    8         assurance in a child’s case plan that efforts were
    9         made to avoid a change in the child’s school;
   10         requiring that the case plan contain procedures for an
   11         older child to directly access and manage a personal
   12         allowance; creating s. 39.6015, F.S.; providing
   13         purpose and legislative intent with respect to the
   14         provision of services for older children who are in
   15         licensed care; requiring the documentation of
   16         assurances that school stability is considered when a
   17         child in care is moved; providing for the same
   18         assurances for children with disabilities; defining
   19         the term “school of origin”; requiring that the
   20         Department of Children and Family Services or the
   21         community-based provider provide reimbursement for the
   22         costs of transportation provided for a child in care;
   23         requiring changes in a child’s school to be minimally
   24         disruptive; specifying criteria to be considered by
   25         the department and community-based provider during the
   26         transition of a child to another school; requiring
   27         children in care to attend school; requiring scheduled
   28         appointments to consider the child’s school
   29         attendance; providing penalties for caregivers who
   30         refuse or fail to ensure that the child attends school
   31         regularly; specifying who may serve as an education
   32         advocate; requiring documentation that an education
   33         advocate or surrogate parent has been designated or
   34         appointed for a child in care; requiring a child in
   35         middle school to complete an electronic personal
   36         academic and career plan; requiring caregivers to
   37         attend school meetings; specifying requirements for
   38         individual education transition plan meetings for
   39         children with disabilities; requiring that a child be
   40         provided with information relating to the Road-to
   41         Independence Program; requiring that the caregiver or
   42         education advocate attend parent-teacher conferences;
   43         requiring that a caregiver be provided with access to
   44         school resources in order to enable a child to achieve
   45         educational success; requiring the delivery of a
   46         curriculum model relating to self-advocacy; requiring
   47         documentation of a child’s progress, the services
   48         needed, and the party responsible for providing
   49         services; specifying choices for a child with respect
   50         to diplomas and certificates for high school
   51         graduation or completion; providing that a child with
   52         a disability may stay in school until 22 years of age
   53         under certain circumstances; requiring caregivers to
   54         remain involved in the academic life of child in high
   55         school; requiring documentation of a child’s progress,
   56         the services needed, and the party who is responsible
   57         for providing services; providing for a child to be
   58         exposed to job-preparatory instruction, enrichment
   59         activities, and volunteer and service opportunities,
   60         including activities and services offered by the
   61         Agency for Workforce Innovation; requiring that
   62         children in care be afforded opportunities to
   63         participate in the usual activities of school,
   64         community, and family life; requiring caregivers to
   65         encourage and support a child’s participation in
   66         extracurricular activities; requiring that
   67         transportation be provided for a child; providing for
   68         the development of a transition plan; specifying the
   69         contents of a transition plan; requiring that the plan
   70         be reviewed by the court; requiring that a child be
   71         provided with specified documentation; requiring that
   72         the transition plan be coordinated with the case plan
   73         and a transition plan prepared pursuant to the
   74         Individuals with Disabilities Education Act for a
   75         child with disabilities; requiring the creation of a
   76         notice that specifies the options that are available
   77         to the child; requiring that community-based care lead
   78         agencies and contracted providers report specified
   79         data to the department and Legislature; amending s.
   80         39.701, F.S.; conforming terminology; specifying the
   81         required considerations during judicial review of a
   82         child under the jurisdiction of the court; specifying
   83         additional documents that must be provided to a child
   84         and that must be verified at the judicial review;
   85         requiring judicial review of a transition plan;
   86         amending s. 409.1451, F.S., relating to the Road-to
   87         Independence Program; creating the Foundations First
   88         Program for young adults who want to remain in care
   89         after reaching 18 years of age; providing eligibility,
   90         termination, and reentry requirements for the program;
   91         requiring a court hearing before termination;
   92         providing for the development of a transition plan;
   93         specifying the contents of the transition plan;
   94         requiring that a young adult be provided with
   95         specified documentation; requiring that the transition
   96         plan be coordinated with the case plan and a
   97         transition plan prepared pursuant to the Individuals
   98         with Disabilities Education Act for a young adult with
   99         disabilities; requiring the creation of a notice that
  100         specifies the options that are available to the young
  101         adult; requiring annual judicial reviews; creating the
  102         College Bound Program for young adults who have
  103         completed high school and have been admitted to an
  104         eligible postsecondary institution; providing
  105         eligibility requirements; providing for a stipend;
  106         requiring satisfactory academic progress for
  107         continuation of the stipend; providing for
  108         reinstatement of the stipend; providing for
  109         portability of services for a child or young adult who
  110         moves out of the county or out of state; specifying
  111         data required to be reported to the department and
  112         Legislature; conforming terminology relating to the
  113         Independent Living Services Advisory Council;
  114         providing rulemaking authority to the Department of
  115         Children and Family Services; amending s. 409.903,
  116         F.S.; conforming a cross-reference; requiring the
  117         department to amend the case plan and judicial social
  118         service review formats; providing for young adults
  119         receiving transition services to continue to receive
  120         existing services until their eligibility for that
  121         benefit program expires; requiring the department to
  122         develop a request for proposal for the creation of an
  123         education advocacy system; requiring the department to
  124         contract with a national nonprofit organization to
  125         administer the Road-to-Independence Program; providing
  126         an effective date.
  127  
  128  Be It Enacted by the Legislature of the State of Florida:
  129  
  130         Section 1. Subsection (2) of section 39.013, Florida
  131  Statutes, is amended to read:
  132         39.013 Procedures and jurisdiction; right to counsel.—
  133         (2) The circuit court has exclusive original jurisdiction
  134  of all proceedings under this chapter, of a child voluntarily
  135  placed with a licensed child-caring agency, a licensed child
  136  placing agency, or the department, and of the adoption of
  137  children whose parental rights have been terminated under this
  138  chapter. Jurisdiction attaches when the initial shelter
  139  petition, dependency petition, or termination of parental rights
  140  petition is filed or when a child is taken into the custody of
  141  the department. The circuit court may assume jurisdiction over
  142  any such proceeding regardless of whether the child was in the
  143  physical custody of both parents, was in the sole legal or
  144  physical custody of only one parent, caregiver, or some other
  145  person, or was in the physical or legal custody of no person
  146  when the event or condition occurred that brought the child to
  147  the attention of the court. When the court obtains jurisdiction
  148  of any child who has been found to be dependent, the court shall
  149  retain jurisdiction, unless relinquished by its order, until the
  150  child reaches 18 years of age. However, if a young adult youth
  151  petitions the court at any time before his or her 19th birthday
  152  requesting the court’s continued jurisdiction, the juvenile
  153  court may retain jurisdiction under this chapter for a period
  154  not to exceed 1 year following the young adult’s youth’s 18th
  155  birthday for the purpose of determining whether appropriate
  156  aftercare support, Road-to-Independence Program, transitional
  157  support, mental health, and developmental disability services
  158  that were required to be provided to the young adult before
  159  reaching 18 years of age, to the extent otherwise authorized by
  160  law, have been provided to the formerly dependent child who was
  161  in the legal custody of the department immediately before his or
  162  her 18th birthday. If a young adult chooses to participate in
  163  the Foundations First Program, the court shall retain
  164  jurisdiction until the young adult leaves the program as
  165  provided for in s. 409.1451(4). The court shall review the
  166  status of the young adult at least every 12 months or more
  167  frequently if the court deems it necessary. If a petition for
  168  special immigrant juvenile status and an application for
  169  adjustment of status have been filed on behalf of a foster child
  170  and the petition and application have not been granted by the
  171  time the child reaches 18 years of age, the court may retain
  172  jurisdiction over the dependency case solely for the purpose of
  173  allowing the continued consideration of the petition and
  174  application by federal authorities. Review hearings for the
  175  child shall be set solely for the purpose of determining the
  176  status of the petition and application. The court’s jurisdiction
  177  terminates upon the final decision of the federal authorities.
  178  Retention of jurisdiction in this instance does not affect the
  179  services available to a young adult under s. 409.1451. The court
  180  may not retain jurisdiction of the case after the immigrant
  181  child’s 22nd birthday.
  182         Section 2. Subsections (2) and (3) of section 39.6012,
  183  Florida Statutes, are amended, and subsection (4) is added to
  184  that section, to read:
  185         39.6012 Case plan tasks; services.—
  186         (2) The case plan must include all available information
  187  that is relevant to the child’s care including, at a minimum:
  188         (a) A description of the identified needs of the child
  189  while in care.
