Bill Text: FL S1902 | 2011 | Regular Session | Engrossed
Bill Title: Independent Living
Spectrum:
Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1902 Detail]
Download: Florida-2011-S1902-Engrossed.html
CS for SB 1902 First Engrossed 20111902e1 1 A bill to be entitled 2 An act relating to independent living; amending s. 3 39.013, F.S.; requiring the court to retain 4 jurisdiction over a child until the child is 21 years 5 of age if the child elects to receive Foundations 6 First Program services; providing for an annual 7 judicial review; amending s. 39.6012, F.S.; requiring 8 assurance in a child’s case plan that efforts were 9 made to avoid a change in the child’s school; 10 requiring that the case plan contain procedures for an 11 older child to directly access and manage a personal 12 allowance; creating s. 39.6015, F.S.; providing 13 purpose and legislative intent with respect to the 14 provision of services for older children who are in 15 licensed care; requiring the documentation of 16 assurances that school stability is considered when a 17 child in care is moved; providing for the same 18 assurances for children with disabilities; defining 19 the term “school of origin”; requiring that the 20 Department of Children and Family Services or the 21 community-based provider provide reimbursement for the 22 costs of transportation provided for a child in care; 23 requiring changes in a child’s school to be minimally 24 disruptive; specifying criteria to be considered by 25 the department and community-based provider during the 26 transition of a child to another school; requiring 27 children in care to attend school; requiring scheduled 28 appointments to consider the child’s school 29 attendance; providing penalties for caregivers who 30 refuse or fail to ensure that the child attends school 31 regularly; specifying who may serve as an education 32 advocate; requiring documentation that an education 33 advocate or surrogate parent has been designated or 34 appointed for a child in care; requiring a child in 35 middle school to complete an electronic personal 36 academic and career plan; requiring caregivers to 37 attend school meetings; specifying requirements for 38 individual education transition plan meetings for 39 children with disabilities; requiring that a child be 40 provided with information relating to the Road-to 41 Independence Program; requiring that the caregiver or 42 education advocate attend parent-teacher conferences; 43 requiring that a caregiver be provided with access to 44 school resources in order to enable a child to achieve 45 educational success; requiring the delivery of a 46 curriculum model relating to self-advocacy; requiring 47 documentation of a child’s progress, the services 48 needed, and the party responsible for providing 49 services; specifying choices for a child with respect 50 to diplomas and certificates for high school 51 graduation or completion; providing that a child with 52 a disability may stay in school until 22 years of age 53 under certain circumstances; requiring caregivers to 54 remain involved in the academic life of child in high 55 school; requiring documentation of a child’s progress, 56 the services needed, and the party who is responsible 57 for providing services; providing for a child to be 58 exposed to job-preparatory instruction, enrichment 59 activities, and volunteer and service opportunities, 60 including activities and services offered by the 61 Agency for Workforce Innovation; requiring that 62 children in care be afforded opportunities to 63 participate in the usual activities of school, 64 community, and family life; requiring caregivers to 65 encourage and support a child’s participation in 66 extracurricular activities; requiring that 67 transportation be provided for a child; providing for 68 the development of a transition plan; specifying the 69 contents of a transition plan; requiring that the plan 70 be reviewed by the court; requiring that a child be 71 provided with specified documentation; requiring that 72 the transition plan be coordinated with the case plan 73 and a transition plan prepared pursuant to the 74 Individuals with Disabilities Education Act for a 75 child with disabilities; requiring the creation of a 76 notice that specifies the options that are available 77 to the child; requiring that community-based care lead 78 agencies and contracted providers report specified 79 data to the department and Legislature; amending s. 80 39.701, F.S.; conforming terminology; specifying the 81 required considerations during judicial review of a 82 child under the jurisdiction of the court; specifying 83 additional documents that must be provided to a child 84 and that must be verified at the judicial review; 85 requiring judicial review of a transition plan; 86 amending s. 409.1451, F.S., relating to the Road-to 87 Independence Program; creating the Foundations First 88 Program for young adults who want to remain in care 89 after reaching 18 years of age; providing eligibility, 90 termination, and reentry requirements for the program; 91 requiring a court hearing before termination; 92 providing for the development of a transition plan; 93 specifying the contents of the transition plan; 94 requiring that a young adult be provided with 95 specified documentation; requiring that the transition 96 plan be coordinated with the case plan and a 97 transition plan prepared pursuant to the Individuals 98 with Disabilities Education Act for a young adult with 99 disabilities; requiring the creation of a notice that 100 specifies the options that are available to the young 101 adult; requiring annual judicial reviews; creating the 102 College Bound Program for young adults who have 103 completed high school and have been admitted to an 104 eligible postsecondary institution; providing 105 eligibility requirements; providing for a stipend; 106 requiring satisfactory academic progress for 107 continuation of the stipend; providing for 108 reinstatement of the stipend; providing for 109 portability of services for a child or young adult who 110 moves out of the county or out of state; specifying 111 data required to be reported to the department and 112 Legislature; conforming terminology relating to the 113 Independent Living Services Advisory Council; 114 providing rulemaking authority to the Department of 115 Children and Family Services; amending s. 409.903, 116 F.S.; conforming a cross-reference; requiring the 117 department to amend the case plan and judicial social 118 service review formats; providing for young adults 119 receiving transition services to continue to receive 120 existing services until December 31, 2011; providing 121 exceptions; providing an effective date. 122 123 Be It Enacted by the Legislature of the State of Florida: 124 125 Section 1. Subsection (2) of section 39.013, Florida 126 Statutes, is amended to read: 127 39.013 Procedures and jurisdiction; right to counsel.— 128 (2) The circuit court has exclusive original jurisdiction 129 of all proceedings under this chapter, of a child voluntarily 130 placed with a licensed child-caring agency, a licensed child 131 placing agency, or the department, and of the adoption of 132 children whose parental rights have been terminated under this 133 chapter. Jurisdiction attaches when the initial shelter 134 petition, dependency petition, or termination of parental rights 135 petition is filed or when a child is taken into the custody of 136 the department. The circuit court may assume jurisdiction over 137 any such proceeding regardless of whether the child was in the 138 physical custody of both parents, was in the sole legal or 139 physical custody of only one parent, caregiver, or some other 140 person, or was in the physical or legal custody of no person 141 when the event or condition occurred that brought the child to 142 the attention of the court. When the court obtains jurisdiction 143 of any child who has been found to be dependent, the court shall 144 retain jurisdiction, unless relinquished by its order, until the 145 child reaches 18 years of age. However, if a young adultyouth146 petitions the court at any time before his or her 19th birthday 147 requesting the court’s continued jurisdiction, the juvenile 148 court may retain jurisdiction under this chapter for a period 149 not to exceed 1 year following the young adult’syouth’s18th 150 birthday for the purpose of determining whether appropriate 151aftercare support, Road-to-Independence Program, transitional152support, mental health, and developmental disabilityservices 153 that were required to be provided to the young adult before 154 reaching 18 years of age, to the extent otherwise authorized by 155 law, have been providedto the formerly dependent child who was156in the legal custody of the department immediately before his or157her 18th birthday. If a young adult chooses to participate in 158 the Foundations First Program, the court shall retain 159 jurisdiction until the young adult leaves the program as 160 provided for in s. 409.1451(4). The court shall review the 161 status of the young adult at least every 12 months or more 162 frequently if the court deems it necessary. If a petition for 163 special immigrant juvenile status and an application for 164 adjustment of status have been filed on behalf of a foster child 165 and the petition and application have not been granted by the 166 time the child reaches 18 years of age, the court may retain 167 jurisdiction over the dependency case solely for the purpose of 168 allowing the continued consideration of the petition and 169 application by federal authorities. Review hearings for the 170 child shall be set solely for the purpose of determining the 171 status of the petition and application. The court’s jurisdiction 172 terminates upon the final decision of the federal authorities. 173 Retention of jurisdiction in this instance does not affect the 174 services available to a young adult under s. 409.1451. The court 175 may not retain jurisdiction of the case after the immigrant 176 child’s 22nd birthday. 177 Section 2. Subsections (2) and (3) of section 39.6012, 178 Florida Statutes, are amended, and subsection (4) is added to 179 that section, to read: 180 39.6012 Case plan tasks; services.