CS/HB 507

1
A bill to be entitled
2An act relating to dependent children and youth; amending
3s. 39.0016, F.S.; authorizing the Department of Children
4and Family Services to permit children in foster care to
5participate in home schooling, enroll in the K-8 Virtual
6School Program, or attend a private school on scholarship
7under certain conditions; amending s. 39.201, F.S.;
8providing a process for recommending a change of placement
9of a child in a shelter or foster home who is perceived to
10be at risk; providing for a hearing; requiring that any
11written requests, reports, or recommendations required be
12provided to the department, the community-based care lead
13agency, the court, the parents, and the guardian ad litem
14for review; amending s. 39.4085, F.S.; revising
15legislative findings and intent; establishing standards
16for delivery of child welfare services for dependent
17children and youth; requiring an informational session
18when children or youth are placed in custody of the
19department; requiring additional documentation in case
20management files; requiring that a child or youth be
21placed in a home determined to be safe; allowing for a
22change of placement when a threat to safety exists;
23requiring criminal history records checks of persons with
24whom the child or youth may be placed; providing for a
25child or youth to participate in developing a plan to deal
26with behavioral risks; providing for a child or youth to
27participate in developing the case plan, make objections,
28and receive responses to objections; providing for a move
29to permanency as soon as appropriate and in the interest
30of the child's or youth's safety or well-being; requiring
31case workers to prepare reports for a child's or youth's
32case management file; requiring children or youths to be
33placed with their siblings when possible; requiring the
34department or community-based care lead agency to comply
35with reporting requirements of the court; providing for a
36guardian ad litem to report on a child's or youth's
37expressed wishes; requiring records to be maintained in a
38complete and accurate manner and to be available to the
39guardian ad litem or attorney ad litem at no cost;
40permitting children or youth in care to communicate and to
41organize an advocacy plan; amending s. 39.6012, F.S.;
42requiring case plans to include additional information;
43amending s. 39.603, F.S.; providing for the appearance of
44a child in court to discuss the placement informational
45session; amending s. 39.701, F.S.; requiring caseworkers
46to include a written report regarding communication with
47the child in the case management file; providing for a
48hearing; providing for severability; providing an
49effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Subsection (6) is added to section 39.0016,
54Florida Statutes, to read:
55     39.0016  Education of abused, neglected, and abandoned
56children.--
57     (6)  Upon the request of a foster parent, the department
58shall allow a child living in a foster home to be home educated
59pursuant to s. 1002.41, enroll in the K-8 Virtual School Program
60pursuant to s. 1002.415, or attend a private school on a
61scholarship pursuant to s. 1002.39 or s. 220.187 under the
62following conditions:
63     (a)  If parental rights have not been terminated, when the
64biological parent gives written consent for the change in the
65school setting and the home school or K-8 virtual school plan is
66incorporated into the child's case plan and approved by the
67court;
68     (b)  If parental rights have been terminated, when the home
69school or K-8 virtual school plan is incorporated into the
70child's case plan and approved by the court; or
71     (c)  If the child is subject to an individual education
72plan, when the foster parent approves the individual education
73plan and that plan is incorporated into the child's case plan
74and approved by the court.
75     Section 2.  Paragraph (j) is added to subsection (2) of
76section 39.201, Florida Statutes, to read:
77     39.201  Mandatory reports of child abuse, abandonment, or
78neglect; mandatory reports of death; central abuse hotline.--
79     (2)
80     (j)  If an employee of the department or community-based
81care lead agency, or any subcontractor of the community-based
82care lead agency, believes that the physical, mental, or
83emotional health or safety of a child in a shelter or foster
84home is at risk, the employee shall, in addition to making a
85call to the central abuse hotline or appropriate county
86sheriff's office, make a written request or recommendation to
87move the child for his or her protection. The written request or
88recommendation shall be made part of the child's case management
89file and a copy of the written request or recommendation shall
90be provided for review to the department, the community-based
91care lead agency, the court, the guardian ad litem appointed to
92the child, and the child's parents if their parental rights have
93not been terminated and they are not the subject or cause of the
94threat raised while the matter is still under investigation. The
95court shall, on its own motion or upon the request of the
96guardian ad litem or any other party, hold a status conference
97or hearing to discuss the request, report, or recommendation and
98any resulting investigation or review by the department or
99community-based care lead agency.