  190         (b) A description of the plan for ensuring that the child
  191  receives safe and proper care and that services are provided to
  192  the child in order to address the child’s needs. To the extent
  193  available and accessible, the following health, mental health,
  194  and education information and records of the child must be
  195  attached to the case plan and updated throughout the judicial
  196  review process:
  197         1. The names and addresses of the child’s health, mental
  198  health, and educational providers;
  199         2. The child’s grade level performance;
  200         3. The child’s school record;
  201         4. Assurances that the child’s placement takes into account
  202  proximity to the school in which the child is enrolled at the
  203  time of placement and that efforts were made to allow the child
  204  to remain in that school if it is in the best interest of the
  205  child;
  206         5. A record of the child’s immunizations;
  207         6. The child’s known medical history, including any known
  208  problems;
  209         7. The child’s medications, if any; and
  210         8. Any other relevant health, mental health, and education
  211  information concerning the child.
  212         (3) In addition to any other requirement, if the child is
  213  in an out-of-home placement, the case plan must include:
  214         (a) A description of the type of placement in which the
  215  child is to be living.
  216         (b) A description of the parent’s visitation rights and
  217  obligations and the plan for sibling visitation if the child has
  218  siblings and is separated from them.
  219         (c) When appropriate, for a child who is in middle school
  220  or high school 13 years of age or older, a written description
  221  of the programs and services that will help the child prepare
  222  for the transition from foster care to independent living.
  223         (d) A discussion of the safety and the appropriateness of
  224  the child’s placement, which placement is intended to be safe,
  225  and the least restrictive and the most family-like setting
  226  available consistent with the best interest and special needs of
  227  the child and in as close proximity as possible to the child’s
  228  home.
  229         (4) The case plan must contain procedures for an older
  230  child to directly access and manage the personal allowance he or
  231  she receives from the department in order to learn
  232  responsibility and participate, to the extent feasible, in age
  233  appropriate life skills activities.
  234         Section 3. Section 39.6015, Florida Statutes, is created to
  235  read:
  236         39.6015Services for older children in care.—
  237         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  238  education and the other positive experiences of a child are key
  239  to a successful future as an adult and that it is particularly
  240  important for a child in care to be provided with opportunities
  241  to succeed. The Legislature intends that individuals and
  242  communities become involved in the education of a child in care,
  243  address issues that will improve the educational outcomes for
  244  the child, and find ways to ensure that the child values and
  245  receives a high-quality education. Many professionals in the
  246  local community understand these issues, and it is the intent of
  247  the Legislature that biological parents, caregivers, educators,
  248  advocates, the department and its community-based care
  249  providers, guardians ad litem, and judges, in fulfilling their
  250  responsibilities to the child, work together to ensure that an
  251  older child in care has access to the same academic resources,
  252  services, and extracurricular and enrichment activities that are
  253  available to all children. Engaging an older child in a broad
  254  range of the usual activities of family, school, and community
  255  life during adolescence will help to empower the child in his or
  256  her transition into adulthood and in living independently. The
  257  Legislature intends for services to be delivered in an age
  258  appropriate and developmentally appropriate manner, along with
  259  modifications or accommodations as may be necessary to include
  260  every child, specifically including a child with a disability.
  261  It is also the intent of the Legislature that while services to
  262  prepare an older child for life on his or her own are important,
  263  these services will not diminish efforts to achieve permanency
  264  goals of reunification, adoption, or permanent guardianship.
  265         (2) EDUCATION PROVISIONS.—Perhaps more than any other
  266  population, an older child in care is in need of a quality
  267  education. The child depends on the school to provide positive
  268  role models, to provide a network of relationships and
  269  friendships that will help the child gain social and personal
  270  skills, and to provide the educational opportunities and other
  271  activities that are needed for a successful transition into
  272  adulthood.
  273         (a) Definitions.As used in this section, the term:
  274         1. “Caregiver” has the same meaning as provided in s.
  275  39.01(10) and also includes a staff member of the group home or
  276  facility in which the child resides.
  277         2. “School of origin” means the school that the child
  278  attended before coming into care or the school in which the
  279  child was last enrolled. If the child is relocated outside the
  280  area of the school of origin, the department and its community
  281  based providers shall provide the necessary support to the
  282  caregiver so that the child can continue enrollment in the
  283  school of origin if it is in the best interest of the child.
  284         (b) School stability.—The mobility of a child in care can
  285  disrupt the educational experience. Whenever a child enters
  286  care, or is moved from one home to another, the proximity of the
  287  new home to the child’s school of origin shall be considered.
  288  The case plan must include tasks or a plan for ensuring the
  289  child’s educational stability while in care. As part of this
  290  plan, the community-based care provider shall document
  291  assurances that:
  292         1. The appropriateness of the current educational setting
  293  and the proximity to the school in which the child is enrolled
  294  at the time of coming into care have been taken into
  295  consideration.
  296         2. The community-based care provider has coordinated with
  297  the appropriate local school district to determine if the child
  298  can remain in the school in which he or she is enrolled.
  299         3. The child in care has been asked about his or her
  300  educational preferences and needs, including his or her view on
  301  whether to change schools when the living situation changes.
  302         4. A child with a disability is allowed to continue in an
  303  appropriate educational setting, regardless of changes to the
  304  location of the home, and transportation is addressed and
  305  provided in accordance with the child’s individualized education
  306  program. A child with a disability shall receive the protections
  307  provided in federal and state law, including timelines for
  308  evaluations, implementation of an individualized education plan
  309  or an individual family service plan, and placement in the least
  310  restrictive environment, even when the child changes school
  311  districts.
  312         5. The department and its community-based providers shall
  313  provide special reimbursement for expenses associated with
  314  transporting a child to his or her school of origin if the
  315  school district does not provide transportation or the
  316  individualized education plan does not include transportation as
  317  a service. Transportation arrangements shall follow a route that
  318  is as direct and expedient for the child as is reasonably
  319  possible.
  320         (c) School transitions.A change in schools, if necessary,
  321  shall be as least disruptive as possible, and the support
  322  necessary for a successful transition shall be provided by the
  323  department, the community-based provider, and the caregiver. The
  324  department and the community-based providers shall work with
  325  school districts to develop and implement procedures to ensure
  326  that a child in care:
  327         1. Is enrolled immediately in a new school and can begin
  328  classes promptly.
  329         2. Does not experience a delay in enrollment and delivery
  330  of appropriate services due to school or record requirements as
  331  required by s. 1003.22.
  332         3. Has education records that are comprehensive and
  333  accurate and that promptly follow the child to a new school.
  334         4. Is allowed to participate in all academic and
  335  extracurricular programs, including athletics, when arriving at
  336  a new school in the middle of a school term, even if normal
  337  timelines have passed or programs are full. A district school
  338  board or school athletic association, including the Florida High
  339  School Athletic Association or successor, may not prevent, or
  340  create barriers to, the ability of a child in care to
  341  participate in age-appropriate extracurricular, enrichment, or
  342  social activities.
  343         5. Receives credit or partial credit for coursework
  344  completed at the prior school.
  345         6. Has the ability to receive a high school diploma even
  346  when the child has attended multiple schools that have varying
  347  graduation requirements.
  348         (d) School attendance.A child in care shall attend school
  349  as required by s. 1003.26.
  350         1. The community-based care provider and caregiver shall
  351  eliminate any barriers to attendance such as required school
  352  uniforms or school supplies.
  353         2. Appointments and court appearances for a child in care
  354  shall be scheduled to minimize the impact on the child’s
  355  education and to ensure that the child is not penalized for
  356  school time or work missed because of court hearings or
  357  activities related to the child welfare case.
  358         3.A caregiver who refuses or fails to ensure that a child
  359  who is in his or her care attends school regularly is subject to
  360  the same procedures and penalties as a parent under s. 1003.27.
  361         (e)Education advocacy.
  362         1. A child in care shall have an adult caregiver who is
  363  knowledgeable about schools and children in care and who serves
  364  as an education advocate to reinforce the value of the child’s
  365  investment in education, to ensure that the child receives a
  366  high-quality education, and to help the child plan for middle
  367  school, high school, and postschool training, employment, or
  368  college. The advocate may be a caregiver, care manager, guardian
  369  ad litem, educator, or individual hired and trained for the
  370  specific purpose of serving as an education advocate.
  371         2. A child in care with disabilities who is eligible for
  372  the appointment of a surrogate parent, as required in s.
  373  39.0016, shall be assigned a surrogate in a timely manner, but
  374  no later than 30 days after a determination that a surrogate is
  375  needed.
  376         3. The community-based provider shall document in the
  377  child’s case plan that an education advocate has been identified
  378  for each child in care or that a surrogate parent has been
  379  appointed for each child in care with a disability.
