CS for SB 1902                                   First Engrossed
       
       
       
       
       
       
       
       
       20111902e1
       
    1                        A bill to be entitled                      
    2         An act relating to independent living; amending s.
    3         39.013, F.S.; requiring the court to retain
    4         jurisdiction over a child until the child is 21 years
    5         of age if the child elects to receive Foundations
    6         First Program services; providing for an annual
    7         judicial review; amending s. 39.6012, F.S.; requiring
    8         assurance in a child’s case plan that efforts were
    9         made to avoid a change in the child’s school;
   10         requiring that the case plan contain procedures for an
   11         older child to directly access and manage a personal
   12         allowance; creating s. 39.6015, F.S.; providing
   13         purpose and legislative intent with respect to the
   14         provision of services for older children who are in
   15         licensed care; requiring the documentation of
   16         assurances that school stability is considered when a
   17         child in care is moved; providing for the same
   18         assurances for children with disabilities; defining
   19         the term “school of origin”; requiring that the
   20         Department of Children and Family Services or the
   21         community-based provider provide reimbursement for the
   22         costs of transportation provided for a child in care;
   23         requiring changes in a child’s school to be minimally
   24         disruptive; specifying criteria to be considered by
   25         the department and community-based provider during the
   26         transition of a child to another school; requiring
   27         children in care to attend school; requiring scheduled
   28         appointments to consider the child’s school
   29         attendance; providing penalties for caregivers who
   30         refuse or fail to ensure that the child attends school
   31         regularly; specifying who may serve as an education
   32         advocate; requiring documentation that an education
   33         advocate or surrogate parent has been designated or
   34         appointed for a child in care; requiring a child in
   35         middle school to complete an electronic personal
   36         academic and career plan; requiring caregivers to
   37         attend school meetings; specifying requirements for
   38         individual education transition plan meetings for
   39         children with disabilities; requiring that a child be
   40         provided with information relating to the Road-to
   41         Independence Program; requiring that the caregiver or
   42         education advocate attend parent-teacher conferences;
   43         requiring that a caregiver be provided with access to
   44         school resources in order to enable a child to achieve
   45         educational success; requiring the delivery of a
   46         curriculum model relating to self-advocacy; requiring
   47         documentation of a child’s progress, the services
   48         needed, and the party responsible for providing
   49         services; specifying choices for a child with respect
   50         to diplomas and certificates for high school
   51         graduation or completion; providing that a child with
   52         a disability may stay in school until 22 years of age
   53         under certain circumstances; requiring caregivers to
   54         remain involved in the academic life of child in high
   55         school; requiring documentation of a child’s progress,
   56         the services needed, and the party who is responsible
   57         for providing services; providing for a child to be
   58         exposed to job-preparatory instruction, enrichment
   59         activities, and volunteer and service opportunities,
   60         including activities and services offered by the
   61         Agency for Workforce Innovation; requiring that
   62         children in care be afforded opportunities to
   63         participate in the usual activities of school,
   64         community, and family life; requiring caregivers to
   65         encourage and support a child’s participation in
   66         extracurricular activities; requiring that
   67         transportation be provided for a child; providing for
   68         the development of a transition plan; specifying the
   69         contents of a transition plan; requiring that the plan
   70         be reviewed by the court; requiring that a child be
   71         provided with specified documentation; requiring that
   72         the transition plan be coordinated with the case plan
   73         and a transition plan prepared pursuant to the
   74         Individuals with Disabilities Education Act for a
   75         child with disabilities; requiring the creation of a
   76         notice that specifies the options that are available
   77         to the child; requiring that community-based care lead
   78         agencies and contracted providers report specified
   79         data to the department and Legislature; amending s.
   80         39.701, F.S.; conforming terminology; specifying the
   81         required considerations during judicial review of a
   82         child under the jurisdiction of the court; specifying
   83         additional documents that must be provided to a child
   84         and that must be verified at the judicial review;
   85         requiring judicial review of a transition plan;
   86         amending s. 409.1451, F.S., relating to the Road-to
   87         Independence Program; creating the Foundations First
   88         Program for young adults who want to remain in care
   89         after reaching 18 years of age; providing eligibility,
   90         termination, and reentry requirements for the program;
   91         requiring a court hearing before termination;
   92         providing for the development of a transition plan;
   93         specifying the contents of the transition plan;
   94         requiring that a young adult be provided with
   95         specified documentation; requiring that the transition
   96         plan be coordinated with the case plan and a
   97         transition plan prepared pursuant to the Individuals
   98         with Disabilities Education Act for a young adult with
   99         disabilities; requiring the creation of a notice that
  100         specifies the options that are available to the young
  101         adult; requiring annual judicial reviews; creating the
  102         College Bound Program for young adults who have
  103         completed high school and have been admitted to an
  104         eligible postsecondary institution; providing
  105         eligibility requirements; providing for a stipend;
  106         requiring satisfactory academic progress for
  107         continuation of the stipend; providing for
  108         reinstatement of the stipend; providing for
  109         portability of services for a child or young adult who
  110         moves out of the county or out of state; specifying
  111         data required to be reported to the department and
  112         Legislature; conforming terminology relating to the
  113         Independent Living Services Advisory Council;
  114         providing rulemaking authority to the Department of
  115         Children and Family Services; amending s. 409.903,
  116         F.S.; conforming a cross-reference; requiring the
  117         department to amend the case plan and judicial social
  118         service review formats; providing for young adults
  119         receiving transition services to continue to receive
  120         existing services until December 31, 2011; providing
  121         exceptions; providing an effective date.
  122  
  123  Be It Enacted by the Legislature of the State of Florida:
  124  
  125         Section 1. Subsection (2) of section 39.013, Florida
  126  Statutes, is amended to read:
  127         39.013 Procedures and jurisdiction; right to counsel.—
  128         (2) The circuit court has exclusive original jurisdiction
  129  of all proceedings under this chapter, of a child voluntarily
  130  placed with a licensed child-caring agency, a licensed child
  131  placing agency, or the department, and of the adoption of
  132  children whose parental rights have been terminated under this
  133  chapter. Jurisdiction attaches when the initial shelter
  134  petition, dependency petition, or termination of parental rights
  135  petition is filed or when a child is taken into the custody of
  136  the department. The circuit court may assume jurisdiction over
  137  any such proceeding regardless of whether the child was in the
  138  physical custody of both parents, was in the sole legal or
  139  physical custody of only one parent, caregiver, or some other
  140  person, or was in the physical or legal custody of no person
  141  when the event or condition occurred that brought the child to
  142  the attention of the court. When the court obtains jurisdiction
  143  of any child who has been found to be dependent, the court shall
  144  retain jurisdiction, unless relinquished by its order, until the
  145  child reaches 18 years of age. However, if a young adult youth
  146  petitions the court at any time before his or her 19th birthday
  147  requesting the court’s continued jurisdiction, the juvenile
  148  court may retain jurisdiction under this chapter for a period
  149  not to exceed 1 year following the young adult’s youth’s 18th
  150  birthday for the purpose of determining whether appropriate
  151  aftercare support, Road-to-Independence Program, transitional
  152  support, mental health, and developmental disability services
  153  that were required to be provided to the young adult before
  154  reaching 18 years of age, to the extent otherwise authorized by
  155  law, have been provided to the formerly dependent child who was
  156  in the legal custody of the department immediately before his or
  157  her 18th birthday. If a young adult chooses to participate in
  158  the Foundations First Program, the court shall retain
  159  jurisdiction until the young adult leaves the program as
  160  provided for in s. 409.1451(4). The court shall review the
  161  status of the young adult at least every 12 months or more
  162  frequently if the court deems it necessary. If a petition for
  163  special immigrant juvenile status and an application for
  164  adjustment of status have been filed on behalf of a foster child
  165  and the petition and application have not been granted by the
  166  time the child reaches 18 years of age, the court may retain
  167  jurisdiction over the dependency case solely for the purpose of
  168  allowing the continued consideration of the petition and
  169  application by federal authorities. Review hearings for the
  170  child shall be set solely for the purpose of determining the
  171  status of the petition and application. The court’s jurisdiction
  172  terminates upon the final decision of the federal authorities.
  173  Retention of jurisdiction in this instance does not affect the
  174  services available to a young adult under s. 409.1451. The court
  175  may not retain jurisdiction of the case after the immigrant
  176  child’s 22nd birthday.
  177         Section 2. Subsections (2) and (3) of section 39.6012,
  178  Florida Statutes, are amended, and subsection (4) is added to
  179  that section, to read:
  180         39.6012 Case plan tasks; services.—
  181         (2) The case plan must include all available information
  182  that is relevant to the child’s care including, at a minimum:
  183         (a) A description of the identified needs of the child
  184  while in care.
