Bill Text: FL S1708 | 2022 | Regular Session | Introduced
Bill Title: Child Welfare
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2022-03-04 - Laid on Table, refer to CS/CS/HB 1577 [S1708 Detail]
Download: Florida-2022-S1708-Introduced.html
Florida Senate - 2022 SB 1708
By Senator Garcia
37-01000B-22 20221708__
1 A bill to be entitled
2 An act relating to child welfare; amending s.
3 382.0255, F.S.; requiring the Department of Health to
4 waive fees for certified copies of birth certificates
5 issued to certain unaccompanied homeless youth and
6 young adults; amending s. 409.1452, F.S.; revising
7 requirements for required collaboration among the
8 Board of Governors, the Florida College System, and
9 the Department of Education in working with the
10 Department of Children and Families to assist
11 specified children and young adults; amending s.
12 409.1454, F.S.; revising legislative findings;
13 revising eligibility and requirements for a certain
14 driver education, licensure, and insurance program to
15 include certain unaccompanied homeless youth; revising
16 program operation and administration requirements;
17 amending s. 743.067, F.S.; revising the definition of
18 the term “unaccompanied homeless youth”; specifying
19 certification criteria for unaccompanied homeless
20 youth; authorizing certain unaccompanied homeless
21 youth to use a specified form to receive birth
22 certificates; authorizing health care providers to
23 accept such form for certain purposes; authorizing
24 certain unaccompanied homeless youth to consent to
25 specified medical and other care; amending s. 1001.42,
26 F.S.; requiring district school boards to provide
27 cards that contain specified information to certain
28 unaccompanied homeless youth; specifying requirements
29 for the card; amending s. 1003.01, F.S.; revising the
30 definition of the term “children and youths who are
31 experiencing homelessness”; defining the term
32 “certified unaccompanied homeless youth”; requiring
33 the Office of Program Policy Analysis and Government
34 Accountability to conduct a specified study;
35 specifying the scope of the study; requiring the study
36 to include specified recommendations; requiring the
37 office to consult with specified entities; requiring
38 the office to submit a report on the study to the
39 Legislature by a specified date; providing an
40 effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Subsection (3) of section 382.0255, Florida
45 Statutes, is amended to read:
46 382.0255 Fees.—
47 (3) Fees must shall be established by rule. However, until
48 rules are adopted, the fees assessed pursuant to this section
49 must shall be the minimum fees cited. The fees established by
50 rule must be sufficient to meet the cost of providing the
51 service. All fees must shall be paid by the person requesting
52 the record, are due and payable at the time services are
53 requested, and are nonrefundable, except that, when a search is
54 conducted and no vital record is found, any fees paid for
55 additional certified copies shall be refunded. The department
56 may waive all or part of the fees required under this section
57 for any government entity. The department shall waive all fees
58 required under this section for a certified copy of a birth
59 certificate issued for an unaccompanied homeless youth certified
60 under s. 743.067; for a young adult who is, or was at the time
61 he or she reached 18 years of age, in the custody of the
62 Department of Children and Families; for purposes of an inmate
63 acquiring a state identification card before release pursuant to
64 s. 944.605(7); and for a juvenile offender who is in the custody
65 or under the supervision of the Department of Juvenile Justice
66 and receiving services under s. 985.461.
67 Section 2. Section 409.1452, Florida Statutes, is amended
68 to read:
