(a) The Legislature recognizes that most children and young adults are resilient and, with adequate support, can expect to be successful as independent adults. Not unlike many young adults, some young adults who have lived in foster care need additional support and resources for a period of time after reaching 18 years of age.
(b) The Legislature finds that while it is important to provide young adults who have lived in foster care with education and independent living skills, there is also a need to focus more broadly on creating and preserving family relationships so that young adults have a permanent connection with at least one committed adult who provides a safe and stable parenting relationship.
(c) It is the intent of the Legislature that young adults who choose to participate in the program receive the skills, education, and support necessary to become self-sufficient and leave foster care with a lifelong connection to a supportive adult through the Road-to-Independence Program, either through postsecondary education services and support, as provided in subsection (2), or aftercare services.
(2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
(a) A young adult is eligible for services and support under this subsection if he or she:
1. Was living in licensed care on his or her 18th birthday or is currently living in licensed care; or was at least 14 years of age and was adopted from foster care or placed with a court-approved dependency guardian after spending at least 6 months in licensed care within the 12 months immediately preceding such placement or adoption;
2. Spent at least 6 months in licensed care before reaching his or her 18th birthday;
3. Earned a standard high school diploma pursuant to s. 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent pursuant to s. 1003.435;
4. Has been admitted for enrollment as a full-time student or its equivalent in an eligible postsecondary educational institution as provided in s. 1009.533. For purposes of this section, the term “full-time” means 9 credit hours or the vocational school equivalent. A student may enroll part-time if he or she has a recognized disability or is faced with another challenge or circumstance that would prevent full-time attendance. A student needing to enroll part-time for any reason other than having a recognized disability must get approval from his or her academic advisor;
5. Has reached 18 years of age but is not yet 23 years of age;
6. Has applied, with assistance from the young adult’s caregiver and the community-based lead agency, for any other grants and scholarships for which he or she may qualify;
7. Submitted a Free Application for Federal Student Aid which is complete and error free; and
8. Signed an agreement to allow the department and the community-based care lead agency access to school records.
(b) The amount of the financial assistance shall be as follows:
1. For a young adult who does not remain in foster care and is attending a postsecondary school as provided in s. 1009.533, the amount is $1,720 monthly.
2. For a young adult who remains in foster care, is attending a postsecondary school, as provided in s. 1009.533, and continues to reside in a licensed foster home, the amount is the established room and board rate for foster parents. This takes the place of the payment provided for in s. 409.145(3).
3. For a young adult who remains in foster care, but temporarily resides away from a licensed foster home for purposes of attending a postsecondary school as provided in s. 1009.533, the amount is $1,720 monthly. This takes the place of the payment provided for in s. 409.145(3).
4. For a young adult who remains in foster care, is attending a postsecondary school as provided in s. 1009.533, and continues to reside in a licensed group home, the amount is negotiated between the community-based care lead agency and the licensed group home provider.
5. For a young adult who remains in foster care, but temporarily resides away from a licensed group home for purposes of attending a postsecondary school as provided in s. 1009.533, the amount is $1,720 monthly. This takes the place of a negotiated room and board rate.
6. A young adult is eligible to receive financial assistance during the months when he or she is enrolled in a postsecondary educational institution.
(c) Payment of financial assistance for a young adult who:
1. Has chosen not to remain in foster care and is attending a postsecondary school as provided in s. 1009.533, shall be made to the community-based care lead agency in order to secure housing and utilities, with the balance being paid directly to the young adult until such time the lead agency and the young adult determine that the young adult can successfully manage the full amount of the assistance.
2. Has remained in foster care under s. 39.6251 and who is attending postsecondary school as provided in s. 1009.533, shall be made directly to the foster parent or group home provider.
3. Community-based care lead agencies or other contracted providers are prohibited from charging a fee associated with administering the Road-to-Independence payments.
(d) Before a young adult receives funding under this subsection, the department, or an agency under contract with the department, shall assess the young adult’s financial literacy and executive functioning, self-regulation, and similar skills that are important for successful independent living and the completion of postsecondary education. The assessment must be included as part of the transition plan required under s. 39.6035. Within a reasonable time after completing the assessment, the department, or an agency under contract with the department, must provide information and referrals for any voluntary services that are recommended by the assessment to the young adult to assist in strengthening any necessary skills.
