Senate Bill 2384

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    Florida Senate - 1999                                  SB 2384

    By Senator Dawson-White





    30-625-99

  1                      A bill to be entitled

  2         An act relating to child welfare; amending s.

  3         39.01, F.S.; clarifying that a long-term

  4         placement of a child with a relative or other

  5         caregiver is not subject to supervision by the

  6         Department of Children and Family Services

  7         following a determination by the court that the

  8         placement is stable; redefining the term "other

  9         person responsible for a child's welfare" to

10         include a frequent visitor in the home who

11         cares for the child; amending s. 414.125, F.S.;

12         prohibiting the department from imposing

13         sanctions under the WAGES Program against a

14         child's caregiver due to the child's failure to

15         make satisfactory progress in school; providing

16         an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Subsections (42) and (47) of section 39.01,

21  Florida Statutes, 1998 Supplement, are amended to read:

22         39.01  Definitions.--When used in this chapter, unless

23  the context otherwise requires:

24         (42)  "Long-term relative custody" or "long-term

25  custodial relationship" means the relationship that a juvenile

26  court order creates between a child and an adult relative of

27  the child or other caregiver approved by the court when the

28  child cannot be placed in the custody of a natural parent and

29  termination of parental rights is not deemed to be in the best

30  interest of the child. Long-term relative custody confers upon

31  the long-term relative or other caregiver the right to

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    Florida Senate - 1999                                  SB 2384
    30-625-99




  1  physical custody of the child, a right which will not be

  2  disturbed by the court except upon request of the caregiver or

  3  upon a showing that a material change in circumstances

  4  necessitates a change of custody for the best interest of the

  5  child. A long-term relative or other caregiver shall have all

  6  of the rights and duties of a natural parent, including, but

  7  not limited to, the right and duty to protect, train, and

  8  discipline the child and to provide the child with food,

  9  shelter, and education, and ordinary medical, dental,

10  psychiatric, and psychological care, unless these rights and

11  duties are otherwise enlarged or limited by the court order

12  establishing the long-term custodial relationship. Long-term

13  relative custody or a long-term custodial relationship is not

14  subject to continuing supervision following a determination by

15  the court that the placement is stable and such supervision is

16  no longer needed as provided in s. 39.508(9)(a)5.b.

17         (47)  "Other person responsible for a child's welfare"

18  includes the child's legal guardian, legal custodian, or

19  foster parent; an employee of a private school, public or

20  private child day care center, residential home, institution,

21  facility, or agency; or any other person legally responsible

22  for the child's welfare in a residential setting; and also

23  includes an adult sitter, a or relative entrusted with a

24  child's care, or a frequent visitor in the home entrusted with

25  a child's care. For the purpose of departmental investigative

26  jurisdiction, this definition does not include law enforcement

27  officers, or employees of municipal or county detention

28  facilities or the Department of Corrections, while acting in

29  an official capacity.

30         Section 2.  Section 414.125, Florida Statutes, is

31  amended to read:

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    Florida Senate - 1999                                  SB 2384
    30-625-99




  1         414.125  Learnfare program.--

  2         (1)  The department shall reduce the temporary cash

  3  assistance for a participant's eligible dependent child or for

  4  an eligible teenage participant who has not been exempted from

  5  education participation requirements during a grading period

  6  in which the child or teenage participant has accumulated a

  7  number of unexcused absences from school that is sufficient to

  8  jeopardize the student's academic progress, in accordance with

  9  rules adopted by the department with input from the Department

10  of Education.  The temporary cash assistance must be

11  reinstituted after a subsequent grading period in which the

12  child has substantially improved the child's attendance. Good

13  cause exemptions from the rule of unexcused absences include

14  the following:

15         (a)  The student is expelled from school and

16  alternative schooling is not available.

17         (b)  No licensed day care is available for a child of

18  teen parents subject to Learnfare.

19         (c)  Prohibitive transportation problems exist (e.g.,

20  to and from day care).

21         (d)  The teen is over 16 years of age and not expected

22  to graduate from high school by age 20.

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24  Within 10 days after sanction notification, the participant

25  parent of a dependent child or the teenage participant may

26  file an internal fair hearings process review procedure

27  appeal, and no sanction shall be imposed until the appeal is

28  resolved.

29         (2)  Each participant with a school-age child is

30  required to have a conference with an appropriate school

31  official of the child's school during each grading period to

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    Florida Senate - 1999                                  SB 2384
    30-625-99




  1  assure that the participant is involved in the child's

  2  educational progress and is aware of any existing attendance

  3  or academic problems. The conference must address acceptable

  4  student attendance, grades, and behavior and must be

  5  documented by the school and reported to the department.  The

  6  department shall notify a school of any student in attendance

  7  at that school who is a participant in the Learnfare program

  8  in order that the required conferences are held. A participant

  9  who without good cause fails to attend a conference with a

10  school official is subject to the sanction provided in

11  subsection (1).

12         (3)  The department may not impose any sanction against

13  a participant or other relative caretaker of a school-age

14  child due to the child's failure to make satisfactory progress

15  in school.

16         Section 3.  This act shall take effect July 1, 1999.

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18            *****************************************

19                          SENATE SUMMARY

20    Provides that a long-term placement of a child with a
      relative or other caregiver is not subject to supervision
21    by the Department of Children and Family Services if the
      court determines that the placement is stable. Provides
22    that, for purposes of ch. 39, F.S., the term "other
      person responsible for a child's welfare" includes
23    frequent visitors in the home who care for the child.
      Provides that the Department of Children and Family
24    Services may not impose sanctions under the WAGES Program
      against a child's caregiver because of the child's
25    failure to make satisfactory progress in school.

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