Bill Text: FL S1650 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child Welfare
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2019-04-29 - Laid on Table, companion bill(s) passed, see CS/HB 7099 (Ch. 2019-142), SB 2502 (Ch. 2019-116) [S1650 Detail]
Download: Florida-2019-S1650-Comm_Sub.html
Bill Title: Child Welfare
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2019-04-29 - Laid on Table, companion bill(s) passed, see CS/HB 7099 (Ch. 2019-142), SB 2502 (Ch. 2019-116) [S1650 Detail]
Download: Florida-2019-S1650-Comm_Sub.html
Florida Senate - 2019 CS for SB 1650 By the Committee on Health Policy; and Senator Albritton 588-03477-19 20191650c1 1 A bill to be entitled 2 An act relating to child welfare; amending ss. 39.01 3 and 39.4015, F.S.; revising definitions; amending s. 4 39.402, F.S.; requiring that the order for placement 5 of a child in shelter care contain a written finding 6 specifying that the Department of Children and 7 Families has placement and care responsibility for 8 certain children; amending s. 39.407, F.S.; 9 authorizing certain advanced practice registered 10 nurses to prescribe psychotropic medications to 11 certain children; revising the time period within 12 which a court must review a child’s residential 13 treatment plan; amending s. 39.5085, F.S.; revising 14 eligibility for the Relative Caregiver Program; 15 amending s. 39.5086, F.S.; deleting the term “fictive 16 kin”; amending s. 39.6225, F.S.; providing for the 17 termination of guardianship assistance benefits under 18 certain circumstances; conforming provisions to 19 changes made by the act; amending s. 39.6251, F.S.; 20 requiring a young adult in extended foster care to 21 provide certain documentation or authorize release of 22 certain records; revising permanency goals for young 23 adults in extended foster care; requiring execution of 24 a voluntary placement agreement under certain 25 circumstances; requiring the department to adopt 26 rules; amending s. 39.701, F.S.; revising when a court 27 must return a child to the custody of his or her 28 parents after making certain determinations; requiring 29 the court to enter certain orders if a young adult 30 enters extended foster care; amending s. 409.1451, 31 F.S.; authorizing certain financial awards to be 32 disregarded when a young adult is applying for other 33 federal assistance; amending s. 409.175, F.S.; 34 revising definitions; revising provisions related to 35 the licensure of family foster homes and certain 36 child-caring and child-placing agencies; deleting 37 required numbers of training hours for foster parents; 38 amending s. 409.903, F.S.; revising eligibility for 39 Medicaid coverage; amending s. 409.991, F.S.; revising 40 a definition; amending s. 414.045, F.S.; revising 41 eligibility for child-only funding; amending s. 42 1009.25, F.S.; revising eligibility for tuition fee 43 exemptions; providing an effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. Subsection (37) of section 39.01, Florida 48 Statutes, is amended to read: 49 39.01 Definitions.—When used in this chapter, unless the 50 context otherwise requires: 51 (37) “Institutional child abuse or neglect” means 52 situations of known or suspected child abuse or neglect in which 53 the person allegedly perpetrating the child abuse or neglect is 54 an employee of a public or private school, public or private day 55 care center, residential home, institution, facility, or agency 56 or any other person at such institution responsible for the 57 child’s care as defined in this sectionsubsection (54). 58 Section 2. Paragraph (d) of subsection (2) of section 59 39.4015, Florida Statutes, is amended to read: 60 39.4015 Family finding.— 61 (2) DEFINITIONS.—As used in this section, the term: 62(d)“Fictive kin” means an individual who is unrelated to63the child by either birth or marriage, but has such a close64emotional relationship with the child that he or she may be65considered part of the family.66 Section 3. Paragraph (h) of subsection (8) of section 67 39.402, Florida Statutes, is amended to read: 68 39.402 Placement in a shelter.— 69 (8) 70 (h) The order for placement of a child in shelter care must 71 identify the parties present at the hearing and must contain 72 written findings: 73 1. That placement in shelter care is necessary based on the 74 criteria in subsections (1) and (2). 75 2. That placement in shelter care is in the best interest 76 of the child. 77 3. That continuation of the child in the home is contrary 78 to the welfare of the child because the home situation presents 79 a substantial and immediate danger to the child’s physical, 80 mental, or emotional health or safety which cannot be mitigated 81 by the provision of preventive services. 82 4. That based upon the allegations of the petition for 83 placement in shelter care, there is probable cause to believe 84 that the child is dependent or that the court needs additional 85 time, which may not exceed 72 hours, in which to obtain and 86 review documents pertaining to the family in order to 87 appropriately determine the risk to the child. 88 5. That the department has made reasonable efforts to 89 prevent or eliminate the need for removal of the child from the 90 home. A finding of reasonable effort by the department to 91 prevent or eliminate the need for removal may be made and the 92 department is deemed to have made reasonable efforts to prevent 93 or eliminate the need for removal if: 94 a. The first contact of the department with the family 95 occurs during an emergency; 96 b. The appraisal of the home situation by the department 97 indicates that the home situation presents a substantial and 98 immediate danger to the child’s physical, mental, or emotional 99 health or safety which cannot be mitigated by the provision of 100 preventive services; 101 c. The child cannot safely remain at home, either because 102 there are no preventive services that can ensure the health and 103 safety of the child or because, even with appropriate and 104 available services being provided, the health and safety of the 105 child cannot be ensured; or 106 d. The parent or legal custodian is alleged to have 107 committed any of the acts listed as grounds for expedited 108 termination of parental rights in s. 39.806(1)(f)-(i). 109 6. That the department has made reasonable efforts to keep 110 siblings together if they are removed and placed in out-of-home 111 care unless such placement is not in the best interest of each 112 child. It is preferred that siblings be kept together in a 113 foster home, if available. Other reasonable efforts shall 114 include short-term placement in a group home with the ability to 115 accommodate sibling groups if such a placement is available. The 116 department shall report to the court its efforts to place 117 siblings together unless the court finds that such placement is 118 not in the best interest of a child or his or her sibling. 119 7. That the court notified the parents, relatives that are 120 providing out-of-home care for the child, or legal custodians of 121 the time, date, and location of the next dependency hearing and 122 of the importance of the active participation of the parents, 123 relatives that are providing out-of-home care for the child, or 124 legal custodians in all proceedings and hearings. 125 8. That the court notified the parents or legal custodians 126 of their right to counsel to represent them at the shelter 127 hearing and at each subsequent hearing or proceeding, and the 128 right of the parents to appointed counsel, pursuant to the 129 procedures set forth in s. 39.013. 130 9. That the court notified relatives who are providing out 131 of-home care for a child as a result of the shelter petition 132 being granted that they have the right to attend all subsequent 133 hearings, to submit reports to the court, and to speak to the 134 court regarding the child, if they so desire. 