HB 677

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

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