Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1902
       
       
       
       
       
       
                                Barcode 613184                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Children, Families, and Elder Affairs (Rich)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 39.013, Florida
    6  Statutes, is amended to read:
    7         39.013 Procedures and jurisdiction; right to counsel.—
    8         (2) The circuit court has exclusive original jurisdiction
    9  of all proceedings under this chapter, of a child voluntarily
   10  placed with a licensed child-caring agency, a licensed child
   11  placing agency, or the department, and of the adoption of
   12  children whose parental rights have been terminated under this
   13  chapter. Jurisdiction attaches when the initial shelter
   14  petition, dependency petition, or termination of parental rights
   15  petition is filed or when a child is taken into the custody of
   16  the department. The circuit court may assume jurisdiction over
   17  any such proceeding regardless of whether the child was in the
   18  physical custody of both parents, was in the sole legal or
   19  physical custody of only one parent, caregiver, or some other
   20  person, or was in the physical or legal custody of no person
   21  when the event or condition occurred that brought the child to
   22  the attention of the court. When the court obtains jurisdiction
   23  of any child who has been found to be dependent, the court shall
   24  retain jurisdiction, unless relinquished by its order, until the
   25  child reaches 18 years of age. However, if a young adult chooses
   26  to participate in the Foundations First Program, the court shall
   27  retain jurisdiction until the young adult leaves the program as
   28  provided for in s. 409.1451(4). The court shall review the
   29  status of the young adult at least every 12 months or more
   30  frequently if the court deems it necessary youth petitions the
   31  court at any time before his or her 19th birthday requesting the
   32  court’s continued jurisdiction, the juvenile court may retain
   33  jurisdiction under this chapter for a period not to exceed 1
   34  year following the youth’s 18th birthday for the purpose of
   35  determining whether appropriate aftercare support, Road-to
   36  Independence Program, transitional support, mental health, and
   37  developmental disability services, to the extent otherwise
   38  authorized by law, have been provided to the formerly dependent
   39  child who was in the legal custody of the department immediately
   40  before his or her 18th birthday. If a petition for special
   41  immigrant juvenile status and an application for adjustment of
   42  status have been filed on behalf of a foster child and the
   43  petition and application have not been granted by the time the
   44  child reaches 18 years of age, the court may retain jurisdiction
   45  over the dependency case solely for the purpose of allowing the
   46  continued consideration of the petition and application by
   47  federal authorities. Review hearings for the child shall be set
   48  solely for the purpose of determining the status of the petition
   49  and application. The court’s jurisdiction terminates upon the
   50  final decision of the federal authorities. Retention of
   51  jurisdiction in this instance does not affect the services
   52  available to a young adult under s. 409.1451. The court may not
   53  retain jurisdiction of the case after the immigrant child’s 22nd
   54  birthday.
   55         Section 2. Subsections (2) and (3) of section 39.6012,
   56  Florida Statutes, are amended to read:
   57         39.6012 Case plan tasks; services.—
   58         (2) The case plan must include all available information
   59  that is relevant to the child’s care including, at a minimum:
   60         (a) A description of the identified needs of the child
   61  while in care.
   62         (b) A description of the plan for ensuring that the child
   63  receives safe and proper care and that services are provided to
   64  the child in order to address the child’s needs. To the extent
   65  available and accessible, the following health, mental health,
   66  and education information and records of the child must be
   67  attached to the case plan and updated throughout the judicial
   68  review process:
   69         1. The names and addresses of the child’s health, mental
   70  health, and educational providers;
   71         2. The child’s grade level performance;
   72         3. The child’s school record;
   73         4. Assurances that the child’s placement takes into account
   74  proximity to the school in which the child is enrolled at the
   75  time of placement and that efforts were made to allow the child
   76  to remain in that school if it is in the best interest of the
   77  child;
   78         5. A record of the child’s immunizations;
   79         6. The child’s known medical history, including any known
   80  problems;
   81         7. The child’s medications, if any; and
   82         8. Any other relevant health, mental health, and education
   83  information concerning the child.
   84         (3) In addition to any other requirement, if the child is
   85  in an out-of-home placement, the case plan must include:
   86         (a) A description of the type of placement in which the
   87  child is to be living.
   88         (b) A description of the parent’s visitation rights and
   89  obligations and the plan for sibling visitation if the child has
   90  siblings and is separated from them.
   91         (c) When appropriate, for a child who is in middle school
   92  or high school 13 years of age or older, a written description
   93  of the programs and services that will help the child prepare
   94  for the transition from foster care to independent living.
   95         (d) A discussion of the safety and the appropriateness of
   96  the child’s placement, which placement is intended to be safe,
   97  and the least restrictive and the most family-like setting
   98  available consistent with the best interest and special needs of
   99  the child and in as close proximity as possible to the child’s
  100  home.
  101         Section 3. Section 39.6015, Florida Statutes, is created to
  102  read:
  103         39.6015Services for older children in licensed care.—
  104         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  105  education and the other positive experiences of a child are key
  106  to a successful future as an adult and that it is particularly
  107  important for a child in care to be provided with opportunities
  108  to succeed. The Legislature intends that individuals and
  109  communities become involved in the education of a child in care,
  110  address issues that will improve the educational outcomes for
  111  the child, and find ways to ensure that the child values and
  112  receives a high-quality education. Many professionals in the
  113  local community understand these issues, and it is the intent of
  114  the Legislature that, in fulfilling their responsibilities to
  115  the child, biological parents, caregivers, educators, advocates,
  116  the department and its community-based care providers, guardians
  117  ad litem, and judges work together to ensure that an older child
  118  in care has access to the same academic resources, services, and
  119  extracurricular and enrichment activities that are available to
  120  all children. Engaging an older child in a broad range of the
  121  usual activities of family, school, and community life during
  122  adolescence will help to empower the child in his or her
  123  transition into adulthood and in living independently. The
  124  Legislature intends for services to be delivered in an age
  125  appropriate and developmentally appropriate manner, along with
  126  modifications or accommodations as may be necessary to include
  127  every child, specifically including a child with a disability.
  128  It is also the intent of the Legislature that while services to
  129  prepare an older child for life on his or her own are important,
  130  these services will not diminish efforts to achieve permanency
  131  goals of reunification, adoption, or permanent guardianship.
  132         (2) EDUCATION PROVISIONS.—Perhaps more than any other
  133  population, an older child in care is in need of a quality
  134  education. The child depends on the school to provide positive
  135  role models, to provide a network of relationships and
  136  friendships that will help the child gain social and personal
  137  skills, and to provide the educational opportunities and other
  138  activities that are needed for a successful transition into
  139  adulthood.
  140         (a) School stability.The mobility of a child in care can
  141  disrupt the educational experience. Whenever a child enters
  142  care, or is moved from one home to another, the proximity of the
  143  new home to the child’s school of origin shall be considered. If
  144  the child is relocated outside the area of the school of origin,
  145  the department and its community-based providers shall provide
  146  the necessary support to the caregiver so that the child can
  147  continue enrollment in the school of origin if it is in the best
  148  interest of the child. As used in this paragraph, the term
  149  “school of origin” means the school that the child attended
  150  before coming into care or the school in which the child was
  151  last enrolled. The case plan shall include tasks or a plan for
  152  ensuring the child’s educational stability while in care. As
  153  part of this plan, the community-based care provider shall
  154  document assurances that:
  155         1. When an child comes into care, the appropriateness of
  156  the current educational setting and the proximity to the school
  157  in which the child is enrolled at the time of coming into care
  158  have been taken into consideration.
  159         2. The community-based care provider has coordinated with
  160  appropriate local school districts to determine if the child can
  161  remain in the school in which he or she is enrolled.
  162         3. The child in care has been asked about his or her
  163  educational preferences and needs, including his or her view on
  164  whether to change schools when the living situation changes.
