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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 660

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Jones moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 5, between lines 6 and 7,

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16  insert:

17         Section 2.  Section 39.4085, Florida Statutes, is

18  created to read:

19         39.4085  Legislative findings and declaration of intent

20  for rights of dependent children.--The Legislature finds and

21  declares that the design and delivery of child welfare

22  services should be directed by the principle that the health

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

24  therefore, establishes the following goals in support of a

25  "Bill of Rights" for children in shelter or foster care:

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

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

28  department.

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

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

31  as persons in the custody of the state.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 660

    Amendment No.    





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

 2  personal belongings secure and transported with them, and,

 3  unless otherwise ordered by the court, have uncensored

 4  communication, including receiving and sending unopened

 5  communications and having access to a telephone.

 6         (4)  To have personnel providing services who are

 7  sufficiently qualified and experienced to assess the risk

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

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

10  department.

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

12  custodians unless and until there has been a determination by

13  a qualified person exercising competent professional judgment

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

15  or emotional health or safety.

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

17  and psychological screening and, if needed, assessment and

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

19  photograph and fingerprints included in their case management

20  file.

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

22  necessary medical, emotional, psychological, psychiatric and

23  educational evaluations and treatment, as soon as practicable

24  after identification of the need for such services by the

25  screening and assessment process.

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

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

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

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

30  risk factors or those of the other child.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 660

    Amendment No.    





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

 2  history, needs, and risk factors.

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

 4  counselor and the shelter or foster caregiver to deal with

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

 6  others.

 7         (12)  To be involved and incorporated, where

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

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

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

11         (13)  To receive meaningful case management and

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

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

14         (14)  To receive regular communication with a

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

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

17  caregiver.

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

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

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

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

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

23  minimal disruption to their education and retention in their

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

25  all special educational services, including, where

26  appropriate, the appointment of a parent surrogate; the

27  sharing of all necessary information between the school board

28  and the department, including information on attendance and

29  educational progress.

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

31  department over the care they are receiving from their

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 660

    Amendment No.    





 1  caregivers, caseworkers, or other service providers.

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

 3  review hearings.

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

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

 6  appropriate, an attorney ad litem appointed to represent their

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

 8  shall have immediate and unlimited access to the children they

 9  represent.

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

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

12  such review necessary.

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

14  that they receive the services and living conditions to which

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

16  in the custody of the department.

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

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

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

20  services, developmental services programs, Medicare and

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

22  programs for severely emotionally disturbed children.

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

25  Nothing in this section shall be interpreted as requiring the

26  delivery of any particular service or level of service in

27  excess of existing appropriations. No person shall have a

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

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

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

31  achievement of these goals by the Legislature. Nothing herein

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 660

    Amendment No.    





 1  shall require the expenditure of funds to meet the goals

 2  established herein except funds specifically appropriated for

 3  such purpose.

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 5  (Redesignate subsequent sections.)

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

 9  And the title is amended as follows:

10         On page 1, line 20, after the semicolon

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12  insert:

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

14         legislative intent; specifying goals in support

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

16         dependent children in shelter or foster care;

17         clarifying that the establishment of goals does

18         not create rights; prohibiting certain causes

19         of action;

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