CS/CS/HB 507

1
A bill to be entitled
2An act relating to dependent children and youth; amending
3s. 39.0016, F.S.; authorizing the Department of Children
4and Family Services to permit children in foster care to
5participate in home schooling, enroll in the K-8 Virtual
6School Program, or attend a private school on scholarship
7under certain conditions; amending s. 39.201, F.S.;
8providing a process for recommending a change of placement
9of a child in a shelter or foster home who is perceived to
10be at risk; providing for a hearing; requiring that any
11written requests, reports, or recommendations required be
12provided to the department, the community-based care lead
13agency, the court, the parents, and the guardian ad litem
14for review; amending s. 39.4085, F.S.; revising
15legislative findings and intent; establishing standards
16for delivery of child welfare services for dependent
17children and youth; requiring an informational session
18when children or youth are placed in custody of the
19department; requiring additional documentation in case
20management files; requiring that a child or youth be
21placed in a home determined to be safe; allowing for a
22change of placement when a threat to safety exists;
23requiring criminal history records checks of persons with
24whom the child or youth may be placed; providing for a
25child or youth to participate in developing a plan to deal
26with behavioral risks; providing for a child or youth to
27participate in developing the case plan, make objections,
28and receive responses to objections; providing for a move
29to permanency as soon as appropriate and in the interest
30of the child's or youth's safety or well-being; requiring
31case workers to prepare reports for a child's or youth's
32case management file; requiring children or youths to be
33placed with their siblings when possible; requiring the
34department or community-based care lead agency to comply
35with reporting requirements of the court; providing for a
36guardian ad litem to report on a child's or youth's
37expressed wishes; requiring records to be maintained in a
38complete and accurate manner and to be available to the
39guardian ad litem or attorney ad litem at no cost;
40permitting children or youth in care to communicate and to
41organize an advocacy plan; amending s. 39.6012, F.S.;
42requiring case plans to include additional information;
43amending s. 39.603, F.S.; providing for the appearance of
44a child in court to discuss the placement informational
45session; amending s. 39.701, F.S.; requiring caseworkers
46to include a written report regarding communication with
47the child in the case management file; providing for a
48hearing; providing for severability; providing an
49effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Subsection (6) is added to section 39.0016,
54Florida Statutes, to read:
55     39.0016  Education of abused, neglected, and abandoned
56children.--
57     (6)  Upon the request of a foster parent, the department
58shall allow a child living in a foster home to be enrolled in or
59change his or her school setting to a home education program
60pursuant to s. 1002.41, a K-8 Virtual School Program pursuant to
61s. 1002.415, or a public or private school scholarship program
62pursuant to s. 1002.39 or s. 220.187, when such enrollment or
63change in school setting is incorporated into the child's case
64plan and approved by the court. If the child has a surrogate
65parent appointed pursuant to subparagraph (4)(c)5., the
66surrogate parent must approve the program before it is
67incorporated into the child's case plan.
68     Section 2.  Paragraph (j) is added to subsection (2) of
69section 39.201, Florida Statutes, to read:
70     39.201  Mandatory reports of child abuse, abandonment, or
71neglect; mandatory reports of death; central abuse hotline.--
72     (2)
73     (j)  If an employee of the department or community-based
74care lead agency, or any subcontractor of the community-based
75care lead agency, believes that the physical, mental, or
76emotional health or safety of a child in a shelter or foster
77home is at risk, the employee shall, in addition to making a
78call to the central abuse hotline or appropriate county
79sheriff's office, make a written request or recommendation to
80move the child for his or her protection. The written request or
81recommendation shall be made part of the child's case management
82file and a copy of the written request or recommendation shall
83be provided for review to the department, the community-based
84care lead agency, the court, the guardian ad litem appointed to
85the child, and the child's parents if their parental rights have
86not been terminated and they are not the subject or cause of the
87threat raised while the matter is still under investigation. The
88court shall, on its own motion or upon the request of the
89guardian ad litem or any other party, hold a status conference
90or hearing to discuss the request, report, or recommendation and
91any resulting investigation or review by the department or
92community-based care lead agency.
93     Section 3.  Section 39.4085, Florida Statutes, is amended
94to read:
95     39.4085  Legislative findings and declaration of intent for
96standards goals for dependent children and youth.--The
97Legislature finds and declares that the design and delivery of
98child welfare services should be directed by the principle that
99the health and safety of children and youth should be of
100paramount concern and, therefore, establishes the following
101standards goals for children and youth in shelter or foster
102care:
103     (1)  To have an informational session with an employee of
104the department or community-based care lead agency during which
105they shall be advised of and receive a copy of this section act
106and have it fully explained to them in an age-appropriate manner
107when they are placed in the custody of the department.