69 409.1452 Collaboration with Board of Governors, Florida
70 College System, and Department of Education to assist children
71 and young adults who have been or are in foster care or are
72 experiencing homelessness.—Effective July 1, 2013, The
73 Department of Children and Families shall work in collaboration
74 with the Board of Governors, the Florida College System, and the
75 Department of Education to help address the need for a focused
76 and consistent campus-based comprehensive support structure in
77 the academic arena to assist children and young adults who have
78 been or continue to remain in the foster care system or who are
79 experiencing homelessness to succeed in postsecondary education
80 in making the transition from a structured care system into an
81 independent living setting. The State University System of
82 Florida and the Florida College System shall provide
83 postsecondary educational campus liaison coaching positions that
84 will be integrated into Florida College System institutions’ and
85 university institutions’ general support services structure to
86 provide current and former foster care children and young adults
87 who have been or continue to remain in the foster care system or
88 who are experiencing homelessness with dedicated, on-campus
89 support. The Department of Children and Families has the sole
90 discretion to determine which state college or university will
91 offer a campus coaching position, based on departmental
92 demographic data indicating greatest need. These campus liaison
93 coaching positions must shall be employees of the selected
94 educational institutions, and focused on supporting children and
95 young adults who have been or continue to remain in the foster
96 care system or who are experiencing homelessness. The
97 Chancellors of the Florida College System and the Board of
98 Governors shall report annually to the Department of Children
99 and Families specific data, subject to privacy laws, about the
100 children and young adults served by the campus liaisons coaches,
101 including academic progress, retention rates for students
102 enrolled in the program, financial aid requested and received,
103 and information required by the National Youth in Transition
104 Database.
105 Section 3. Section 409.1454, Florida Statutes, is amended
106 to read:
107 409.1454 Motor vehicle insurance and driver licenses for
108 children in care and certified unaccompanied homeless youth.—
109 (1) The Legislature finds that the costs of driver
110 education, licensure and costs incidental to licensure, and
111 motor vehicle insurance for a child in out-of-home care or
112 certain unaccompanied homeless youth certified under s. 743.067
113 after such child obtains a driver license create an additional
114 barrier to engaging in normal age-appropriate activities and
115 gaining independence and may limit opportunities for obtaining
116 employment and completing educational goals. The Legislature
117 also finds that the completion of an approved driver education
118 course is necessary to develop safe driving skills.
119 (2) To the extent that funding is available, the department
120 shall establish a program to pay the cost of driver education,
121 licensure and other costs incidental to licensure, and motor
122 vehicle insurance for a child who has completed a driver
123 education program and who is: children
124 (a) In out-of-home care; or
125 (b) Certified under s. 743.067 as an unaccompanied homeless
126 youth and who is a citizen of the United States or legal
127 resident of this state who have successfully completed a driver
128 education program.
129 (3) If a caregiver, or an individual or not-for-profit
130 entity approved by the caregiver, adds a child to his or her
131 existing insurance policy, the amount paid to the caregiver or
132 approved purchaser may not exceed the increase in cost
133 attributable to the addition of the child to the policy.
134 (4) Payment must shall be made to eligible recipients in
135 the order of eligibility until available funds are exhausted. If
136 a child determined to be eligible reaches permanency status or
137 turns 18 years of age, the program may pay for that child to
138 complete a driver education program and obtain a driver license
139 for up to 6 months after the date the child reaches permanency
140 status or 6 months after the date the child turns 18 years of
141 age. A child may be eligible to have the costs of and incidental
142 to licensure paid if he or she demonstrates that such costs are
143 creating barriers to obtaining employment or completing
144 educational goals, if the child meets any of the following
145 criteria:
146 (a) Is continuing in care under s. 39.6251;, or who
147 (b) Was in licensed care when the child reached 18 years of
148 age and is currently receiving postsecondary education services
149 and support under s. 409.1451(2); or
150 (c) Is an unaccompanied homeless youth certified under s.
151 743.067 who is a citizen of the United States or legal resident
152 of this state and is:
153 1. Completing secondary education;
154 2. Employed at least part time;
155 3. Attending any postsecondary education program at least
156 part time; or
157 4. Has a disability that precludes full-time work or
158 education, may be eligible to have the costs of licensure and
159 costs incidental to licensure paid if the child demonstrates
160 that such costs are creating barriers for obtaining employment
161 or completing educational goals.
162 (5) The department shall contract with a not-for-profit
163 entity whose mission is to support youth aging out of foster
164 care to develop procedures for operating and administering the
165 program, including, but not limited to:
166 (a) Determining eligibility, including responsibilities for
167 the child and caregivers.
168 (b) Developing application and payment forms.
169 (c) Notifying eligible children, caregivers, group homes,
170 and residential programs, local educational agency liaisons for
171 homeless children and youth, and governmental or nonprofit
172 agencies that provide services to homeless children or youth of
173 the program.
174 (d) Providing technical assistance to lead agencies,
175 providers, group homes, and residential programs to support
176 removing obstacles that prevent children in foster care from
177 driving.
178 (e) Publicizing the program, engaging in outreach, and
179 providing incentives to youth participating in the program to
180 encourage the greatest number of eligible children to obtain
181 driver licenses.
182 Section 4. Section 743.067, Florida Statutes, is amended to
183 read:
184 743.067 Certified unaccompanied homeless youths.—
185 (1) DEFINITION.—For purposes of this section, an
186 “unaccompanied homeless youth” is an individual who is 16 years
187 of age or older and is not in the physical custody of a parent
188 or guardian, including a youth who has run away from home, who
189 has been forced to leave his or her home, or whose parents have
190 left the area and left the youth behind.