  380         (f) Academic requirements and support; middle school
  381  students.—A child must complete the required courses that
  382  include mathematics, English, social studies, and science in
  383  order to be promoted from a state school composed of middle
  384  grades 6, 7, and 8.
  385         1. In addition to other academic requirements, a child must
  386  complete one course in career and education planning in 7th or
  387  8th grade. The course, as required by s. 1003.4156, must include
  388  career exploration using Florida CHOICES Explorer or Florida
  389  CHOICES Planner and must include educational planning using the
  390  online student advising system known as Florida Academic
  391  Counseling and Tracking for Students at the Internet website
  392  FACTS.org.
  393         a. Each child shall complete an electronic personalized
  394  academic and career plan that must be signed by the child, the
  395  child’s teacher, guidance counselor, or academic advisor, and
  396  the child’s parent, caregiver, or other designated education
  397  advocate. Any designated advocate must have the knowledge and
  398  training to serve in that capacity.
  399         b. The required personalized academic and career plan must
  400  inform students of high school graduation requirements, high
  401  school assessment and college entrance test requirements,
  402  Florida Bright Futures Scholarship Program requirements, state
  403  university and Florida College System institution admission
  404  requirements, and programs through which a high school student
  405  may earn college credit, including Advanced Placement,
  406  International Baccalaureate, Advanced International Certificate
  407  of Education, dual enrollment, career academy opportunities, and
  408  courses that lead to national industry certification.
  409         c. A caregiver shall attend the parent meeting held by the
  410  school to inform parents about the career and education planning
  411  course curriculum and the activities associated with the
  412  curriculum.
  413         2. For a child with a disability, the decision whether to
  414  work toward a standard diploma or a special diploma shall be
  415  addressed at the meeting on the individual education transition
  416  plan conducted during the child’s 8th grade or the year the
  417  child turns 14 years of age, whichever occurs first. The child
  418  shall be invited to participate in this and each subsequent
  419  transition plan meeting. At this meeting, the individual
  420  education transition plan team, including the child, the
  421  caregiver, and other designated education advocate, shall
  422  determine whether a standard or special diploma best prepares
  423  the child for his or her education and career goals after high
  424  school.
  425         a. The team shall plan the appropriate course of study,
  426  which may include basic education courses, career education
  427  courses, and exceptional student education courses.
  428         b. The team shall identify any special accommodations,
  429  modifications, and related services needed to help the child
  430  participate fully in the educational program.
  431         c. All decisions shall be documented on the individual
  432  education transition plan, and this information shall be used to
  433  guide the child’s educational program as he or she enters high
  434  school.
  435         3. A caregiver or the community-based care provider shall
  436  provide the child with all information related to the Road-to
  437  Independence Program as provided in s. 409.1451.
  438         4. A caregiver or another designated education advocate
  439  shall attend parent-teacher conferences and monitor each child’s
  440  academic progress.
  441         5. Each district school board, as required by s. 1002.23,
  442  shall develop and implement a well-planned, inclusive, and
  443  comprehensive program to assist parents and families in
  444  effectively participating in their child’s education. A school
  445  district shall have available resources and services for parents
  446  and their children, such as family literacy services; mentoring,
  447  tutorial, and other academic reinforcement programs; college
  448  planning, academic advisement, and student counseling services;
  449  and after-school programs. A caregiver shall access these
  450  resources as necessary to enable the child in his or her care to
  451  achieve educational success.
  452         6. A child in care, particularly a child with a disability,
  453  shall be involved and engaged in all aspects of his or her
  454  education and educational planning and must be empowered to be
  455  an advocate for his or her education needs. Community-based care
  456  providers shall enter into partnerships with school districts to
  457  deliver curriculum on self-determination or self-advocacy to
  458  engage and empower the child to be his or her own advocate,
  459  along with support from the caregiver, community-based care
  460  provider, guardian ad litem, teacher, school guidance counselor,
  461  and other designated education advocate.
  462         7. The community-based care provider shall document in the
  463  case plan evidence of the child’s progress toward, and
  464  achievement of, academic, life, social, and vocational skills.
  465  The case plan shall be amended to fully and accurately reflect
  466  the child’s academic and career plan, identify the services and
  467  tasks needed to support that plan, and identify the party
  468  responsible for accomplishing the tasks or providing the needed
  469  services.
  470         (g) Academic requirements and support; high school
  471  students.Graduation from high school is essential for a child
  472  to be able to succeed and live independently as an adult. In
  473  Florida, 70 percent of children in care reach 18 years of age
  474  without having obtained a high school diploma. It is the
  475  responsibility of the department, its community-based providers,
  476  and caregivers to ensure that a child in care is able to take
  477  full advantage of every resource and opportunity in order to be
  478  able to graduate from high school and be adequately prepared to
  479  pursue postsecondary education at a college or university or to
  480  acquire the education and skills necessary to enter the
  481  workplace. In preparation for accomplishing education and career
  482  goals after high school, the child must select the appropriate
  483  course of study which best meets his or her needs.
  484         1. An older child who plans to attend a college or
  485  university after graduation must take certain courses to meet
  486  state university admission requirements. The course requirements
  487  for state university admission are the same for two Bright
  488  Futures Scholarship awards, the Florida Academic Scholars award,
  489  and the Florida Medallion Scholars award. By following this
  490  course of study, which is required for state university
  491  admission and recommended if the child intends to pursue an
  492  associate in arts degree at a Florida College System institution
  493  and transfer to a college or university to complete a bachelor’s
  494  degree, the child will meet the course requirements for high
  495  school graduation, state university admission, and two Bright
  496  Futures Scholarship awards.
  497         2. An older child who plans on a career technical program
  498  in high school to gain skills for work or continue after
  499  graduation at a Florida College System institution, technical
  500  center, or registered apprenticeship program should choose a
  501  course of study which meets the course requirements for high
  502  school graduation, the third Bright Futures Scholarship award,
  503  and the Florida Gold Seal Vocational Scholars award. This course
  504  of study is recommended if the child intends to pursue a
  505  technical certificate or license, an associate degree, or a
  506  bachelor’s degree, or wishes to gain specific career training.
  507         3. An older child with a disability may choose to work
  508  toward a standard diploma, a special diploma, or a certificate
  509  of completion. The child shall be assisted in choosing a diploma
  510  option by school and district staff through the development of
  511  the individual education plan. The diploma choice shall be
  512  reviewed each year at the child’s individual education plan
  513  meeting.
  514         a. An older child or young adult with a disability who has
  515  not earned a standard diploma or who has been awarded a special
  516  diploma, certificate of completion, or special certificate of
  517  completion before reaching 22 years of age may stay in school
  518  until he or she reaches 22 years of age.
  519         b. The school district shall continue to offer services
  520  until the young adult reaches 22 years of age or until he or she
  521  earns a standard diploma, whichever occurs first, as required by
  522  the Individuals with Disabilities Education Act.
  523         4. This paragraph does not preclude an older child from
  524  seeking the International Baccalaureate Diploma or the Advanced
  525  International Certificate of Education Diploma.
  526         5. Educational guidance and planning for high school shall
  527  be based upon the decisions made during middle school.
  528  Caregivers shall remain actively involved in the child’s
  529  academic life by attending parent-teacher conferences and by
  530  taking advantage of available resources to enable the child to
  531  achieve academic success.
  532         6. The community-based care provider shall document in the
  533  case plan evidence of the child’s progress toward, and
  534  achievement of, academic, life, social, and vocational skills.
  535  The case plan shall be amended to completely reflect the child’s
  536  academic and career plan, identify the services and tasks needed
  537  to support that plan, and identify the party responsible for
  538  accomplishing the tasks or providing the needed services. At a
  539  minimum, a case staffing must be held annually before the child
  540  reaches 16 years of age and every 6 months thereafter to ensure
  541  that the child’s case plan is up to date.
  542         7. Participation in workforce readiness activities is
  543  essential for a child in care at the high school level to
  544  prepare himself or herself to be a self-supporting and
  545  productive adult. The caregiver and the community-based care
  546  provider shall ensure that each child:
  547         a. Who is interested in pursuing a career after high school
  548  graduation is exposed to job-preparatory instruction in the
  549  competencies that prepare students for effective entry into an
  550  occupation, including diversified cooperative education, work
  551  experience, and job-entry programs that coordinate directed
  552  study and on-the-job training.
  553         b. Is provided with the opportunity to participate in
  554  enrichment activities that increase the child’s understanding of
  555  the workplace, to explore careers, and to develop goal-setting,
  556  decisionmaking, and time-management skills.
