The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 564
INTRODUCER: Fiscal Policy Committee; Children, Families, and Elder Affairs Committee and Senator
Garcia and others
SUBJECT: Young Adult Aftercare Services
DATE: February 28, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Rao Tuszynski CF Fav/CS
2. Sneed McKnight AHS Favorable
3. Rao Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE – Substantial Changes
I. Summary:
CS/CS/SB 564 expands the eligibility for receiving Aftercare services subject to available
funding. If a young adult between the ages of 18 and 22 receives Postsecondary Education
Services and Support (PESS), requires temporary financial assistance for emergency situations,
and was placed in out-of-home care for at least six months after turning 14 years of age and did
not achieve reunification with his or her parent or guardian, they may be eligible for receiving
Aftercare services upon available funding. This will allow more young adults to access needed
services.
The bill permits the Department of Children and Families (DCF) to distribute federal funds to all
young adults deemed eligible by the funding source in the event of a state or national emergency
even if the young adult does not meet eligibility requirements for PESS or Aftercare.
The bill is expected to have a significant negative fiscal impact on state government. See Section
V. Fiscal Impact Statement.
The bill takes effect July 1, 2024.
BILL: CS/CS/SB 564 Page 2
II. Present Situation:
Florida’s Child Welfare System
Chapter 39, F.S., creates Florida’s dependency system charged with protecting children who
have been abused, neglected, or abandoned. Florida’s child welfare system identifies children
and families in need of services through reports to the central abuse hotline and child protective
investigations. The Department of Children and Families (DCF) and community-based care lead
agencies (CBCs) work with those families to address the problems endangering children, if
possible. If those identified problems cannot be addressed, the child welfare system finds safe
out-of-home placements for these children.1
When children are placed in out-of-home care, the DCF and CBCs must find safe, permanent
homes for them as quickly as possible. In most cases, children are reunified with their families
upon the parents’ completion of a specific case plan. When reunification is not possible, the DCF
will seek to place a child in a permanent home with relatives or an adoptive home. The DCF
strives to achieve permanency for all children in care before their 18th birthday.2 However, a
child will age out of care at the age of 18 if a permanent placement is not found.3
Young adults who age out of foster care have challenges achieving self-sufficiency. Compared to
young adults without foster care involvement, these young adults are less likely to earn a high
school diploma or GED, or attend college.4 They are more likely to suffer from mental health
problems, have a higher rate of criminal justice system involvement, have difficulty achieving
financial independence, need public assistance, and experience housing instability or
homelessness.5
From October 1, 2022, to September 30, 2023, a total of 801 young adults aged out of Florida’s
foster care system.6
Federal - The Chafee Foster Care Independence Program
States can receive federal reimbursement to assist in providing services to young adults after
aging out of care. The Chafee Foster Care Independence Program (Chafee) is a capped
entitlement for which states are entitled reimbursement for claims it submits to the federal
government, up to a certain level, related to preparing young adults for self-sufficiency. With
federal reimbursement provided by Chafee, a state can provide independent living services and
1
Chapter 39, F.S.
2
Section 39.01, F.S. Section 39.621, F.S., lists the permanency goals in order of preference as 1. reunification; 2. adoption, if
a petition for termination of parental rights has been or will be filed; 3. permanent guardianship; 4. permanent placement with
a fit and willing relative; or 5. placement in another planned permanent living arrangement.
3
Rule 65C-30.022, F.A.C.
4
Gypen, L., Vanderfaeillie, J., et al., “Outcomes of Children Who Grew Up in Foster Care: Systematic-Review”, Children
and Youth Services Review, vol. 76, pp. 74-83, available at http://dx.doi.org/10.1016/j.childyouth.2017.02.035 (last visited
December 11, 2023).
5
Id.
6
Florida Department of Children and Families, Office of Child and Family Well-Being Dashboard, available at:
https://www.myflfamilies.com/ocfw-dashboard (last visited Jan. 4, 2024).
