Senate Bill sb1318er

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  2         An act relating to the safety of children;

  3         providing a short title; providing legislative

  4         intent; requiring the Department of Children

  5         and Family Services to notify certain education

  6         or child care programs of the enrollment of

  7         certain children; requiring children enrolled

  8         in an early education or child care program to

  9         participate 5 days a week; providing attendance

10         and reporting responsibilities of the child's

11         parent or guardian and of the Family Safety

12         Program Office of the Department of Children

13         and Family Services; requiring a report to law

14         enforcement agencies if a child is missing;

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

16         provisions; providing an effective date.

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

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20         Section 1.  Short title; legislative intent;

21  requirements; attendance and reporting responsibilities.--

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

23  "Rilya Wilson Act."

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

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

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

27  performance and other behavioral and social problems. It is

28  the intent of the Legislature that children who are currently

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

30  education program to help ameliorate the negative consequences

31  of abuse, neglect, or abandonment.


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

 2  school entry, under court ordered protective supervision or in

 3  the custody of the Family Safety Program Office of the

 4  Department of Children and Family Services or a

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

 6  education or child care program must be enrolled to

 7  participate in the program 5 days a week. Notwithstanding the

 8  requirements of section 39.202, Florida Statutes, the

 9  Department of Children and Family Services must notify

10  operators of the licensed early education or child care

11  program, subject to the reporting requirements of this act, of

12  the enrollment of any child age 3 years to school entry, under

13  court ordered protective supervision or in the custody of the

14  Family Safety Program Office of the Department of Children and

15  Family Services or a community-based lead agency. The case

16  plan developed for a child pursuant to chapter 39, Florida

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

18  child care program must contain the participation in this

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

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

21  week may be granted by the court.

22         (4)  ATTENDANCE AND REPORTING REQUIREMENTS.--

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

24  child care program who meets the requirements of subsection

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

26  written approval of the Family Safety Program Office of the

27  Department of Children and Family Services or the

28  community-based lead agency.

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

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

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


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

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

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

 4  considered to be unexcused. The program shall report any

 5  unexcused absence or seven consecutive excused absences of a

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

 7  to the local designated staff of the Family Safety Program

 8  Office of the Department of Children and Family Services or

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

10  following the unexcused absence or seventh consecutive excused

11  absences.

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

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

14  receiving a report of two consecutive unexcused absences or

15  seven consecutive excused absences.

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

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

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

19  agency and proceed with the necessary actions to locate the

20  child pursuant to procedures for locating missing children.

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

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

23  notified that failure to ensure that the child attends the

24  licensed early education or child care program is a violation

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

26  pursuant to this subsection, staff shall initiate action to

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

28  with the case plan.

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

30  Services, in collaboration with the Agency for Workforce

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


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

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

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

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

 5  abandoned and are under protective supervision or custody of

 6  the Department of Children and Family Services or the

 7  community-based lead agencies and the role participation in

 8  licensed early education or child care programs has in

 9  ensuring the safety of these children.

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

11  information:

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

13  children from birth to school entry age under protective

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

15  lead agency that compares children enrolled and not enrolled

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

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

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

19         (b)  The identification of children whose case plans

20  require providing an early education or child care program,

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

22  and

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

24  associated costs required for all children from birth to

25  school entry age who are under protective supervision or

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

27  be served in licensed early education or child care programs

28  based on specific age groups.

29         (3)  The study shall explore and provide

30  recommendations for ways in which licensed early education and

31  child care programs can best assist in assuring that children


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 1  from birth to school entry age under protective supervision or

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

 3  remain safe. The study shall also examine whether licensed

 4  child care or after school programs can assist in assuring

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

 6  are under protective supervision or custody of the department

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

 8  shall provide recommendations, if necessary.

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

10  collaboration with the Agency for Workforce Innovation, shall

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

12  of the Senate, the Speaker of the House of Representatives,

13  and the chairpersons of the appropriate substantive committees

14  and appropriation committees by December 31, 2003.

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

16  Statutes, is amended to read:

17         411.01  Florida Partnership for School Readiness;

18  school readiness coalitions.--

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

20  shall be established for children under the age of

21  kindergarten eligibility. Priority for participation in the

22  school readiness program shall be given to children age 3

23  years to school entry who are served by the Family Safety

24  Program Office of the Department of Children and Family

25  Services or a community-based lead agency pursuant to chapter

26  39 and for whom child care is needed to minimize risk of

27  further abuse, neglect, or abandonment. Other eligible

28  populations include children who meet one or more of the

29  following criteria:

30         (a)  Children under the age of kindergarten eligibility

31  who are:


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

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

 3  Family Safety Program Office of the Department of Children and

 4  Family Services.

 5         1.2.  Children at risk of welfare dependency, including

 6  economically disadvantaged children, children of participants

 7  in the welfare transition program, children of migrant

 8  farmworkers, and children of teen parents.

 9         2.3.  Children of working families whose family income

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

11         3.4.  Children for whom the state is paying a relative

12  caregiver payment under s. 39.5085.

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

14  who may not be economically disadvantaged but who have

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

16  combination of part-time exceptional education programs with

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

18  previously reported for funding part time with the Florida

19  Education Finance Program as exceptional students.

20         (c)  Economically disadvantaged children, children with

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

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

23  home visitor programs and intensive parent education programs

24  such as the Florida First Start Program.

25         (d)  Children who meet federal and state requirements

26  for eligibility for the migrant preschool program but who do

27  not meet the criteria of economically disadvantaged.

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29  An "economically disadvantaged" child means a child whose

30  family income is below 150 percent of the federal poverty

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


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 1  status, but subject to additional family contributions in

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

 3  eligibility requirements upon initial registration for the

 4  program shall be considered eligible until the child reaches

 5  kindergarten age.

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

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