Senate Bill sb1098c1

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    Florida Senate - 2002                           CS for SB 1098

    By the Committee on Judiciary; and Senators Garcia and
    Campbell




    308-2111-02

  1                      A bill to be entitled

  2         An act relating to foster care; amending s.

  3         39.812, F.S.; specifying the circumstances

  4         under which the Department of Children and

  5         Family Services may remove a child from a

  6         foster home after denying the foster parent's

  7         application for adoption; providing legislative

  8         findings and intent regarding the delivery of

  9         services under the child welfare system and the

10         role of foster parents as participants in the

11         system; creating s. 409.1684, F.S.; creating

12         the "Foster Parent Act"; specifying

13         responsibilities of the department with respect

14         to foster parents; specifying responsibilities

15         of foster parents; requiring the department and

16         agencies providing foster care services under

17         contract with the department to prepare an

18         annual plan for implementation of the act;

19         providing an effective date.

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

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23         Section 1.  Subsection (4) of section 39.812, Florida

24  Statutes, is amended to read:

25         39.812  Postdisposition relief; petition for

26  adoption.--

27         (4)  The court shall retain jurisdiction over any child

28  placed in the custody of the department until the child is

29  adopted. After custody of a child for subsequent adoption has

30  been given to the department, the court has jurisdiction for

31  the purpose of reviewing the status of the child and the

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    Florida Senate - 2002                           CS for SB 1098
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  1  progress being made toward permanent adoptive placement. As

  2  part of this continuing jurisdiction, for good cause shown by

  3  the guardian ad litem for the child, the court may review the

  4  appropriateness of the adoptive placement of the child. When a

  5  licensed foster parent has applied to adopt a foster child who

  6  has resided with the foster parent for at least 6 months and

  7  who has previously been permanently committed to the legal

  8  custody of the department and the department does not grant

  9  the application to adopt, the department may not, in the

10  absence of a prior court order authorizing it to do so, remove

11  the child from the foster home, except when:

12         (a)  There is probable cause to believe that the child

13  is at imminent risk of abuse or neglect;

14         (b)  Thirty days have expired following written notice

15  to the foster parent of the denial of the application to

16  adopt, within which period no formal challenge of the

17  department's decision has been filed; or

18         (c)  The foster parent agrees to the child's removal.

19         Section 2.  Legislative findings and intent.--

20         (1)  The Legislature finds and declares that the design

21  and delivery of services under the child welfare system should

22  be directed by the principle that health and safety of

23  children should be of paramount concern.

24         (2)  Family foster care is an essential service for

25  children and their families who have been separated due to

26  child abuse, neglect, or dependency. When children have been

27  separated from their families, it is the responsibility of the

28  Department of Children and Family Services, its service

29  providers, and other participants in the child welfare system

30  to respond to the needs of the children and their families, by

31  means which shall include:

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    Florida Senate - 2002                           CS for SB 1098
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  1         (a)  Providing protection and nurture to children in a

  2  safe, healthy environment.

  3         (b)  Meeting the developmental and emotional needs of

  4  the children, including maintaining and promoting the child's

  5  emotional attachment to his or her own family.

  6         (c)  Protecting and promoting the child's cultural

  7  identity and heritage.

  8         (d)  Working toward permanency for the children by

  9  connecting them to safe, nurturing relationships intended to

10  last a lifetime, preferably with their own family.

11         (3)  Foster parents are an essential part of and

12  fulfill an integral role in the child welfare system, along

13  with children in care who are old enough to participate in

14  planning and services, parents of children in care,

15  caseworkers, and other professionals serving the child and

16  family. By providing care for children and supporting the

17  attachment of children to their families in a manner sensitive

18  to each child's and family's unique needs, the foster parent

19  serves the child, the family, and the community.

20         (4)  In order to successfully fulfill their role,

21  foster parents must be committed to the goals for dependent

22  children provided in s. 39.4085, Florida Statutes, and must

23  provide care to children and promote the best interests of the

24  children and families served. In order to achieve these goals,

25  foster parents must understand and be sensitive to issues of

26  culture, ethnicity, and religion, and the children's

27  connection with their families, and must maintain a level of

28  care, conduct, and demeanor that is consistent with the high

29  professional ethics demanded of all others serving children in

30  the child welfare system.

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  1         (5)  The Legislature finds that there is a need to

  2  establish public policy regarding the role of foster parents.

  3  The Legislature intends by enactment of s. 409.1684, Florida

  4  Statutes, to provide a statement of foster parents'

  5  responsibilities, which shall apply to all foster parents in

  6  the state, whether supervised by the Department of Children

  7  and Family Services or by another agency under contract to the

  8  department to provide foster care services.

  9         Section 3.  Section 409.1684, Florida Statutes, is

10  created to read:

11         409.1684 Foster parent responsibilities.--

12         (1)  SHORT TITLE.--This section may be cited as the

13  "Foster Parent Act."