135 10. That the department has placement and care 136 responsibility for any child who is not placed in the care of a 137 parent at the conclusion of the shelter hearing. 138 Section 4. Subsection (3) and paragraphs (g), (h), and (i) 139 of subsection (6) of section 39.407, Florida Statutes, are 140 amended to read: 141 39.407 Medical, psychiatric, and psychological examination 142 and treatment of child; physical, mental, or substance abuse 143 examination of person with or requesting child custody.— 144 (3)(a)1. Except as otherwise provided in subparagraph (b)1. 145 or paragraph (e), before the department provides psychotropic 146 medications to a child in its custody, the prescribing physician 147 or the advanced practice registered nurse whose specialty is 148 psychiatric nursing, as defined in chapter 394, and who is given 149 prescribing authority pursuant to chapter 464 shall attempt to 150 obtain express and informed consent, as defined in s. 151 394.455(15) and as described in s. 394.459(3)(a), from the 152 child’s parent or legal guardian. The department must take steps 153 necessary to facilitate the inclusion of the parent in the 154 child’s consultation with the physician or advanced practice 155 registered nurse. However, if the parental rights of the parent 156 have been terminated, the parent’s location or identity is 157 unknown or cannot reasonably be ascertained, or the parent 158 declines to give express and informed consent, the department 159 may, after consultation with the prescribing physician or 160 advanced practice registered nurse, seek court authorization to 161 provide the psychotropic medications to the child. Unless 162 parental rights have been terminated and if it is possible to do 163 so, the department shall continue to involve the parent in the 164 decisionmaking process regarding the provision of psychotropic 165 medications. If, at any time, a parent whose parental rights 166 have not been terminated provides express and informed consent 167 to the provision of a psychotropic medication, the requirements 168 of this section that the department seek court authorization do 169 not apply to that medication until such time as the parent no 170 longer consents. 171 2. Any time the department seeks a medical evaluation to 172 determine the need to initiate or continue a psychotropic 173 medication for a child, the department must provide to the 174 evaluating physician or advanced practice registered nurse all 175 pertinent medical information known to the department concerning 176 that child. 177 (b)1. If a child who is removed from the home under s. 178 39.401 is receiving prescribed psychotropic medication at the 179 time of removal and parental authorization to continue providing 180 the medication cannot be obtained, the department may take 181 possession of the remaining medication and may continue to 182 provide the medication as prescribed until the shelter hearing, 183 if it is determined that the medication is a current 184 prescription for that child and the medication is in its 185 original container. 186 2. If the department continues to provide the psychotropic 187 medication to a child when parental authorization cannot be 188 obtained, the department shall notify the parent or legal 189 guardian as soon as possible that the medication is being 190 provided to the child as provided in subparagraph 1. The child’s 191 official departmental record must include the reason parental 192 authorization was not initially obtained and an explanation of 193 why the medication is necessary for the child’s well-being. 194 3. If the department is advised by a physician licensed 195 under chapter 458 or chapter 459 or an advanced practice 196 registered nurse whose specialty is psychiatric nursing, as 197 defined in chapter 394, and who is given prescribing authority 198 pursuant to chapter 464 that the child should continue the 199 psychotropic medication and parental authorization has not been 200 obtained, the department shall request court authorization at 201 the shelter hearing to continue to provide the psychotropic 202 medication and shall provide to the court any information in its 203 possession in support of the request. Any authorization granted 204 at the shelter hearing may extend only until the arraignment 205 hearing on the petition for adjudication of dependency or 28 206 days following the date of removal, whichever occurs sooner. 207 4. Before filing the dependency petition, the department 208 shall ensure that the child is evaluated by a physician licensed 209 under chapter 458 or chapter 459 or an advanced practice 210 registered nurse whose specialty is psychiatric nursing, as 211 defined in chapter 394, and who is given prescribing authority 212 pursuant to chapter 464 to determine whether it is appropriate 213 to continue the psychotropic medication. If, as a result of the 214 evaluation, the department seeks court authorization to continue 215 the psychotropic medication, a motion for such continued 216 authorization shall be filed at the same time as the dependency 217 petition, within 21 days after the shelter hearing. 218 (c) Except as provided in paragraphs (b) and (e), the 219 department must file a motion seeking the court’s authorization 220 to initially provide or continue to provide psychotropic 221 medication to a child in its legal custody. The motion must be 222 supported by a written report prepared by the department which 223 describes the efforts made to enable the prescribing physician 224 or advanced practice registered nurse whose specialty is 225 psychiatric nursing, as defined in chapter 394, and who is given 226 prescribing authority pursuant to chapter 464 to obtain express 227 and informed consent for providing the medication to the child 228 and other treatments considered or recommended for the child. In 229 addition, the motion must be supported by the prescribing 230 physician’s or advanced practice registered nurse’s signed 231 medical report providing: 232 1. The name of the child, the name and range of the dosage 233 of the psychotropic medication, and that there is a need to 234 prescribe psychotropic medication to the child based upon a 235 diagnosed condition for which such medication is being 236 prescribed. 237 2. A statement indicating that the physician has reviewed 238 all medical information concerning the child which has been 239 provided. 240 3. A statement indicating that the psychotropic medication, 241 at its prescribed dosage, is appropriate for treating the 242 child’s diagnosed medical condition, as well as the behaviors 243 and symptoms the medication, at its prescribed dosage, is 244 expected to address. 245 4. An explanation of the nature and purpose of the 246 treatment; the recognized side effects, risks, and 247 contraindications of the medication; drug-interaction 248 precautions; the possible effects of stopping the medication; 249 and how the treatment will be monitored, followed by a statement 250 indicating that this explanation was provided to the child if 251 age appropriate and to the child’s caregiver. 252 5. Documentation addressing whether the psychotropic 253 medication will replace or supplement any other currently 254 prescribed medications or treatments; the length of time the 255 child is expected to be taking the medication; and any 256 additional medical, mental health, behavioral, counseling, or 257 other services that the prescribing physician or advanced 258 practice registered nurse recommends. 