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/SB 1190 INTRODUCER: Children, Families, and Elder Affairs Committee and Senator Garcia and others SUBJECT: Step into Success Workforce Education and Internship Pilot Program DATE: April 24, 2023 REVISED: ANALYST STAFF DIRECTOR REFERENCE ACTION 1. Tuszynski Cox CF Fav/CS 2. Gerbrandt Money AHS Favorable 3. Tuszynski Yeatman FP Favorable Please see Section IX. for Additional Information: COMMITTEE SUBSTITUTE - Substantial Changes I. Summary: CS/SB 1190 creates s. 409.1455, F.S., cited as the “Step into Success Act,” establishing the Step into Success Workforce Education and Internship Program (program) as a three-year pilot administered by the Department of Children and Families’ (DCF) Office of Continuing Care (OCC). The program consists of an independent living professionalism and workforce education component and, for youth that complete that component, an onsite workforce training internship component that uses employees of participating organizations as mentors. The purpose of the program is to assist foster youth transitioning to adulthood to: Develop essential workforce and professional skills; Transition from the custody of the DCF to independent living; and Become best prepared for an independent and successful future. The bill details numerous requirements for the operation of each component of the program as well as for participating organizations, mentors, and foster and former foster youth who participate. Some of the specific requirements are: The program is available to foster and former foster youth between the ages of 16 and 25 who are currently or were previously in foster care. A foster youth may participate in the education component at age 16 years of age or older, but a former foster youth may not begin the internship portion until turning 18 years of age. The internship component matches mentors in participating organizations with the youth participating to ensure that the youth acquire as many skills as possible. Mentors are BILL: CS/SB 1190 Page 2 provided a $1,200 per year payment with a limitation on the number of interns a mentor may be paired with in a given year. The DCF is required to include specific information about the program and recommendations for improvement in an annual report. The DCF must implement the workforce education component on or before January 1, 2024 and the internship component on or before July 1, 2024. The bill provides a monthly financial assistance payment of $1,517 to former foster youth participating in the internship component and ensures that the payment does not count toward income in the determination of federal and state benefit eligibility. Further, the bill provides a specified increase in the stipend payment amount if the youth does have a loss or reduction of any benefits. The bill requires the Board of Governors and State Board of Education to adopt rules and regulations to award postsecondary credit or career education clock hours to program participants. The bill will have significant negative fiscal impact on state government. See Section V. Fiscal Impact Statement. The bill takes effect July 1, 2023. II. Present Situation: Florida’s Child Welfare System 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 (CBC) work with those families to address the problems endangering children, if possible. If the problems cannot be addressed, the child welfare system finds safe out-of-home placements for these children until a permanency option can be identified. Florida Central Abuse Hotline The DCF operates the Florida central abuse hotline (hotline), which accepts reports 24 hours a day, seven days a week of known or suspected child abuse, abandonment, or neglect.1 A child protective investigation begins with a report by any person to the hotline. Law requires any person who knows or suspects that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care, shall report such knowledge or suspicion to the hotline.2 1 Section 39.101(1)(a), F.S. 2 Section 39.201(1)(a), F.S. BILL: CS/SB 1190 Page 3 Once the hotline obtains information from a reporter, the allegations of the report must meet the statutory definition required to trigger a child protective investigation. For a report to be accepted and initiate an investigation the hotline counselor must have reasonable cause to believe that the child is at risk of or was harmed by abuse, abandonment, or neglect.3 Child Protective Investigations The DCF must conduct a child protective investigation if a hotline report meets the statutory definition of child abuse, abandonment, or neglect. An investigation is commenced immediately or within 24 hours after the report is received, depending on the nature of the allegation.4 The child protective investigator assesses the safety and perceived needs of the child and family and whether the child should receive in-home services or be removed and placed in