Senate Bill sb1318c1

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    Florida Senate - 2003                           CS for SB 1318

    By the Committee on Children and Families; and Senators
    Wilson, Miller, Dawson, Lynn, Lawson and Campbell




    300-2062-03

  1                      A bill to be entitled

  2         An act relating to the safety of children;

  3         providing a short title; providing legislative

  4         intent; requiring children enrolled in an early

  5         education or child care program to participate

  6         5 days a week; providing attendance and

  7         reporting responsibilities of the child's

  8         parent or guardian and of the Family Safety

  9         Program Office of the Department of Children

10         and Family Services; requiring a report to law

11         enforcement agencies if a child is missing;

12         amending s. 411.01, F.S.; conforming

13         provisions; providing an effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Short title; legislative intent;

18  requirements; attendance and reporting responsibilities.--

19         (1)  SHORT TITLE.--This section may be cited as the

20  "Rilya Wilson Act."

21         (2)  LEGISLATIVE INTENT.--The Legislature recognizes

22  that children who are in the care of the state due to abuse,

23  neglect, or abandonment are at increased risk of poor school

24  performance and other behavioral and social problems. It is

25  the intent of the Legislature that children who are currently

26  in the care of the state be provided with an age-appropriate

27  education program to help ameliorate the negative consequences

28  of abuse, neglect, or abandonment.

29         (3)  REQUIREMENTS.--A child who is age 3 years to

30  school entry, under court ordered protective supervision or in

31  the custody of the Family Safety Program Office of the

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    Florida Senate - 2003                           CS for SB 1318
    300-2062-03




 1  Department of Children and Family Services or a

 2  community-based lead agency, and enrolled in a licensed early

 3  education or child care program must be enrolled to

 4  participate in the program 5 days a week. The case plan

 5  developed for a child pursuant to chapter 39, Florida

 6  Statutes, who is enrolled in a licensed early education or

 7  child care program must contain the participation in this

 8  program as a required action. An exemption to participating in

 9  the licensed early education or child care program 5 days a

10  week may be granted by the court.

11         (4)  ATTENDANCE AND REPORTING REQUIREMENTS.--

12         (a)  A child enrolled in a licensed early education or

13  child care program who meets the requirements of subsection

14  (3) may not be withdrawn from the program without the prior

15  written approval of the Family Safety Program Office of the

16  Department of Children and Family Services or the

17  community-based lead agency.

18         (b)1.  If a child covered by this section is absent

19  from the program on a day when he or she is supposed to be

20  present, the person with whom the child resides must report

21  the absence to the program by the end of the business day. If

22  the person with whom the child resides, whether the parent or

23  caregiver, fails to timely report the absence, the absence is

24  considered to be unexcused. The program shall report any

25  unexcused absence or seven consecutive excused absences of a

26  child who is enrolled in the program and covered by this act

27  to the local designated staff of the Family Safety Program

28  Office of the Department of Children and Family Services or

29  the community-based lead agency by the end of the business day

30  following the unexcused absence or seventh consecutive excused

31  absences.

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    Florida Senate - 2003                           CS for SB 1318
    300-2062-03




 1         2.  The department or community-based lead agency shall

 2  conduct a site visit to the residence of the child upon

 3  receiving a report of two consecutive unexcused absences or

 4  seven consecutive excused absences.

 5         3.  If the site visit results in a determination that

 6  the child is missing, the department or community-based lead

 7  agency shall report the child as missing to a law enforcement

 8  agency and proceed with the necessary actions to locate the

 9  child pursuant to procedures for locating missing children.

10         4.  If the site visit results in a determination that

11  the child is not missing, the parent or caregiver shall be

12  notified that failure to ensure that the child attends the

13  licensed early education or child care program is a violation

14  of the case plan. If more than two site visits are conducted

15  pursuant to this subsection, staff shall initiate action to

16  notify the court of the parent or caregiver's noncompliance

17  with the case plan.

18         Section 2.  (1)  The Department of Children and Family

19  Services, in collaboration with the Agency for Workforce

20  Innovation, shall conduct a study of the children being served

21  by the department's Family Safety Program Office and the

22  community-based lead agencies pursuant to chapter 39, Florida

23  Statutes. The purpose of the study is to examine children from

24  birth to school entry age who have been abused, neglected, or

25  abandoned and are under protective supervision or custody of

26  the Department of Children and Family Services or the

27  community-based lead agencies and the role participation in

28  licensed early education or child care programs has in

29  ensuring the safety of these children.

30         (2)  The study shall examine and provide the following

31  information:

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    Florida Senate - 2003                           CS for SB 1318
    300-2062-03




 1         (a)  A compilation of data, including percentages, on

 2  children from birth to school entry age under protective

 3  supervision or custody of the department or a community-based

 4  lead agency that compares children enrolled and not enrolled

 5  in licensed early education or child care programs, based on

 6  age, district, and type of placement, including foster care,

 7  relative caregiver, in-home, and nonrelative placements;

 8         (b)  The identification of children whose case plans

 9  require providing an early education or child care program,

10  including those for whom such service is not being provided;

11  and

12         (c)  A description of the expansion of programs and

13  associated costs required for all children from birth to

14  school entry age who are under protective supervision or

15  custody of the department or a community-based lead agency to

16  be served in licensed early education or child care programs

17  based on specific age groups.

