| 1 | A bill to be entitled | 
| 2 | An act relating to child protective services; amending  | 
| 3 | s. 39.6012, F.S.; requiring a case plan for a child  | 
| 4 | receiving services from the Department of Children and  | 
| 5 | Family Services to include additional documentation  | 
| 6 | relating to a child's school attendance and parent or  | 
| 7 | caregiver efforts to permit the child to remain in the  | 
| 8 | school attended at the time of placement in care;  | 
| 9 | requiring a case plan for middle school or high school  | 
| 10 | students to include information regarding programs and  | 
| 11 | services that prepare the student for the transition  | 
| 12 | from care to independent living; requiring a case plan  | 
| 13 | to contain procedures for a child who is in middle  | 
| 14 | school or high school to directly access and manage a  | 
| 15 | personal allowance; creating s. 39.6015, F.S.;  | 
| 16 | requiring certain adult caregivers to serve as  | 
| 17 | education advocates for a child in middle school or  | 
| 18 | high school; providing a timeframe for appointing a  | 
| 19 | surrogate parent for a child who has a disability;  | 
| 20 | requiring the community-based provider to document the  | 
| 21 | selection of an education advocate or surrogate parent  | 
| 22 | in the child's case plan; providing an effective date. | 
| 23 | 
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| 24 | Be It Enacted by the Legislature of the State of Florida: | 
| 25 | 
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| 26 |      Section 1.  Subsections (2) and (3) of section 39.6012,  | 
| 27 | Florida Statutes, are amended, and subsection (4) is added to  | 
| 28 | that section, to read: | 
| 29 |      39.6012  Case plan tasks; services.- | 
| 30 |      (2)  The case plan must include all available information  | 
| 31 | that is relevant to the child's care including, at a minimum: | 
| 32 |      (a)  A description of the identified needs of the child  | 
| 33 | while in care. | 
| 34 |      (b)  A description of the plan for ensuring that the child  | 
| 35 | receives safe and proper care and that services are provided to  | 
| 36 | the child in order to address the child's needs. To the extent  | 
| 37 | available and accessible, the following health, mental health,  | 
| 38 | and education information and records of the child must be  | 
| 39 | attached to the case plan and updated throughout the judicial  | 
| 40 | review process: | 
| 41 |      1.  The names and addresses of the child's health, mental  | 
| 42 | health, and educational providers; | 
| 43 |      2.  The child's grade level performance; | 
| 44 |      3.  The child's school record, including the child's  | 
| 45 | attendance record; | 
| 46 |      4.  A description of the parent or current caregiver's  | 
| 47 | efforts to address problems relating to school attendance and  | 
| 48 | improve the child's school attendance, if such problems exist; | 
| 49 |      5.4.  Assurances that the child's placement takes into  | 
| 50 | account proximity to the school in which the child is enrolled  | 
| 51 | at the time of placement and that efforts were made to allow the  | 
| 52 | child to remain in that school if it is in the best interest of  | 
| 53 | the child; | 
| 54 |      6.5.  A record of the child's immunizations; | 
| 55 |      7.6.  The child's known medical history, including any  | 
| 56 | known problems; | 
| 57 |      8.7.  The child's medications, if any; and | 
| 58 |      9.8.  Any other relevant health, mental health, and  | 
| 59 | education information concerning the child. | 
| 60 |      (3)  In addition to any other requirement, if the child is  | 
| 61 | in an out-of-home placement, the case plan must include: | 
| 62 |      (a)  A description of the type of placement in which the  | 
| 63 | child is to be living. | 
| 64 |      (b)  A description of the parent's visitation rights and  | 
| 65 | obligations and the plan for sibling visitation if the child has  | 
| 66 | siblings and is separated from them. | 
| 67 |      (c)  When appropriate, for a child who is in middle school  | 
| 68 | or high school 13 years of age or older, a written description  | 
| 69 | of the programs and services that will help the child prepare  | 
| 70 | for the transition from foster care to independent living. | 
| 71 |      (d)  A discussion of the safety and the appropriateness of  | 
| 72 | the child's placement, which placement is intended to be safe,  | 
| 73 | and the least restrictive and the most family-like setting  | 
| 74 | available consistent with the best interest and special needs of  | 
| 75 | the child and in as close proximity as possible to the child's  | 
| 76 | home. | 
| 77 |      (4)  The case plan must contain procedures for a child who  | 
| 78 | is in middle school or high school to directly access and manage  | 
| 79 | the personal allowance he or she receives from the department in  | 
| 80 | order to learn responsibility and participate, to the extent  | 
| 81 | feasible, in age-appropriate life skills activities. | 
| 82 |      Section 2.  Section 39.6015, Florida Statutes, is created  | 
| 83 | to read: | 
| 84 |      39.6015  Services for children in middle school or high  | 
| 85 | school in care.- | 
| 86 |      (1)  A child in middle school or high school in care shall  | 
| 87 | have an adult caregiver who is knowledgeable about schools and  | 
| 88 | children in care and who serves as an education advocate to  | 
| 89 | reinforce the value of the child's investment in education, to  | 
| 90 | ensure that the child receives a high-quality education, and to  | 
| 91 | help the child plan for middle school, high school, and  | 
| 92 | postschool training, employment, or college. The education  | 
| 93 | advocate may be a caregiver, care manager, guardian ad litem,  | 
| 94 | educator, community volunteer, or individual hired and trained  | 
| 95 | for the specific purpose of serving as an education advocate. | 
| 96 |      (2)  A child in middle school or high school in care who  | 
| 97 | has a disability and is eligible for the appointment of a  | 
| 98 | surrogate parent, as required in s. 39.0016, shall be assigned a  | 
| 99 | surrogate parent in a timely manner, but no later than 30 days  | 
| 100 | after a determination that a surrogate parent is needed. | 
| 101 |      (3)  The community-based provider shall document in the  | 
| 102 | child's case plan that an education advocate has been identified  | 
| 103 | for each child in care or that a surrogate parent has been  | 
| 104 | appointed for each child in care who has a disability. | 
| 105 |      Section 3.  This act shall take effect July 1, 2012. |