(e)1. The department must advertise the availability of the stipend and must provide notification of the criteria and application procedures for the stipend to children and young adults leaving, or who were formerly in, foster care; caregivers; case managers; guidance and family services counselors; principals or other relevant school administrators; and guardians ad litem.
2. If the award recipient transfers from one eligible institution to another and continues to meet eligibility requirements, the award shall be transferred with the recipient.
3. The department, or an agency under contract with the department, shall evaluate each Road-to-Independence award for renewal eligibility on an annual basis. In order to be eligible for a renewal award for the subsequent year, the young adult must:
a. Be enrolled for or have completed the number of hours, or the equivalent, to be considered a full-time student under subparagraph (a)4., unless the young adult qualifies for an exception under subparagraph (a)4.
b. Maintain standards of academic progress as defined by the education institution, except that if the young adult’s progress is insufficient to renew the award at any time during the eligibility period, the young adult may continue to be enrolled for additional terms while attempting to restore eligibility as long as progress towards the required level is maintained.
4. Funds may be terminated during the interim between an award and the evaluation for a renewal award if the department, or an agency under contract with the department, determines that the award recipient is no longer enrolled in an educational institution as described in subparagraph (a)4. or is no longer a resident of this state.
5. The department, or an agency under contract with the department, shall notify a recipient who is terminated and inform the recipient of his or her right to appeal.
6. An award recipient who does not qualify for a renewal award or who chooses not to renew the award may apply for reinstatement. An application for reinstatement must be made before the young adult reaches 23 years of age. In order to be eligible for reinstatement, the young adult must meet the eligibility criteria and the criteria for award renewal for the program.
7. The department, or an agency under contract with the department, shall work with the young adult to create a financial plan that is guided by the young adult’s financial goals in meeting his or her needs while in postsecondary education. The financial plan must be included in the transition plan required under s. 39.6035. The department, or an agency under contract with the department, shall review and, if necessary, update the financial plan with the young adult every 6 months until funding under this subsection is no longer provided.
8. The department, or an agency under contract with the department, shall review with the young adult the transition plan required under s. 39.6035 during the year before the young adult graduates from postsecondary education or the year before the young adult reaches 23 years of age, whichever occurs first. The transition plan must include an assessment of the young adult’s current and future needs and challenges for self-sufficiency and address, at a minimum, how the young adult will meet his or her financial needs and obligations when funding under this subsection is no longer provided.
(3) AFTERCARE SERVICES.—
(a)1. Aftercare services are available to a young adult who has reached 18 years of age but is not yet 23 years of age and is:
a. Not in foster care.
b. Temporarily not receiving financial assistance under subsection (2) to pursue postsecondary education.
2. Subject to available funding, aftercare services are also available to a young adult who is between the ages of 18 and 22, and is:
a. Receiving financial assistance under subsection (2), is experiencing an emergency situation, requires services as specified in subparagraph (b)8., and whose resources are insufficient to meet the emergency situation. Such assistance shall be in addition to any amount specified in paragraph (2)(b); or
b. Was placed by a court in out-of-home care pursuant to chapter 39, lived in out-of-home care for at least 6 months after turning 14 years of age, and did not achieve reunification with his or her parent or guardian.
(b) Aftercare services include, but are not limited to, the following:
1. Mentoring and tutoring.
2. Mental health services and substance abuse counseling.
3. Life skills classes, including credit management and preventive health activities.
4. Parenting classes.
5. Job and career skills training.
6. Counselor consultations.
7. Temporary financial assistance for necessities, including, but not limited to, education supplies, transportation expenses, security deposits for rent and utilities, furnishings, household goods, and other basic living expenses.
8. Temporary financial assistance to address emergency situations, including, but not limited to, automobile repairs or large medical expenses.
9. Financial literacy skills training under s. 39.6035(1)(c).
The specific services to be provided under this paragraph shall be determined by an assessment of the young adult and may be provided by the community-based care provider or through referrals in the community.
(c) Temporary assistance provided to prevent homelessness shall be provided as expeditiously as possible and within the limitations defined by the department.
