HB 507

1	A bill to be entitled
2	An act relating to rights of dependent children and youth;
3	amending s. 39.4085, F.S.; revising legislative findings
4	and intent; establishing rights for children and youth in
5	shelter and foster care; requiring additional
6	documentation to be included in a case management file;
7	revising placement criteria; providing for children and
8	youth in shelter and foster care to participate in certain
9	planning processes; revising provisions relating to
10	educational services; providing for access by a child or
11	youth to representation in the grievance process;
12	providing for review of certain records at no cost by
13	specified persons; providing for access to programs for
14	behaviorally disturbed children and youth; providing for
15	medical care while in the care of the state; providing
16	transitional services; prohibiting certain causes of
17	action; providing for continuation of certain rights and
18	remedies established in state or federal law; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 39.4085, Florida Statutes, is amended
24	to read:
25	39.4085  Legislative findings and declaration of intent for
26	rights of goals for dependent children and youth.--The
27	Legislature finds and declares that the design and delivery of
28	child welfare services should be directed by the principle that
29	the health and safety of children and youth should be of
30	paramount concern and that minimum standards of care, called
31	"rights," will assist those involved in the care of children and
32	youth to institute best practices and, therefore, establishes
33	the following rights goals for children and youth in shelter or
34	foster care:
35	(1)  To receive a copy of this section or an age-
36	appropriate version of the rights described in this section act
37	and have those rights it fully explained to them in an age-
38	appropriate manner when they are placed in the custody of the
39	department and at the time of each change of placement.
40	(2)  To enjoy individual dignity, liberty, pursuit of
41	happiness, and the protection of their civil and legal rights as
42	persons in the custody of the state.
43	(3)  To have their privacy protected, have their personal
44	belongings secure and transported with them, and, unless
45	otherwise ordered by the court to protect their safety, have
46	uncensored communication, including receiving and sending
47	unopened communications and having access to a telephone.
48	(4)  To have personnel providing services who are
49	sufficiently qualified and experienced to assess the risk
50	children and youth face prior to removal from their homes and to
51	meet the needs of the children and youth once they are in the
52	custody of the department.
53	(5)  To remain in the custody of their parents or legal
54	custodians unless and until there has been a determination by a
55	qualified person exercising competent professional judgment that
56	removal is necessary to protect their physical, mental, or
57	emotional health or safety.
58	(6)  To have a full risk, health, educational, medical and
59	psychological screening and, if needed, assessment and testing
60	upon adjudication into foster care; and to have their
61	photograph, and fingerprints, birth certificate, and health
62	insurance information included in their case management file.
63	(7)  To be referred to and receive services, including
64	necessary medical, emotional, psychological, psychiatric, and
65	educational evaluations and treatment, as soon as practicable
66	after identification of the need for such services by the
67	screening and assessment process or when a need arises.
68	(8)  To be placed in the most family-like setting available
69	that is safe and adequate in a home with no more than one other
70	foster child, unless they are part of a sibling group, and to
71	remain in a stable, nurturing placement without the risk of
72	removal by the department to a second placement without notice
73	and coordination of services.
74	(9)  To be placed away from other children and adults known
75	to pose a threat of harm to them, either because of their own
76	risk factors or those of the other person child.
77	(10)  To be placed in a home where they will not be touched
78	in an inappropriate manner or asked to perform inappropriate
79	actions and where they are able to feel safe and be treated with
80	respect when reporting an act or language that disturbs them.
81	(11)(10)  To be placed in a home where the shelter or
82	foster caregiver is aware of and understands the child's or
83	youth's history, needs, and risk factors.
84	(12)(11)  To participate with caregivers and professionals
85	in developing a plan be the subject of a plan developed by the
86	counselor and the shelter or foster caregiver to deal with
87	identified needs and any behaviors that may present a risk to
88	the child or youth or others.
89	(13)(12)  To be involved and incorporated, where
90	appropriate, in the development of the case plan, to have a case
91	plan which will address the their specific needs of the child or
92	youth and the family, to have the case plan and related services
93	explained and delivered in a respectful and racially and
94	culturally sensitive manner, and to have the opportunity to
95	object to any of the provisions of the case plan, and to receive
96	an explanation of all responses to objections.
