Bill Text: FL S0434 | 2012 | Regular Session | Engrossed
Bill Title: Independent Living
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Messages [S0434 Detail]
Download: Florida-2012-S0434-Engrossed.html
SB 434 First Engrossed 2012434e1 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; creating s. 39.015, F.S.; providing 8 the department shall be the guardian of the person of 9 a child placed in the department’s custody by the 10 court; providing an exception related to medical care 11 or treatment; providing for the exercise of 12 guardianship through a community-based care lead 13 agency or contracted provider acting on behalf of the 14 department; amending s. 39.6012, F.S.; requiring 15 assurance in a child’s case plan that efforts were 16 made to avoid a change in the child’s school; 17 requiring that the case plan contain procedures for an 18 older child to directly access and manage a personal 19 allowance; creating s. 39.6015, F.S.; providing 20 purpose and legislative intent with respect to the 21 provision of services for older children who are in 22 licensed care; requiring the documentation of 23 assurances that school stability is considered when a 24 child in care is moved; providing for the same 25 assurances for children with disabilities; defining 26 the term “school of origin”; requiring the Department 27 of Children and Family Services or the community-based 28 provider to provide reimbursement for the costs of 29 transportation provided for a child in care; requiring 30 changes in a child’s school to be minimally 31 disruptive; specifying criteria to be considered by 32 the department and community-based provider during the 33 transition of a child to another school; requiring 34 children in care to attend school; requiring scheduled 35 appointments to consider the child’s school 36 attendance; providing penalties for caregivers who 37 refuse or fail to ensure that the child attends school 38 regularly; specifying who may serve as an education 39 advocate; requiring documentation that an education 40 advocate or surrogate parent has been designated or 41 appointed for a child in care; requiring a child in 42 middle school to complete an electronic personal 43 academic and career plan; requiring caregivers to 44 attend school meetings; specifying requirements for 45 individual education transition plan meetings for 46 children with disabilities; requiring that a child be 47 provided with information relating to the Road-to 48 Independence Program; requiring that the caregiver or 49 education advocate attend parent-teacher conferences; 50 requiring that a caregiver be provided with access to 51 school resources in order to enable a child to achieve 52 educational success; requiring the delivery of a 53 curriculum model relating to self-advocacy; requiring 54 documentation of a child’s progress, the services 55 needed, and the party responsible for providing 56 services; specifying choices for a child with respect 57 to diplomas and certificates for high school 58 graduation or completion; providing that a child with 59 a disability may stay in school until 22 years of age 60 under certain circumstances; requiring caregivers to 61 remain involved in the academic life of a child in 62 high school; requiring documentation of a child’s 63 progress, the services needed, and the party who is 64 responsible for providing services; providing for a 65 child to be exposed to job-preparatory instruction, 66 enrichment activities, and volunteer and service 67 opportunities, including activities and services 68 offered by the Department of Economic Opportunity; 69 requiring that children in care be afforded 70 opportunities to participate in the usual activities 71 of school, community, and family life; requiring the 72 department to work with the Agency for Health Care 73 Administration and other stakeholders to develop a 74 plan for providing comprehensive health care for a 75 child; requiring a report; requiring the department to 76 work with the Independent Living Services Advisory 77 Council to develop strategies to ensure that no child 78 leaves care without a permanent connection to a 79 committed adult; requiring a report; requiring 80 caregivers to encourage and support a child’s 81 participation in extracurricular activities; requiring 82 that transportation be provided for a child; providing 83 for the development of a transition plan; specifying 84 the contents of a transition plan; requiring that the 85 plan be reviewed by the court; requiring that a child 86 be provided with specified documentation; requiring 87 that the transition plan be coordinated with the case 88 plan and a transition plan prepared pursuant to the 89 Individuals with Disabilities Education Act for a 90 child with disabilities; requiring the creation of a 91 notice that specifies the options that are available 92 to the child; requiring that community-based care lead 93 agencies and contracted providers report specified 94 data to the department and Legislature; amending s. 95 39.701, F.S.; conforming terminology; specifying the 96 required considerations during judicial review of a 97 child under the jurisdiction of the court; specifying 98 additional documents that must be provided to a child 99 and that must be verified at the judicial review; 100 requiring judicial review of a transition plan; 101 amending s. 409.1451, F.S., relating to the Road-to 102 Independence Program; creating the Foundations First 103 Program for young adults who want to remain in care 104 after reaching 18 years of age; providing eligibility, 105 termination, and reentry requirements for the program; 106 requiring a court hearing before termination; 107 providing for the development of a transition plan; 108 specifying the contents of the transition plan; 109 requiring that a young adult be provided with 110 specified documentation; requiring that the transition 111 plan be coordinated with the case plan and a 112 transition plan prepared pursuant to the Individuals 113 with Disabilities Education Act for a young adult with 114 disabilities; requiring the creation of a notice that 115 specifies the options that are available to the young 116 adult; requiring annual judicial reviews; creating the 117 College Bound Program for young adults who have 118 completed high school and have been admitted to an 119 eligible postsecondary institution; providing 120 eligibility requirements; providing for a stipend; 121 requiring satisfactory academic progress for 122 continuation of the stipend; providing for 123 reinstatement of the stipend; providing for 124 portability of services for a child or young adult who 125 moves out of the county or out of state; specifying 126 data required to be reported to the department and 127 Legislature; conforming terminology relating to the 128 Independent Living Services Advisory Council; 129 providing rulemaking authority to the Department of 130 Children and Family Services; amending s. 409.166, 131 F.S.; providing for adoption assistance to be paid for 132 a young adult until the age of 21 if the young adult 133 meets specified conditions; amending s. 409.903, F.S.; 134 conforming a cross-reference; requiring the department 135 to amend the case plan and judicial social service 136 review formats; providing for young adults receiving 137 transition services to continue to receive existing 138 services until December 31, 2012; providing 139 exceptions; providing an effective date. 140 141 Be It Enacted by the Legislature of the State of Florida: 142 143 Section 1. Subsection (2) of section 39.013, Florida 144 Statutes, is amended to read: 145 39.013 Procedures and jurisdiction; right to counsel.— 146 (2) The circuit court has exclusive original jurisdiction 147 of all proceedings under this chapter, of a child voluntarily 148 placed with a licensed child-caring agency, a licensed child 149 placing agency, or the department, and of the adoption of 150 children whose parental rights have been terminated under this 151 chapter. Jurisdiction attaches when the initial shelter 152 petition, dependency petition, or termination of parental rights 153 petition is filed or when a child is taken into the custody of 154 the department. The circuit court may assume jurisdiction over 155 any such proceeding regardless of whether the child was in the 156 physical custody of both parents, was in the sole legal or 157 physical custody of only one parent, caregiver, or some other 158 person, or was in the physical or legal custody of no person 159 when the event or condition occurred that brought the child to 160 the attention of the court. When the court obtains jurisdiction 161 of any child who has been found to be dependent, the court shall 162 retain jurisdiction, unless relinquished by its order, until the 163 child reaches 18 years of age. However, if a young adultyouth164 petitions the court at any time before his or her 19th birthday 165 requesting the court’s continued jurisdiction, the juvenile 166 court may retain jurisdiction under this chapter for a period 167 not to exceed 1 year following the young adult’syouth’s18th 168 birthday for the purpose of determining whether appropriate 169aftercare support, Road-to-Independence Program, transitional170support, mental health, and developmental disabilityservices 171 that were required to be provided to the young adult before 172 reaching 18 years of age, to the extent otherwise authorized by 173 law, have been providedto the formerly dependent child who was174in the legal custody of the department immediately before his or175her 18th birthday. If a young adult chooses to participate in 176 the Foundations First Program, the court shall retain 177 jurisdiction until the young adult leaves the program as 178 provided for in s. 409.1451(4). The court shall review the 179 status of the young adult at least every 12 months or more 180 frequently if the court deems it necessary. If a petition for 181 special immigrant juvenile status and an application for 182 adjustment of status have been filed on behalf of a foster child 183 and the petition and application have not been granted by the 184 time the child reaches 18 years of age, the court may retain 185 jurisdiction over the dependency case solely for the purpose of 186 allowing the continued consideration of the petition and 187 application by federal authorities. Review hearings for the 188 child shall be set solely for the purpose of determining the 189 status of the petition and application. The court’s jurisdiction 190 terminates upon the final decision of the federal authorities. 191 Retention of jurisdiction in this instance does not affect the 192 services available to a young adult under s. 409.1451. The court 193 may not retain jurisdiction of the case after the immigrant 194 child’s 22nd birthday. 195 Section 2. Section 39.015, Florida Statutes, is created to 196 read: 197 39.015 Guardianship of children placed in the department’s 198 custody.- The department shall be the guardian of the person of 199 children who are placed by court order in the department’s 200 custody, through either shelter care or foster care. Unless 201 parental rights are terminated, this guardianship does not 202 include the right to consent to extraordinary medical care or 203 treatment and does not include any other rights specifically 204 retained to the parents by court order entered pursuant to this 205 chapter. The department shall exercise its guardianship of a 206 child through individual staff of its community-based care lead 207 agency or its contracted providers, acting on behalf of the 208 department. 209 Section 3. Subsections (2) and (3) of section 39.6012, 210 Florida Statutes, are amended, and subsection (4) is added to 211 that section, to read: 212 39.6012 Case plan tasks; services.