100     Section 3.  Section 39.4085, Florida Statutes, is amended
101to read:
102     39.4085  Legislative findings and declaration of intent for
103standards goals for dependent children and youth.--The
104Legislature finds and declares that the design and delivery of
105child welfare services should be directed by the principle that
106the health and safety of children and youth should be of
107paramount concern and, therefore, establishes the following
108standards goals for children and youth in shelter or foster
109care:
110     (1)  To have an informational session with an employee of
111the department or community-based care lead agency during which
112they shall be advised of and receive a copy of this section act
113and have it fully explained to them in an age-appropriate manner
114when they are placed in the custody of the department.
115     (2)  To enjoy individual dignity, liberty, pursuit of
116happiness, and the protection of their civil and legal rights as
117persons in the custody of the state.
118     (3)  To have their privacy protected, have their personal
119belongings secure and transported with them, and, unless
120otherwise ordered by the court, have uncensored communication,
121including receiving and sending unopened communications and
122having access to a telephone.
123     (4)  To have personnel providing services who are
124sufficiently qualified and experienced to assess the risk
125children and youth face prior to removal from their homes and to
126meet the needs of the children and youth once they are in the
127custody of the department.
128     (5)  To remain in the custody of their parents or legal
129custodians unless and until there has been a determination by a
130qualified person exercising competent professional judgment that
131removal is necessary to protect their physical, mental, or
132emotional health or safety.
133     (6)  To have a full risk, health, educational, medical and
134psychological screening and, if needed, assessment and testing
135upon adjudication into foster care; and to have their
136photograph, and fingerprints, birth certificate, and health
137insurance information, if available, included in their case
138management file.
139     (7)  To be referred to and receive services, including
140necessary medical, emotional, psychological, psychiatric, and
141educational evaluations and treatment, as soon as practicable
142after identification of the need for such services by the
143screening and assessment process.
144     (8)  To be placed in a home with no more than one other
145child, unless they are part of a sibling group.
146     (9)  To be placed away from other children, youth, and
147adults known to pose a threat of harm to them, either because of
148their own risk factors or those of the other person child.
149     (10)  To be placed in a home where they will not be touched
150in an inappropriate manner, asked to touch another person in an
151inappropriate manner, or engage in any other inappropriate act.
152     (11)  To be placed in a home where the child or youth feels
153safe and, upon approval of the court, to be moved to a new out-
154of-home placement if a qualified person exercising competent,
155professional judgment makes a written request or recommendation
156to move the child or youth to protect his or her physical,
157mental, emotional, or behavioral health or safety.
158     (12)  To have any and all criminal history records checks
159pursuant to s. 39.0138 completed on any person with whom
160placement of a child or youth is being considered, including any
161caregivers, family members, and individuals residing in the
162household from which the child or youth was removed if
163reunification after removal is sought pursuant to s. 39.521,
164before the child or youth is placed.
165     (13)(10)  To be placed in a home where the shelter or
166foster caregiver is aware of and understands the child's or
167youth's history, needs, and risk factors.
168     (14)(11)  If the court deems it is in the best interest of
169the child or youth, to participate with caregivers and
170professionals in developing a plan To be the subject of a plan
171developed by the counselor and the shelter or foster caregiver
172to deal with identified behaviors that may present a risk to the
173child or youth or others. If the child or youth is participating
174in the development of the plan, the caregivers and professionals
175shall use age-appropriate terminology so that the child or youth
176is able to understand the process and the decisions that are
177made.
178     (15)(12)  If the court deems it is in the best interest of
179the child or youth, to be involved and incorporated, where
180appropriate, in the development of the case plan, to have a case
181plan which will address the child's or youth's their specific
182needs, to receive a copy of the written case plan, to have the
183case plan and related services explained in an age-appropriate
184manner, to have the opportunity and to object to any of the
185provisions of the case plan, to receive an explanation of all
186responses to his or her objections, and to initial the written
187case plan before it is submitted to the court for approval.
188     (16)(13)  To receive meaningful case management and
189planning that will quickly return the child or youth to his or
190her family or move the child or youth on to other forms of
191permanency consistent with the child's or youth's safety and
192well-being.
193     (17)(14)  To receive regular communication with a
194caseworker, at least once a month, which shall include meeting
195with the child or youth alone and conferring with the shelter or
196foster caregiver and to have a written summary of that meeting
197included in the child's or youth's case management file.
198     (18)(15)  To be placed in the same home as their siblings
199or, when that is not possible, to enjoy regular visitation, at
200least once a week, with their siblings unless the court orders
201otherwise.
202     (19)(16)  To enjoy regular visitation with their parents,
203at least once a month, unless the court orders otherwise.
