This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 4/30/2024
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: HB 631 Aftercare Services Under Road-To-Independence Program
SPONSOR(S): Tramont and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 564
FINAL HOUSE FLOOR ACTION: 113Y’s
0N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
HB 631 passed the House on March 6, 2024, as CS/CS/SB 564.
Young adults who age out of the foster care system more frequently have challenges achieving self-sufficiency
compared to young adults who never came to the attention of the foster care system.
The Department of Children and Families (DCF) offers aftercare services for these young people to bridge
gaps in their progress towards self-sufficiency. Under current law, eligibility is focused on individuals who aged
out of foster care at 18 and are under age 23. DCF or a community-based care lead agency determines the
specific aftercare services provided, after an assessment.
The bill expands access to aftercare services, subject to available funding, to young adults who were
previously adjudicated dependent during their childhood, lived in out-of-home care for at least 6 months after
turning age 14, and did not achieve reunification with their parents or guardians.
The bill also authorizes DCF to distribute emergency federal funding to all young adults deemed eligible by the
federal funding source in the event of a state or national emergency.
The bill has a significant, negative fiscal impact on DCF and no fiscal impact on local governments.
The bill was approved by the Governor on April 26, 2024, ch. 2024-112, L.O.F., and will become effective on
July 1, 2024.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
BACKGROUND
Child Welfare System
The Florida Department of Children and Families (DCF) contracts with Community-Based Care Lead
Agencies (CBCs) to provide child protection and child welfare services to children and families in
Florida.
1
There are 18 lead agencies that each cover specific geographic areas within the 20 Judicial
Circuits in Florida. Several lead agencies cover more than one geographic area, and areas may
include one or more counties. DCF contracts with community-based care lead agencies (CBCs) for
case management, out-of-home services, and related services.
When children cannot safely remain at home with parents, Florida’s child welfare system finds safe out-
of-home placements for children. Through December 2023, the Department of Children and Families
(DCF) reports that 19,334 children and young adults were in out-of-home care in Florida.
2,
3
Outcomes pursued by DCF with the CBCs include helping children receive appropriate services to
meet their educational needs and to develop the capacity for independent living and competence as an
adult.
4
Aging Out of Foster Care
A young person ages out of foster care upon that individual’s 18
th
birthday. Young adults who age out
of the foster care system more frequently have challenges achieving self-sufficiency compared to
young adults who never came to the attention of the foster care system. Young adults who age out of
the foster care system are less likely to earn a high school diploma or GED and more likely to have
lower rates of college attendance. They have more mental health problems, have a higher rate of
involvement with the criminal justice system, and are more likely to have difficulty achieving financial
independence. These young adults also have a higher need for public assistance and are more likely to
experience housing instability and homelessness.
5
DCF contracts with community-based care lead agencies (CBCs) in part to help young persons who
grew up in the child welfare system achieve self-sufficiency as competent adults through independent
living programs.
6
Independent Living Programs
The DCF Office of Continuing Care (OCC) helps individuals who have aged out of the child welfare
system until age 26. OCC provides ongoing support and care coordination needed for young adults to
achieve self-sufficiency through food assistance, behavioral health services, housing, Medicaid,
educational services, and workforce development.
7
1
S. 409.986(1)(a), F.S.
2
Office of Child and Family Well-Being, Monthly Trends, Florida Department of Children and Families, (last updated Jan. 10, 2024)
https://www.myflfamilies.com/ocfw-dashboard (last visited Jan. 27, 2024).
3
Ss. 39.4022(6), 39.523(2), F.S.; After a placement assessment to determine the most appropriate out-of-home placement, a child may
be placed in licensed care or with a relative or a non-related individual known to the child, termed “fictive kin”. Licensed care includes
licensed foster parents and group homes or other licensed residential setting.
4
S. 409.986(2), F.S.
5
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, https://www.sciencedirect.com/science/article/abs/pii/S019074091730213X?via%3Dihub (last
visited Mar. 7, 2024).