191 (2) CERTIFICATION.—An unaccompanied homeless youth may
192 become certified if he or she is:
193 (a) Found by a school district’s liaison for homeless
194 children and youths to be an unaccompanied homeless youth
195 eligible for services pursuant to the McKinney-Vento Homeless
196 Assistance Act, 42 U.S.C. ss. 11431-11435; or
197 (b) Believed to qualify as an unaccompanied homeless youth,
198 as that term is defined in the McKinney-Vento Homeless
199 Assistance Act, by:
200 1. The director of an emergency shelter program funded by
201 the United States Department of Housing and Urban Development,
202 or the director’s designee;
203 2. The director of a runaway or homeless youth basic center
204 or transitional living program funded by the United States
205 Department of Health and Human Services, or the director’s
206 designee; or
207 3. A continuum of care lead agency, or its designee.
208 (3)(2) PROOF OF CERTIFICATION.—
209 (a) The State Office on Homelessness within the Department
210 of Children and Families shall develop a standardized form that
211 must be used by the entities specified in subsection (2) (1) to
212 certify qualifying unaccompanied homeless youth. The front of
213 the form must include the circumstances that qualify the youth;
214 the date the youth was certified; and the name, title, and
215 signature of the certifying individual. This section must be
216 reproduced in its entirety on the back of the form.
217 (b) A certified unaccompanied homeless youth may use the
218 completed form to:
219 1. Apply at no charge for an identification card issued by
220 the Department of Highway Safety and Motor Vehicles pursuant to
221 s. 322.051(9).
222 2. Receive a certified copy of his or her birth certificate
223 at no charge under s. 382.0255.
224 (c) A health care provider may accept the completed form or
225 the card issued under s. 1001.42 written certificate as proof of
226 the minor’s status as a certified unaccompanied homeless youth
227 and may keep a copy of the form or card certificate in the
228 youth’s medical file.
229 (4)(3) REMOVAL OF DISABILITIES OF NONAGE.—A certified
230 unaccompanied homeless youth may:
231 (a) petition the circuit court to have the disabilities of
232 nonage removed under s. 743.015. The youth shall qualify as a
233 person not required to prepay costs and fees as provided in s.
234 57.081. The court shall advance the cause on the calendar.
235 (5)(b) MEDICAL AND OTHER CARE.—Notwithstanding s.
236 394.4625(1), a certified unaccompanied homeless youth may
237 consent to medical care;, dental care;, behavioral health care
238 services, including psychological counseling and treatment,
239 psychiatric treatment, and substance abuse prevention and
240 treatment services;, and surgical diagnosis and treatment,
241 including preventative care and care by a facility licensed
242 under chapter 394, chapter 395, or chapter 397 and any forensic
243 medical examination for the purpose of investigating any felony
244 offense under chapter 784, chapter 787, chapter 794, chapter
245 800, or chapter 827, for:
246 (a)1. Himself or herself; or
247 (b)2. His or her child, if the certified unaccompanied
248 homeless youth is unmarried, is the parent of the child, and has
249 actual custody of the child.
250 (6)(4) CONSTRUCTION.—This section does not affect the
251 requirements of s. 390.01114.
252 Section 5. Present subsection (28) of section 1001.42,
253 Florida Statutes, is redesignated as subsection (29), and a new
254 subsection (28) is added to that section, to read:
255 1001.42 Powers and duties of district school board.—The
256 district school board, acting as a board, shall exercise all
257 powers and perform all duties listed below:
258 (28) UNACCOMPANIED HOMELESS YOUTH.—Provide to each student
259 who is an unaccompanied homeless youth certified under s.
260 743.067 a card that includes information on the rights and
261 benefits for such youth, as well as the contact information for
262 the school district’s liaison for homeless children and youths.
263 The card must be similar in size to the student identification
264 card issued to students in the district and include all of the
265 following information:
266 (a) On the front of the card, the following information
267 from the standardized form developed by the Department of
268 Children and Families under s. 743.067(3):
269 1. The circumstances that qualify the youth.
270 2. The date the youth was certified.
271 3. The name, title, and signature of the certifying
272 individual.
273 (b) On the back of the card, the following statement:
274
275 Section 743.067, Florida Statutes, provides that this
276 certified youth may consent to medical care; dental
277 care; behavioral health care services, including
278 psychological counseling and treatment, psychiatric
279 treatment, and substance abuse prevention and
280 treatment services; and surgical diagnosis and
281 treatment, including preventative care and care by a
282 facility licensed under chapter 394, chapter 395, or
283 chapter 397 and any forensic medical examination for
284 the purpose of investigating any felony offense under
285 chapter 784, chapter 787, chapter 794, chapter 800, or
286 chapter 827, for himself or herself or his or her
287 child, if the certified youth is unmarried, is the
288 parent of the child, and has actual custody of the
289 child.