  185         (b) A description of the plan for ensuring that the child
  186  receives safe and proper care and that services are provided to
  187  the child in order to address the child’s needs. To the extent
  188  available and accessible, the following health, mental health,
  189  and education information and records of the child must be
  190  attached to the case plan and updated throughout the judicial
  191  review process:
  192         1. The names and addresses of the child’s health, mental
  193  health, and educational providers;
  194         2. The child’s grade level performance;
  195         3. The child’s school record;
  196         4. Assurances that the child’s placement takes into account
  197  proximity to the school in which the child is enrolled at the
  198  time of placement and that efforts were made to allow the child
  199  to remain in that school if it is in the best interest of the
  200  child;
  201         5. A record of the child’s immunizations;
  202         6. The child’s known medical history, including any known
  203  problems;
  204         7. The child’s medications, if any; and
  205         8. Any other relevant health, mental health, and education
  206  information concerning the child.
  207         (3) In addition to any other requirement, if the child is
  208  in an out-of-home placement, the case plan must include:
  209         (a) A description of the type of placement in which the
  210  child is to be living.
  211         (b) A description of the parent’s visitation rights and
  212  obligations and the plan for sibling visitation if the child has
  213  siblings and is separated from them.
  214         (c) When appropriate, for a child who is in middle school
  215  or high school 13 years of age or older, a written description
  216  of the programs and services that will help the child prepare
  217  for the transition from foster care to independent living.
  218         (d) A discussion of the safety and the appropriateness of
  219  the child’s placement, which placement is intended to be safe,
  220  and the least restrictive and the most family-like setting
  221  available consistent with the best interest and special needs of
  222  the child and in as close proximity as possible to the child’s
  223  home.
  224         (4) The case plan must contain procedures for an older
  225  child to directly access and manage the personal allowance he or
  226  she receives from the department in order to learn
  227  responsibility and participate, to the extent feasible, in age
  228  appropriate life skills activities.
  229         Section 3. Section 39.6015, Florida Statutes, is created to
  230  read:
  231         39.6015Services for older children in care.—
  232         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  233  education and the other positive experiences of a child are key
  234  to a successful future as an adult and that it is particularly
  235  important for a child in care to be provided with opportunities
  236  to succeed. The Legislature intends that individuals and
  237  communities become involved in the education of a child in care,
  238  address issues that will improve the educational outcomes for
  239  the child, and find ways to ensure that the child values and
  240  receives a high-quality education. Many professionals in the
  241  local community understand these issues, and it is the intent of
  242  the Legislature that biological parents, caregivers, educators,
  243  advocates, the department and its community-based care
  244  providers, guardians ad litem, and judges, in fulfilling their
  245  responsibilities to the child, work together to ensure that an
  246  older child in care has access to the same academic resources,
  247  services, and extracurricular and enrichment activities that are
  248  available to all children. Engaging an older child in a broad
  249  range of the usual activities of family, school, and community
  250  life during adolescence will help to empower the child in his or
  251  her transition into adulthood and in living independently. The
  252  Legislature intends for services to be delivered in an age
  253  appropriate and developmentally appropriate manner, along with
  254  modifications or accommodations as may be necessary to include
  255  every child, specifically including a child with a disability.
  256  It is also the intent of the Legislature that while services to
  257  prepare an older child for life on his or her own are important,
  258  these services will not diminish efforts to achieve permanency
  259  goals of reunification, adoption, or permanent guardianship.
  260         (2) EDUCATION PROVISIONS.—Perhaps more than any other
  261  population, an older child in care is in need of a quality
  262  education. The child depends on the school to provide positive
  263  role models, to provide a network of relationships and
  264  friendships that will help the child gain social and personal
  265  skills, and to provide the educational opportunities and other
  266  activities that are needed for a successful transition into
  267  adulthood.
  268         (a) Definitions.As used in this section, the term:
  269         1. “Caregiver” has the same meaning as provided in s.
  270  39.01(10) and also includes a staff member of the group home or
  271  facility in which the child resides.
  272         2. “School of origin” means the school that the child
  273  attended before coming into care or the school in which the
  274  child was last enrolled. If the child is relocated outside the
  275  area of the school of origin, the department and its community
  276  based providers shall provide the necessary support to the
  277  caregiver so that the child can continue enrollment in the
  278  school of origin if it is in the best interest of the child.
  279         (b) School stability.—The mobility of a child in care can
  280  disrupt the educational experience. Whenever a child enters
  281  care, or is moved from one home to another, the proximity of the
  282  new home to the child’s school of origin shall be considered.
  283  The case plan must include tasks or a plan for ensuring the
  284  child’s educational stability while in care. As part of this
  285  plan, the community-based care provider shall document
  286  assurances that:
  287         1. The appropriateness of the current educational setting
  288  and the proximity to the school in which the child is enrolled
  289  at the time of coming into care have been taken into
  290  consideration.
  291         2. The community-based care provider has coordinated with
  292  the appropriate local school district to determine if the child
  293  can remain in the school in which he or she is enrolled.
  294         3. The child in care has been asked about his or her
  295  educational preferences and needs, including his or her view on
  296  whether to change schools when the living situation changes.
  297         4. A child with a disability is allowed to continue in an
  298  appropriate educational setting, regardless of changes to the
  299  location of the home, and transportation is addressed and
  300  provided in accordance with the child’s individualized education
  301  program. A child with a disability shall receive the protections
  302  provided in federal and state law, including timelines for
  303  evaluations, implementation of an individualized education plan
  304  or an individual family service plan, and placement in the least
  305  restrictive environment, even when the child changes school
  306  districts.
  307         5. The department and its community-based providers shall
  308  provide special reimbursement for expenses associated with
  309  transporting a child to his or her school of origin if the
  310  school district does not provide transportation or the
  311  individualized education plan does not include transportation as
  312  a service. Transportation arrangements shall follow a route that
  313  is as direct and expedient for the child as is reasonably
  314  possible.
  315         (c) School transitions.A change in schools, if necessary,
  316  shall be as least disruptive as possible, and the support
  317  necessary for a successful transition shall be provided by the
  318  department, the community-based provider, and the caregiver. The
  319  department and the community-based providers shall work with
  320  school districts to develop and implement procedures to ensure
  321  that a child in care:
  322         1. Is enrolled immediately in a new school and can begin
  323  classes promptly.
  324         2. Does not experience a delay in enrollment and delivery
  325  of appropriate services due to school or record requirements as
  326  required by s. 1003.22.
  327         3. Has education records that are comprehensive and
  328  accurate and that promptly follow the child to a new school.
  329         4. Is allowed to participate in all academic and
  330  extracurricular programs, including athletics, when arriving at
  331  a new school in the middle of a school term, even if normal
  332  timelines have passed or programs are full. A district school
  333  board or school athletic association, including the Florida High
  334  School Athletic Association or successor, may not prevent, or
  335  create barriers to, the ability of a child in care to
  336  participate in age-appropriate extracurricular, enrichment, or
  337  social activities.
  338         5. Receives credit or partial credit for coursework
  339  completed at the prior school.
  340         6. Has the ability to receive a high school diploma even
  341  when the child has attended multiple schools that have varying
  342  graduation requirements.
  343         (d) School attendance.A child in care shall attend school
  344  as required by s. 1003.26.
  345         1. The community-based care provider and caregiver shall
  346  eliminate any barriers to attendance such as required school
  347  uniforms or school supplies.
  348         2. Appointments and court appearances for a child in care
  349  shall be scheduled to minimize the impact on the child’s
  350  education and to ensure that the child is not penalized for
  351  school time or work missed because of court hearings or
  352  activities related to the child welfare case.
  353         3.A caregiver who refuses or fails to ensure that a child
  354  who is in his or her care attends school regularly is subject to
  355  the same procedures and penalties as a parent under s. 1003.27.
  356         (e)Education advocacy.
  357         1. A child in care shall have an adult caregiver who is
  358  knowledgeable about schools and children in care and who serves
  359  as an education advocate to reinforce the value of the child’s
  360  investment in education, to ensure that the child receives a
  361  high-quality education, and to help the child plan for middle
  362  school, high school, and postschool training, employment, or
  363  college. The advocate may be a caregiver, care manager, guardian
  364  ad litem, educator, or individual hired and trained for the
  365  specific purpose of serving as an education advocate.
  366         2. A child in care with disabilities who is eligible for
  367  the appointment of a surrogate parent, as required in s.
  368  39.0016, shall be assigned a surrogate in a timely manner, but
  369  no later than 30 days after a determination that a surrogate is
  370  needed.