  557         c. Is provided with volunteer and service learning
  558  opportunities in order to develop workplace and planning skills,
  559  self esteem, and personal leadership skills.
  560         d. Is provided with an opportunity to participate in
  561  activities and services provided by the Agency for Workforce
  562  Innovation and its regional workforce boards which prepare all
  563  young adults, including those with a disability, for the
  564  workforce.
  565         (3) EXTRACURRICULAR ACTIVITIES.—An older child in care
  566  shall be accorded to the fullest extent possible the opportunity
  567  to participate in the activities of community, school, and
  568  family life.
  569         (a) A caregiver shall encourage and support participation
  570  in age-appropriate extracurricular and social activities for an
  571  older child, including a child with a disability.
  572         (b) A caregiver shall provide transportation for such
  573  activities, and community-based care providers shall reimburse
  574  the caregiver for the expenses associated with such activities,
  575  including mileage reimbursement.
  576         (c) The department and its community-based providers may
  577  not place an older child in a home if the caregiver does not
  578  encourage or facilitate participation in and provide
  579  transportation to the extracurricular activities of the child’s
  580  choice, unless other arrangements can be made by the community
  581  based care provider to enable the child’s participation in such
  582  activities.
  583         (d) A caregiver’s license or licensure status is not
  584  affected by the age-appropriate actions of a child engaging in
  585  activities while in his or her care.
  586         (4) DEVELOPMENT OF THE TRANSITION PLAN.—If a child is
  587  planning to leave care upon reaching 18 years of age, during the
  588  180-day period before the child reaches 18 years of age, the
  589  department and community-based care provider, in collaboration
  590  with the caregiver, any other designated education advocate, and
  591  any other individual whom the child would like to have included,
  592  shall assist and support the older child in developing a
  593  transition plan. The transition plan must take into account all
  594  of the education and other skills achieved by the child in
  595  middle and high school, must include specific options for the
  596  child on housing, health insurance, education, local
  597  opportunities for mentors and continuing support services, and
  598  workforce support and employment services, and must be reviewed
  599  by the court during the last review hearing before the child
  600  reaches 18 years of age. In developing the plan, the department
  601  and community-based provider shall:
  602         (a) Provide the child with the documentation required in s.
  603  39.701(7);
  604         (b) Coordinate with local public and private entities in
  605  designing the transition plan as appropriate;
  606         (c) Coordinate the transition plan with the independent
  607  living provisions in the case plan and the Individuals with
  608  Disabilities Education Act transition plan for a child with a
  609  disability; and
  610         (d) Create a clear and developmentally appropriate notice
  611  specifying the options available for a young adult who chooses
  612  to remain in care for a longer period. The notice must include
  613  information about what services the child is eligible for and
  614  how such services may be obtained.
  615         (5) ACCOUNTABILITY.—
  616         (a) The community-based care lead agencies and its
  617  contracted providers shall report to the department the
  618  following information:
  619         1. The total number of children in care who are enrolled in
  620  middle school, high school, adult high school, and GED programs
  621  and, in a breakdown by age, how many had their living
  622  arrangements change one time and how many were moved two or more
  623  times. For the children who were moved, how many had to change
  624  schools and how many of those changes were due to a lack of
  625  transportation.
  626         2. For those children for whom transportation was provided,
  627  how many children were provided transportation, how the
  628  transportation was provided, how it was paid for, and the amount
  629  of the total expenditure by the lead agency.
  630         3. The same information required in subparagraphs 1. and
  631  2., specific to children in care with a disability.
  632         4. In a breakdown by age, for those children who changed
  633  schools at least once, how many children experienced problems in
  634  the transition, what kinds of problems were encountered, and
  635  what steps the lead agency and the caregiver took to remedy
  636  those problems.
  637         5. In a breakdown by age, out of the total number of
  638  children in care, the number of children who were absent from
  639  school more than 10 days in a semester and the steps taken by
  640  the lead agency and the caregiver to reduce absences.
  641         6. Evidence that the lead agency has established a working
  642  relationship with each school district in which a child in care
  643  attends school.
  644         7. In a breakdown by age, out of the total number of
  645  children in care, the number who have documentation in the case
  646  plan that either an education advocate or a surrogate parent has
  647  been designated or appointed.
  648         8. In a breakdown by age, out of the total number of
  649  children in care, the number of children who have documentation
  650  in the case plan that they have an education advocate who
  651  regularly participates in parent-teacher meetings and other
  652  school-related activities.
  653         9. For those children in care who have finished 8th grade,
  654  the number of children who have documentation in the case plan
  655  that they have completed the academic and career plan required
  656  by s. 1003.4156 and that the child and the caregiver have signed
  657  the plan.
  658         10. For those children in care who have a disability and
  659  have finished 8th grade, the number of children who have
  660  documentation in the case plan that they have had an individual
  661  education transition plan meeting.
  662         11. In a breakdown by age, the total number of children in
  663  care who are in middle school or high school. For each age, the
  664  number of children who are reading at or above grade level, the
  665  number of children who have successfully completed the FCAT and
  666  end-of-course assessments, the number of children who have
  667  dropped out of school, the number of children who have enrolled
  668  in any dual enrollment or advanced placement courses, and the
  669  number of children completing the required number of courses,
  670  assessments, and hours needed to be promoted to the next grade
  671  level.
  672         12. With a breakdown by age, the total number of children
  673  in care who are in middle school or high school. For each age,
  674  the number of children who have documentation in the case plan
  675  that they are involved in at least one extracurricular activity,
  676  whether it is a school-based or community-based activity,
  677  whether they are involved in at least one service or volunteer
  678  activity, and who provides the transportation.
  679         13. The total number of children in care who are 17 years
  680  of age and who are obtaining services from the lead agency or
  681  its contracted providers and how many of that total number have
  682  indicated that they plan to remain in care after turning 18
  683  years of age, and for those children who plan to leave care, how
  684  many children have a transition plan.
  685         14. A breakdown of documented expenses for children in
  686  middle and high school.
  687         (b) Each community-based care lead agency shall provide its
  688  report to the department by September 30 of each year. The
  689  department shall compile the reports from each community-based
  690  care lead agency and provide them to the Legislature by December
  691  31 of each year, with the first report due to the Legislature on
  692  December 31, 2012.
  693         Section 4. Subsections (7), (8), and (9) of section 39.701,
  694  Florida Statutes, are amended to read:
  695         39.701 Judicial review.—
  696         (7)(a) In addition to paragraphs (1)(a) and (2)(a), the
  697  court shall hold a judicial review hearing within 90 days after
  698  a child’s youth’s 17th birthday. The court shall also issue an
  699  order, separate from the order on judicial review, that the
  700  disability of nonage of the child youth has been removed
  701  pursuant to s. 743.045. The court shall continue to hold timely
  702  judicial review hearings thereafter. In addition, the court may
  703  review the status of the child more frequently during the year
  704  prior to the child’s youth’s 18th birthday if necessary. At each
  705  review held under this subsection, in addition to any
  706  information or report provided to the court, the caregiver
  707  foster parent, legal custodian, guardian ad litem, and the child
  708  shall be given the opportunity to address the court with any
  709  information relevant to the child’s best interests, particularly
  710  as it relates to the requirements of s. 39.6015 and the Road-to-
  711  Independence Program under s. 409.1451 independent living
  712  transition services. In addition to any information or report
  713  provided to the court, the department shall include in its
  714  judicial review social study report written verification that
  715  the child has been provided with:
  716         1. Has been provided with A current Medicaid card and has
  717  been provided all necessary information concerning the Medicaid
  718  program sufficient to prepare the child youth to apply for
  719  coverage upon reaching age 18, if such application would be
  720  appropriate.
  721         2. Has been provided with A certified copy of his or her
  722  birth certificate and, if the child does not have a valid
  723  driver’s license, a Florida identification card issued under s.
  724  322.051.
  725         3. A social security card and Has been provided information
  726  relating to Social Security Insurance benefits if the child is
  727  eligible for these benefits. If the child has received these
  728  benefits and they are being held in trust for the child, a full
  729  accounting of those funds must be provided and the child must be
  730  informed about how to access those funds.
  731         4. Has been provided with information and training related
  732  to budgeting skills, interviewing skills, and parenting skills.
  733         4.5.Has been provided with All relevant information
  734  related to the Road-to-Independence Program, including, but not
  735  limited to, eligibility requirements, information on how forms
  736  necessary to participate apply, and assistance in gaining
  737  admission to the program completing the forms. The child shall
  738  also be informed that, if he or she is eligible for the Road-to
  739  Independence Program, he or she may reside with the licensed
  740  foster family or group care provider with whom the child was
  741  residing at the time of attaining his or her 18th birthday or
  742  may reside in another licensed foster home or with a group care
  743  provider arranged by the department.
