Illustration by Madison Hongyee
Additional Considerations for Youth with Disabilities in Foster Care
Youth with disabilities in foster care have additional considerations when moving from adolescence to adulthood, especially when it comes to decisions around education, transition planning, finances and continued support past the age of 18.
Education for Youth in State Care
When children are in state care it may not be clear which person is the parent for educational decision making. It is important for someone to be designated as the educational decision maker.
Who Can Be a Parent for Educational Decision Making?
Under Florida education law, the term “parent” includes parents, guardians, person in a parental relationship to a student or “any person exercising supervisory authority over a student in the place of a parent.” Foster parents, relatives and non-relative caregivers fall under the last category, but group home workers do not.
Birth/Adoptive Parent if Parental Rights Were NOT Terminated – Parents of youth in the dependency system have the right to participate in educational decision making for their children unless that right was specifically taken away. That means that parents have the right to receive notice of and participate in all meetings and decisions in the same manner as parents whose children are not in state care. If the parents are not willing or available to participate in the youth’s education, then someone else must fill that role.
Parental Rights Terminated or Educational Rights Removed – Parents cannot participate in making decisions for their children after their parental rights are terminated. Parental rights are terminated through a court process called termination of parental rights (TPR). Parents may also be prohibited from making decisions, such as educational decisions, for their children if the court specifically orders that they may not make such decisions.
Youth Living with Relatives and Fictive Kin (Non-Relatives) – Many youth in state care live with grandparents, aunts, uncles or cousins. Others live with adults who are like family. The adults responsible for caring for those youth are considered parents for education purposes and can make the same educational decisions as parents if the parent is not available. But if the caregiver is not willing or available to participate in the youth’s education, then someone else must fill that role.
Foster Parents – Foster parents can be considered parents for education purposes. Foster parents who have cared for a child for only a short time, or are not interested in the child’s education, should not be considered as parents for special education purposes, and someone else must fill that role.
Surrogate Parents Who are Educational Decision Makers Only – A surrogate parent is an adult who has been appointed to represent the educational interests of an exceptional student who does not have a parent or guardian. A surrogate parent does not have to live with the child but should be someone who has or develops a relationship with the child. A surrogate parent has all the rights and responsibilities of a parent in the educational process. Surrogate parents can, for example:
- Observe the student in school.
- Review the student’s records.
- Meet with teachers.
- Participate in Individualized Education Program (IEP) and other meetings concerning the youth.
- Help make decisions about the youth’s education.
- Develop a Transition Plan.
- Give or withhold consent for actions proposed by the school district.
- Ask the school to take actions related to the student’s education.
- Sign permission slips for field trips, records and photograph releases.
- Invoke the procedural safeguards of the law (requesting a due process hearing for example).
A surrogate parent can be appointed either by the school board or the dependency court. Many students with disabilities in state care have a surrogate parent appointed through the school system. Youth and their advocates should seek the appointment of a surrogate parent if there is no adult serving in that role.
Who CAN be a Surrogate Parent? – The basic requirement is that the person be over the age of 18 and complete training that shows that they have the knowledge, skills and experience to do the job. Guardians ad litem are eligible to be surrogate parents.
Who CANNOT be a Surrogate Parent? – People who work for the state or public school district and people who work for any agency responsible for caring for the youth are not eligible. This includes employees of the Department of Children and Families (DCF), Juvenile Justice, the Agency for Persons with Disabilities, Community-Based Care child welfare providers and sub-contracted agencies.
This means that case workers, group home staff and school-based counselors cannot be surrogate parents. But a foster parent, case worker or caregiver at a group home may act as a parent in the school setting by approving participation in school activities such as sports, field trips and clubs, attending events, and providing excuses for absences.
However, the fact that a foster parent, relative or non-relative caregiver works for a state agency or public school does not prevent them from acting as an educational decision maker for children who live with them.