— 181 (2) The case plan must include all available information 182 that is relevant to the child’s care including, at a minimum: 183 (a) A description of the identified needs of the child 184 while in care. 185 (b) A description of the plan for ensuring that the child 186 receives safe and proper care and that services are provided to 187 the child in order to address the child’s needs. To the extent 188 available and accessible, the following health, mental health, 189 and education information and records of the child must be 190 attached to the case plan and updated throughout the judicial 191 review process: 192 1. The names and addresses of the child’s health, mental 193 health, and educational providers; 194 2. The child’s grade level performance; 195 3. The child’s school record; 196 4. Assurances that the child’s placement takes into account 197 proximity to the school in which the child is enrolled at the 198 time of placement and that efforts were made to allow the child 199 to remain in that school if it is in the best interest of the 200 child; 201 5. A record of the child’s immunizations; 202 6. The child’s known medical history, including any known 203 problems; 204 7. The child’s medications, if any; and 205 8. Any other relevant health, mental health, and education 206 information concerning the child. 207 (3) In addition to any other requirement, if the child is 208 in an out-of-home placement, the case plan must include: 209 (a) A description of the type of placement in which the 210 child is to be living. 211 (b) A description of the parent’s visitation rights and 212 obligations and the plan for sibling visitation if the child has 213 siblings and is separated from them. 214 (c) When appropriate, for a child who is in middle school 215 or high school13 years of age or older, a written description 216 of the programs and services that will help the child prepare 217 for the transition fromfostercare to independent living. 218 (d) A discussion of the safety and the appropriateness of 219 the child’s placement, which placement is intended to be safe, 220 and the least restrictive and the most family-like setting 221 available consistent with the best interest and special needs of 222 the child and in as close proximity as possible to the child’s 223 home. 224 (4) The case plan must contain procedures for an older 225 child to directly access and manage the personal allowance he or 226 she receives from the department in order to learn 227 responsibility and participate, to the extent feasible, in age 228 appropriate life skills activities. 229 Section 3. Section 39.6015, Florida Statutes, is created to 230 read: 231 39.6015 Services for older children in care.— 232 (1) PURPOSE AND INTENT.—The Legislature recognizes that 233 education and the other positive experiences of a child are key 234 to a successful future as an adult and that it is particularly 235 important for a child in care to be provided with opportunities 236 to succeed. The Legislature intends that individuals and 237 communities become involved in the education of a child in care, 238 address issues that will improve the educational outcomes for 239 the child, and find ways to ensure that the child values and 240 receives a high-quality education. Many professionals in the 241 local community understand these issues, and it is the intent of 242 the Legislature that biological parents, caregivers, educators, 243 advocates, the department and its community-based care 244 providers, guardians ad litem, and judges, in fulfilling their 245 responsibilities to the child, work together to ensure that an 246 older child in care has access to the same academic resources, 247 services, and extracurricular and enrichment activities that are 248 available to all children. Engaging an older child in a broad 249 range of the usual activities of family, school, and community 250 life during adolescence will help to empower the child in his or 251 her transition into adulthood and in living independently. The 252 Legislature intends for services to be delivered in an age 253 appropriate and developmentally appropriate manner, along with 254 modifications or accommodations as may be necessary to include 255 every child, specifically including a child with a disability. 256 It is also the intent of the Legislature that while services to 257 prepare an older child for life on his or her own are important, 258 these services will not diminish efforts to achieve permanency 259 goals of reunification, adoption, or permanent guardianship. 260 (2) EDUCATION PROVISIONS.—Perhaps more than any other 261 population, an older child in care is in need of a quality 262 education. The child depends on the school to provide positive 263 role models, to provide a network of relationships and 264 friendships that will help the child gain social and personal 265 skills, and to provide the educational opportunities and other 266 activities that are needed for a successful transition into 267 adulthood. 268 (a) Definitions.—As used in this section, the term: 269 1. “Caregiver” has the same meaning as provided in s. 270 39.01(10) and also includes a staff member of the group home or 271 facility in which the child resides. 272 2. “School of origin” means the school that the child 273 attended before coming into care or the school in which the 274 child was last enrolled. If the child is relocated outside the 275 area of the school of origin, the department and its community 276 based providers shall provide the necessary support to the 277 caregiver so that the child can continue enrollment in the 278 school of origin if it is in the best interest of the child. 279 (b) School stability.—The mobility of a child in care can 280 disrupt the educational experience. Whenever a child enters 281 care, or is moved from one home to another, the proximity of the 282 new home to the child’s school of origin shall be considered. 283 The case plan must include tasks or a plan for ensuring the 284 child’s educational stability while in care. As part of this 285 plan, the community-based care provider shall document 286 assurances that: 287 1. The appropriateness of the current educational setting 288 and the proximity to the school in which the child is enrolled 289 at the time of coming into care have been taken into 290 consideration. 291 2. The community-based care provider has coordinated with 292 the appropriate local school district to determine if the child 293 can remain in the school in which he or she is enrolled. 294 3. The child in care has been asked about his or her 295 educational preferences and needs, including his or her view on 296 whether to change schools when the living situation changes. 297 4. A child with a disability is allowed to continue in an 298 appropriate educational setting, regardless of changes to the 299 location of the home, and transportation is addressed and 300 provided in accordance with the child’s individualized education 301 program. A child with a disability shall receive the protections 302 provided in federal and state law, including timelines for 303 evaluations, implementation of an individualized education plan 304 or an individual family service plan, and placement in the least 305 restrictive environment, even when the child changes school 306 districts. 307 5. The department and its community-based providers shall 308 provide special reimbursement for expenses associated with 309 transporting a child to his or her school of origin if the 310 school district does not provide transportation or the 311 individualized education plan does not include transportation as 312 a service. Transportation arrangements shall follow a route that 313 is as direct and expedient for the child as is reasonably 314 possible. 315 (c) School transitions.—A change in schools, if necessary, 316 shall be as least disruptive as possible, and the support 317 necessary for a successful transition shall be provided by the 318 department, the community-based provider, and the caregiver. The 319 department and the community-based providers shall work with 320 school districts to develop and implement procedures to ensure 321 that a child in care: 322 1. Is enrolled immediately in a new school and can begin 323 classes promptly. 324 2. Does not experience a delay in enrollment and delivery 325 of appropriate services due to school or record requirements as 326 required by s. 1003.22. 327 3. Has education records that are comprehensive and 328 accurate and that promptly follow the child to a new school. 329 4. Is allowed to participate in all academic and 330 extracurricular programs, including athletics, when arriving at 331 a new school in the middle of a school term, even if normal 332 timelines have passed or programs are full. A district school 333 board or school athletic association, including the Florida High 334 School Athletic Association or successor, may not prevent, or 335 create barriers to, the ability of a child in care to 336 participate in age-appropriate extracurricular, enrichment, or 337 social activities. 338 5. Receives credit or partial credit for coursework 339 completed at the prior school. 340 6. Has the ability to receive a high school diploma even 341 when the child has attended multiple schools that have varying 342 graduation requirements. 343 (d) School attendance.—A child in care shall attend school 344 as required by s. 1003.26. 345 1. The community-based care provider and caregiver shall 346 eliminate any barriers to attendance such as required school 347 uniforms or school supplies. 348 2. Appointments and court appearances for a child in care 349 shall be scheduled to minimize the impact on the child’s 350 education and to ensure that the child is not penalized for 351 school time or work missed because of court hearings or 352 activities related to the child welfare case. 353 3. A caregiver who refuses or fails to ensure that a child 354 who is in his or her care attends school regularly is subject to 355 the same procedures and penalties as a parent under s. 1003.27. 356 (e) Education advocacy.— 357 1. A child in care shall have an adult caregiver who is 358 knowledgeable about schools and children in care and who serves 359 as an education advocate to reinforce the value of the child’s 360 investment in education, to ensure that the child receives a 361 high-quality education, and to help the child plan for middle 362 school, high school, and postschool training, employment, or 363 college. The advocate may be a caregiver, care manager, guardian 364 ad litem, educator, or individual hired and trained for the 365 specific purpose of serving as an education advocate. 