259 (d)1. The department must notify all parties of the 260 proposed action taken under paragraph (c) in writing or by 261 whatever other method best ensures that all parties receive 262 notification of the proposed action within 48 hours after the 263 motion is filed. If any party objects to the department’s 264 motion, that party shall file the objection within 2 working 265 days after being notified of the department’s motion. If any 266 party files an objection to the authorization of the proposed 267 psychotropic medication, the court shall hold a hearing as soon 268 as possible before authorizing the department to initially 269 provide or to continue providing psychotropic medication to a 270 child in the legal custody of the department. At such hearing 271 and notwithstanding s. 90.803, the medical report described in 272 paragraph (c) is admissible in evidence. The prescribing 273 physician or advanced practice registered nurse whose specialty 274 is psychiatric nursing, as defined in chapter 394, and who is 275 given prescribing authority pursuant to chapter 464 need not 276 attend the hearing or testify unless the court specifically 277 orders such attendance or testimony, or a party subpoenas the 278 physician or advanced practice registered nurse to attend the 279 hearing or provide testimony. If, after considering any 280 testimony received, the court finds that the department’s motion 281 and the physician’s or advanced practice registered nurse’s 282 medical report meet the requirements of this subsection and that 283 it is in the child’s best interests, the court may order that 284 the department provide or continue to provide the psychotropic 285 medication to the child without additional testimony or 286 evidence. At any hearing held under this paragraph, the court 287 shall further inquire of the department as to whether additional 288 medical, mental health, behavioral, counseling, or other 289 services are being provided to the child by the department which 290 the prescribing physician or advanced practice registered nurse 291 considers to be necessary or beneficial in treating the child’s 292 medical condition and which the physician or advanced practice 293 registered nurse recommends or expects to provide to the child 294 in concert with the medication. The court may order additional 295 medical consultation, including consultation with the MedConsult 296 line at the University of Florida, if available, or require the 297 department to obtain a second opinion within a reasonable 298 timeframe as established by the court, not to exceed 21 calendar 299 days, after such order based upon consideration of the best 300 interests of the child. The department must make a referral for 301 an appointment for a second opinion with a physician within 1 302 working day. The court may not order the discontinuation of 303 prescribed psychotropic medication if such order is contrary to 304 the decision of the prescribing physician or advanced practice 305 registered nurse unless the court first obtains an opinion from 306 a licensed psychiatrist, if available, or, if not available, a 307 physician licensed under chapter 458 or chapter 459, stating 308 that more likely than not, discontinuing the medication would 309 not cause significant harm to the child. If, however, the 310 prescribing psychiatrist specializes in mental health care for 311 children and adolescents, the court may not order the 312 discontinuation of prescribed psychotropic medication unless the 313 required opinion is also from a psychiatrist who specializes in 314 mental health care for children and adolescents. The court may 315 also order the discontinuation of prescribed psychotropic 316 medication if a child’s treating physician, licensed under 317 chapter 458 or chapter 459, states that continuing the 318 prescribed psychotropic medication would cause significant harm 319 to the child due to a diagnosed nonpsychiatric medical 320 condition. 321 2. The burden of proof at any hearing held under this 322 paragraph shall be by a preponderance of the evidence. 323 (e)1. If the child’s prescribing physician or advanced 324 practice registered nurse whose specialty is psychiatric 325 nursing, as defined in chapter 394, and who is given prescribing 326 authority pursuant to chapter 464 certifies in the signed 327 medical report required in paragraph (c) that delay in providing 328 a prescribed psychotropic medication would more likely than not 329 cause significant harm to the child, the medication may be 330 provided in advance of the issuance of a court order. In such 331 event, the medical report must provide the specific reasons why 332 the child may experience significant harm and the nature and the 333 extent of the potential harm. The department must submit a 334 motion seeking continuation of the medication and the 335 physician’s medical report to the court, the child’s guardian ad 336 litem, and all other parties within 3 working days after the 337 department commences providing the medication to the child. The 338 department shall seek the order at the next regularly scheduled 339 court hearing required under this chapter, or within 30 days 340 after the date of the prescription, whichever occurs sooner. If 341 any party objects to the department’s motion, the court shall 342 hold a hearing within 7 days. 343 2. Psychotropic medications may be administered in advance 344 of a court order in hospitals, crisis stabilization units, and 345 in statewide inpatient psychiatric programs. Within 3 working 346 days after the medication is begun, the department must seek 347 court authorization as described in paragraph (c). 348 (f)1. The department shall fully inform the court of the 349 child’s medical and behavioral status as part of the social 350 services report prepared for each judicial review hearing held 351 for a child for whom psychotropic medication has been prescribed 352 or provided under this subsection. As a part of the information 353 provided to the court, the department shall furnish copies of 354 all pertinent medical records concerning the child which have 355 been generated since the previous hearing. On its own motion or 356 on good cause shown by any party, including any guardian ad 357 litem, attorney, or attorney ad litem who has been appointed to 358 represent the child or the child’s interests, the court may 359 review the status more frequently than required in this 360 subsection. 361 2. The court may, in the best interests of the child, order 362 the department to obtain a medical opinion addressing whether 363 the continued use of the medication under the circumstances is 364 safe and medically appropriate. 365 (g) The department shall adopt rules to ensure that 366 children receive timely access to clinically appropriate 367 psychotropic medications. These rules must include, but need not 368 be limited to, the process for determining which adjunctive 369 services are needed, the uniform process for facilitating the 370 prescribing physician’s or advanced practice registered nurse’s 371 ability to obtain the express and informed consent of a child’s 372 parent or guardian, the procedures for obtaining court 373 authorization for the provision of a psychotropic medication, 374 the frequency of medical monitoring and reporting on the status 375 of the child to the court, how the child’s parents will be 376 involved in the treatment-planning process if their parental 377 rights have not been terminated, and how caretakers are to be 378 provided information contained in the physician’s or advanced 379 practice registered nurse’s signed medical report. The rules 380 must also include uniform forms to be used in requesting court 381 authorization for the use of a psychotropic medication and 382 provide for the integration of each child’s treatment plan and 383 case plan. The department must begin the formal rulemaking 384 process within 90 days after the effective date of this act. 385 (6) Children who are in the legal custody of the department 386 may be placed by the department, without prior approval of the 387 court, in a residential treatment center licensed under s. 388 394.875 or a hospital licensed under chapter 395 for residential 389 mental health treatment only pursuant to this section or may be 390 placed by the court in accordance with an order of involuntary 391 examination or involuntary placement entered pursuant to s. 392 394.463 or s. 394.467. All children placed in a residential 393 treatment program under this subsection must have a guardian ad 394 litem appointed. 