6
S. 409.986(1), (2), F.S.
7
S. 414.56, F.S.
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OCC uses state and federal funding for independent living programs and services for youth aging out of
foster care. These programs include:
John H. Chafee Foster Care Program for Successful Transition to Adulthood (Chafee).
Extended Foster Care (EFC)
o Social Security Act Payments for Foster Care, Prevention, and Permanency (Title IV-E).
o State Option EFC Requirements under s. 39.6251, F.S.
Road-to-Independence Program under s. 409.1451, F.S.
o Postsecondary Education Supports and Services (PESS)
o Aftercare Services.
Chafee Grants
Chafee provides federal funding to support young adults in or formerly in foster care in their transition to
adulthood. The program is funded through formula grants awarded to child welfare agencies in states
(including the District of Columbia, Puerto Rico and the U.S. Virgin Islands) and participating tribes. The
program is funded at $143 million a year.
8
Chafee funds are used to assist young adults in a wide variety of areas designed to support a
successful transition to adulthood. Activities and programs include, but are not limited to, help with
education, employment, financial management, housing, emotional support and assured connections to
caring adults. Specific services and supports are determined by the child welfare agency, vary by state,
locality and agency, and are often based on the individual needs of the young person. Many state or
local agencies contract with private organizations to deliver services to young people.
9
Eligibility for the program, as outlined in federal law, 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 jurisdiction
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
States and tribes may have additional requirements for eligibility.
10
In 2022, the U.S. allotted $7,175,951 Chafee dollars to Florida for independent living programs.
11
Extended Foster Care
Title IV-E
8
Administration for Children and Families, John H. Chafee Foster Care Program for Successful Transition to Adulthood, U.S.
Department of Health and Human Services, (last updated Jul. 3, 2024) https://www.acf.hhs.gov/cb/grant-funding/john-h-chafee-foster-
care-independence-program (last visited Mar. 7, 2024).
9
Id.
10
Id.
11
Administration for Children and Families, FY 2022 Allotment for Chafee Foster Care Program for Successful Transition to Adulthood
Grants, U.S. Department of Health and Human Services, Attachment A, p. 8 (Feb. 9, 2023)
https://www.acf.hhs.gov/sites/default/files/documents/cb/pi2301.pdf (last visited Mar. 7, 2024).
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Federal Title IV-E supports the provision of foster care, adoption assistance, or guardianship
assistance to children who meet federal eligibility rules. Congress authorizes federal support for Title
IV-E activities on a mandatory, open-ended, and permanent basis.
12
The Fostering Connections to
Success and Increasing Adoptions Act of 2008 allows states to receive federal reimbursement through
Title IV-E for a portion of the costs of extending foster care to certain eligible youth up to age 21. In
January 2019, Florida elected to exercise its option to receive federal reimbursement to provide foster
care services for eligible young adults up to age 21. To be eligible for the program, young adults must
meet Title IV-E eligibility criteria along with the state option requirements.
13
State Option EFC Requirements
A young adult who is living in licensed care on his or her 18th birthday and who has not achieved
permanency may choose to remain under court supervision and the care of DCF through EFC.
14
If the
young adult chooses to remain in care beyond his or her 18th birthday, then the young adult’s
permanency goal becomes transitioning to independence.
15
To this end, a young adult who chooses
EFC must participate in one of four self-sufficiency activities. These four self-sufficiency activities
include:
1. Completing secondary education or a program leading to an equivalent credential;
2. Being enrolled in an institution that provides postsecondary or vocational education;
3. Participating in a program or activity designed to promote or eliminate barriers to employment;
or
4. Being employed for at least 80 hours per month.
However, the child may be excused from the self-sufficiency activities if the child has a documented
physical, intellectual, emotional, or a psychiatric condition that limits the child’s full-time participation.