  371         3. The community-based provider shall document in the
  372  child’s case plan that an education advocate has been identified
  373  for each child in care or that a surrogate parent has been
  374  appointed for each child in care with a disability.
  375         (f) Academic requirements and support; middle school
  376  students.—A child must complete the required courses that
  377  include mathematics, English, social studies, and science in
  378  order to be promoted from a state school composed of middle
  379  grades 6, 7, and 8.
  380         1. In addition to other academic requirements, a child must
  381  complete one course in career and education planning in 7th or
  382  8th grade. The course, as required by s. 1003.4156, must include
  383  career exploration using Florida CHOICES Explorer or Florida
  384  CHOICES Planner and must include educational planning using the
  385  online student advising system known as Florida Academic
  386  Counseling and Tracking for Students at the Internet website
  387  FACTS.org.
  388         a. Each child shall complete an electronic personalized
  389  academic and career plan that must be signed by the child, the
  390  child’s teacher, guidance counselor, or academic advisor, and
  391  the child’s parent, caregiver, or other designated education
  392  advocate. Any designated advocate must have the knowledge and
  393  training to serve in that capacity.
  394         b. The required personalized academic and career plan must
  395  inform students of high school graduation requirements, high
  396  school assessment and college entrance test requirements,
  397  Florida Bright Futures Scholarship Program requirements, state
  398  university and Florida College System institution admission
  399  requirements, and programs through which a high school student
  400  may earn college credit, including Advanced Placement,
  401  International Baccalaureate, Advanced International Certificate
  402  of Education, dual enrollment, career academy opportunities, and
  403  courses that lead to national industry certification.
  404         c. A caregiver shall attend the parent meeting held by the
  405  school to inform parents about the career and education planning
  406  course curriculum and the activities associated with the
  407  curriculum.
  408         2. For a child with a disability, the decision whether to
  409  work toward a standard diploma or a special diploma shall be
  410  addressed at the meeting on the individual education transition
  411  plan conducted during the child’s 8th grade or the year the
  412  child turns 14 years of age, whichever occurs first. The child
  413  shall be invited to participate in this and each subsequent
  414  transition plan meeting. At this meeting, the individual
  415  education transition plan team, including the child, the
  416  caregiver, and other designated education advocate, shall
  417  determine whether a standard or special diploma best prepares
  418  the child for his or her education and career goals after high
  419  school.
  420         a. The team shall plan the appropriate course of study,
  421  which may include basic education courses, career education
  422  courses, and exceptional student education courses.
  423         b. The team shall identify any special accommodations,
  424  modifications, and related services needed to help the child
  425  participate fully in the educational program.
  426         c. All decisions shall be documented on the individual
  427  education transition plan, and this information shall be used to
  428  guide the child’s educational program as he or she enters high
  429  school.
  430         3. A caregiver or the community-based care provider shall
  431  provide the child with all information related to the Road-to
  432  Independence Program as provided in s. 409.1451.
  433         4. A caregiver or another designated education advocate
  434  shall attend parent-teacher conferences and monitor each child’s
  435  academic progress.
  436         5. Each district school board, as required by s. 1002.23,
  437  shall develop and implement a well-planned, inclusive, and
  438  comprehensive program to assist parents and families in
  439  effectively participating in their child’s education. A school
  440  district shall have available resources and services for parents
  441  and their children, such as family literacy services; mentoring,
  442  tutorial, and other academic reinforcement programs; college
  443  planning, academic advisement, and student counseling services;
  444  and after-school programs. A caregiver shall access these
  445  resources as necessary to enable the child in his or her care to
  446  achieve educational success.
  447         6. A child in care, particularly a child with a disability,
  448  shall be involved and engaged in all aspects of his or her
  449  education and educational planning and must be empowered to be
  450  an advocate for his or her education needs. Community-based care
  451  providers shall enter into partnerships with school districts to
  452  deliver curriculum on self-determination or self-advocacy to
  453  engage and empower the child to be his or her own advocate,
  454  along with support from the caregiver, community-based care
  455  provider, guardian ad litem, teacher, school guidance counselor,
  456  and other designated education advocate.
  457         7. The community-based care provider shall document in the
  458  case plan evidence of the child’s progress toward, and
  459  achievement of, academic, life, social, and vocational skills.
  460  The case plan shall be amended to fully and accurately reflect
  461  the child’s academic and career plan, identify the services and
  462  tasks needed to support that plan, and identify the party
  463  responsible for accomplishing the tasks or providing the needed
  464  services.
  465         (g) Academic requirements and support; high school
  466  students.Graduation from high school is essential for a child
  467  to be able to succeed and live independently as an adult. In
  468  Florida, 70 percent of children in care reach 18 years of age
  469  without having obtained a high school diploma. It is the
  470  responsibility of the department, its community-based providers,
  471  and caregivers to ensure that a child in care is able to take
  472  full advantage of every resource and opportunity in order to be
  473  able to graduate from high school and be adequately prepared to
  474  pursue postsecondary education at a college or university or to
  475  acquire the education and skills necessary to enter the
  476  workplace. In preparation for accomplishing education and career
  477  goals after high school, the child must select the appropriate
  478  course of study which best meets his or her needs.
  479         1. An older child who plans to attend a college or
  480  university after graduation must take certain courses to meet
  481  state university admission requirements. The course requirements
  482  for state university admission are the same for two Bright
  483  Futures Scholarship awards, the Florida Academic Scholars award,
  484  and the Florida Medallion Scholars award. By following this
  485  course of study, which is required for state university
  486  admission and recommended if the child intends to pursue an
  487  associate in arts degree at a Florida College System institution
  488  and transfer to a college or university to complete a bachelor’s
  489  degree, the child will meet the course requirements for high
  490  school graduation, state university admission, and two Bright
  491  Futures Scholarship awards.
  492         2. An older child who plans on a career technical program
  493  in high school to gain skills for work or continue after
  494  graduation at a Florida College System institution, technical
  495  center, or registered apprenticeship program should choose a
  496  course of study which meets the course requirements for high
  497  school graduation, the third Bright Futures Scholarship award,
  498  and the Florida Gold Seal Vocational Scholars award. This course
  499  of study is recommended if the child intends to pursue a
  500  technical certificate or license, an associate degree, or a
  501  bachelor’s degree, or wishes to gain specific career training.
  502         3. An older child with a disability may choose to work
  503  toward a standard diploma, a special diploma, or a certificate
  504  of completion. The child shall be assisted in choosing a diploma
  505  option by school and district staff through the development of
  506  the individual education plan. The diploma choice shall be
  507  reviewed each year at the child’s individual education plan
  508  meeting.
  509         a. An older child or young adult with a disability who has
  510  not earned a standard diploma or who has been awarded a special
  511  diploma, certificate of completion, or special certificate of
  512  completion before reaching 22 years of age may stay in school
  513  until he or she reaches 22 years of age.
  514         b. The school district shall continue to offer services
  515  until the young adult reaches 22 years of age or until he or she
  516  earns a standard diploma, whichever occurs first, as required by
  517  the Individuals with Disabilities Education Act.
  518         4. This paragraph does not preclude an older child from
  519  seeking the International Baccalaureate Diploma or the Advanced
  520  International Certificate of Education Diploma.
  521         5. Educational guidance and planning for high school shall
  522  be based upon the decisions made during middle school.
  523  Caregivers shall remain actively involved in the child’s
  524  academic life by attending parent-teacher conferences and by
  525  taking advantage of available resources to enable the child to
  526  achieve academic success.
  527         6. The community-based care provider shall document in the
  528  case plan evidence of the child’s progress toward, and
  529  achievement of, academic, life, social, and vocational skills.
  530  The case plan shall be amended to completely reflect the child’s
  531  academic and career plan, identify the services and tasks needed
  532  to support that plan, and identify the party responsible for
  533  accomplishing the tasks or providing the needed services. At a
  534  minimum, a case staffing must be held annually before the child
  535  reaches 16 years of age and every 6 months thereafter to ensure
  536  that the child’s case plan is up to date.
  537         7. Participation in workforce readiness activities is
  538  essential for a child in care at the high school level to
  539  prepare himself or herself to be a self-supporting and
  540  productive adult. The caregiver and the community-based care
  541  provider shall ensure that each child:
  542         a. Who is interested in pursuing a career after high school
  543  graduation is exposed to job-preparatory instruction in the
  544  competencies that prepare students for effective entry into an
  545  occupation, including diversified cooperative education, work
  546  experience, and job-entry programs that coordinate directed
  547  study and on-the-job training.