204     (20)(17)  To receive a free and appropriate education;
205minimal disruption to their education and retention in their
206home school, if appropriate; referral to the child study team;
207all special educational services, including, where appropriate,
208the appointment of a parent surrogate; the sharing of all
209necessary information between the school board and the
210department, including information on attendance and educational
211progress.
212     (21)(18)  To be able to raise grievances with the
213department over the care they are receiving from their
214caregivers, caseworkers, or other service providers.
215     (22)(19)  To be heard by the court, if appropriate, at all
216review hearings.
217     (23)  To have the department or community-based care lead
218agency adhere to the requirements set forth in s. 39.701(7)(a)
219and report the information required therein to the court.
220     (24)(20)  To have a guardian ad litem appointed to
221represent, within reason, their best interests and report on
222their expressed wishes and, where appropriate, an attorney ad
223litem appointed by the court to represent their legal interests;
224the guardian ad litem and attorney ad litem shall have immediate
225and unlimited access to the children and youth they represent.
226     (25)(21)  To have all their records maintained in a
227complete and accurate manner, including the full name and street
228address of any and all shelters, foster parents, or permanent
229placements with whom the child or youth is placed, to have those
230records available for review at no cost by their guardian ad
231litem and attorney ad litem if they deem such review necessary,
232and to be provided a complete and accurate copy of his or her
233entire case management file, including any documents or
234materials concerning services or benefits that may be available
235to him or her pursuant to s. 409.1451 to make the transition to
236self-sufficiency when he or she leaves foster care at 18 years
237of age.
238     (26)(22)  To be permitted to communicate with other
239children and youth in care for the purpose of organizing
240organize as a group to advocate for purposes of ensuring that
241they receive the services and living conditions to which they
242are entitled and to provide support for one another while in the
243custody of the department.
244     (27)(23)  To be afforded prompt access to all available
245state and federal programs, including, but not limited to: Early
246Periodic Screening, Diagnosis, and Testing (EPSDT) services,
247developmental services programs, Medicare and supplemental
248security income, Children's Medical Services, and programs for
249severely emotionally and behaviorally disturbed children and
250youth.
251
252The provisions of this section establish standards goals and not
253rights. Nothing in this section shall be interpreted as
254requiring the delivery of any particular service or level of
255service in excess of existing appropriations. No person shall
256have a cause of action against the state or any of its
257subdivisions, agencies, contractors, subcontractors, or agents,
258based upon the adoption of or failure to provide adequate
259funding for the achievement of these standards goals by the
260Legislature. Nothing herein shall require the expenditure of
261funds to meet the standards goals established herein except
262funds specifically appropriated for such purpose.
263     Section 4.  Subsection (3) of section 39.6012, Florida
264Statutes, is renumbered as subsection (4), and a new subsection
265(3) is added to that section, to read:
266     39.6012  Case plan tasks; services.--
267     (3)  The case plan shall include the full name and street
268address of all shelters, foster parents, or permanent placements
269with whom the child is placed, and the child shall receive a
270complete copy of his or her case management file, including any
271documents or materials concerning services or benefits that may
272be available to him or her pursuant to s. 409.1451 to make the
273transition to self-sufficiency, at no cost, when he or she
274leaves foster care at 18 years of age.
275     Section 5.  Subsection (4) is added to section 39.603,
276Florida Statutes, to read:
277     39.603  Court approvals of case planning.--
278     (4)  At the hearing on the case plan, the court may require
279the child to appear before the court to discuss the placement
280informational session provided for in s. 39.4085(1).
281     Section 6.  Paragraph (e) is added to subsection (7) of
282section 39.701, Florida Statutes, to read:
283     39.701  Judicial review.--
284     (7)
285     (e)  After each meeting between the child and his or her
286caseworker, the caseworker shall prepare a written report
287summarizing his or her communication with the child for the
288child's case management file. A copy of the written report shall
289be provided for review to the department, the community-based
290care lead agency, the court, the guardian ad litem appointed to
291the child, and the child's parents if their parental rights have
292not been terminated and they are not the subject or cause of the
293concern while the matter is still under investigation. The court
294shall, on its own motion or upon the request of the guardian ad
295litem or any other party, hold a status conference or hearing to
296discuss the report and any resulting investigation or review by
297the department or community-based care lead agency.
298     Section 7.  If any provision of this act or the application
299thereof to any person or circumstance is held invalid, the
300invalidity does not affect other provisions or applications of
301the act which can be given effect without the invalid provision
302or application, and to this end the provisions of this act are
303declared severable.
304     Section 8.  This act shall take effect July 1, 2007.


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