290
291 Section 6. Subsection (12) of section 1003.01, Florida
292 Statutes, is amended, and subsection (17) is added to that
293 section, to read:
294 1003.01 Definitions.—As used in this chapter, the term:
295 (12) “Children and youths who are experiencing
296 homelessness,” for programs authorized under subtitle B,
297 Education for Homeless Children and Youths, of Title VII of the
298 McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et
299 seq., means children and youths who lack a fixed, regular, and
300 adequate nighttime residence, and includes:
301 (a) Children and youths who are sharing the housing of
302 other persons due to loss of housing, economic hardship, or a
303 similar reason; are living in motels, hotels, travel trailer
304 parks, or camping grounds due to the lack of alternative
305 adequate accommodations; are living in emergency or transitional
306 shelters; or are abandoned in hospitals; or are awaiting foster
307 care placement.
308 (b) Children and youths who have a primary nighttime
309 residence that is a public or private place not designed for or
310 ordinarily used as a regular sleeping accommodation for human
311 beings.
312 (c) Children and youths who are living in cars, parks,
313 public spaces, abandoned buildings, bus or train stations, or
314 similar settings.
315 (d) Migratory children who are living in circumstances
316 described in paragraphs (a)-(c).
317 (17) “Certified unaccompanied homeless youth” means a youth
318 certified as an unaccompanied homeless youth pursuant to s.
319 743.067.
320 Section 7. (1) The Office of Program Policy Analysis and
321 Government Accountability (OPPAGA) shall conduct a study to
322 evaluate the effectiveness of campus liaisons provided pursuant
323 to s. 409.1452, Florida Statutes, and of local school districts’
324 delivery of benefits and services required under the McKinney
325 Vento Homeless Assistance Act, 42 U.S.C. ss. 11431-11435. The
326 study’s scope must include, but need not be limited to:
327 (a) Current use of liaisons by all colleges and
328 universities, the number of children and young adults served by
329 such liaisons, the type and prevalence of the services requested
330 by such children and young adults, and the experiences of the
331 students served by the liaisons.
332 (b) Local school districts’ delivery of benefits and
333 services to unaccompanied homeless youth eligible for services
334 under s. 743.067, Florida Statutes, and the McKinney-Vento
335 Homeless Assistance Act and school districts’ adherence to
336 provisions of the act, such as the:
337 1. Ability for an unaccompanied homeless youth to remain in
338 his or her school of origin for the duration of the period the
339 youth is experiencing homelessness and until the end of an
340 academic year in which the youth obtains permanent housing, if
341 remaining in the school of origin is determined to be in the
342 youth’s best interest.
343 2. Extent to which school district liaisons make best
344 interest determinations by considering specific student-centered
345 factors when determining the best school for an unaccompanied
346 homeless youth.
347 3. Ability of unaccompanied homeless youth to receive
348 transportation to the school of origin from the applicable
349 school district.
350 4. Prompt enrollment of an unaccompanied homeless youth in
351 a school or classes while the school of origin arranges for the
352 transfer of school and immunization records and other required
353 enrollment documents to ensure compliance with s. 1003.21(1)(f),
354 Florida Statutes.
355 5. Ability of an unaccompanied homeless youth to
356 participate in all available education programs and
357 extracurricular activities and receive any school services for
358 which the youth meets all relevant eligibility criteria.
359 (2) The study must include recommendations for any changes
360 needed to:
361 (a) Ensure all eligible children and young adults who seek
362 such support receive services.
363 (b) Improve the outcomes of children and young adults who
364 receive services and benefits from campus liaisons or under the
365 McKinney-Vento Homeless Assistance Act.
366 (c) Ensure campus liaisons in local school districts and
367 postsecondary institutions are qualified to provide adequate
368 information and support and are knowledgeable about the relevant
369 programs and benefits that may be accessed by the children and
370 young adults they serve.
371 (3) In conducting the study, OPPAGA shall consult with the
372 Department of Children and Families, the Board of Governors of
373 the State University System, the Florida College System, the
374 Department of Education, local school districts, and any other
375 relevant stakeholders, including, but not limited to, students
376 eligible for the assistance of a liaison.
377 (4) OPPAGA shall submit a report on its findings to the
378 President of the Senate and the Speaker of the House of
379 Representatives by December 1, 2022.
380 Section 8. This act shall take effect July 1, 2022.
