Florida 2022 Regular Session

Florida House Bill H0757 Latest Draft

Bill / Introduced Version Filed 11/30/2021

                               
 
HB 757  	2022 
 
 
 
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A bill to be entitled 1 
An act relating to foster youth internship program; 2 
creating s. 409.1455, F.S.; providing a short title; 3 
establishing the Step Into Success internship program 4 
within the Department of Children and Families for 5 
eligible foster youth; requiring the program t o 6 
include qualified designated personnel who are 7 
responsible for specified services; requiring that 8 
eligible foster youth receive priority consideration 9 
for certain internship positions; defining terms; 10 
requiring the department to establish an internship 11 
program by a specified date; requiring the department 12 
to designate and ensure sufficient qualified staff to 13 
implement and maintain the program; requiring the 14 
department to prepare written educational and training 15 
materials by a specified date and update the materials 16 
at least annually; requiring the department to provide 17 
training and written materials to designated 18 
personnel; requiring the department to provide certain 19 
written materials to foster youth; requiring lead 20 
agencies to ensure such materials are pr ovided to 21 
subcontracted providers; requiring the department to 22 
advertise and promote the program; requiring the 23 
department to provide specified training to foster 24 
youth; requiring such training to be provided in 25     
 
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addition to other specified training; author izing the 26 
development of such training by or in collaboration 27 
with specified entities; providing construction; 28 
requiring the department to develop and provide 29 
trauma-informed training to mentors; requiring the 30 
department to provide assistance with the prog ram's 31 
administrative and procedural requirements to 32 
interested foster youth; requiring the department to 33 
publicize internship opportunities and inform foster 34 
youth of where to locate the information; requiring 35 
the department to assess the career interests of 36 
foster youth; requiring the department to ensure 37 
internships comply with the Fair Labor Standards Act; 38 
requiring the department to collaborate with specified 39 
entities to establish a system by a specified date for 40 
secondary institutions to award college credits; 41 
requiring the department to conduct follow -up 42 
interviews with participating foster youth within a 43 
specified timeframe and for a specified purpose; 44 
requiring the department to submit data from such 45 
interviews by a specified date annually for inclus ion 46 
in a specified report; requiring the department to 47 
gather and compile feedback from mentors assigned to 48 
participating foster youth or personnel from 49 
participating agencies for a specified purpose; 50     
 
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requiring the department to submit compiled mentor 51 
feedback by a specified date annually for inclusion in 52 
a specified report; requiring the department to 53 
collaborate with the Florida Institute for Child 54 
Welfare in preparation of an annual report; requiring 55 
approved agencies to provide and monthly update a list 56 
of open employment opportunities for which eligible 57 
foster youth may apply; requiring approved agencies to 58 
offer foster youth priority consideration under 59 
certain circumstances; requiring approved agencies to 60 
recruit mentors to work with participating fos ter 61 
youth employed through the program; providing 62 
requirements for such mentors; specifying payment 63 
procedures and requirements for mentors; requiring 64 
approved agencies to implement certain procedures 65 
before discharging foster youth; requiring approved 66 
agencies to provide feedback and collaborate in 67 
preparation of a specified report; limiting the 68 
timeframe for foster youth participation in the 69 
internship program; authorizing the continued 70 
employment of foster youth under certain conditions; 71 
specifying conditions of employment for foster youth 72 
as interns; requiring a foster youth to meet 73 
eligibility requirements at the time of applying for 74 
an internship position; requiring foster youth to 75     
 
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complete specified training within certain timeframes; 76 
authorizing the department or designated lead agencies 77 
or subcontracted providers to determine if an 78 
interested foster youth needs to complete training 79 
before applying; requiring that foster youth be 80 
classified as other-personal-services employees; 81 
specifying prerequisite conditions for discharging a 82 
foster youth intern; limiting the number of hours per 83 
week a foster youth may work; requiring foster youth 84 
to spend certain stipend funds for specific purposes 85 
and comply with certain dress code requirements; 86 
applying employment protections to foster youth 87 
employed through the internship program; excluding 88 
compensation earned under the internship program from 89 
the definition of earned income for calculating 90 
economic self-sufficiency benefits; specifying 91 
requirements and conditio ns for foster youth to earn 92 
college credit for work performed in the internship 93 
program; granting postsecondary educational 94 
institutions with discretion to determine 95 
administrative compliance requirements; requiring 96 
approved agencies to cooperate with post secondary 97 
educational institutions to provide specified 98 
information; requiring the Florida Institute for Child 99 
Welfare to submit an annual report to the Governor and 100     
 