When youth are in state care there is often a great deal of confusion as to who is responsible for acting as the parent for educational purposes. The dependency court is supposed to identify the educational decision maker at each judicial review hearing. Those hearings take place at least every six months but may happen more frequently if the court wishes. At the judicial review, the court issues a written order that should identify the educational decision maker. The case worker can provide a copy of the order if the child does not already have one. If a decision maker has not been identified, or if the person should be changed, any party can ask the court to decide who the educational decision maker should be. The child’s attorney or guardian ad litem can make a motion, or any person can ask the attorney for DCF for help getting a decision. All youth in state care should have a designated educational decision maker.
Transition Planning for Youth in State Care
Florida requires that the DCF provide youth and young adults with opportunities and services that are appropriate for their age and special needs in order to build life skills and increase the ability to live independently and become self-sufficient.
When it comes to transition planning for youth in state care, there are three main types of plans:
Independent Living Skills Plans – Independent Living Skills Plans address what skills children need to learn on their path to adulthood. They are documented in the child’s case file, but not a formal part of the Case Plan. They begin at age 13.
Case Plans – All child welfare cases have a Case Plan that address both the parents and all the children in the family.
Transition Plans – Transition Plans address what will happen after the child turns 18 and what is needed to get there. The Transition Plan is required in addition to the Case Plan.
Independent living skills are best acquired in normal day to day activities in natural living environments. Florida expects the caregivers of children in foster care to help children acquire the skills they need for a successful transition to adulthood. DCF will support caregivers to help them build life skills for the children in their care. Florida has a formal process for documenting skill acquisition and planning for how to build skills that children need.
Informal Assessments and Independent Living Skill Plan with Caregiver – Starting at age 13, the case worker is supposed conduct an informal assessment of independent living skills each month. This is done during typical interactions and by observation at monthly visits. The case manager and caregiver use a Life Skills Progress Documentation log to track what skills the child is working on. The child and adult supporters who have concerns can talk to the case worker and caregiver about what skills the child needs and how they can be acquired.
Formal Assessments and Independent Living Skill Plan with Youth – Beginning at age 16, the state uses a standard assessment tool to assess the young person’s independent living skills. When that assessment is done, a meeting is held with the youth, caregiver, guardian ad litem and supportive adults selected by the youth to help the youth set specific, measurable goals for an Independent Living Skills Plan.
Independent Living Skills Plans must include:
- Goals for acquiring the skills that the assessment showed as needing more work;
- Activities, steps or demonstrated behaviors for achieving the goals; and
- Resources to assist in completing the activities.
A Case Plan includes a description of the youth’s needs and a description of how the state is going to provide services to address those needs. The Case Plan has a number of required components. Case Plans must be approved by the dependency court. The case worker is supposed to explain the Case Plan and provide a copy to children.
Any child who does not know what is in the Case Plan should ask the case worker for a copy. All children can participate in case planning. Younger children are not always included but beginning at age 14, young people must be invited to participate in case planning. Youth can bring a supportive adult to the case planning meeting. It is very important for children to participate in the case planning. Important decisions about what services the child needs and plans for the future are part of the Case Plan.
Starting when a child turns 13, the Case Plan should include a “written description of the programs and services that will help the child prepare for the transition from foster care to independent living.” The youth’s Independent Living Skills Plan should be used as the basis for this section of the Case Plan.
At age 16, DCF and the Community Based Care lead agency must meet with the young person, their caregiver and supportive adults to develop a Transition Plan in addition to the Case Plan.
A Transition Plan sets out the youth’s goals and choices. It also describes the services necessary to successfully transition to adulthood. Transition Plans are created by the youth with adult supporters. The Transition Plan should be coordinated with any Transition Plans created in school or with vocational rehabilitation (VR) if the youth is receiving VR services.
Each plan must address:
- Short-term goals (school, work, driver license, study habits, etc.)
- Long-term goals (education, career, travel, self-sufficiency, relationships, etc.)
- Housing (where youth will live after age 18; this might include Extended Foster Care or Postsecondary Educational Services and Supports.
- Health Insurance.
- Education.
- Financial Literacy.
- Driver License.
- Workforce Support/Employment.
The Transition Plan may also address establishing and maintaining naturally occurring mentoring relationships.
Each youth should have a Transition Facilitator (who may be the Independent Living Specialist). That person is responsible for getting to know the teen and developing a relationship with them. The Transition Facilitator brings everyone together to create and update the Transition Plan.