out-of-home care. Community-Based Care Organizations and Services If a child protective investigation results in verified findings of abuse or neglect, the child will receive a case plan and services are provided to the family to address the problems that are endangering the child. The DCF contracts with CBCs for case management, out-of-home care, adoption and other related services. The use of CBCs to provide child welfare services is intended to increase local community ownership of service delivery and design.5 The DCF, through the CBCs, administers a system of care6 for children that is directed toward: Prevention of separation of children from their families; Intervention to allow children to remain safely in their own homes; Reunification of families who have had children removed from their care; Safety for children who are separated from their families; Promoting the well-being of children through emphasis on educational stability and timely health care; Permanency; and Transition to independence and self-sufficiency.7 The CBCs must give priority to services that are evidence-based and trauma informed.8 The CBCs contract with a number of subcontractors for case management and direct care services to children and their families. There are 17 CBCs statewide, which together serve the state’s 20 judicial circuits.9 The CBCs employ case managers that serve as the primary link between the child welfare system and families with children under the DCF’s supervision. Case managers 3 See ss. 39.101(1)(b) and 39.101(2), F.S. 4 Section 39.201(2)(a), F.S. 5 The Department of Children and Families, About Community-Based Care, available at https://www.myflfamilies.com/services/child-family/child-and-family-well-being/community-based-care/about-community- based-care (last visited March 7, 2023) (hereinafter cited as “DCF”). 6 Id. 7 Id.; Also see generally s. 409.988, F.S. 8 Section 409.988(3), F.S. 9 The DCF, Lead Agency Information, available at https://www.myflfamilies.com/services/child-family/child-and-family- well-being/community-based-care/lead-agency-information (last visited March 7, 2023). BILL: CS/SB 1190 Page 4 work with affected families to ensure that a child reaches his or her permanency goal in a timely fashion.10 Transition to Independent Living Sometimes a child’s particular case results in that child not finding permanency through reunification, adoption, or another arrangement and that child transitions to young adulthood while in the care of the DCF. In these instances, the DCF is required to assist children who are transitioning out of foster care to independent living and self-sufficiency, including the requirement to: Identify important life skills that children in out-of-home care should acquire; Develop a list of age-appropriate activities and responsibilities for children and caregivers; Design and disseminate training for caregivers related to building needed life skills; Regularly assess the degree of life skills acquired by each child beginning after the child’s 13th birthday, and support the caregiver in implementing an updated transition plan as necessary; Provide opportunities for children to interact with qualified, trained mentors; and Develop and implement procedures for children of sufficient age and understanding to directly access and manage the personal allowance they receive from the DCF.11 During the year after a child reaches 16 years of age, the DCF and the CBC as well as other specified individuals are required to assist the child in developing a transition plan.12 The plan must include specific resources that the child may use to obtain services, such as housing, health insurance and education, and tasks to establish and maintain naturally occurring mentoring relationships.13 The DCF and CBC are required to periodically meet with the young adult to review and update the transition plan beyond the young adults 18th birthday if the young adult is participating in Independent Living Services.14 Florida provides Independent Living Services to assist young adults in obtaining the skills, education, and support necessary to become self-sufficient after his or her exit from foster care into adulthood.15 The program comprises three main programs: postsecondary education services and support, extended foster care, and aftercare.16 The categories of services to assist in the successful transition to adulthood include: Independent living needs assessment; Academic support; Postsecondary educational support; Career preparation; 10 Section 409.988(1), F.S. 11 Section 409.14515, F.S. 12 Section 39.6035(1), F.S 13 Id. 14 Section 39.6035(5), F.S. 15 Section 409.1451, F.S. The Road-to-Independence program was created in statute in 2002. Over the last 21 years the program has been expanded and added to larger initiatives focused on independent living. Today, the independent living services provided under Road-to-Independence are generally referred