  548         b. Is provided with the opportunity to participate in
  549  enrichment activities that increase the child’s understanding of
  550  the workplace, to explore careers, and to develop goal-setting,
  551  decisionmaking, and time-management skills.
  552         c. Is provided with volunteer and service learning
  553  opportunities in order to develop workplace and planning skills,
  554  self esteem, and personal leadership skills.
  555         d. Is provided with an opportunity to participate in
  556  activities and services provided by the Agency for Workforce
  557  Innovation and its regional workforce boards which prepare all
  558  young adults, including those with a disability, for the
  559  workforce.
  560         (3) EXTRACURRICULAR ACTIVITIES.—An older child in care
  561  shall be accorded to the fullest extent possible the opportunity
  562  to participate in the activities of community, school, and
  563  family life.
  564         (a) A caregiver shall encourage and support participation
  565  in age-appropriate extracurricular and social activities for an
  566  older child, including a child with a disability.
  567         (b) A caregiver shall provide transportation for such
  568  activities, and community-based care providers shall reimburse
  569  the caregiver for the expenses associated with such activities,
  570  including mileage reimbursement.
  571         (c) The department and its community-based providers may
  572  not place an older child in a home if the caregiver does not
  573  encourage or facilitate participation in and provide
  574  transportation to the extracurricular activities of the child’s
  575  choice, unless other arrangements can be made by the community
  576  based care provider to enable the child’s participation in such
  577  activities.
  578         (d) A caregiver’s license or licensure status is not
  579  affected by the age-appropriate actions of a child engaging in
  580  activities while in his or her care.
  581         (4) DEVELOPMENT OF THE TRANSITION PLAN.—If a child is
  582  planning to leave care upon reaching 18 years of age, during the
  583  180-day period before the child reaches 18 years of age, the
  584  department and community-based care provider, in collaboration
  585  with the caregiver, any other designated education advocate, and
  586  any other individual whom the child would like to have included,
  587  shall assist and support the older child in developing a
  588  transition plan. The transition plan must take into account all
  589  of the education and other skills achieved by the child in
  590  middle and high school, must include specific options for the
  591  child on housing, health insurance, education, local
  592  opportunities for mentors and continuing support services, and
  593  workforce support and employment services, and must be reviewed
  594  by the court during the last review hearing before the child
  595  reaches 18 years of age. In developing the plan, the department
  596  and community-based provider shall:
  597         (a) Provide the child with the documentation required in s.
  598  39.701(7);
  599         (b) Coordinate with local public and private entities in
  600  designing the transition plan as appropriate;
  601         (c) Coordinate the transition plan with the independent
  602  living provisions in the case plan and the Individuals with
  603  Disabilities Education Act transition plan for a child with a
  604  disability; and
  605         (d) Create a clear and developmentally appropriate notice
  606  specifying the options available for a young adult who chooses
  607  to remain in care for a longer period. The notice must include
  608  information about what services the child is eligible for and
  609  how such services may be obtained.
  610         (5) ACCOUNTABILITY.—
  611         (a) The community-based care lead agencies and its
  612  contracted providers shall report to the department the
  613  following information:
  614         1. The total number of children in care who are enrolled in
  615  middle school, high school, adult high school, and GED programs
  616  and, in a breakdown by age, how many had their living
  617  arrangements change one time and how many were moved two or more
  618  times. For the children who were moved, how many had to change
  619  schools and how many of those changes were due to a lack of
  620  transportation.
  621         2. For those children for whom transportation was provided,
  622  how many children were provided transportation, how the
  623  transportation was provided, how it was paid for, and the amount
  624  of the total expenditure by the lead agency.
  625         3. The same information required in subparagraphs 1. and
  626  2., specific to children in care with a disability.
  627         4. In a breakdown by age, for those children who changed
  628  schools at least once, how many children experienced problems in
  629  the transition, what kinds of problems were encountered, and
  630  what steps the lead agency and the caregiver took to remedy
  631  those problems.
  632         5. In a breakdown by age, out of the total number of
  633  children in care, the number of children who were absent from
  634  school more than 10 days in a semester and the steps taken by
  635  the lead agency and the caregiver to reduce absences.
  636         6. Evidence that the lead agency has established a working
  637  relationship with each school district in which a child in care
  638  attends school.
  639         7. In a breakdown by age, out of the total number of
  640  children in care, the number who have documentation in the case
  641  plan that either an education advocate or a surrogate parent has
  642  been designated or appointed.
  643         8. In a breakdown by age, out of the total number of
  644  children in care, the number of children who have documentation
  645  in the case plan that they have an education advocate who
  646  regularly participates in parent-teacher meetings and other
  647  school-related activities.
  648         9. For those children in care who have finished 8th grade,
  649  the number of children who have documentation in the case plan
  650  that they have completed the academic and career plan required
  651  by s. 1003.4156 and that the child and the caregiver have signed
  652  the plan.
  653         10. For those children in care who have a disability and
  654  have finished 8th grade, the number of children who have
  655  documentation in the case plan that they have had an individual
  656  education transition plan meeting.
  657         11. In a breakdown by age, the total number of children in
  658  care who are in middle school or high school. For each age, the
  659  number of children who are reading at or above grade level, the
  660  number of children who have successfully completed the FCAT and
  661  end-of-course assessments, the number of children who have
  662  dropped out of school, the number of children who have enrolled
  663  in any dual enrollment or advanced placement courses, and the
  664  number of children completing the required number of courses,
  665  assessments, and hours needed to be promoted to the next grade
  666  level.
  667         12. With a breakdown by age, the total number of children
  668  in care who are in middle school or high school. For each age,
  669  the number of children who have documentation in the case plan
  670  that they are involved in at least one extracurricular activity,
  671  whether it is a school-based or community-based activity,
  672  whether they are involved in at least one service or volunteer
  673  activity, and who provides the transportation.
  674         13. The total number of children in care who are 17 years
  675  of age and who are obtaining services from the lead agency or
  676  its contracted providers and how many of that total number have
  677  indicated that they plan to remain in care after turning 18
  678  years of age, and for those children who plan to leave care, how
  679  many children have a transition plan.
  680         14. A breakdown of documented expenses for children in
  681  middle and high school.
  682         (b) Each community-based care lead agency shall provide its
  683  report to the department by September 30 of each year. The
  684  department shall compile the reports from each community-based
  685  care lead agency and provide them to the Legislature by December
  686  31 of each year, with the first report due to the Legislature on
  687  December 31, 2012.
  688         Section 4. Subsections (7), (8), and (9) of section 39.701,
  689  Florida Statutes, are amended to read:
  690         39.701 Judicial review.—
  691         (7)(a) In addition to paragraphs (1)(a) and (2)(a), the
  692  court shall hold a judicial review hearing within 90 days after
  693  a child’s youth’s 17th birthday. The court shall also issue an
  694  order, separate from the order on judicial review, that the
  695  disability of nonage of the child youth has been removed
  696  pursuant to s. 743.045. The court shall continue to hold timely
  697  judicial review hearings thereafter. In addition, the court may
  698  review the status of the child more frequently during the year
  699  prior to the child’s youth’s 18th birthday if necessary. At each
  700  review held under this subsection, in addition to any
  701  information or report provided to the court, the caregiver
  702  foster parent, legal custodian, guardian ad litem, and the child
  703  shall be given the opportunity to address the court with any
  704  information relevant to the child’s best interests, particularly
  705  as it relates to the requirements of s. 39.6015 and the Road-to-
  706  Independence Program under s. 409.1451 independent living
  707  transition services. In addition to any information or report
  708  provided to the court, the department shall include in its
  709  judicial review social study report written verification that
  710  the child has been provided with:
  711         1. Has been provided with A current Medicaid card and has
  712  been provided all necessary information concerning the Medicaid
  713  program sufficient to prepare the child youth to apply for
  714  coverage upon reaching age 18, if such application would be
  715  appropriate.
  716         2. Has been provided with A certified copy of his or her
  717  birth certificate and, if the child does not have a valid
  718  driver’s license, a Florida identification card issued under s.
  719  322.051.
  720         3. A social security card and Has been provided information
  721  relating to Social Security Insurance benefits if the child is
  722  eligible for these benefits. If the child has received these
  723  benefits and they are being held in trust for the child, a full
  724  accounting of those funds must be provided and the child must be
  725  informed about how to access those funds.
  726         4. Has been provided with information and training related
  727  to budgeting skills, interviewing skills, and parenting skills.
  728         4.5.Has been provided with All relevant information
  729  related to the Road-to-Independence Program, including, but not
  730  limited to, eligibility requirements, information on how forms
  731  necessary to participate apply, and assistance in gaining
  732  admission to the program completing the forms. The child shall
  733  also be informed that, if he or she is eligible for the Road-to
  734  Independence Program, he or she may reside with the licensed
  735  foster family or group care provider with whom the child was
  736  residing at the time of attaining his or her 18th birthday or
  737  may reside in another licensed foster home or with a group care
  738  provider arranged by the department.