18         (3)  The study shall explore and provide

19  recommendations for ways in which licensed early education and

20  child care programs can best assist in assuring that children

21  from birth to school entry age under protective supervision or

22  custody of the department or a community-based lead agency

23  remain safe. The study shall also examine whether licensed

24  child care or after school programs can assist in assuring

25  that children between the age of school entry and 13 years who

26  are under protective supervision or custody of the department

27  or a community-based lead agency provider remain safe and

28  shall provide recommendations, if necessary.

29         (4)  The Department of Children and Family Services, in

30  collaboration with the Agency for Workforce Innovation, shall

31  submit a report on the results of the study to the President

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    Florida Senate - 2003                           CS for SB 1318
    300-2062-03




 1  of the Senate, the Speaker of the House of Representatives,

 2  and the chairpersons of the appropriate substantive committees

 3  and appropriation committees by December 31, 2003.

 4         Section 3.  Subsection (6) of section 411.01, Florida

 5  Statutes, is amended to read:

 6         411.01  Florida Partnership for School Readiness;

 7  school readiness coalitions.--

 8         (6)  PROGRAM ELIGIBILITY.--The school readiness program

 9  shall be established for children under the age of

10  kindergarten eligibility. Priority for participation in the

11  school readiness program shall be given to children who are

12  served by the Family Safety Program Office of the Department

13  of Children and Family Services or a community-based lead

14  agency pursuant to chapter 39 and for whom child care is

15  needed to minimize risk of further abuse, neglect, or

16  abandonment. Other eligible populations include children who

17  meet one or more of the following criteria:

18         (a)  Children under the age of kindergarten eligibility

19  who are:

20         1.  Children determined to be at risk of abuse,

21  neglect, or exploitation and who are currently clients of the

22  Family Safety Program Office of the Department of Children and

23  Family Services.

24         1.2.  Children at risk of welfare dependency, including

25  economically disadvantaged children, children of participants

26  in the welfare transition program, children of migrant

27  farmworkers, and children of teen parents.

28         2.3.  Children of working families whose family income

29  does not exceed 150 percent of the federal poverty level.

30         3.4.  Children for whom the state is paying a relative

31  caregiver payment under s. 39.5085.

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    Florida Senate - 2003                           CS for SB 1318
    300-2062-03




 1         (b)  Three-year-old children and 4-year-old children

 2  who may not be economically disadvantaged but who have

 3  disabilities, have been served in a specific part-time or

 4  combination of part-time exceptional education programs with

 5  required special services, aids, or equipment, and were

 6  previously reported for funding part time with the Florida

 7  Education Finance Program as exceptional students.

 8         (c)  Economically disadvantaged children, children with

 9  disabilities, and children at risk of future school failure,

10  from birth to 4 years of age, who are served at home through

11  home visitor programs and intensive parent education programs

12  such as the Florida First Start Program.

13         (d)  Children who meet federal and state requirements

14  for eligibility for the migrant preschool program but who do

15  not meet the criteria of economically disadvantaged.

16  

17  An "economically disadvantaged" child means a child whose

18  family income is below 150 percent of the federal poverty

19  level. Notwithstanding any change in a family's economic

20  status, but subject to additional family contributions in

21  accordance with the sliding fee scale, a child who meets the

22  eligibility requirements upon initial registration for the

23  program shall be considered eligible until the child reaches

24  kindergarten age.

25         Section 4.  This act shall take effect upon becoming a

26  law.

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    Florida Senate - 2003                           CS for SB 1318
    300-2062-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1318

 3                                 

 4  
    Removes the requirement that children between the age of 3
 5  years and school entry who are being served by the Family
    Safety Program Office of the Department of Children and
 6  Families due to abuse, neglect, or abandonment be enrolled in
    a licensed early education and child care program.  This
 7  requirement is replaced by one that stipulates that children
    age 3 years to school entry who are enrolled in a licensed
 8  early education and child care program as a result of being
    abused, neglected, or abandoned and being served by Family
 9  Safety Program Office must participate in the program 5 days a
    week.
10  
    Requires that the child's case plan include the participation
11  in the licensed early education and child care program.

12  Permits an exemption to participating in the early education
    and child care program 5 days a week if approved by the court.
13  
    Revises the attendance and reporting requirements.
14  
    Provides for required actions if the site visit as a result of
15  reported absences finds the child is not missing.

16  Provides for required actions if the site visit, as a result
    of reported absences, finds that the child is missing.
17  
    Directs the Department of Children and Families, in
18  collaboration with the Agency for Workforce Innovation, to
    conduct a study of the children being served by the
19  department's Family Safety Program Office pursuant to ch. 39,
    F.S., and the role participation in early education and child
20  care programs has in ensuring the safety of the children. Sets
    forth requirements for the study and a report to be submitted
21  to the Legislature by December 31, 2003.

22  Provides for children who are served by the Family Safety
    Program Office of the department or a community-based lead
23  agency pursuant to ch. 39, F.S., and for whom child care is
    needed to minimize the risk of further abuse, neglect, or
24  abandonment to be given priority to participate in the school
    readiness programs.
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