(4) APPEALS PROCESS.—
(a) The department shall have a procedure by which a young adult may appeal the department’s refusal to provide Road-to-Independence Program services or support, or the termination of such services or support if funds for such services or support are available.
(b) The appeal procedure must be readily accessible to young adults, must provide for timely decisions, and must provide for an appeal to the department. The decision of the department constitutes final agency action and is reviewable by the court as provided in s. 120.68.
(5) DEPARTMENT RESPONSIBILITIES.—
(a) The services provided under this section are portable across county lines and between community-based care lead agencies.
1. The service needs that are identified in the original or updated transition plan under s. 39.6035 must be provided by the lead agency where the young adult is currently residing but shall be funded by the lead agency that initiated the transition plan.
2. The lead agency with primary case management responsibilities shall provide maintenance payments, case planning, including a written description of all services that will assist a child 16 years of age or older in preparing for the transition from care to independence, as well as regular case reviews that conform with all federal scheduling and content requirements, for all children in foster care who are placed or visiting out-of-state.
(b) Each community-based care lead agency shall at least annually attempt to contact each young adult who has aged out of foster care, who is potentially eligible for continuing care under s. 39.6251 or for the services available under this section, and who is not participating in any of these services. Through this contact, the lead agency shall communicate the continued availability of these programs and the services of the Office of Continuing Care established under s. 414.56. The lead agency shall also inquire into the young adult’s needs and refer him or her to other programs that may be of assistance.
(c) Each community-based care lead agency must offer services for intensive independent living development for young adults who have aged out of foster care and have the greatest deficits in life skills.
(6) ACCOUNTABILITY.—The department shall develop outcome measures for the program and other performance measures in order to maintain oversight of the program. No later than January 31 of each year, the department shall prepare a report on the outcome measures and the department’s oversight activities and submit the report to the President of the Senate, the Speaker of the House of Representatives, and the committees with jurisdiction over issues relating to children and families in the Senate and the House of Representatives. The report must include:
(a) An analysis of performance on the outcome measures developed under this section reported for each community-based care lead agency and compared with the performance of the department on the same measures.
(b) A description of the department’s oversight of the program, including, by lead agency, any programmatic or fiscal deficiencies found, corrective actions required, and current status of compliance.
(c) Any rules adopted or proposed under this section since the last report. For the purposes of the first report, any rules adopted or proposed under this section must be included.
(7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The secretary shall establish the Independent Living Services Advisory Council for the purpose of reviewing and making recommendations concerning the implementation and operation of s. 39.6251 and the Road-to-Independence Program.
(a) The advisory council shall assess the implementation and operation of the Road-to-Independence Program and advise the department on actions that would improve the ability of the Road-to-Independence Program services to meet the established goals. The advisory council shall keep the department informed of problems being experienced with the services, barriers to the effective and efficient integration of services and support across systems, and successes that the system of services has achieved. The department shall consider, but is not required to implement, the recommendations of the advisory council.
(b)1. The advisory council shall report to the secretary on the status of the implementation of the Road-to-Independence Program, efforts to publicize the availability of the Road-to-Independence Program, the success of the services under the program, problems identified with the program, and recommendations for department or legislative action.
2. The department shall submit a report by December 31 of each year to the Governor, the President of the Senate, and the Speaker of the House of Representatives which includes the recommendations of the advisory council and the department’s response. The report must also include the most recent data regarding the status of and outcomes for young adults who turned 18 years of age while in foster care, relating to education, employment, housing, financial, transportation, health and well-being, and connections, and an analysis of such data and outcomes.
(c) Members of the advisory council shall be appointed by the secretary of the department. The membership of the advisory council must include, at a minimum, young adults who receive services and funding through the Road-to-Independence Program, representatives from the headquarters and regional offices of the department, community-based care lead agencies, the Department of Juvenile Justice, the Department of Commerce, the Department of Education, the Agency for Health Care Administration, the State Youth Advisory Board, CareerSource Florida, Inc., the Statewide Guardian ad Litem Office, foster parents, and advocates for children in care. The secretary shall determine the length of the term to be served by each member appointed to the advisory council, which may not exceed 4 years.