BILL: CS/CS/SB 564 Page 3
support to young adults, such as education, employment, financial management, housing,
emotional support, and connections to caring adults.7
Federal eligibility for Chafee programs includes:
Youth in foster care, ages 14 and older.
Young people in or formerly in foster care, ages 18 to 21, or 23 in some jurisdictions.
Youth who left foster care through adoption or guardianship at age 16 or older.
Youth “likely to age out of foster care” to receive assistance to participate in age appropriate
and normative activities.
In 2022, Florida was allotted $7,175,951 in federal dollars through Chafee to help fund its
independent living services.8
Florida’s Independent Living Services
Florida provides independent living services to young adults to help them transition out of foster
care and to prepare them to become self-sufficient adults. Florida’s independent living services
include EFC, which applies to young adults who were in licensed foster care upon turning 18
years of age.9 Florida also offers two other independent living programs: PESS and Aftercare.
The following table provides information on the eligibility requirements to participate in
Florida’s independent living programs and the services provided by each.
Program Eligibility Services
Young adults who turned 18 in foster care and are: Young adults may choose to
Completing high school or its equivalent; or remain in licensed foster care
Enrolled in college or vocational schooling; or and receive foster care services
Extended Working at least 80 hours per month. until the age of 21 (22 with a
Foster Care disability).
(EFC)10 To stay in EFC, the young adult must:
Meet with a case manager every month.
Continue to participate in a required activity.
Attend court reviews every six months.
1. Young adults who turned 18 in foster care and $1,720 per month for:
Postsecondary spent at least 6 months in licensed out-of-home Housing
Education care before turning 18. Utilities
Services and 2. Young adults who are at least 18 and were Living expenses
Support adopted from foster care after age 16 or were Available until the age 23.
(PESS)11 placed with a court-approved guardian after
spending at least 6 months in licensed foster
7
U.S. Department of Health & Human Services Children’s Bureau, John H. Chafee Foster Care Program for Successful
Transition to Adulthood, available at: https://www.acf.hhs.gov/cb/grant-funding/john-h-chafee-foster-care-independence-
program (last visited Dec. 11 2023).
8
Administration for Children and Families U.S. Department of Health and Human Services, FY 2022 Allotment for Chafee
Foster Care Program for Successful Transition to Adulthood Grants, available at: https://www.acf.hhs.gov/cb/policy-
guidance/pi-23-01 (last visited Jan. 6, 2024).
9
Ch. 2013-178, Laws of Florida
10
Section 39.6251, F.S.
11
Section 409.1451(2), F.S.
BILL: CS/CS/SB 564 Page 4
Program Eligibility Services
care within the 12 months immediately
preceding such adoption or placement; and
Have earned a high school diploma or its
equivalent; and
Are attending a college or vocational
school that is Florida Bright Futures
eligible.
Young adults who turned 18 while in licensed foster Mentoring
care, but are not yet 23, and Tutoring
Are not in EFC; or Substance abuse treatment
Aftercare 12 Are not in PESS. Counseling
Job and career skills training
Temporary financial assistance
for necessities
To prepare an older youth for the possibility of aging out of care, current law requires the DCF
and the CBCs to develop a transition plan with the youth during the year after he or she reaches
16 years of age, with the requirement to update the plan before the youth reaches 18 years of
age.13 The transition plan must provide information on independent living services that are
tailored to the individual needs and plans of the youth, the advantages and disadvantages of
participation in each program, and the financial value of each program.14
The following table shows the total number of young adults receiving independent living
services by program type for the last two state fiscal years (SFY).15
SFY Aftercare EFC PESS
2020-21 366 1498 832
2021-22 433 1418 864
Aftercare Services (Aftercare)
Section 409.1451(3), F.S., allows a young adult to receive Aftercare if he or she turned 18 years
of age while in licensed foster care, but has not yet turned 23 years of age, and:
Is not in EFC; or
Is not receiving PESS.