395 (g)1. The department must submit, at the beginning of each 396 month, to the court having jurisdiction over the child, a 397 written report regarding the child’s progress toward achieving 398 the goals specified in the individualized plan of treatment. 399 2. The court must conduct a hearing to review the status of 400 the child’s residential treatment plan no later than 60 days3401monthsafter the child’s admission to the residential treatment 402 program. An independent review of the child’s progress toward 403 achieving the goals and objectives of the treatment plan must be 404 completed by a qualified evaluator and submitted to the court 405 before its 60-day3-monthreview. 406 3. For any child in residential treatment at the time a 407 judicial review is held pursuant to s. 39.701, the child’s 408 continued placement in residential treatment must be a subject 409 of the judicial review. 410 4. If at any time the court determines that the child is 411 not suitable for continued residential treatment, the court 412 shall order the department to place the child in the least 413 restrictive setting that is best suited to meet his or her 414 needs. 415 (h) After the initial 60-day3-monthreview, the court must 416 conduct a review of the child’s residential treatment plan every 417 90 days. 418 (i) The department must adopt rules for implementing 419 timeframes for the completion of suitability assessments by 420 qualified evaluators and a procedure that includes timeframes 421 for completing the 60-day3-monthindependent review by the 422 qualified evaluators of the child’s progress toward achieving 423 the goals and objectives of the treatment plan which review must 424 be submitted to the court. The Agency for Health Care 425 Administration must adopt rules for the registration of 426 qualified evaluators, the procedure for selecting the evaluators 427 to conduct the reviews required under this section, and a 428 reasonable, cost-efficient fee schedule for qualified 429 evaluators. 430 Section 5. Present paragraphs (a) through (h) of subsection 431 (2) of section 39.5085, Florida Statutes, are redesignated as 432 paragraphs (b) through (i), respectively, paragraph (a) of 433 subsection (1) is amended, and a new paragraph (a) is added to 434 subsection (2) of that section, to read: 435 39.5085 Relative Caregiver Program.— 436 (1) It is the intent of the Legislature in enacting this 437 section to: 438 (a) Provide for the establishment of procedures and 439 protocols that serve to advance the continued safety of children 440 by acknowledging the valued resource uniquely available through 441 grandparents, relatives of children, and specified nonrelatives 442 of children pursuant to subparagraph (2)(b)3.(2)(a)3.443 (2) 444 (a) Relatives or nonrelatives who are caring for a child 445 and do not meet the eligibility requirements for Level I 446 licensure under s. 409.175 may apply for the Relative Caregiver 447 Program. 448 Section 6. Paragraph (a) of subsection (1) of section 449 39.5086, Florida Statutes, is amended to read: 450 39.5086 Kinship navigator programs.— 451 (1) DEFINITIONS.—As used in this section, the term: 452(a)“Fictive kin” has the same meaning as provided in s.45339.4015(2)(d).454 Section 7. Subsections (6) and (10) of section 39.6225, 455 Florida Statutes, are amended to read: 456 39.6225 Guardianship Assistance Program.— 457 (6) Guardianship assistance benefits shall be terminated if 458 the guardian is no longer providing support to the child. For 459 purposes of this subsection, a guardian is considered to no 460 longer be providing support to the child if: 461 (a) The child is absent from the home of the guardian for a 462 period of at least 60 consecutive calendar days, unless the 463 child: 464 1. Is absent due to medical care, school attendance, 465 runaway status, or detention in a Department of Juvenile Justice 466 facility; and 467 2. Continues to be under the care and custody of the 468 guardian. 469 (b) The court modifies the placement of the child and the 470 guardian is no longer eligible to receive guardianship 471 assistance benefits. 472 (10) The case plan must describe the following for each 473 child with a permanency goal of permanent guardianship in which 474 the guardian is pursuingin receipt ofguardianship assistance 475payments: 476 (a) The manner in which the child meets program eligibility 477 requirements. 478 (b) The manner in which the department determined that 479 reunification or adoption is not appropriate. 480 (c) Efforts to discuss adoption with the child’s permanent 481 guardian. 482 (d) Efforts to discuss guardianship assistance with the 483 child’s parent or the reasons why efforts were not made. 484 (e) The reasons why a permanent placement with the 485 prospective guardian is in the best interest of the child. 486 (f) The reasons why the child is separated from his or her 487 siblings during placement, if applicable. 488 (g) Efforts to consult the child, if the child is 14 years 489 of age or older, regarding the permanent guardianship 490 arrangement. 491 Section 8. Subsections (2) and (3), paragraph (a) of 492 subsection (4), and subsection (6) of section 39.6251, Florida 493 Statutes, are amended, and subsection (10) is added to that 494 section, to read: 495 39.6251 Continuing care for young adults.— 496 (2) The primary goal for a child in care is permanency. A 497 child who is living in licensed care on his or her 18th birthday 498 and who has not achieved permanency under s. 39.621 is eligible 499 to remain in licensed care under the jurisdiction of the court 500 and in the care of the department. A child is eligible to remain 501 in licensed care if he or she is: 502 (a) Completing secondary education or a program leading to 503 an equivalent credential; 504 (b) Enrolled in an institution that provides postsecondary 505 or vocational education; 506 (c) Participating in a program or activity designed to 507 promote or eliminate barriers to employment; 508 (d) Employed for at least 80 hours per month; or 509 (e) Unable to participate in programs or activities listed 510 in paragraphs (a)-(d) full time due to a physical, intellectual, 511 emotional, or psychiatric condition that limits participation. 512 Any such barrier to participation must be supported by 513 documentation in the child’s case file or school or medical 514 records of a physical, intellectual, or psychiatric condition 515 that impairs the child’s ability to perform one or more life 516 activities. 517 518 The young adult must furnish documentation to the department or 519 lead agency of his or her participation in one of the programs 520 or activities listed in paragraphs (a)-(d), or his or her 521 inability to participate in one of the programs or activities as 522 provided in paragraph (e), or authorize the release of his or 523 her records to the department or lead agency. 524 (3) The permanency goal for a young adult who chooses to 525 remain in care past his or her 18th birthday is to transition to 526 independencefrom licensed care to independent living. 