  744         5.6.An opportunity to Has an open a bank account, or
  745  obtain has identification necessary to open an account, and has
  746  been provided with essential banking and budgeting skills.
  747         6.7.Has been provided with Information on public
  748  assistance and how to apply.
  749         7.8.Has been provided A clear understanding of where he or
  750  she will be living on his or her 18th birthday, how living
  751  expenses will be paid, and in what educational program or school
  752  he or she will be enrolled in.
  753         8.9.Information related to the ability Has been provided
  754  with notice of the child youth’s right to remain in care until
  755  he or she reaches 21 years of age petition for the court’s
  756  continuing jurisdiction for 1 year after the youth’s 18th
  757  birthday as specified in s. 39.013(2) and with information on
  758  how to participate in the Road-to-Independence Program obtain
  759  access to the court.
  760         9. A letter providing the dates that the child was under
  761  the jurisdiction of the court.
  762         10.A letter stating that the child was in care, in
  763  compliance with financial aid documentation requirements.
  764         11. His or her entire educational records.
  765         12. His or her entire health and mental health records.
  766         13. The process for accessing his or her case file.
  767         14.10.Encouragement Has been encouraged to attend all
  768  judicial review hearings occurring after his or her 17th
  769  birthday.
  770         (b) At the first judicial review hearing held subsequent to
  771  the child’s 17th birthday, in addition to the requirements of
  772  subsection (8), the department shall provide the court with an
  773  updated case plan that includes specific information related to
  774  the provisions of s. 39.6015, independent living services that
  775  have been provided since the child entered middle school child’s
  776  13th birthday, or since the date the child came into foster
  777  care, whichever came later.
  778         (c) At the last judicial review hearing held before the
  779  child’s 18th birthday, in addition of the requirements of
  780  subsection (8), the department shall provide to the court for
  781  review the transition plan for a child who is planning to leave
  782  care after reaching his or her 18th birthday.
  783         (d)(c) At the time of a judicial review hearing held
  784  pursuant to this subsection, if, in the opinion of the court,
  785  the department has not complied with its obligations as
  786  specified in the written case plan or in the provision of
  787  independent living services as required by s. 39.6015, s.
  788  409.1451, and this subsection, the court shall issue a show
  789  cause order. If cause is shown for failure to comply, the court
  790  shall give the department 30 days within which to comply and, on
  791  failure to comply with this or any subsequent order, the
  792  department may be held in contempt.
  793         (8)(a) Before every judicial review hearing or citizen
  794  review panel hearing, the social service agency shall make an
  795  investigation and social study concerning all pertinent details
  796  relating to the child and shall furnish to the court or citizen
  797  review panel a written report that includes, but is not limited
  798  to:
  799         1. A description of the type of placement the child is in
  800  at the time of the hearing, including the safety of the child
  801  and the continuing necessity for and appropriateness of the
  802  placement.
  803         2. Documentation of the diligent efforts made by all
  804  parties to the case plan to comply with each applicable
  805  provision of the plan.
  806         3. The amount of fees assessed and collected during the
  807  period of time being reported.
  808         4. The services provided to the caregiver foster family or
  809  legal custodian in an effort to address the needs of the child
  810  as indicated in the case plan.
  811         5. A statement that either:
  812         a. The parent, though able to do so, did not comply
  813  substantially with the case plan, and the agency
  814  recommendations;
  815         b. The parent did substantially comply with the case plan;
  816  or
  817         c. The parent has partially complied with the case plan,
  818  with a summary of additional progress needed and the agency
  819  recommendations.
  820         6. A statement from the caregiver foster parent or legal
  821  custodian providing any material evidence concerning the return
  822  of the child to the parent or parents.
  823         7. A statement concerning the frequency, duration, and
  824  results of the parent-child visitation, if any, and the agency
  825  recommendations for an expansion or restriction of future
  826  visitation.
  827         8. The number of times a child has been removed from his or
  828  her home and placed elsewhere, the number and types of
  829  placements that have occurred, and the reason for the changes in
  830  placement.
  831         9. The number of times a child’s educational placement has
  832  been changed, the number and types of educational placements
  833  which have occurred, and the reason for any change in placement.
  834         10. If the child has entered middle school reached 13 years
  835  of age but is not yet 18 years of age, the specific information
  836  contained in the case plan related to the provisions of s.
  837  39.6015 results of the preindependent living, life skills, or
  838  independent living assessment; the specific services needed; and
  839  the status of the delivery of the identified services.
  840         11. Copies of all medical, psychological, and educational
  841  records that support the terms of the case plan and that have
  842  been produced concerning the parents or any caregiver since the
  843  last judicial review hearing.
  844         12. Copies of the child’s current health, mental health,
  845  and education records as identified in s. 39.6012.
  846         (b) A copy of the social service agency’s written report
  847  and the written report of the guardian ad litem must be served
  848  on all parties whose whereabouts are known; to the caregivers
  849  foster parents or legal custodians; and to the citizen review
  850  panel, at least 72 hours before the judicial review hearing or
  851  citizen review panel hearing. The requirement for providing
  852  parents with a copy of the written report does not apply to
  853  those parents who have voluntarily surrendered their child for
  854  adoption or who have had their parental rights to the child
  855  terminated.
  856         (c) In a case in which the child has been permanently
  857  placed with the social service agency, the agency shall furnish
  858  to the court a written report concerning the progress being made
  859  to place the child for adoption. If the child cannot be placed
  860  for adoption, a report on the progress made by the child towards
  861  alternative permanency goals or placements, including, but not
  862  limited to, guardianship, long-term custody, long-term licensed
  863  custody, or independent living, must be submitted to the court.
  864  The report must be submitted to the court at least 72 hours
  865  before each scheduled judicial review.
  866         (d) In addition to or in lieu of any written statement
  867  provided to the court, the caregiver foster parent or legal
  868  custodian, or any preadoptive parent, shall be given the
  869  opportunity to address the court with any information relevant
  870  to the best interests of the child at any judicial review
  871  hearing.
  872         (9) The court and any citizen review panel shall take into
  873  consideration the information contained in the social services
  874  study and investigation and all medical, psychological, and
  875  educational records that support the terms of the case plan;
  876  testimony by the social services agency, the parent, the
  877  caregiver foster parent or legal custodian, the guardian ad
  878  litem or surrogate parent for educational decisionmaking if one
  879  has been appointed for the child, and any other person deemed
  880  appropriate; and any relevant and material evidence submitted to
  881  the court, including written and oral reports to the extent of
  882  their probative value. These reports and evidence may be
  883  received by the court in its effort to determine the action to
  884  be taken with regard to the child and may be relied upon to the
  885  extent of their probative value, even though not competent in an
  886  adjudicatory hearing. In its deliberations, the court and any
  887  citizen review panel shall seek to determine:
  888         (a) If the parent was advised of the right to receive
  889  assistance from any person or social service agency in the
  890  preparation of the case plan.
  891         (b) If the parent has been advised of the right to have
  892  counsel present at the judicial review or citizen review
  893  hearings. If not so advised, the court or citizen review panel
  894  shall advise the parent of such right.
  895         (c) If a guardian ad litem needs to be appointed for the
  896  child in a case in which a guardian ad litem has not previously
  897  been appointed or if there is a need to continue a guardian ad
  898  litem in a case in which a guardian ad litem has been appointed.
  899         (d) Who holds the rights to make educational decisions for
  900  the child. If appropriate, the court may refer the child to the
  901  district school superintendent for appointment of a surrogate
  902  parent or may itself appoint a surrogate parent under the
  903  Individuals with Disabilities Education Act and s. 39.0016.
  904         (e) The compliance or lack of compliance of all parties
  905  with applicable items of the case plan, including the parents’
  906  compliance with child support orders.
  907         (f) The compliance or lack of compliance with a visitation
  908  contract between the parent and the social service agency for
  909  contact with the child, including the frequency, duration, and
  910  results of the parent-child visitation and the reason for any
  911  noncompliance.
  912         (g) The compliance or lack of compliance of the parent in
  913  meeting specified financial obligations pertaining to the care
  914  of the child, including the reason for failure to comply if such
  915  is the case.
  916         (h) Whether the child is receiving safe and proper care
  917  according to s. 39.6012, including, but not limited to, the
  918  appropriateness of the child’s current placement, including
  919  whether the child is in a setting that is as family-like and as
  920  close to the parent’s home as possible, consistent with the
  921  child’s best interests and special needs, and including
  922  maintaining stability in the child’s educational placement, as
  923  documented by assurances from the community-based care provider
  924  that:
  925         1. The placement of the child takes into account the
  926  appropriateness of the current educational setting and the
  927  proximity to the school in which the child is enrolled at the
  928  time of placement.