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the Legislature within a certain timeframe; providing 101 
requirements for the report; requiri ng the department 102 
and approved agencies to adopt rules; amending s. 103 
414.56, F.S.; revising the duties of the Office of 104 
Continuing Care within the department to include 105 
establishing and operating an internship program; 106 
providing appropriations; providing an effective date. 107 
 108 
Be It Enacted by the Legislature of the State of Florida: 109 
 110 
 Section 1.  Section 409.1455, Florida Statutes, is created 111 
to read: 112 
 409.1455  Internship program for foster youth. — 113 
 (1)  SHORT TITLE.—This section may be cited as the "St ep 114 
Into Success Act." 115 
 (2)  CREATION.—There is established the Step Into Success 116 
internship program to be administered by the department for 117 
eligible foster youth to develop essential workforce and 118 
professional skills in furtherance of their careers, to 119 
transition from the custody of the department to independent 120 
living, and to become best prepared for an independent and 121 
successful future. The establishment of this program must 122 
include qualified designated personnel whose responsibilities 123 
are to provide the required services to approved agency liaison 124 
personnel and eligible foster youth in accordance with this 125     
 
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section. An eligible foster youth must receive priority 126 
consideration for any internship positions as provided under 127 
this section. 128 
 (3)  DEFINITIONS.—For purposes of this section, the term: 129 
 (a)  "Approved agency" means one of the following agencies 130 
that may participate in the internship program by employing 131 
eligible foster youth: 132 
 1.  The Department of Children and Families; 133 
 2.  The Department of Heal th; 134 
 3.  The Agency for Health Care Administration; 135 
 4.  The Department of Education; 136 
 5.  The Department of Environmental Protection; 137 
 6.  The Fish and Wildlife Conservation Commission; and 138 
 7.  The Division of the State Fire Marshal within the 139 
Department of Financial Services. 140 
 (b)  "Community-based care lead agency" has the same 141 
meaning as in s. 409.986(3)(d). 142 
 (c)  "Florida Institute for Child Welfare" means the 143 
institute established within the Florida State University 144 
College of Social Work under s. 10 04.615. 145 
 (d)  "Foster youth" means an individual older than 16 years 146 
of age but younger than 26 years of age who is currently or was 147 
previously placed in foster care within this state. 148 
 (e)  "Priority consideration" means the approved agency 149 
must invite a foster youth who is eligible to participate in the 150     
 
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internship program to be interviewed for any position for which 151 
he or she meets the minimum qualifications. 152 
 (4)  PROGRAM REQUIREMENTS OF THE DEPARTMENT. —The department 153 
shall establish an internship progra m for foster youth which 154 
begins operations on or before January 1, 2023, and complies 155 
with all of the following requirements: 156 
 (a)  Designate and ensure that there is sufficient 157 
qualified staff to implement and maintain operation of the 158 
internship program. 159 
 (b)  By November 1, 2022, prepare written educational and 160 
training materials for foster youth, including a toolkit to 161 
explain the internship program process, resources to assist in 162 
participating in the internship and entering the professional 163 
workforce, and guidance on securing an internship position and 164 
update the material thereafter at least once annually. Resources 165 
may include, but are not limited to, workshops and materials to 166 
assist with preparing resumes and staff assistance with securing 167 
internship positions. 168 
 (c)  Provide all relevant training and written materials on 169 
the internship program to designated personnel within the 170 
approved agencies and any other relevant tools to such agencies 171 
to ensure successful participation in the program. 172 
 (d)  Provide written materials to foster youth to ensure 173 
that all such youth are informed of the requirements for 174 
participating in the program and the contact information for the 175     
 
