HB 15

1
A bill to be entitled
2An act relating to dependent children and youth; amending
3s. 39.201, F.S.; providing a process for recommending a
4change of placement of a child in a shelter or foster home
5who is perceived to be at risk; providing for a hearing;
6requiring that any written requests, reports, or
7recommendations required be provided to the department,
8the community-based care lead agency, the court, the
9parents, and the guardian ad litem for review; amending s.
1039.4085, F.S.; revising legislative findings and intent;
11establishing standards for delivery of child welfare
12services for dependent children and youth; requiring an
13informational session when children or youth are placed in
14custody of the department; requiring additional
15documentation in case management files; requiring that a
16child or youth be placed in a home determined to be safe;
17allowing for a change of placement when a threat to safety
18exists; requiring criminal history records checks and
19Florida Abuse Hotline Information System history checks of
20persons with whom the child or youth may be placed;
21providing for a child or youth to participate in
22developing a plan to deal with behavioral risks; providing
23for a child or youth to participate in developing the case
24plan, make objections, and receive responses to
25objections; providing for a move to permanency as soon as
26appropriate and in the interest of the child's or youth's
27safety or well-being; requiring case workers to prepare
28reports for a child's or youth's case management file;
29requiring children or youth to be placed with their
30siblings when possible; requiring the department or
31community-based care lead agency to comply with reporting
32requirements of the court; providing for a guardian ad
33litem to report on a child's or youth's expressed wishes;
34requiring records to be maintained in a complete and
35accurate manner and to be available to the guardian ad
36litem or attorney ad litem at no cost; permitting children
37or youth in care to communicate and to organize an
38advocacy plan; amending s. 39.6012, F.S.; requiring case
39plans to include additional information; amending s.
4039.603, F.S.; providing for the appearance of a child in
41court to discuss the placement informational session;
42amending s. 39.701, F.S.; requiring caseworkers to include
43a written report regarding communication with the child in
44the case management file; providing for a hearing;
45providing for severability; providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Paragraph (j) is added to subsection (2) of
50section 39.201, Florida Statutes, to read:
51     39.201  Mandatory reports of child abuse, abandonment, or
52neglect; mandatory reports of death; central abuse hotline.--
53     (2)
54     (j)  If an employee of the department or community-based
55care lead agency, or any subcontractor of the community-based
56care lead agency, believes that the physical, mental, or
57emotional health or safety of a child in a shelter or foster
58home is at risk, the employee shall, in addition to making a
59call to the central abuse hotline or appropriate county
60sheriff's office, make a written request or recommendation to
61move the child for his or her protection. The written request or
62recommendation shall be made part of the child's case management
63file and a copy of the written request or recommendation shall
64be provided for review to the department, the community-based
65care lead agency, the court, the guardian ad litem appointed to
66the child, and the child's parents if their parental rights have
67not been terminated and they are not the subject or cause of the
68threat raised while the matter is still under investigation. The
69court shall, on its own motion or upon the request of the
70guardian ad litem or any other party, hold a status conference
71or hearing to discuss the request, report, or recommendation and
72any resulting investigation or review by the department or
73community-based care lead agency.
74     Section 2.  Section 39.4085, Florida Statutes, is amended
75to read:
76     39.4085  Legislative findings and declaration of intent for
77standards goals for dependent children and youth.--The
78Legislature finds and declares that the design and delivery of
79child welfare services should be directed by the principle that
80the health and safety of children and youth should be of
81paramount concern and, therefore, establishes the following
82standards goals for children and youth in shelter or foster
83care:
84     (1)  To have an informational session with an employee of
85the department or community-based care lead agency during which
86they shall be advised of and receive a copy of this section act
87and have it fully explained to them in an age-appropriate manner
88when they are placed in the custody of the department.
89     (2)  To enjoy individual dignity, liberty, pursuit of
90happiness, and the protection of their civil and legal rights as
91persons in the custody of the state.
92     (3)  To have their privacy protected, have their personal
93belongings secure and transported with them, and, unless
94otherwise ordered by the court, have uncensored communication,
95including receiving and sending unopened communications and
96having access to a telephone.