366 2. A child in care with disabilities who is eligible for 367 the appointment of a surrogate parent, as required in s. 368 39.0016, shall be assigned a surrogate in a timely manner, but 369 no later than 30 days after a determination that a surrogate is 370 needed. 371 3. The community-based provider shall document in the 372 child’s case plan that an education advocate has been identified 373 for each child in care or that a surrogate parent has been 374 appointed for each child in care with a disability. 375 (f) Academic requirements and support; middle school 376 students.—A child must complete the required courses that 377 include mathematics, English, social studies, and science in 378 order to be promoted from a state school composed of middle 379 grades 6, 7, and 8. 380 1. In addition to other academic requirements, a child must 381 complete one course in career and education planning in 7th or 382 8th grade. The course, as required by s. 1003.4156, must include 383 career exploration using Florida CHOICES Explorer or Florida 384 CHOICES Planner and must include educational planning using the 385 online student advising system known as Florida Academic 386 Counseling and Tracking for Students at the Internet website 387 FACTS.org. 388 a. Each child shall complete an electronic personalized 389 academic and career plan that must be signed by the child, the 390 child’s teacher, guidance counselor, or academic advisor, and 391 the child’s parent, caregiver, or other designated education 392 advocate. Any designated advocate must have the knowledge and 393 training to serve in that capacity. 394 b. The required personalized academic and career plan must 395 inform students of high school graduation requirements, high 396 school assessment and college entrance test requirements, 397 Florida Bright Futures Scholarship Program requirements, state 398 university and Florida College System institution admission 399 requirements, and programs through which a high school student 400 may earn college credit, including Advanced Placement, 401 International Baccalaureate, Advanced International Certificate 402 of Education, dual enrollment, career academy opportunities, and 403 courses that lead to national industry certification. 404 c. A caregiver shall attend the parent meeting held by the 405 school to inform parents about the career and education planning 406 course curriculum and the activities associated with the 407 curriculum. 408 2. For a child with a disability, the decision whether to 409 work toward a standard diploma or a special diploma shall be 410 addressed at the meeting on the individual education transition 411 plan conducted during the child’s 8th grade or the year the 412 child turns 14 years of age, whichever occurs first. The child 413 shall be invited to participate in this and each subsequent 414 transition plan meeting. At this meeting, the individual 415 education transition plan team, including the child, the 416 caregiver, and other designated education advocate, shall 417 determine whether a standard or special diploma best prepares 418 the child for his or her education and career goals after high 419 school. 420 a. The team shall plan the appropriate course of study, 421 which may include basic education courses, career education 422 courses, and exceptional student education courses. 423 b. The team shall identify any special accommodations, 424 modifications, and related services needed to help the child 425 participate fully in the educational program. 426 c. All decisions shall be documented on the individual 427 education transition plan, and this information shall be used to 428 guide the child’s educational program as he or she enters high 429 school. 430 3. A caregiver or the community-based care provider shall 431 provide the child with all information related to the Road-to 432 Independence Program as provided in s. 409.1451. 433 4. A caregiver or another designated education advocate 434 shall attend parent-teacher conferences and monitor each child’s 435 academic progress. 436 5. Each district school board, as required by s. 1002.23, 437 shall develop and implement a well-planned, inclusive, and 438 comprehensive program to assist parents and families in 439 effectively participating in their child’s education. A school 440 district shall have available resources and services for parents 441 and their children, such as family literacy services; mentoring, 442 tutorial, and other academic reinforcement programs; college 443 planning, academic advisement, and student counseling services; 444 and after-school programs. A caregiver shall access these 445 resources as necessary to enable the child in his or her care to 446 achieve educational success. 447 6. A child in care, particularly a child with a disability, 448 shall be involved and engaged in all aspects of his or her 449 education and educational planning and must be empowered to be 450 an advocate for his or her education needs. Community-based care 451 providers shall enter into partnerships with school districts to 452 deliver curriculum on self-determination or self-advocacy to 453 engage and empower the child to be his or her own advocate, 454 along with support from the caregiver, community-based care 455 provider, guardian ad litem, teacher, school guidance counselor, 456 and other designated education advocate. 457 7. The community-based care provider shall document in the 458 case plan evidence of the child’s progress toward, and 459 achievement of, academic, life, social, and vocational skills. 460 The case plan shall be amended to fully and accurately reflect 461 the child’s academic and career plan, identify the services and 462 tasks needed to support that plan, and identify the party 463 responsible for accomplishing the tasks or providing the needed 464 services. 465 (g) Academic requirements and support; high school 466 students.—Graduation from high school is essential for a child 467 to be able to succeed and live independently as an adult. In 468 Florida, 70 percent of children in care reach 18 years of age 469 without having obtained a high school diploma. It is the 470 responsibility of the department, its community-based providers, 471 and caregivers to ensure that a child in care is able to take 472 full advantage of every resource and opportunity in order to be 473 able to graduate from high school and be adequately prepared to 474 pursue postsecondary education at a college or university or to 475 acquire the education and skills necessary to enter the 476 workplace. In preparation for accomplishing education and career 477 goals after high school, the child must select the appropriate 478 course of study which best meets his or her needs. 479 1. An older child who plans to attend a college or 480 university after graduation must take certain courses to meet 481 state university admission requirements. The course requirements 482 for state university admission are the same for two Bright 483 Futures Scholarship awards, the Florida Academic Scholars award, 484 and the Florida Medallion Scholars award. By following this 485 course of study, which is required for state university 486 admission and recommended if the child intends to pursue an 487 associate in arts degree at a Florida College System institution 488 and transfer to a college or university to complete a bachelor’s 489 degree, the child will meet the course requirements for high 490 school graduation, state university admission, and two Bright 491 Futures Scholarship awards. 492 2. An older child who plans on a career technical program 493 in high school to gain skills for work or continue after 494 graduation at a Florida College System institution, technical 495 center, or registered apprenticeship program should choose a 496 course of study which meets the course requirements for high 497 school graduation, the third Bright Futures Scholarship award, 498 and the Florida Gold Seal Vocational Scholars award. This course 499 of study is recommended if the child intends to pursue a 500 technical certificate or license, an associate degree, or a 501 bachelor’s degree, or wishes to gain specific career training. 502 3. An older child with a disability may choose to work 503 toward a standard diploma, a special diploma, or a certificate 504 of completion. The child shall be assisted in choosing a diploma 505 option by school and district staff through the development of 506 the individual education plan. The diploma choice shall be 507 reviewed each year at the child’s individual education plan 508 meeting. 509 a. An older child or young adult with a disability who has 510 not earned a standard diploma or who has been awarded a special 511 diploma, certificate of completion, or special certificate of 512 completion before reaching 22 years of age may stay in school 513 until he or she reaches 22 years of age. 514 b. The school district shall continue to offer services 515 until the young adult reaches 22 years of age or until he or she 516 earns a standard diploma, whichever occurs first, as required by 517 the Individuals with Disabilities Education Act. 518 4. This paragraph does not preclude an older child from 519 seeking the International Baccalaureate Diploma or the Advanced 520 International Certificate of Education Diploma. 521 5. Educational guidance and planning for high school shall 522 be based upon the decisions made during middle school. 523 Caregivers shall remain actively involved in the child’s 524 academic life by attending parent-teacher conferences and by 525 taking advantage of available resources to enable the child to 526 achieve academic success. 527 6. The community-based care provider shall document in the 528 case plan evidence of the child’s progress toward, and 529 achievement of, academic, life, social, and vocational skills. 530 The case plan shall be amended to completely reflect the child’s 531 academic and career plan, identify the services and tasks needed 532 to support that plan, and identify the party responsible for 533 accomplishing the tasks or providing the needed services. At a 534 minimum, a case staffing must be held annually before the child 535 reaches 16 years of age and every 6 months thereafter to ensure 536 that the child’s case plan is up to date. 537 7. Participation in workforce readiness activities is 538 essential for a child in care at the high school level to 539 prepare himself or herself to be a self-supporting and 540 productive adult. The caregiver and the community-based care 541 provider shall ensure that each child: 542 a. Who is interested in pursuing a career after high school 543 graduation is exposed to job-preparatory instruction in the 544 competencies that prepare students for effective entry into an 545 occupation, including diversified cooperative education, work 546 experience, and job-entry programs that coordinate directed 547 study and on-the-job training. 