97	(14)(13)  To receive meaningful case management and
98	planning that will quickly return the child or youth to his or
99	her family or move the child or youth on to other forms of
100	permanency as soon as legally appropriate, consistent with the
101	child's or youth's safety and well-being, and to be advised that
102	permanency is a right of the child or youth and that time is of
103	the essence in proceedings relating to his or her case.
104	(15)(14)  To receive regular communication with a
105	caseworker, at least once a month, which shall include meeting
106	with the child or youth alone and conferring with the shelter or
107	foster caregiver.
108	(16)(15)  To be placed in the same home as their siblings
109	and, when that is not possible, to enjoy private communication
110	and at least weekly regular visitation, at least once a week,
111	with their siblings unless the court orders otherwise.
112	(17)(16)  To enjoy regular visitation with their parents,
113	at least once a month, unless the court orders otherwise.
114	(18)(17)  To receive a free and appropriate education as
115	provided under the Florida School Code in the least restrictive
116	environment available; minimal disruption to their education for
117	court and related proceedings and continuation retention in
118	their home school, if appropriate; referral to the child study
119	team when appropriate educational progress is not being made;
120	receipt of all special educational services for which the child
121	or youth is eligible, including, when where appropriate, the
122	appointment of a parent surrogate parent for educational
123	decisionmaking; and the sharing of all necessary information
124	between the school board and the department, including
125	information on attendance and educational progress.
126	(19)(18)  To be able to raise grievances with the
127	department over the care they are receiving from their
128	caregivers, caseworkers, or other service providers and, for any
129	violation of the rights explained in this section, have access
130	to the grievance process established by the local community-
131	based care organization and access to representation if the
132	child or youth so requests.
133	(20)(19)  To be present and heard by the court and other
134	decisionmakers, if appropriate, at all review hearings and any
135	other meetings or proceedings where decisions are made regarding
136	the child or youth, unless the child or youth decides otherwise
137	or the court determines that an appearance is not in the child's
138	or youth's best interests.
139	(21)(20)  To have a guardian ad litem appointed to
140	represent, within reason, their best interests and report on
141	their expressed wishes and to have, where appropriate, an
142	attorney ad litem of their choice or appointed by the court to
143	represent their legal interests; the guardian ad litem and
144	attorney ad litem shall have immediate and unlimited access to
145	the children and youth they represent.
146	(22)(21)  To have all their records maintained in a
147	complete and accurate manner and to have those records available
148	for review at no cost by their guardian ad litem and attorney ad
149	litem if they deem such review necessary.
150	(23)(22)  To be permitted to communicate with other
151	children and youth in care for the purpose of organizing
152	organize as a group to advocate for purposes of ensuring that
153	they receive the services and living conditions to which they
154	are entitled and for improvements in the child welfare system,
155	and to provide support for one another while in the custody of
156	the department.
157	(24)(23)  To be afforded prompt access to all available
158	state and federal programs, including, but not limited to: Early
159	Periodic Screening, Diagnosis, and Testing (EPSDT) services,
160	developmental services programs, Medicare and supplemental
161	security income, Children's Medical Services, and programs for
162	severely emotionally and behaviorally disturbed children and
163	youth.
164	(25)  To be afforded all necessary medical, dental, and
165	vision care while in the custody of the state.
166	(26)  To be afforded the services, opportunities, and
167	supports needed to transition to adulthood and self-sufficiency,
168	especially including the right to develop, with assistance, a
169	meaningful plan for transition and to be given an explanation of
170	the rights and responsibilities under Florida's Road-to-
171	Independence Program.
172
173	The provisions of this section establish goals and not rights.
174	Nothing in this section shall be interpreted as requiring the
175	delivery of any particular service or level of service in excess
176	of existing appropriations. No person shall have a cause of
177	action against the state or any of its subdivisions, agencies,
178	contractors, subcontractors, or agents, based upon the adoption
179	of or failure to provide adequate funding for the minimum
180	standards established in this section achievement of these goals
181	by the Legislature. Nothing herein shall require the expenditure
182	of funds for the rights to meet the goals established herein
183	except funds specifically appropriated for such purpose;
184	however, if a right specified in this section is established
185	elsewhere in state or federal law, this section shall not
186	abrogate that right or any potential remedy otherwise available.
187	Section 2.  This act shall take effect July 1, 2007.

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