1999 Florida Code
TITLE XXX SOCIAL WELFARE
Chapter 409 Social and Economic Assistance  
409.165   Alternate care for children.

409.165  Alternate care for children.--

(1)  Within funds appropriated, the department shall establish and supervise a program of emergency shelters, runaway shelters, foster homes, group homes, agency-operated group treatment homes, nonpsychiatric residential group care facilities, psychiatric residential treatment facilities, and other appropriate facilities to provide shelter and care for dependent children who must be placed away from their families. The department, in accordance with established goals, shall contract for the provision of such shelter and care by counties, municipalities, nonprofit corporations, and other entities capable of providing needed services if:

(a)  The services so provided are available;

(b)  The services so provided are more cost-effective than those provided by the department; and

(c)  Unless otherwise provided by law, such providers of shelter and care are licensed by the department.

It is the legislative intent that the funds appropriated for the alternate care of children as described in this section may be used to meet the needs of children in their own homes or those of relatives if the children can be safely served in their own homes, or the homes of relatives, and the expenditure of funds in such manner is calculated by the department to be an eventual cost savings over placement of children.

(2)  The department may cooperate with all child service institutions or agencies within the state which meet the rules for proper care and supervision prescribed by the department for the well-being of children.

(3)  With the written consent of parents, custodians, or guardians, or in accordance with those provisions in chapter 39 that relate to dependent children, the department, under rules properly adopted, may place a child:

(a)  With a relative;

(b)  With an adult nonrelative approved by the court for long-term custody;

(c)  With a person who is considering the adoption of a child in the manner provided for by law;

(d)  When limited, except as provided in paragraph (b), to temporary emergency situations, with a responsible adult approved by the court;

(e)  With a person or agency licensed by the department in accordance with s. 409.175; or

(f)  In an independent living situation, subject to the provisions of subsection (4),

under such conditions as are determined to be for the best interests or the welfare of the child. Any child placed in an institution or in a family home by the department or its agency may be removed by the department or its agency, and such other disposition may be made as is for the best interest of the child, including transfer of the child to another institution, another home, or the home of the child. Expenditure of funds appropriated for out-of-home care can be used to meet the needs of a child in the child's own home or the home of a relative if the child can be safely served in the child's own home or that of a relative if placement can be avoided by the expenditure of such funds, and if the expenditure of such funds in this manner is calculated by the department to be a potential cost savings.

(4)(a)  State foster care funds shall be used to establish a continuum of an array of independent living services to assist adolescent foster children to develop skills that will contribute to a successful transition to adulthood. The continuum must provide adolescent foster children with options that range from assisted living in a group home to fully independent living, depending on the skills and maturity of the adolescent foster child. Services may include, but are not limited to, education and vocational training, homemaking skills, money management, social skills training, and developing personal support systems.

(b)  As a part of the continuum for independent living services, the department shall establish an independent living program in which a minor 16 years of age or older lives independent of the daily care and supervision of a responsible adult, in a setting that need not be licensed under the provisions of s. 409.175, provided the following conditions exist:

1.  Independent living arrangements established for a child must be part of an overall plan leading to the total independence of the child from department supervision. The plan must include, but is not limited to: a description of the skills of the minor and a plan for learning additional identified skills; the behavior that the minor has exhibited that indicates an ability to be responsible and a plan for developing additional responsibilities, as appropriate; a plan for future educational, vocational, and training skills; present financial and budgeting capabilities and a plan for improving resources and ability; description of the proposed residence; documentation that the child understands the specific consequences of his or her conduct in the independent living program; documentation of proposed services by the department and other agencies, including the type of service, and nature and frequency of contact; and a plan for maintaining or developing relationships with the family, other adults, friends, and the community, as appropriate.

2.  Foster care payments in an amount established by the department may be made directly to children under direct supervision of a caseworker or other responsible adult approved by the department in independent living situations who meet the requirements for continued foster care. Individuals who meet the criteria for continued foster care as specified in s. 409.145(3) may also remain eligible for foster care payments.

(c)  The department shall establish procedures and criteria to assess and determine a child's ability to demonstrate independent living skills.

History.--s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 3, ch. 76-168; s. 275, ch. 77-147; s. 1, ch. 77-457; s. 6, ch. 78-433; s. 102, ch. 79-164; ss. 2, 3, ch. 81-318; ss. 2, 3, 4, ch. 83-250; s. 40, ch. 88-337; s. 4, ch. 91-183; ss. 3, 4, ch. 93-115; ss. 48, 53, ch. 94-164.