16
In addition to one or more self-sufficiency activities, the young adult in EFC must independently reside
in a supervised living environment that DCF or a CBC approved. In other words, the young adult must
continue to receive supervision, case management, and supportive services from DCF or a CBC but
live independently in an environment that offers developmentally appropriate freedom and responsibility
to prepare the young adult for adulthood.
17
Meanwhile, the court maintains jurisdiction to ensure that
DCF and CBCs provide services and coordinate with, and maintain oversight of, other agencies
involved in implementing the young adult’s case plan, individual education plan, and transition plan.
18
A supervised living arrangement may include a licensed foster home, licensed group home, college
dormitory, shared housing, apartment, or another housing arrangement approved by CBC that is
acceptable to the young adult. A young adult may continue to reside with the same licensed foster
family or group care provider with whom he or she was residing at the time he or she reached the age
of 18 years.
19
Through December 2023, 785 young adults (18-22) were in out-of-home care in Florida.
20
12
Emilie Stotlzfus, Child Welfare: Purposes, Federal Programs, and Funding, Congressional Research Services, (Updated Mar. 12,
2024) https://crsreports.congress.gov/product/pdf/IF/IF10590 (last visited Mar. 15, 2024).
13
Department of Children and Families, CFOP 170-15, Ch. 6 Extended Foster Care, (Apr. 22, 2022)
https://www.myflfamilies.com/sites/default/files/2022-12/cfop_170-
15_chapter_06_extended_foster_care.pdf#:~:text=Florida%20has%20offered%20Extended%20Foster%20Care%20%28EFC%29%20s
ervices,young%20adults%20up%20to%2021%20years%20of%20age . (last visited Mar. 15, 2024).
14
S. 39.6251(1), F.S.
15
S. 39.6251(3), F.S.
16
S. 39.6251(2), F.S.
17
S. 39.6251(4)(a), F.S.
18
S. 39.6251(8), F.S.
19
S. 39.6251(4)(a), F.S.
20
Supra, FN 2.
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A young adult ages out of EFC when he or she turns 21 (or 22 if the young adult has a disability),
achieves permanency, or knowingly and voluntarily withdraws consent to participate in EFC.
21
Road-to-Independence Program
Current law offers financial assistance to eligible young adults who desire the acquisition of skills,
education, and necessary support to become self-sufficient and exit foster care. Eligible young adults
access financial assistance through PESS or aftercare services.
22
PESS
The PESS stipend helps eligible young adults seek higher education and self-sufficiency. A young adult
age 18-22 becomes PESS eligible once seven other criteria are met. The young adult must have:
1. Turned 18 years of age while in the legal custody of DCF, was adopted from foster care after
the age of 16 after spending at least 6 months in licensed care within the 12 months
immediately preceding the adoption, or was placed with a court-approved permanent guardian
after the age of 16 after spending at least 6 months in licensed care within the 12 months
immediately preceding the permanent guardianship;
2. Spent at least 6 months in licensed care before reaching the young adult’s 18
th
birthday;
3. Earned a standard high school diploma or its equivalent;
4. Admitted for enrollment as a full-time student
23
at an eligible Florida Bright Futures
postsecondary educational institution.;
5. Applied for other grants and scholarships that the eligible young adult qualifies for;
6. Submitted a complete and error-proof Free Application for Federal Student Aid; and
7. Signed an agreement to allow DCF and the CBC lead agency access to school records.
24
After establishing eligibility, DCF determines the PESS stipend amount. Generally, the PESS stipend
amount is $1,720/month. However, if the young adult remains in foster care while attending a
postsecondary school and resides in a licensed foster home, the monthly PESS stipend amount is the
established room and board rate for foster parents. If the young adult remains in foster care while
attending a postsecondary school and resides in a licensed group home, the monthly PESS stipend
amount is negotiated between the CBC lead agency and the licensed group home provider.