to as “Independent Living Services” as the overall construction of the program has grown outside of s. 409.1451, F.S., and the term “Road-to-Independence” is rarely used. 16 See generally ss. 409.1451 and 39.6251, F.S. BILL: CS/SB 1190 Page 5 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; Supervised independent living; Room and board financial assistance; Education financial assistance: and Other financial assistance.17 Postsecondary Education Services and Support (PESS) PESS is a program that provides monthly financial support for foster youth to secure housing, utilities, and assist with cost of living while attending certain postsecondary educational institutions.18 A young adult is eligible for PESS if certain criteria are met, including: Specified criteria with respect to when the child was living in foster care; Earned a standard high school diploma;19 Has been admitted for enrollment as a full-time20 student or its equivalent in an eligible postsecondary institution as provided in s. 1009.533, F.S.;21 Has reached 18 years of age, but is not yet 23 years of age; Has applied for any other grants and scholarships for which he or she may qualify; Submitted a complete and error-free Free Application for Federal Student Aid; and Signed an agreement to allow the DCF and the CBC to access his or her school records.22 17 Daniel Kids, Florida’s Independent Living Resource Center, available at https://www.danielkids.org/our- programs/floridas-i-l-resource-center/ (last visited March 7, 2023) (hereinafter cited as “Daniel”). 18 The DCF, Postsecondary Education Services and Support (PESS), available at https://www.myflfamilies.com/services/child-family/independent-living/youth-young-adults/postsecondary-education- services-and (last visited March 7, 2023). 19 Pursuant to s. 1002.3105(5), F.S., s. 1003.4281, F.S., or s. 1003.4282, F.S., or its equivalent pursuant to s. 1003.435, F.S. 20 Section 409.1451(2)(a)4., F.S., defines “full-time” as 9 credit hours or the vocational school equivalent. 21 Section 1009.533, F.S., provides for eligible postsecondary education institutions, including: (1) a Florida public university, Florida College System institution, or career center; (2) An independent Florida college or university that is accredited by an accrediting association whose standards are comparable to the minimum standards required to operate an institution at that level in Florida and which has operated in the state for at least 3 years; (3) an independent Florida postsecondary education institution that is licensed by the Commission for Independent Education and meets other specified criteria; (4) a Florida independent postsecondary education institution that offers a nursing diploma approved by the Board of Nursing; and (5) A Florida independent postsecondary education institution that is licensed by the Commission for Independent Education. 22 Section 409.1451(2)(a), F.S. BILL: CS/SB 1190 Page 6 Extended Foster Care A child who is living in foster care on his or her 18th birthday and who has not achieved permanency in accordance with s. 39.621, F.S.,23 is eligible to remain in licensed care under the care of the DCF and the jurisdiction of the court if he or she is: Completing secondary education or equivalent program; Enrolled in a postsecondary or vocational education institution; Participating in a program to eliminate barriers to employment; Employed for at least 80 hours per month; or Unable to participate in any of the above-listed programs or activities.24 A young adult25 who participates in extended foster care must reside in a DCF-approved supervised living environment. The young adult must live independently in this approved placement, but the DCF and CBC must provide the young adult with supervision, case management, and supportive services.26 Aftercare Services Aftercare services are available for a young adult who has reached 18 years of age but is not yet 23 years of age and is: Not in foster care. Temporarily not receiving financial assistance to pursue postsecondary education.27 The specific aftercare services to be provided are determined by an assessment of an eligible young adult, and may include, in part: Mentoring and tutoring; Mental health services and substance abuse counseling; Life skills classes; Parenting classes; Job and career skills training; Counselor consultations; Temporary assistance for necessities and emergency situations; and Financial literacy skills training.28 23 Section 39.621(3), F.S., provides that the permanency goals available under ch. 39, F.S., listed in order of preference, are reunification; adoption, if a petition for termination of parental rights has been or will be filed; permanent guardianship of a dependent child under s. 39.6221, F.S.; permanent placement with a fit and willing relative under s. 39.6231, F.S.; or placement in another planned permanent living arrangement under s. 39.6241, F.S.