  165         4. A child with a disability is allowed to continue in an
  166  appropriate educational setting, regardless of changes to the
  167  location of the home, and transportation is addressed and
  168  provided in accordance with the child’s individualized education
  169  program. A children with a disability shall receive the
  170  protections provided in federal and state law, including
  171  timelines for evaluations, implementation of an individualized
  172  education plan or an individual family service plan, and
  173  placement in the least restrictive environment, even when the
  174  child changes school districts.
  175         5. If the school district does not provide transportation,
  176  or the individualized education plan does not include
  177  transportation as a service, the department and its community
  178  based providers shall provide special reimbursement for expenses
  179  associated with transporting a child to his or her school of
  180  origin. Transportation arrangements shall follow a route that is
  181  as direct and expedient for the child as is reasonably possible.
  182         (b) School transitions.When a change in schools is
  183  necessary, it shall be as least disruptive as possible and the
  184  support necessary for a successful transition shall be provided
  185  by the department, the community-based provider, and the
  186  caregiver. The department and the community-based providers
  187  shall work with school districts to develop and implement
  188  procedures to will ensure that a child in care:
  189         1. Is enrolled immediately in a new school and can begin
  190  classes promptly.
  191         2. Does not experience a delay in enrollment and delivery
  192  of appropriate services due to school or record requirements as
  193  required by s. 1003.22.
  194         3. Has education records that are comprehensive and
  195  accurate and promptly follow the child to a new school.
  196         4. Is allowed to participate in all academic and
  197  extracurricular programs when arriving at a new school in the
  198  middle of a school term, even if normal timelines have passed or
  199  programs are full.
  200         5. Receives credit and partial credit for coursework
  201  completed at the prior school.
  202         6. Has the ability to receive a high school diploma even
  203  when the child has attended multiple schools that have varying
  204  graduation requirements.
  205         (c) School attendance.A child in care shall attend school
  206  as required by s. 1003.26.
  207         1. The community-based care provider and caregiver shall
  208  eliminate any barriers to attendance such as required school
  209  uniforms or school supplies.
  210         2. Appointments and court appearances for a child in care
  211  shall be scheduled to minimize the impact on the child’s
  212  education and to ensure that the child is not penalized for
  213  school time or work missed because of court or child-welfare
  214  case-related activities.
  215         3.A caregiver who refuses or fails to ensure that a child
  216  who is in his or her care attends school regularly shall be
  217  subject to the same procedures and penalties as a parent under
  218  s. 1003.27.
  219         (d)Education advocacy.
  220         1. A child in care should have an adult who is
  221  knowledgeable about schools and children in care and who serves
  222  as an education advocate to reinforce the value of the child’s
  223  investment in education, to ensure that the child receives a
  224  high-quality education, and to help the child plan for middle
  225  school, high school, and postschool training, employment, or
  226  college. The advocate may be a caregiver, care manager, guardian
  227  ad litem, educator, or individual hired and trained for the
  228  specific purpose of serving as an educational advocate.
  229         2. A child in care with disabilities who is eligible for
  230  the appointment of a surrogate parent, as required in s.
  231  39.0016, shall be assigned a surrogate in a timely manner, but
  232  no later than 30 days after a determination that a surrogate is
  233  needed.
  234         3. The community-based provider shall document in the
  235  child’s case plan that an education advocate has been identified
  236  for each child in care or that a surrogate parent has been
  237  appointed for each child in care with a disability.
  238         (e) Academic requirements and support; middle school
  239  students.In order to be promoted from a state school composed
  240  of middle grades 6, 7, and 8, a child must complete the required
  241  courses that include mathematics, English, social studies, and
  242  science.
  243         1. In addition to other academic requirements, a child must
  244  complete one course in career and education planning in 7th or
  245  8th grade. As required by s. 1003.4156, the course must include
  246  career exploration using Florida CHOICES Explorer or Florida
  247  CHOICES Planner and must include educational planning using the
  248  online student advising system known as Florida Academic
  249  Counseling and Tracking for Students at the Internet website
  250  FACTS.org.
  251         a. Each child shall complete an electronic personal
  252  academic and career plan that must be signed by the child, the
  253  child’s teacher, guidance counselor, or academic advisor, and
  254  the child’s parent, caregiver, or other designated education
  255  advocate.
  256         b. The required personalized academic and career plan must
  257  inform students of high school graduation requirements, high
  258  school assessment and college entrance test requirements,
  259  Florida Bright Futures Scholarship Program requirements, state
  260  university and Florida college admission requirements, and
  261  programs through which a high school student may earn college
  262  credit, including Advanced Placement, International
  263  Baccalaureate, Advanced International Certificate of Education,
  264  dual enrollment, career academy opportunities, and courses that
  265  lead to national industry certification.
  266         c. A caregiver shall attend the parent meeting held by the
  267  school to inform parents about the career and education planning
  268  course curriculum and activities associated with it.
  269         2. For a child with disabilities, the decision whether to
  270  work toward a standard diploma or a special diploma shall be
  271  addressed at the transition individual education plan meeting
  272  conducted during the child’s 8th grade year or the year the
  273  child turns 14 years of age, whichever occurs first. The child
  274  shall be invited to participate in this and each subsequent
  275  transition individual education plan meeting. At this meeting,
  276  the transition individual education plan team, including the
  277  child, the caregiver, or other designated education advocate,
  278  shall determine whether a standard or special diploma best
  279  prepares the child for his or her education and career goals
  280  after high school.
  281         a. The team shall plan the appropriate course of study,
  282  which may include basic education courses, career education
  283  courses, and exceptional student education courses.
  284         b. The team shall identify any special accommodations and
  285  modifications needed to help the child participate fully in the
  286  educational program.
  287         c. All decisions shall be documented on the transition
  288  individual education plan, and this information shall be used to
  289  guide the child’s educational program as he or she enters high
  290  school.
  291         3. A caregiver or the community-based care provider shall
  292  provide the child with all information related to the Road-to-
  293  Independence Program as provided in s. 409.1451.
  294         4. A caregiver or another designated education advocate
  295  shall attend parent-teacher conferences and monitor each child’s
  296  academic progress.
  297         5. Each district school board, as required by s. 1002.23,
  298  shall develop and implement a well-planned, inclusive, and
  299  comprehensive program to assist parents and families in
  300  effectively participating in their child’s education. A school
  301  district shall have available resources and services for parents
  302  and their children, such as family literacy services; mentoring,
  303  tutorial, and other academic reinforcement programs; college
  304  planning, academic advisement, and student counseling services;
  305  and after-school programs. A caregiver shall access these
  306  resources as necessary to enable the child in their care to
  307  achieve educational success.
  308         6. A child in care, particularly a child with a disability,
  309  shall be involved and engaged in all aspects of his or her
  310  education and educational planning and must be empowered to be
  311  an advocate for his or her education needs. Community-based care
  312  providers shall enter into partnerships with school districts to
  313  deliver curriculum on self-determination or self-advocacy to
  314  engage and empower the child to be his or her own advocate,
  315  along with support from the caregiver, community-based care
  316  provider, guardian ad litem, teacher, school guidance counselor,
  317  or other designated education advocate.
  318         7. The community-based care provider shall document in the
  319  case plan evidence of the child’s progress toward, and
  320  achievement of, academic, life, social, and vocational skills.
  321  The case plan shall be amended to fully and accurately reflect
  322  the child’s academic and career plan, identify the services and
  323  tasks needed to support that plan, and identify the party
  324  responsible for accomplishing the tasks or providing the needed
  325  services.
  326         (f) Academic requirements and support; high school
  327  students.Graduation from high school is essential for a child
  328  to be able to succeed and live independently as an adult. In
  329  Florida, 70 percent of children in care reach 18 years of age
  330  without having obtained a high school diploma. It is the
  331  responsibility of the department, its community-based providers,
  332  and caregivers to ensure that a child in care is able to take
  333  full advantage of every resource and opportunity in order to be
  334  able to graduate from high school and be adequately prepared to
  335  pursue postsecondary education at a college or university or to
  336  acquire the education and skills necessary to enter the
  337  workplace. In preparation for accomplishing education and career
  338  goals after high school, the child must select the appropriate
  339  course of study that best meets his or her needs.