  739         5.6.An opportunity to Has an open a bank account, or
  740  obtain has identification necessary to open an account, and has
  741  been provided with essential banking and budgeting skills.
  742         6.7.Has been provided with Information on public
  743  assistance and how to apply.
  744         7.8.Has been provided A clear understanding of where he or
  745  she will be living on his or her 18th birthday, how living
  746  expenses will be paid, and in what educational program or school
  747  he or she will be enrolled in.
  748         8.9.Information related to the ability Has been provided
  749  with notice of the child youth’s right to remain in care until
  750  he or she reaches 21 years of age petition for the court’s
  751  continuing jurisdiction for 1 year after the youth’s 18th
  752  birthday as specified in s. 39.013(2) and with information on
  753  how to participate in the Road-to-Independence Program obtain
  754  access to the court.
  755         9. A letter providing the dates that the child was under
  756  the jurisdiction of the court.
  757         10.A letter stating that the child was in care, in
  758  compliance with financial aid documentation requirements.
  759         11. His or her entire educational records.
  760         12. His or her entire health and mental health records.
  761         13. The process for accessing his or her case file.
  762         14.10.Encouragement Has been encouraged to attend all
  763  judicial review hearings occurring after his or her 17th
  764  birthday.
  765         (b) At the first judicial review hearing held subsequent to
  766  the child’s 17th birthday, in addition to the requirements of
  767  subsection (8), the department shall provide the court with an
  768  updated case plan that includes specific information related to
  769  the provisions of s. 39.6015, independent living services that
  770  have been provided since the child entered middle school child’s
  771  13th birthday, or since the date the child came into foster
  772  care, whichever came later.
  773         (c) At the last judicial review hearing held before the
  774  child’s 18th birthday, in addition of the requirements of
  775  subsection (8), the department shall provide to the court for
  776  review the transition plan for a child who is planning to leave
  777  care after reaching his or her 18th birthday.
  778         (d)(c) At the time of a judicial review hearing held
  779  pursuant to this subsection, if, in the opinion of the court,
  780  the department has not complied with its obligations as
  781  specified in the written case plan or in the provision of
  782  independent living services as required by s. 39.6015, s.
  783  409.1451, and this subsection, the court shall issue a show
  784  cause order. If cause is shown for failure to comply, the court
  785  shall give the department 30 days within which to comply and, on
  786  failure to comply with this or any subsequent order, the
  787  department may be held in contempt.
  788         (8)(a) Before every judicial review hearing or citizen
  789  review panel hearing, the social service agency shall make an
  790  investigation and social study concerning all pertinent details
  791  relating to the child and shall furnish to the court or citizen
  792  review panel a written report that includes, but is not limited
  793  to:
  794         1. A description of the type of placement the child is in
  795  at the time of the hearing, including the safety of the child
  796  and the continuing necessity for and appropriateness of the
  797  placement.
  798         2. Documentation of the diligent efforts made by all
  799  parties to the case plan to comply with each applicable
  800  provision of the plan.
  801         3. The amount of fees assessed and collected during the
  802  period of time being reported.
  803         4. The services provided to the caregiver foster family or
  804  legal custodian in an effort to address the needs of the child
  805  as indicated in the case plan.
  806         5. A statement that either:
  807         a. The parent, though able to do so, did not comply
  808  substantially with the case plan, and the agency
  809  recommendations;
  810         b. The parent did substantially comply with the case plan;
  811  or
  812         c. The parent has partially complied with the case plan,
  813  with a summary of additional progress needed and the agency
  814  recommendations.
  815         6. A statement from the caregiver foster parent or legal
  816  custodian providing any material evidence concerning the return
  817  of the child to the parent or parents.
  818         7. A statement concerning the frequency, duration, and
  819  results of the parent-child visitation, if any, and the agency
  820  recommendations for an expansion or restriction of future
  821  visitation.
  822         8. The number of times a child has been removed from his or
  823  her home and placed elsewhere, the number and types of
  824  placements that have occurred, and the reason for the changes in
  825  placement.
  826         9. The number of times a child’s educational placement has
  827  been changed, the number and types of educational placements
  828  which have occurred, and the reason for any change in placement.
  829         10. If the child has entered middle school reached 13 years
  830  of age but is not yet 18 years of age, the specific information
  831  contained in the case plan related to the provisions of s.
  832  39.6015 results of the preindependent living, life skills, or
  833  independent living assessment; the specific services needed; and
  834  the status of the delivery of the identified services.
  835         11. Copies of all medical, psychological, and educational
  836  records that support the terms of the case plan and that have
  837  been produced concerning the parents or any caregiver since the
  838  last judicial review hearing.
  839         12. Copies of the child’s current health, mental health,
  840  and education records as identified in s. 39.6012.
  841         (b) A copy of the social service agency’s written report
  842  and the written report of the guardian ad litem must be served
  843  on all parties whose whereabouts are known; to the caregivers
  844  foster parents or legal custodians; and to the citizen review
  845  panel, at least 72 hours before the judicial review hearing or
  846  citizen review panel hearing. The requirement for providing
  847  parents with a copy of the written report does not apply to
  848  those parents who have voluntarily surrendered their child for
  849  adoption or who have had their parental rights to the child
  850  terminated.
  851         (c) In a case in which the child has been permanently
  852  placed with the social service agency, the agency shall furnish
  853  to the court a written report concerning the progress being made
  854  to place the child for adoption. If the child cannot be placed
  855  for adoption, a report on the progress made by the child towards
  856  alternative permanency goals or placements, including, but not
  857  limited to, guardianship, long-term custody, long-term licensed
  858  custody, or independent living, must be submitted to the court.
  859  The report must be submitted to the court at least 72 hours
  860  before each scheduled judicial review.
  861         (d) In addition to or in lieu of any written statement
  862  provided to the court, the caregiver foster parent or legal
  863  custodian, or any preadoptive parent, shall be given the
  864  opportunity to address the court with any information relevant
  865  to the best interests of the child at any judicial review
  866  hearing.
  867         (9) The court and any citizen review panel shall take into
  868  consideration the information contained in the social services
  869  study and investigation and all medical, psychological, and
  870  educational records that support the terms of the case plan;
  871  testimony by the social services agency, the parent, the
  872  caregiver foster parent or legal custodian, the guardian ad
  873  litem or surrogate parent for educational decisionmaking if one
  874  has been appointed for the child, and any other person deemed
  875  appropriate; and any relevant and material evidence submitted to
  876  the court, including written and oral reports to the extent of
  877  their probative value. These reports and evidence may be
  878  received by the court in its effort to determine the action to
  879  be taken with regard to the child and may be relied upon to the
  880  extent of their probative value, even though not competent in an
  881  adjudicatory hearing. In its deliberations, the court and any
  882  citizen review panel shall seek to determine:
  883         (a) If the parent was advised of the right to receive
  884  assistance from any person or social service agency in the
  885  preparation of the case plan.
  886         (b) If the parent has been advised of the right to have
  887  counsel present at the judicial review or citizen review
  888  hearings. If not so advised, the court or citizen review panel
  889  shall advise the parent of such right.
  890         (c) If a guardian ad litem needs to be appointed for the
  891  child in a case in which a guardian ad litem has not previously
  892  been appointed or if there is a need to continue a guardian ad
  893  litem in a case in which a guardian ad litem has been appointed.
  894         (d) Who holds the rights to make educational decisions for
  895  the child. If appropriate, the court may refer the child to the
  896  district school superintendent for appointment of a surrogate
  897  parent or may itself appoint a surrogate parent under the
  898  Individuals with Disabilities Education Act and s. 39.0016.
  899         (e) The compliance or lack of compliance of all parties
  900  with applicable items of the case plan, including the parents’
  901  compliance with child support orders.
  902         (f) The compliance or lack of compliance with a visitation
  903  contract between the parent and the social service agency for
  904  contact with the child, including the frequency, duration, and
  905  results of the parent-child visitation and the reason for any
  906  noncompliance.
  907         (g) The compliance or lack of compliance of the parent in
  908  meeting specified financial obligations pertaining to the care
  909  of the child, including the reason for failure to comply if such
  910  is the case.