14         (2)  RESPONSIBILITIES OF DEPARTMENT OF CHILDREN AND

15  FAMILY SERVICES TO A FOSTER PARENT.--The responsibilities of

16  the Department of Children and Family Services to a foster

17  parent include, but are not limited to, the following:

18         (a)  Treating a foster parent with dignity, respect,

19  and consideration as a professional participant in the child

20  welfare system.

21         (b)  Giving a foster parent standardized preservice

22  training and appropriate ongoing training to meet mutually

23  assessed needs and improve the foster parent's skills.

24         (c)  Informing a foster parent as to how to contact the

25  appropriate child-placing agency in order to receive

26  information and assistance to access supportive services for

27  children in the foster parent's care.

28         (d)  Providing a foster parent with timely financial

29  reimbursement commensurate with the care needs of the child,

30  as specified in a contract.

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  1         (e)  Providing a foster parent with a copy of the

  2  child's case plan and any subsequent changes, so that the

  3  foster parent will have a clear, written understanding of the

  4  placement agency's plan concerning the placement of a child in

  5  the foster parent's home. It is the foster parent's

  6  responsibility to support activities that will promote the

  7  child's right to relationships with his or her own family and

  8  cultural heritage.

  9         (f)  Providing to a foster parent a fair, timely, and

10  impartial investigation of complaints concerning the foster

11  parent's licensure. The department shall adopt by rule

12  policies that provide foster parents with opportunities to:

13         1.  Have a person of the foster parent's choosing

14  present during licensure review meetings conducted as a result

15  of a complaint.

16         2.  Request and receive a department administrative

17  review of decisions that impact licensure.

18         3.  Have decisions that result in a corrective action

19  plan verbally explained and tied to the specific licensure

20  rules that have been violated.

21         (g)  Providing to a foster parent at any time during

22  which a child is placed with the foster parent additional or

23  necessary information that is relevant to the care of the

24  child.

25         (h)  Notifying a foster parent of scheduled meetings

26  and staff briefings concerning the foster child in order to

27  include the foster parent in actively participating in the

28  case planning and decisionmaking process regarding the child,

29  including individual service planning meetings, administrative

30  case reviews, interdisciplinary staff briefings, and

31  individual educational planning meetings; the opportunity to

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    Florida Senate - 2002                           CS for SB 1098
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  1  be informed of decisions made by the courts, or the department

  2  or its service providers, concerning the child; the

  3  opportunity to provide input concerning the plan of services

  4  for the child and to have that input given full consideration

  5  in the same manner as information presented by any other

  6  professional participant in the child welfare system; and the

  7  opportunity to communicate with other professionals who work

  8  with the foster child within the context of the provision of

  9  services to dependent children, including therapists,

10  physicians, and teachers.

11         (i)  Providing to a foster parent, in a timely and

12  consistent manner, any information a caseworker or other

13  service provider has regarding the child and the child's

14  family which is pertinent to the care and needs of the child

15  and to making a permanency plan for the child. Disclosure of

16  information concerning the child's family shall be limited to

17  information that is essential for understanding the needs of

18  and providing care to the child, in order to protect the

19  rights of the child's family.

20         (j)  Providing to a foster parent reasonable notice of

21  plans to terminate the placement of the child and the reasons

22  for the termination in placement, so that the foster parent

23  will be able to help the child with the transition. Policies

24  for such termination shall be adopted in rule and shall

25  include reasonable timeframes for the child's transition to a

26  new placement. Such notice shall be waived only in cases of a

27  court order or when the child is determined to be at imminent

28  risk of harm.

29         (k)  Notifying a foster parent in a timely and complete

30  manner of all court hearings, including notice of the date and

31  time of the hearing, the name of the judge or hearing officer

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    Florida Senate - 2002                           CS for SB 1098
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  1  hearing the case, the location of the hearing, and the court

  2  docket number of the case.

  3         (l)  Considering a foster parent as a placement option

  4  when a foster child who was formerly placed with the foster

  5  parent is to reenter foster care, if that placement is

  6  consistent with the best interest of the child and other

  7  children in the family foster home.

  8         (m)  Providing to all foster parents a written copy of

  9  the child-placing agency's existing complaint process, which

10  shall include the expectation that the foster parent will be

11  free from acts of harassment and retaliation by the

12  child-placing agency when voicing a complaint.

13         (n)  Informing a foster parent of the complaint

14  procedures for reports they may wish to file concerning

15  misconduct by department employees and of the procedures for

16  investigation and confidential handling of such reports.

17         (o)  Developing and implementing strategies for the

18  prevention of placement disruptions, in recognition of the

19  traumatic effect of placement disruptions on a foster child

20  and the foster family, and for assistance to foster children

21  and foster families in dealing emotionally with placement

22  disruptions when they occur.

