Current through Reg. 50, No. 187; September 24, 2024
(1) Beginning at
age 13, children and young adults in out-of-home care require additional
support and coordination necessary to develop the skills to successfully
transition to adulthood. The additional supports and coordination are typically
provided through independent living services programs; however, most life
skills will be developed through normal day to day activities in the children
and young adults natural living environments.
(a) Independent living services may also be
referenced as transitional services. These types of services encompass a range
of assistance categories, all geared toward preparing children and young adults
for independence. The categories of programs and services to prepare for the
transition to a successful adulthood include independent living needs
assessment, academic support, post-secondary educational support, career
preparation, employment programs or vocational training, budget and financial
management, housing education and home management training, health education
and risk prevention, family support and healthy marriage education, mentoring
and, when young adults are eligible supervised independent living, room and
board financial assistance, education financial assistance, and other financial
assistance.
(b) Children and young
adults with physical, intellectual, emotional, or psychiatric conditions shall
be provided with an equal opportunity to develop life skills and, if eligible,
participate in the continuum of independent living services.
(c) Community-based care lead agencies (CBCs)
must ensure children and young adults are assessed and provided with age or
developmentally appropriate training opportunities to develop independent
living skills. The CBCs shall provide a list of age-appropriate activities and
responsibilities to the child and caregiver to assist with specific life
skills. For older youth, the CBCs must make the youth aware of available
independent living services, community resources, and how to apply for the
services.
(d) Both independent
living informal and formal needs assessments of life skill competency must be
completed to determine the child's or young adult's strengths and needs.
1. Informal assessments shall be conducted
monthly during routine home visits to evaluate progress of the skills developed
based on the child's or young adult's participation in age-appropriate life
activities as defined in Sections
39.4091 and
409.145, F.S. Informal
assessments shall be documented on the "Life Skills Progress Documentation Log,
" CF-FSP 5444, Apr 2019, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10803,
and shall be shared with caregivers for independent living skills
development.
2. Formal assessments
are designed to take inventory of the child or young adult's strengths and
needs regarding independent living skills competency. The child welfare
professional may utilize the child's or young adult's case records or other
life skill assessment tools to conduct the assessment.
a. At minimum, formal independent living
needs assessments shall be administered annually beginning at age 16 years of
age.
b. The outcome of the
assessment shall be the basis of an individualized life skills plan that
details the activities needed for a child's and young adult's preparation to
adulthood.
3. In addition
to self-disclosure from the child or young adult on the development of skills,
a statement regarding the progress shall also be received from the caregiver
and provided in a social study report for judicial review. If a young adult is
not living with a caregiver, a statement on the progress from the child welfare
professional must be included in the social study report for judicial
review.
4. Life skill deficiencies
identified through informal and formal assessments shall be included in a case
plan and when applicable in the transition plan.
5. Formal and informal assessments shall be
uploaded into the child welfare information
system.
(2)
Beginning at age 14, children and young adults in out-of-home care require an
evaluation of their consumer credit history annually to check for accuracy.
(a) CBCs must ensure credit reports are
obtained for each eligible child and young adult from each of the three main
reporting agencies: Transunion, Equifax, and Experian.
(b) CBCs must ensure a copy of the results is
provided to the child or young adult.
(c) CBCs must ensure assistance is provided
regarding interpreting the results of the credit report and when needed
assisting in resolving any inaccuracies.
(d) Credit reports shall be uploaded into the
child welfare information system.
(3) Beginning at age 14, any case plan
development must be in consultation with the child or young adult.
CBCs must ensure the case plan includes a document regarding
the rights of the child or young adult to education, health, visitation, court
participation, and safety.
(4) Beginning at age 15, children and young
adults shall be provided the opportunity to obtain a driver's license or
learner's permit. CBCs must ensure that efforts to assist the youth in
obtaining a driver's license or learners permit are reported to the
court.