The transition planning process also includes making sure the youth has all of their important documents. Those documents include their birth certificate, Social Security card, driver license or state identification card, Medicaid/other health insurance card, and many other important items.
The dependency court has a role in making sure that young people involved in the child welfare system get the help they need to prepare for adulthood. Beginning at age 16, at court hearings the judge will ask the young person to give input on how they are doing and what help they need in the transition to adulthood. Also, the state is required to report on how the young person is doing with gaining independent living skills.
The dependency court will also consider whether a young person might need assistance with decision making after age 18. If that is a possibility, the court can start the process for having a team of people to consider the level of assistance needed. The process should be started early enough to have a plan in place before the young person turns 18.
Using Financial Resources Wisely
Many youth in state care receive government benefits each month. Often, though, the money is not used to meet the youth’s specific needs.
Children with disabilities who are in state care often receive funds from the Social Security Administration (SSA). Most of these youth receive Supplemental Security Income (SSI) but others may receive other Social Security benefits from a parent such as retirement, disability or death benefits. (DCF refers to these benefits as SSA.) Still other youth might receive Veterans benefits, private insurance benefits or child support. Money received by the state for the youth is placed into a “Master Trust” fund that is held either by DCF or the Community Based Care lead agency.
Some children may have a caregiver or other adult who receives the money rather than DCF. This person is called a Representative Payee. Caregivers can use the money for current needs including food, shelter and medical needs. They can also use the money for personal needs such as clothing and recreation. They can save the rest of the funds for future use. The Representative Payee must keep records about how the money is spent.
Children should discuss their needs with their Representative Payee. SSA can change the Representative Payee to a different person if the person is not acting in the child’s best interest. Ask the case worker, guardian ad litem or attorney for help in getting such a change made—because those funds belong to the youth and should be used to benefit the youth.
Also, funds are to be used for both current and long-term needs. The case manager is supposed to balance the current and long-term needs of children in planning for how the money is used. Youth and their advocates should work with the case manager to create a spending plan that balances those needs. There is not a specific time that the case manager is required to discuss spending with youth, but youth can ask their case manager to talk about spending at any time.
Each month that a child gets money added to the Master Trust account, the state takes some of that money to pay itself back for the cost of care. The cost of care is the amount paid to the foster parent or group home. Cost of care is considered a current need. If the money that comes in that month is less than the cost of care, the state can take it all, minus the “personal allowance” amount. But it will not take money that is already in the account to make up the difference.
The case worker, child and other adults supporting the child should also advocate for funds to be used for the other current and long-term needs. Current needs can include things like tutoring, sports, music/drama/dance lessons, scouts, camp, assistive technology, art supplies, electronics, transportation and clothing. Anything that that can benefit the child (and is not illegal) can be requested. Long-term needs can include things such as security and utilities deposits, furniture, educational and vocational items, uniforms, safety equipment and tools.
The child welfare case worker is required to notify children about all purchases made with their money. If the purchase is $500 or more, the case worker must also notify the child’s parents and guardian ad litem.
The state must notify children about their right to request funds from their Master Trust account at least twice a year. That notice is a document called “Notice of Fee Assessment and Rights of Foster Child.” That document should be provided to the youth, their attorney, guardian ad litem and parents at the time of each judicial review. It should:
- Notify the youth, the child’s guardian ad litem and attorney, and others of the intent to deduct cost
of care. - Leave at least $15 a month in “personal allowance” in the fund.
- Provide the youth with a form to seek a waiver of cost of care or request to increase personal allowance.
- Youth and their advocates don’t have to wait for the next judicial review. They can ask the case manager to provide information about their account and how to request funds at any time.
Youth and their advocates should make sure that Master Trust funds are used to help youth with services and supports to address their disability, promote the ability to have a normal childhood and successfully transition to adulthood.
Youth and their advocates can use the waiver form attached to the Notice of Fee Assessment to request funds relating to specific needs. They can also seek an increase in “personal allowance” to pay for monthly expenses, or they may ask to waive all cost of care for several months to save for a specific purpose (for instance, summer camp, or the deposit on an apartment). There is no limit to the number of times a youth can make a request or the amount they request. But it is important to note that waiver requests that explain what the money will be used for are more likely to be granted than requests that do not provide an explanation.