548 b. Is provided with the opportunity to participate in 549 enrichment activities that increase the child’s understanding of 550 the workplace, to explore careers, and to develop goal-setting, 551 decisionmaking, and time-management skills. 552 c. Is provided with volunteer and service learning 553 opportunities in order to develop workplace and planning skills, 554 self esteem, and personal leadership skills. 555 d. Is provided with an opportunity to participate in 556 activities and services provided by the Agency for Workforce 557 Innovation and its regional workforce boards which prepare all 558 young adults, including those with a disability, for the 559 workforce. 560 (3) EXTRACURRICULAR ACTIVITIES.—An older child in care 561 shall be accorded to the fullest extent possible the opportunity 562 to participate in the activities of community, school, and 563 family life. 564 (a) A caregiver shall encourage and support participation 565 in age-appropriate extracurricular and social activities for an 566 older child, including a child with a disability. 567 (b) A caregiver shall provide transportation for such 568 activities, and community-based care providers shall reimburse 569 the caregiver for the expenses associated with such activities, 570 including mileage reimbursement. 571 (c) The department and its community-based providers may 572 not place an older child in a home if the caregiver does not 573 encourage or facilitate participation in and provide 574 transportation to the extracurricular activities of the child’s 575 choice, unless other arrangements can be made by the community 576 based care provider to enable the child’s participation in such 577 activities. 578 (d) A caregiver’s license or licensure status is not 579 affected by the age-appropriate actions of a child engaging in 580 activities while in his or her care. 581 (4) DEVELOPMENT OF THE TRANSITION PLAN.—If a child is 582 planning to leave care upon reaching 18 years of age, during the 583 180-day period before the child reaches 18 years of age, the 584 department and community-based care provider, in collaboration 585 with the caregiver, any other designated education advocate, and 586 any other individual whom the child would like to have included, 587 shall assist and support the older child in developing a 588 transition plan. The transition plan must take into account all 589 of the education and other skills achieved by the child in 590 middle and high school, must include specific options for the 591 child on housing, health insurance, education, local 592 opportunities for mentors and continuing support services, and 593 workforce support and employment services, and must be reviewed 594 by the court during the last review hearing before the child 595 reaches 18 years of age. In developing the plan, the department 596 and community-based provider shall: 597 (a) Provide the child with the documentation required in s. 598 39.701(7); 599 (b) Coordinate with local public and private entities in 600 designing the transition plan as appropriate; 601 (c) Coordinate the transition plan with the independent 602 living provisions in the case plan and the Individuals with 603 Disabilities Education Act transition plan for a child with a 604 disability; and 605 (d) Create a clear and developmentally appropriate notice 606 specifying the options available for a young adult who chooses 607 to remain in care for a longer period. The notice must include 608 information about what services the child is eligible for and 609 how such services may be obtained. 610 (5) ACCOUNTABILITY.— 611 (a) The community-based care lead agencies and its 612 contracted providers shall report to the department the 613 following information: 614 1. The total number of children in care who are enrolled in 615 middle school, high school, adult high school, and GED programs 616 and, in a breakdown by age, how many had their living 617 arrangements change one time and how many were moved two or more 618 times. For the children who were moved, how many had to change 619 schools and how many of those changes were due to a lack of 620 transportation. 621 2. For those children for whom transportation was provided, 622 how many children were provided transportation, how the 623 transportation was provided, how it was paid for, and the amount 624 of the total expenditure by the lead agency. 625 3. The same information required in subparagraphs 1. and 626 2., specific to children in care with a disability. 627 4. In a breakdown by age, for those children who changed 628 schools at least once, how many children experienced problems in 629 the transition, what kinds of problems were encountered, and 630 what steps the lead agency and the caregiver took to remedy 631 those problems. 632 5. In a breakdown by age, out of the total number of 633 children in care, the number of children who were absent from 634 school more than 10 days in a semester and the steps taken by 635 the lead agency and the caregiver to reduce absences. 636 6. Evidence that the lead agency has established a working 637 relationship with each school district in which a child in care 638 attends school. 639 7. In a breakdown by age, out of the total number of 640 children in care, the number who have documentation in the case 641 plan that either an education advocate or a surrogate parent has 642 been designated or appointed. 643 8. In a breakdown by age, out of the total number of 644 children in care, the number of children who have documentation 645 in the case plan that they have an education advocate who 646 regularly participates in parent-teacher meetings and other 647 school-related activities. 648 9. For those children in care who have finished 8th grade, 649 the number of children who have documentation in the case plan 650 that they have completed the academic and career plan required 651 by s. 1003.4156 and that the child and the caregiver have signed 652 the plan. 653 10. For those children in care who have a disability and 654 have finished 8th grade, the number of children who have 655 documentation in the case plan that they have had an individual 656 education transition plan meeting. 657 11. In a breakdown by age, the total number of children in 658 care who are in middle school or high school. For each age, the 659 number of children who are reading at or above grade level, the 660 number of children who have successfully completed the FCAT and 661 end-of-course assessments, the number of children who have 662 dropped out of school, the number of children who have enrolled 663 in any dual enrollment or advanced placement courses, and the 664 number of children completing the required number of courses, 665 assessments, and hours needed to be promoted to the next grade 666 level. 667 12. With a breakdown by age, the total number of children 668 in care who are in middle school or high school. For each age, 669 the number of children who have documentation in the case plan 670 that they are involved in at least one extracurricular activity, 671 whether it is a school-based or community-based activity, 672 whether they are involved in at least one service or volunteer 673 activity, and who provides the transportation. 674 13. The total number of children in care who are 17 years 675 of age and who are obtaining services from the lead agency or 676 its contracted providers and how many of that total number have 677 indicated that they plan to remain in care after turning 18 678 years of age, and for those children who plan to leave care, how 679 many children have a transition plan. 680 14. A breakdown of documented expenses for children in 681 middle and high school. 682 (b) Each community-based care lead agency shall provide its 683 report to the department by September 30 of each year. The 684 department shall compile the reports from each community-based 685 care lead agency and provide them to the Legislature by December 686 31 of each year, with the first report due to the Legislature on 687 December 31, 2012. 688 Section 4. Subsections (7), (8), and (9) of section 39.701, 689 Florida Statutes, are amended to read: 690 39.701 Judicial review.— 691 (7)(a) In addition to paragraphs (1)(a) and (2)(a), the 692 court shall hold a judicial review hearing within 90 days after 693 a child’syouth’s17th birthday. The court shall also issue an 694 order, separate from the order on judicial review, that the 695 disability of nonage of the childyouthhas been removed 696 pursuant to s. 743.045. The court shall continue to hold timely 697 judicial review hearings thereafter. In addition, the court may 698 review the status of the child more frequently during the year 699 prior to the child’syouth’s18th birthday if necessary. At each 700 review held under this subsection, in addition to any 701 information or report provided to the court, the caregiver 702foster parent, legal custodian, guardian ad litem, and the child 703 shall be given the opportunity to address the court with any 704 information relevant to the child’s best interests, particularly 705 as it relates to the requirements of s. 39.6015 and the Road-to- 706 Independence Program under s. 409.1451independent living707transition services. In addition to any information or report 708 provided to the court, the department shall include in its 709 judicial review social study report written verification that 710 the child has been provided with: 711 1.Has been provided withA current Medicaid card andhas712been providedall necessary information concerning the Medicaid 713 program sufficient to prepare the childyouthto apply for 714 coverage upon reaching age 18, if such application would be 715 appropriate. 716 2.Has been provided withA certified copy of his or her 717 birth certificate and, if the child does not have a valid 718 driver’s license, a Florida identification card issued under s. 719 322.051. 