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program office. All community -based care lead agencies shall 176 
ensure that any subcontra cted providers that directly serve 177 
youth are also provided with the training and written materials. 178 
 (e)  Advertise and promote the availability of the 179 
internship program to engage as many eligible foster youths as 180 
possible. 181 
 (f)  Provide to eligible foste r youth a minimum of 2 hours 182 
of training relating to interview skills and a minimum of 4 183 
hours of training relating to professional and leadership 184 
development skills that are relevant to performing the functions 185 
required of the positions offered by partici pating approved 186 
agencies. The training required in this paragraph must be 187 
provided in addition to any other life skills or employment 188 
training required by law and may be developed or administered by 189 
the department, community -based care lead agencies, or th e lead 190 
agencies' subcontracted providers or through collaboration with 191 
the approved agencies, colleges or universities, or non -profit 192 
organizations in the community that have workforce training 193 
resources. This paragraph may not be construed to limit the 194 
number of hours of training offered in which a foster youth may 195 
participate. 196 
 (g)  Develop and provide a minimum of 1 hour of trauma -197 
informed training to mentors who serve under this section to 198 
ensure that they have the skills necessary to engage with 199 
participating foster youth. 200     
 
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 (h)  Provide assistance with the program's administrative 201 
and procedural requirements to foster youth interested in 202 
participating in the internship program, including, but not 203 
limited to, identifying and monitoring internship opportunities 204 
offered by approved agencies, being knowledgeable of the 205 
training and skills needed to match eligible foster youth to 206 
appropriate roles offered by approved agencies, and assisting 207 
eligible foster youth with applying for employment positions i n 208 
which they meet the minimum required qualifications. 209 
 (i)  Publicize specific opportunities for internship 210 
positions offered by approved agencies in an easily accessible 211 
manner and inform foster youth who may be eligible for the 212 
program of where to locat e such information. 213 
 (j)  Assess each foster youth's career interests and 214 
determine the most appropriate internship opportunities based on 215 
his or her expressed interests. 216 
 (k)  Ensure that internships under this section comply with 217 
the Fair Labor Standards Act. 218 
 (l)  By November 1, 2022, facilitate and work with the 219 
Department of Education, the Board of Governors of the State 220 
University System, the Independent Colleges and Universities of 221 
Florida, the Commission for Independent Education, and approved 222 
agencies to establish a system for secondary institutions to 223 
award college credit toward a degree for internship positions 224 
held by foster youth through the internship program. 225     
 
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 (m)  Conduct follow-up interviews with participating foster 226 
youth within 3 months af ter their employment start date to 227 
ensure participants transition successfully into the work 228 
environment and to gather feedback on how to improve the 229 
experience for future participants. Such data must be submitted 230 
to the Florida Institute for Child Welfare by August 1, 2023, 231 
and by August 1 annually thereafter for inclusion in the report 232 
required under subsection (8). 233 
 (n)  Gather and compile feedback from mentors assigned to 234 
participating foster youth or from other personnel who are 235 
employed by participati ng agencies on how to improve the 236 
experience for both foster youth participants and the approved 237 
agencies that participate in the program. Such data must be 238 
submitted to the Florida Institute for Child Welfare by August 239 
1, 2023, and by August 1 annually th ereafter for inclusion in 240 
the report required under subsection (8). 241 
 (o)  Collaborate with the Florida Institute for Child 242 
Welfare to provide any requested information necessary to 243 
prepare each annual report required under subsection (8). 244 
 (5)  PROGRAM REQUIREMENTS OF APPROVED AGENCIES. —Each 245 
approved agency shall: 246 
 (a)  Provide the department, or the community -based care 247 
lead agencies or the lead agencies' subcontracted providers, 248 
with a list, updated at least monthly, of open employment 249 
opportunities for which an eligible foster youth may apply to 250     
 