  340         1. An older child who plans to attend a college or
  341  university after graduation must take certain courses to meet
  342  state university admission requirements. The course requirements
  343  for state university admission are the same for two Bright
  344  Futures Scholarship awards, the Florida Academic Scholars, and
  345  Florida Medallion Scholars. By following this course of study,
  346  which is required for state university admission and recommended
  347  if the child intends to pursue an associate in arts degree at a
  348  state college and transfer to a college or university to
  349  complete a bachelor’s degree, the child will meet the course
  350  requirements for high school graduation, state university
  351  admission, and two Bright Futures Scholarship awards.
  352         2. Older children who plan to focus on a career technical
  353  program in high school in order to gain skills for work or
  354  continue after graduation at a state college, technical center,
  355  or registered apprenticeship program should choose a course of
  356  study that will meet the course requirements for high school
  357  graduation, the third Bright Futures Scholarship award, and the
  358  Gold Seal Vocational Scholars. This course of study is
  359  recommended if the child intends to pursue a technical
  360  certificate or license, associate’s degree, or bachelor’s
  361  degree, or wishes to gain specific career training.
  362         3. Older children with disabilities may choose to work
  363  toward a standard diploma, a special diploma, or a certificate
  364  of completion. The child shall be assisted in choosing a diploma
  365  option by school and district staff through the development of
  366  the individual educational plan. The diploma choice shall be
  367  reviewed each year at the child’s individual education plan
  368  meeting.
  369         a. Older children or young adults with disabilities who
  370  have not earned a standard diploma or who have been awarded a
  371  special diploma, certificate of completion, or special
  372  certificate of completion before reaching 22 years of age may
  373  stay in school until they reach 22 years of age.
  374         b. The school district shall continue to offer services
  375  until the young adult reaches 22 years of age or until he or she
  376  earns a standard diploma, whichever occurs first, as required by
  377  the Individuals with Disabilities Education Act.
  378         4. The provisions of this paragraph do not preclude an
  379  older child from seeking the International Baccalaureate Diploma
  380  or the Advanced International Certificate of Education Diploma.
  381         5. Educational guidance and planning for high school shall
  382  be based upon the decisions made during middle school.
  383  Caregivers shall remain actively involved in the child’s
  384  academic life by attending parent-teacher conferences and taking
  385  advantage of available resources to enable the child to achieve
  386  academic success.
  387         6. The community-based care provider shall document in the
  388  case plan evidence of the child’s progress toward, and
  389  achievement of, academic, life, social, and vocational skills.
  390  The case plan shall be amended to completely reflect the child’s
  391  academic and career plan, identify the services and tasks needed
  392  to support that plan, and identify the party responsible for
  393  accomplishing the tasks or providing the needed services.
  394         7. At the high school level, participation in workforce
  395  readiness activities is essential to help a child in care
  396  prepare himself or herself to be a self-supporting and
  397  productive adult. The caregiver and the community-based care
  398  provider shall ensure that each child:
  399         a. Who is interested in pursuing a career after high school
  400  graduation is exposed to job-preparatory instruction in the
  401  competencies that prepare students for effective entry into an
  402  occupation, including diversified cooperative education, work
  403  experience, and job-entry programs that coordinate directed
  404  study and on-the-job training.
  405         b. Is provided with the opportunity to participate in
  406  enrichment activities that are designed to increase the child’s
  407  understanding of the workplace, to explore careers, and to
  408  develop goal-setting, decisionmaking, and time-management
  409  skills.
  410         c. Is provided with volunteer and service learning
  411  opportunities in order to begin developing workplace and
  412  planning skills, self esteem, and personal leadership skills.
  413         d. Is provided with an opportunity to participate in
  414  activities and services provided by the Agency for Workforce
  415  innovation and its regional workforce boards which are designed
  416  to prepare all young adults, including those with disabilities,
  417  for the workforce.
  418         (3) EXTRA CURRICULAR ACTIVITIES.—An older child in care
  419  shall be accorded to the fullest extent possible the opportunity
  420  to participate in the activities of community, school, and
  421  family life.
  422         (a) A caregiver shall encourage and support participation
  423  in age-appropriate extracurricular and social activities for an
  424  older child, including a child with a disability.
  425         (b) A caregiver shall be expected to provide transportation
  426  for such activities and community-based care providers shall
  427  provide special reimbursement for expenses for such activities,
  428  including mileage reimbursement.
  429         (c) The department and its community-based providers may
  430  not place an older child in a home if the caregiver does not
  431  encourage and facilitate participation in and provide
  432  transportation to the extracurricular activities of the child’s
  433  choice, unless other arrangements can be made by the community
  434  based care provider to enable the child’s participation in such
  435  activities.
  436         (d) A caregiver is not responsible under administrative
  437  rules or laws pertaining to state licensure, and a caregiver’s
  438  licensure status is not subject to jeopardy in any manner, for
  439  the actions of a child in their care who engages in age
  440  appropriate activities.
  441         (4) DEVELOPMENT OF THE TRANSITION PLAN.—If a child is
  442  planning to leave care upon reaching 18 years of age, during the
  443  90-day period before the child reaches 18 years of age, the
  444  department and community-based care provider, in collaboration
  445  with the caregiver, any other designated education advocate, and
  446  any other individual whom the child would like to have included,
  447  shall assist and support the older child in developing a
  448  transition plan. The transition plan must take into account all
  449  of the education and other skills achieved by the child in
  450  middle and high school, include specific options for the child
  451  on housing, health insurance, education, local opportunities for
  452  mentors and continuing support services, and workforce support
  453  and employment services, and must be reviewed by the court
  454  during the last review hearing before the child reaches 18 years
  455  of age. In developing the plan, the department and community
  456  based provider shall:
  457         (a) Provide the child with the documentation required in s.
  458  39.701(7);
  459         (b) Coordinate with local public and private entities in
  460  designing the transition plan as appropriate;
  461         (c) Coordinate the transition plan with the independent
  462  living provisions in the case plan and the Individuals with
  463  Disabilities Education Act transition plan for a child with a
  464  disability; and
  465         (d) Create a clear and developmentally appropriate notice
  466  specifying the options available for a young adult who chooses
  467  to remain in care for a longer period. The notice must include
  468  information about what services the child is eligible for and
  469  how such services may be obtained.
  470         (5) ACCOUNTABILITY.—
  471         (a) The community-based care lead agencies and its
  472  contracted providers shall report to the department the
  473  following information:
  474         1. The total number of children in care who are enrolled in
  475  middle school or high school and, in a breakdown by age, how
  476  many had their living arrangements change one time and how many
  477  were moved two or more times. For the children who were moved,
  478  how many had to change schools and how many of those changes
  479  were due to a lack of transportation.
  480         2. For those children for whom transportation was provided,
  481  how many children were provided transportation, how was it
  482  provided, how was the transportation paid for, and the amount of
  483  the total expenditure by the lead agency.
  484         3. The same information required in subparagraphs 1. and
  485  2., specific to children in care with a disability.
  486         4. In a breakdown by age, for those children who change
  487  schools at least once, how many children experienced problems in
  488  the transition, what kinds of problems were encountered, and
  489  what steps did the lead agency and the caregiver take to remedy
  490  those problems.
  491         5. In a breakdown by age, out of the total number of
  492  children in care, the number of children who were absent from
  493  school more than 10 days in a semester and the steps taken by
  494  the lead agency and the caregiver to reduce absences.
  495         6. Evidence that the lead agency has established a working
  496  relationship with each school district in which a child in care
  497  attends school.
  498         7. In a breakdown by age, out of the total number of
  499  children in care, the number who have documentation in the case
  500  plan that either an education advocate or a surrogate parent has
  501  been designated or appointed.
  502         8. In a breakdown by age, out of the total number of
  503  children in care, the number of children who have documentation
  504  in the case plan that they have an education advocate who
  505  regularly participates in parent-teacher meetings and other
  506  school-related activities.