  929         2. The community-based care agency has coordinated with
  930  appropriate local educational agencies to ensure that the child
  931  remains in the school in which the child is enrolled at the time
  932  of placement.
  933         (i) A projected date likely for the child’s return home or
  934  other permanent placement.
  935         (j) When appropriate, the basis for the unwillingness or
  936  inability of the parent to become a party to a case plan. The
  937  court and the citizen review panel shall determine if the
  938  efforts of the social service agency to secure party
  939  participation in a case plan were sufficient.
  940         (k) For a child who has entered middle school reached 13
  941  years of age but is not yet 18 years of age, the progress the
  942  child has made in achieving the goals outlined in s. 39.6015
  943  adequacy of the child’s preparation for adulthood and
  944  independent living.
  945         Section 5. Section 409.1451, Florida Statutes, is amended
  946  to read:
  947         (Substantial rewording of section. See
  948         s. 409.1451, F.S., for present text).
  949         409.1451 The Road-to-Independence Program.—The Legislature
  950  recognizes that most children and young adults are resilient
  951  and, with adequate support, can expect to be successful as
  952  independent adults. Not unlike all young adults, some young
  953  adults who have lived in care need additional resources and
  954  support for a period of time after reaching 18 years of age. The
  955  Legislature intends for these young adults to receive the
  956  education, training, and health care services necessary for them
  957  to become self-sufficient through the Road-to-Independence
  958  Program. A young adult who participates in the Road-to
  959  Independence Program may choose to remain in care until 21 years
  960  of age and receive help achieving his or her postsecondary goals
  961  by participating in the Foundations First Program, or he or she
  962  may choose to receive financial assistance to attend college
  963  through the College Bound Program.
  964         (1) THE FOUNDATIONS FIRST PROGRAM.—The Foundations First
  965  Program is designed for young adults who have reached 18 years
  966  of age but are not yet 21 years of age, and who need to finish
  967  high school or who have a high school diploma, or its
  968  equivalent, and want to achieve additional goals. These young
  969  adults are ready to try postsecondary or vocational education,
  970  try working part-time or full-time, or need help with issues
  971  that might stand in their way of becoming employed. Young adults
  972  who are unable to participate in any of these programs or
  973  activities full time due to an impairment, including behavioral,
  974  developmental, and cognitive disabilities, might also benefit
  975  from remaining in out-of-home care longer.
  976         (a) Eligibility; termination; and reentry.
  977         1. A young adult in care who spent at least 6 months in
  978  care before reaching 18 years of age is eligible for the
  979  Foundations First Program if he or she is:
  980         a. Completing secondary education or a program leading to
  981  an equivalent credential;
  982         b. Enrolled in an institution that provides postsecondary
  983  or vocational education;
  984         c. Participating in a program or activity designed to
  985  promote, or eliminate barriers to, employment;
  986         d. Employed for at least 80 hours per month; or
  987         e. Unable to participate in these programs or activities
  988  full time due to a physical, intellectual, emotional, or
  989  psychiatric condition that limits participation. Any such
  990  restriction to participation must be supported by information in
  991  the young adult’s case file or school or medical records of a
  992  physical, intellectual, or psychiatric condition that impairs
  993  the young adult’s ability to perform one or more life
  994  activities.
  995         2.The young adult in care must leave the Foundations First
  996  Program on the earliest of the date the young adult:
  997         a. Knowingly and voluntarily withdraws his or her consent
  998  to participate;
  999         b. Leaves care to live in a permanent home consistent with
 1000  his or her permanency plan;
 1001         c. Reaches 21 years of age;
 1002         d. Becomes incarcerated in an adult or juvenile justice
 1003  facility; or
 1004         e. In the case of a young adult with a disability, reaches
 1005  22 years of age.
 1006         3. Notwithstanding the provisions of this paragraph, the
 1007  department may not close a case and the court may not terminate
 1008  its jurisdiction until it finds, following a hearing held after
 1009  notice to all parties, that the following criteria have been
 1010  met:
 1011         a. Attendance of the young adult at the hearing; or
 1012         b. Findings by the court that:
 1013         (I) The young adult has been informed by the department of
 1014  his or her right to attend the hearing and has provided written
 1015  consent to waive this right;
 1016         (II) The young adult has been informed of the potential
 1017  negative effects of terminating care early, the option to
 1018  reenter care before reaching 21 years of age, the procedure to,
 1019  and limitations on, reentering care, the availability of
 1020  alternative services, and that the young adult has signed a
 1021  document attesting that he or she has been so informed and
 1022  understands these provisions; and
 1023         (III) The department and the community-based care provider
 1024  have complied with the case plan and any individual education
 1025  plan. At the time of this judicial hearing, if, in the opinion
 1026  of the court, the department and community-based provider have
 1027  not complied with their obligations as specified in the case
 1028  plan and any individual education plan, the court shall issue a
 1029  show cause order. If cause is shown for failure to comply, the
 1030  court shall give the department and community-based provider 30
 1031  days within which to comply and, upon failure to comply with
 1032  this or any subsequent order, the department and community-based
 1033  provider may be held in contempt.
 1034         4.A young adult who left care at or after reaching his or
 1035  her 18th birthday, but before reaching age 21, may be
 1036  automatically readmitted to the program by applying to the
 1037  community-based care provider. The community-based care provider
 1038  shall readmit the young adult if he or she is engaged in the
 1039  programs or activities described in this paragraph. Any
 1040  additional readmissions require that the young adult petition
 1041  the court to resume jurisdiction. The department and community
 1042  based provider shall update the case plan within 30 days after
 1043  the young adult comes back into the Foundations First Program.
 1044         (b) Benefits and requirements.
 1045         1. A stipend shall be available to a young adult who is
 1046  considered a full-time student or its equivalent by the
 1047  educational institution in which he or she is enrolled, unless
 1048  that young adult has a recognized disability preventing full
 1049  time attendance. The amount of the award, whether it is being
 1050  used by a young adult working toward completion of a high school
 1051  diploma or its equivalent or working toward completion of a
 1052  postsecondary education program, shall be determined based on an
 1053  assessment of the funding needs of the young adult. This
 1054  assessment must consider the young adult’s living and
 1055  educational costs based on the actual cost of attendance, and
 1056  other grants, scholarships, waivers, earnings, or other income
 1057  to be received by the young adult. An award shall be available
 1058  only to the extent that other grants and scholarships are not
 1059  sufficient to meet the living and educational needs of the young
 1060  adult, but an award may not be less than $25 in order to
 1061  maintain Medicaid eligibility for the young adult as provided in
 1062  s. 409.903.
 1063         2. The young adult must reside in a semi-supervised living
 1064  arrangement. For the purposes of this requirement, a “semi
 1065  supervised living arrangement” includes foster homes, college
 1066  dormitories, shared housing, semi-supervised apartments,
 1067  supervised apartments, or another housing arrangement approved
 1068  by the provider and acceptable to the young adult.
 1069         3. Payment of the stipend shall be made directly on the
 1070  recipient’s behalf in order to secure housing and utilities,
 1071  with the balance being paid directly to the young adult.
 1072         (c) Transition plan.—For all young adults during the 180
 1073  day period immediately before leaving care, before reaching 21
 1074  years of age, or after leaving care on or after reaching 21
 1075  years of age, the department and the community-based care
 1076  provider, in collaboration with the caregiver, any other
 1077  designated education advocate, or any other individual whom the
 1078  young adult would like to include, shall assist and support the
 1079  young adult in developing a transition plan. The transition plan
 1080  must take into account all of the education and other
 1081  achievements of the young adult, include specific options for
 1082  the young adult for housing, health insurance, education, local
 1083  opportunities for mentors and continuing support services, and
 1084  workforce support and employment services, and must be reviewed
 1085  by the court during the last review hearing before the child
 1086  leaves care. In developing the plan, the department and
 1087  community-based provider shall:
 1088         1. Provide the young adult with the documentation required
 1089  in s. 39.701(7);
 1090         2. Coordinate with local public and private entities in
 1091  designing the transition plan as appropriate;
 1092         3. Coordinate the transition plan with the independent
 1093  living provisions in the case plan and the Individuals with
 1094  Disabilities Education Act transition plan for a young adult
 1095  with disabilities; and
 1096         4. Create a clear and developmentally appropriate notice
 1097  specifying the rights of a young adult who is leaving care. The
 1098  notice must include information about what services the young
 1099  adult may be eligible for and how such services may be obtained.
