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