97     (4)  To have personnel providing services who are
98sufficiently qualified and experienced to assess the risk
99children and youth face prior to removal from their homes and to
100meet the needs of the children and youth once they are in the
101custody of the department.
102     (5)  To remain in the custody of their parents or legal
103custodians unless and until there has been a determination by a
104qualified person exercising competent professional judgment that
105removal is necessary to protect their physical, mental, or
106emotional health or safety.
107     (6)  To have a full risk, health, educational, medical, and
108psychological screening and, if needed, assessment and testing
109upon adjudication into foster care; and to have their
110photograph, and fingerprints, birth certificate, and health
111insurance information, if available, included in their case
112management file.
113     (7)  To be referred to and receive services, including
114necessary medical, emotional, psychological, psychiatric, and
115educational evaluations and treatment, as soon as practicable
116after identification of the need for such services by the
117screening and assessment process.
118     (8)  To be placed in a home with no more than one other
119child or youth, unless they are part of a sibling group.
120     (9)  To be placed away from other children, youth, and
121adults known to pose a threat of harm to them, either because of
122their own risk factors or those of the other person child.
123     (10)  To be placed in a home where they will not be touched
124in an inappropriate manner, asked to touch another person in an
125inappropriate manner, or engage in any other inappropriate act.
126     (11)  To be placed in a home where the child or youth feels
127safe and, upon approval of the court, to be moved to a new out-
128of-home placement if a qualified person exercising competent,
129professional judgment makes a written request or recommendation
130to move the child or youth to protect his or her physical,
131mental, emotional, or behavioral health or safety.
132     (12)  To have any and all criminal history records checks
133pursuant to s. 39.0138, including a Florida Abuse Hotline
134Information System (FAHIS) history check, completed on any
135person with whom placement of a child or youth is being
136considered, including any caregivers, family members, and
137individuals residing in the household from which the child or
138youth was removed if reunification after removal is sought
139pursuant to s. 39.521, before the child or youth is placed.
140     (13)(10)  To be placed in a home where the shelter or
141foster caregiver is aware of and understands the child's or
142youth's history, needs, and risk factors.
143     (14)(11)  If the court deems it is in the best interest of
144the child or youth, to participate with caregivers and
145professionals in developing a plan To be the subject of a plan
146developed by the counselor and the shelter or foster caregiver
147to deal with identified behaviors that may present a risk to the
148child or youth or others. If the child or youth is participating
149in the development of the plan, the caregivers and professionals
150shall use age-appropriate terminology so that the child or youth
151is able to understand the process and the decisions that are
152made.
153     (15)(12)  If the court deems it is in the best interest of
154the child or youth, to be involved and incorporated, where
155appropriate, in the development of the case plan, to have a case
156plan which will address the child's or youth's their specific
157needs, to receive a copy of the written case plan, to have the
158case plan and related services explained in an age-appropriate
159manner, to have the opportunity and to object to any of the
160provisions of the case plan, to receive an explanation of all
161responses to his or her objections, and to initial the written
162case plan before it is submitted to the court for approval.
163     (16)(13)  To receive meaningful case management and
164planning that will quickly return the child or youth to his or
165her family or move the child or youth on to other forms of
166permanency consistent with the child's or youth's safety and
167well-being.
168     (17)(14)  To receive regular communication with a
169caseworker, at least once a month, which shall include meeting
170with the child or youth alone and conferring with the shelter or
171foster caregiver and to have a written summary of that meeting
172included in the child's or youth's case management file.
173     (18)(15)  To be placed in the same home as their siblings
174or, when that is not possible, to enjoy regular visitation, at
175least once a week, with their siblings unless the court orders
176otherwise.
177     (19)(16)  To enjoy regular visitation with their parents,
178at least once a month, unless the court orders otherwise.
179     (20)(17)  To receive a free and appropriate education;
180minimal disruption to their education and retention in their
181home school, if appropriate; referral to the child study team;
182all special educational services, including, where appropriate,
183the appointment of a parent surrogate; and the sharing of all
184necessary information between the school board and the
185department, including information on attendance and educational
186progress.
187     (21)(18)  To be able to raise grievances with the
188department over the care they are receiving from their
189caregivers, caseworkers, or other service providers.