— 213 (2) The case plan must include all available information 214 that is relevant to the child’s care including, at a minimum: 215 (a) A description of the identified needs of the child 216 while in care. 217 (b) A description of the plan for ensuring that the child 218 receives safe and proper care and that services are provided to 219 the child in order to address the child’s needs. To the extent 220 available and accessible, the following health, mental health, 221 and education information and records of the child must be 222 attached to the case plan and updated throughout the judicial 223 review process: 224 1. The names and addresses of the child’s health, mental 225 health, and educational providers; 226 2. The child’s grade level performance; 227 3. The child’s school record; 228 4. Assurances that the child’s placement takes into account 229 proximity to the school in which the child is enrolled at the 230 time of placement and that efforts were made to allow the child 231 to remain in that school if it is in the best interest of the 232 child; 233 5. A record of the child’s immunizations; 234 6. The child’s known medical history, including any known 235 problems; 236 7. The child’s medications, if any; and 237 8. Any other relevant health, mental health, and education 238 information concerning the child. 239 (3) In addition to any other requirement, if the child is 240 in an out-of-home placement, the case plan must include: 241 (a) A description of the type of placement in which the 242 child is to be living. 243 (b) A description of the parent’s visitation rights and 244 obligations and the plan for sibling visitation if the child has 245 siblings and is separated from them. 246 (c) When appropriate, for a child who is in middle school 247 or high school13 years of age or older, a written description 248 of the programs and services that will help the child prepare 249 for the transition fromfostercare to independent living. 250 (d) A discussion of the safety and the appropriateness of 251 the child’s placement, which placement is intended to be safe, 252 and the least restrictive and the most family-like setting 253 available consistent with the best interest and special needs of 254 the child and in as close proximity as possible to the child’s 255 home. 256 (4) The case plan must contain procedures for an older 257 child to directly access and manage the personal allowance he or 258 she receives from the department in order to learn 259 responsibility and participate, to the extent feasible, in age 260 appropriate life skills activities. 261 Section 4. Section 39.6015, Florida Statutes, is created to 262 read: 263 39.6015 Services for older children in care.— 264 (1) PURPOSE AND INTENT.— 265 (a) The Legislature acknowledges that safety, permanency, 266 and well-being are critical goals for all children, especially 267 for those in care, and that well-being depends on receiving a 268 quality education, being provided with comprehensive health care 269 and developing a permanent connection to a supportive adult. The 270 Legislature finds that well-being also depends on each child in 271 care being engaged in a broad range of the usual activities of 272 family, school, and community life during adolescence that will 273 help to empower the child in his or her transition into 274 adulthood and in living independently. 275 (b) The Legislature recognizes that education and the other 276 positive experiences of a child are key to a successful future 277 as an adult and that it is particularly important for a child in 278 care to be provided with opportunities to succeed. The 279 Legislature intends that individuals and communities become 280 involved in the education of a child in care, address issues 281 that will improve the educational outcomes for the child, and 282 find ways to ensure that the child values and receives a high 283 quality education. Many professionals in the local community 284 understand these issues, and it is the intent of the Legislature 285 that biological parents, caregivers, educators, advocates, the 286 department and its community-based care providers, guardians ad 287 litem, and judges, in fulfilling their responsibilities to the 288 child, work together to ensure that an older child in care has 289 access to the same academic resources, services, and 290 extracurricular and enrichment activities that are available to 291 all children. The Legislature intends for education services to 292 be delivered in an age-appropriate and developmentally 293 appropriate manner, along with modifications or accommodations 294 as may be necessary to include every child, specifically 295 including a child with a disability. 296 (c) The Legislature also recognizes that there are many 297 challenges and barriers to providing comprehensive health care 298 for children in care. These include the extensive and complex 299 health care needs of children in care and the lack of a 300 coordinated health care system to meet those needs. The 301 Legislature finds that challenges within the child welfare 302 system include the frequency of placement changes that many 303 children experience while in care, lack of medical history 304 information, and the poor integration of health care plans and 305 permanency plans. Challenges within the health care system are 306 primarily related to insufficient service capacity and a lack of 307 qualified providers, especially mental health providers and 308 dentists, who have experience with and are willing to serve 309 children in care. The Legislature intends that every child in 310 care be provided with appropriate, adequate and comprehensive 311 health care. 312 (d) The Legislature finds that while it is important to 313 provide children with independent living skills, those skills 314 must be built upon a foundation of permanent connections to 315 family and other supportive adults. Children must have a 316 permanent connection with at least one committed adult who 317 provides a safe, stable, and secure parenting relationship; 318 love, unconditional commitment, and lifelong support; and a 319 legal relationship, if possible. The Legislature recognizes the 320 need to focus more broadly on creating permanent family 321 relationships and connections for, and with, children in care 322 and intends that no child leaves care without a lifelong 323 connection to a supportive adult. 324 (e) It is further the intent of the Legislature that while 325 services to prepare a child for life on his or her own are 326 important, these services will not diminish efforts to achieve 327 permanency goals of reunification, adoption, or permanent 328 guardianship. 329 (2) EDUCATION PROVISIONS.—Perhaps more than any other 330 population, an older child in care is in need of a quality 331 education. The child depends on the school to provide positive 332 role models, to provide a network of relationships and 333 friendships that will help the child gain social and personal 334 skills, and to provide the educational opportunities and other 335 activities that are needed for a successful transition into 336 adulthood. 337 (a) Definitions.—As used in this section, the term: 338 1. “Caregiver” has the same meaning as provided in s. 339 39.01(10) and also includes a staff member of the group home or 340 facility in which the child resides. 341 2. “School of origin” means the school that the child 342 attended before coming into care or the school in which the 343 child was last enrolled. If the child is relocated outside the 344 area of the school of origin, the department and its community 345 based providers shall provide the necessary support to the 346 caregiver so that the child can continue enrollment in the 347 school of origin if it is in the best interest of the child. 348 (b) School stability.—The mobility of a child in care can 349 disrupt the educational experience. Whenever a child enters 350 care, or is moved from one home to another, the proximity of the 351 new home to the child’s school of origin shall be considered. 352 The case plan must include tasks or a plan for ensuring the 353 child’s educational stability while in care. As part of this 354 plan, the community-based care provider shall document 355 assurances that: 356 1. The appropriateness of the current educational setting 357 and the proximity to the school in which the child is enrolled 358 at the time of coming into care have been taken into 359 consideration. 360 2. The community-based care provider has coordinated with 361 the appropriate local school district to determine if the child 362 can remain in the school in which he or she is enrolled. 363 3. The child in care has been asked about his or her 364 educational preferences and needs, including his or her view on 365 whether to change schools when the living situation changes. 366 4. A child with a disability is allowed to continue in an 367 appropriate educational setting, regardless of changes to the 368 location of the home, and transportation is addressed and 369 provided in accordance with the child’s individualized education 370 program. A child with a disability shall receive the protections 371 provided in federal and state law, including timelines for 372 evaluations, implementation of an individualized education plan 373 or an individual family service plan, and placement in the least 374 restrictive environment, even when the child changes school 375 districts. 376 5. The department and its community-based providers shall 377 provide special reimbursement for expenses associated with 378 transporting a child to his or her school of origin if the 379 school district does not provide transportation or the 380 individualized education plan does not include transportation as 381 a service. Transportation arrangements shall follow a route that 382 is as direct and expedient for the child as is reasonably 383 possible. 384 (c) School transitions.—A change in schools, if necessary, 385 shall be as least disruptive as possible, and the support 386 necessary for a successful transition shall be provided by the 387 department, the community-based provider, and the caregiver. The 388 department and the community-based providers shall work with 389 school districts to develop and implement procedures to ensure 390 that a child in care: 391 1. Is enrolled immediately in a new school and can begin 392 classes promptly. 393 2. Does not experience a delay in enrollment and delivery 394 of appropriate services due to school or record requirements as 395 required by s. 1003.22. 396 3. Has education records that are comprehensive and 397 accurate and that promptly follow the child to a new school. 398 4. Is allowed to participate in all academic and 399 extracurricular programs, including athletics, when arriving at 400 a new school in the middle of a school term, even if normal 401 timelines have passed or programs are full. A district school 402 board or school athletic association, including the Florida High 403 School Athletic Association or its successor, may not prevent, 404 or create barriers to, the ability of a child in care to 405 participate in age-appropriate extracurricular, enrichment, or 406 social activities. 407 5. Receives credit or partial credit for coursework 408 completed at the prior school. 409 6. Has the ability to receive a high school diploma even 410 when the child has attended multiple schools that have varying 411 graduation requirements. 412 (d) School attendance.—A child in care shall attend school 413 as required by s. 1003.26. 414 1. The community-based care provider and caregiver shall 415 eliminate any barriers to attendance such as required school 416 uniforms or school supplies. 417 2. Appointments and court appearances for a child in care 418 shall be scheduled to minimize the effect on the child’s 419 education and to ensure that the child is not penalized for 420 school time or work missed because of court hearings or 421 activities related to the child welfare case. 422 3. A caregiver who refuses or fails to ensure that a child 423 who is in his or her care attends school regularly is subject to 424 the same procedures and penalties as a parent under s. 1003.27. 425 (e) Education advocacy.— 426 1. A child in care shall have an adult caregiver who is 427 knowledgeable about schools and children in care and who serves 428 as an education advocate to reinforce the value of the child’s 429 investment in education, to ensure that the child receives a 430 high-quality education, and to help the child plan for middle 431 school, high school, and postschool training, employment, or 432 college. The advocate may be a caregiver, care manager, guardian 433 ad litem, educator, or individual hired and trained for the 434 specific purpose of serving as an education advocate. 