527 (4)(a) The young adult must reside in a supervised living 528 environment that is approved by the department or a community 529 based care lead agency. The young adult shall live 530 independently, but in an environment in which he or she is 531 provided supervision, case management, and supportive services 532 by the department or lead agency. Such an environment must offer 533 developmentally appropriate freedom and responsibility to 534 prepare the young adult for adulthood. For the purposes of this 535 subsection, a supervised living arrangement may include a 536 licensed foster home, licensed group home, college dormitory, 537 shared housing, apartment, or another housing arrangement if the 538 arrangement is approved by the community-based care lead agency 539 and is acceptable to the young adult, with first choice being a540licensed foster home. A young adult may continue to reside with 541 the same licensed foster family or group care provider with whom 542 he or she was residing at the time he or she reached the age of 543 18 years. 544 (6) A young adult who is between the ages of 18 and 21 and 545 who has left care may return to care by applying to the 546 community-based care lead agency for readmission through the 547 execution of a voluntary placement agreement. The community 548 based care lead agency shall readmit the young adult if he or 549 she continues to meet the eligibility requirements in this 550 section. 551 (a) The department shall develop a standard procedure and 552 application packet for readmission to care to be used by all 553 community-based care lead agencies. 554 (b) Within 30 days after the young adult has been 555 readmitted to care, the community-based care lead agency shall 556 assign a case manager to update the case plan and the transition 557 plan and to arrange for the required services. Updates to the 558 case plan and the transition plan and arrangements for the 559 required services shall be undertaken in consultation with the 560 young adult. The department shall petition the court to 561 reinstate jurisdiction over the young adult. Notwithstanding s. 562 39.013(2), the court shall resume jurisdiction over the young 563 adult if the department establishes that he or she continues to 564 meet the eligibility requirements in this section. 565 (10) The department shall adopt rules to administer this 566 section. 567 Section 9. Paragraph (d) of subsection (2) of section 568 39.701, Florida Statutes, is amended, and paragraphs (f) and (g) 569 are added to subsection (4) of that section, to read: 570 39.701 Judicial review.— 571 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 572 AGE.— 573 (d) Orders.— 574 1. Based upon the criteria set forth in paragraph (c) and 575 the recommended order of the citizen review panel, if any, the 576 court shall determine whetheror notthe social service agency 577 shall initiate proceedings to have a child declared a dependent 578 child, return the child to the parent, continue the child in 579 out-of-home care for a specified period of time, or initiate 580 termination of parental rights proceedings for subsequent 581 placement in an adoptive home. Amendments to the case plan must 582 be prepared as providedprescribedin s. 39.6013. If the court 583 finds that the prevention or reunification efforts of the 584 department will allow the child to remain safely at home or be 585 safely returned to the home, the court shall allow the child to 586 remain in or return to the home after making a specific finding 587 of fact that the reasons for the creation of the case plan have 588 been remedied to the extent that the child’s safety, well-being, 589 and physical, mental, and emotional health will not be 590 endangered. 591 2. The court shall return the child to the custody of his 592 or hertheparents at any time it determines that the 593 circumstances which caused the out-of-home placement, and issues 594 subsequently identified, have been remedied to the extent that 595 return of the child to the home with an in-home safety plan 596 prepared or approved by the departmentthat they have597substantially complied with the case plan, if the court is598satisfied that reunificationwill not be detrimental to the 599 child’s safety, well-being, and physical, mental, and emotional 600 health. 601 3. If, in the opinion of the court, the social service 602 agency has not complied with its obligations as specified in the 603 written case plan, the court may find the social service agency 604 in contempt, shall order the social service agency to submit its 605 plans for compliance with the agreement, and shall require the 606 social service agency to show why the child could not safely be 607 returned to the home of the parents. 608 4. If, at any judicial review, the court finds that the 609 parents have failed to substantially comply with the case plan 610 to the degree that further reunification efforts are without 611 merit and not in the best interest of the child, on its own 612 motion, the court may order the filing of a petition for 613 termination of parental rights, regardless of whetheror notthe 614 time period as contained in the case plan for substantial 615 compliance has expired. 616 5. Within 6 months after the date that the child was placed 617 in shelter care, the court shall conduct a judicial review 618 hearing to review the child’s permanency goal as identified in 619 the case plan. At the hearing the court shall make findings 620 regarding the likelihood of the child’s reunification with the 621 parent or legal custodian. In making such findings, the court 622 shall consider the level of the parent or legal custodian’s 623 compliance with the case plan and demonstrated change in 624 protective capacities compared to that necessary to achieve 625 timely reunification within 12 months after the removal of the 626 child from the home. The court shall also consider the 627 frequency, duration, manner, and level of engagement of the 628 parent or legal custodian’s visitation with the child in 629 compliance with the case plan. If the court makes a written 630 finding that it is not likely that the child will be reunified 631 with the parent or legal custodian within 12 months after the 632 child was removed from the home, the department must file with 633 the court, and serve on all parties, a motion to amend the case 634 plan under s. 39.6013 and declare that it will use concurrent 635 planning for the case plan. The department must file the motion 636 within 10 business days after receiving the written finding of 637 the court. The department must attach the proposed amended case 638 plan to the motion. If concurrent planning is already being 639 used, the case plan must document the efforts the department is 640 taking to complete the concurrent goal. 641 6. The court may issue a protective order in assistance, or 642 as a condition, of any other order made under this part. In 643 addition to the requirements included in the case plan, the 644 protective order may set forth requirements relating to 645 reasonable conditions of behavior to be observed for a specified 646 period of time by a person or agency who is before the court,;647 and the order may require any person or agency to make periodic 648 reports to the court containing such information as the court in 649 its discretion may prescribe. 650 7. If, at any judicial review, the court determines that 651 the child shall remain in out-of-home care in a placement other 652 than with a parent, the court shall order that the department 653 has placement and care responsibility for the child. 654 (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE.—During 655 each period of time that a young adult remains in foster care, 656 the court shall review the status of the young adult at least 657 every 6 months and must hold a permanency review hearing at 658 least annually. 