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