  507         9. For those children in care who have finished 8th grade,
  508  the number of children who have documentation in the case plan
  509  that they have completed the academic and career plan required
  510  by s. 1003.4156 and that the child and the caregiver have signed
  511  the plan.
  512         10. For those children in care who have a disability and
  513  have finished 8th grade, the number of children who have
  514  documentation in the case plan that they have had a transition
  515  individual education plan meeting.
  516         11. The total number of children in care who are in middle
  517  school or high school, with a breakdown by age. For each age,
  518  the number of children who are reading at or above grade level,
  519  the number of children who have successfully completed the FCAT
  520  and end-of-course assessments, the number of children who have
  521  dropped out of school, the number of children who have enrolled
  522  in any dual enrollment or advanced placement courses, and the
  523  number of children completing the required number of courses,
  524  assessments, and hours needed to be promoted to the next grade
  525  level.
  526         12. The total number of children in care who are in middle
  527  school or high school, with a breakdown by age. For each age,
  528  the number of children who have documentation in the case plan
  529  that they are involved in at least one extracurricular activity,
  530  whether it is a school-based or community-based activity,
  531  whether they are involved in at least one service or volunteer
  532  activity, and who provides the transportation.
  533         13. The total number of children in care who are 17 years
  534  of age and who are obtaining services from the lead agency or
  535  its contracted providers and how many of that total number have
  536  indicated that they plan to remain in care after turning 18
  537  years of age, and for those children who plan to leave care, how
  538  many children have a transition plan.
  539         14. A breakdown of documented expenses for children in
  540  middle and high school.
  541         (b) Each community-based care lead agency shall provided
  542  its report to the department by September 31 of each year. The
  543  department shall compile the reports from each community-based
  544  care lead agency and provide them to the Legislature by December
  545  31 of each year, with the first report due to the Legislature on
  546  December 31, 2011.
  547         Section 4. Subsections (7), (8), and (9) of section 39.701,
  548  Florida Statutes, are amended to read:
  549         39.701 Judicial review.—
  550         (7)(a) In addition to paragraphs (1)(a) and (2)(a), the
  551  court shall hold a judicial review hearing within 90 days after
  552  a child’s youth’s 17th birthday. The court shall also issue an
  553  order, separate from the order on judicial review, that the
  554  disability of nonage of the child youth has been removed
  555  pursuant to s. 743.045. The court shall continue to hold timely
  556  judicial review hearings thereafter. In addition, the court may
  557  review the status of the child more frequently during the year
  558  prior to the child’s youth’s 18th birthday if necessary. At each
  559  review held under this subsection, in addition to any
  560  information or report provided to the court, the caregiver
  561  foster parent, legal custodian, guardian ad litem, and the child
  562  shall be given the opportunity to address the court with any
  563  information relevant to the child’s best interests, particularly
  564  as it relates to the requirements of s. 39.6015 and the Road-to-
  565  Independence Program under s. 409.1451 independent living
  566  transition services. In addition to any information or report
  567  provided to the court, the department shall include in its
  568  judicial review social study report written verification that
  569  the child has been provided with:
  570         1. Has been provided with A current Medicaid card and has
  571  been provided all necessary information concerning the Medicaid
  572  program sufficient to prepare the child youth to apply for
  573  coverage upon reaching age 18, if such application would be
  574  appropriate.
  575         2. Has been provided with A certified copy of his or her
  576  birth certificate and, if the child does not have a valid
  577  driver’s license, a Florida identification card issued under s.
  578  322.051.
  579         3. A social security card and Has been provided information
  580  relating to Social Security Insurance benefits if the child is
  581  eligible for these benefits. If the child has received these
  582  benefits and they are being held in trust for the child, a full
  583  accounting of those funds must be provided and the child must be
  584  informed about how to access those funds.
  585         4. Has been provided with information and training related
  586  to budgeting skills, interviewing skills, and parenting skills.
  587         4.5.Has been provided with All relevant information
  588  related to the Road-to-Independence Program, including, but not
  589  limited to, eligibility requirements, information on how forms
  590  necessary to participate apply, and assistance in gaining
  591  admission to the program completing the forms. The child shall
  592  also be informed that, if he or she is eligible for the Road-to
  593  Independence Program, he or she may reside with the licensed
  594  foster family or group care provider with whom the child was
  595  residing at the time of attaining his or her 18th birthday or
  596  may reside in another licensed foster home or with a group care
  597  provider arranged by the department.
  598         5.6.An opportunity to Has an open a bank account, or
  599  obtain has identification necessary to open an account, and has
  600  been provided with essential banking and budgeting skills.
  601         6.7.Has been provided with Information on public
  602  assistance and how to apply.
  603         7.8.Has been provided A clear understanding of where he or
  604  she will be living on his or her 18th birthday, how living
  605  expenses will be paid, and what educational program or school he
  606  or she will be enrolled in.
  607         8.9.Information related to the ability Has been provided
  608  with notice of the child youth’s right to remain in care until
  609  he or she reaches 21 years of age petition for the court’s
  610  continuing jurisdiction for 1 year after the youth’s 18th
  611  birthday as specified in s. 39.013(2) and with information on
  612  how to participate in the Road-to-Independence Program obtain
  613  access to the court.
  614         9. A letter providing the dates that the child was under
  615  the jurisdiction of the court.
  616         10.A letter stating that the child was in care, in
  617  compliance with financial aid documentation requirements.
  618         11. His or her entire educational records.
  619         12. His or her entire health and mental health records.
  620         13. The process for accessing his or her case file.
  621         14.10.Encouragement Has been encouraged to attend all
  622  judicial review hearings occurring after his or her 17th
  623  birthday.
  624         (b) At the first judicial review hearing held subsequent to
  625  the child’s 17th birthday, in addition to the requirements of
  626  subsection (8), the department shall provide the court with an
  627  updated case plan that includes specific information related to
  628  the provisions of s. 39.6015, independent living services that
  629  have been provided since the child entered middle school child’s
  630  13th birthday, or since the date the child came into foster
  631  care, whichever came later.
  632         (c) At the last judicial review hearing held before the
  633  child’s 18th birthday, in addition of the requirements of
  634  subsection (8), the department shall provide for the court to
  635  review the transition plan for a child who is planning to leave
  636  care after reaching his or her 18th birthday.
  637         (d)(c) At the time of a judicial review hearing held
  638  pursuant to this subsection, if, in the opinion of the court,
  639  the department has not complied with its obligations as
  640  specified in the written case plan or in the provision of
  641  independent living services as required by s. 39.6015, s.
  642  409.1451, and this subsection, the court shall issue a show
  643  cause order. If cause is shown for failure to comply, the court
  644  shall give the department 30 days within which to comply and, on
  645  failure to comply with this or any subsequent order, the
  646  department may be held in contempt.
  647         (8)(a) Before every judicial review hearing or citizen
  648  review panel hearing, the social service agency shall make an
  649  investigation and social study concerning all pertinent details
  650  relating to the child and shall furnish to the court or citizen
  651  review panel a written report that includes, but is not limited
  652  to:
  653         1. A description of the type of placement the child is in
  654  at the time of the hearing, including the safety of the child
  655  and the continuing necessity for and appropriateness of the
  656  placement.
  657         2. Documentation of the diligent efforts made by all
  658  parties to the case plan to comply with each applicable
  659  provision of the plan.
  660         3. The amount of fees assessed and collected during the
  661  period of time being reported.
  662         4. The services provided to the caregiver foster family or
  663  legal custodian in an effort to address the needs of the child
  664  as indicated in the case plan.
  665         5. A statement that either:
  666         a. The parent, though able to do so, did not comply
  667  substantially with the case plan, and the agency
  668  recommendations;
  669         b. The parent did substantially comply with the case plan;
  670  or
  671         c. The parent has partially complied with the case plan,
  672  with a summary of additional progress needed and the agency
  673  recommendations.
  674         6. A statement from the caregiver foster parent or legal
  675  custodian providing any material evidence concerning the return
  676  of the child to the parent or parents.