The Aftercare provided to a young adult is based on a needs assessment and is intended to be
temporary.16 The services are often used as a bridge to EFC and PESS and may include
mentoring, tutoring, mental health, substance abuse, counseling, and financial assistance.17
12
Section 409.1451(3), F.S.
13
Section 39.6035, F.S.
14
Id.
15
Florida Department of Children and Families, Independent Living Services Annual Report February 2023, available at:
https://www.myflfamilies.com/sites/default/files/2023-07/Independent_Living_Services_Report_2022.pdf (last visited Jan. 5,
2024).
16
Id.
17
Id.
BILL: CS/CS/SB 564 Page 5
Aftercare is currently used as a safety net for a young adult who does not meet eligibility criteria
for more long-term independent living programs.18
However, current eligibility requirements for Aftercare limits similarly situated young adults
from accessing needed services by:
Allowing only young adults who were in licensed foster care at the age of 18 to be eligible
for services. Young adults who were placed by the court with a relative, nonrelative, or
another responsible adult are not considered to be in licensed foster care and therefore, are
not eligible for Aftercare even if permanency was not achieved by the age of 18.
Making young adults ineligible for Aftercare if they are in EFC. A young adult in licensed
foster care on his or her 18th birthday can choose to remain in licensed care until the age of
21 (or age 22 if they have a disability).19 While in EFC, the young adult lives independently
but is provided supervision, case management, and supportive services.20 While Aftercare
and EFC offer some overlapping services, young adults in EFC are not eligible to receive
certain financial benefits that only Aftercare provides, such as financial assistance for an
emergency.21
Making young adults ineligible for Aftercare if they are receiving PESS. A young adult who
currently receives PESS is only eligible for temporary financial assistance under Aftercare to
address emergency situations, including, but not limited to, automobile repairs or large
medical expenses.22 However, other Aftercare services, such as tutoring, mentoring, or
financial literacy training, could be beneficial for young adults receiving PESS even if there
is not an emergency.
III. Effect of Proposed Changes:
Section 1 amends s. 409.1451(3), F.S., to expand the number of young adults who may be able
to receive Aftercare services subject to available funding. The bill makes Aftercare available to
a young adult between the ages of 18 and 22 who is:
Receiving Postsecondary Education Supports and Services (PESS) and is experiencing an
emergency situation, requires temporary financial assistance for emergency situations but
lacks the resources to meet the situation.
Was placed and lived in out-of-home care for at least 6 months after turning 14 years of age,
pursuant to a court order under s. 39.811, F.S. but did not achieve reunification with his or
her parent or guardian.
The bill expands the eligibility of young adults to receive funding during emergency situations.
The bill expands this eligibility to permit the Department of Children and Families to distribute
federal funds to all young adults deemed eligible by the funding source in the event of a state or
national emergency, notwithstanding the eligibility criteria established.
Section 2 provides an effective date of July 1, 2024.
18
Id.
19
Section 39.6251, F.S.
20
Id.
21
R 65C-41, F.A.C.; R. 65C-42.003, F.A.C.
22
Section 409.1451(3)(a)2., F.S.
BILL: CS/CS/SB 564 Page 6
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The Department of Children and Families (DCF) submitted a Legislative Budget Issue
for Fiscal Year 2024-2025 requesting additional budget authority to expand eligibility for
several Independent Living programs, including Aftercare Services. In the budget issue
(4002470), the DCF projected that changing the eligibility could result in an additional
1,835 young adults becoming eligible for Aftercare Services in Fiscal year 2024-2025.23
The DCF applied a 15 percent participation rate to determine a projected increase of 275
youth that may participate in Aftercare Services in Fiscal Year 2024-2025. The DCF used
an average monthly financial assistance provided for Aftercare Services of $1,039,24
resulting in a total monthly need of $285,725, or $3,428,700 annually for SB 564.
23
DCF noted the Florida Safe Families Network (FSFN) as the data source for Aftercare Services based on March 2023
payments for services provided 3/1/2023 - 3/31/2023 and number o