108     (2)  To enjoy individual dignity, liberty, pursuit of
109happiness, and the protection of their civil and legal rights as
110persons in the custody of the state.
111     (3)  To have their privacy protected, have their personal
112belongings secure and transported with them, and, unless
113otherwise ordered by the court, have uncensored communication,
114including receiving and sending unopened communications and
115having access to a telephone.
116     (4)  To have personnel providing services who are
117sufficiently qualified and experienced to assess the risk
118children and youth face prior to removal from their homes and to
119meet the needs of the children and youth once they are in the
120custody of the department.
121     (5)  To remain in the custody of their parents or legal
122custodians unless and until there has been a determination by a
123qualified person exercising competent professional judgment that
124removal is necessary to protect their physical, mental, or
125emotional health or safety.
126     (6)  To have a full risk, health, educational, medical and
127psychological screening and, if needed, assessment and testing
128upon adjudication into foster care; and to have their
129photograph, and fingerprints, birth certificate, and health
130insurance information, if available, included in their case
131management file.
132     (7)  To be referred to and receive services, including
133necessary medical, emotional, psychological, psychiatric, and
134educational evaluations and treatment, as soon as practicable
135after identification of the need for such services by the
136screening and assessment process.
137     (8)  To be placed in a home with no more than one other
138child, unless they are part of a sibling group.
139     (9)  To be placed away from other children, youth, and
140adults known to pose a threat of harm to them, either because of
141their own risk factors or those of the other person child.
142     (10)  To be placed in a home where they will not be touched
143in an inappropriate manner, asked to touch another person in an
144inappropriate manner, or engage in any other inappropriate act.
145     (11)  To be placed in a home where the child or youth feels
146safe and, upon approval of the court, to be moved to a new out-
147of-home placement if a qualified person exercising competent,
148professional judgment makes a written request or recommendation
149to move the child or youth to protect his or her physical,
150mental, emotional, or behavioral health or safety.
151     (12)  To have any and all criminal history records checks
152pursuant to s. 39.0138 completed on any person with whom
153placement of a child or youth is being considered, including any
154caregivers, family members, and individuals residing in the
155household from which the child or youth was removed if
156reunification after removal is sought pursuant to s. 39.521,
157before the child or youth is placed.
158     (13)(10)  To be placed in a home where the shelter or
159foster caregiver is aware of and understands the child's or
160youth's history, needs, and risk factors.
161     (14)(11)  If the court deems it is in the best interest of
162the child or youth, to participate with caregivers and
163professionals in developing a plan To be the subject of a plan
164developed by the counselor and the shelter or foster caregiver
165to deal with identified behaviors that may present a risk to the
166child or youth or others. If the child or youth is participating
167in the development of the plan, the caregivers and professionals
168shall use age-appropriate terminology so that the child or youth
169is able to understand the process and the decisions that are
170made.
171     (15)(12)  If the court deems it is in the best interest of
172the child or youth, to be involved and incorporated, where
173appropriate, in the development of the case plan, to have a case
174plan which will address the child's or youth's their specific
175needs, to receive a copy of the written case plan, to have the
176case plan and related services explained in an age-appropriate
177manner, to have the opportunity and to object to any of the
178provisions of the case plan, to receive an explanation of all
179responses to his or her objections, and to initial the written
180case plan before it is submitted to the court for approval.
181     (16)(13)  To receive meaningful case management and
182planning that will quickly return the child or youth to his or
183her family or move the child or youth on to other forms of
184permanency consistent with the child's or youth's safety and
185well-being.
186     (17)(14)  To receive regular communication with a
187caseworker, at least once a month, which shall include meeting
188with the child or youth alone and conferring with the shelter or
189foster caregiver and to have a written summary of that meeting
190included in the child's or youth's case management file.
191     (18)(15)  To be placed in the same home as their siblings
192or, when that is not possible, to enjoy regular visitation, at
193least once a week, with their siblings unless the court orders
194otherwise.
195     (19)(16)  To enjoy regular visitation with their parents,
196at least once a month, unless the court orders otherwise.
