SB 262 — Child Welfare

Florida Senate - 2019 CS for SB 262 By Senatorthe AlbrittonCommittee 26-00454-19on 2019262__Judiciary; A bill to be entitled An act relating to child welfare;

and Senator Albritton 590-02492-19 2019262c1 A bill to be entitled An act relating to child welfare;

expanding the purpose of ch.

39, F.S.;

requiring the court during an adjudicatory hearing to advise parents in plain language of certain requirements to achieve reunificationpermanency with their child;

6261 Be It Enacted by the Legislature of the State of Florida:

6463 Section 1. Subsection (7) of section 39.001, Florida Statutes, is amended, paragraph (q) is added to subsection (1) of that section, and paragraph (j) is added to subsection (3) of that section, to read:

personnel standards and screening.— (1) PURPOSES(3) GENERAL OFPROTECTIONS CHAPTER.—TheFOR purposesCHILDREN.—It is a purpose of the Legislature that the children of this chapterstate are:be provided with the following protections:

(q) To recognize the responsibility of:

1. The parent from whose custody a child has been taken to take action to comply with the case plan so reunification with the child may occur within the shortest period of time possible, but no later than 1 year after removal or adjudication of the child.

2. The department and its community-based care providers to make reasonable efforts to finalize a family’s permanency plan, including assisting parents with developing strategies to overcome barriers to case plan compliance.

3. The court to affirmatively determine what the barriers are to timely reunification and address such barriers as frequently as needed to ensure compliance with the time limitations established in this chapter.

(3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of the Legislature that the children of this state be provided with the following protections:

Therefore, parents must take action to comply with the case plan so reunificationpermanency with the child may occur within the shortest period of time possible, but no later than 1 year after removal or adjudication of the child, including by notifying the parties and the court of barriers to case plan compliance.

(18) The court shall advise the parents in plain language what is expected of them to achieve reunification with their child, including that:, (a) Parents must take action to comply with the case plan so reunificationpermanency with the child may occur within the shortest period of time possible, but no later than 1 year after removal or adjudication of the child.

The court shall advise the parents in plain language that:, 1. Parents must take action to comply with the case plan so reunificationpermanency with the child may occur within the shortest period of time possible, but no later than 1 year after removal or adjudication of the child.

(e)  A written notice to the parent that it is the parent’s responsibility to take action to comply with the case plan so reunificationpermanency with the child may occur within the shortest period of time possible, but no later than 1 year after removal or adjudication of the child;

the parent must notify the parties and the court in writing of barriers to completing case plan tasks within a reasonable time after discovering such barriers if the parties are not actively working to overcome them;

The department shall explain the strategies included in the plan which the parent can use to overcome barriers to case plan compliance and shall explain that if a barrier is discovered and the parties are not actively working to overcome such barrier, the parent must notify the parties and the court in writing within a reasonable time after discovering such barrier.

8. Strategies to overcome barriers to case plan compliance and an explanation that the parent must notify the parties and the court in writing within a reasonable time after discovering a barrier that the parties are not actively working to overcome such barrier.

(a) If, after a child hasis achievedresiding in the permanencypermanent placement approved at the permanency hearing, a parent who has not had his or her parental rights terminated makes a motion for reunification or increased contact with the child, the court shall hold a hearing to determine whether the dependency case should be reopened and whether there should be a modification of the order.