  677         7. A statement concerning the frequency, duration, and
  678  results of the parent-child visitation, if any, and the agency
  679  recommendations for an expansion or restriction of future
  680  visitation.
  681         8. The number of times a child has been removed from his or
  682  her home and placed elsewhere, the number and types of
  683  placements that have occurred, and the reason for the changes in
  684  placement.
  685         9. The number of times a child’s educational placement has
  686  been changed, the number and types of educational placements
  687  which have occurred, and the reason for any change in placement.
  688         10. If the child has entered middle school reached 13 years
  689  of age but is not yet 18 years of age, the specific information
  690  contained in the case plan related to the provisions of s.
  691  39.6015 results of the preindependent living, life skills, or
  692  independent living assessment; the specific services needed; and
  693  the status of the delivery of the identified services.
  694         11. Copies of all medical, psychological, and educational
  695  records that support the terms of the case plan and that have
  696  been produced concerning the parents or any caregiver since the
  697  last judicial review hearing.
  698         12. Copies of the child’s current health, mental health,
  699  and education records as identified in s. 39.6012.
  700         (b) A copy of the social service agency’s written report
  701  and the written report of the guardian ad litem must be served
  702  on all parties whose whereabouts are known; to the caregivers
  703  foster parents or legal custodians; and to the citizen review
  704  panel, at least 72 hours before the judicial review hearing or
  705  citizen review panel hearing. The requirement for providing
  706  parents with a copy of the written report does not apply to
  707  those parents who have voluntarily surrendered their child for
  708  adoption or who have had their parental rights to the child
  709  terminated.
  710         (c) In a case in which the child has been permanently
  711  placed with the social service agency, the agency shall furnish
  712  to the court a written report concerning the progress being made
  713  to place the child for adoption. If the child cannot be placed
  714  for adoption, a report on the progress made by the child towards
  715  alternative permanency goals or placements, including, but not
  716  limited to, guardianship, long-term custody, long-term licensed
  717  custody, or independent living, must be submitted to the court.
  718  The report must be submitted to the court at least 72 hours
  719  before each scheduled judicial review.
  720         (d) In addition to or in lieu of any written statement
  721  provided to the court, the caregiver foster parent or legal
  722  custodian, or any preadoptive parent, shall be given the
  723  opportunity to address the court with any information relevant
  724  to the best interests of the child at any judicial review
  725  hearing.
  726         (9) The court and any citizen review panel shall take into
  727  consideration the information contained in the social services
  728  study and investigation and all medical, psychological, and
  729  educational records that support the terms of the case plan;
  730  testimony by the social services agency, the parent, the
  731  caregiver foster parent or legal custodian, the guardian ad
  732  litem or surrogate parent for educational decisionmaking if one
  733  has been appointed for the child, and any other person deemed
  734  appropriate; and any relevant and material evidence submitted to
  735  the court, including written and oral reports to the extent of
  736  their probative value. These reports and evidence may be
  737  received by the court in its effort to determine the action to
  738  be taken with regard to the child and may be relied upon to the
  739  extent of their probative value, even though not competent in an
  740  adjudicatory hearing. In its deliberations, the court and any
  741  citizen review panel shall seek to determine:
  742         (a) If the parent was advised of the right to receive
  743  assistance from any person or social service agency in the
  744  preparation of the case plan.
  745         (b) If the parent has been advised of the right to have
  746  counsel present at the judicial review or citizen review
  747  hearings. If not so advised, the court or citizen review panel
  748  shall advise the parent of such right.
  749         (c) If a guardian ad litem needs to be appointed for the
  750  child in a case in which a guardian ad litem has not previously
  751  been appointed or if there is a need to continue a guardian ad
  752  litem in a case in which a guardian ad litem has been appointed.
  753         (d) Who holds the rights to make educational decisions for
  754  the child. If appropriate, the court may refer the child to the
  755  district school superintendent for appointment of a surrogate
  756  parent or may itself appoint a surrogate parent under the
  757  Individuals with Disabilities Education Act and s. 39.0016.
  758         (e) The compliance or lack of compliance of all parties
  759  with applicable items of the case plan, including the parents’
  760  compliance with child support orders.
  761         (f) The compliance or lack of compliance with a visitation
  762  contract between the parent and the social service agency for
  763  contact with the child, including the frequency, duration, and
  764  results of the parent-child visitation and the reason for any
  765  noncompliance.
  766         (g) The compliance or lack of compliance of the parent in
  767  meeting specified financial obligations pertaining to the care
  768  of the child, including the reason for failure to comply if such
  769  is the case.
  770         (h) Whether the child is receiving safe and proper care
  771  according to s. 39.6012, including, but not limited to, the
  772  appropriateness of the child’s current placement, including
  773  whether the child is in a setting that is as family-like and as
  774  close to the parent’s home as possible, consistent with the
  775  child’s best interests and special needs, and including
  776  maintaining stability in the child’s educational placement, as
  777  documented by assurances from the community-based care provider
  778  that:
  779         1. The placement of the child takes into account the
  780  appropriateness of the current educational setting and the
  781  proximity to the school in which the child is enrolled at the
  782  time of placement.
  783         2. The community-based care agency has coordinated with
  784  appropriate local educational agencies to ensure that the child
  785  remains in the school in which the child is enrolled at the time
  786  of placement.
  787         (i) A projected date likely for the child’s return home or
  788  other permanent placement.
  789         (j) When appropriate, the basis for the unwillingness or
  790  inability of the parent to become a party to a case plan. The
  791  court and the citizen review panel shall determine if the
  792  efforts of the social service agency to secure party
  793  participation in a case plan were sufficient.
  794         (k) For a child who has entered middle school reached 13
  795  years of age but is not yet 18 years of age, the progress the
  796  child has made in achieving the goals outlined in s. 39.6015
  797  adequacy of the child’s preparation for adulthood and
  798  independent living.
  799         Section 5. Section 409.1451, Florida Statutes, is amended
  800  to read:
  801         (Substantial rewording of section. See
  802         s. 409.1451, F.S., for present text).
  803         409.1451 The Road-to-Independence Program.—The Legislature
  804  recognizes that most children and young adults are resilient
  805  and, with adequate support, can expect to be successful as
  806  independent adults. Not unlike all young adults, some young
  807  adults who have lived in care need additional resources and
  808  support for a period of time after reaching 18 years of age. The
  809  Legislature intends for these young adults to receive the
  810  education, training, and health care services necessary for them
  811  to become self-sufficient through the Road-to-Independence
  812  Program. Young adults who participate in the Road-to
  813  Independence Program may choose to remain in care until 21 years
  814  of age and receive help achieving their postsecondary goals by
  815  participating in the Foundations First Program, or they may
  816  choose to receive financial assistance to attend college through
  817  the College Bound Program.
  818         (1) THE FOUNDATIONS FIRST PROGRAM.—The Foundations First
  819  Program is designed for young adults who have reached 18 years
  820  of age but are not yet 21 years of age, and who need to finish
  821  high school or who have a high school diploma, or its
  822  equivalent, and want to achieve additional goals. These young
  823  adults are ready to try postsecondary or vocational education,
  824  try working part-time or full-time, or need help with issues
  825  that might stand in their way of becoming employed. Young adults
  826  who are unable to participate in any of these programs or
  827  activities full time due to an impairment, including behavioral,
  828  developmental, and cognitive disabilities, might also benefit
  829  from remaining in out-of-home care longer.
  830         (a) Eligibility; termination; and reentry.
  831         1. A young adult in licensed care who spent at least 6
  832  months in care before reaching 18 years of age and who is a
  833  resident of this state, as defined in s. 1009.40, is eligible
  834  for the Foundations First Program if he or she is:
  835         a. Completing secondary education or a program leading to
  836  an equivalent credential;
  837         b. Enrolled in an institution that provides postsecondary
  838  or vocational education;
  839         c. Participating in a program or activity designed to
  840  promote, or eliminate barriers to, employment;
  841         d. Employed for at least 80 hours per month; or
  842         e. Unable to participate in these programs or activities
  843  full time due to a physical, intellectual, emotional, or
  844  psychiatric condition that limits participation. Any such
  845  restriction to participation must be supported by information in
  846  the young adult’s case file or school or medical records of a
  847  physical, intellectual, or psychiatric condition that impairs
  848  the young adult’s ability to perform one or more life
  849  activities.