If the request for a waiver is denied, the youth may seek a fair hearing with DCF. The notice of denial will have information on how to request a fair hearing. If the youth does not already have an attorney, they can ask their guardian ad litem or case manager for help finding one. Many legal aid programs are willing to represent youth who have been denied a waiver. However, most denials occur because the request did not provide enough information about the reason the money was needed and how it would be spent. So before appealing, it might be faster and easier to find out why it was denied and try to fix the problem.
Because SSI is an income-based program, it does not pay benefits to people who have $2,000 in assets (in their Master Trust account.). That means if there is more than $2,000 in the youth’s account then the SSI payments will stop. If the account builds up, the youth should work with their case manager to plan how to spend some of the money to meet current or long-term needs. All youth who exit care should seek a waiver so that they can have the full $2,000 available for transition expenses when they turn 18. The youth does not have to pay income tax on that money. If the money in the Master Trust comes from sources other than SSI, the account can have more than $2,000 in it.
Florida law requires that the money in the account be provided to the youth when they turn 18 or to the caregiver if the youth’s child welfare case is closed before age 18. The child’s attorney, guardian ad litem or other advocate should ask for a court order to make sure that happens. Otherwise, the money will be sent back to SSA, and it can take months before it will be given to the youth.
Independent Living Benefits
Most former foster youth are eligible for financial assistance after they turn 18. You can read about these benefits below and in the Health Care Benefits and Social Security Benefits sections of this guide.
Florida offers former foster youth free tuition for education after high school at public colleges and universities. This tuition and fee exemption is available until the student turns 28 years old.
Eligibility – In order to be eligible for the exemption, the student must have been:
- In the custody of the DCF (foster care) at age 18;
- Living with a relative on their 18th birthday because the youth was placed there by a dependency court;
- Placed in a guardianship by the dependency court after spending at least 6 months in the custody of the department after reaching 16 years of age; or
- Adopted from DCF after May 5, 1997.
What is Covered – All tuition and fees charged by the Florida College System, State Universities, and workforce education programs run by public school districts. This includes undergraduate, graduate and professional school tuition. There is no limitation or maximum number of credits that are covered.
How to Use the Tuition and Fee Exemption – In order to use the exemption, the student must present an eligibility form to the school. Schools have different processes, so you should ask the school’s Financial Aid Office where to take the form to get started. If you do not have the form, contact the Independent Living Specialist for the Community Based Care lead agency where the child welfare case was open. DCF maintains a list of those contacts at: www.ilru.org/projects/cil-net/cil-center-and-association-directory-results/FL.
Young people who age out of care with an open child welfare case are eligible for Medicaid until they turn 26. Until age 21, the Community Based Care lead agency is responsible for ensuring the young person is enrolled in Medicaid. At age 21, the young adult must apply through the DCF’s ACCESS system. Young people who were adopted or placed into guardianship after age 16 but spent six months or more in licensed care prior to their adoption or guardianship are eligible for Medicaid until age 21.
The Keys to Independence is a program that assists youth in foster care with obtaining a driver license and auto insurance. All youth in out-of-home care are eligible to enroll in the Keys to Independence program starting at age 15. Young adults who are in Extended Foster Care or Postsecondary Educational Services and Support can also participate in the program. Other young adults who were enrolled in Keys to Independence as youth can remain in the program for up to six months after turning 18 or being adopted or placed into guardianship. The Keys to Independence program pays for the costs relating to obtaining a driver license, including driver education courses, licensing fees, practice driving and car insurance.
Florida foster care is now extended to age 21 for all young adults and to age 22 for youth with disabilities. This is called Extended Foster Care (EFC).
Eligibility – In order to be eligible for EFC, the young person must have been living in licensed care (foster home, with a licensed relative or non-relative, group home or residential treatment) at age 18; and
- Attending school or a vocational education program;
- Participating in a program or activity to eliminate barriers to employment;
- Working at least part-time (80 hours a month); or
- Not able to participate in one of those activities due to a physical, intellectual, emotional or psychiatric condition that limits participation
Living Arrangements – When possible, the young adult should be able to remain in the same place after turning 18. If that place is not available or the young adult does not want to remain there, they can live in a “supervised living arrangement” that is approved by DCF or the Community Based Care lead agency and acceptable to the young adult. Examples include foster home, group home, dormitory, shared housing, apartment and other housing arrangements.
