HB 133

1
A bill to be entitled
2An act relating to children of incarcerated parents;
3providing legislative findings and purpose; providing
4guiding principles to be used by state agency personnel
5when dealing with children of incarcerated parents;
6providing for applicability; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Children of incarcerated parents; guiding
11principles for state agencies.-
12     (1)  LEGISLATIVE FINDINGS.-The Legislature finds that one
13in every 100 adults in this country is in jail or prison and
14that approximately 1.5 million children have a parent in a state
15or federal prison. The Department of Corrections estimates that
16there are more than 73,000 children in this state who have a
17parent in prison. The Legislature further finds that children of
18incarcerated parents often face significant obstacles, including
19unstable living arrangements and multiple school placements,
20financial hardship, and the social stigma associated with their
21parents' incarceration. As a result, children of incarcerated
22parents are at risk for poor academic achievement, substance
23abuse, delinquency, and criminal activity that can lead to their
24own incarceration.
25     (2)  PURPOSE.-The purpose of this section is to help ensure
26that state agency personnel are sensitive to the issues and
27risks of children of incarcerated parents and to help maintain
28their well-being and support their needs.
29     (3)  GUIDING PRINCIPLES FOR STATE AGENCY PERSONNEL.-State
30agency personnel shall use the following guiding principles when
31dealing with the children of incarcerated parents:
32     (a)  Children should be treated with respect and dignity at
33all times.
34     (b)  The children's safety and care should be of paramount
35importance to all involved.
36     (c)  If the children so choose, communication avenues
37should be made available such that the children should have
38opportunities to see, speak to, or visit parents, if
39appropriate.
40     (d)  State support for the children should be provided as
41resources permit and as authorized by law.
42     (e)  The children should be kept safe and informed at the
43time of the parent's arrest.
44     (f)  The children's wishes should be taken into
45consideration regarding any decisions made concerning their
46welfare.
47     (g)  The children's wishes should be taken into
48consideration when decisions are made about their incarcerated
49parent.
50     (h)  Children should be well cared for when a parent is
51absent due to incarceration.
52     (i)  Children should receive proper support during
53struggles with the parent's incarceration.
54     (j)  Children should not be judged, blamed, or labeled
55because of a parent's incarceration.
56     (k)  Children should receive support for the desire to
57retain a relationship with an incarcerated parent, if
58appropriate.
59     (4)  APPLICABILITY.-This section does not obligate a state
60agency to provide children of incarcerated parents with support
61or services, or to give children of incarcerated parents
62priority in the delivery of support or services not authorized
63by law.
64     Section 2.  This act shall take effect July 1, 2011.


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