  850         2.The young adult in care must leave the Foundations First
  851  Program on the earliest of the date the young adult:
  852         a. Knowingly and voluntarily withdraws his or her consent
  853  to participate;
  854         b. Leaves care to live in a permanent home consistent with
  855  his or her permanency plan;
  856         c. Reaches 21 years of age;
  857         d. Becomes incarcerated in an adult or juvenile justice
  858  facility; or
  859         e. In the case of a young adult with a disability, reaches
  860  22 years of age.
  861         3. Notwithstanding the provisions of this paragraph, the
  862  department may not close a case and the court may not terminate
  863  its jurisdiction until it finds, following a hearing held after
  864  notice to all parties, that the following criteria have been
  865  met:
  866         a. Attendance of the young adult at the hearing; or
  867         b. Findings by the court that:
  868         (I) The young adult has been informed by the department of
  869  his or her right to attend the hearing and has provided written
  870  consent to waive this right;
  871         (II) The young adult has been informed of the potential
  872  negative effects of terminating care early, the option to
  873  reenter care before reaching 21 years of age, the procedure to,
  874  and limitations on, reentering care, the availability of
  875  alternative services, and that the young adult has signed a
  876  document attesting that he or she has been so informed and
  877  understands these provisions; and
  878         (III) The department and the community-based care provider
  879  have complied with the case plan and any individual education
  880  plan. At the time of this judicial hearing, if, in the opinion
  881  of the court, the department and community-based provider have
  882  not complied with their obligations as specified in the case
  883  plan and any individual education plan, the court shall issue a
  884  show cause order. If cause is shown for failure to comply, the
  885  court shall give the department and community-based provider 30
  886  days within which to comply and, on failure to comply with this
  887  or any subsequent order, the department and community-based
  888  provider may be held in contempt.
  889         4.A young adult who left care at or after reaching his or
  890  her 18th birthday, but before reaching age 21, may petition the
  891  court to resume jurisdiction and for the department to reopen
  892  its case. The court shall resume jurisdiction and the department
  893  shall reopen the case if the young adult is engaged in the
  894  programs or activities described in this paragraph. If the young
  895  adult comes back into the Foundations First Program, the
  896  department and community-based provider shall update the case
  897  plan within 30 days after reentry.
  898         (b) The transition plan.For all young adults during the
  899  90-day period immediately before leaving care before reaching 21
  900  years of age or after leaving care on or after reaching 21 years
  901  of age, the department and the community-based care provider, in
  902  collaboration with the caregiver, any other designated education
  903  advocate, and any other individual whom the young adult would
  904  like to have included, shall assist and support the young adult
  905  in developing a transition plan. The transition plan must take
  906  into account all of the education and other achievements of the
  907  young adult, include specific options for the young adult on
  908  housing, health insurance, education, local opportunities for
  909  mentors and continuing support services, and workforce support
  910  and employment services, and must be reviewed by the court
  911  during the last review hearing before the child leaves care. In
  912  developing the plan, the department and community-based provider
  913  shall:
  914         1. Provide the young adult with the documentation required
  915  in s. 39.701(7);
  916         2. Coordinate with local public and private entities in
  917  designing the transition plan as appropriate;
  918         3. Coordinate the transition plan with the independent
  919  living provisions in the case plan and the Individuals with
  920  Disabilities Education Act transition plan for a young adult
  921  with disabilities; and
  922         4. Create a clear and developmentally appropriate notice
  923  specifying the rights of a young adult who is leaving care. The
  924  notice must include information about what services the young
  925  adult may be eligible for and how such services may be obtained.
  926  The plan must clearly identify the young adults goals and the
  927  work that will be required to achieve those goals.
  928         (c) Periodic reviews for young adults.
  929         1. For any young adult who continues to remain in care on
  930  or after reaching 18 years of age, the department and community
  931  based provider shall implement a case review system that
  932  requires:
  933         a. A judicial review at least once a year;
  934         b. That the court maintain oversight to ensure that the
  935  department is coordinating with the appropriate agencies, and,
  936  as otherwise permitted, maintains oversight of other agencies
  937  involved in implementing the young adult’s case plan and
  938  individual education plan;
  939         c. That the department prepare and present to the court a
  940  report, developed in collaboration with the young adult,
  941  addressing the young adult’s progress in meeting the goals in
  942  the case plan and individual education plan, and shall propose
  943  modifications as necessary to further those goals;
  944         d. That the court determine whether the department and any
  945  service provider under contract with the department is providing
  946  the appropriate services as provided in the case plan and any
  947  individual education plan. If the court believes that the young
  948  adult is entitled to additional services in order to achieve the
  949  goals enumerated in the case plan, under the department’s
  950  policies, or under a contract with a service provider, the court
  951  may order the department to take action to ensure that the young
  952  adult receives the identified services; and
  953         e. That the young adult or any other party to the
  954  dependency case may request an additional hearing or review.
  955         2. In all permanency hearings or hearings regarding the
  956  transition of the young adult from care to independent living,
  957  the court shall consult, in an age-appropriate manner, with the
  958  young adult regarding the proposed permanency, case plan, and
  959  individual education plan for the young adult.
  960         (2) THE COLLEGE BOUND PROGRAM.—
  961         (a) Purpose.This program is designed for young adults who
  962  have reached 18 years of age but are not yet 23 years of age,
  963  have graduated from high school, have been accepted into
  964  college, and need a minimum of support from the state other than
  965  the financial resources to attend college.
  966         (b) Eligibility; termination; and reentry.
  967         1. A young adult who has earned a standard high school
  968  diploma or its equivalent as described in s. 1003.43 or s.
  969  1003.435, has earned a special diploma or special certificate of
  970  completion as described in s. 1003.438, or has been admitted for
  971  full-time enrollment in an eligible postsecondary educational
  972  institution as defined in s. 1009.533, and has reached 18 years
  973  of age but is not yet 23 years of age is eligible for the
  974  College Bound Program if he or she:
  975         a. Was a dependent child, as provided under chapter 39, and
  976  was living in licensed care at the time of his or her 18th
  977  birthday or is currently living in licensed care, or, after
  978  reaching 16 years of age, was adopted from care or placed with a
  979  court-approved dependency guardian and has spent a minimum of 6
  980  months in care immediately preceding such placement or adoption;
  981         b. Spent at least 6 months in care before reaching his or
  982  her 18th birthday; and
  983         c. Is a resident of this state as defined in s. 1009.40.
  984         2. A young adult with a disability may attend school part
  985  time and be eligible for this program.
  986         3. An eligible young adult may receive a stipend for the
  987  subsequent academic years if, for each subsequent academic year,
  988  the young adult meets the standards by which the approved
  989  institution measures a student’s satisfactory academic progress
  990  toward completion of a program of study for the purposes of
  991  determining eligibility for federal financial aid under the
  992  Higher Education Act. Any young adult who is placed on academic
  993  probation may continue to receive a stipend for one additional
  994  semester if the approved institution allows the student to
  995  continue in school. If the student fails to make satisfactory
  996  academic progress in the semester or term subsequent to the term
  997  in which he received academic probation, stipend assistance
  998  shall be discontinued for the period required for the young
  999  adult to be reinstated by the college or university. Upon
 1000  reinstatement, a young adult who has not yet reached 23 years of
 1001  age may reapply for financial assistance.
 1002         (3)PORTABILITY.The provision of services pursuant to this
 1003  section must be portable across county and state lines.
 1004         (a)The services provided for in the original transition
 1005  plan shall be provided by the county where the young adult
 1006  resides but shall be funded by the county where the transition
 1007  plan was initiated. The care managers of the county of residence
 1008  and the county of origination must coordinate to ensure a smooth
 1009  transition for the young adult.