659 (f) If the young adult elects to voluntarily leave extended 660 foster care for the sole purpose of ending a removal episode and 661 immediately thereafter executes a voluntary placement agreement 662 with the department to reenroll in extended foster care, the 663 court shall enter an order finding that the prior removal 664 episode has ended. Under these circumstances, the court 665 maintains jurisdiction and a petition to reinstate jurisdiction 666 as provided in s. 39.6251(6)(b) is not required. 667 (g)1. When a young adult enters extended foster care by 668 executing a voluntary placement agreement, the court shall enter 669 an order within 180 days after execution of the agreement which 670 determines whether the placement is in the best interest of the 671 young adult. For purposes of this paragraph, a placement may 672 include a licensed foster home, licensed group home, college 673 dormitory, shared housing, apartment, or another housing 674 arrangement, if the arrangement is approved by the community 675 based care lead agency and is acceptable to the young adult. 676 2. When a young adult is in extended foster care, each 677 judicial review order shall provide that the department has 678 placement and care responsibility for the young adult. 679 3. When a young adult is in extended foster care, the court 680 shall enter an order at least every 12 months that includes a 681 finding of whether the department has made reasonable efforts to 682 finalize the permanency plan currently in effect. 683 Section 10. Present subsections (9) and (10) of section 684 409.1451, Florida Statutes, are redesignated as subsections (10) 685 and (11), respectively, paragraph (b) of subsection (2) is 686 amended, and a new subsection (9) is added to that section, to 687 read: 688 409.1451 The Road-to-Independence Program.— 689 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.— 690 (b) The amount of the financial assistance shall be as 691 follows: 692 1. For a young adult who does not remain in foster care and 693 is attending a postsecondary school as provided in s. 1009.533, 694 the amount is $1,256 monthly. 695 2. For a young adult who remains in foster care, is 696 attending a postsecondary school, as provided in s. 1009.533, 697 and continues to reside in a licensed foster home, the amount is 698 the established room and board rate for foster parents. This 699 takes the place of the payment provided for in s. 409.145(4). 700 3. For a young adult who remains in foster care, but 701 temporarily resides away from a licensed foster home for 702 purposes of attending a postsecondary school as provided in s. 703 1009.533, the amount is $1,256 monthly. This takes the place of 704 the payment provided for in s. 409.145(4). 705 4. For a young adult who remains in foster care, is 706 attending a postsecondary school as provided in s. 1009.533, and 707 continues to reside in a licensed group home, the amount is 708 negotiated between the community-based care lead agency and the 709 licensed group home provider. 710 5. For a young adult who remains in foster care, but 711 temporarily resides away from a licensed group home for purposes 712 of attending a postsecondary school as provided in s. 1009.533, 713 the amount is $1,256 monthly. This takes the place of a 714 negotiated room and board rate. 7156.The amount of the award may be disregarded for purposes716of determining the eligibility for, or the amount of, any other717federal or federally supported assistance.718 6.7.A young adult is eligible to receive financial 719 assistance during the months when he or she is enrolled in a 720 postsecondary educational institution. 721 (9) FINANCIAL ASSISTANCE FOR YOUNG ADULTS RECEIVING 722 SERVICES.—Financial awards to young adults receiving services 723 under subsections (2) and (3) and s. 39.6251 may be disregarded 724 for purposes of determining the eligibility for, or the amount 725 of, any other federal or federally supported assistance. 726 Section 11. Paragraphs (e), (j), and (m) of subsection (2), 727 paragraph (b) of subsection (5), paragraph (c) of subsection 728 (6), subsection (7), paragraph (b) of subsection (9), paragraphs 729 (b) and (c) of subsection (12), and paragraphs (b) and (d) of 730 subsection (14) of section 409.175, Florida Statutes, are 731 amended to read: 732 409.175 Licensure of family foster homes, residential 733 child-caring agencies, and child-placing agencies; public 734 records exemption.— 735 (2) As used in this section, the term: 736 (e) “Family foster home” means aprivateresidence licensed 737 by the department in which children who are unattended by a 738 parent or legal guardian are provided 24-hour care. The term 739 does not include an adoptive home that has been approved by the 740 department or approved by a licensed child-placing agency for 741 children placed for adoption. 742 (j) “Personnel” means all owners, operators, employees, and 743 volunteers working in a child-placing agency, family foster744home,or residential child-caring agency who may be employed by 745 or do volunteer work for a person, corporation, or agency that 746 holds a license as a child-placing agency or a residential 747 child-caring agency, but the term does not include those who do 748 not work on the premises where child care is furnished and have 749 no direct contact with a child or have no contact with a child 750 outside of the presence of the child’s parent or guardian. For 751 purposes of screening, the term includes any member, over the 752 age of 12 years, of the family of the owner or operator or any 753 person other than a client, over the age of 12 years, residing 754 with the owner or operator if the agencyor family foster home755 is located in or adjacent to the home of the owner or operator 756 or if the family member of, or person residing with, the owner 757 or operator has any direct contact with the children. Members of 758 the family of the owner or operator, or persons residing with 759 the owner or operator, who are between the ages of 12 years and 760 18 years are not required to be fingerprinted, but must be 761 screened for delinquency records. For purposes of screening, the 762 term also includes owners, operators, employees, and volunteers 763 working in summer day camps,or summer 24-hour camps providing 764 care for children. A volunteer who assists on an intermittent 765 basis for less than 10 hours per month shall not be included in 766 the term “personnel” for the purposes of screening if a person 767 who meets the screening requirement of this section is always 768 present and has the volunteer in his or her line of sight. 769 (m) “Screening” means the act of assessing the background 770 of personnel or level II through level V family foster homes and 771 includes, but is not limited to, employment history checks as 772 provided in chapter 435, using the level 2 standards for 773 screening set forth in that chapter. 774 (5) The department shall adopt and amend rules for the 775 levels of licensed care associated with the licensure of family 776 foster homes, residential child-caring agencies, and child 777 placing agencies. The rules may include criteria to approve 778 waivers to licensing requirements when applying for a child 779 specific license. 780 (b) The requirements for licensure and operation of family 781 foster homes, residential child-caring agencies, and child 782 placing agencies shall include: 783 1. The operation, conduct, and maintenance of these homes 784 and agencies and the responsibility which they assume for 785 children served and the evidence of need for that service. 786 2. The provision of food, clothing, educational 787 opportunities, services, equipment, and individual supplies to 788 assure the healthy physical, emotional, and mental development 789 of the children served. 