  911         (h) Whether the child is receiving safe and proper care
  912  according to s. 39.6012, including, but not limited to, the
  913  appropriateness of the child’s current placement, including
  914  whether the child is in a setting that is as family-like and as
  915  close to the parent’s home as possible, consistent with the
  916  child’s best interests and special needs, and including
  917  maintaining stability in the child’s educational placement, as
  918  documented by assurances from the community-based care provider
  919  that:
  920         1. The placement of the child takes into account the
  921  appropriateness of the current educational setting and the
  922  proximity to the school in which the child is enrolled at the
  923  time of placement.
  924         2. The community-based care agency has coordinated with
  925  appropriate local educational agencies to ensure that the child
  926  remains in the school in which the child is enrolled at the time
  927  of placement.
  928         (i) A projected date likely for the child’s return home or
  929  other permanent placement.
  930         (j) When appropriate, the basis for the unwillingness or
  931  inability of the parent to become a party to a case plan. The
  932  court and the citizen review panel shall determine if the
  933  efforts of the social service agency to secure party
  934  participation in a case plan were sufficient.
  935         (k) For a child who has entered middle school reached 13
  936  years of age but is not yet 18 years of age, the progress the
  937  child has made in achieving the goals outlined in s. 39.6015
  938  adequacy of the child’s preparation for adulthood and
  939  independent living.
  940         Section 5. Section 409.1451, Florida Statutes, is amended
  941  to read:
  942         (Substantial rewording of section. See
  943         s. 409.1451, F.S., for present text).
  944         409.1451 The Road-to-Independence Program.—The Legislature
  945  recognizes that most children and young adults are resilient
  946  and, with adequate support, can expect to be successful as
  947  independent adults. Not unlike all young adults, some young
  948  adults who have lived in care need additional resources and
  949  support for a period of time after reaching 18 years of age. The
  950  Legislature intends for these young adults to receive the
  951  education, training, and health care services necessary for them
  952  to become self-sufficient through the Road-to-Independence
  953  Program. A young adult who participates in the Road-to
  954  Independence Program may choose to remain in care until 21 years
  955  of age and receive help achieving his or her postsecondary goals
  956  by participating in the Foundations First Program, or he or she
  957  may choose to receive financial assistance to attend college
  958  through the College Bound Program.
  959         (1) THE FOUNDATIONS FIRST PROGRAM.—The Foundations First
  960  Program is designed for young adults who have reached 18 years
  961  of age but are not yet 21 years of age, and who need to finish
  962  high school or who have a high school diploma, or its
  963  equivalent, and want to achieve additional goals. These young
  964  adults are ready to try postsecondary or vocational education,
  965  try working part-time or full-time, or need help with issues
  966  that might stand in their way of becoming employed. Young adults
  967  who are unable to participate in any of these programs or
  968  activities full time due to an impairment, including behavioral,
  969  developmental, and cognitive disabilities, might also benefit
  970  from remaining in care longer. The provision of services under
  971  this subsection is intended to supplement, not supplant,
  972  services available under any other program for which the young
  973  adult is eligible, including, but not limited to, Medicaid
  974  waiver services, vocational rehabilitation programs, or school
  975  system programs. For purposes of this section, the term “child”
  976  means an individual who has not attained 21 years of age, and
  977  the term “young adult” means a child who has attained 18 years
  978  of age but who has not attained 21 years of age.
  979         (a) Eligibility; termination; and reentry.
  980         1. A young adult who was living in licensed care on his or
  981  her 18th birthday or who is currently living in licensed care,
  982  or who after reaching 16 years of age was adopted from licensed
  983  care or placed with a court-approved dependency guardian, and
  984  has spent a minimum of 6 months in licensed care within the 12
  985  months immediately preceding such placement or adoption, is
  986  eligible for the Foundations First Program if he or she is:
  987         a. Completing secondary education or a program leading to
  988  an equivalent credential;
  989         b. Enrolled in an institution that provides postsecondary
  990  or vocational education;
  991         c. Participating in a program or activity designed to
  992  promote, or eliminate barriers to, employment;
  993         d. Employed for at least 80 hours per month; or
  994         e. Unable to participate in these programs or activities
  995  full time due to a physical, intellectual, emotional, or
  996  psychiatric condition that limits participation. Any such
  997  restriction to participation must be supported by information in
  998  the young adult’s case file or school or medical records of a
  999  physical, intellectual, or psychiatric condition that impairs
 1000  the young adult’s ability to perform one or more life
 1001  activities.
 1002         2.The young adult in care must leave the Foundations First
 1003  Program on the earliest of the date the young adult:
 1004         a. Knowingly and voluntarily withdraws his or her consent
 1005  to participate;
 1006         b. Leaves care to live in a permanent home consistent with
 1007  his or her permanency plan;
 1008         c. Reaches 21 years of age;
 1009         d. Becomes incarcerated in an adult or juvenile justice
 1010  facility; or
 1011         e. In the case of a young adult with a disability, reaches
 1012  22 years of age.
 1013         3. Notwithstanding the provisions of this paragraph, the
 1014  department may not close a case and the court may not terminate
 1015  its jurisdiction until it finds, following a hearing held after
 1016  notice to all parties, that the following criteria have been
 1017  met:
 1018         a. Attendance of the young adult at the hearing; or
 1019         b. Findings by the court that:
 1020         (I) The young adult has been informed by the department of
 1021  his or her right to attend the hearing and has provided written
 1022  consent to waive this right;
 1023         (II) The young adult has been informed of the potential
 1024  negative effects of terminating care early, the option to
 1025  reenter care before reaching 21 years of age, the procedure to,
 1026  and limitations on, reentering care, the availability of
 1027  alternative services, and that the young adult has signed a
 1028  document attesting that he or she has been so informed and
 1029  understands these provisions; and
 1030         (III) The department and the community-based care provider
 1031  have complied with the case plan and any individual education
 1032  plan. At the time of this judicial hearing, if, in the opinion
 1033  of the court, the department and community-based provider have
 1034  not complied with their obligations as specified in the case
 1035  plan and any individual education plan, the court shall issue a
 1036  show cause order. If cause is shown for failure to comply, the
 1037  court shall give the department and community-based provider 30
 1038  days within which to comply and, upon failure to comply with
 1039  this or any subsequent order, the department and community-based
 1040  provider may be held in contempt.
 1041         4.A young adult who left care at or after reaching his or
 1042  her 18th birthday, but before reaching age 21, may be
 1043  automatically readmitted to the program by applying to the
 1044  community-based care provider. The community-based care provider
 1045  shall readmit the young adult if he or she is engaged in the
 1046  programs or activities described in this paragraph. Any
 1047  additional readmissions require that the young adult petition
 1048  the court to resume jurisdiction. The department and community
 1049  based provider shall update the case plan within 30 days after
 1050  the young adult comes back into the Foundations First Program.
 1051         (b) Benefits and requirements.
 1052         1. A stipend shall be available to a young adult who is
 1053  considered a full-time student or its equivalent by the
 1054  educational institution in which he or she is enrolled, unless
 1055  that young adult has a recognized disability preventing full
 1056  time attendance. The amount of the award, whether it is being
 1057  used by a young adult working toward completion of a high school
 1058  diploma or its equivalent or working toward completion of a
 1059  postsecondary education program, shall be determined based on an
 1060  assessment of the funding needs of the young adult. This
 1061  assessment must consider the young adult’s living and
 1062  educational costs based on the actual cost of attendance, and
 1063  other grants, scholarships, waivers, earnings, or other income
 1064  to be received by the young adult. An award shall be available
 1065  only to the extent that other grants and scholarships are not
 1066  sufficient to meet the living and educational needs of the young
 1067  adult, but an award may not be less than $25 in order to
 1068  maintain Medicaid eligibility for the young adult as provided in
 1069  s. 409.903.
 1070         2. The young adult must reside in a semi-supervised living
 1071  arrangement. For the purposes of this requirement, a “semi
 1072  supervised living arrangement” includes foster homes, college
 1073  dormitories, shared housing, semi-supervised apartments,
 1074  supervised apartments, or another housing arrangement approved
 1075  by the provider and acceptable to the young adult.
 1076         3. Payment of the stipend shall be made directly on the
 1077  recipient’s behalf in order to secure housing and utilities,
 1078  with the balance being paid directly to the young adult.