 1010         (b) If a child in care under 18 years of age is placed in
 1011  another state, the sending state is responsible for care
 1012  maintenance payments, case planning, including a written
 1013  description of the programs and services that will help a child
 1014  16 years of age or older prepare for the transition from care to
 1015  independence, and a case review system as required by federal
 1016  law. The sending state has placement and care responsibility for
 1017  the child.
 1018         (c) If a young adult formerly in care moves to another
 1019  state from the state in which he or she has left care due to
 1020  age, the state shall certify that it will provide assistance and
 1021  federally funded independent living services to the young adult
 1022  who has left care because he or she has attained 18 years of
 1023  age. The state in which the young adult resides is responsible
 1024  for services if the state provides the services needed by the
 1025  young adult.
 1026         (4) ACCOUNTABILITY.
 1027         (a) The community-based care lead agencies and their
 1028  contracted providers shall report the following information to
 1029  the department:
 1030         1. Out of the total number of young adults who decided to
 1031  remain in care upon reaching 18 years of age, the number of
 1032  young adults who do not have a high school diploma or its
 1033  equivalent, a special diploma, or a certificate of completion.
 1034  Out of those young adults without a diploma or its equivalent, a
 1035  special diploma, or a certificate of completion, the number of
 1036  young adults who are receiving assistance through tutoring and
 1037  other types of support.
 1038         2. Out of the total number of young adults who decided to
 1039  remain in care upon reaching 18 years of age, a breakdown of
 1040  academic and career goals and type of living arrangement.
 1041         3. The same information required in subparagraphs 1. and
 1042  2., specific to young adults in care with a disability.
 1043         4. Out of the total number of young adults remaining in
 1044  care, the number of young adults who are enrolled in an
 1045  educational or vocational program and a breakdown of the types
 1046  of programs.
 1047         5. Out of the total number of young adults remaining in
 1048  care, the number of young adults who are working and a breakdown
 1049  of the types of employment held.
 1050         6. Out of the total number of young adults remaining in
 1051  care, the number of young adults who have a disability and a
 1052  breakdown of how many young adults are in school, are training
 1053  for employment, are employed, or are unable to participate in
 1054  any of these activities.
 1055         7.Evidence that the lead agency has established a working
 1056  relationship with the Agency for Workforce Innovation and its
 1057  regional workforce boards, the Able Trust, and other entities
 1058  that provide services related to gaining employment.
 1059         8. Out of the total number of young adults in care upon
 1060  reaching 18 years of age, the number of young adults who are in
 1061  the Road-to-Independence Program and a breakdown by the schools
 1062  or other programs they are attending.
 1063         9. Out of the total number of young adults who are in
 1064  postsecondary institutions, a breakdown of the types and amounts
 1065  of financial support received from sources other than the Road
 1066  to-Independence Program.
 1067         10. Out of the total number of young adults who are in
 1068  postsecondary institutions, a breakdown of the types of living
 1069  arrangements.
 1070         (b) Each community-based care lead agency shall provide its
 1071  report to the department by September 31 of each year. The
 1072  department shall compile the reports from each community-based
 1073  care lead agency and provide them to the Legislature by December
 1074  31 of each year, with the first report due to the Legislature on
 1075  December 31, 2011.
 1076         (5) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 1077  secretary shall establish the Independent Living Services
 1078  Advisory Council for the purpose of reviewing and making
 1079  recommendations concerning the implementation and operation of
 1080  the provisions of s. 39.6015 and the Road-to-Independence
 1081  Program. This advisory council shall continue to function as
 1082  specified in this subsection until the Legislature determines
 1083  that the advisory council can no longer provide a valuable
 1084  contribution to the department’s efforts to achieve the goals of
 1085  the services designed to enable a young adult to live
 1086  independently.
 1087         (a) Specifically, the advisory council shall assess the
 1088  implementation and operation of the provisions of s. 39.6015 and
 1089  the Road-to-Independence Program and advise the department on
 1090  actions that would improve the ability of those Road-to
 1091  Independence Program services to meet the established goals. The
 1092  advisory council shall keep the department informed of problems
 1093  being experienced with the services, barriers to the effective
 1094  and efficient integration of services and support across
 1095  systems, and successes that the system of services has achieved.
 1096  The department shall consider, but is not required to implement,
 1097  the recommendations of the advisory council.
 1098         (b) The advisory council shall report to the secretary on
 1099  the status of the implementation of the Road-To-Independence
 1100  Program; efforts to publicize the availability of the Road-to
 1101  Independence Program; the success of the services; problems
 1102  identified; recommendations for department or legislative
 1103  action; and the department’s implementation of the
 1104  recommendations contained in the Independent Living Services
 1105  Integration Workgroup Report submitted to the appropriate
 1106  substantive committees of the Legislature by December 31, 2002.
 1107  The department shall submit a report by December 31 of each year
 1108  to the Governor and the Legislature which includes a summary of
 1109  the factors reported on by the council and identifies the
 1110  recommendations of the advisory council and either describes the
 1111  department’s actions to implement the recommendations or
 1112  provides the department’s rationale for not implementing the
 1113  recommendations.
 1114         (c) Members of the advisory council shall be appointed by
 1115  the secretary of the department. The membership of the advisory
 1116  council must include, at a minimum, representatives from the
 1117  headquarters and district offices of the Department of Children
 1118  and Family Services, community-based care lead agencies, the
 1119  Agency for Workforce Innovation, the Department of Education,
 1120  the Agency for Health Care Administration, the State Youth
 1121  Advisory Board, Workforce Florida, Inc., the Statewide Guardian
 1122  Ad Litem Office, foster parents, recipients of services and
 1123  funding through the Road-to-Independence Program, and advocates
 1124  for children in care. The secretary shall determine the length
 1125  of the term to be served by each member appointed to the
 1126  advisory council, which may not exceed 4 years.
 1127         (d) The department shall provide administrative support to
 1128  the Independent Living Services Advisory Council to accomplish
 1129  its assigned tasks. The advisory council shall be afforded
 1130  access to all appropriate data from the department, each
 1131  community-based care lead agency, and other relevant agencies in
 1132  order to accomplish the tasks set forth in this section. The
 1133  data collected may not include any information that would
 1134  identify a specific child or young adult.
 1135         (e) The advisory council report required under paragraph
 1136  (b) to be submitted to the substantive committees of the Senate
 1137  and the House of Representatives by December 31, 2008, shall
 1138  include an analysis of the system of independent living
 1139  transition services for young adults who attain 18 years of age
 1140  while in care prior to completing high school or its equivalent
 1141  and recommendations for department or legislative action. The
 1142  council shall assess and report on the most effective method of
 1143  assisting these young adults to complete high school or its
 1144  equivalent by examining the practices of other states.
 1145         (6) PERSONAL PROPERTY.—Property acquired on behalf of
 1146  clients of this program shall become the personal property of
 1147  the clients and is not subject to the requirements of chapter
 1148  273 relating to state-owned tangible personal property. Such
 1149  property continues to be subject to applicable federal laws.
 1150         (7) MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN CARE.
 1151  The department shall enroll in the Florida Kidcare program,
 1152  outside the open enrollment period, each young adult who is
 1153  eligible as described in paragraph (1)(a) and who has not yet
 1154  reached his or her 19th birthday.
 1155         (a) A young adult who was formerly in care at the time of
 1156  his or her 18th birthday and who is 18 years of age but not yet
 1157  19, shall pay the premium for the Florida Kidcare program as
 1158  required in s. 409.814.
 1159         (b) A young adult who has health insurance coverage from a
 1160  third party through his or her employer or who is eligible for
 1161  Medicaid is not eligible for enrollment under this subsection.
 1162         (8)RULEMAKING.The department shall adopt by rule
 1163  procedures to administer this section. The rules shall describe
 1164  the procedure and requirements necessary to administer the Road
 1165  to-Independence Program. The rules shall reflect that the
 1166  program is for young adults who have chosen to remain in care
 1167  for an extended period of time or who are planning to attain
 1168  post secondary education and should be designed to accommodate a
 1169  young adult’s busy life and schedule. The rules shall make the
 1170  program easy to access for a qualified young adult and
 1171  facilitate and encourage his or her participation.
