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:
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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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Florida House of Representatives - 1999 HB 655
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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
592-106-99
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
19
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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