435 2. A child in care with disabilities who is eligible for 436 the appointment of a surrogate parent, as required in s. 437 39.0016, shall be assigned a surrogate in a timely manner, but 438 no later than 30 days after a determination that a surrogate is 439 needed. 440 3. The community-based provider shall document in the 441 child’s case plan that an education advocate has been identified 442 for each child in care or that a surrogate parent has been 443 appointed for each child in care with a disability. 444 (f) Academic requirements and support; middle school 445 students.—A child must complete the required courses that 446 include mathematics, English, social studies, and science in 447 order to be promoted from a state school composed of middle 448 grades 6, 7, and 8. 449 1. In addition to other academic requirements, a child must 450 complete one course in career and education planning in 7th or 451 8th grade. The course, as required by s. 1003.4156, must include 452 career exploration using Florida CHOICES Explorer or Florida 453 CHOICES Planner and must include educational planning using the 454 online student advising system known as Florida Academic 455 Counseling and Tracking for Students at the Internet website 456 FACTS.org. 457 a. Each child shall complete an electronic personalized 458 academic and career plan that must be signed by the child, the 459 child’s teacher, guidance counselor, or academic advisor, and 460 the child’s parent, caregiver, or other designated education 461 advocate. Any designated advocate must have the knowledge and 462 training to serve in that capacity. 463 b. The required personalized academic and career plan must 464 inform students of high school graduation requirements, high 465 school assessment and college entrance test requirements, 466 Florida Bright Futures Scholarship Program requirements, state 467 university and Florida College System institution admission 468 requirements, and programs through which a high school student 469 may earn college credit, including Advanced Placement, 470 International Baccalaureate, Advanced International Certificate 471 of Education, dual enrollment, career academy opportunities, and 472 courses that lead to national industry certification. 473 c. A caregiver shall attend the parent meeting held by the 474 school to inform parents about the career and education planning 475 course curriculum and the activities associated with the 476 curriculum. 477 2. For a child with a disability, the decision whether to 478 work toward a standard diploma or a special diploma shall be 479 addressed at the meeting on the individual education transition 480 plan conducted during the child’s 8th grade or the year the 481 child turns 14 years of age, whichever occurs first. The child 482 shall be invited to participate in this and each subsequent 483 transition plan meeting. At this meeting, the individual 484 education transition plan team, including the child, the 485 caregiver, and other designated education advocate, shall 486 determine whether a standard or special diploma best prepares 487 the child for his or her education and career goals after high 488 school. 489 a. The team shall plan the appropriate course of study, 490 which may include basic education courses, career education 491 courses, and exceptional student education courses. 492 b. The team shall identify any special accommodations, 493 modifications, and related services needed to help the child 494 participate fully in the educational program. 495 c. All decisions shall be documented on the individual 496 education transition plan, and this information shall be used to 497 guide the child’s educational program as he or she enters high 498 school. 499 3. A caregiver or the community-based care provider shall 500 provide the child with all information related to the Road-to 501 Independence Program as provided in s. 409.1451. 502 4. A caregiver or another designated education advocate 503 shall attend parent-teacher conferences and monitor each child’s 504 academic progress. 505 5. Each district school board, as required by s. 1002.23, 506 shall develop and implement a well-planned, inclusive, and 507 comprehensive program to assist parents and families in 508 effectively participating in their child’s education. A school 509 district shall have available resources and services for parents 510 and their children, such as family literacy services; mentoring, 511 tutorial, and other academic reinforcement programs; college 512 planning, academic advisement, and student counseling services; 513 and after-school programs. A caregiver shall access these 514 resources as necessary to enable the child in his or her care to 515 achieve educational success. 516 6. A child in care, particularly a child with a disability, 517 shall be involved and engaged in all aspects of his or her 518 education and educational planning and must be empowered to be 519 an advocate for his or her education needs. Community-based care 520 providers shall enter into partnerships with school districts to 521 deliver curriculum on self-determination or self-advocacy to 522 engage and empower the child to be his or her own advocate, 523 along with support from the caregiver, community-based care 524 provider, guardian ad litem, teacher, school guidance counselor, 525 and other designated education advocate. 526 7. The community-based care provider shall document in the 527 case plan evidence of the child’s progress toward, and 528 achievement of, academic, life, social, and vocational skills. 529 The case plan shall be amended to fully and accurately reflect 530 the child’s academic and career plan, identify the services and 531 tasks needed to support that plan, and identify the party 532 responsible for accomplishing the tasks or providing the needed 533 services. 534 8. The community-based care provider shall conduct an 535 annual staff meeting for each child who is enrolled in middle 536 school. The community-based care provider shall complete an 537 independent living assessment to determine the child’s skills 538 and abilities to become self-sufficient and live independently 539 after the first staff meeting conducted after the child enters 540 middle school. The assessment must consider those skills that 541 are expected to be acquired by a child from his or her school 542 setting and living arrangement. The community-based care 543 provider must provide the needed services if additional services 544 are necessary to ensure that the child obtains the appropriate 545 independent living skills. The community-based care provider 546 shall document in the case plan evidence of the child’s progress 547 toward developing independent living skills. 548 (g) Academic requirements and support; high school 549 students.—Graduation from high school is essential for a child 550 to be able to succeed and live independently as an adult. In 551 Florida, 70 percent of children in care reach 18 years of age 552 without having obtained a high school diploma. It is the 553 responsibility of the department, its community-based providers, 554 and caregivers to ensure that a child in care is able to take 555 full advantage of every resource and opportunity in order to be 556 able to graduate from high school and be adequately prepared to 557 pursue postsecondary education at a college or university or to 558 acquire the education and skills necessary to enter the 559 workplace. In preparation for accomplishing education and career 560 goals after high school, the child shall select the appropriate 561 course of study which best meets his or her needs. 562 1. An older child who plans to attend a college or 563 university after graduation must take certain courses to meet 564 state university admission requirements. The course requirements 565 for state university admission are the same for two Bright 566 Futures Scholarship awards, the Florida Academic Scholars award, 567 and the Florida Medallion Scholars award. By following this 568 course of study, which is required for state university 569 admission and recommended if the child intends to pursue an 570 associate in arts degree at a Florida College System institution 571 and transfer to a college or university to complete a bachelor’s 572 degree, the child will meet the course requirements for high 573 school graduation, state university admission, and two Bright 574 Futures Scholarship awards. 575 2. An older child who plans on a career technical program 576 in high school to gain skills for work or continue after 577 graduation at a Florida College System institution, technical 578 center, or registered apprenticeship program should choose a 579 course of study that meets the course requirements for high 580 school graduation, the third Bright Futures Scholarship award, 581 and the Florida Gold Seal Vocational Scholars award. This course 582 of study is recommended if the child intends to pursue a 583 technical certificate or license, an associate degree, or a 584 bachelor’s degree, or wishes to gain specific career training. 585 3. An older child with a disability may choose to work 586 toward a standard diploma, a special diploma, or a certificate 587 of completion. The child shall be assisted in choosing a diploma 588 option by school and district staff through the development of 589 the individual education plan. The diploma choice shall be 590 reviewed each year at the child’s individual education plan 591 meeting. 592 a. An older child or young adult with a disability who has 593 not earned a standard diploma or who has been awarded a special 594 diploma, certificate of completion, or special certificate of 595 completion before reaching 22 years of age may stay in school 596 until he or she reaches 22 years of age. 597 b. The school district shall continue to offer services 598 until the young adult reaches 22 years of age or until he or she 599 earns a standard diploma, whichever occurs first, as required by 600 the Individuals with Disabilities Education Act. 601 4. This paragraph does not preclude an older child from 602 seeking the International Baccalaureate Diploma or the Advanced 603 International Certificate of Education Diploma. 604 5. Educational guidance and planning for high school shall 605 be based upon the decisions made during middle school. 606 Caregivers shall remain actively involved in the child’s 607 academic life by attending parent-teacher conferences and by 608 taking advantage of available resources to enable the child to 609 achieve academic success. 610 6. The community-based care provider shall document in the 611 case plan evidence of the child’s progress toward, and 612 achievement of, academic, life, social, and vocational skills. 613 The case plan shall be amended to completely reflect the child’s 614 academic and career plan, identify the services and tasks needed 615 to support that plan, and identify the party responsible for 616 accomplishing the tasks or providing the needed services. 617 7. The community-based care provider shall conduct a staff 618 meeting at least every 6 months for each child who is enrolled 619 in high school. The community-based care provider shall complete 620 an independent living assessment to determine the child’s skills 621 and abilities to become self-sufficient and live independently 622 after the first staff meeting conducted after the child enters 623 high school. The assessment must consider those skills that are 624 expected to be acquired by a child from his or her school 625 setting and living arrangement. The community-based care 626 provider must provide the needed services if additional services 627 are necessary to ensure that the child obtains the appropriate 628 independent living skills. Such additional independent living 629 skills may include, but not be limited to, training to develop 630 banking and budgeting skills, interviewing skills, parenting 631 skills, time management or organizational skills, educational 632 support, employment training, and personal counseling. The 633 community-based care provider shall document in the case plan 634 evidence of the child’s progress toward developing independent 635 living skills. 