720 3. A social security card andHas been providedinformation 721 relating to Social Security Insurance benefits if the child is 722 eligible for these benefits. If the child has received these 723 benefits and they are being held in trust for the child, a full 724 accounting of those funds must be provided and the child must be 725 informed about how to access those funds. 7264.Hasbeen provided with information and training related727to budgeting skills, interviewing skills, and parenting skills.728 4.5.Has been provided withAll relevant information 729 related to the Road-to-Independence Program, including, but not 730 limited to, eligibility requirements, information on howforms731necessaryto participateapply, and assistance in gaining 732 admission to the programcompleting the forms. The child shall 733 also be informed that, if he or she is eligible for the Road-to 734 Independence Program, he or she may reside with the licensed 735fosterfamily or group care provider with whom the child was 736 residing at the time of attaining his or her 18th birthday or 737 may reside in another licensedfosterhome or with a group care 738 provider arranged by the department. 739 5.6.An opportunity toHasanopen a bank account,or 740 obtainhasidentification necessary to open an account, and has 741 been provided with essential banking and budgeting skills. 742 6.7.Has been provided withInformation on public 743 assistance and how to apply. 744 7.8.Has been providedA clear understanding of where he or 745 she will be living on his or her 18th birthday, how living 746 expenses will be paid, and in what educational program or school 747 he or she will be enrolledin. 748 8.9.Information related to the abilityHas been provided749withnoticeof the childyouth’s rightto remain in care until 750 he or she reaches 21 years of agepetition for the court’s751continuing jurisdiction for 1 year after the youth’s 18th752birthdayas specified in s. 39.013(2) andwithinformation on 753 how to participate in the Road-to-Independence Programobtain754access to the court. 755 9. A letter providing the dates that the child was under 756 the jurisdiction of the court. 757 10. A letter stating that the child was in care, in 758 compliance with financial aid documentation requirements. 759 11. His or her entire educational records. 760 12. His or her entire health and mental health records. 761 13. The process for accessing his or her case file. 762 14.10.EncouragementHas been encouragedto attend all 763 judicial review hearings occurring after his or her 17th 764 birthday. 765 (b) At the first judicial review hearing held subsequent to 766 the child’s 17th birthday, in addition to the requirements of 767 subsection (8), the department shall provide the court with an 768 updated case plan that includes specific information related to 769 the provisions of s. 39.6015,independent living services that770have been providedsince the child entered middle schoolchild’s77113th birthday, or since the date the child came intofoster772 care, whichever came later. 773 (c) At the last judicial review hearing held before the 774 child’s 18th birthday, in addition of the requirements of 775 subsection (8), the department shall provide to the court for 776 review the transition plan for a child who is planning to leave 777 care after reaching his or her 18th birthday. 778 (d)(c)At the time of a judicial review hearing held 779 pursuant to this subsection, if, in the opinion of the court, 780 the department has not complied with its obligations as 781 specified in the written case plan or in the provision of 782independent livingservices as required by s. 39.6015, s. 783 409.1451, and this subsection, the court shall issue a show 784 cause order. If cause is shown for failure to comply, the court 785 shall give the department 30 days within which to comply and, on 786 failure to comply with this or any subsequent order, the 787 department may be held in contempt. 788 (8)(a) Before every judicial review hearing or citizen 789 review panel hearing, the social service agency shall make an 790 investigation and social study concerning all pertinent details 791 relating to the child and shall furnish to the court or citizen 792 review panel a written report that includes, but is not limited 793 to: 794 1. A description of the type of placement the child is in 795 at the time of the hearing, including the safety of the child 796 and the continuing necessity for and appropriateness of the 797 placement. 798 2. Documentation of the diligent efforts made by all 799 parties to the case plan to comply with each applicable 800 provision of the plan. 801 3. The amount of fees assessed and collected during the 802 period of time being reported. 803 4. The services provided to the caregiverfoster familyor 804 legal custodian in an effort to address the needs of the child 805 as indicated in the case plan. 806 5. A statement that either: 807 a. The parent, though able to do so, did not comply 808 substantially with the case plan, and the agency 809 recommendations; 810 b. The parent did substantially comply with the case plan; 811 or 812 c. The parent has partially complied with the case plan, 813 with a summary of additional progress needed and the agency 814 recommendations. 815 6. A statement from the caregiverfosterparentor legal 816 custodian providing any material evidence concerning the return 817 of the child to the parent or parents. 818 7. A statement concerning the frequency, duration, and 819 results of the parent-child visitation, if any, and the agency 820 recommendations for an expansion or restriction of future 821 visitation. 822 8. The number of times a child has been removed from his or 823 her home and placed elsewhere, the number and types of 824 placements that have occurred, and the reason for the changes in 825 placement. 826 9. The number of times a child’s educational placement has 827 been changed, the number and types of educational placements 828 which have occurred, and the reason for any change in placement. 829 10. If the child has entered middle schoolreached 13 years830of agebut is not yet 18 years of age, the specific information 831 contained in the case plan related to the provisions of s. 832 39.6015results of the preindependent living, life skills, or833independent living assessment; the specific services needed; and 834 the status of the delivery of the identified services. 835 11. Copies of all medical, psychological, and educational 836 records that support the terms of the case plan and that have 837 been produced concerning the parents or any caregiver since the 838 last judicial review hearing. 839 12. Copies of the child’s current health, mental health, 840 and education records as identified in s. 39.6012. 841 (b) A copy of the social service agency’s written report 842 and the written report of the guardian ad litem must be served 843 on all parties whose whereabouts are known; to the caregivers 844foster parentsor legal custodians; and to the citizen review 845 panel, at least 72 hours before the judicial review hearing or 846 citizen review panel hearing. The requirement for providing 847 parents with a copy of the written report does not apply to 848 those parents who have voluntarily surrendered their child for 849 adoption or who have had their parental rights to the child 850 terminated. 851 (c) In a case in which the child has been permanently 852 placed with the social service agency, the agency shall furnish 853 to the court a written report concerning the progress being made 854 to place the child for adoption. If the child cannot be placed 855 for adoption, a report on the progress made by the child towards 856 alternative permanency goals or placements, including, but not 857 limited to, guardianship, long-term custody, long-term licensed 858 custody, or independent living, must be submitted to the court. 859 The report must be submitted to the court at least 72 hours 860 before each scheduled judicial review. 861 (d) In addition to or in lieu of any written statement 862 provided to the court, the caregiverfoster parentor legal 863 custodian, or any preadoptive parent, shall be given the 864 opportunity to address the court with any information relevant 865 to the best interests of the child at any judicial review 866 hearing. 867 (9) The court and any citizen review panel shall take into 868 consideration the information contained in the social services 869 study and investigation and all medical, psychological, and 870 educational records that support the terms of the case plan; 871 testimony by the social services agency, the parent, the 872 caregiverfoster parentor legal custodian, the guardian ad 873 litem or surrogate parent for educational decisionmaking if one 874 has been appointed for the child, and any other person deemed 875 appropriate; and any relevant and material evidence submitted to 876 the court, including written and oral reports to the extent of 877 their probative value. These reports and evidence may be 878 received by the court in its effort to determine the action to 879 be taken with regard to the child and may be relied upon to the 880 extent of their probative value, even though not competent in an 881 adjudicatory hearing. In its deliberations, the court and any 882 citizen review panel shall seek to determine: 883 (a) If the parent was advised of the right to receive 884 assistance from any person or social service agency in the 885 preparation of the case plan. 886 (b) If the parent has been advised of the right to have 887 counsel present at the judicial review or citizen review 888 hearings. If not so advised, the court or citizen review panel 889 shall advise the parent of such right. 890 (c) If a guardian ad litem needs to be appointed for the 891 child in a case in which a guardian ad litem has not previously 892 been appointed or if there is a need to continue a guardian ad 893 litem in a case in which a guardian ad litem has been appointed. 894 (d) Who holds the rights to make educational decisions for 895 the child. If appropriate, the court may refer the child to the 896 district school superintendent for appointment of a surrogate 897 parent or may itself appoint a surrogate parent under the 898 Individuals with Disabilities Education Act and s. 39.0016. 899 (e) The compliance or lack of compliance of all parties 900 with applicable items of the case plan, including the parents’ 901 compliance with child support orders. 