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 Appropriations Committee on Health and Human Services
BILL: CS/SB 564
INTRODUCER: Children, Families, and Elder Affairs Committee and Senator Garcia
SUBJECT: Young Adult Aftercare Services
DATE: January 16, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Rao Tuszynski CF Fav/CS
2. Sneed McKnight AHS Favorable
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Technical Changes
I. Summary:
CS/SB 564 expands Aftercare eligibility by allowing young adults who turned 18 years of age,
but are not yet 23 years of age, and were placed in out-of-home care for at least six months after
turning 14 years of age, to access Aftercare. The bill also allows young adults who receive
Postsecondary Education Services and Support (PESS) or are in extended foster care (EFC) to
receive Aftercare only if needed services are not provided by the other independent living
programs. This will allow more young adults to access needed services.
The bill permits the Department of Children and Families (DCF) to distribute federal funds to all
young adults deemed eligible by the funding source in the event of a state or national emergency
even if the young adult does not meet eligibility requirements for PESS or Aftercare.
The bill is expected to have a significant negative fiscal impact on state government. See Section
V. Fiscal Impact Statement.
The bill takes effect July 1, 2024.
REVISED: BILL: CS/SB 564 Page 2
II. Present Situation:
Florida’s Child Welfare System
Chapter 39, F.S., creates Florida’s dependency system charged with protecting children who
have been abused, neglected, or abandoned. 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 (CBCs) work with those families to address the problems endangering children, if
possible. If those identified problems cannot be addressed, the child welfare system finds safe
out-of-home placements for these children.
1
When children are placed in out-of-home care, the DCF and CBCs must find safe, permanent
homes for them as quickly as possible. In most cases, children are reunified with their families
upon the parents’ completion of a specific case plan. When reunification is not possible, the DCF
will seek to place a child in a permanent home with relatives or an adoptive home. The DCF
strives to achieve permanency for all children in care before their 18
th
birthday.
2
However, a
child will age out of care at the age of 18 if a permanent placement is not found.
3
Young adults who age out of foster care have challenges achieving self-sufficiency. Compared to
young adults without foster care involvement, these young adults are less likely to earn a high
school diploma or GED, or attend college.
4
They are more likely to suffer from mental health
problems, have a higher rate of criminal justice system involvement, have difficulty achieving
financial independence, need public assistance, and experience housing instability or
homelessness.
5
From October 1, 2022, to September 30, 2023, a total of 801 young adults aged out of Florida’s
foster care system.
6
Federal - The Chafee Foster Care Independence Program
States can receive federal reimbursement to assist in providing services to young adults after
aging out of care. The Chafee Foster Care Independence Program (Chafee) is a capped
entitlement for which states are entitled reimbursement for claims it submits to the federal
government, up to a certain level, related to preparing young adults for self-sufficiency. With
federal reimbursement provided by Chafee, a state can provide independent living services and
1
Chapter 39, F.S.
2
Section 39.01, F.S. Section 39.621, F.S., lists the permanency goals in order of preference as 1. reunification; 2. adoption, if
a petition for termination of parental rights has been or will be filed; 3. permanent guardianship; 4. permanent placement with
a fit and willing relative; or 5. placement in another planned permanent living arrangement.
3
Rule 65C-30.022, F.A.C.
4
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, available at http://dx.doi.org/10.1016/j.childyouth.2017.02.035 (last visited
December 11, 2023).
5
Id.
6
Florida Department of Children and Families, Office of Child and Family Well-Being Dashboard, available at:
https://www.myflfamilies.com/ocfw-dashboard (last visited Jan. 4, 2024). BILL: CS/SB 564 Page 3
support to young adults, such as education, employment, financial management, housing,
emotional support, and connections to caring adults.
7
Federal eligibility for Chafee programs 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 jurisdictions.
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.
In 2022, Florida was allotted $7,175,951 in federal dollars through Chafee to help fund its
independent living services.
8
Florida’s Independent Living Services
Florida provides independent living services to young adults to help them transition out of foster
care and to prepare them to become self-sufficient adults. Florida’s independent living services
include EFC, which applies to young adults who were in licensed foster care upon turning 18
years of age.