636 8. Participation in workforce readiness activities is 637 essential for a child in care at the high school level to 638 prepare himself or herself to be a self-supporting and 639 productive adult. The caregiver and the community-based care 640 provider shall ensure that each child: 641 a. Who is interested in pursuing a career after high school 642 graduation is exposed to job-preparatory instruction in the 643 competencies that prepare students for effective entry into an 644 occupation, including diversified cooperative education, work 645 experience, and job-entry programs that coordinate directed 646 study and on-the-job training. 647 b. Is provided with the opportunity to participate in 648 enrichment activities that increase the child’s understanding of 649 the workplace, to explore careers, and to develop goal-setting, 650 decisionmaking, and time-management skills. 651 c. Is provided with volunteer and service learning 652 opportunities in order to develop workplace and planning skills, 653 self esteem, and personal leadership skills. 654 d. Is provided with an opportunity to participate in 655 activities and services provided by the Department of Economic 656 Opportunity and the regional workforce boards within the 657 Division of Workforce Services which prepare all young adults, 658 including those with a disability, for the workforce. 659 (3) HEALTH CARE COORDINATION.– 660 (a) The department shall work with the Agency for Health 661 Care Administration in consultation with pediatricians, other 662 experts in health care, and experts in and recipients of child 663 welfare services, to develop a plan for a coordinated approach 664 to providing comprehensive health care for children in care. 665 Comprehensive health care refers to strategies and services for 666 meeting the physical, dental, mental, emotional, and 667 developmental health needs of children. It includes all health 668 care including primary, tertiary, and specialty care. The plan 669 must include the following components: 670 1. A schedule for the initial and follow-up health 671 screenings; 672 2. A strategy for providing access to health care services 673 and treatment for health needs identified through screenings; 674 3. A strategy for the updating and appropriate sharing of 675 health care data and information which may include establishing 676 an electronic health record; 677 4. A system for ensuring continuity of health care services 678 which may include establishing a medical home for each child in 679 care; 680 5. A procedure for providing oversight of prescription 681 medication; 682 6. A protocol to increase collaboration among health, 683 mental health, child welfare, juvenile justice, courts, 684 education, and other child-serving systems, as well as providers 685 and community organizations, to meet the health care needs of 686 children in care; and 687 7. A strategy for including families in health care 688 decisions for children in care. 689 (b) The department shall submit a report to the Governor 690 and the Legislature by March 1 and September 1 of each year 691 until a system for providing comprehensive health care to 692 children in care has been implemented statewide. The report must 693 address progress that has been made toward achieving each of the 694 components in paragraph (a). 695 (4) PERMANENT CONNECTIONS.– 696 (a) The department, in collaboration with the Independent 697 Living Services Advisory Council shall establish a workgroup for 698 the purpose of developing and implementing strategies to ensure 699 that each child who leaves care has at least one positive, 700 reliable caring adult who will continue to support him or her 701 after leaving care, through his or her young adulthood and 702 beyond. This adult may include: 703 1. People with whom the youth has some emotional attachment 704 such as birth family, extended family, kin, adoptive family, 705 foster family, teachers, mentors or coaches; 706 2. People with whom the youth would like to stay connected 707 or re-establish contact; or 708 3. People who the youth defines as family or supports. 709 (b) The department shall submit a report by December 31 of 710 each year to the Governor and the Legislature which includes a 711 summary of the actions taken and practices implemented statewide 712 to ensure that no child leaves care without a lifelong 713 connection to a supportive adult. 714 (5) EXTRACURRICULAR ACTIVITIES.—An older child in care 715 shall be accorded to the fullest extent possible the opportunity 716 to participate in the activities of community, school, and 717 family life. 718 (a) A caregiver shall encourage and support participation 719 in age-appropriate extracurricular and social activities for an 720 older child, including a child with a disability. 721 (b) A caregiver shall provide transportation for such 722 activities, and community-based care providers shall reimburse 723 the caregiver for the expenses associated with such activities. 724 (c) The department and its community-based providers may 725 not place an older child in a home if the caregiver does not 726 encourage or facilitate participation in and provide 727 transportation to the extracurricular activities of the child’s 728 choice, unless other arrangements can be made by the community 729 based care provider to enable the child’s participation in such 730 activities. 731 (d) A caregiver’s license or licensure status is not 732 affected by the age-appropriate actions of a child engaging in 733 activities while in his or her care. 734 (6) DEVELOPMENT OF THE TRANSITION PLAN.—If a child is 735 planning to leave care upon reaching 18 years of age, during the 736 180-day period before the child reaches 18 years of age, the 737 department and community-based care provider, in collaboration 738 with the caregiver, any other designated education advocate, and 739 any other individual whom the child would like to have included, 740 shall assist and support the older child in developing a 741 transition plan. The transition plan must take into account all 742 of the education and other skills achieved by the child in 743 middle and high school, must include specific options for the 744 child on housing, health insurance, education, local 745 opportunities for mentors and continuing support services, and 746 workforce support and employment services, and must be reviewed 747 by the court during the last review hearing before the child 748 reaches 18 years of age. In developing the plan, the department 749 and community-based provider shall: 750 (a) Provide the child with the documentation required in s. 751 39.701(7); 752 (b) Coordinate with local public and private entities in 753 designing the transition plan as appropriate; 754 (c) Coordinate the transition plan with the independent 755 living provisions in the case plan and the Individuals with 756 Disabilities Education Act transition plan for a child with a 757 disability; and 758 (d) Create a clear and developmentally appropriate notice 759 specifying the options available for a young adult who chooses 760 to remain in care for a longer period. The notice must include 761 information about what services the child is eligible for and 762 how such services may be obtained. 763 (7) ACCOUNTABILITY.— 764 (a) The community-based care lead agencies and its 765 contracted providers shall report to the department the 766 following information: 767 1. The total number of children in care who are enrolled in 768 middle school, high school, adult high school, and GED programs 769 and, in a breakdown by age, how many had their living 770 arrangements change one time and how many were moved two or more 771 times. For the children who were moved, how many had to change 772 schools and how many of those changes were due to a lack of 773 transportation. 774 2. For those children for whom transportation was provided, 775 how many children were provided transportation, how the 776 transportation was provided, how it was paid for, and the amount 777 of the total expenditure by the lead agency. 778 3. The same information required in subparagraphs 1. and 779 2., specific to children in care with a disability. 780 4. In a breakdown by age, for those children who changed 781 schools at least once, how many children experienced problems in 782 the transition, what kinds of problems were encountered, and 783 what steps the lead agency and the caregiver took to remedy 784 those problems. 785 5. In a breakdown by age, out of the total number of 786 children in care, the number of children who were absent from 787 school more than 10 days in a semester and the steps taken by 788 the lead agency and the caregiver to reduce absences. 789 6. Evidence that the lead agency has established a working 790 relationship with each school district in which a child in care 791 attends school. 792 7. In a breakdown by age, out of the total number of 793 children in care, the number who have documentation in the case 794 plan that either an education advocate or a surrogate parent has 795 been designated or appointed. 796 8. In a breakdown by age, out of the total number of 797 children in care, the number of children who have documentation 798 in the case plan that they have an education advocate who 799 regularly participates in parent-teacher meetings and other 800 school-related activities. 801 9. For those children in care who have finished 8th grade, 802 the number of children who have documentation in the case plan 803 that they have completed the academic and career plan required 804 by s. 1003.4156 and that the child and the caregiver have signed 805 the plan. 806 10. For those children in care who have a disability and 807 have finished 8th grade, the number of children who have 808 documentation in the case plan that they have had an individual 809 education transition plan meeting. 810 11. In a breakdown by age, the total number of children in 811 care who are in middle school or high school. For each age, the 812 number of children who are reading at or above grade level, the 813 number of children who have successfully completed the FCAT and 814 end-of-course assessments, the number of children who have 815 dropped out of school, the number of children who have enrolled 816 in any dual enrollment or advanced placement courses, and the 817 number of children completing the required number of courses, 818 assessments, and hours needed to be promoted to the next grade 819 level. 820 12. With a breakdown by age, the total number of children 821 in care who are in middle school or high school. For each age, 822 the number of children who have documentation in the case plan 823 that they are involved in at least one extracurricular activity, 824 whether it is a school-based or community-based activity, 825 whether they are involved in at least one service or volunteer 826 activity, and who provides the transportation. 827 13. The total number of children in care who are 17 years 828 of age and who are obtaining services from the lead agency or 829 its contracted providers and how many of that total number have 830 indicated that they plan to remain in care after turning 18 831 years of age, and for those children who plan to leave care, how 832 many children have a transition plan. 833 14. A breakdown of documented expenses for children in 834 middle and high school. 835 (b) Each community-based care lead agency shall provide its 836 report to the department by September 30 of each year. The 837 department shall compile the reports from each community-based 838 care lead agency and provide them to the Legislature by December 839 31 of each year, with the first report due to the Legislature on 840 December 31, 2012. 841 Section 5. Subsections (7), (8), and (9) of section 39.701, 842 Florida Statutes, are amended to read: 843 39.701 Judicial review.