 1100  The plan must clearly identify the young adults goals and the
 1101  work that will be required to achieve those goals.
 1102         (d) Periodic reviews for young adults.
 1103         1. For any young adult who continues to remain in care on
 1104  or after reaching 18 years of age, the department and community
 1105  based provider shall implement a case review system that
 1106  requires:
 1107         a. A judicial review at least once a year;
 1108         b. The court to maintain oversight to ensure that the
 1109  department is coordinating with the appropriate agencies, and,
 1110  as otherwise permitted, maintains oversight of other agencies
 1111  involved in implementing the young adult’s case plan and
 1112  individual education plan;
 1113         c. The department to prepare and present to the court a
 1114  report, developed in collaboration with the young adult,
 1115  addressing the young adult’s progress in meeting the goals in
 1116  the case plan and individual education plan, and shall propose
 1117  modifications as necessary to further those goals;
 1118         d. The court to determine whether the department and any
 1119  service provider under contract with the department is providing
 1120  the appropriate services as identified in the case plan and any
 1121  individual education plan. If the court decides that the young
 1122  adult is entitled to additional services in order to achieve the
 1123  goals enumerated in the case plan, under the department’s
 1124  policies, or under a contract with a service provider, the court
 1125  may order the department to take action to ensure that the young
 1126  adult receives the identified services and remediation for any
 1127  failure to timely provide identified services; and
 1128         e. The young adult or any other party to the dependency
 1129  case may request an additional hearing or review.
 1130         2. In all permanency hearings or hearings regarding the
 1131  transition of the young adult from care to independent living,
 1132  the court shall consult, in an age-appropriate manner, with the
 1133  young adult regarding the proposed permanency, case plan, and
 1134  individual education plan for the young adult.
 1135         (2) THE COLLEGE BOUND PROGRAM.—
 1136         (a) Purpose.This program is designed for young adults who
 1137  are 18 years of age but are not yet 23 years of age, have
 1138  graduated from high school, have been accepted into college, and
 1139  need a minimum of support from the state other than the
 1140  financial resources to attend college.
 1141         (b) Eligibility; termination; and reentry.
 1142         1. A young adult who has earned a standard high school
 1143  diploma or its equivalent as described in s. 1003.43 or s.
 1144  1003.435, has earned a special diploma or special certificate of
 1145  completion as described in s. 1003.438, or has been admitted for
 1146  full-time enrollment in an eligible postsecondary educational
 1147  institution as defined in s. 1009.533, and is 18 years of age
 1148  but is not yet 23 years of age is eligible for the College Bound
 1149  Program if he or she:
 1150         a. Was living in care on his or her 18th birthday or is
 1151  currently living in care, or, after reaching 16 years of age,
 1152  was adopted from care or placed with a court-approved dependency
 1153  guardian and has spent a minimum of 6 months in care immediately
 1154  preceding such placement or adoption; and
 1155         b. Spent at least 6 months in care before reaching his or
 1156  her 18th birthday.
 1157         2. A young adult with a disability may attend school part
 1158  time and be eligible for this program.
 1159         3. A stipend is available to a young adult who is
 1160  considered a full-time student or its equivalent by the
 1161  educational institution in which he or she is enrolled, unless
 1162  that young adult has a recognized disability preventing full
 1163  time attendance. The amount of the award shall be determined
 1164  based on an assessment of the funding needs of the young adult.
 1165  This assessment must consider the young adult’s living and
 1166  educational costs based on the actual cost of attendance, and
 1167  other grants, scholarships, waivers, earnings, or other income
 1168  to be received by the young adult. An award is available only to
 1169  the extent that other grants and scholarships are not sufficient
 1170  to meet the living and educational needs of the young adult, but
 1171  an award may not be less than $25 in order to maintain Medicaid
 1172  eligibility for the young adult as provided in s. 409.903.
 1173         4. An eligible young adult may receive a stipend for the
 1174  subsequent academic years if, for each subsequent academic year,
 1175  the young adult meets the standards by which the approved
 1176  institution measures a student’s satisfactory academic progress
 1177  toward completion of a program of study for the purposes of
 1178  determining eligibility for federal financial aid under the
 1179  Higher Education Act. Any young adult who is placed on academic
 1180  probation may continue to receive a stipend for one additional
 1181  semester if the approved institution allows the student to
 1182  continue in school. If the student fails to make satisfactory
 1183  academic progress in the semester or term subsequent to the term
 1184  in which he received academic probation, the stipend assistance
 1185  is discontinued for the period required for the young adult to
 1186  be reinstated by the college or university. Upon reinstatement,
 1187  a young adult who has not yet reached 23 years of age may
 1188  reapply for financial assistance.
 1189         (3) EMERGENCY ASSISTANCE.—A young adult in the Foundations
 1190  First Program or the College Bound Program may apply to the
 1191  community-based care provider for financial assistance for an
 1192  unexpected or extraordinary expense.
 1193         (4) APPEAL PROCESS.—
 1194         (a) The Department of Children and Family Services shall
 1195  adopt a procedure by which a young adult may appeal an
 1196  eligibility determination, the department’s failure to provide
 1197  Road-to-Independence Program services, or the termination of
 1198  such services, if funds for such services or stipend are
 1199  available.
 1200         (b) The procedure must be readily accessible to young
 1201  adults, must provide for timely decisions, and must provide for
 1202  an appeal to the department. The decision of the department
 1203  constitutes final agency action and is reviewable by the court
 1204  as provided in s. 120.68.
 1205         (5)PORTABILITY.—The services provided under this section
 1206  are portable across county and state lines.
 1207         (a)The services provided for in the original transition
 1208  plan shall be provided by the county where the young adult
 1209  resides but shall be funded by the county where the transition
 1210  plan was initiated. The care managers of the county of residence
 1211  and the county of origination must coordinate to ensure a smooth
 1212  transition for the young adult.
 1213         (b) If a child in care under 18 years of age is placed in
 1214  another state, the sending state is responsible for care
 1215  maintenance payments, case planning, including a written
 1216  description of the programs and services that will help a child
 1217  16 years of age or older prepare for the transition from care to
 1218  independence, and a case review system as required by federal
 1219  law. The sending state has placement and care responsibility for
 1220  the child.
 1221         (c) If a young adult formerly in care moves to another
 1222  state from the state in which he or she has left care due to
 1223  age, the state shall certify that it will provide assistance and
 1224  federally funded independent living services to the young adult
 1225  who has left care because he or she is 18 years of age. The
 1226  state in which the young adult resides is responsible for
 1227  services if the state provides the services needed by the young
 1228  adult.
 1229         (6) ACCOUNTABILITY.
 1230         (a) The community-based care lead agencies and their
 1231  contracted providers shall report the following information to
 1232  the department:
 1233         1. Out of the total number of young adults who remain in
 1234  care upon reaching 18 years of age, the number of young adults
 1235  who do not have a high school diploma or its equivalent, a
 1236  special diploma, or a certificate of completion. Out of those
 1237  young adults without a diploma or its equivalent, a special
 1238  diploma, or a certificate of completion, the number of young
 1239  adults who are receiving assistance through tutoring and other
 1240  types of support.
 1241         2. Out of the total number of young adults who decided to
 1242  remain in care after reaching 18 years of age, a breakdown of
 1243  academic and career goals and type of living arrangement.
 1244         3. The same information required in subparagraphs 1. and
 1245  2., specific to young adults in care with a disability.
 1246         4. Out of the total number of young adults remaining in
 1247  care, the number of young adults who are enrolled in an
 1248  educational or vocational program and a breakdown of the types
 1249  of programs.
 1250         5. Out of the total number of young adults remaining in
 1251  care, the number of young adults who are working and a breakdown
 1252  of the types of employment held.
 1253         6. Out of the total number of young adults remaining in
 1254  care, the number of young adults who have a disability and a
 1255  breakdown of how many young adults are in school, are training
 1256  for employment, are employed, or are unable to participate in
 1257  any of these activities.
 1258         7.Evidence that the lead agency has established a working
 1259  relationship with the Agency for Workforce Innovation and its
 1260  regional workforce boards, the Able Trust, and other entities
 1261  that provide services related to gaining employment.
 1262         8. Out of the total number of young adults in care upon
 1263  reaching 18 years of age, the number of young adults who are in
 1264  the Road-to-Independence Program and a breakdown by the schools
 1265  or other programs they are attending.
 1266         9. Out of the total number of young adults who are in
 1267  postsecondary institutions, a breakdown of the types and amounts
 1268  of financial support received from sources other than the Road
 1269  to-Independence Program.