902 (f) The compliance or lack of compliance with a visitation 903 contract between the parent and the social service agency for 904 contact with the child, including the frequency, duration, and 905 results of the parent-child visitation and the reason for any 906 noncompliance. 907 (g) The compliance or lack of compliance of the parent in 908 meeting specified financial obligations pertaining to the care 909 of the child, including the reason for failure to comply if such 910 is the case. 911 (h) Whether the child is receiving safe and proper care 912 according to s. 39.6012, including, but not limited to, the 913 appropriateness of the child’s current placement, including 914 whether the child is in a setting that is as family-like and as 915 close to the parent’s home as possible, consistent with the 916 child’s best interests and special needs, and including 917 maintaining stability in the child’s educational placement, as 918 documented by assurances from the community-based care provider 919 that: 920 1. The placement of the child takes into account the 921 appropriateness of the current educational setting and the 922 proximity to the school in which the child is enrolled at the 923 time of placement. 924 2. The community-based care agency has coordinated with 925 appropriate local educational agencies to ensure that the child 926 remains in the school in which the child is enrolled at the time 927 of placement. 928 (i) A projected date likely for the child’s return home or 929 other permanent placement. 930 (j) When appropriate, the basis for the unwillingness or 931 inability of the parent to become a party to a case plan. The 932 court and the citizen review panel shall determine if the 933 efforts of the social service agency to secure party 934 participation in a case plan were sufficient. 935 (k) For a child who has entered middle schoolreached 13936years of agebut is not yet 18 years of age, the progress the 937 child has made in achieving the goals outlined in s. 39.6015 938adequacy of the child’s preparation for adulthood and939independent living. 940 Section 5. Section 409.1451, Florida Statutes, is amended 941 to read: 942 (Substantial rewording of section. See 943 s. 409.1451, F.S., for present text). 944 409.1451 The Road-to-Independence Program.—The Legislature 945 recognizes that most children and young adults are resilient 946 and, with adequate support, can expect to be successful as 947 independent adults. Not unlike all young adults, some young 948 adults who have lived in care need additional resources and 949 support for a period of time after reaching 18 years of age. The 950 Legislature intends for these young adults to receive the 951 education, training, and health care services necessary for them 952 to become self-sufficient through the Road-to-Independence 953 Program. A young adult who participates in the Road-to 954 Independence Program may choose to remain in care until 21 years 955 of age and receive help achieving his or her postsecondary goals 956 by participating in the Foundations First Program, or he or she 957 may choose to receive financial assistance to attend college 958 through the College Bound Program. 959 (1) THE FOUNDATIONS FIRST PROGRAM.—The Foundations First 960 Program is designed for young adults who have reached 18 years 961 of age but are not yet 21 years of age, and who need to finish 962 high school or who have a high school diploma, or its 963 equivalent, and want to achieve additional goals. These young 964 adults are ready to try postsecondary or vocational education, 965 try working part-time or full-time, or need help with issues 966 that might stand in their way of becoming employed. Young adults 967 who are unable to participate in any of these programs or 968 activities full time due to an impairment, including behavioral, 969 developmental, and cognitive disabilities, might also benefit 970 from remaining in care longer. The provision of services under 971 this subsection is intended to supplement, not supplant, 972 services available under any other program for which the young 973 adult is eligible, including, but not limited to, Medicaid 974 waiver services, vocational rehabilitation programs, or school 975 system programs. For purposes of this section, the term “child” 976 means an individual who has not attained 21 years of age, and 977 the term “young adult” means a child who has attained 18 years 978 of age but who has not attained 21 years of age. 979 (a) Eligibility; termination; and reentry.— 980 1. A young adult who was living in licensed care on his or 981 her 18th birthday or who is currently living in licensed care, 982 or who after reaching 16 years of age was adopted from licensed 983 care or placed with a court-approved dependency guardian, and 984 has spent a minimum of 6 months in licensed care within the 12 985 months immediately preceding such placement or adoption, is 986 eligible for the Foundations First Program if he or she is: 987 a. Completing secondary education or a program leading to 988 an equivalent credential; 989 b. Enrolled in an institution that provides postsecondary 990 or vocational education; 991 c. Participating in a program or activity designed to 992 promote, or eliminate barriers to, employment; 993 d. Employed for at least 80 hours per month; or 994 e. Unable to participate in these programs or activities 995 full time due to a physical, intellectual, emotional, or 996 psychiatric condition that limits participation. Any such 997 restriction to participation must be supported by information in 998 the young adult’s case file or school or medical records of a 999 physical, intellectual, or psychiatric condition that impairs 1000 the young adult’s ability to perform one or more life 1001 activities. 1002 2. The young adult in care must leave the Foundations First 1003 Program on the earliest of the date the young adult: 1004 a. Knowingly and voluntarily withdraws his or her consent 1005 to participate; 1006 b. Leaves care to live in a permanent home consistent with 1007 his or her permanency plan; 1008 c. Reaches 21 years of age; 1009 d. Becomes incarcerated in an adult or juvenile justice 1010 facility; or 1011 e. In the case of a young adult with a disability, reaches 1012 22 years of age. 1013 3. Notwithstanding the provisions of this paragraph, the 1014 department may not close a case and the court may not terminate 1015 its jurisdiction until it finds, following a hearing held after 1016 notice to all parties, that the following criteria have been 1017 met: 1018 a. Attendance of the young adult at the hearing; or 1019 b. Findings by the court that: 1020 (I) The young adult has been informed by the department of 1021 his or her right to attend the hearing and has provided written 1022 consent to waive this right; 1023 (II) The young adult has been informed of the potential 1024 negative effects of terminating care early, the option to 1025 reenter care before reaching 21 years of age, the procedure to, 1026 and limitations on, reentering care, the availability of 1027 alternative services, and that the young adult has signed a 1028 document attesting that he or she has been so informed and 1029 understands these provisions; and 1030 (III) The department and the community-based care provider 1031 have complied with the case plan and any individual education 1032 plan. At the time of this judicial hearing, if, in the opinion 1033 of the court, the department and community-based provider have 1034 not complied with their obligations as specified in the case 1035 plan and any individual education plan, the court shall issue a 1036 show cause order. If cause is shown for failure to comply, the 1037 court shall give the department and community-based provider 30 1038 days within which to comply and, upon failure to comply with 1039 this or any subsequent order, the department and community-based 1040 provider may be held in contempt. 1041 4. A young adult who left care at or after reaching his or 1042 her 18th birthday, but before reaching age 21, may be 1043 automatically readmitted to the program by applying to the 1044 community-based care provider. The community-based care provider 1045 shall readmit the young adult if he or she is engaged in the 1046 programs or activities described in this paragraph. Any 1047 additional readmissions require that the young adult petition 1048 the court to resume jurisdiction. The department and community 1049 based provider shall update the case plan within 30 days after 1050 the young adult comes back into the Foundations First Program. 1051 (b) Benefits and requirements.— 1052 1. A stipend shall be available to a young adult who is 1053 considered a full-time student or its equivalent by the 1054 educational institution in which he or she is enrolled, unless 1055 that young adult has a recognized disability preventing full 1056 time attendance. The amount of the award, whether it is being 1057 used by a young adult working toward completion of a high school 1058 diploma or its equivalent or working toward completion of a 1059 postsecondary education program, shall be determined based on an 1060 assessment of the funding needs of the young adult. This 1061 assessment must consider the young adult’s living and 1062 educational costs based on the actual cost of attendance, and 1063 other grants, scholarships, waivers, earnings, or other income 1064 to be received by the young adult. An award shall be available 1065 only to the extent that other grants and scholarships are not 1066 sufficient to meet the living and educational needs of the young 1067 adult, but an award may not be less than $25 in order to 1068 maintain Medicaid eligibility for the young adult as provided in 1069 s. 409.903. 1070 2. The young adult must reside in a semi-supervised living 1071 arrangement. For the purposes of this requirement, a “semi 1072 supervised living arrangement” includes foster homes, college 1073 dormitories, shared housing, semi-supervised apartments, 1074 supervised apartments, or another housing arrangement approved 1075 by the provider and acceptable to the young adult. 1076 3. Payment of the stipend shall be made directly on the 1077 recipient’s behalf in order to secure housing and utilities, 1078 with the balance being paid directly to the young adult. 1079 (c) Transition plan.