9
Florida also offers two other independent living programs: PESS and Aftercare.
The following table provides information on the eligibility requirements to participate in
Florida’s independent living programs and the services provided by each.
Program Eligibility Services
Extended
Foster Care
(EFC)
10
Young adults who turned 18 in foster care and are:
Completing high school or its equivalent; or
Enrolled in college or vocational schooling; or
Working at least 80 hours per month.
To stay in EFC, the young adult must:
Meet with a case manager every month.
Continue to participate in a required activity.
Attend court reviews every six months.
Young adults may choose to
remain in licensed foster care
and receive foster care services
until the age of 21 (22 with a
disability).
Postsecondary
Education
Services and
Support
(PESS)
11
1. Young adults who turned 18 in foster care and
spent at least 6 months in licensed out-of-home
care before turning 18.
2. Young adults who are at least 18 and were
adopted from foster care after age 16 or were
placed with a court-approved guardian after
spending at least 6 months in licensed foster
$1,720 per month for:
Housing
Utilities
Living expenses
Available until the age 23.
7
U.S. Department of Health & Human Services Children’s Bureau, John H. Chafee Foster Care Program for Successful
Transition to Adulthood, available at: https://www.acf.hhs.gov/cb/grant-funding/john-h-chafee-foster-care-independence-
program (last visited Dec. 11 2023).
8
Administration for Children and Families U.S. Department of Health and Human Services, FY 2022 Allotment for Chafee
Foster Care Program for Successful Transition to Adulthood Grants, available at: https://www.acf.hhs.gov/cb/policy-
guidance/pi-23-01 (last visited Jan. 6, 2024).
9
Ch. 2013-178, Laws of Florida
10
Section 39.6251, F.S.
11
Section 409.1451(2), F.S. BILL: CS/SB 564 Page 4
Program Eligibility Services
care within the 12 months immediately
preceding such adoption or placement; and
Have earned a high school diploma or its
equivalent; and
Are attending a college or vocational
school that is Florida Bright Futures
eligible.
Aftercare
12
Young adults who turned 18 while in licensed foster
care, but are not yet 23, and
Are not in EFC; or
Are not in PESS.
Mentoring
Tutoring
Substance abuse treatment
Counseling
Job and career skills training
Temporary financial assistance
for necessities
To prepare an older youth for the possibility of aging out of care, current law requires the DCF
and the CBCs to develop a transition plan with the youth during the year after he or she reaches
16 years of age, with the requirement to update the plan before the youth reaches 18 years of
age.
13
The transition plan must provide information on independent living services that are
tailored to the individual needs and plans of the youth, the advantages and disadvantages of
participation in each program, and the financial value of each program.
14
The following table shows the total number of young adults receiving independent living
services by program type for the last two state fiscal years (SFY).
15
SFY Aftercare EFC PESS
2020-21 366 1498 832
2021-22 433 1418 864
Aftercare Services (Aftercare)
Section 409.1451(3), F.S., allows a young adult to receive Aftercare if he or she turned 18 years
of age while in licensed foster care, but has not yet turned 23 years of age, and:
Is not in EFC; or
Is not receiving PESS.
The Aftercare provided to a young adult is based on a needs assessment and is intended to be
temporary.
16
The services are often used as a bridge to EFC and PESS and may include
mentoring, tutoring, mental health, substance abuse, counseling, and financial assistance.
17
12
Section 409.1451(3), F.S.
13
Section 39.6035, F.S.
14
Id.
15
Florida Department of Children and Families, Independent Living Services Annual Report February 2023, available at:
https://www.myflfamilies.com/sites/default/files/2023-07/Independent_Living_Services_Report_2022.pdf (last visited Jan. 5,
2024).
16
Id.
17
Id. BILL: CS/SB 564 Page 5
Aftercare is currently used as a safety net for a young adult who does not meet eligibility criteria
for more long-term independent living programs.
18
However, current eligibility requirements for Aftercare limits similarly situated young adults
from accessing needed services by:
Allowing only young adults who were in licensed foster care at the age of 18 to be eligible
for services. Young adults who were placed by the court with a relative, nonrelative, or
another responsible adult are not considered to be in licensed foster care and therefore, are
not eligible for Aftercare even if permanency was not achieved by the age of 18.