 1270         10. Out of the total number of young adults who are in
 1271  postsecondary institutions, a breakdown of the types of living
 1272  arrangements.
 1273         (b) Each community-based care lead agency shall provide its
 1274  report to the department by September 30 of each year. The
 1275  department shall compile the reports from each community-based
 1276  care lead agency and provide them to the Legislature by December
 1277  31 of each year, with the first report due to the Legislature on
 1278  December 31, 2012.
 1279         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 1280  secretary shall establish the Independent Living Services
 1281  Advisory Council for the purpose of reviewing and making
 1282  recommendations concerning the implementation and operation of
 1283  the provisions of s. 39.6015 and the Road-to-Independence
 1284  Program. This advisory council shall function as specified in
 1285  this subsection until the Legislature determines that the
 1286  advisory council can no longer provide a valuable contribution
 1287  to the department’s efforts to achieve the goals of the services
 1288  designed to enable a young adult to live independently.
 1289         (a) Specifically, the advisory council shall assess the
 1290  implementation and operation of the provisions of s. 39.6015 and
 1291  the Road-to-Independence Program and advise the department on
 1292  actions that would improve the ability of those Road-to
 1293  Independence Program services to meet the established goals. The
 1294  advisory council shall keep the department informed of problems
 1295  being experienced with the services, barriers to the effective
 1296  and efficient integration of services and support across
 1297  systems, and successes that the system of services has achieved.
 1298  The department shall consider, but is not required to implement,
 1299  the recommendations of the advisory council.
 1300         (b) The advisory council shall report to the secretary on
 1301  the status of the implementation of the Road-To-Independence
 1302  Program; efforts to publicize the availability of the Road-to
 1303  Independence Program; the success of the services; problems
 1304  identified; recommendations for department or legislative
 1305  action; and the department’s implementation of the
 1306  recommendations contained in the Independent Living Services
 1307  Integration Workgroup Report submitted to the appropriate
 1308  substantive committees of the Legislature by December 31, 2012.
 1309  The department shall submit a report by December 31 of each year
 1310  to the Governor and the Legislature which includes a summary of
 1311  the factors reported on by the council and identifies the
 1312  recommendations of the advisory council and either describes the
 1313  department’s actions to implement the recommendations or
 1314  provides the department’s rationale for not implementing the
 1315  recommendations.
 1316         (c) Members of the advisory council shall be appointed by
 1317  the secretary of the department. The membership of the advisory
 1318  council must include, at a minimum, representatives from the
 1319  headquarters and district offices of the Department of Children
 1320  and Family Services, community-based care lead agencies, the
 1321  Agency for Workforce Innovation, the Department of Education,
 1322  the Agency for Health Care Administration, the State Youth
 1323  Advisory Board, Workforce Florida, Inc., the Statewide Guardian
 1324  Ad Litem Office, foster parents, recipients of services and
 1325  funding through the Road-to-Independence Program, and advocates
 1326  for children in care. The secretary shall determine the length
 1327  of the term to be served by each member appointed to the
 1328  advisory council, which may not exceed 4 years.
 1329         (d) The department shall provide administrative support to
 1330  the Independent Living Services Advisory Council to accomplish
 1331  its assigned tasks. The advisory council shall be afforded
 1332  access to all appropriate data from the department, each
 1333  community-based care lead agency, and other relevant agencies in
 1334  order to accomplish the tasks set forth in this section. The
 1335  data collected may not include any information that would
 1336  identify a specific child or young adult.
 1337         (e) The advisory council report required under paragraph
 1338  (b), shall include an analysis of the system of independent
 1339  living transition services for young adults who reach 18 years
 1340  of age while in care prior to completing high school or its
 1341  equivalent and recommendations for department or legislative
 1342  action. The council shall assess and report on the most
 1343  effective method of assisting these young adults to complete
 1344  high school or its equivalent by examining the practices of
 1345  other states.
 1346         (8) PERSONAL PROPERTY.Property acquired on behalf of a
 1347  young adult of this program shall become the personal property
 1348  of the young adult and is not subject to the requirements of
 1349  chapter 273 relating to state-owned tangible personal property.
 1350  Such property continues to be subject to applicable federal
 1351  laws.
 1352         (9) MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN CARE.
 1353  The department shall enroll in the Florida Kidcare program,
 1354  outside the open enrollment period, each young adult who is
 1355  eligible as described in paragraph (1)(a) and who has not yet
 1356  reached his or her 19th birthday.
 1357         (a) A young adult who was formerly in care at the time of
 1358  his or her 18th birthday and who is 18 years of age but not yet
 1359  19 years of age, shall pay the premium for the Florida Kidcare
 1360  program as required in s. 409.814.
 1361         (b) A young adult who has health insurance coverage from a
 1362  third party through his or her employer or who is eligible for
 1363  Medicaid is not eligible for enrollment under this subsection.
 1364         (10)RULEMAKING.The department shall adopt rules to
 1365  administer this section. The rules shall provide the procedures
 1366  and requirements necessary to administer the Road-to
 1367  Independence Program. In developing the rules, the department
 1368  shall consider that the program is for young adults who remain
 1369  in care for an extended period of time or who are planning to
 1370  attain post secondary education and accommodate a young adult’s
 1371  busy life and schedule. The rules shall make the program easy
 1372  for a qualified young adult to access and facilitate and
 1373  encourage his or her participation.
 1374         Section 6. Subsection (4) of section 409.903, Florida
 1375  Statutes, is amended to read:
 1376         409.903 Mandatory payments for eligible persons.—The agency
 1377  shall make payments for medical assistance and related services
 1378  on behalf of the following persons who the department, or the
 1379  Social Security Administration by contract with the Department
 1380  of Children and Family Services, determines to be eligible,
 1381  subject to the income, assets, and categorical eligibility tests
 1382  set forth in federal and state law. Payment on behalf of these
 1383  Medicaid eligible persons is subject to the availability of
 1384  moneys and any limitations established by the General
 1385  Appropriations Act or chapter 216.
 1386         (4) A child who is eligible under Title IV-E of the Social
 1387  Security Act for subsidized board payments, foster care, or
 1388  adoption subsidies, and a child for whom the state has assumed
 1389  temporary or permanent responsibility and who does not qualify
 1390  for Title IV-E assistance but is in foster care, shelter or
 1391  emergency shelter care, or subsidized adoption. This category
 1392  includes a young adult who is eligible to receive services under
 1393  s. 409.1451(5), until the young adult reaches 21 years of age,
 1394  without regard to any income, resource, or categorical
 1395  eligibility test that is otherwise required. This category also
 1396  includes a person who as a child was eligible under Title IV-E
 1397  of the Social Security Act for foster care or the state-provided
 1398  foster care and who is a participant in the Road-to-Independence
 1399  Program.
 1400         Section 7. The Department of Children and Family Services
 1401  shall format the case plan and the judicial review social
 1402  service report consistent with the provisions of ss. 39.6015 and
 1403  409.1451, Florida Statutes.
 1404         Section 8. Effective October 1, 2011, a child or young
 1405  adult who is currently participating in the Road-to-Independence
 1406  Program may continue in the program as it exists as of September
 1407  30, 2011. A child or young adult applying or reapplying for the
 1408  Road-to-Independence program on or after October 1, 2011, may
 1409  apply for program services only as provided in this act.
 1410         Section 9. The Department of Children and Family Services
 1411  shall develop a request for proposal for the purpose of
 1412  establishing and operating a system to provide educational
 1413  advocates for a child in care who is in middle or high school.
 1414  Competitive proposals shall be solicited by the department
 1415  pursuant to chapter 287, Florida Statutes. Entities responding
 1416  to the request for proposal must have child advocacy as their
 1417  primary focus, be knowledgeable about the operation of district
 1418  schools in the state, and have experience in working with paid
 1419  staff and volunteers. The department may award more than one
 1420  contract under this section.
 1421         Section 10. The Department of Children and Family Services
 1422  shall contract with a national nonprofit organization that
 1423  advocates for and provides services to older children in care
 1424  and young adults formerly in care for the purpose of
 1425  administering the Road-to-Independence Program. The organization
 1426  must have experience and expertise in administering scholarship
 1427  programs, providing mentoring and academic coaching to help
 1428  young adults at risk of failing or dropping out of school, and
 1429  assisting young adults locate internship opportunities. The
 1430  organization must also be able to report enrollment, attendance,
 1431  academic progress, and financial data for each young adult to
 1432  the state at an agreed-upon interval.
 1433         Section 11. This act shall take effect October 1, 2011.