190     (22)(19)  To be heard by the court, if appropriate, at all
191review hearings.
192     (23)  To have the department or community-based care lead
193agency adhere to the requirements set forth in s. 39.701(7)(a)
194and report the information required therein to the court.
195     (24)(20)  To have a guardian ad litem appointed to
196represent, within reason, their best interests and report on
197their expressed wishes and, where appropriate, an attorney ad
198litem appointed by the court to represent their legal interests;
199the guardian ad litem and attorney ad litem shall have immediate
200and unlimited access to the children and youth they represent.
201     (25)(21)  To have all their records maintained in a
202complete and accurate manner, including the full name and street
203address of any and all shelters, foster parents, or permanent
204placements with whom they are placed, to have those records
205available for review at no cost by their guardian ad litem and
206attorney ad litem if they deem such review necessary, and to be
207provided a complete and accurate copy of their entire case
208management file, including any documents or materials concerning
209services or benefits that may be available to them pursuant to
210s. 409.1451 to make the transition to self-sufficiency when they
211leave foster care at 18 years of age.
212     (26)(22)  To be permitted to communicate with other
213children and youth in care for the purpose of organizing
214organize as a group to advocate for purposes of ensuring that
215they receive the services and living conditions to which they
216are entitled and to provide support for one another while in the
217custody of the department.
218     (27)(23)  To be afforded prompt access to all available
219state and federal programs, including, but not limited to: Early
220Periodic Screening, Diagnosis, and Testing (EPSDT) services,
221developmental services programs, Medicare and supplemental
222security income, Children's Medical Services, and programs for
223severely emotionally and behaviorally disturbed children and
224youth.
225
226The provisions of this section establish standards goals and not
227rights. Nothing in this section shall be interpreted as
228requiring the delivery of any particular service or level of
229service in excess of existing appropriations. No person shall
230have a cause of action against the state or any of its
231subdivisions, agencies, contractors, subcontractors, or agents,
232based upon the adoption of or failure to provide adequate
233funding for the achievement of these standards goals by the
234Legislature. Nothing herein shall require the expenditure of
235funds to meet the standards goals established herein except
236funds specifically appropriated for such purpose.
237     Section 3.  Subsection (3) of section 39.6012, Florida
238Statutes, is renumbered as subsection (4), and a new subsection
239(3) is added to that section, to read:
240     39.6012  Case plan tasks; services.--
241     (3)  The case plan must include the full name and street
242address of all shelters, foster parents, or permanent placements
243with whom the child is placed. Notwithstanding s. 39.202(1), the
244child shall receive a complete copy of his or her case
245management file, including any documents or materials concerning
246services or benefits that may be available to him or her
247pursuant to s. 409.1451 to make the transition to self-
248sufficiency, at no cost, when he or she leaves foster care at 18
249years of age.
250     Section 4.  Subsection (4) is added to section 39.603,
251Florida Statutes, to read:
252     39.603  Court approvals of case planning.--
253     (4)  At the hearing on the case plan, the court may require
254the child to appear before the court to discuss the placement
255informational session provided for in s. 39.4085(1).
256     Section 5.  Paragraph (e) is added to subsection (7) of
257section 39.701, Florida Statutes, to read:
258     39.701  Judicial review.--
259     (7)
260     (e)  After each meeting between the child and his or her
261caseworker, the caseworker shall prepare a written report
262summarizing his or her communication with the child for the
263child's case management file. A copy of the written report shall
264be provided for review to the department, the community-based
265care lead agency, the court, the guardian ad litem appointed to
266the child, and the child's parents if their parental rights have
267not been terminated and they are not the subject or cause of the
268concern while the matter is still under investigation. The court
269shall, on its own motion or upon the request of the guardian ad
270litem or any other party, hold a status conference or hearing to
271discuss the report and any resulting investigation or review by
272the department or community-based care lead agency.
273     Section 6.  If any provision of this act or the application
274thereof to any person or circumstance is held invalid, the
275invalidity does not affect other provisions or applications of
276the act which can be given effect without the invalid provision
277or application, and to this end the provisions of this act are
278declared severable.
279     Section 7.  This act shall take effect July 1, 2008.


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