Florida Senate - 2011                                     SB 388
       
       
       
       By Senator Joyner
       
       
       
       
       18-00570-11                                            2011388__
    1                        A bill to be entitled                      
    2         An act relating to children of incarcerated parents;
    3         providing legislative findings and purpose; providing
    4         guiding principles to be used by state agency
    5         personnel when dealing with children of incarcerated
    6         parents; providing applicability; providing an
    7         effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Children of incarcerated parents; guiding
   12  principles for state agencies.—
   13         (1) LEGLISLATIVE FINDINGS.—The Legislature finds that one
   14  in every 100 adults in this country is in jail or prison and
   15  that approximately 1.5 million children have a parent who is in
   16  a state or federal prison. The Department of Corrections
   17  estimates that, in this state, there are more than 73,000
   18  children who have a parent in prison. The Legislature further
   19  finds that children of incarcerated parents often face
   20  significant obstacles, including unstable living arrangements
   21  and multiple school placements, financial hardship, and the
   22  social stigma associated with their parents’ incarceration. As a
   23  result, such children are at risk for poor academic achievement,
   24  substance abuse, delinquency, and criminal activity that can
   25  lead to their own future incarceration.
   26         (2) PURPOSE.—The purpose of this section is to help ensure
   27  that state agency personnel are sensitive to the issues and
   28  risks of children of incarcerated parents and to help maintain
   29  their well-being and support their needs.
   30         (3) GUIDING PRINCIPLES FOR STATE AGENCIES.—State agencies
   31  shall use the following guiding principles when dealing with the
   32  children of incarcerated parents.
   33         (a) The children should be treated with respect and dignity
   34  at all times.
   35         (b) The children’s safety and care should be of paramount
   36  importance to all involved.
   37         (c) If the children so choose, avenues for communication
   38  should be made available to allow the children to see, speak to,
   39  or visit parents, if appropriate.
   40         (d) State support for the children should be provided as
   41  resources permit and as authorized by law.
   42         (e) The children should be kept safe and informed at the
   43  time of the parent’s arrest.
   44         (f) The children’s wishes should be taken into
   45  consideration regarding any decisions made concerning their
   46  welfare.
   47         (g) The children’s wishes should be taken into
   48  consideration when decisions are made about their incarcerated
   49  parent.
   50         (h) Children should be well cared for when a parent is
   51  absent due to incarceration.
   52         (i) Children should receive proper support while struggling
   53  with the parent’s incarceration.
   54         (j) Children should not be judged, blamed, or labeled
   55  because of a parent’s incarceration.
   56         (k) Children should receive support for the desire to
   57  maintain a relationship with an incarcerated parent, if
   58  appropriate.
   59         (4) APPLICABILITY.—This section does not obligate a state
   60  agency to provide the children of incarcerated parents with
   61  support or services or to give children of incarcerated parents
   62  priority in the delivery of support or services not authorized
   63  by law.
   64         Section 2. This act shall take effect July 1, 2011.