25
Before an eligible young adult receives the PESS stipend, DCF or its contracted agency must assess
the young adult’s financial literacy and existing competencies necessary for successful independent
living and the completion of postsecondary education.
26
Eligible young adults receive financial
assistance during the months when they are enrolled in a postsecondary education institution.
27
Aftercare Services
Aftercare services are intended to bridge gaps in an eligible young adult’s progress towards self-
sufficiency. A young adult under age 23 is eligible for aftercare services if he or she reached the age of
21
S. 39.6251(5), F.S.
22
S. 409.1451(1)(c), F.S.
23
Students may enroll part-time if they have a recognized disability or if they secure approval from their academic advisor relating to a
challenge or circumstance preventing full-time enrollment. Otherwise, full-time enrollment requires 9 credit hours or the vocational
school equivalent.
24
S. 409.1451(2)(a), F.S.
25
S. 409.1451(2)(b), F.S.
26
S. 409.1451(2)(d), F.S.
27
S. 409.1451(2)(b), F.S.
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18 while in licensed foster care, is not in Extended Foster Care pursuant to s. 39.6251, F.S., and
temporarily
28
does not receive a PESS stipend.
29
Aftercare services include, but are not limited to:
Mentoring and tutoring.
Mental health services and substance abuse counseling.
Life skills classes, including credit management and preventive health activities.
Parenting classes.
Job and career skills training.
Counselor consultations.
Temporary financial assistance for necessities.
Temporary financial assistance for emergencies like automobile repairs or large medical
expenses.
Financial literary skills training.
30
DCF or a CBC lead agency determines the specific aftercare services provided to eligible young adults
after an assessment.
31
The resulting aftercare services plan is reassessed every 90 days.
32
Subject to
available funding, aftercare services are available to PESS stipend grantees who experience an
emergency situation and whose resources are insufficient to meet the emergency situation.
33
DCF reports that Florida experienced a 13% increase in the total number of young adults receiving
independent living services for FY 2022-23 compared to FY 2021-22.
The table below presents the number of young adults served in each Independent Living program by
each CBC lead agency during the past two fiscal years.
Fiscal Year
Eligible
Population
Actual
Participants
Participation
Rate
Per Youth
Expenditure
Total
Expenditures
2020-2021 3,119 316 10% $2,625 $829,726
2021-2022 3,045 371 12% $3,841 $1,425,261
2022- 2023 3,034 421 14% $4,385 $1,846,401
DCF reports that Florida experienced a 13% increase in the total number of young adults receiving
independent living services for state fiscal year (SFY) 2022-2023 compared to SFY 2021-22.
28
Id. A young adult is eligible to receive a PESS stipend only during the months when he or she is enrolled in a postsecondary
institution.
29
S. 409.1451(3)(a), F.S.; R. 65C-42.003(1), F.A.C.
30
S. 409.1451(3)(b), F.S.
31
Id.
32
R. 65C-42.003(8), F.A.C.
33
S. 409.1451(3)(a), F.S.
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The table below presents the number of young adults served in each Independent Living program by
each CBC during the past two SFYs.
34
Independent Living Outcomes
The federal Children’s Bureau within the U.S. Department of Health & Human Services measures
outcomes on youth and young adults currently or formerly in foster care who received independent
living services supported by federal funds.
35
To this end, the Children’s Bureau’s National Youth in
Transition Database (NYTD) tracks the independent living services each state provides to foster youth
in care and assesses each state’s performance in providing independent living and transition services.
The most recent Florida NYTD data available on DCF’s website is the 2018 report.
36
In the chart below,
the 2018 Florida NYTD documents outcomes related to education, employment, housing, finances and
transportation, health and well-being, and connections.
37
Outcomes of Young Adults who Aged Out of Care
Area Outcome
34
Department of Children and Families, Department of Children and Families Response to the Independent Living Services Advisory
Council 2023 Annual Report, p. 6 (Dec. 31, 2023) https://www.myflfamilies.com/services/child-family/lmr (last visited Mar. 7, 2024).
