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A bill to be entitled |
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An act relating to children in custody of the state; |
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requiring the Department of Children and Family Services |
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to enter into interagency agreements with public or |
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private entities for delivery of services to children in |
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care or custody or under the supervision of the |
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department; requiring an agreement between the department |
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and the Department of Education; requiring an agreement |
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between the department and district school boards; |
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specifying provisions of each agreement; providing an |
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effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. The Department of Children and Family Services |
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or its successor shall enter into agreements, contracts, or |
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other legal arrangements with public or private entities for the |
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purpose of facilitating the delivery of any service or program |
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to children in the care or custody or under the supervision of |
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the department, avoiding duplication of services or programs, or |
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combining resources to maximize the availability or delivery of |
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services or programs.
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(1) The Department of Children and Family Services shall |
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enter into an agreement with the Department of Education |
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regarding the education and related care of children known to |
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the department who are in shelter care, foster care, or out-of- |
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home care, placed with a relative caregiver, or under protective |
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supervision of the department. Such agreement shall be designed |
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to expedite, facilitate, access, and otherwise provide education |
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success to children known to the Department of Children and |
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Family Services.
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(2) The Department of Children and Family Services shall |
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enter into agreements with district school boards or other local |
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educational entities regarding the education and related |
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services of children known to the department. The interagency |
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agreement between each school district and the applicable |
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Department of Children and Family Services district or lead |
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agency for such district shall fulfill the constitutional |
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mandate to provide an education to Florida's children, including |
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those children in the temporary or permanent custody of the |
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state. Each agreement shall include, but not be limited to:
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(a) Responsibility by the Department of Children and |
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Family Services for enrolling the child in school or continuing |
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the child's enrollment at the same school to avoid disruption of |
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education from the time of shelter until other appropriate |
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arrangements can be made.
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(b) A requirement that the Department of Children and |
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Family Services request of a school district all available and |
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appropriate services for a child in the custody of the state and |
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notify the school district where the child resides and the |
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caseworker's name and phone number for child safety purposes.
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(c) An authorization for a school district and the |
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Department of Children and Family Services to share information |
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about a child, since the sharing of information will assist each |
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agency in providing education and related services for the |
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benefit of the child.
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(d) Provision for transportation of a child in state |
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custody when such transportation will avoid a change in school |
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assignment due to a change in residential placement, and any |
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other mechanisms designed to stabilize a child's school |
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placement while the child is known to the department.
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(e) Cooperation in accessing the services and supports |
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needed for a child who has or is suspected of having a |
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disability to receive an appropriate education consistent with |
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the Individuals with Disabilities Education Act and state |
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implementing laws, rules, and assurances.
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(f) Coordination of services for a child who has or is |
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suspected of having a disability, to include:
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1. Prompt referral for evaluation.
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2. Sharing of evaluations between the school district and |
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the Department of Children and Family Services.
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3. Provision of education and related services appropriate |
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for the child's needs and abilities.
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4. Coordination of services and plans between the school |
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and the residential setting.
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5. Appointment of a surrogate parent for educational |
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purposes for each child as soon as the child is determined to be |
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dependent and without regard to where the child is placed so |
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that one surrogate parent can follow the child's education |
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during his or her entire time in state custody.
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6. Training for surrogate parents to include the effects |
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of abuse, neglect, and removal from home on the child's ability |
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to learn.
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7. For each child 14 years of age and older, transition |
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planning by the Department of Children and Family Services and |
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all providers, including the department's independent living |
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program staff.
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8. Provision of parent training in cases in which |
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reunification is the goal or for preadoptive parents when |
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adoption is the goal, so that parents learn how to access the |
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services the child needs and the importance of their involvement |
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in the child's education.
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(g) Provision of individualized student intervention or |
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academic improvement plans when a determination has been made |
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through legally appropriate criteria that intervention services |
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are required.
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(h) Participation by the district school system in |
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Department of Children and Family Services case planning for a |
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child, both at the time of plan development and plan review.
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(i) Training for caseworkers and foster parents to include |
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information on the child's right to an education, the role of an |
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education in the child's development and adjustment, the proper |
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ways to access education and related services for the child, and |
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the importance and strategies for parent involvement in |
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education for the success of the child.
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(j) Training of Department of Children and Family Services |
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contractors and school-leased contractors with respect to the |
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education of children and related issues.
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Section 2. This act shall take effect July 1, 2003. |