790 3. The appropriateness, safety, cleanliness, and general 791 adequacy of the premises, including fire prevention and health 792 standards, to provide for the physical comfort, care, and well 793 being of the children served. 794 4. The ratio of staff to children required to provide 795 adequate care and supervision of the children served and, in the 796 case of family foster homes, the maximum number of children in 797 the home. 798 5. The good moral character based upon screening, 799 education, training, and experience requirements for personnel 800 and family foster homes. 801 6. The department may grant exemptions from 802 disqualification from working with children or the 803 developmentally disabled as provided in s. 435.07. 804 7. The provision of preservice and inservice training for 805 all foster parents and agency staff. 806 8. Satisfactory evidence of financial ability to provide 807 care for the children in compliance with licensing requirements. 808 9. The maintenance by the agency of records pertaining to 809 admission, progress, health, and discharge of children served, 810 including written case plans and reports to the department. 811 10. The provision for parental involvement to encourage 812 preservation and strengthening of a child’s relationship with 813 the family. 814 11. The transportation safety of children served. 815 12. The provisions for safeguarding the cultural, 816 religious, and ethnic values of a child. 817 13. Provisions to safeguard the legal rights of children 818 served. 819 (6) 820 (c) A licensed family foster home, child-placing agency, or 821 residential child-caring agency which applies for renewal of its 822 license shall submit to the department a list of personnel or 823 household members who have worked or resided on a continuous 824 basis at the applicant family foster home or agency since 825 submitting fingerprints to the department, identifying those for 826 whom a written assurance of compliance was provided by the 827 department and identifying those personnel or household members 828 who have recently begun working or residing at the family foster 829 home or agency and are awaiting the results of the required 830 fingerprint check, along with the date of the submission of 831 those fingerprints for processing. The department shall by rule 832 determine the frequency of requests to the Department of Law 833 Enforcement to run state criminal records checks for such 834 personnel or household members except for those personnel or 835 household members awaiting the results of initial fingerprint 836 checks for employment at the applicant family foster home or 837 agency. 838 (7)(a)The department may extend a license expiration date 839 once for a period of up to 30 days. However, the department may 840 not extend a license expiration date more than once during a 841 licensure periodThe department may issue a provisional license842to an applicant who is unable to conform to the licensing843requirements at the time of the study, but who is believed able844to meet the licensing requirements within the time allowed by845the provisional license. The issuance of a provisional license846shall be contingent upon the submission to the department of an847acceptable written plan to overcome the deficiency by the848expiration date of the provisional license. 849(b)A provisional license may be issued when the applicant850fails to meet licensing requirements in matters that are not of851immediate danger to the children and the agency has submitted a852corrective action plan which is approved by the department. A853provisional license may be issued if the screening material has854been timely submitted; however, a provisional license may not be855issued unless the applicant is in compliance with the856requirements in this section for screening of personnel.857(c)A provisional license shall not be issued for a period858in excess of 1 year and shall not be subject to renewal; and it859may be suspended if periodic inspection by the department860indicates that insufficient progress has been made toward861compliance with the requirements.862 (9) 863 (b) Any of the following actions by a family foster home or 864 its household members or an agency or its personnel is a ground 865 for denial, suspension, or revocation of a license: 866 1. An intentional or negligent act materially affecting the 867 health or safety of children in the home or agency. 868 2. A violation ofthe provisions ofthis section or of 869 licensing rules adoptedpromulgatedpursuant to this section. 870 3. Noncompliance with the requirements for good moral 871 character as specified in paragraph (5)(b). 872 4. Failure to dismiss personnel or a household member found 873 in noncompliance with requirements for good moral character. 874 5. Failure to comply with the requirements of ss. 63.0422 875 and 790.335. 876 (12) 877 (b) It is unlawful for any person, agency, family foster 878 home, summer day camp, or summer 24-hour camp providing care for 879 children to: 880 1. Willfully or intentionally fail to comply with the 881 requirements for the screening of personnel and family foster 882 homes or the dismissal of personnel or household members found 883 not to be in compliance with the requirements for good moral 884 character as specified in paragraph (5)(b). 885 2. Use information from the criminal records obtained under 886 this section for any purpose other than screening a person for 887 employment as specified in this section or to release such 888 information to any other person for any purpose other than 889 screening for employment as specified in this section. 890 (c) It is unlawful for any person, agency, family foster 891 home, summer day camp, or summer 24-hour camp providing care for 892 children to use information from the juvenile records of any 893 person obtained under this section for any purpose other than 894 screening for employment as specified in this section or to 895 release information from such records to any other person for 896 any purpose other than screening for employment as specified in 897 this section. 898 (14) 899 (b) As a condition of licensure, foster parents shall 900 successfully completea minimum of 21 hours ofpreservice 901 training. The preservice training shall be uniform statewide and 902 shall include, but not be limited to, such areas as: 903 1. Orientation regarding agency purpose, objectives, 904 resources, policies, and services; 905 2. Role of the foster parent as a treatment team member; 906 3. Transition of a child into and out of foster care, 907 including issues of separation, loss, and attachment; 908 4. Management of difficult child behavior that can be 909 intensified by placement, by prior abuse or neglect, and by 910 prior placement disruptions; 911 5. Prevention of placement disruptions; 912 6. Care of children at various developmental levels, 913 including appropriate discipline; and 914 7. Effects of foster parenting on the family of the foster 915 parent. 916 (d) Beforeprior tolicensure renewal, eachlevel II917through level Vfoster parent mustshallsuccessfully complete8918hours ofinservice training.Each level I foster parent shall919successfully complete 4 hours of inservice training.Periodic 920 time-limited training courses shall be made available for 921 selective use by foster parents. Such inservice training shall 922 include subjects affecting the daily living experiences of 923 foster parenting as a foster parent. For a foster parent 924 participating in the required inservice training, the department 925 shall reimburse such parent for travel expenditures and, if both 926 parents in a home are attending training or if the absence of 927 the parent would leave the children without departmentally 928 approved adult supervision, the department shall make provision 929 for child care or shall reimburse the foster parents for child 930 care purchased by the parents for children in their care. 931 Section 12. Subsection (4) of section 409.903, Florida 932 Statutes, is amended to read: 933 409.903 Mandatory payments for eligible persons.