House Bill 0655

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    Florida House of Representatives - 1999                 HB 655

        By Representatives Gottlieb, Wasserman Schultz,
    Greenstein, Levine, Ritchie, Effman, Sobel, Chestnut, Logan,
    Cosgrove and Heyman




  1                      A bill to be entitled

  2         An act relating to dependent children; creating

  3         s. 39.4085, F.S.; providing a "Bill of Rights,"

  4         specifying the rights of dependent children in

  5         shelter or foster care; providing an effective

  6         date.

  7

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

  9

10         Section 1.  Section 39.4085, Florida Statutes, is

11  created to read:

12         39.4085  Rights of dependent children.--The Legislature

13  finds and declares that the design and delivery of child

14  welfare services should be directed by the principle that the

15  health and safety of children should be of paramount concern

16  and, therefore, establishes that children in shelter or foster

17  care have the right to:

18         (1)  Receive a copy of this "Bill of Rights" and have

19  it fully explained to them when they are placed in the custody

20  of the department.

21         (2)  The guarantee of individual dignity, liberty,

22  pursuit of happiness, and the protection of their civil and

23  legal rights as persons in the custody of the state.

24         (3)  Have their privacy protected, have their personal

25  belongings secure and transported with them, and, unless

26  otherwise ordered by the court, have uncensored communication,

27  including receiving and sending unopened communications and

28  having access to a telephone.

29         (4)  Personnel providing services who are sufficiently

30  qualified and experienced to assess the risk children face

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    Florida House of Representatives - 1999                 HB 655

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  1  prior to removal from their homes and to meet the needs of the

  2  children once they are in the custody of the department.

  3         (5)  Remain in the custody of their parents or legal

  4  custodians unless and until there has been a determination by

  5  a qualified person exercising competent professional judgment

  6  that removal is necessary to protect their physical, mental,

  7  or emotional health or safety.

  8         (6)  Have a full risk, health, educational, medical and

  9  psychological screening and, if needed, assessment and testing

10  prior to placement in shelter or foster care; and to have

11  their photograph and fingerprints included in their case

12  management file.

13         (7)  Referral to and receipt of any and all services,

14  including necessary medical, emotional, psychological,

15  psychiatric and educational evaluations and treatment, within

16  1 week after identification of the need for such services by

17  the screening and assessment process.

18         (8)  Placement in a home with no more than one other

19  child, unless they are part of a sibling group.

20         (9)  Placement away from other children who pose a

21  threat of harm to them, either because of their own risk

22  factors or those of the other child.

23         (10)  Placement in a home where the shelter or foster

24  caregiver is aware of and understands the child's history,

25  needs, and risk factors.

26         (11)  Development of a plan by the counselor and the

27  shelter or foster caregiver to deal with identified behaviors

28  that may present a risk to the child or others.

29         (12)  Be involved and incorporated, where appropriate,

30  in the development of the case plan, to have a case plan which

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  1  will address their specific needs, and to object to any of the

  2  provisions of the case plan.

  3         (13)  Meaningful case management and planning that will

  4  quickly return the child to his or her family or move the

  5  child on to other forms of permanency.

  6         (14)  Regular visitation by a caseworker, at least once

  7  a month, which shall include meeting with the child alone and

  8  conferring with the shelter or foster caregiver.

  9         (15)  Regular visitation, at least once a week, with

10  their siblings unless the court orders otherwise.

11         (16)  Regular visitation with their parents, at least

12  once a month, unless the court orders otherwise.

13         (17)  A free and appropriate education; minimal

14  disruption to their education and retention in their home

15  school, if appropriate; referral to the child study team; all

16  special educational services, including, where appropriate,

17  the appointment of a parent surrogate; the sharing of all

18  necessary information between the school board and the

19  department, including information on attendance and

20  educational progress.

21         (18)  Raise grievances with the department over the

22  care they are receiving from their caregivers, caseworkers, or

23  other service providers.

24         (19)  Be heard by the court, if appropriate, at all

25  review hearings.

26         (20)  Have a guardian ad litem appointed to represent

27  their best interests and, where appropriate, an attorney ad

28  litem appointed to represent their legal interests; the

29  guardian ad litem and attorney ad litem shall have immediate

30  and unlimited access to the children they represent.

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    Florida House of Representatives - 1999                 HB 655

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  1         (21)  Have all their records available for review by

  2  their guardian ad litem and attorney ad litem if they deem

  3  such review necessary.

  4         (22)  Organize as a group for purposes of ensuring that

  5  they receive the services and living conditions to which they

  6  are entitled and to provide support for one another while in

  7  the custody of the department.

  8         (23)  Be afforded prompt access to all available state

  9  and federal programs, including, but not limited to: Early

10  Periodic Screening, Diagnosis, and Testing (EPSDT) services,

11  developmental services programs, Medicare and supplemental

12  security income, Children's Medical Services, and programs for

13  severely emotionally disturbed children.

14         Section 2.  This act shall take effect upon becoming a

15  law.

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17            *****************************************

18                          HOUSE SUMMARY

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      Provides a "Bill of Rights" specifying the rights of
20    children in the custody of the Department of Children and
      Family Services who have been placed in shelter or foster
21    care.

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