Section 65C-28.009 - Transition to Adulthood(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; and4. 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.Fla. Admin. Code Ann. R. 65C-28.009
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 by Florida Register Volume 42, Number 081, April 26, 2016 effective 5/8/2016, Amended by Florida Register Volume 45, Number 137, July 16, 2019 effective 7/29/2019, Amended by Florida Register Volume 48, Number 240, December 13, 2022 effective 12/27/2022.New 5-4-06, Amended 5-8-16, 7-29-19, 12-27-22.