 1079         (c) Transition plan.—For all young adults during the 180
 1080  day period immediately before leaving care, before reaching 21
 1081  years of age, or after leaving care on or after reaching 21
 1082  years of age, the department and the community-based care
 1083  provider, in collaboration with the caregiver, any other
 1084  designated education advocate, or any other individual whom the
 1085  young adult would like to include, shall assist and support the
 1086  young adult in developing a transition plan. The transition plan
 1087  must take into account all of the education and other
 1088  achievements of the young adult, include specific options for
 1089  the young adult for housing, health insurance, education, local
 1090  opportunities for mentors and continuing support services, and
 1091  workforce support and employment services, and must be reviewed
 1092  by the court during the last review hearing before the child
 1093  leaves care. In developing the plan, the department and
 1094  community-based provider shall:
 1095         1. Provide the young adult with the documentation required
 1096  in s. 39.701(7);
 1097         2. Coordinate with local public and private entities in
 1098  designing the transition plan as appropriate;
 1099         3. Coordinate the transition plan with the independent
 1100  living provisions in the case plan and the Individuals with
 1101  Disabilities Education Act transition plan for a young adult
 1102  with disabilities; and
 1103         4. Create a clear and developmentally appropriate notice
 1104  specifying the rights of a young adult who is leaving care. The
 1105  notice must include information about what services the young
 1106  adult may be eligible for and how such services may be obtained.
 1107  The plan must clearly identify the young adults goals and the
 1108  work that will be required to achieve those goals.
 1109         (d) Periodic reviews for young adults.
 1110         1. For any young adult who continues to remain in care on
 1111  or after reaching 18 years of age, the department and community
 1112  based provider shall implement a case review system that
 1113  requires:
 1114         a. A judicial review at least once a year;
 1115         b. The court to maintain oversight to ensure that the
 1116  department is coordinating with the appropriate agencies, and,
 1117  as otherwise permitted, maintains oversight of other agencies
 1118  involved in implementing the young adult’s case plan and
 1119  individual education plan;
 1120         c. The department to prepare and present to the court a
 1121  report, developed in collaboration with the young adult,
 1122  addressing the young adult’s progress in meeting the goals in
 1123  the case plan and individual education plan, and shall propose
 1124  modifications as necessary to further those goals;
 1125         d. The court to determine whether the department and any
 1126  service provider under contract with the department is providing
 1127  the appropriate services as identified in the case plan and any
 1128  individual education plan. If the court decides that the young
 1129  adult is entitled to additional services in order to achieve the
 1130  goals enumerated in the case plan, under the department’s
 1131  policies, or under a contract with a service provider, the court
 1132  may order the department to take action to ensure that the young
 1133  adult receives the identified services and remediation for any
 1134  failure to timely provide identified services; and
 1135         e. The young adult or any other party to the dependency
 1136  case may request an additional hearing or review.
 1137         2. In all permanency hearings or hearings regarding the
 1138  transition of the young adult from care to independent living,
 1139  the court shall consult, in an age-appropriate manner, with the
 1140  young adult regarding the proposed permanency, case plan, and
 1141  individual education plan for the young adult.
 1142         (2) THE COLLEGE BOUND PROGRAM.—
 1143         (a) Purpose.—This program is designed for young adults who
 1144  are 18 years of age but are not yet 23 years of age, have
 1145  graduated from high school, have been accepted into a college, a
 1146  Florida College System institution, or a vocational school, and
 1147  need minimal support from the state other than the financial
 1148  resources to attend college.
 1149         (b) Eligibility; termination; and reentry.
 1150         1. A young adult who has earned a standard high school
 1151  diploma or its equivalent as described in s. 1003.43 or s.
 1152  1003.435, has earned a special diploma or special certificate of
 1153  completion as described in s. 1003.438, or has been admitted for
 1154  full-time enrollment in an eligible postsecondary educational
 1155  institution as defined in s. 1009.533, and is 18 years of age
 1156  but is not yet 23 years of age is eligible for the College Bound
 1157  Program if he or she:
 1158         a. Was living in care on his or her 18th birthday or is
 1159  currently living in care, or, after reaching 16 years of age,
 1160  was adopted from care or placed with a court-approved dependency
 1161  guardian and has spent a minimum of 6 months in care within the
 1162  12 months immediately preceding such placement or adoption; and
 1163         b. Spent at least 6 months in care before reaching his or
 1164  her 18th birthday.
 1165         2. A young adult with a disability may attend school part
 1166  time and be eligible for this program.
 1167         3. A stipend is available to a young adult who is
 1168  considered a full-time student or its equivalent by the
 1169  educational institution in which he or she is enrolled, unless
 1170  that young adult has a recognized disability preventing full
 1171  time attendance. The amount of the award shall be determined
 1172  based on an assessment of the funding needs of the young adult.
 1173  This assessment must consider the young adult’s living and
 1174  educational costs based on the actual cost of attendance, and
 1175  other grants, scholarships, waivers, earnings, or other income
 1176  to be received by the young adult. An award is available only to
 1177  the extent that other grants and scholarships are not sufficient
 1178  to meet the living and educational needs of the young adult, but
 1179  an award may not be less than $25 in order to maintain Medicaid
 1180  eligibility for the young adult as provided in s. 409.903.
 1181         4. An eligible young adult may receive a stipend for the
 1182  subsequent academic years if, for each subsequent academic year,
 1183  the young adult meets the standards by which the approved
 1184  institution measures a student’s satisfactory academic progress
 1185  toward completion of a program of study for the purposes of
 1186  determining eligibility for federal financial aid under the
 1187  Higher Education Act. Any young adult who is placed on academic
 1188  probation may continue to receive a stipend for one additional
 1189  semester if the approved institution allows the student to
 1190  continue in school. If the student fails to make satisfactory
 1191  academic progress in the semester or term subsequent to the term
 1192  in which he received academic probation, the stipend assistance
 1193  is discontinued for the period required for the young adult to
 1194  be reinstated by the college or university. Upon reinstatement,
 1195  a young adult who has not yet reached 23 years of age may
 1196  reapply for financial assistance.
 1197         (3) EMERGENCY ASSISTANCE.—A young adult in the Foundations
 1198  First Program or the College Bound Program may apply to the
 1199  community-based care provider for financial assistance for an
 1200  unexpected or extraordinary expense.
 1201         (4) APPEAL PROCESS.—
 1202         (a) The Department of Children and Family Services shall
 1203  adopt a procedure by which a young adult may appeal an
 1204  eligibility determination, the department’s failure to provide
 1205  Road-to-Independence Program services, or the termination of
 1206  such services, if funds for such services or stipend are
 1207  available.
 1208         (b) The procedure must be readily accessible to young
 1209  adults, must provide for timely decisions, and must provide for
 1210  an appeal to the department. The decision of the department
 1211  constitutes final agency action and is reviewable by the court
 1212  as provided in s. 120.68.
 1213         (5)PORTABILITY.—The services provided under this section
 1214  are portable across county and state lines.
 1215         (a)The services provided for in the original transition
 1216  plan shall be provided by the county where the young adult
 1217  resides but shall be funded by the county where the transition
 1218  plan was initiated. The care managers of the county of residence
 1219  and the county of origination must coordinate to ensure a smooth
 1220  transition for the young adult.
 1221         (b) If a child in care under 18 years of age is placed in
 1222  another state, the sending state is responsible for care
 1223  maintenance payments, case planning, including a written
 1224  description of the programs and services that will help a child
 1225  16 years of age or older prepare for the transition from care to
 1226  independence, and a case review system as required by federal
 1227  law. The sending state has placement and care responsibility for
 1228  the child.
 1229         (c) If a young adult formerly in care moves to another
 1230  state from the state in which he or she has left care due to
 1231  age, the state shall certify that it will provide assistance and
 1232  federally funded independent living services to the young adult
 1233  who has left care because he or she is 18 years of age. The
 1234  state in which the young adult resides is responsible for
 1235  services if the state provides the services needed by the young
 1236  adult.
 1237         (6) ACCOUNTABILITY.
 1238         (a) The community-based care lead agencies and their
 1239  contracted providers shall report the following information to
 1240  the department:
 1241         1. Out of the total number of young adults who remain in
 1242  care upon reaching 18 years of age, the number of young adults
 1243  who do not have a high school diploma or its equivalent, a
 1244  special diploma, or a certificate of completion. Out of those
 1245  young adults without a diploma or its equivalent, a special
 1246  diploma, or a certificate of completion, the number of young
 1247  adults who are receiving assistance through tutoring and other
 1248  types of support.
 1249         2. Out of the total number of young adults who decided to
 1250  remain in care after reaching 18 years of age, a breakdown of
 1251  academic and career goals and type of living arrangement.
 1252         3. The same information required in subparagraphs 1. and
 1253  2., specific to young adults in care with a disability.
 1254         4. Out of the total number of young adults remaining in
 1255  care, the number of young adults who are enrolled in an
 1256  educational or vocational program and a breakdown of the types
 1257  of programs.
 1258         5. Out of the total number of young adults remaining in
 1259  care, the number of young adults who are working and a breakdown
 1260  of the types of employment held.