(d) The advisory council may consult with children currently in care and young adults who aged out of care regarding their needs, preferences, and concerns related to preparation for, transition to, and support during independent living.
(e) The department shall provide administrative support to the advisory council to accomplish its assigned tasks. The advisory council shall be afforded access to all appropriate data from the department, each community-based care lead agency, and other relevant agencies in order to accomplish the tasks set forth in this section. The data collected may not include any information that would identify a specific child or young adult.
(8) PERSONAL PROPERTY.—Property acquired on behalf of a young adult in this program shall become the personal property of the young adult and is not subject to the requirements of chapter 273 relating to state-owned tangible personal property. Such property continues to be subject to applicable federal laws.
(9) FINANCIAL ASSISTANCE FOR YOUNG ADULTS RECEIVING SERVICES.—Financial awards to young adults receiving services under subsections (2) and (3) and s. 39.6251 may be disregarded for purposes of determining the eligibility for, or the amount of, any other federal or federally supported assistance for which the department is required to determine eligibility for the program.
(10) MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN CARE.—The department or community-based care lead agency shall document that eligible young adults are enrolled in Medicaid under s. 409.903(4).
(11) FUNDING DURING EMERGENCY.—Notwithstanding the eligibility criteria in subsections (2) and (3), the department may distribute federal funds to all young adults deemed eligible by the funding source in the event of a state or national emergency.
(12) RULEMAKING.—The department shall adopt rules to administer this section.
WETHERELL, J. Appellant seeks review of a “final order” terminating her scholarship under the Road-to-Independence (RTI) Program in section 409.1451(5)(b), Florida Statutes....
...Thus, the jurisdictional question in this case boils down to whether the hearing officer’s “final order” brought the administrative process to a close and constitutes final agency action. We conclude that it does not, based upon the plain language of section 409.1451(5)(e)2., Florida Statutes. Section 409.1451(5) establishes several programs to provide services to young adults formerly in foster care, including the RTI Program described in paragraph (5)(b). Section 409.1451(5)(e)l requires the Department to establish by rule the procedure for the young adult to challenge a decision of the Department concerning eligibility or termination of services under the RTI Program. Section 409.1451(5)(e)2 provides that the procedure “must be readily available to young adults, must provide timely decisions, and must provide an appeal to the Secretary of Children and Family Services ” (emphasis added). The statute also expressly states that “[t]he decision of the secretary constitutes final agency action and is reviewable by the court as provided in s. 120.68.” § 409.1451(5)(e)2., Fla. Stat. The rules adopted by the Department to implement section 409.1451(5)(e) include procedures for a “fair hearing” conducted by a Department hearing officer....
...lished by the Department pursuant to federal regulations. We cannot agree with these arguments. Although the' Department’s rules and section 409.285(2) may contemplate the hearing officer making the final decision in other public assistance cases, section 409.1451(5)(e)2 specifically requires a procedure for challenging the Department’s decision in RTI cases that includes an appeal to the secretary of the Department. Thus, by statute, the administrative process in RTI cases is not complete until the secretary issues his or her decision. Additionally, section 409.1451(5)(e)2 expressly provides that it is the secretary’s decision that is the final agency action subject to judicial review....
...ly valid until invalidated in a section 120.56 rule challenge ..., must give way in judicial proceedings to any contradictory statute that applies”) (internal citations and quotations omitted). We agree with the Department that there is nothing in section 409.1451(5)(e) that requires hearings under the RTI Program to be conducted in accordance with sections 120.569 and 120.57(1), Florida Statutes. And we see no reason why the “fair hearing” system could not be utilized in RTI cases. But section 409.1451(5)(e)2 clearly requires some type of review of the hearing officer’s decision by the secretary of the Department, and it is the secretary’s decision that is the final agency action subject to judicial review. . In sum, based upon the plain language of section 409.1451(5)(e)2, the “final order” entered by the hearing officer is not final agency action and, thus, we lack jurisdiction to consider Appellant’s appeal of that order....
