Florida Senate - 2018 CS for SB 522 By the Committee on Rules; and Senator Bean 595-02461-18 2018522c1 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 and if 20 appropriate; requiring the department to include 21 certain information in the case plan if the 22 incarcerated parent does not participate in its 23 preparation; providing construction; providing an 24 effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 39.6021, Florida Statutes, is created to 29 read: 30 39.6021 Case planning when parents are incarcerated or 31 become incarcerated.— 32 (1) In a case in which the parent is incarcerated, the 33 department shall obtain information from the facility where the 34 parent is incarcerated to determine how the parent can 35 participate in the preparation and completion of the case plan 36 and receive the services that are available to the parent at the 37 facility. This subsection does not apply if the department has 38 determined that a case plan for reunification with the 39 incarcerated parent will not be offered. 40 (2) A parent who is incarcerated must be included in case 41 planning and must be provided a copy of any case plan that is 42 developed. 43 (3) A case plan for a parent who is incarcerated must 44 comply with ss. 39.6011 and 39.6012 to the extent possible, and 45 must give consideration to the regulations of the facility where 46 the parent is incarcerated and to services available at the 47 facility. The department shall attach a list of services 48 available at the facility to the case plan. If the facility does 49 not have a list of available services, the department must note 50 the unavailability of the list in the case plan. 51 (4) The incarcerated parent is responsible for complying 52 with the facility’s procedures and policies to access services 53 or maintain contact with his or her children as provided in the 54 case plan. 55 (5) If a parent becomes incarcerated after a case plan has 56 been developed, the parties to the case plan must move to amend 57 the case plan if the parent’s incarceration has an impact on 58 permanency for the child, including, but not limited to: 59 (a) Modification of provisions regarding visitation and 60 contact with the child; 61 (b) Identification of services within the facility; or 62 (c) Changing the permanency goal or establishing a 63 concurrent case plan goal. 64 (6) If an incarcerated parent is released before the case 65 plan expires, the case plan must, if appropriate, include tasks 66 that must be completed by the parent and services that must be 67 accessed by the parent upon the parent’s release. 68 (7) If the parent does not participate in preparation of 69 the case plan, the department must include in the case plan a 70 full explanation of the circumstances surrounding his or her 71 nonparticipation and must state the nature of the department’s 72 efforts to secure the incarcerated parent’s participation. 73 (8) This section does not prohibit the department or the 74 court from revising a permanency goal after a parent becomes 75 incarcerated or from determining that a case plan with a goal of 76 reunification may not be offered to a parent. This section may 77 not be interpreted as creating additional obligations for a 78 facility which do not exist in the statutes or regulations 79 governing that facility. 80 Section 2. This act shall take effect July 1, 2018.