 1261         6. Out of the total number of young adults remaining in
 1262  care, the number of young adults who have a disability and a
 1263  breakdown of how many young adults are in school, are training
 1264  for employment, are employed, or are unable to participate in
 1265  any of these activities.
 1266         7.Evidence that the lead agency has established a working
 1267  relationship with the Agency for Workforce Innovation and its
 1268  regional workforce boards, the Able Trust, and other entities
 1269  that provide services related to gaining employment.
 1270         8. Out of the total number of young adults in care upon
 1271  reaching 18 years of age, the number of young adults who are in
 1272  the Road-to-Independence Program and a breakdown by the schools
 1273  or other programs they are attending.
 1274         9. Out of the total number of young adults who are in
 1275  postsecondary institutions, a breakdown of the types and amounts
 1276  of financial support received from sources other than the Road
 1277  to-Independence Program.
 1278         10. Out of the total number of young adults who are in
 1279  postsecondary institutions, a breakdown of the types of living
 1280  arrangements.
 1281         (b) Each community-based care lead agency shall provide its
 1282  report to the department by September 30 of each year. The
 1283  department shall compile the reports from each community-based
 1284  care lead agency and provide them to the Legislature by December
 1285  31 of each year, with the first report due to the Legislature on
 1286  December 31, 2012.
 1287         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 1288  secretary shall establish the Independent Living Services
 1289  Advisory Council for the purpose of reviewing and making
 1290  recommendations concerning the implementation and operation of
 1291  the provisions of s. 39.6015 and the Road-to-Independence
 1292  Program. This advisory council shall function as specified in
 1293  this subsection until the Legislature determines that the
 1294  advisory council can no longer provide a valuable contribution
 1295  to the department’s efforts to achieve the goals of the services
 1296  designed to enable a young adult to live independently.
 1297         (a) Specifically, the advisory council shall assess the
 1298  implementation and operation of the provisions of s. 39.6015 and
 1299  the Road-to-Independence Program and advise the department on
 1300  actions that would improve the ability of those Road-to
 1301  Independence Program services to meet the established goals. The
 1302  advisory council shall keep the department informed of problems
 1303  being experienced with the services, barriers to the effective
 1304  and efficient integration of services and support across
 1305  systems, and successes that the system of services has achieved.
 1306  The department shall consider, but is not required to implement,
 1307  the recommendations of the advisory council.
 1308         (b) The advisory council shall report to the secretary on
 1309  the status of the implementation of the Road-To-Independence
 1310  Program; efforts to publicize the availability of the Road-to
 1311  Independence Program; the success of the services; problems
 1312  identified; recommendations for department or legislative
 1313  action; and the department’s implementation of the
 1314  recommendations contained in the Independent Living Services
 1315  Integration Workgroup Report submitted to the appropriate
 1316  substantive committees of the Legislature by December 31, 2012.
 1317  The department shall submit a report by December 31 of each year
 1318  to the Governor and the Legislature which includes a summary of
 1319  the factors reported on by the council and identifies the
 1320  recommendations of the advisory council and either describes the
 1321  department’s actions to implement the recommendations or
 1322  provides the department’s rationale for not implementing the
 1323  recommendations.
 1324         (c) Members of the advisory council shall be appointed by
 1325  the secretary of the department. The membership of the advisory
 1326  council must include, at a minimum, representatives from the
 1327  headquarters and district offices of the Department of Children
 1328  and Family Services, community-based care lead agencies, the
 1329  Agency for Workforce Innovation, the Department of Education,
 1330  the Agency for Health Care Administration, the State Youth
 1331  Advisory Board, Workforce Florida, Inc., the Statewide Guardian
 1332  Ad Litem Office, foster parents, recipients of services and
 1333  funding through the Road-to-Independence Program, and advocates
 1334  for children in care. The secretary shall determine the length
 1335  of the term to be served by each member appointed to the
 1336  advisory council, which may not exceed 4 years.
 1337         (d) The department shall provide administrative support to
 1338  the Independent Living Services Advisory Council to accomplish
 1339  its assigned tasks. The advisory council shall be afforded
 1340  access to all appropriate data from the department, each
 1341  community-based care lead agency, and other relevant agencies in
 1342  order to accomplish the tasks set forth in this section. The
 1343  data collected may not include any information that would
 1344  identify a specific child or young adult.
 1345         (e) The advisory council report required under paragraph
 1346  (b), shall include an analysis of the system of independent
 1347  living transition services for young adults who reach 18 years
 1348  of age while in care prior to completing high school or its
 1349  equivalent and recommendations for department or legislative
 1350  action. The council shall assess and report on the most
 1351  effective method of assisting these young adults to complete
 1352  high school or its equivalent by examining the practices of
 1353  other states.
 1354         (8) PERSONAL PROPERTY.Property acquired on behalf of a
 1355  young adult of this program shall become the personal property
 1356  of the young adult and is not subject to the requirements of
 1357  chapter 273 relating to state-owned tangible personal property.
 1358  Such property continues to be subject to applicable federal
 1359  laws.
 1360         (9) MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN CARE.
 1361  The department shall enroll in the Florida Kidcare program,
 1362  outside the open enrollment period, each young adult who is
 1363  eligible as described in paragraph (1)(a) and who has not yet
 1364  reached his or her 19th birthday.
 1365         (a) A young adult who was formerly in care at the time of
 1366  his or her 18th birthday and who is 18 years of age but not yet
 1367  19 years of age, shall pay the premium for the Florida Kidcare
 1368  program as required in s. 409.814.
 1369         (b) A young adult who has health insurance coverage from a
 1370  third party through his or her employer or who is eligible for
 1371  Medicaid is not eligible for enrollment under this subsection.
 1372         (10)RULEMAKING.The department shall adopt rules to
 1373  administer this section. The rules shall provide the procedures
 1374  and requirements necessary to administer the Road-to
 1375  Independence Program. In developing the rules, the department
 1376  shall consider that the program is for young adults who remain
 1377  in care for an extended period of time or who are planning to
 1378  attain post secondary education and accommodate a young adult’s
 1379  busy life and schedule. The rules shall make the program easy
 1380  for a qualified young adult to access and facilitate and
 1381  encourage his or her participation.
 1382         Section 6. Subsection (4) of section 409.903, Florida
 1383  Statutes, is amended to read:
 1384         409.903 Mandatory payments for eligible persons.—The agency
 1385  shall make payments for medical assistance and related services
 1386  on behalf of the following persons who the department, or the
 1387  Social Security Administration by contract with the Department
 1388  of Children and Family Services, determines to be eligible,
 1389  subject to the income, assets, and categorical eligibility tests
 1390  set forth in federal and state law. Payment on behalf of these
 1391  Medicaid eligible persons is subject to the availability of
 1392  moneys and any limitations established by the General
 1393  Appropriations Act or chapter 216.
 1394         (4) A child who is eligible under Title IV-E of the Social
 1395  Security Act for subsidized board payments, foster care, or
 1396  adoption subsidies, and a child for whom the state has assumed
 1397  temporary or permanent responsibility and who does not qualify
 1398  for Title IV-E assistance but is in foster care, shelter or
 1399  emergency shelter care, or subsidized adoption. This category
 1400  includes a young adult who is eligible to receive services under
 1401  s. 409.1451(5), until the young adult reaches 21 years of age,
 1402  without regard to any income, resource, or categorical
 1403  eligibility test that is otherwise required. This category also
 1404  includes a person who as a child was eligible under Title IV-E
 1405  of the Social Security Act for foster care or the state-provided
 1406  foster care and who is a participant in the Road-to-Independence
 1407  Program.
 1408         Section 7. The Department of Children and Family Services
 1409  shall format the case plan and the judicial review social
 1410  service report consistent with the provisions of ss. 39.6015 and
 1411  409.1451, Florida Statutes.
 1412         Section 8. Effective October 1, 2011, a child or young
 1413  adult who is a participant in the Road-to-Independence Program
 1414  may continue in the program as it exists through December 31,
 1415  2011. Effective January 1, 2012, a child or young adult who is a
 1416  participant in the program shall transfer to the program
 1417  services provided in this act and his or her monthly stipend may
 1418  not be reduced, the method of payment of the monthly stipend may
 1419  not be changed, and the young adult may not be required to
 1420  change his or her living arrangement. These conditions shall
 1421  remain in effect for a child or young adult until he or she
 1422  ceases to meet the eligibility requirements under which he or
 1423  she entered the Road-to-Independence Program. A child or young
 1424  adult applying or reapplying for the Road-to-Independence
 1425  Program on or after October 1, 2011, may apply for program
 1426  services only as provided in this act.
 1427         Section 9. This act shall take effect October 1, 2011.