197     (20)(17)  To receive a free and appropriate education;
198minimal disruption to their education and retention in their
199home school, if appropriate; referral to the child study team;
200all special educational services, including, where appropriate,
201the appointment of a parent surrogate; the sharing of all
202necessary information between the school board and the
203department, including information on attendance and educational
204progress.
205     (21)(18)  To be able to raise grievances with the
206department over the care they are receiving from their
207caregivers, caseworkers, or other service providers.
208     (22)(19)  To be heard by the court, if appropriate, at all
209review hearings.
210     (23)  To have the department or community-based care lead
211agency adhere to the requirements set forth in s. 39.701(7)(a)
212and report the information required therein to the court.
213     (24)(20)  To have a guardian ad litem appointed to
214represent, within reason, their best interests and report on
215their expressed wishes and, where appropriate, an attorney ad
216litem appointed by the court to represent their legal interests;
217the guardian ad litem and attorney ad litem shall have immediate
218and unlimited access to the children and youth they represent.
219     (25)(21)  To have all their records maintained in a
220complete and accurate manner, including the full name and street
221address of any and all shelters, foster parents, or permanent
222placements with whom the child or youth is placed, to have those
223records available for review at no cost by their guardian ad
224litem and attorney ad litem if they deem such review necessary,
225and to be provided a complete and accurate copy of his or her
226entire case management file, including any documents or
227materials concerning services or benefits that may be available
228to him or her pursuant to s. 409.1451 to make the transition to
229self-sufficiency when he or she leaves foster care at 18 years
230of age.
231     (26)(22)  To be permitted to communicate with other
232children and youth in care for the purpose of organizing
233organize as a group to advocate for purposes of ensuring that
234they receive the services and living conditions to which they
235are entitled and to provide support for one another while in the
236custody of the department.
237     (27)(23)  To be afforded prompt access to all available
238state and federal programs, including, but not limited to: Early
239Periodic Screening, Diagnosis, and Testing (EPSDT) services,
240developmental services programs, Medicare and supplemental
241security income, Children's Medical Services, and programs for
242severely emotionally and behaviorally disturbed children and
243youth.
244
245The provisions of this section establish standards goals and not
246rights. Nothing in this section shall be interpreted as
247requiring the delivery of any particular service or level of
248service in excess of existing appropriations. No person shall
249have a cause of action against the state or any of its
250subdivisions, agencies, contractors, subcontractors, or agents,
251based upon the adoption of or failure to provide adequate
252funding for the achievement of these standards goals by the
253Legislature. Nothing herein shall require the expenditure of
254funds to meet the standards goals established herein except
255funds specifically appropriated for such purpose.
256     Section 4.  Subsection (3) of section 39.6012, Florida
257Statutes, is renumbered as subsection (4), and a new subsection
258(3) is added to that section, to read:
259     39.6012  Case plan tasks; services.--
260     (3)  The case plan shall include the full name and street
261address of all shelters, foster parents, or permanent placements
262with whom the child is placed, and the child shall receive a
263complete copy of his or her case management file, including any
264documents or materials concerning services or benefits that may
265be available to him or her pursuant to s. 409.1451 to make the
266transition to self-sufficiency, at no cost, when he or she
267leaves foster care at 18 years of age.
268     Section 5.  Subsection (4) is added to section 39.603,
269Florida Statutes, to read:
270     39.603  Court approvals of case planning.--
271     (4)  At the hearing on the case plan, the court may require
272the child to appear before the court to discuss the placement
273informational session provided for in s. 39.4085(1).
274     Section 6.  Paragraph (e) is added to subsection (7) of
275section 39.701, Florida Statutes, to read:
276     39.701  Judicial review.--
277     (7)
278     (e)  After each meeting between the child and his or her
279caseworker, the caseworker shall prepare a written report
280summarizing his or her communication with the child for the
281child's case management file. A copy of the written report shall
282be provided for review to the department, the community-based
283care lead agency, the court, the guardian ad litem appointed to
284the child, and the child's parents if their parental rights have
285not been terminated and they are not the subject or cause of the
286concern while the matter is still under investigation. The court
287shall, on its own motion or upon the request of the guardian ad
288litem or any other party, hold a status conference or hearing to
289discuss the report and any resulting investigation or review by
290the department or community-based care lead agency.
291     Section 7.  If any provision of this act or the application
292thereof to any person or circumstance is held invalid, the
293invalidity does not affect other provisions or applications of
294the act which can be given effect without the invalid provision
295or application, and to this end the provisions of this act are
296declared severable.
297     Section 8.  This act shall take effect July 1, 2007.


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