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 39.6015 Services 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 adult’s 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.