Making young adults ineligible for Aftercare if they are in EFC. A young adult in licensed
foster care on his or her 18
th
birthday can choose to remain in licensed care until the age of
21 (or age 22 if they have a disability).
19
While in EFC, the young adult lives independently
but is provided supervision, case management, and supportive services.
20
While Aftercare
and EFC offer some overlapping services, young adults in EFC are not eligible to receive
certain financial benefits that only Aftercare provides, such as financial assistance for an
emergency.
21
Making young adults ineligible for Aftercare if they are receiving PESS. A young adult who
currently receives PESS is only eligible for temporary financial assistance under Aftercare to
address emergency situations, including, but not limited to, automobile repairs or large
medical expenses.
22
However, other Aftercare services, such as tutoring, mentoring, or
financial literacy training, could be beneficial for young adults receiving PESS even if there
is not an emergency.
III. Effect of Proposed Changes:
Section 1 amends s. 409.1451(3), F.S., to expand the eligibility requirements for Aftercare. The
bill makes Aftercare available to a young adult who:
Has reached 18 years of age, but is not 23 years of age; and
Was placed and lived in out-of-home care for at least 6 months after turning 14 years of age,
pursuant to a court order under s. 39.811, F.S.
The bill also allows a young adult to receive Aftercare even if he or she is also receiving
Postsecondary Education Services and Support (PESS) or is in extended foster care (EFC), if
services and supports are not provided by those programs. This ensures young adults do not
receive duplicate services, but allows access to needed Aftercare even if they are participating in
PESS or EFC.
The bill removes the eligibility requirement that prohibits a young adult from receiving Aftercare
if the young adult is not in foster care. By removing the “in foster care” requirement and
expanding the eligibility criteria to certain young adults who were in out-of-home care, the bill
allows more young adults who were formerly in care, regardless of the out-of-home placement
type, to receive services, if a permanent placement is not achieved by 18.
18
Id.
19
Section 39.6251, F.S.
20
Id.
21
R 65C-41, F.A.C.; R. 65C-42.003, F.A.C.
22
Section 409.1451(3)(a)2., F.S. BILL: CS/SB 564 Page 6
The bill removes the criteria that a young adult who receives financial assistance from PESS is
ineligible to receive Aftercare services. This change permits young adults to receive both PESS
funds as well as Aftercare services, provided that none of the services are duplicated.
The bill expands the eligibility of young adults to receive funding during emergency situations.
The bill removes the provision that permits a young adult between the ages of 18 and 22 who
receives PESS funds and is experiencing an emergency situation, but lacks resources to cover the
emergency situation, to receive Aftercare. The bill expands this eligibility to permit the
Department of Children and Families to distribute federal funds to all young adults deemed
eligible by the funding source in the event of a state or national emergency, notwithstanding the
eligibility criteria established.
Section 2 provides an effective date of July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None. BILL: CS/SB 564 Page 7
C. Government Sector Impact:
The Department of Children and Families (DCF) submitted a Legislative Budget Issue
for Fiscal Year 2024-2025 requesting additional budget authority to expand eligibility for
several Independent Living programs, including Aftercare Services. In the budget issue
(4002470), the DCF projected that changing the eligibility could result in an additional
1,835 young adults becoming eligible for Aftercare Services in Fiscal year 2024-2025.
23
The DCF applied a 15 percent participation rate to determine a projected increase of 275
youth that may participate in Aftercare Services in Fiscal Year 2024-2025. The DCF used
an average monthly financial assistance provided for Aftercare Services of $1,039,
24
resulting in a total monthly need of $285,725, or $3,428,700 annually.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 409.1451 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Children, Families, and Elder Affairs on January 10, 2024:
The committee substitute clarifies that Aftercare services are available to any child placed
by a court order pursuant to Chapter 39, F.S., rather than a specific type of placement.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
23
DCF noted the Florida Safe Families Network (FSFN) as the data source for Aftercare Services based on March 2023
payments for services provided 3/1/2023 - 3/31/2023 and number of children who have been adopted or placed in permanent
guardianship at ages 14, 15, 16, or 17, who are now ages 18 - 22, through June 28, 2023.
24
Id.