— 844 (7)(a) In addition to paragraphs (1)(a) and (2)(a), the 845 court shall hold a judicial review hearing within 90 days after 846 a child’syouth’s17th birthday. The court shall also issue an 847 order, separate from the order on judicial review, that the 848 disability of nonage of the childyouthhas been removed 849 pursuant to s. 743.045. The court shall continue to hold timely 850 judicial review hearings thereafter. In addition, the court may 851 review the status of the child more frequently during the year 852 prior to the child’syouth’s18th birthday if necessary. At each 853 review held under this subsection, in addition to any 854 information or report provided to the court, the caregiver 855foster parent, legal custodian, guardian ad litem, and the child 856 shall be given the opportunity to address the court with any 857 information relevant to the child’s best interests, particularly 858 as it relates to the requirements of s. 39.6015 and the Road-to- 859 Independence Program under s. 409.1451independent living860transition services. In addition to any information or report 861 provided to the court, the department shall include in its 862 judicial review social study report written verification that 863 the child has been provided with: 864 1.Has been provided withA current Medicaid card andhas865been providedall necessary information concerning the Medicaid 866 program sufficient to prepare the childyouthto apply for 867 coverage upon reaching age 18, if such application would be 868 appropriate. 869 2.Has been provided withA certified copy of his or her 870 birth certificate and, if the child does not have a valid 871 driver’s license, a Florida identification card issued under s. 872 322.051. 873 3. A social security card andHas been providedinformation 874 relating to Social Security Insurance benefits if the child is 875 eligible for these benefits. If the child has received these 876 benefits and they are being held in trust for the child, a full 877 accounting of those funds must be provided and the child must be 878 informed about how to access those funds. 8794. Has been provided with information and training related880to budgeting skills, interviewing skills, and parenting skills.881 4.5.Has been provided withAll relevant information 882 related to the Road-to-Independence Program, including, but not 883 limited to, eligibility requirements, information on howforms884necessaryto participateapply, and assistance in gaining 885 admission to the programcompleting the forms. The child shall 886 also be informed that, if he or she is eligible for the Road-to 887 Independence Program, he or she may reside with the licensed 888fosterfamily or group care provider with whom the child was 889 residing at the time of attaining his or her 18th birthday or 890 may reside in another licensedfosterhome or with a group care 891 provider arranged by the department. 892 5.6.An opportunity toHas anopen a bank account,or 893 obtainhasidentification necessary to open an account, and has 894 been provided with essential banking and budgeting skills. 895 6.7.Has been provided withInformation on public 896 assistance and how to apply. 897 7.8.Has been providedA clear understanding of where he or 898 she will be living on his or her 18th birthday, how living 899 expenses will be paid, and in what educational program or school 900 he or she will be enrolledin. 901 8.9.Information related to the abilityHas been provided902withnoticeof the childyouth’s rightto remain in care until 903 he or she reaches 21 years of agepetition for the court’s904continuing jurisdiction for 1 year after the youth’s 18th905birthdayas specified in s. 39.013(2) andwithinformation on 906 how to participate in the Road-to-Independence Programobtain907access to the court. 908 9. A letter providing the dates that the child was under 909 the jurisdiction of the court. 910 10. A letter stating that the child was in care, in 911 compliance with financial aid documentation requirements. 912 11. His or her entire educational records. 913 12. His or her entire health and mental health records. 914 13. The process for accessing his or her case file. 915 14.10.EncouragementHas been encouragedto attend all 916 judicial review hearings occurring after his or her 17th 917 birthday. 918 (b) At the first judicial review hearing held subsequent to 919 the child’s 17th birthday, in addition to the requirements of 920 subsection (8), the department shall provide the court with an 921 updated case plan that includes specific information related to 922 the provisions of s. 39.6015,independent living services that923have been providedsince the child entered middle schoolchild’s92413th birthday, or since the date the child came intofoster925 care, whichever came later. 926 (c) At the last judicial review hearing held before the 927 child’s 18th birthday, in addition of the requirements of 928 subsection (8), the department shall provide to the court for 929 review the transition plan for a child who is planning to leave 930 care after reaching his or her 18th birthday. 931 (d)(c)At the time of a judicial review hearing held 932 pursuant to this subsection, if, in the opinion of the court, 933 the department has not complied with its obligations as 934 specified in the written case plan or in the provision of 935independent livingservices as required by s. 39.6015, s. 936 409.1451, and this subsection, the court shall issue a show 937 cause order. If cause is shown for failure to comply, the court 938 shall give the department 30 days within which to comply and, on 939 failure to comply with this or any subsequent order, the 940 department may be held in contempt. 941 (8)(a) Before every judicial review hearing or citizen 942 review panel hearing, the social service agency shall make an 943 investigation and social study concerning all pertinent details 944 relating to the child and shall furnish to the court or citizen 945 review panel a written report that includes, but is not limited 946 to: 947 1. A description of the type of placement the child is in 948 at the time of the hearing, including the safety of the child 949 and the continuing necessity for and appropriateness of the 950 placement. 951 2. Documentation of the diligent efforts made by all 952 parties to the case plan to comply with each applicable 953 provision of the plan. 954 3. The amount of fees assessed and collected during the 955 period of time being reported. 956 4. The services provided to the caregiverfoster familyor 957 legal custodian in an effort to address the needs of the child 958 as indicated in the case plan. 959 5. A statement that either: 960 a. The parent, though able to do so, did not comply 961 substantially with the case plan, and the agency 962 recommendations; 963 b. The parent did substantially comply with the case plan; 964 or 965 c. The parent has partially complied with the case plan, 966 with a summary of additional progress needed and the agency 967 recommendations. 968 6. A statement from the caregiverfoster parentor legal 969 custodian providing any material evidence concerning the return 970 of the child to the parent or parents. 971 7. A statement concerning the frequency, duration, and 972 results of the parent-child visitation, if any, and the agency 973 recommendations for an expansion or restriction of future 974 visitation. 975 8. The number of times a child has been removed from his or 976 her home and placed elsewhere, the number and types of 977 placements that have occurred, and the reason for the changes in 978 placement. 979 9. The number of times a child’s educational placement has 980 been changed, the number and types of educational placements 981 which have occurred, and the reason for any change in placement. 982 10. If the child has entered middle schoolreached 13 years983of agebut is not yet 18 years of age, the specific information 984 contained in the case plan related to the provisions of s. 985 39.6015results of the preindependent living, life skills, or986independent living assessment; the specific services needed; and 987 the status of the delivery of the identified services. 988 11. Copies of all medical, psychological, and educational 989 records that support the terms of the case plan and that have 990 been produced concerning the parents or any caregiver since the 991 last judicial review hearing. 992 12. Copies of the child’s current health, mental health, 993 and education records as identified in s. 39.6012. 994 (b) A copy of the social service agency’s written report 995 and the written report of the guardian ad litem must be served 996 on all parties whose whereabouts are known; to the caregivers 997foster parentsor legal custodians; and to the citizen review 998 panel, at least 72 hours before the judicial review hearing or 999 citizen review panel hearing. The requirement for providing 1000 parents with a copy of the written report does not apply to 1001 those parents who have voluntarily surrendered their child for 1002 adoption or who have had their parental rights to the child 1003 terminated. 1004 (c) In a case in which the child has been permanently 1005 placed with the social service agency, the agency shall furnish 1006 to the court a written report concerning the progress being made 1007 to place the child for adoption. If the child cannot be placed 1008 for adoption, a report on the progress made by the child towards 1009 alternative permanency goals or placements, including, but not 1010 limited to, guardianship, long-term custody, long-term licensed 1011 custody, or independent living, must be submitted to the court. 1012 The report must be submitted to the court at least 72 hours 1013 before each scheduled judicial review. 1014 (d) In addition to or in lieu of any written statement 1015 provided to the court, the caregiverfoster parentor legal 1016 custodian, or any preadoptive parent, shall be given the 1017 opportunity to address the court with any information relevant 1018 to the best interests of the child at any judicial review 1019 hearing. 1020 (9) The court and any citizen review panel shall take into 1021 consideration the information contained in the social services 1022 study and investigation and all medical, psychological, and 1023 educational records that support the terms of the case plan; 1024 testimony by the social services agency, the parent, the 1025 caregiverfoster parentor legal custodian, the guardian ad 1026 litem or surrogate parent for educational decisionmaking if one 1027 has been appointed for the child, and any other person deemed 1028 appropriate; and any relevant and material evidence submitted to 1029 the court, including written and oral reports to the extent of 1030 their probative value. These reports and evidence may be 1031 received by the court in its effort to determine the action to 1032 be taken with regard to the child and may be relied upon to the 1033 extent of their probative value, even though not competent in an 1034 adjudicatory hearing. In its deliberations, the court and any 1035 citizen review panel shall seek to determine: 1036 (a) If the parent was advised of the right to receive 1037 assistance from any person or social service agency in the 1038 preparation of the case plan. 1039 (b) If the parent has been advised of the right to have 1040 counsel present at the judicial review or citizen review 1041 hearings. If not so advised, the court or citizen review panel 1042 shall advise the parent of such right. 1043 (c) If a guardian ad litem needs to be appointed for the 1044 child in a case in which a guardian ad litem has not previously 1045 been appointed or if there is a need to continue a guardian ad 1046 litem in a case in which a guardian ad litem has been appointed. 1047 (d) Who holds the rights to make educational decisions for 1048 the child. If appropriate, the court may refer the child to the 1049 district school superintendent for appointment of a surrogate 1050 parent or may itself appoint a surrogate parent under the 1051 Individuals with Disabilities Education Act and s. 39.0016. 1052 (e) The compliance or lack of compliance of all parties 1053 with applicable items of the case plan, including the parents’ 1054 compliance with child support orders. 1055 (f) The compliance or lack of compliance with a visitation 1056 contract between the parent and the social service agency for 1057 contact with the child, including the frequency, duration, and 1058 results of the parent-child visitation and the reason for any 1059 noncompliance. 