—For all young adults during the 180 1080 day period immediately before leaving care, before reaching 21 1081 years of age, or after leaving care on or after reaching 21 1082 years of age, the department and the community-based care 1083 provider, in collaboration with the caregiver, any other 1084 designated education advocate, or any other individual whom the 1085 young adult would like to include, shall assist and support the 1086 young adult in developing a transition plan. The transition plan 1087 must take into account all of the education and other 1088 achievements of the young adult, include specific options for 1089 the young adult for housing, health insurance, education, local 1090 opportunities for mentors and continuing support services, and 1091 workforce support and employment services, and must be reviewed 1092 by the court during the last review hearing before the child 1093 leaves care. In developing the plan, the department and 1094 community-based provider shall: 1095 1. Provide the young adult with the documentation required 1096 in s. 39.701(7); 1097 2. Coordinate with local public and private entities in 1098 designing the transition plan as appropriate; 1099 3. Coordinate the transition plan with the independent 1100 living provisions in the case plan and the Individuals with 1101 Disabilities Education Act transition plan for a young adult 1102 with disabilities; and 1103 4. Create a clear and developmentally appropriate notice 1104 specifying the rights of a young adult who is leaving care. The 1105 notice must include information about what services the young 1106 adult may be eligible for and how such services may be obtained. 1107 The plan must clearly identify the young adult’s goals and the 1108 work that will be required to achieve those goals. 1109 (d) Periodic reviews for young adults.— 1110 1. For any young adult who continues to remain in care on 1111 or after reaching 18 years of age, the department and community 1112 based provider shall implement a case review system that 1113 requires: 1114 a. A judicial review at least once a year; 1115 b. The court to maintain oversight to ensure that the 1116 department is coordinating with the appropriate agencies, and, 1117 as otherwise permitted, maintains oversight of other agencies 1118 involved in implementing the young adult’s case plan and 1119 individual education plan; 1120 c. The department to prepare and present to the court a 1121 report, developed in collaboration with the young adult, 1122 addressing the young adult’s progress in meeting the goals in 1123 the case plan and individual education plan, and shall propose 1124 modifications as necessary to further those goals; 1125 d. The court to determine whether the department and any 1126 service provider under contract with the department is providing 1127 the appropriate services as identified in the case plan and any 1128 individual education plan. If the court decides that the young 1129 adult is entitled to additional services in order to achieve the 1130 goals enumerated in the case plan, under the department’s 1131 policies, or under a contract with a service provider, the court 1132 may order the department to take action to ensure that the young 1133 adult receives the identified services and remediation for any 1134 failure to timely provide identified services; and 1135 e. The young adult or any other party to the dependency 1136 case may request an additional hearing or review. 1137 2. In all permanency hearings or hearings regarding the 1138 transition of the young adult from care to independent living, 1139 the court shall consult, in an age-appropriate manner, with the 1140 young adult regarding the proposed permanency, case plan, and 1141 individual education plan for the young adult. 1142 (2) THE COLLEGE BOUND PROGRAM.— 1143 (a) Purpose.—This program is designed for young adults who 1144 are 18 years of age but are not yet 23 years of age, have 1145 graduated from high school, have been accepted into a college, a 1146 Florida College System institution, or a vocational school, and 1147 need minimal support from the state other than the financial 1148 resources to attend college. 1149 (b) Eligibility; termination; and reentry.— 1150 1. A young adult who has earned a standard high school 1151 diploma or its equivalent as described in s. 1003.43 or s. 1152 1003.435, has earned a special diploma or special certificate of 1153 completion as described in s. 1003.438, or has been admitted for 1154 full-time enrollment in an eligible postsecondary educational 1155 institution as defined in s. 1009.533, and is 18 years of age 1156 but is not yet 23 years of age is eligible for the College Bound 1157 Program if he or she: 1158 a. Was living in care on his or her 18th birthday or is 1159 currently living in care, or, after reaching 16 years of age, 1160 was adopted from care or placed with a court-approved dependency 1161 guardian and has spent a minimum of 6 months in care within the 1162 12 months immediately preceding such placement or adoption; and 1163 b. Spent at least 6 months in care before reaching his or 1164 her 18th birthday. 1165 2. A young adult with a disability may attend school part 1166 time and be eligible for this program. 1167 3. A stipend is available to a young adult who is 1168 considered a full-time student or its equivalent by the 1169 educational institution in which he or she is enrolled, unless 1170 that young adult has a recognized disability preventing full 1171 time attendance. The amount of the award shall be determined 1172 based on an assessment of the funding needs of the young adult. 1173 This assessment must consider the young adult’s living and 1174 educational costs based on the actual cost of attendance, and 1175 other grants, scholarships, waivers, earnings, or other income 1176 to be received by the young adult. An award is available only to 1177 the extent that other grants and scholarships are not sufficient 1178 to meet the living and educational needs of the young adult, but 1179 an award may not be less than $25 in order to maintain Medicaid 1180 eligibility for the young adult as provided in s. 409.903. 1181 4. An eligible young adult may receive a stipend for the 1182 subsequent academic years if, for each subsequent academic year, 1183 the young adult meets the standards by which the approved 1184 institution measures a student’s satisfactory academic progress 1185 toward completion of a program of study for the purposes of 1186 determining eligibility for federal financial aid under the 1187 Higher Education Act. Any young adult who is placed on academic 1188 probation may continue to receive a stipend for one additional 1189 semester if the approved institution allows the student to 1190 continue in school. If the student fails to make satisfactory 1191 academic progress in the semester or term subsequent to the term 1192 in which he received academic probation, the stipend assistance 1193 is discontinued for the period required for the young adult to 1194 be reinstated by the college or university. Upon reinstatement, 1195 a young adult who has not yet reached 23 years of age may 1196 reapply for financial assistance. 1197 (3) EMERGENCY ASSISTANCE.—A young adult in the Foundations 1198 First Program or the College Bound Program may apply to the 1199 community-based care provider for financial assistance for an 1200 unexpected or extraordinary expense. 1201 (4) APPEAL PROCESS.— 1202 (a) The Department of Children and Family Services shall 1203 adopt a procedure by which a young adult may appeal an 1204 eligibility determination, the department’s failure to provide 1205 Road-to-Independence Program services, or the termination of 1206 such services, if funds for such services or stipend are 1207 available. 1208 (b) The procedure must be readily accessible to young 1209 adults, must provide for timely decisions, and must provide for 1210 an appeal to the department. The decision of the department 1211 constitutes final agency action and is reviewable by the court 1212 as provided in s. 120.68. 1213 (5) PORTABILITY.—The services provided under this section 1214 are portable across county and state lines. 1215 (a) The services provided for in the original transition 1216 plan shall be provided by the county where the young adult 1217 resides but shall be funded by the county where the transition 1218 plan was initiated. The care managers of the county of residence 1219 and the county of origination must coordinate to ensure a smooth 1220 transition for the young adult. 1221 (b) If a child in care under 18 years of age is placed in 1222 another state, the sending state is responsible for care 1223 maintenance payments, case planning, including a written 1224 description of the programs and services that will help a child 1225 16 years of age or older prepare for the transition from care to 1226 independence, and a case review system as required by federal 1227 law. The sending state has placement and care responsibility for 1228 the child. 1229 (c) If a young adult formerly in care moves to another 1230 state from the state in which he or she has left care due to 1231 age, the state shall certify that it will provide assistance and 1232 federally funded independent living services to the young adult 1233 who has left care because he or she is 18 years of age. The 1234 state in which the young adult resides is responsible for 1235 services if the state provides the services needed by the young 1236 adult. 1237 (6) ACCOUNTABILITY.— 1238 (a) The community-based care lead agencies and their 1239 contracted providers shall report the following information to 1240 the department: 1241 1. Out of the total number of young adults who remain in 1242 care upon reaching 18 years of age, the number of young adults 1243 who do not have a high school diploma or its equivalent, a 1244 special diploma, or a certificate of completion. Out of those 1245 young adults without a diploma or its equivalent, a special 1246 diploma, or a certificate of completion, the number of young 1247 adults who are receiving assistance through tutoring and other 1248 types of support. 1249 2. Out of the total number of young adults who decided to 1250 remain in care after reaching 18 years of age, a breakdown of 1251 academic and career goals and type of living arrangement. 1252 3. The same information required in subparagraphs 1. and 1253 2., specific to young adults in care with a disability. 1254 4. Out of the total number of young adults remaining in 1255 care, the number of young adults who are enrolled in an 1256 educational or vocational program and a breakdown of the types 1257 of programs. 