Bill Text: FL H1241 | 2011 | Regular Session | Comm Sub

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Bill Title: Independent Living

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1241 Detail]

Download: Florida-2011-H1241-Comm_Sub.html

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CS/HB 1241

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

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