1060 (g) The compliance or lack of compliance of the parent in 1061 meeting specified financial obligations pertaining to the care 1062 of the child, including the reason for failure to comply if such 1063 is the case. 1064 (h) Whether the child is receiving safe and proper care 1065 according to s. 39.6012, including, but not limited to, the 1066 appropriateness of the child’s current placement, including 1067 whether the child is in a setting that is as family-like and as 1068 close to the parent’s home as possible, consistent with the 1069 child’s best interests and special needs, and including 1070 maintaining stability in the child’s educational placement, as 1071 documented by assurances from the community-based care provider 1072 that: 1073 1. The placement of the child takes into account the 1074 appropriateness of the current educational setting and the 1075 proximity to the school in which the child is enrolled at the 1076 time of placement. 1077 2. The community-based care agency has coordinated with 1078 appropriate local educational agencies to ensure that the child 1079 remains in the school in which the child is enrolled at the time 1080 of placement. 1081 (i) A projected date likely for the child’s return home or 1082 other permanent placement. 1083 (j) When appropriate, the basis for the unwillingness or 1084 inability of the parent to become a party to a case plan. The 1085 court and the citizen review panel shall determine if the 1086 efforts of the social service agency to secure party 1087 participation in a case plan were sufficient. 1088 (k) For a child who has entered middle schoolreached 131089years of agebut is not yet 18 years of age, the progress the 1090 child has made in achieving the goals outlined in s. 39.6015 1091adequacy of the child’s preparation for adulthood and1092independent living. 1093 Section 6. Section 409.1451, Florida Statutes, is amended 1094 to read: 1095 (Substantial rewording of section. See 1096 s. 409.1451, F.S., for present text). 1097 409.1451 The Road-to-Independence Program.—The Legislature 1098 recognizes that most children and young adults are resilient 1099 and, with adequate support, can expect to be successful as 1100 independent adults. Not unlike all young adults, some young 1101 adults who have lived in care need additional resources and 1102 support for a period of time after reaching 18 years of age. The 1103 Legislature intends for these young adults to receive the 1104 education, training, and health care services necessary for them 1105 to become self-sufficient through the Road-to-Independence 1106 Program. A young adult who participates in the Road-to 1107 Independence Program may choose to remain in care until 21 years 1108 of age and receive help achieving his or her postsecondary goals 1109 by participating in the Foundations First Program, or he or she 1110 may choose to receive financial assistance to attend college 1111 through the College Bound Program. 1112 (1) THE FOUNDATIONS FIRST PROGRAM.—The Foundations First 1113 Program is designed for young adults who have reached 18 years 1114 of age but are not yet 21 years of age, and who need to finish 1115 high school or who have a high school diploma, or its 1116 equivalent, and want to achieve additional goals. These young 1117 adults are ready to try postsecondary or vocational education, 1118 try working part-time or full-time, or need help with issues 1119 that might stand in their way of becoming employed. Young adults 1120 who are unable to participate in any of these programs or 1121 activities full time due to an impairment, including behavioral, 1122 developmental, and cognitive disabilities, might also benefit 1123 from remaining in care longer. The provision of services under 1124 this subsection is intended to supplement, not supplant, 1125 services available under any other program for which the young 1126 adult is eligible, including, but not limited to, Medicaid 1127 waiver services, vocational rehabilitation programs, or school 1128 system programs. For purposes of this section, the term “child” 1129 means an individual who has not attained 21 years of age, and 1130 the term “young adult” means a child who has attained 18 years 1131 of age but who has not attained 21 years of age. 1132 (a) Eligibility; termination; and reentry.— 1133 1. A young adult who was living in licensed care on his or 1134 her 18th birthday or who is currently living in licensed care, 1135 or who after reaching 16 years of age was adopted from licensed 1136 care or placed with a court-approved dependency guardian, and 1137 has spent a minimum of 6 months in licensed care within the 12 1138 months immediately preceding such placement or adoption, is 1139 eligible for the Foundations First Program if he or she is: 1140 a. Completing secondary education or a program leading to 1141 an equivalent credential; 1142 b. Enrolled in an institution that provides postsecondary 1143 or vocational education; 1144 c. Participating in a program or activity designed to 1145 promote, or eliminate barriers to, employment; 1146 d. Employed for at least 80 hours per month; or 1147 e. Unable to participate in these programs or activities 1148 full time due to a physical, intellectual, emotional, or 1149 psychiatric condition that limits participation. Any such 1150 restriction to participation must be supported by information in 1151 the young adult’s case file or school or medical records of a 1152 physical, intellectual, or psychiatric condition that impairs 1153 the young adult’s ability to perform one or more life 1154 activities. 1155 2. The young adult in care must leave the Foundations First 1156 Program on the earliest of the date the young adult: 1157 a. Knowingly and voluntarily withdraws his or her consent 1158 to participate; 1159 b. Leaves care to live in a permanent home consistent with 1160 his or her permanency plan; 1161 c. Reaches 21 years of age; 1162 d. Becomes incarcerated in an adult or juvenile justice 1163 facility; or 1164 e. In the case of a young adult with a disability, reaches 1165 22 years of age. 1166 3. Notwithstanding the provisions of this paragraph, the 1167 department may not close a case and the court may not terminate 1168 its jurisdiction until it finds, following a hearing held after 1169 notice to all parties, that the following criteria have been 1170 met: 1171 a. Attendance of the young adult at the hearing; or 1172 b. Findings by the court that: 1173 (I) The young adult has been informed by the department of 1174 his or her right to attend the hearing and has provided written 1175 consent to waive this right; 1176 (II) The young adult has been informed of the potential 1177 negative effects of terminating care early, the option to 1178 reenter care before reaching 21 years of age, the procedure to, 1179 and limitations on, reentering care, the availability of 1180 alternative services, and that the young adult has signed a 1181 document attesting that he or she has been so informed and 1182 understands these provisions; 1183 (III) The young adult has voluntarily left the program, has 1184 not signed the document in sub-sub-subparagraph (II), and is 1185 unwilling to participate in any further court proceedings; and 1186 (IV) The department and the community-based care provider 1187 have complied with the case plan and any individual education 1188 plan. At the time of this judicial hearing, if, in the opinion 1189 of the court, the department and community-based provider have 1190 not complied with their obligations as specified in the case 1191 plan and any individual education plan, the court shall issue a 1192 show cause order. If cause is shown for failure to comply, the 1193 court shall give the department and community-based provider 30 1194 days within which to comply and, upon failure to comply with 1195 this or any subsequent order, the department and community-based 1196 provider may be held in contempt. 1197 4. A young adult who left care at or after reaching his or 1198 her 18th birthday, but before reaching age 21, may be 1199 automatically readmitted to the program by applying to the 1200 community-based care provider. The community-based care provider 1201 shall readmit the young adult if he or she is engaged in the 1202 programs or activities described in this paragraph. Any 1203 additional readmissions require that the young adult petition 1204 the court to resume jurisdiction. The department and community 1205 based provider shall update the case plan within 30 days after 1206 the young adult comes back into the Foundations First Program. 1207 (b) Benefits and requirements.— 1208 1. A stipend shall be available to a young adult who is 1209 considered a full-time student or its equivalent by the 1210 educational institution in which he or she is enrolled, unless 1211 that young adult has a recognized disability preventing full 1212 time attendance. The amount of the award, whether it is being 1213 used by a young adult working toward completion of a high school 1214 diploma or its equivalent or working toward completion of a 1215 postsecondary education program, shall be determined based on an 1216 assessment of the funding needs of the young adult. This 1217 assessment must consider the young adult’s living and 1218 educational costs based on the actual cost of attendance, and 1219 other grants, scholarships, waivers, earnings, or other income 1220 to be received by the young adult. An award shall be available 1221 only to the extent that other grants and scholarships are not 1222 sufficient to meet the living and educational needs of the young 1223 adult. 1224 2. The young adult must reside in a semi-supervised living 1225 arrangement. For the purposes of this requirement, a “semi 1226 supervised living arrangement” includes foster homes, college 1227 dormitories, shared housing, semi-supervised apartments, 1228 supervised apartments, or another housing arrangement approved 1229 by the provider and acceptable to the young adult. 1230 3. Payment of the stipend shall be made directly on the 1231 recipient’s behalf in order to secure housing and utilities, 1232 with the balance being paid directly to the young adult. 1233 4. A young adult who so desires may continue to reside with 1234 the licensed foster family or group care provider with whom he 1235 or she was residing at the time he or she attained his or her 1236 18th birthday. The department shall pay directly to the foster 1237 parent the recipient’s costs for room and board services, with 1238 the balance paid directly to the young adult. 1239 (c) Transition plan.—For all young adults during the 180 1240 day period immediately before leaving care, before reaching 21 1241 years of age, or after leaving care on or after reaching 21 1242 years of age, the department and the community-based care 1243 provider, in collaboration with the caregiver, any other 1244 designated education advocate, or any other individual whom the 1245 young adult would like to include, shall assist and support the 1246 young adult in developing a transition plan. The transition plan 1247 must take into account all of the education and other 1248 achievements of the young adult, include specific options for 1249 the young adult for housing, health insurance, education, local 1250 opportunities for mentors and continuing support services, and 1251 workforce support and employment services, and must be reviewed 1252 by the court during the last review hearing before the child 1253 leaves care. In developing the plan, the department and 1254 community-based provider shall: 1255 1. Provide the young adult with the documentation required 1256 in s. 39.701(7); 1257 2. Coordinate with local public and private entities in 1258 designing the transition plan as appropriate; 1259 3. Coordinate the transition plan with the independent 1260 living provisions in the case plan and the Individuals with 1261 Disabilities Education Act transition plan for a young adult 1262 with disabilities; and 1263 4. Create a clear and developmentally appropriate notice 1264 specifying the rights of a young adult who is leaving care. The 1265 notice must include information about what services the young 1266 adult may be eligible for and how such services may be obtained. 1267 The plan must clearly identify the young adult’s goals and the 1268 work that will be required to achieve those goals. 1269 (d) Periodic reviews for young adults.