1258 5. Out of the total number of young adults remaining in 1259 care, the number of young adults who are working and a breakdown 1260 of the types of employment held. 1261 6. Out of the total number of young adults remaining in 1262 care, the number of young adults who have a disability and a 1263 breakdown of how many young adults are in school, are training 1264 for employment, are employed, or are unable to participate in 1265 any of these activities. 1266 7. Evidence that the lead agency has established a working 1267 relationship with the Agency for Workforce Innovation and its 1268 regional workforce boards, the Able Trust, and other entities 1269 that provide services related to gaining employment. 1270 8. Out of the total number of young adults in care upon 1271 reaching 18 years of age, the number of young adults who are in 1272 the Road-to-Independence Program and a breakdown by the schools 1273 or other programs they are attending. 1274 9. Out of the total number of young adults who are in 1275 postsecondary institutions, a breakdown of the types and amounts 1276 of financial support received from sources other than the Road 1277 to-Independence Program. 1278 10. Out of the total number of young adults who are in 1279 postsecondary institutions, a breakdown of the types of living 1280 arrangements. 1281 (b) Each community-based care lead agency shall provide its 1282 report to the department by September 30 of each year. The 1283 department shall compile the reports from each community-based 1284 care lead agency and provide them to the Legislature by December 1285 31 of each year, with the first report due to the Legislature on 1286 December 31, 2012. 1287 (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The 1288 secretary shall establish the Independent Living Services 1289 Advisory Council for the purpose of reviewing and making 1290 recommendations concerning the implementation and operation of 1291 the provisions of s. 39.6015 and the Road-to-Independence 1292 Program. This advisory council shall function as specified in 1293 this subsection until the Legislature determines that the 1294 advisory council can no longer provide a valuable contribution 1295 to the department’s efforts to achieve the goals of the services 1296 designed to enable a young adult to live independently. 1297 (a) Specifically, the advisory council shall assess the 1298 implementation and operation of the provisions of s. 39.6015 and 1299 the Road-to-Independence Program and advise the department on 1300 actions that would improve the ability of those Road-to 1301 Independence Program services to meet the established goals. The 1302 advisory council shall keep the department informed of problems 1303 being experienced with the services, barriers to the effective 1304 and efficient integration of services and support across 1305 systems, and successes that the system of services has achieved. 1306 The department shall consider, but is not required to implement, 1307 the recommendations of the advisory council. 1308 (b) The advisory council shall report to the secretary on 1309 the status of the implementation of the Road-To-Independence 1310 Program; efforts to publicize the availability of the Road-to 1311 Independence Program; the success of the services; problems 1312 identified; recommendations for department or legislative 1313 action; and the department’s implementation of the 1314 recommendations contained in the Independent Living Services 1315 Integration Workgroup Report submitted to the appropriate 1316 substantive committees of the Legislature by December 31, 2012. 1317 The department shall submit a report by December 31 of each year 1318 to the Governor and the Legislature which includes a summary of 1319 the factors reported on by the council and identifies the 1320 recommendations of the advisory council and either describes the 1321 department’s actions to implement the recommendations or 1322 provides the department’s rationale for not implementing the 1323 recommendations. 1324 (c) Members of the advisory council shall be appointed by 1325 the secretary of the department. The membership of the advisory 1326 council must include, at a minimum, representatives from the 1327 headquarters and district offices of the Department of Children 1328 and Family Services, community-based care lead agencies, the 1329 Agency for Workforce Innovation, the Department of Education, 1330 the Agency for Health Care Administration, the State Youth 1331 Advisory Board, Workforce Florida, Inc., the Statewide Guardian 1332 Ad Litem Office, foster parents, recipients of services and 1333 funding through the Road-to-Independence Program, and advocates 1334 for children in care. The secretary shall determine the length 1335 of the term to be served by each member appointed to the 1336 advisory council, which may not exceed 4 years. 1337 (d) The department shall provide administrative support to 1338 the Independent Living Services Advisory Council to accomplish 1339 its assigned tasks. The advisory council shall be afforded 1340 access to all appropriate data from the department, each 1341 community-based care lead agency, and other relevant agencies in 1342 order to accomplish the tasks set forth in this section. The 1343 data collected may not include any information that would 1344 identify a specific child or young adult. 1345 (e) The advisory council report required under paragraph 1346 (b), shall include an analysis of the system of independent 1347 living transition services for young adults who reach 18 years 1348 of age while in care prior to completing high school or its 1349 equivalent and recommendations for department or legislative 1350 action. The council shall assess and report on the most 1351 effective method of assisting these young adults to complete 1352 high school or its equivalent by examining the practices of 1353 other states. 1354 (8) PERSONAL PROPERTY. —Property acquired on behalf of a 1355 young adult of this program shall become the personal property 1356 of the young adult and is not subject to the requirements of 1357 chapter 273 relating to state-owned tangible personal property. 1358 Such property continues to be subject to applicable federal 1359 laws. 1360 (9) MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN CARE. 1361 The department shall enroll in the Florida Kidcare program, 1362 outside the open enrollment period, each young adult who is 1363 eligible as described in paragraph (1)(a) and who has not yet 1364 reached his or her 19th birthday. 1365 (a) A young adult who was formerly in care at the time of 1366 his or her 18th birthday and who is 18 years of age but not yet 1367 19 years of age, shall pay the premium for the Florida Kidcare 1368 program as required in s. 409.814. 1369 (b) A young adult who has health insurance coverage from a 1370 third party through his or her employer or who is eligible for 1371 Medicaid is not eligible for enrollment under this subsection. 1372 (10) RULEMAKING.—The department shall adopt rules to 1373 administer this section. The rules shall provide the procedures 1374 and requirements necessary to administer the Road-to 1375 Independence Program. In developing the rules, the department 1376 shall consider that the program is for young adults who remain 1377 in care for an extended period of time or who are planning to 1378 attain post secondary education and accommodate a young adult’s 1379 busy life and schedule. The rules shall make the program easy 1380 for a qualified young adult to access and facilitate and 1381 encourage his or her participation. 1382 Section 6. Subsection (4) of section 409.903, Florida 1383 Statutes, is amended to read: 1384 409.903 Mandatory payments for eligible persons.—The agency 1385 shall make payments for medical assistance and related services 1386 on behalf of the following persons who the department, or the 1387 Social Security Administration by contract with the Department 1388 of Children and Family Services, determines to be eligible, 1389 subject to the income, assets, and categorical eligibility tests 1390 set forth in federal and state law. Payment on behalf of these 1391 Medicaid eligible persons is subject to the availability of 1392 moneys and any limitations established by the General 1393 Appropriations Act or chapter 216. 1394 (4) A child who is eligible under Title IV-E of the Social 1395 Security Act for subsidized board payments, foster care, or 1396 adoption subsidies, and a child for whom the state has assumed 1397 temporary or permanent responsibility and who does not qualify 1398 for Title IV-E assistance but is in foster care, shelter or 1399 emergency shelter care, or subsidized adoption. This category 1400 includes a young adult who is eligible to receive services under 1401 s. 409.1451(5), until the young adult reaches 21 years of age, 1402 without regard to any income, resource, or categorical 1403 eligibility test that is otherwise required. This category also 1404 includes a person who as a child was eligible under Title IV-E 1405 of the Social Security Act for foster care or the state-provided 1406 foster care and who is a participant in the Road-to-Independence 1407 Program. 1408 Section 7. The Department of Children and Family Services 1409 shall format the case plan and the judicial review social 1410 service report consistent with the provisions of ss. 39.6015 and 1411 409.1451, Florida Statutes. 1412 Section 8. Effective October 1, 2011, a child or young 1413 adult who is a participant in the Road-to-Independence Program 1414 may continue in the program as it exists through December 31, 1415 2011. Effective January 1, 2012, a child or young adult who is a 1416 participant in the program shall transfer to the program 1417 services provided in this act and his or her monthly stipend may 1418 not be reduced, the method of payment of the monthly stipend may 1419 not be changed, and the young adult may not be required to 1420 change his or her living arrangement. These conditions shall 1421 remain in effect for a child or young adult until he or she 1422 ceases to meet the eligibility requirements under which he or 1423 she entered the Road-to-Independence Program. A child or young 1424 adult applying or reapplying for the Road-to-Independence 1425 Program on or after October 1, 2011, may apply for program 1426 services only as provided in this act. 1427 Section 9. This act shall take effect October 1, 2011.