| 1 | A bill to be entitled |
| 2 | An act relating to children of incarcerated parents; |
| 3 | providing legislative findings and purpose; providing |
| 4 | guiding principles to be used by state agency personnel |
| 5 | when dealing with children of incarcerated parents; |
| 6 | providing for applicability; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Children of incarcerated parents; guiding |
| 11 | principles for state agencies.-- |
| 12 | (1) LEGISLATIVE FINDINGS.--The Legislature finds that one |
| 13 | in every 100 adults in this country is in jail or prison and |
| 14 | that approximately 1.5 million children have a parent in a state |
| 15 | or federal prison. The Department of Corrections estimates that |
| 16 | there are more than 73,000 children in this state who have a |
| 17 | parent in prison. The Legislature further finds that children of |
| 18 | incarcerated parents often face significant obstacles, including |
| 19 | unstable living arrangements and multiple school placements, |
| 20 | financial hardship, and the social stigma associated with their |
| 21 | parents' incarceration. As a result, children of incarcerated |
| 22 | parents are at risk for poor academic achievement, substance |
| 23 | abuse, delinquency, and criminal activity that can lead to their |
| 24 | own incarceration. |
| 25 | (2) PURPOSE.--The purpose of this section is to help |
| 26 | ensure that state agency personnel are sensitive to the issues |
| 27 | and risks of children of incarcerated parents and to help |
| 28 | maintain their well-being and support their needs. |
| 29 | (3) GUIDING PRINCIPLES FOR STATE AGENCY PERSONNEL.--State |
| 30 | agency personnel shall use the following guiding principles when |
| 31 | dealing with the children of incarcerated parents: |
| 32 | (a) Children should be treated with respect and dignity at |
| 33 | all times. |
| 34 | (b) The children's safety and care should be of paramount |
| 35 | importance to all involved. |
| 36 | (c) If the children so choose, communication avenues |
| 37 | should be made available such that the children should have |
| 38 | opportunities to see, speak to, or visit parents, if |
| 39 | appropriate. |
| 40 | (d) State support for the children should be provided as |
| 41 | resources permit and as authorized by law. |
| 42 | (e) The children should be kept safe and informed at the |
| 43 | time of the parent's arrest. |
| 44 | (f) The children's wishes should be taken into |
| 45 | consideration regarding any decisions made concerning their |
| 46 | welfare. |
| 47 | (g) The children's wishes should be taken into |
| 48 | consideration when decisions are made about their incarcerated |
| 49 | parent. |
| 50 | (h) Children should be well cared for when a parent is |
| 51 | absent due to incarceration. |
| 52 | (i) Children should receive proper support during |
| 53 | struggles with the parent's incarceration. |
| 54 | (j) Children should not be judged, blamed, or labeled |
| 55 | because of a parent's incarceration. |
| 56 | (k) Children should receive support for the desire to |
| 57 | retain a relationship with an incarcerated parent, if |
| 58 | appropriate. |
| 59 | (4) APPLICABILITY.--This section does not obligate a state |
| 60 | agency to provide children of incarcerated parents with support |
| 61 | or services, or to give children of incarcerated parents |
| 62 | priority in the delivery of support or services not authorized |
| 63 | by law. |
| 64 | Section 2. This act shall take effect July 1, 2010. |