Florida Senate - 2018 SB 522 By Senator Bean 4-00372A-18 2018522__ 1 A bill to be entitled 2 An act relating to incarcerated parents; creating s. 3 39.6021, F.S.; requiring the Department of Children 4 and Families to obtain specified information from a 5 facility where a parent is incarcerated under certain 6 circumstances; providing an exception; requiring that 7 a parent who is incarcerated be included in case 8 planning and provided with a copy of the case plan; 9 providing requirements for case plans; specifying that 10 the incarcerated parent is responsible for complying 11 with facility procedures and policies to access 12 services or maintain contact with his or her children 13 as provided in the case plan; requiring the parties to 14 the case plan to move to amend the case plan if a 15 parent becomes incarcerated after a case plan has been 16 developed and the parent’s incarceration has an impact 17 on permanency for the child; requiring that the case 18 plan include certain information if the incarcerated 19 parent is released before it expires; requiring the 20 department to include certain information in the case 21 plan if the incarcerated parent does not participate 22 in its preparation; providing construction; providing 23 an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 39.6021, Florida Statutes, is created to 28 read: 29 39.6021 Case planning when parents are incarcerated or 30 become incarcerated.— 31 (1) In a case in which the parent is incarcerated, the 32 department shall obtain information from the facility where the 33 parent is incarcerated to determine how the parent can 34 participate in the preparation and completion of the case plan 35 and receive the services that are available to the parent at the 36 facility. This subsection does not apply if the department has 37 determined that a case plan for reunification with the 38 incarcerated parent will not be offered. 39 (2) A parent who is incarcerated must be included in case 40 planning and must be provided a copy of any case plan that is 41 developed. 42 (3) A case plan for a parent who is incarcerated must 43 comply with ss. 39.6011 and 39.6012 to the extent possible, and 44 must give consideration to the regulations of the facility where 45 the parent is incarcerated and to services available at the 46 facility. The department shall attach a list of services 47 available at the facility to the case plan. If the facility does 48 not have a list of available services, the department must note 49 the unavailability of the list in the case plan. 50 (4) The incarcerated parent is responsible for complying 51 with the facility’s procedures and policies to access services 52 or maintain contact with his or her children as provided in the 53 case plan. 54 (5) If a parent becomes incarcerated after a case plan has 55 been developed, the parties to the case plan must move to amend 56 the case plan if the parent’s incarceration has an impact on 57 permanency for the child, including, but not limited to: 58 (a) Modification of provisions regarding visitation and 59 contact with the child; 60 (b) Identification of services within the facility; or 61 (c) Changing the permanency goal or establishing a 62 concurrent case plan goal. 63 (6) If an incarcerated parent is released before the case 64 plan expires, the case plan must include tasks that must be 65 completed by the parent and services that must be accessed by 66 the parent upon the parent’s release. 67 (7) If the parent does not participate in preparation of 68 the case plan, the department must include in the case plan a 69 full explanation of the circumstances surrounding his or her 70 nonparticipation and must state the nature of the department’s 71 efforts to secure the incarcerated parent’s participation. 72 (8) This section does not prohibit the department or the 73 court from revising a permanency goal after a parent becomes 74 incarcerated or from determining that a case plan with a goal of 75 reunification may not be offered to a parent. This section may 76 not be interpreted as creating additional obligations for a 77 facility which do not exist in the statutes or regulations 78 governing that facility. 79 Section 2. This act shall take effect July 1, 2018.