Support Included – Young adults in EFC enter into a Shared Living Plan that discusses:
- Household chores and daily living activities.
- Physical and behavioral health.
- Check-in/curfew and 24-hour crisis intervention.
- Financial resources (room and board, rent, utilities, expenses and allowance).
Postsecondary Education Services and Support (PESS) provides former foster youth with funds and services to help them obtain the education and training needed to become independent and self-supporting.
Eligibility – In order to qualify, the youth must:
- Be between 18 and 23 years old.
- Have spent at least six months in licensed care prior to their 18th birthday and either:
- Is currently in licensed care or was in licensed care at age 18, or
- Was adopted or placed into a dependency guardianship after the age of 16.
- Be a Florida resident.
Be enrolled in a postsecondary school full-time. (This includes all Florida colleges, universities and trade schools that are eligible to receive Florida Bright Future funds. For purposes of PESS, only, full-time is a minimum of nine credit hours.) Youth who have a documented disability can enroll part-time (less than 9 hours).
Support Included – Students on PESS can receive a maximum of $1,256 a month. Until the student can successfully manage the money, the Community Based Care lead agency will pay for housing and utilities and give the student the remaining balance. Students who remain in foster care or a group home will have that living expense paid for and will not get the money.
Youth with documented educational, medical, mental, developmental or physical disabilities are eligible for the same opportunities and services as youth without disabilities. The law requires DCF to provide reasonable accommodations and services to ensure equal opportunities.
Students with disabilities may attend school part-time and still receive full benefits. Youth must, however, make satisfactory progress in order to continue receiving funds, whether they go full-time or part-time.
In order to qualify for aftercare services, the young adult must be between 18 and 23 years old and not be in EFC.
It provides financial assistance for things such as food, education supplies, transportation, security deposits, rent, utilities, furniture and household items. Aftercare services can also include:
- Mentoring and tutoring.
- Mental health services and substance abuse counseling.
- Life skills classes.
- Parenting classes.
- Job and career skills.
- Counselor consultation.
- Temporary financial assistance for emergencies. This includes things such as medical bills and emergency car repairs. The law does not place any limit on the amount that can be requested or the number of times requests can be made.
Note: Young adults who get PESS are only eligible to receive temporary financial assistance for emergencies.
Parents and guardians of young adults who were formerly in foster care may be eligible to continue receiving financial assistance to support those young adults between ages 18 and 21. The amount of the subsidy is decided before the guardianship or adoption is final. Guardianship subsidies are usually $333 a month, and adoption subsidies are at least $416, but the subsidy amount may be higher if the young adult has special needs.
Eligibility – In order to qualify for extended payments, the young adult must have been adopted or placed into guardianship after the age of 16, and have previously been in licensed care at least six months. The young adult must also be:
- Attending school or a vocational education program;
- Participating in a program or activity to eliminate barriers to employment;
- Working at least part-time (80 hours a month); or
- Not able to participate in one of those activities due to a physical, intellectual, emotional or psychiatric condition that limits participation.
While the adoptive parent or guardian is receiving extended payments, the young adult cannot also receive PESS. Subsidy money goes to the parent or guardian who is responsible for providing care for the young adult, but money does not have to be provided to the child. The PESS payment of $1,256 will often be higher than the subsidy payment. However, young adults will have access to all of the money when they can successfully manage it. But until that time, the Community Based Care lead agency will pay the rent and utilities and give the young adult the remaining money.
Support Provided – The same monthly amount of the adoption subsidy or guardianship assistance payment that the parent or guardian received prior to age 18 is the amount paid until age 21. The young adult also remains eligible for Medicaid to age 21.
In 2021, DCF created a new Office of Continuing Care to support young adults who were formerly in foster care until age 26. Young adults who aged out of foster care between ages 18 and 22 are eligible for support. The office will provide a point of contact to help with getting housing, food, health care and educational services.