HB 1121 2003
   
1 A bill to be entitled
2          An act relating to children in custody of the state;
3    requiring the Department of Children and Family Services
4    to enter into interagency agreements with public or
5    private entities for delivery of services to children in
6    care or custody or under the supervision of the
7    department; requiring an agreement between the department
8    and the Department of Education; requiring an agreement
9    between the department and district school boards;
10    specifying provisions of each agreement; providing an
11    effective date.
12         
13          Be It Enacted by the Legislature of the State of Florida:
14         
15          Section 1. The Department of Children and Family Services
16    or its successor shall enter into agreements, contracts, or
17    other legal arrangements with public or private entities for the
18    purpose of facilitating the delivery of any service or program
19    to children in the care or custody or under the supervision of
20    the department, avoiding duplication of services or programs, or
21    combining resources to maximize the availability or delivery of
22    services or programs.
23          (1) The Department of Children and Family Services shall
24    enter into an agreement with the Department of Education
25    regarding the education and related care of children known to
26    the department who are in shelter care, foster care, or out-of-
27    home care, placed with a relative caregiver, or under protective
28    supervision of the department. Such agreement shall be designed
29    to expedite, facilitate, access, and otherwise provide education
30    success to children known to the Department of Children and
31    Family Services.
32          (2) The Department of Children and Family Services shall
33    enter into agreements with district school boards or other local
34    educational entities regarding the education and related
35    services of children known to the department. The interagency
36    agreement between each school district and the applicable
37    Department of Children and Family Services district or lead
38    agency for such district shall fulfill the constitutional
39    mandate to provide an education to Florida's children, including
40    those children in the temporary or permanent custody of the
41    state. Each agreement shall include, but not be limited to:
42          (a) Responsibility by the Department of Children and
43    Family Services for enrolling the child in school or continuing
44    the child's enrollment at the same school to avoid disruption of
45    education from the time of shelter until other appropriate
46    arrangements can be made.
47          (b) A requirement that the Department of Children and
48    Family Services request of a school district all available and
49    appropriate services for a child in the custody of the state and
50    notify the school district where the child resides and the
51    caseworker's name and phone number for child safety purposes.
52          (c) An authorization for a school district and the
53    Department of Children and Family Services to share information
54    about a child, since the sharing of information will assist each
55    agency in providing education and related services for the
56    benefit of the child.
57          (d) Provision for transportation of a child in state
58    custody when such transportation will avoid a change in school
59    assignment due to a change in residential placement, and any
60    other mechanisms designed to stabilize a child's school
61    placement while the child is known to the department.
62          (e) Cooperation in accessing the services and supports
63    needed for a child who has or is suspected of having a
64    disability to receive an appropriate education consistent with
65    the Individuals with Disabilities Education Act and state
66    implementing laws, rules, and assurances.
67          (f) Coordination of services for a child who has or is
68    suspected of having a disability, to include:
69          1. Prompt referral for evaluation.
70          2. Sharing of evaluations between the school district and
71    the Department of Children and Family Services.
72          3. Provision of education and related services appropriate
73    for the child's needs and abilities.
74          4. Coordination of services and plans between the school
75    and the residential setting.
76          5. Appointment of a surrogate parent for educational
77    purposes for each child as soon as the child is determined to be
78    dependent and without regard to where the child is placed so
79    that one surrogate parent can follow the child's education
80    during his or her entire time in state custody.
81          6. Training for surrogate parents to include the effects
82    of abuse, neglect, and removal from home on the child's ability
83    to learn.
84          7. For each child 14 years of age and older, transition
85    planning by the Department of Children and Family Services and
86    all providers, including the department's independent living
87    program staff.
88          8. Provision of parent training in cases in which
89    reunification is the goal or for preadoptive parents when
90    adoption is the goal, so that parents learn how to access the
91    services the child needs and the importance of their involvement
92    in the child's education.
93          (g) Provision of individualized student intervention or
94    academic improvement plans when a determination has been made
95    through legally appropriate criteria that intervention services
96    are required.
97          (h) Participation by the district school system in
98    Department of Children and Family Services case planning for a
99    child, both at the time of plan development and plan review.
100          (i) Training for caseworkers and foster parents to include
101    information on the child's right to an education, the role of an
102    education in the child's development and adjustment, the proper
103    ways to access education and related services for the child, and
104    the importance and strategies for parent involvement in
105    education for the success of the child.
106          (j) Training of Department of Children and Family Services
107    contractors and school-leased contractors with respect to the
108    education of children and related issues.
109          Section 2. This act shall take effect July 1, 2003.