Amendment
Bill No. 0507

Amendment No. 275351

CHAMBER ACTION
Senate		House
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1	Representative(s) Kendrick offered the following:
2
3	Substitute Amendment for Amendment (799061) (with directory
4	and title amendments)
5	Remove line(s) 53-297 and insert:
6	Section 1.  Paragraph (j) is added to subsection (2) of
7	section 39.201, Florida Statutes, to read:
8	39.201  Mandatory reports of child abuse, abandonment, or
9	neglect; mandatory reports of death; central abuse hotline.--
10	(2)
11	(j)  If an employee of the department or community-based
12	care lead agency, or any subcontractor of the community-based
13	care lead agency, believes that the physical, mental, or
14	emotional health or safety of a child in a shelter or foster
15	home is at risk, the employee shall, in addition to making a
16	call to the central abuse hotline or appropriate county
17	sheriff's office, make a written request or recommendation to
18	move the child for his or her protection. The written request or
19	recommendation shall be made part of the child's case management
20	file and a copy of the written request or recommendation shall
21	be provided for review to the department, the community-based
22	care lead agency, the court, the guardian ad litem appointed to
23	the child, and the child's parents if their parental rights have
24	not been terminated and they are not the subject or cause of the
25	threat raised while the matter is still under investigation. The
26	court shall, on its own motion or upon the request of the
27	guardian ad litem or any other party, hold a status conference
28	or hearing to discuss the request, report, or recommendation and
29	any resulting investigation or review by the department or
30	community-based care lead agency.
31	Section 2.  Section 39.4085, Florida Statutes, is amended
32	to read:
33	39.4085  Legislative findings and declaration of intent for
34	standards goals for dependent children and youth.--The
35	Legislature finds and declares that the design and delivery of
36	child welfare services should be directed by the principle that
37	the health and safety of children and youth should be of
38	paramount concern and, therefore, establishes the following
39	standards goals for children and youth in shelter or foster
40	care:
41	(1)  To have an informational session with an employee of
42	the department or community-based care lead agency during which
43	they shall be advised of and receive a copy of this section act
44	and have it fully explained to them in an age-appropriate manner
45	when they are placed in the custody of the department.
46	(2)  To enjoy individual dignity, liberty, pursuit of
47	happiness, and the protection of their civil and legal rights as
48	persons in the custody of the state.
49	(3)  To have their privacy protected, have their personal
50	belongings secure and transported with them, and, unless
51	otherwise ordered by the court, have uncensored communication,
52	including receiving and sending unopened communications and
53	having access to a telephone.
54	(4)  To have personnel providing services who are
55	sufficiently qualified and experienced to assess the risk
56	children and youth face prior to removal from their homes and to
57	meet the needs of the children and youth once they are in the
58	custody of the department.
59	(5)  To remain in the custody of their parents or legal
60	custodians unless and until there has been a determination by a
61	qualified person exercising competent professional judgment that
62	removal is necessary to protect their physical, mental, or
63	emotional health or safety.
64	(6)  To have a full risk, health, educational, medical and
65	psychological screening and, if needed, assessment and testing
66	upon adjudication into foster care; and to have their
67	photograph, and fingerprints, birth certificate, and health
68	insurance information, if available, included in their case
69	management file.
70	(7)  To be referred to and receive services, including
71	necessary medical, emotional, psychological, psychiatric, and
72	educational evaluations and treatment, as soon as practicable
73	after identification of the need for such services by the
74	screening and assessment process.
75	(8)  To be placed in a home with no more than one other
76	child, unless they are part of a sibling group.
77	(9)  To be placed away from other children, youth, and
78	adults known to pose a threat of harm to them, either because of
79	their own risk factors or those of the other person child.
80	(10)  To be placed in a home where they will not be touched
81	in an inappropriate manner, asked to touch another person in an
82	inappropriate manner, or engage in any other inappropriate act.
83	(11)  To be placed in a home where the child or youth feels
84	safe and, upon approval of the court, to be moved to a new out-
85	of-home placement if a qualified person exercising competent,
86	professional judgment makes a written request or recommendation
87	to move the child or youth to protect his or her physical,
88	mental, emotional, or behavioral health or safety.
89	(12)  To have any and all criminal history records checks
90	pursuant to s. 39.0138, including a Florida Abuse Hotline
91	Information System (FAHIS) history check, completed on any
92	person with whom placement of a child or youth is being
93	considered, including any caregivers, family members, and
94	individuals residing in the household from which the child or
95	youth was removed if reunification after removal is sought
96	pursuant to s. 39.521, before the child or youth is placed.