...if it involved the RTI Program, which cannot be determined from the opinion. Pedro v. Dep't of Children & Families, 961 So.2d 940 (Fla. 1st DCA 2007) (table). The second case cited by Appellant suggests that the appeal procedure contemplated by section 409.1451(5)(e)2., Florida Statutes, was followed in that case because the opinion states that the appeal was from a final order of the Department "confirming a Hearing Officer's termination of [RTI] benefits.” Roman v....
...iew of non-final agency action under section 120.68(1). Such review is not warranted, however, because any injury caused by the hearing officer’s order can be remedied on appeal of the decision issued by the Department secretary in accordance with section 409.1451(5)(e)2....
...ot found a provision, which designates DCF and its contractors as the exclusive providers of all the necessary services that foster children, such as Amber, need. In fact, the language of applicable statutes indicates just the opposite. For example, section 409.1451(1)(a), Florida Statutes (2005), requires DCF to provide "independent living transition services" to assist older children in foster care to "make the transition to self-sufficiency as adults;" however, the services provided under this statute do not address the needs of children with developmental disabilities, like Amber. See § 409.1451(4)....
...Chisenhall and Lisa McGlynn, Tallahassee and Charles Fahlbusch, Fort Lauderdale, Assistant Attorneys General, for appellee. Before COPE, SHEPHERD, and SUAREZ, JJ. SUAREZ, J. Felix Roman appeals a final order from the Department of Children and Families confirming a Hearing Officer's termination of benefits pursuant to section 409.1451(b), Florida Statutes (2008), the Road to Independence Program....
...We find that the order of the Department of Children and Families under review is supported by substantial competent evidence. See § 120.68(7)(b), Fla. Stat. (2008). We affirm the order without prejudice to the right of Mr. Roman to apply for reinstatement pursuant to section 409.1451(k)....
...The Department of Children and Families ("DCF") appeals from an order determining that a dependent child, K.D., is eligible to participate in the Road to Independence ("RTI") Program. This program provides financial assistance to former foster children for educational and vocational training. § 409.1451(5)(b)1., Fla....
...K.D. on remand, to give the Department a reasonable opportunity to present evidence and/or argument relating to that issue before deciding it. In reaching this decision, we have considered and rejected K.D.'s argument that the term "foster care" in section 409.1451(2), Florida Statutes, should be read broadly to include the placement of a dependent child with anyone other than a member of her family....
...We grant Appellee's motion for certification pursuant to Florida Rule of Appellate Procedure 9.330(a), and certify the following question to the Florida Supreme Court as one of great public importance: Does the term "foster care" as used in Florida Statute section 409.1451(5)(b), *49 concerning eligibility for the Road to Independence Program, encompass children placed with a non-relative court-approved guardian? QUESTION CERTIFIED....
...In K.D., we said: The Department of Children and Families (“DCF”) appeals from an order determining that a dependent child, K.D., is eligible to participate in the Road to Independence (“RTI”) Program. This program provides financial *1121 assistance to former foster children for educational and vocational training. § 409.1451(5)(b) 1., Fla....
...ineligible for participation in the RTI program or, if a constitutional challenge is raised by K.D. on remand, to give the Department a reasonable opportunity to present evidence and/or argument relating to that issue before deciding it. Id. at 47-48. On remand, Respondent filed her “Motion to Find Florida Statute 409.1451 Unconstitutional As Applied and to Order the Department of Children and Families to Provide RTI Benefits to OLD.].” On July 22, 2011, K.D....
...amp; the Road to Independence Scholarship Program.” However, the child did not qualify for the programs because she had refused to be placed in a foster home and only children who have been in foster care qualify for placement in the programs. See § 409.1451(4)(c)2.a....
...ates the Legislature's intent "for the Department of Children and Family Services to assist older children in foster care and young adults who exit foster care at age 18 in making the transition to independent living and self-sufficiency as adults." § 409.1451(3)(a), Fla. Stat. (2008). When looking at the statutory framework as a whole, it is clear that the Legislature intended the transition process to begin before the age of seventeen. For example, section 409.1451(3)(b)(1), Florida Statutes, requires that a child age thirteen or older be involved in the development of his or her educational and career path, which is to be reviewed at every judicial hearing as part of the case plan. Further, section 409.1451(4)(c), Florida Statutes (2008), states that a child becomes eligible for subsidized independent living services at the age of sixteen....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
