CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 660

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Jones moved the following amendment to amendment

12  (782172):

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14         Senate Amendment (with title amendment) 

15         On page 16, between lines 15 and 16,

16

17  insert:

18         Section 5.  Section 39.4085, Florida Statutes, is

19  created to read:

20         39.4085  Legislative findings and declaration of intent

21  for goals for dependent children.--The Legislature finds and

22  declares that the design and delivery of child welfare

23  services should be directed by the principle that the health

24  and safety of children should be of paramount concern and,

25  therefore, establishes the following goals for children in

26  shelter or foster care:

27         (1)  To receive a copy of this act and have it fully

28  explained to them when they are placed in the custody of the

29  department.

30         (2)  To enjoy individual dignity, liberty, pursuit of

31  happiness, and the protection of their civil and legal rights

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 660

    Amendment No.    





 1  as persons in the custody of the state.

 2         (3)  To have their privacy protected, have their

 3  personal belongings secure and transported with them, and,

 4  unless otherwise ordered by the court, have uncensored

 5  communication, including receiving and sending unopened

 6  communications and having access to a telephone.

 7         (4)  To have personnel providing services who are

 8  sufficiently qualified and experienced to assess the risk

 9  children face prior to removal from their homes and to meet

10  the needs of the children once they are in the custody of the

11  department.

12         (5)  To remain in the custody of their parents or legal

13  custodians unless and until there has been a determination by

14  a qualified person exercising competent professional judgment

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

16  or emotional health or safety.

17         (6)  To have a full risk, health, educational, medical

18  and psychological screening and, if needed, assessment and

19  testing upon adjudication into foster care; and to have their

20  photograph and fingerprints included in their case management

21  file.

22         (7)  To be referred to and receive services, including

23  necessary medical, emotional, psychological, psychiatric and

24  educational evaluations and treatment, as soon as practicable

25  after identification of the need for such services by the

26  screening and assessment process.

27         (8)  To be placed in a home with no more than one other

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

29         (9)  To be placed away from other children known to

30  pose a threat of harm to them, either because of their own

31  risk factors or those of the other child.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 660

    Amendment No.    





 1         (10)  To be placed in a home where the shelter or

 2  foster caregiver is aware of and understands the child's

 3  history, needs, and risk factors.

 4         (11)  To be the subject of a plan developed by the

 5  counselor and the shelter or foster caregiver to deal with

 6  identified behaviors that may present a risk to the child or

 7  others.

 8         (12)  To be involved and incorporated, where

 9  appropriate, in the development of the case plan, to have a

10  case plan which will address their specific needs, and to

11  object to any of the provisions of the case plan.

12         (13)  To receive meaningful case management and

13  planning that will quickly return the child to his or her

14  family or move the child on to other forms of permanency.

15         (14)  To receive regular communication with a

16  caseworker, at least once a month, which shall include meeting

17  with the child alone and conferring with the shelter or foster

18  caregiver.

19         (15)  To enjoy regular visitation, at least once a

20  week, with their siblings unless the court orders otherwise.

21         (16)  To enjoy regular visitation with their parents,

22  at least once a month, unless the court orders otherwise.

23         (17)  To receive a free and appropriate education;

24  minimal disruption to their education and retention in their

25  home school, if appropriate; referral to the child study team;

26  all special educational services, including, where

27  appropriate, the appointment of a parent surrogate; the

28  sharing of all necessary information between the school board

29  and the department, including information on attendance and

30  educational progress.

31         (18)  To be able to raise grievances with the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 660

    Amendment No.    





 1  department over the care they are receiving from their

 2  caregivers, caseworkers, or other service providers.

 3         (19)  To be heard by the court, if appropriate, at all

 4  review hearings.

 5         (20)  To have a guardian ad litem appointed to

 6  represent, within reason, their best interests and, where

 7  appropriate, an attorney ad litem appointed to represent their

 8  legal interests; the guardian ad litem and attorney ad litem

 9  shall have immediate and unlimited access to the children they

10  represent.

11         (21)  To have all their records available for review by

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

13  such review necessary.

14         (22)  To organize as a group for purposes of ensuring

15  that they receive the services and living conditions to which

16  they are entitled and to provide support for one another while

17  in the custody of the department.

18         (23)  To be afforded prompt access to all available

19  state and federal programs, including, but not limited to:

20  Early Periodic Screening, Diagnosis, and Testing (EPSDT)

21  services, developmental services programs, Medicare and

22  supplemental security income, Children's Medical Services, and

23  programs for severely emotionally disturbed children.

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25  The provisions of this section establish goals and not rights.

26  Nothing in this section shall be interpreted as requiring the

27  delivery of any particular service or level of service in

28  excess of existing appropriations. No person shall have a

29  cause of action against the state or any of its subdivisions,

30  agencies, contractors, subcontractors, or agents, based upon

31  the adoption of or failure to provide adequate funding for the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 660

    Amendment No.    





 1  achievement of these goals by the Legislature. Nothing herein

 2  shall require the expenditure of funds to meet the goals

 3  established herein except funds specifically appropriated for

 4  such purpose.

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 6  (Redesignate subsequent sections.)

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 8

 9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 18, line 2, after "severability;"

12

13  insert:

14         creating s. 39.4085, F.S.; providing

15         legislative intent; specifying goals in support

16         of a "Bill of Rights," specifying the rights of

17         dependent children in shelter or foster care;

18         clarifying that the establishment of goals does

19         not create rights; prohibiting certain causes

20         of action;

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