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seek employment through the internship program. 251 
 (b)  Offer priority consideration, including an interview, 252 
to any eligible foster youth who applies for an open other -253 
personal-services position pursuant to this se ction, provided he 254 
or she meets all the minimum qualifications for employment in 255 
such position. 256 
 (c)  Recruit employees within approved agencies to serve as 257 
mentors for foster youth employed with such agencies through the 258 
internship program. 259 
 1.  To serve as a mentor, employees must: 260 
 a.  Have worked for the approved agency for a minimum of 1 261 
year; 262 
 b.  Have experience relevant to the employment 263 
responsibilities of the intern; 264 
 c.  Complete a minimum of 1 hour of trauma -informed 265 
training to gain skills critical for successfully engaging youth 266 
who have been involved in the foster care system; and 267 
 d.  Pass a level 2 background screening as provided in s. 268 
435.04 if the employee will be assigned to a foster youth who is 269 
younger than 18 years old and if the employee has not passed 270 
such a screening within the previous 3 years or is not exempt 271 
from such requirement pursuant to s. 435.07. An employee 272 
required to pass a level 2 background screening pursuant to this 273 
sub-subparagraph must submit a full set of his o r her 274 
fingerprints to his or her employing approved agency. The 275     
 
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approved agency shall forward the fingerprints to the Department 276 
of Law Enforcement for state processing, and the Department of 277 
Law Enforcement shall forward the fingerprints to the Federal 278 
Bureau of Investigation for national processing. The department 279 
shall pay the fees for state and federal fingerprint processing. 280 
The fee per each name submitted for processing shall be set at 281 
the same amount as prescribed in s. 943.053(3)(e); however, if 282 
any exceptions in that paragraph for a reduced fee are 283 
applicable, the department may pay the reduced fee under such 284 
circumstances. 285 
 2.  Employees who serve as mentors for a minimum of 6 286 
consecutive months are eligible for a maximum payment of $1,000 287 
per intern per fiscal year, to be issued as follows: 288 
 a.  At the conclusion of the first 6 consecutive months of 289 
service, $500. 290 
 b.  At the conclusion of an additional 6 consecutive months 291 
of service, $500. 292 
 3.  An employee may serve as a mentor for a maximum of 293 
three interns at one time, but may not receive more than $3,000 294 
in compensation per fiscal year for serving as a mentor. Any 295 
time spent serving as a mentor to an intern under this section 296 
counts toward the required minimum service to be eligible for 297 
payments pursuant to subparagraph 2. 298 
 (d)  Engage an intern's assigned mentor and the approved 299 
agency's internship program liaison and, if applicable, document 300     
 
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the intern's failure to comply with a corrective action plan 301 
after being given a reasonable opportunity to do so before 302 
discharging a foster youth employed pursuant to this section. 303 
 (e)  Provide relevant feedback to the department at least 304 
annually for the department to comply with paragraphs (4)(m) and 305 
(n). 306 
 (f)  Collaborate with the Florida Institute for Child 307 
Welfare to provide any requested information necessary to 308 
prepare each annual report required under subsection (8). 309 
 (6)  TIME LIMITATIONS FOR PARTICIPATION. —A foster youth who 310 
obtains employment with an approved agency may participate in 311 
the internship program for no more than 1 year from his or her 312 
start date of employment as an other -personal-services employee 313 
with an approved agency pursuant to this section. A foster youth 314 
may be employed as an intern under the internship program by 315 
more than one approved agency, but may not be employed by more 316 
than one approved agency at the same time. However, an approved 317 
agency may extend the employment of a foster youth beyond the 1 -318 
year internship program in his or her capacity as an other -319 
personal-services employee or may hire the foster youth as a 320 
full-time employee, but the extension of employment or hiring of 321 
a foster youth may not be as an intern pursuant to this section. 322 
 (7)  CONDITIONS OF EMPLOYMENT. —As conditions of employment 323 
as an intern under the i nternship program, a foster youth shall 324 
be subject to all of the following: 325     
 
