| 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. |