 1172         Section 6. The Department of Children and Family Services
 1173  shall amend the format of the case plan and the judicial review
 1174  social service report to reflect the provisions of s. 39.6015,
 1175  Florida Statutes, and the changes to s. 409.1451, Florida
 1176  Statutes.
 1177         Section 7. Effective October 1, 2011, a child or young
 1178  adult who is currently participating in the Road-to-Independence
 1179  Program may continue in the program as it exists as of September
 1180  30, 2011. A child or young adult applying for the Road-to
 1181  Independence program on or after October 1, 2011, may apply for
 1182  program services only as provided in this act.
 1183         Section 8. The Department of Children and Family Services
 1184  shall develop a request for proposal for the purpose of
 1185  establishing and operating a system to provide educational
 1186  advocates for a child in care who is in middle and high school.
 1187  Competitive proposals shall be solicited by the department
 1188  pursuant to chapter 287, Florida Statutes. Entities responding
 1189  to the request for proposal must have child advocacy as their
 1190  primary focus, have an established statewide infrastructure, and
 1191  have experience in working with paid staff and volunteers.
 1192         Section 9. The Department of Children and Family Services
 1193  shall contract with a national nonprofit organization that
 1194  advocates for and provides services to older children in care
 1195  and young adults formerly in care for the purpose of
 1196  administering the Road-to-Independence Program. The organization
 1197  must have experience and expertise in administering scholarship
 1198  programs, providing mentoring and academic coaching to help
 1199  young adults at risk of failing or dropping out of school, and
 1200  assisting young adults locate internship opportunities. The
 1201  organization must also be able to report enrollment, attendance,
 1202  academic progress, and financial data for each young adult to
 1203  the state at an agreed-upon interval.
 1204         Section 10. This act shall take effect July 1, 2011.
 1205  
 1206  ================= T I T L E  A M E N D M E N T ================
 1207         And the title is amended as follows:
 1208         Delete everything before the enacting clause
 1209  and insert:
 1210                        A bill to be entitled                      
 1211         An act relating to independent living; amending s.
 1212         39.013, F.S.; requiring the court to retain
 1213         jurisdiction over a child until the child is 21 years
 1214         of age if the child elects to receive Foundations
 1215         First Program services; providing for an annual
 1216         judicial review; amending s. 39.6012, F.S.; requiring
 1217         assurance in a child’s case plan that efforts were
 1218         made to avoid a change in the child’s school; creating
 1219         s. 39.6015, F.S.; providing purpose and legislative
 1220         intent with respect to the provision of services for
 1221         older children who are in licensed care; requiring the
 1222         documentation of assurances that school stability is
 1223         considered when a child in care is moved; providing
 1224         for the same assurances for children with
 1225         disabilities; defining the term “school or origin”;
 1226         requiring that the Department of Children and Family
 1227         Services or the community-based provider provide
 1228         reimbursement for the costs of transportation provided
 1229         for a child in care; requiring changes in a child’s
 1230         school to be minimally disruptive; specifying criteria
 1231         to be considered by the department and community-based
 1232         provider during the transition of a child to another
 1233         school; requiring children in care to attend school;
 1234         requiring scheduled appointments to consider the
 1235         child’s school attendance; providing penalties for
 1236         caregivers who refuse or fail to ensure that the child
 1237         attends school regularly; specifying who may serve as
 1238         an education advocate; requiring documentation that an
 1239         education advocate or surrogate parent has been
 1240         designated or appointed for a child in care; requiring
 1241         a child in middle school to complete an electronic
 1242         personal academic and career plan; requiring
 1243         caregivers to attend school meetings; specifying
 1244         requirements for transition individual education plan
 1245         meetings for children with disabilities; requiring
 1246         that a child be provided with information relating to
 1247         the Road-to-Independence Program; requiring that the
 1248         caregiver or education advocate attend parent-teacher
 1249         conferences; requiring that a caregiver be provided
 1250         with access to school resources in order to enable a
 1251         child to achieve educational success; requiring the
 1252         delivery of a curriculum model relating to self
 1253         advocacy; requiring documentation of a child’s
 1254         progress, the services needed, and the party
 1255         responsible for providing services; specifying choices
 1256         for a child with respect to diplomas and certificates
 1257         for high school graduation or completion; providing
 1258         that a child with a disability may stay in school
 1259         until 22 years of age under certain circumstances;
 1260         requiring caregivers to remain involved in the
 1261         academic life of child in high school; requiring
 1262         documentation of a child’s progress, the services
 1263         needed, and the party who is responsible for providing
 1264         services; providing for a child to be exposed to job
 1265         preparatory instruction, enrichment activities, and
 1266         volunteer and service opportunities, including
 1267         activities and services offered by the Agency for
 1268         Workforce Innovation; requiring that children in care
 1269         be afforded opportunities to participate in the usual
 1270         activities of school, community, and family life;
 1271         requiring caregivers to encourage and support a
 1272         child’s participation in extracurricular activities;
 1273         requiring that transportation be provided for a child;
 1274         providing for the development of a transition plan;
 1275         specifying the contents of a transition plan;
 1276         requiring that the plan be reviewed by the court;
 1277         requiring that a child be provided with specified
 1278         documentation; requiring that the transition plan be
 1279         coordinated with the case plan and a transition plan
 1280         prepared pursuant to the Individuals with Disabilities
 1281         Education Act for a child with disabilities; requiring
 1282         the creation of a notice that specifies the options
 1283         that are available to the child; requiring that
 1284         community-based care lead agencies and contracted
 1285         providers report specified data to the department and
 1286         Legislature; amending s. 39.701, F.S.; conforming
 1287         terminology; specifying the required considerations
 1288         during judicial review of a child under the
 1289         jurisdiction of the court; specifying additional
 1290         documents that must be provided to a child and that
 1291         must be verified at the judicial review; requiring
 1292         judicial review of a transition plan; conforming
 1293         references; amending s. 409.1451, F.S., relating to
 1294         the Road-to-Independence Program; creating the
 1295         Foundations First Program for young adults who want to
 1296         remain in care after reaching 18 years of age;
 1297         providing eligibility, termination, and reentry
 1298         requirements for the program; requiring a court
 1299         hearing before termination; providing for the
 1300         development of a transition plan; specifying the
 1301         contents of the transition plan; requiring that a
 1302         young adult be provided with specified documentation;
 1303         requiring that the transition plan be coordinated with
 1304         the case plan and a transition plan prepared pursuant
 1305         to the Individuals with Disabilities Education Act for
 1306         a young adult with disabilities; requiring the
 1307         creation of a notice that specifies the options that
 1308         are available to the young adult; requiring annual
 1309         judicial reviews; creating the College Bound Program
 1310         for young adults who have completed high school and
 1311         have been admitted to an eligible postsecondary
 1312         institution; providing eligibility requirements;
 1313         providing for a stipend; requiring satisfactory
 1314         academic progress for continuation of the stipend;
 1315         providing for reinstatement of the stipend; providing
 1316         for portability of services for a child or young adult
 1317         who moves out of the county or out of state;
 1318         specifying data required to be reported to the
 1319         department and Legislature; conforming terminology
 1320         relating to the Independent Living Services Advisory
 1321         Council; providing rulemaking authority to the
 1322         Department of Children and Family Services; requiring
 1323         the department to amend the case plan and judicial
 1324         social service review formats; providing for young
 1325         adults receiving transition services to continue to
 1326         receive existing services until their eligibility for
 1327         that benefit program expires; requiring the department
 1328         to develop a request for proposal for the creation of
 1329         an education advocacy system; requiring the department
 1330         to contract with a national nonprofit organization to
 1331         administer the Road-to-Independence Program; providing
 1332         an effective date.