—The agency 934 shall make payments for medical assistance and related services 935 on behalf of the following persons who the department, or the 936 Social Security Administration by contract with the Department 937 of Children and Families, determines to be eligible, subject to 938 the income, assets, and categorical eligibility tests set forth 939 in federal and state law. Payment on behalf of these Medicaid 940 eligible persons is subject to the availability of moneys and 941 any limitations established by the General Appropriations Act or 942 chapter 216. 943 (4) A child who is eligible under Title IV-E of the Social 944 Security Act for subsidized board payments, foster care, or 945 adoption subsidies, and a child for whom the state has assumed 946 temporary or permanent responsibility and who does not qualify 947 for Title IV-E assistance but is in foster care, shelter or 948 emergency shelter care, or subsidized adoption. This category 949 includes: 950 (a) A young adult who is eligible to receive services under 951 s. 409.1451, until the young adult reaches 21 years of age, 952 without regard to any income, resource, or categorical 953 eligibility test that is otherwise required. 954 (b)This category also includesA person who as a child was 955 eligible under Title IV-E of the Social Security Act for foster 956 care or the state-provided foster care and who is a participant 957 in the Road-to-Independence Program. 958 (c) A child who is eligible for the Guardianship Assistance 959 Program as provided in s. 39.6225. 960 Section 13. Paragraph (a) of subsection (1) of section 961 409.991, Florida Statutes, is amended to read: 962 409.991 Allocation of funds for community-based care lead 963 agencies.— 964 (1) As used in this section, the term: 965 (a) “Core services funds” means all funds allocated to 966 community-based care lead agencies operating under contract with 967 the department pursuant to s. 409.987, with the following 968 exceptions: 969 1. Funds appropriated for independent living; 970 2. Funds appropriated for maintenance adoption subsidies; 971 3. Funds allocated by the department for protective 972 investigations training; 973 4. Nonrecurring funds; 974 5. Designated mental health wrap-around services funds;and975 6. Funds for special projects for a designated community 976 based care lead agency; and 977 7. Funds appropriated for the Guardianship Assistance 978 Program under s. 39.6225. 979 Section 14. Paragraph (b) of subsection (1) of section 980 414.045, Florida Statutes, is amended to read: 981 414.045 Cash assistance program.—Cash assistance families 982 include any families receiving cash assistance payments from the 983 state program for temporary assistance for needy families as 984 defined in federal law, whether such funds are from federal 985 funds, state funds, or commingled federal and state funds. Cash 986 assistance families may also include families receiving cash 987 assistance through a program defined as a separate state 988 program. 989 (1) For reporting purposes, families receiving cash 990 assistance shall be grouped into the following categories. The 991 department may develop additional groupings in order to comply 992 with federal reporting requirements, to comply with the data 993 reporting needs of the board of directors of CareerSource 994 Florida, Inc., or to better inform the public of program 995 progress. 996 (b) Child-only cases.—Child-only cases include cases that 997 do not have an adult or teen head of household as defined in 998 federal law. Such cases include: 999 1. Children in the care of caretaker relatives, if the 1000 caretaker relatives choose to have their needs excluded in the 1001 calculation of the amount of cash assistance. 1002 2. Families in the Relative Caregiver Program as provided 1003 in s. 39.5085. 1004 3. Families in which the only parent in a single-parent 1005 family or both parents in a two-parent family receive 1006 supplemental security income (SSI) benefits under Title XVI of 1007 the Social Security Act, as amended. To the extent permitted by 1008 federal law, individuals receiving SSI shall be excluded as 1009 household members in determining the amount of cash assistance, 1010 and such cases shall not be considered families containing an 1011 adult. Parents or caretaker relatives who are excluded from the 1012 cash assistance group due to receipt of SSI may choose to 1013 participate in work activities. An individual whose ability to 1014 participate in work activities is limited who volunteers to 1015 participate in work activities shall be assigned to work 1016 activities consistent with such limitations. An individual who 1017 volunteers to participate in a work activity may receive child 1018 care or support services consistent with such participation. 1019 4. Families in which the only parent in a single-parent 1020 family or both parents in a two-parent family are not eligible 1021 for cash assistance due to immigration status or other 1022 limitation of federal law. To the extent required by federal 1023 law, such cases shall not be considered families containing an 1024 adult. 1025 5. To the extent permitted by federal law and subject to 1026 appropriations, special needs children who have been adopted 1027 pursuant to s. 409.166 and whose adopting family qualifies as a 1028 needy family under the state program for temporary assistance 1029 for needy families. Notwithstanding any provision to the 1030 contrary in s. 414.075, s. 414.085, or s. 414.095, a family 1031 shall be considered a needy family if: 1032 a. The family is determined by the department to have an 1033 income below 200 percent of the federal poverty level; 1034 b. The family meets the requirements of s. 414.095(2) and 1035 (3) related to residence, citizenship, or eligible noncitizen 1036 status; and 1037 c. The family provides any information that may be 1038 necessary to meet federal reporting requirements specified under 1039 Part A of Title IV of the Social Security Act. 1040 6. Families in the Guardianship Assistance Program as 1041 provided in s. 39.6225. 1042 1043 Families described in subparagraph 1., subparagraph 2., or 1044 subparagraph 3. may receive child care assistance or other 1045 supports or services so that the children may continue to be 1046 cared for in their own homes or in the homes of relatives. Such 1047 assistance or services may be funded from the temporary 1048 assistance for needy families block grant to the extent 1049 permitted under federal law and to the extent funds have been 1050 provided in the General Appropriations Act. 1051 Section 15. Paragraph (d) of subsection (1) of section 1052 1009.25, Florida Statutes, is amended to read: 1053 1009.25 Fee exemptions.— 1054 (1) The following students are exempt from the payment of 1055 tuition and fees, including lab fees, at a school district that 1056 provides workforce education programs, Florida College System 1057 institution, or state university: 1058 (d) A student who is or was at the time he or she reached 1059 18 years of age in the custody of a relative or nonrelative 1060 under s. 39.5085 or s. 39.6225 or who was adopted from the 1061 Department of Children and Families after May 5, 1997. Such 1062 exemption includes fees associated with enrollment in applied 1063 academics for adult education instruction. The exemption remains 1064 valid until the student reaches 28 years of age. 1065 Section 16. This act shall take effect July 1, 2019.