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 (a)  A participant must meet the definition of foster youth 326 
as defined in paragraph (3)(c) at the time such youth applies 327 
for an internship position with an approved agency. 328 
 (b)  A foster youth must complete the minimum training 329 
requirements provided in paragraph (4)(f) related to 330 
interviewing before an interview with an approved agency and 331 
must complete all other training before commencement of work 332 
within the approved agency. Th e department, or, if designated, 333 
the community-based care lead agencies or the lead agencies' 334 
subcontracted providers, may determine on a case -by-case basis 335 
if an eligible foster youth needs to complete training before he 336 
or she applies for an internship p osition. 337 
 (c)  If offered employment as an intern, a foster youth 338 
must be classified as an other -personal-services employee. 339 
Foster youth who have accepted employment with an approved 340 
agency pursuant to this section may be discharged after the 341 
approved agency has engaged the intern's assigned mentor and the 342 
approved agency's internship program staff to assist the intern 343 
and has documented the intern's failure to comply with a 344 
corrective action plan after being given a reasonable 345 
opportunity to do so. 346 
 (d)  A foster youth may work a maximum of 20 hours per 347 
week. 348 
 (e)  A foster youth shall spend all stipend funds received 349 
for the specific purpose of purchasing business attire or 350     
 
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clothing that is in compliance with the dress code requirements 351 
of the approved agency with which the foster youth is employed. 352 
Notwithstanding any limitation on funds provided to purchase 353 
clothing, foster youth shall comply with any dress code 354 
requirements of the approved agency with which he or she is 355 
employed. 356 
 (f)  A foster youth shall be afforded the employee 357 
protections of all relevant and applicable federal and state 358 
laws, including compensation at minimum wage for any work 359 
performed. Compensation earned pursuant to employment gained 360 
through the internship program may not be con sidered earned 361 
income for purposes of computing eligibility for federal or 362 
state benefits, including, but not limited to, the Supplemental 363 
Nutrition Assistance Program, a housing choice assistance 364 
voucher program, the Temporary Cash Assistance Program, the 365 
Medicaid program, or the school readiness program. 366 
 (g)  A foster youth may, at the discretion of a 367 
postsecondary institution within this state in which such youth 368 
is enrolled, earn college credits toward a degree for work 369 
performed as an intern under the internship program. College 370 
credits earned for work performed under the internship program 371 
may be in addition to any compensation earned for the same work 372 
performed under the internship program and may be awarded for 373 
completion of the whole or any part of the internship program. 374 
An institution has the discretion to determine whether the 375     
 
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foster youth must comply with administrative requirements to be 376 
eligible for college credit, but must treat such positions the 377 
same as if a student obtained employment thro ugh a means other 378 
than the internship program. Approved agencies shall cooperate 379 
with postsecondary educational institutions to provide any 380 
information about internship positions which is necessary to 381 
enable the institutions to determine whether to grant t he 382 
participating foster youth credit toward his or her degree. 383 
 (8)  REPORTS.—By October 1, 2023, and annually thereafter, 384 
the Florida Institute for Child Welfare shall submit a report to 385 
the Governor, the President of the Senate, and the Speaker of 386 
the House of Representatives which evaluates the internship 387 
program, including, but not limited to, whether the program is 388 
in compliance with this section; the outcomes of foster youth 389 
who obtain employment through the internship program; a summary 390 
of the feedback received pursuant to paragraphs (4)(m) and (n) 391 
from participating foster youth and mentors from approved 392 
agencies who have participated in the program; and 393 
recommendations, if any, for actions necessary to improve the 394 
effectiveness and outcomes of the p rogram. 395 
 (9)  RULEMAKING.—The department and approved agencies shall 396 
adopt rules to implement this section. 397 
 Section 2.  Subsection (5) is added to section 414.56, 398 
Florida Statutes, to read: 399 
 414.56  Office of Continuing Care. —The department shall 400     
 
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establish an Office of Continuing Care to ensure young adults 401 
who age out of the foster care system between 18 and 21 years of 402 
age, or 22 years of age with a documented disability, have a 403 
point of contact until the young adult reaches the age of 26 in 404 
order to receive ongoing support and care coordination needed to 405 
achieve self-sufficiency. Duties of the office include, but are 406 
not limited to: 407 
 (5)  Establishing and operating an internship program for 408 
foster youth and complying with the requirements of s. 409 
409.1455(4). 410 
 Section 3.  For the 2022-2023 fiscal year, the sums of 411 
$1,292,378 in recurring funds and $350,376 in nonrecurring funds 412 
are appropriated from the General Revenue Fund to the Department 413 
of Children and Families to implement this act. 414 
 Section 4.  This act shall take effect July 1, 2022. 415