— 1270 1. For any young adult who continues to remain in care on 1271 or after reaching 18 years of age, the department and community 1272 based provider shall implement a case review system that 1273 requires: 1274 a. A judicial review at least once a year; 1275 b. The court to maintain oversight to ensure that the 1276 department is coordinating with the appropriate agencies, and, 1277 as otherwise permitted, maintains oversight of other agencies 1278 involved in implementing the young adult’s case plan and 1279 individual education plan; 1280 c. The department to prepare and present to the court a 1281 report, developed in collaboration with the young adult, 1282 addressing the young adult’s progress in meeting the goals in 1283 the case plan and individual education plan, and shall propose 1284 modifications as necessary to further those goals; 1285 d. The court to determine whether the department and any 1286 service provider under contract with the department is providing 1287 the appropriate services as identified in the case plan and any 1288 individual education plan. If the court decides that the young 1289 adult is entitled to additional services in order to achieve the 1290 goals enumerated in the case plan, under the department’s 1291 policies, or under a contract with a service provider, the court 1292 may order the department to take action to ensure that the young 1293 adult receives the identified services and remediation for any 1294 failure to timely provide identified services; and 1295 e. The young adult or any other party to the dependency 1296 case may request an additional hearing or review. 1297 2. In all permanency hearings or hearings regarding the 1298 transition of the young adult from care to independent living, 1299 the court shall consult, in an age-appropriate manner, with the 1300 young adult regarding the proposed permanency, case plan, and 1301 individual education plan for the young adult. 1302 3. For any young adult who continues to remain in care on 1303 or after reaching 18 years of age, the community-based care 1304 provider shall provide regular case management reviews that must 1305 include at least monthly contact with the case manager. 1306 (e) Early entry into Foundations First.—A child who has 1307 reached 16 years of age but is not yet 18 years of age is 1308 eligible for early entry into the program, if he or she meets 1309 the eligibility requirements, as determined by the case manager 1310 and the department, using procedures and assessments established 1311 by rule. 1312 (2) THE COLLEGE BOUND PROGRAM.— 1313 (a) Purpose.—This program is designed for young adults who 1314 are 18 years of age but are not yet 23 years of age, have 1315 graduated from high school, have been accepted into a college, a 1316 Florida College System institution, or a vocational school, and 1317 need minimal support from the state other than the financial 1318 resources to attend college. 1319 (b) Eligibility; termination; and reentry.— 1320 1. A young adult who has earned a standard high school 1321 diploma or its equivalent as described in s. 1003.43 or s. 1322 1003.435, has earned a special diploma or special certificate of 1323 completion as described in s. 1003.438, or has been admitted for 1324 full-time enrollment in an eligible postsecondary educational 1325 institution as defined in s. 1009.533, and is 18 years of age 1326 but is not yet 23 years of age is eligible for the College Bound 1327 Program if he or she: 1328 a. Was living in care on his or her 18th birthday or is 1329 currently living in care, or, after reaching 16 years of age, 1330 was adopted from care or placed with a court-approved dependency 1331 guardian and has spent a minimum of 6 months in care within the 1332 12 months immediately preceding such placement or adoption; and 1333 b. Spent at least 6 months in care before reaching his or 1334 her 18th birthday. 1335 2. A young adult with a disability may attend school part 1336 time and be eligible for this program. 1337 3. A stipend is available to a young adult who is 1338 considered a full-time student or its equivalent by the 1339 educational institution in which he or she is enrolled, unless 1340 that young adult has a recognized disability preventing full 1341 time attendance. The amount of the award shall be determined 1342 based on an assessment of the funding needs of the young adult. 1343 This assessment must consider the young adult’s living and 1344 educational costs based on the actual cost of attendance, and 1345 other grants, scholarships, waivers, earnings, or other income 1346 to be received by the young adult. An award is available only to 1347 the extent that other grants and scholarships are not sufficient 1348 to meet the living and educational needs of the young adult. 1349 4. An eligible young adult may receive a stipend for the 1350 subsequent academic years if, for each subsequent academic year, 1351 the young adult meets the standards by which the approved 1352 institution measures a student’s satisfactory academic progress 1353 toward completion of a program of study for the purposes of 1354 determining eligibility for federal financial aid under the 1355 Higher Education Act. Any young adult who is placed on academic 1356 probation may continue to receive a stipend for one additional 1357 semester if the approved institution allows the student to 1358 continue in school. If the student fails to make satisfactory 1359 academic progress in the semester or term subsequent to the term 1360 in which he received academic probation, the stipend assistance 1361 is discontinued for the period required for the young adult to 1362 be reinstated by the college or university. Upon reinstatement, 1363 a young adult who has not yet reached 23 years of age may 1364 reapply for financial assistance. 1365 (3) EMERGENCY ASSISTANCE.— 1366 (a) Emergency assistance is available to assist young 1367 adults who were formerly in the care of the department in their 1368 efforts to continue to develop the skills and abilities 1369 necessary for independent living. Such assistance includes, but 1370 is not limited to, the following: 1371 1. Mentoring and tutoring. 1372 2. Mental health services and substance abuse counseling. 1373 3. Life skills classes, including credit management and 1374 preventive health activities. 1375 4. Parenting classes. 1376 5. Job and career skills training. 1377 6. Counselor consultations. 1378 7. Temporary financial assistance. 1379 8. Financial literacy skills training. 1380 1381 The specific services to be provided under this subparagraph 1382 shall be determined by an assessment of the young adult and may 1383 be provided by the community-based care provider or through 1384 referrals in the community. 1385 (b) Temporary assistance provided to prevent homelessness 1386 shall be provided as expeditiously as possible and within the 1387 limitations defined by the department. 1388 (c) A young adult who is 18 years of age or older but is 1389 not yet 23 years of age who leaves care but requests services 1390 before reaching 23 years of age is eligible to receive such 1391 services. 1392 (4) APPEAL PROCESS.— 1393 (a) The Department of Children and Family Services shall 1394 adopt a procedure by which a young adult may appeal an 1395 eligibility determination, the department’s failure to provide 1396 Road-to-Independence Program services, or the termination of 1397 such services, if funds for such services or stipend are 1398 available. 1399 (b) The procedure must be readily accessible to young 1400 adults, must provide for timely decisions, and must provide for 1401 an appeal to the department. The decision of the department 1402 constitutes final agency action and is reviewable by the court 1403 as provided in s. 120.68. 1404 (5) PORTABILITY.—The services provided under this section 1405 are portable across county and state lines. 1406 (a) The services provided for in the original transition 1407 plan shall be provided by the county where the young adult 1408 resides but shall be funded by the county where the transition 1409 plan was initiated. The care managers of the county of residence 1410 and the county of origination must coordinate to ensure a smooth 1411 transition for the young adult. 1412 (b) If a child in care under 18 years of age is placed in 1413 another state, the sending state is responsible for care 1414 maintenance payments, case planning, including a written 1415 description of the programs and services that will help a child 1416 16 years of age or older prepare for the transition from care to 1417 independence, and a case review system as required by federal 1418 law. The sending state has placement and care responsibility for 1419 the child. 1420 (c) If a young adult formerly in care moves to another 1421 state from the state in which he or she has left care due to 1422 age, the state shall certify that it will provide assistance and 1423 federally funded independent living services to the young adult 1424 who has left care because he or she is 18 years of age. The 1425 state in which the young adult resides is responsible for 1426 services if the state provides the services needed by the young 1427 adult. 1428 (6) ACCOUNTABILITY.— 1429 (a) The community-based care lead agencies and their 1430 contracted providers shall report the following information to 1431 the department: 1432 1. Out of the total number of young adults who remain in 1433 care upon reaching 18 years of age, the number of young adults 1434 who do not have a high school diploma or its equivalent, a 1435 special diploma, or a certificate of completion. Out of those 1436 young adults without a diploma or its equivalent, a special 1437 diploma, or a certificate of completion, the number of young 1438 adults who are receiving assistance through tutoring and other 1439 types of support. 1440 2. Out of the total number of young adults who decided to 1441 remain in care after reaching 18 years of age, a breakdown of 1442 academic and career goals and type of living arrangement. 1443 3. The same information required in subparagraphs 1. and 1444 2., specific to young adults in care with a disability. 1445 4. Out of the total number of young adults remaining in 1446 care, the number of young adults who are enrolled in an 1447 educational or vocational program and a breakdown of the types 1448 of programs. 1449 5. Out of the total number of young adults remaining in 1450 care, the number of young adults who are working and a breakdown 1451 of the types of employment held. 1452 6. Out of the total number of young adults remaining in 1453 care, the number of young adults who have a disability and a 1454 breakdown of how many young adults are in school, are training 1455 for employment, are employed, or are unable to participate in 1456 any of these activities. 1457 7. Evidence that the lead agency has established a working 1458 relationship with the Department of Economic Opportunity and the 1459 regional workforce boards within the Division of Workforce 1460 Services, the Able Trust, and other entities that provide 1461 services related to gaining employment. 1462 8. Out of the total number of young adults in care upon 1463 reaching 18 years of age, the number of young adults who are in 1464 the Road-to-Independence Program and a breakdown by the schools 1465 or other programs they are attending. 1466 9. Out of the total number of young adults who are in 1467 postsecondary institutions, a breakdown of the types and amounts 1468 of financial support received from sources other than the Road 1469 to-Independence Program. 1470 10. Out of the total number of young adults who are in 1471 postsecondary institutions, a breakdown of the types of living 1472 arrangements. 1473 (b) Each community-based care lead agency shall provide its 1474 report to the department and to the Independent Living Services 1475 Advisory Council by September 30 of each year. The department 1476 shall compile the reports from each community-based care lead 1477 agency and provide them to the Legislature by December 31 of 1478 each year, with the first report due to the Legislature on 1479 December 31, 2012. 1480 (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The 1481 secretary shall establish the Independent Living Services 1482 Advisory Council for the purpose of reviewing and making 1483 recommendations concerning the implementation and operation of 1484 the provisions of s. 39.6015 and the Road-to-Independence 1485 Program. The advisory council shall function as specified in 1486 this subsection until the Legislature determines that the 1487 advisory council can no longer provide a valuable contribution 1488 to the department’s efforts to achieve the goals of the services 1489 designed to enable a young adult to live independently. 