Bill Text: FL S1126 | 2012 | Regular Session | Introduced
Bill Title: Child Protective Services
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2012-03-09 - Died in Children, Families, and Elder Affairs [S1126 Detail]
Download: Florida-2012-S1126-Introduced.html
Florida Senate - 2012 SB 1126 By Senator Sobel 31-00703A-12 20121126__ 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 24 Be It Enacted by the Legislature of the State of Florida: 25 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 known 56 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 school13 years of age or older, a written description 69 of the programs and services that will help the child prepare 70 for the transition fromfostercare 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 to 83 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 has 97 a disability and is eligible for the appointment of a surrogate 98 parent, as required in s. 39.0016, shall be assigned a surrogate 99 parent in a timely manner, but no later than 30 days after a 100 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.