23         (3)  RESPONSIBILITIES OF FOSTER PARENTS.--The role of

24  the foster parent is to work in partnership with other

25  professionals to achieve permanency for children and provide

26  for their safety and well-being. A foster parent's

27  responsibilities include, but are not limited to, the

28  following:

29         (a)  The responsibility to openly communicate and share

30  information about the child with other participants in the

31  child welfare system.

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  1         (b) The responsibility to respect the confidentiality

  2  of information concerning foster children and their families

  3  and to act appropriately within applicable confidentiality

  4  laws and rules.

  5         (c)  The responsibility to advocate for children in the

  6  foster parent's care.

  7         (d)  The responsibility to treat children in the foster

  8  parent's care and the children's families with dignity,

  9  respect, and consideration.

10         (e)  The responsibility to recognize the foster

11  parent's own individual and familial strengths and limitations

12  when deciding whether to accept a child into care; and the

13  responsibility to recognize the foster parent's own support

14  needs and use appropriate supports in providing care for

15  foster children.

16         (f)  The responsibility to be aware of the benefits of

17  relying on and affiliating with other foster parents and

18  foster parent associations in improving the quality of care

19  and service to children and families.

20         (g)  The responsibility to assess the foster parent's

21  ongoing individual training needs and take action to meet

22  those needs.

23         (h)  The responsibility to develop and assist in

24  implementing strategies to prevent placement disruptions,

25  recognizing the traumatic impact of placement disruptions on a

26  foster child and all members of the foster family; and the

27  responsibility to provide emotional support for the foster

28  children and members of the foster family if preventive

29  strategies fail and placement disruptions occur.

30         (i)  The responsibility to know the impact foster

31  parenting has on individuals and family relationships; and the

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    Florida Senate - 2002                           CS for SB 1098
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  1  responsibility to endeavor to minimize, as much as possible,

  2  any stress that results from foster parenting.

  3         (j)  The responsibility to know the rewards and

  4  benefits to children, parents, families, and society that come

  5  from foster parenting and to promote the foster parenting

  6  experience in a positive way.

  7         (k)  The responsibility to know the roles, rights, and

  8  responsibilities of foster parents, other professional

  9  participants in the child welfare system, the foster child,

10  and the foster child's own family.

11         (l)  The responsibility to know and, as necessary,

12  fulfill the foster parent's responsibility to serve as a

13  mandated reporter of suspected child abuse, abandonment, or

14  neglect under s. 39.201; and the responsibility to know the

15  department's policy regarding allegations that a foster parent

16  has committed child abuse, abandonment, or neglect, and the

17  applicable administrative rules and procedures governing

18  investigations of those allegations.

19         (m)  The responsibility to know and receive training

20  regarding the purpose of administrative case reviews, case

21  plans, and court processes, as well as any filing or time

22  requirements associated with those proceedings; and the

23  responsibility to actively participate in the foster parent's

24  designated role in these proceedings.

25         (n)  The responsibility to know the appeal procedure

26  for foster parents and the due process afforded to foster

27  parents under the procedure.

28         (o)  The responsibility to know and understand the

29  importance of maintaining accurate and relevant records

30  regarding the child's history and progress, and the

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    Florida Senate - 2002                           CS for SB 1098
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  1  responsibility to be aware of and follow the procedures and

  2  rules of the department.

  3         (p)  The responsibility to share information, through

  4  the department, its service providers, or other participants

  5  in the child welfare system, with the subsequent caregiver,

  6  whether the child's parent or another caregiver, regarding the

  7  child's adjustment in the family foster home.

  8         (q)  The responsibility to provide care and services

  9  that are respectful of and responsive to the child's cultural

10  needs and are supportive of the relationship between the child

11  and his or her own family; the responsibility to recognize the

12  increased importance of maintaining a child's cultural

13  identity when the race or culture of the foster family differs

14  from that of the foster child; and the responsibility to take

15  action to address these issues.

16         (4)  IMPLEMENTATION; ANNUAL PLAN.--The department and

17  each agency providing foster care services under contract with

18  the department shall be responsible for implementing this

19  section and shall annually, by January 1, prepare a plan

20  providing for implementation of this section in each of the

21  department's service districts. The plans shall be submitted

22  to foster parents for comment.

23         Section 4.  This act shall take effect upon becoming a

24  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1098

  3

  4  --    Removes the word "rights" from the catchline to the
          Foster Parent Act.
  5
    --    Includes introductory paragraph in the subsection
  6        relating to the responsibilities of foster parents to
          state that the role of the foster parents is to work in
  7        partnership with other professionals to achieve
          permanency for children.
  8
    --    Revises paragraphs governing the responsibilities of the
  9        Department towards foster parents.

10  --    Adds that the department is also responsible for
          developing and assisting in the implementation of
11        strategies for the prevention of displacement
          disruptions.
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