1490 (a) Specifically, the advisory council shall assess the 1491 implementation and operation of the provisions of s. 39.6015 and 1492 the Road-to-Independence Program and advise the department on 1493 actions that would improve the ability of those Road-to 1494 Independence Program services to meet the established goals. The 1495 advisory council shall keep the department informed of problems 1496 being experienced with the services, barriers to the effective 1497 and efficient integration of services and support across 1498 systems, and successes that the system of services has achieved. 1499 The department shall consider, but is not required to implement, 1500 the recommendations of the advisory council. 1501 (b) The advisory council shall report to the secretary on 1502 the status of the implementation of the Road-To-Independence 1503 Program; efforts to publicize the availability of the Road-to 1504 Independence Program; the success of the services; problems 1505 identified; recommendations for department or legislative 1506 action; and the department’s implementation of the 1507 recommendations contained in the Independent Living Services 1508 Integration Workgroup Report submitted to the appropriate 1509 substantive committees of the Legislature by December 31, 2013. 1510 The department shall submit a report by December 31 of each year 1511 to the Governor and the Legislature which includes a summary of 1512 the factors reported on by the council and identifies the 1513 recommendations of the advisory council and either describes the 1514 department’s actions to implement the recommendations or 1515 provides the department’s rationale for not implementing the 1516 recommendations. 1517 (c) Members of the advisory council shall be appointed by 1518 the secretary of the department. The membership of the advisory 1519 council must include, at a minimum, representatives from the 1520 headquarters and district offices of the Department of Children 1521 and Family Services, community-based care lead agencies, the 1522 Department of Economic Opportunity, the Department of Education, 1523 the Agency for Health Care Administration, the State Youth 1524 Advisory Board, Workforce Florida, Inc., the Statewide Guardian 1525 Ad Litem Office, foster parents, recipients of services and 1526 funding through the Road-to-Independence Program, and advocates 1527 for children in care. The secretary shall determine the length 1528 of the term to be served by each member appointed to the 1529 advisory council, which may not exceed 4 years. 1530 (d) The department shall provide administrative support to 1531 the Independent Living Services Advisory Council to accomplish 1532 its assigned tasks. The advisory council shall be afforded 1533 access to all appropriate data from the department, each 1534 community-based care lead agency, and other relevant agencies in 1535 order to accomplish the tasks set forth in this section. The 1536 data collected may not include any information that would 1537 identify a specific child or young adult. 1538 (e) The advisory council report required under paragraph 1539 (b), shall include an analysis of the system of independent 1540 living transition services for young adults who reach 18 years 1541 of age while in care prior to completing high school or its 1542 equivalent and recommendations for department or legislative 1543 action. The council shall assess and report on the most 1544 effective method of assisting these young adults to complete 1545 high school or its equivalent by examining the practices of 1546 other states. 1547 (8) PERSONAL PROPERTY.—Property acquired on behalf of a 1548 young adult of this program shall become the personal property 1549 of the young adult and is not subject to the requirements of 1550 chapter 273 relating to state-owned tangible personal property. 1551 Such property continues to be subject to applicable federal 1552 laws. 1553 (9) MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN CARE. 1554 The department shall enroll in the Florida Kidcare program, 1555 outside the open enrollment period, each young adult who is 1556 eligible as described in paragraph (1)(a) and who has not yet 1557 reached his or her 19th birthday. 1558 (a) A young adult who was formerly in care at the time of 1559 his or her 18th birthday and who is 18 years of age but not yet 1560 19 years of age, shall pay the premium for the Florida Kidcare 1561 program as required in s. 409.814. 1562 (b) A young adult who has health insurance coverage from a 1563 third party through his or her employer or who is eligible for 1564 Medicaid is not eligible for enrollment in a Title XXI funded 1565 KidCare program under this subsection. 1566 (10) RULEMAKING.—The department shall adopt rules to 1567 administer this section. The rules shall provide the procedures 1568 and requirements necessary to administer the Road-to 1569 Independence Program. In developing the rules, the department 1570 shall consider that the program is for young adults who remain 1571 in care for an extended period of time or who are planning to 1572 attain postsecondary education and accommodate a young adult’s 1573 busy life and schedule. The rules shall make the program easy 1574 for a qualified young adult to access and facilitate and 1575 encourage his or her participation. 1576 Section 7. Subsection (4) of section 409.166, Florida 1577 Statutes, is amended to read: 1578 409.166 Children within the child welfare system; adoption 1579 assistance program.— 1580 (4) ADOPTION ASSISTANCE.— 1581 (a) A maintenance subsidy shall be granted only when all 1582 other resources available to a child have been thoroughly 1583 explored and it can be clearly established that this is the most 1584 acceptable plan for providing permanent placement for the child. 1585 The maintenance subsidy may not be used as a substitute for 1586 adoptive parent recruitment or as an inducement to adopt a child 1587 who might be placed without providing a subsidy. However, it 1588 shall be the policy of the department that no child be denied 1589 adoption if providing a maintenance subsidy would make adoption 1590 possible. The best interest of the child shall be the deciding 1591 factor in every case. This section does not prohibit foster 1592 parents from applying to adopt a child placed in their care. 1593 Foster parents or relative caregivers must be asked if they 1594 would adopt without a maintenance subsidy. 1595 (b) The department shall provide adoption assistance to the 1596 adoptive parents, subject to specific appropriation, in the 1597 amount of $5,000 annually, paid on a monthly basis, for the 1598 support and maintenance of a child until the 18th birthday of 1599 such child or in an amount other than $5,000 annually as 1600 determined by the adoptive parents and the department and 1601 memorialized in a written agreement between the adoptive parents 1602 and the department. The agreement shall take into consideration 1603 the circumstances of the adoptive parents and the needs of the 1604 child being adopted. The amount of subsidy may be adjusted based 1605 upon changes in the needs of the child or circumstances of the 1606 adoptive parents. Changes shall not be made without the 1607 concurrence of the adoptive parents. However, in no case shall 1608 the amount of the monthly payment exceed the foster care 1609 maintenance payment that would have been paid during the same 1610 period if the child had been in a foster family home. 1611 (c) The department may continue to provide adoption 1612 assistance to the adoptive parents on behalf of a young adult 1613 who has reached 18 years of age but is not yet 21 years of age 1614 if the adoptive parents entered into an adoption assistance 1615 agreement after the child reached 16 years of age and if the 1616 young adult is: 1617 1. Completing secondary education or a program leading to 1618 an equivalent credential, 1619 2. Enrolled in an institution which provides postsecondary 1620 or vocational education, or 1621 3. Participating in a program or activity designated to 1622 promote, or eliminate barriers to employment; or 1623 4. Employed for at least 80 hours per month; or 1624 5. Unable to participate in these programs or activities 1625 full time due to a physical, intellectual, emotional, or 1626 psychiatric condition that limits participation. Any such 1627 restriction to participation must be supported by information in 1628 the young adult’s case file or school or medical records of a 1629 physical, intellectual, or psychiatric condition that impairs 1630 the young adult’s ability to perform one or more life 1631 activities. 1632 (d)(c)The department may provide adoption assistance to 1633 the adoptive parents, subject to specific appropriation, for 1634 medical assistance initiated after the adoption of the child for 1635 medical, surgical, hospital, and related services needed as a 1636 result of a physical or mental condition of the child which 1637 existed before the adoption and is not covered by Medicaid, 1638 Children’s Medical Services, or Children’s Mental Health 1639 Services. Such assistance may be initiated at any time but shall 1640 terminate on or before the child’s 18th birthday. 1641 Section 8. Subsection (4) of section 409.903, Florida 1642 Statutes, is amended to read: 1643 409.903 Mandatory payments for eligible persons.—The agency 1644 shall make payments for medical assistance and related services 1645 on behalf of the following persons who the department, or the 1646 Social Security Administration by contract with the Department 1647 of Children and Family Services, determines to be eligible, 1648 subject to the income, assets, and categorical eligibility tests 1649 set forth in federal and state law. Payment on behalf of these 1650 Medicaid eligible persons is subject to the availability of 1651 moneys and any limitations established by the General 1652 Appropriations Act or chapter 216. 1653 (4) A child who is eligible under Title IV-E of the Social 1654 Security Act for subsidized board payments, foster care, or 1655 adoption subsidies, and a child for whom the state has assumed 1656 temporary or permanent responsibility and who does not qualify 1657 for Title IV-E assistance but is in foster care, shelter or 1658 emergency shelter care, or subsidized adoption. This category 1659 includes a young adult who is eligible to receive services under 1660 s. 409.1451(5), until the young adult reaches 21 years of age, 1661 without regard to any income, resource, or categorical 1662 eligibility test that is otherwise required. This category also 1663 includes a person who as a child was eligible under Title IV-E 1664 of the Social Security Act for foster care or the state-provided 1665 foster care and who is a participant in the Road-to-Independence 1666 Program. 1667 Section 9. The Department of Children and Family Services 1668 shall format the case plan and the judicial review social 1669 service report consistent with the provisions of ss. 39.6015 and 1670 409.1451, Florida Statutes. 1671 Section 10. Effective October 1, 2012, a child or young 1672 adult who is a participant in the Road-to-Independence Program 1673 may continue in the program as it exists through December 31, 1674 2012. Effective January 1, 2013, a child or young adult who is a 1675 participant in the program shall transfer to the program 1676 services provided in this act and his or her monthly stipend may 1677 not be reduced, the method of payment of the monthly stipend may 1678 not be changed, and the young adult may not be required to 1679 change his or her living arrangement. These conditions shall 1680 remain in effect for a child or young adult until he or she 1681 ceases to meet the eligibility requirements under which he or 1682 she entered the Road-to-Independence Program. A child or young 1683 adult applying or reapplying for the Road-to-Independence 1684 Program on or after October 1, 2012, may apply for program 1685 services only as provided in this act. 1686 Section 11. This act shall take effect July 1, 2012.