HB 739

1	A bill to be entitled
2	An act relating to transition-to-adulthood services;
3	amending s. 985.03, F.S.; defining the term "transition-
4	to-adulthood services"; creating s. 985.461, F.S.;
5	providing legislative intent concerning transition-to-
6	adulthood services for youth in the custody of the
7	Department of Juvenile Justice; providing for eligibility
8	for services for youth served by the department who are
9	legally in the custody of the Department of Children and
10	Family Services; providing that an adjudication of
11	delinquency does not disqualify a youth in foster care
12	from certain services from the Department of Children and
13	Family Services; providing powers and duties of the
14	Department of Juvenile Justice for transition services;
15	providing for assessments; requiring that services be part
16	of a plan leading to independence; amending s. 985.0301,
17	F.S.; providing for retention of court jurisdiction over a
18	child for a specified period following the child's 19th
19	birthday if the child is participating in transition-to-
20	adulthood services; providing that certain services
21	require voluntary participation by affected youth and do
22	not create an involuntary court-sanctioned residential
23	commitment; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Present subsections (57) and (58) of section
28	985.03, Florida Statutes, are renumbered as subsections (58) and
29	(59), respectively, and a new subsection (57) is added to that
30	section to read:
31	985.03  Definitions.-As used in this chapter, the term:
32	(57)  "Transition-to-adulthood services" means services
33	that are provided for youth in the custody of the department or
34	under the supervision of the department and that have the
35	objective of instilling the knowledge, skills, and aptitudes
36	essential to a socially integrated, self-supporting adult life.
37	The services may include, but are not limited to:
38	(a)  Assessment of the youth's ability and readiness for
39	adult life.
40	(b)  A plan for the youth to acquire the knowledge,
41	information, and counseling necessary to make a successful
42	transition to adulthood.
43	(c)  Services that have proven effective toward achieving
44	the transition to adulthood.
45	Section 2.  Section 985.461, Florida Statutes, is created
46	to read:
47	985.461  Transition to adulthood.-
48	(1)  The Legislature finds that older youth are faced with
49	the need to learn how to support themselves within legal means
50	and overcome the stigma of being delinquent. In most cases,
51	parents expedite this transition. It is the intent of the
52	Legislature that the department provide older youth in its
53	custody or under its supervision with opportunities for
54	participating in transition-to-adulthood services while in the
55	department's commitment programs or in probation or conditional
56	release programs in the community. These services should be
57	reasonable and appropriate for the youths' respective ages or
58	special needs and provide activities that build life skills and
59	increase the ability to live independently and become self-
60	sufficient.
61	(2)  Youth served by the department who are in the custody
62	of the Department of Children and Family Services and who
63	entered juvenile justice placement from a foster care placement,
64	if otherwise eligible, may receive independent living transition
65	services pursuant to s. 409.1451. Court-ordered commitment or
66	probation with the department is not a barrier to eligibility
67	for the array of services available to a youth who is in the
68	dependency foster care system only.
69	(3)  For a dependent child in the foster care system,
70	adjudication for delinquency does not, by itself, disqualify
71	such child for eligibility in the Department of Children and
72	Family Services' independent living program.
73	(4)  To support participation in transition-to-adulthood
74	services and subject to appropriation, the department may:
75	(a)  Assess the child's skills and abilities to live
76	independently and become self-sufficient. The specific services
77	to be provided shall be determined using an assessment of his or
78	her readiness for adult life.
79	(b)  Develop a list of age-appropriate activities and
80	responsibilities to be incorporated in the child's written case
81	plan for any youth 17 years of age or older who is under the
82	custody or supervision of the department. Activities may
83	include, but are not limited to, life skills training, including
84	training to develop banking and budgeting skills, interviewing
85	and career planning skills, parenting skills, personal health
86	management, and time management or organizational skills;
87	educational support; employment training; and counseling.
88	(c)  Provide information related to social security
89	insurance benefits and public assistance.
90	(d)  Request parental or guardian permission for the youth
91	to participate in transition-to-adulthood services. Upon such
92	consent, age-appropriate activities shall be incorporated into
93	the youth's written case plan. This plan may include specific
94	goals and objectives and shall be reviewed and updated at least
95	quarterly. If the parent or guardian is cooperative, the plan
96	may not interfere with the parent's or guardian's rights to
97	nurture and train his or her child in ways that are otherwise in
98	compliance with the law and court order.
99	(e)  Contract for transition-to-adulthood services that
100	include residential services and assistance and allow the child
101	to live independently of the daily care and supervision of an
102	adult in a setting that is not licensed under s. 409.175. A
103	child under the care or supervision of the department who has
104	reached 17 years of age but is not yet 19 years of age is
105	eligible for such services if he or she does not pose a danger
106	to the public and is able to demonstrate minimally sufficient
107	skills and aptitude for living under decreased adult
108	supervision, as determined by the department, using established
109	procedures and assessments.
110	(5)  For a child who is 17 years of age or older, under the
111	department's care or supervision, and without benefit of parents
112	or legal guardians capable of assisting the child in the
113	transition to adult life, the department may provide an
114	assessment to determine the child's skills and abilities to live
115	independently and become self-sufficient. Based on the
116	assessment and within existing resources, services and training
117	may be provided in order to develop the necessary skills and
118	abilities before the child's 18th birthday.
119	(6)  The provision of transition-to-adulthood services must
120	be part of an overall plan leading to the total independence of
121	the child from department supervision. The plan must include,
122	but need not be limited to:
123	(a)  A description of the child's skills and a plan for
124	learning additional identified skills;
125	(b)  The behavior that the child has exhibited which
126	indicates an ability to be responsible and a plan for developing
127	additional responsibilities, as appropriate;
128	(c)  A plan for the provision of future educational,
129	vocational, and training skills;
130	(d)  Present financial and budgeting capabilities and a
131	plan for improving resources and abilities;
132	(e)  A description of the proposed residence;
133	(f)  Documentation that the child understands the specific
134	consequences of his or her conduct in such a program;
135	(g)  Documentation of proposed services to be provided by
136	the department and other agencies, including the type of
137	services and the nature and frequency of contact; and
138	(h)  A plan for maintaining or developing relationships
139	with family, other adults, friends, and the community, as
140	appropriate.
141	Section 3.  Paragraph (a) of subsection (5) of section
142	985.0301, Florida Statutes, is amended to read:
143	985.0301  Jurisdiction.-
144	(5)(a)  Notwithstanding ss. 743.07, 985.43, 985.433,
145	985.435, 985.439, and 985.441, and except as provided in ss.
146	985.461, 985.465, and 985.47 and paragraph (f), when the
147	jurisdiction of any child who is alleged to have committed a
148	delinquent act or violation of law is obtained, the court shall
149	retain jurisdiction, unless relinquished by its order, until the
150	child reaches 19 years of age, with the same power over the
151	child which that the court had before prior to the child became
152	becoming an adult. For the purposes of s. 985.461, the court may
153	retain jurisdiction for an additional 365 days following the
154	child's 19th birthday if the child is participating in
155	transition-to-adulthood services. The additional services do not
156	extend involuntary court-sanctioned residential commitment and
157	therefore require voluntary participation by the affected youth.
158	Section 4.  This act shall take effect July 1, 2011.

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