97	(13)(10)  To be placed in a home where the shelter or
98	foster caregiver is aware of and understands the child's or
99	youth's history, needs, and risk factors.
100	(14)(11)  If the court deems it is in the best interest of
101	the child or youth, to participate with caregivers and
102	professionals in developing a plan To be the subject of a plan
103	developed by the counselor and the shelter or foster caregiver
104	to deal with identified behaviors that may present a risk to the
105	child or youth or others. If the child or youth is participating
106	in the development of the plan, the caregivers and professionals
107	shall use age-appropriate terminology so that the child or youth
108	is able to understand the process and the decisions that are
109	made.
110	(15)(12)  If the court deems it is in the best interest of
111	the child or youth, to be involved and incorporated, where
112	appropriate, in the development of the case plan, to have a case
113	plan which will address the child's or youth's their specific
114	needs, to receive a copy of the written case plan, to have the
115	case plan and related services explained in an age-appropriate
116	manner, to have the opportunity and to object to any of the
117	provisions of the case plan, to receive an explanation of all
118	responses to his or her objections, and to initial the written
119	case plan before it is submitted to the court for approval.
120	(16)(13)  To receive meaningful case management and
121	planning that will quickly return the child or youth to his or
122	her family or move the child or youth on to other forms of
123	permanency consistent with the child's or youth's safety and
124	well-being.
125	(17)(14)  To receive regular communication with a
126	caseworker, at least once a month, which shall include meeting
127	with the child or youth alone and conferring with the shelter or
128	foster caregiver and to have a written summary of that meeting
129	included in the child's or youth's case management file.
130	(18)(15)  To be placed in the same home as their siblings
131	or, when that is not possible, to enjoy regular visitation, at
132	least once a week, with their siblings unless the court orders
133	otherwise.
134	(19)(16)  To enjoy regular visitation with their parents,
135	at least once a month, unless the court orders otherwise.
136	(20)(17)  To receive a free and appropriate education;
137	minimal disruption to their education and retention in their
138	home school, if appropriate; referral to the child study team;
139	all special educational services, including, where appropriate,
140	the appointment of a parent surrogate; the sharing of all
141	necessary information between the school board and the
142	department, including information on attendance and educational
143	progress.
144	(21)(18)  To be able to raise grievances with the
145	department over the care they are receiving from their
146	caregivers, caseworkers, or other service providers.
147	(22)(19)  To be heard by the court, if appropriate, at all
148	review hearings.
149	(23)  To have the department or community-based care lead
150	agency adhere to the requirements set forth in s. 39.701(7)(a)
151	and report the information required therein to the court.
152	(24)(20)  To have a guardian ad litem appointed to
153	represent, within reason, their best interests and report on
154	their expressed wishes and, where appropriate, an attorney ad
155	litem appointed by the court to represent their legal interests;
156	the guardian ad litem and attorney ad litem shall have immediate
157	and unlimited access to the children and youth they represent.
158	(25)(21)  To have all their records maintained in a
159	complete and accurate manner, including the full name and street
160	address of any and all shelters, foster parents, or permanent
161	placements with whom the child or youth is placed, to have those
162	records available for review at no cost by their guardian ad
163	litem and attorney ad litem if they deem such review necessary,
164	and to be provided a complete and accurate copy of his or her
165	entire case management file, including any documents or
166	materials concerning services or benefits that may be available
167	to him or her pursuant to s. 409.1451 to make the transition to
168	self-sufficiency when he or she leaves foster care at 18 years
169	of age.
170	(26)(22)  To be permitted to communicate with other
171	children and youth in care for the purpose of organizing
172	organize as a group to advocate for purposes of ensuring that
173	they receive the services and living conditions to which they
174	are entitled and to provide support for one another while in the
175	custody of the department.
176	(27)(23)  To be afforded prompt access to all available
177	state and federal programs, including, but not limited to: Early
178	Periodic Screening, Diagnosis, and Testing (EPSDT) services,
179	developmental services programs, Medicare and supplemental
180	security income, Children's Medical Services, and programs for
181	severely emotionally and behaviorally disturbed children and
182	youth.
183
184	The provisions of this section establish standards goals and not
185	rights. Nothing in this section shall be interpreted as
186	requiring the delivery of any particular service or level of
187	service in excess of existing appropriations. No person shall
188	have a cause of action against the state or any of its
189	subdivisions, agencies, contractors, subcontractors, or agents,
190	based upon the adoption of or failure to provide adequate
191	funding for the achievement of these standards goals by the
192	Legislature. Nothing herein shall require the expenditure of
193	funds to meet the standards goals established herein except
194	funds specifically appropriated for such purpose.