(5) Beginning at age 16,
children shall be assisted with developing a transition plan which is to be
finalized and filed with the court at the 16 and 17-year-old's judicial review
hearing required by Section
39.701(3), F.S.
and finalized prior to the youth's 18th birthday.
(a) Children with an identified permanency
goal of Another Planned Permanent Living Arrangement (APPLA) must have the
court's determination that APPLA is the best permanency plan for the child and
why it is not in the child's best interest to return home, be adopted, or be
placed with a legal guardian or fit and willing relative.
(b) The child welfare professional shall
request the court order include the following:
1. The court's inquiry of the child regarding
the desired permanency outcome;
2.
A finding that the CBC has made ongoing efforts to return the child home or
secure a placement with a fit and willing relative, a legal guardian, or an
adoptive parent;
3. A description
of how the child's current placement is following the reasonable and prudent
parent standard; and
4. A finding
that the CBC has provided the child with opportunities to engage in age or
developmentally appropriate activities.
(6) Beginning at age 17, children are to be
provided with the records and resources listed in subparagraphs
39.701(3)
(b)1.-15., F.S. A social study report that supports the exchange of the
required records and resources must be filed with the court.
(7) At age 17, the CBC shall request the
removal of the disability of nonage during the Judicial Review hearing pursuant
to Section 39.701(3), F.S., for youth who are eligible to open a bank account.
Upon receipt of the judicial review order, the CBC and the caregiver shall
assist the youth in opening a bank account and provide financial literacy, such
as budgeting and managing the bank account.
(8) The young adults who have aged out of
care shall be informed annually until the age of 23 of the Office of Continuing
Care, the purpose of the office, the type of support the office provides, and
how to contact the office, pursuant to Section
414.56, F.S., and the aftercare
services. During the annual contact, the CBC staff shall determine if the young
adult is potentially eligible for Extended Foster Care or Postsecondary
Educational Services and Support and inform the young adult of the options for
entering the programs.
(9) Youth in
out of home licensed care shall be provided the knowledge to learn the value
and use of money through an allowance and opportunities for spending and
saving. The concept of earning money and income should also be discussed with
the youth.
(a) To determine if a youth is of
sufficient age and understanding to manage their own allowances, CBCs shall use
information gathered from any informal or formal life skills assessments and
any multidisciplinary team (MDT) or transition staffing that was held for the
youth.
(b) Youth who have been
determined to be of sufficient age and intellectual ability to manage their
allowance shall have the following factors addressed in their "Placement
Transition Plan", CF-FSP 5466, (November 2022), incorporated by reference and
available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14973
and under the financial plan section in the independent living "My Pathways to
Success Plan", CF-FSP 5425, (November 2022), incorporated by reference and
available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14974:
1. The youth's current placement.
2. The caregiver responsible for providing
the allowance.
3. The frequency and
the amount of the allowance provided to the youth.
4. Expiration of allowances if youth
transition to a relative or non-relative placement or is reunified.
5. Collaboration between the caregiver and
the youth in developing independent living skills to address finance and
budgeting to include, but not limited to:
a.
Reviewing the monthly balance with the youth.
b. Discussion on spending and saving the
allowance.
c. Determining who is
responsible for maintaining the youth's
allowance.
(c)
The caregiver and the CBC shall ensure there is a designated individual
responsible for maintaining the allowance for youth who are unable to manage
their allowance.
(d) Allowance.
1. Allowance shall be provided at least
monthly.
2. Allowance shall not be
tied to behavior or completion of chores.
3. Children shall not be expected to use
their allowance to purchase personal hygiene items, school supplies, clothing,
or other necessities.
4. Allowance
shall not be withheld as punishment.
(10) Compliance with subsections (1) through
(8) shall be documented in the child welfare information
system.
Rulemaking Authority
39.012,
39.0121(13),
39.4091 (4),
409.145(5) FS.
Law Implemented 39.4091,
39.6012(3)(c),
39.6035,
39.6251,
39.701,
409.145,
409.14515 FS.
New 5-4-06, Amended 5-8-16, 7-29-19,
12-27-22.