35
Children’s Bureau, Data and Statistics: National Youth in Transition Database, U.S. Department of Health & Human Services,
https://www.acf.hhs.gov/cb/data-research/data-and-statistics-nytd#FL_26606 (last visited Mar. 7, 2024).
36
Florida Department of Children and Families, Annual Reports for Independent Living, Child and Family Services,
https://www.myflfamilies.com/services/child-family/independent-living/annual-reports-for-independent-living (last visited Mar. 7, 2024).
37
Florida Department of Children and Families, Florida National Youth in Transition Database, 2018 Survey Data Report,
https://www.myflfamilies.com/sites/default/files/2023-06/2018%20Florida%20NYTD%20Statewide%20Report%20Final.pdf (last visited
Mar. 7, 2024).
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Education
74% were enrolled in and attending high school, GED classes, post-high school
vocational training, or college.
12% experienced barriers that prevented them from continuing education. The
top three reported barriers included the need to work full-time, not having
transportation, and having academic difficulties.
Employment
15% were employed full-time (35 hours per week or more).
26% were employed part-time.
78% had a paid job over the last year.
22% completed an apprenticeship, internship, or other on-the-job training, either
paid or unpaid.
Housing
The top three current living situations included living in their own apartment,
house, or trailer; living with friends or a roommate; and living in a group care
setting (including a group home or residential care facility).
41% had to couch surf or move from house to house because they did not have
a permanent place to stay.
27% experienced some type of homelessness in the past year.
38
Financial &
Transportation
46% received public food assistance.
10% received social security payments (Supplemental Security Income, Social
Security Disability Insurance, or dependents’ payments).
83% had a reliable means of transportation to school/work.
76% had an open bank account.
Health &
Well-Being
85% were on Medicaid.
18% had children.
34% had not received medical care for a physical health problem, treatment for
a mental health problem, or dental care in the past two years for some health
problem needing to be addressed.
24% were confined in a jail, prison, correctional facility, or juvenile detention
facility within the past two years.
Connections
85% had at least one adult in their life, other than their case manager, to go to
for advice or emotional support.
67% had a close relationship with biological family members.
EFFECT OF THE BILL
Aging Out of Foster Care
Independent Living Programs
Distribution of Federal Funds in Emergencies
The bill also authorizes DCF to distribute emergency federal funding to all young adults deemed eligible
by the federal funding source in the event of a state or national emergency. This means that young
adults who would not meet the eligibility criteria of those programs could receive federal funding if DCF
distributes funding to those who are not otherwise eligible.
38
Id.
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Aftercare Services
The bill expands access to aftercare services for certain young adults who were formerly in the child
welfare system. Subject to available funding, the bill makes aftercare services available to young adults
who are between the ages of 18 and 22, were previously adjudicated dependent during their childhood,
lived in out-of-home care for at least 6 months after turning 14 years of age, and did not achieve
reunification with their parents or guardians. Therefore, this bill allows former foster youth who achieved
permanency outside of reunification (e.g., permanent placement with a relative or adoption), to qualify
for aftercare services.
The bill provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The General Appropriations Act (GAA) for FY 2024-25 includes $8,110,140 to fund expanded
eligibility for Independent Living programs, which include Aftercare services. The GAA makes these
funds contingent upon the passage of HB 1083 and HB 631, or similar legislation, becoming law.
39
Of this total, DCF estimates that $3,428,700 would be available for Aftercare services.
Aftercare services expanded through the bill are subject to available funding and are available on a
first-come, first-served basis. DCF projects that 754 newly eligible young adults will apply to receive
Aftercare services. The average Aftercare payment for the currently-eligible population in March
2023 was $1,039; the funding in the GAA would allow approximately 4 months of Aftercare services
at that rate per newly-eligible young adult applying for those services.
39
HB 5001, General Appropriations Act, Specific Appropriation 330.
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.