195	Section 3.  Subsection (3) of section 39.6012, Florida
196	Statutes, is renumbered as subsection (4), and a new subsection
197	(3) is added to that section, to read:
198	39.6012  Case plan tasks; services.--
199	(3)  The case plan shall include the full name and street
200	address of all shelters, foster parents, or permanent placements
201	with whom the child is placed. Notwithstanding s. 39.202(1), the
202	child shall receive a complete copy of his or her case
203	management file, including any documents or materials concerning
204	services or benefits that may be available to him or her
205	pursuant to s. 409.1451 to make the transition to self-
206	sufficiency, at no cost, when he or she leaves foster care at 18
207	years of age.
208	Section 4.  Subsection (4) is added to section 39.603,
209	Florida Statutes, to read:
210	39.603  Court approvals of case planning.--
211	(4)  At the hearing on the case plan, the court may require
212	the child to appear before the court to discuss the placement
213	informational session provided for in s. 39.4085(1).
214	Section 5.  Paragraph (e) is added to subsection (7) of
215	section 39.701, Florida Statutes, to read:
216	39.701  Judicial review.--
217	(7)
218	(e)  After each meeting between the child and his or her
219	caseworker, the caseworker shall prepare a written report
220	summarizing his or her communication with the child for the
221	child's case management file. A copy of the written report shall
222	be provided for review to the department, the community-based
223	care lead agency, the court, the guardian ad litem appointed to
224	the child, and the child's parents if their parental rights have
225	not been terminated and they are not the subject or cause of the
226	concern while the matter is still under investigation. The court
227	shall, on its own motion or upon the request of the guardian ad
228	litem or any other party, hold a status conference or hearing to
229	discuss the report and any resulting investigation or review by
230	the department or community-based care lead agency.
231	Section 6.  If any provision of this act or the application
232	thereof to any person or circumstance is held invalid, the
233	invalidity does not affect other provisions or applications of
234	the act which can be given effect without the invalid provision
235	or application, and to this end the provisions of this act are
236	declared severable.
237	Section 7.  This act shall take effect July 1, 2007.
238
239	=========== T I T L E  A M E N D M E N T ========
240	Remove line(s) 2-49 and insert:
241	An act relating to dependent children and youth; amending
242	s. 39.201, F.S.; providing a process for recommending a
243	change of placement of a child in a shelter or foster home
244	who is perceived to be at risk; providing for a hearing;
245	requiring that any written requests, reports, or
246	recommendations required be provided to the department,
247	the community-based care lead agency, the court, the
248	parents, and the guardian ad litem for review; amending s.
249	39.4085, F.S.; revising legislative findings and intent;
250	establishing standards for delivery of child welfare
251	services for dependent children and youth; requiring an
252	informational session when children or youth are placed in
253	custody of the department; requiring additional
254	documentation in case management files; requiring that a
255	child or youth be placed in a home determined to be safe;
256	allowing for a change of placement when a threat to safety
257	exists; requiring criminal history records checks and
258	Florida Abuse Hotline Information System history checks of
259	persons with whom the child or youth may be placed;
260	providing for a child or youth to participate in
261	developing a plan to deal with behavioral risks; providing
262	for a child or youth to participate in developing the case
263	plan, make objections, and receive responses to
264	objections; providing for a move to permanency as soon as
265	appropriate and in the interest of the child's or youth's
266	safety or well-being; requiring case workers to prepare
267	reports for a child's or youth's case management file;
268	requiring children or youths to be placed with their
269	siblings when possible; requiring the department or
270	community-based care lead agency to comply with reporting
271	requirements of the court; providing for a guardian ad
272	litem to report on a child's or youth's expressed wishes;
273	requiring records to be maintained in a complete and
274	accurate manner and to be available to the guardian ad
275	litem or attorney ad litem at no cost; permitting children
276	or youth in care to communicate and to organize an
277	advocacy plan; amending s. 39.6012, F.S.; requiring case
278	plans to include additional information; amending s.
279	39.603, F.S.; providing for the appearance of a child in
280	court to discuss the placement informational session;
281	amending s. 39.701, F.S.; requiring caseworkers to include
282	a written report regarding communication with the child in
283	the case management file; providing for a hearing;
284	providing for severability; providing an effective date.

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