Florida 2019 Regular Session Status: In Committee

HB 823 — Child Welfare

Last action — Died in Health and Human Services Committee

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

555 added · 809 removed

555 line(s) added, 809 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 A bill to be entitled An act relating to child welfare;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 A bill to be entitled An act relating to child welfare;
amending s.
39.4085, F.S.;
providing legislative findings and intent;
specifying the rights of children and young adults in out-of-home care;
providing roles and responsibilities for the Department of Children and Families, community-based care lead agencies, and other agency staff;
providing roles and responsibilities for caregivers;
requiring the department to adopt certain rules;
requiring the Florida Children's Ombudsman to serve as an autonomous entity within the department for certain purposes;
requiring the Florida Children's Ombudsman to serve as an autonomous entity within the Department of Children and Families for certain purposes;
providing general roles and responsibilities for the ombudsman;
providing responsibilities for the ombudsman;
requiring the ombudsman, in consultation with the department and other specified entities and by a specified date, to develop standardized information explaining the rights of children and young adults placed in out-of-home care;
requiring the ombudsman, in consultation with the department and other specified entities and by a specified date, to develop standardized information explaining the goals for children and young adults placed in out-of-home care;
requiring the department to adopt certain rules;
authorizing the department to adopt certain rules;
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39.6011, F.S.;
Words stricken are deletions;
providing that a caregiver may participate in developing a case plan;
words underlined are additions.
providing additional requirements for a case plan for certain children;
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 39.6011, F.S.;
requiring that a case plan be developed in a face-to-face conference with a caregiver of a child under certain circumstances;
providing additional requirements for the content of a case plan;
providing additional requirements for a case plan when a child is 14 years of age or older or is of an appropriate age and capacity;
39.6013, F.S.;
conforming a cross-reference;
amending s.
requiring a caseworker to provide information about subsidies provided by early learning coalitions to caregivers of certain children;
requiring a caseworker to provide Page 1 of 20 CODING:
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words underlined are additions.
hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 certain information to caregivers of certain children;
providing additional requirements for records and information the department and any additional providers are required to make available to caregivers;
requiring additional records and information be shared with caregivers;
409.175, F.S.;
providing additional requirements for the licensure and operation of family foster homes, residential child-caring agencies, and child-placing agencies;
amending s.
requiring a lead agency, rather than the department, to provide caregivers with a contact when the caseworker is Page 2 of 29 CODING:
requiring a lead agency to provide foster parents with a certain telephone number;
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words underlined are additions.
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 unavailable;
amending s.
providing responsibilities for lead agencies in the recruitment and retention of foster homes;
39.6013, F.S.;
conforming a cross-reference;
Section 39.4085, Florida Statutes, is amended to read:
(Substantial rewording of section.
See s.
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39.4085, F.S., for present text.) 39.4085 Foster Children's Bill of Rights.— (1) LEGISLATIVE FINDINGS AND INTENT.— (a) The Legislature finds that children in, and young adults leaving, out-of-home care face more developmental, psychosocial, and economic challenges than their peers outside of the child welfare system and are more likely to be unemployed, undereducated, homeless, and dependent on public assistance;
and to experience early parenthood and to suffer from substance abuse and mental health disorders.
(b) The Legislature also finds that emotional trauma, separation from family, frequent changes in placement, and frequent changes in school enrollment, as well as being dependent on the state to make decisions regarding current and future life options, may contribute to feelings of limited Page 3 of 29 CODING:
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hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 control over life circumstances for children and young adults in out-of-home care.
(c) The Legislature also recognizes that there are basic human rights guaranteed to everyone, but children and young adults in out-of-home care have additional rights that they should be aware of in order to better advocate for themselves.
(d) Therefore, it is the intent of the Legislature to empower these children and young adults by helping them become better informed of their rights so they can become stronger self-advocates.
(2) BILL OF RIGHTS.—The department's child welfare system shall operate with the understanding that the rights of children and young adults in out-of-home care are critical to their safety, permanence, and well-being and shall work with all stakeholders to help such children and young adults become knowledgeable about their rights and the resources available to them.
A child should be able to remain in the custody of his or her parents or legal custodians unless a qualified person exercising competent professional judgment determines that removal is necessary to protect the child's physical, mental, or emotional health or safety.
The rights of a child or young adult placed in out-of-home care are:
(a) To live in a safe, healthy, and comfortable home where he or she is treated with respect and where the caregiver is aware of and understands the child's history, needs, and risk Page 4 of 29 CODING:
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hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 factors.
(b) To be free from physical, sexual, emotional, or other abuse, or corporal punishment.
This includes the right to be placed away from other children or young adults who are known to pose a threat of harm to him or her because of his or her own risk factors or those of the other child or young adult.
(c) To receive adequate and healthful food, adequate clothing, and an allowance.
(d) To receive medical, dental, vision, and mental health services, as needed.
(e) To be free of the administration of medication or chemical substances, unless authorized by a parent or the court.
(f) To be able to contact and visit his or her family members and fictive kin at least once per month, unless prohibited by court order.
(g) To be placed together with his or her siblings, or to maintain contact with and visit his or her siblings at least once per week, unless prohibited by court order.
(h) To be able to contact the Florida Children's Ombudsman, as described in s.
39.4086, regarding violations of rights;
to speak to the ombudsman confidentially;
and to be free from threats or punishment for making complaints.
(i) To make and receive confidential telephone calls and to send and receive unopened mail, unless prohibited by court order.
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hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 (j) To attend the religious services and activities of his or her choice, and to not be compelled to unwillingly attend religious services or activities.
(k) To maintain a bank account and manage personal income, consistent with his or her age and developmental level, unless prohibited by the case plan.
(l) To not be locked in any room, building, or facility premises, unless placed in a residential treatment center by court order.
(m) To attend school and participate in extracurricular, cultural, and personal enrichment activities consistent with his or her age and developmental level.
(n) To work and develop job skills at an age-appropriate level that is consistent with state law.
(o) To have social contact with people outside of the foster care system such as teachers, church members, mentors, and friends.
(p) To attend independent living program classes and activities if he or she meets the age requirements.
(q) To attend all court hearings and speak with the judge.
(r) To have storage space for private use.
(s) To participate in creating and reviewing his or her case plan if he or she is 14 years of age or older or, if younger, is of an appropriate age and capacity to receive information about his or her out-of-home placement and case Page 6 of 29 CODING:
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hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 plan, including being told of changes to the plan, and to have the ability to object to provisions of the case plan.
(t) To be free from unreasonable searches of his or her personal belongings.
(u) To the confidentiality of all juvenile court records consistent with state law.
(v) To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(w) If he or she is 16 years of age or older, to have access to existing information regarding the educational and financial assistance options available to him or her, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, postsecondary educational services and support, the Keys to Independence program, and the tuition waiver available under s.
1009.25.
(x) To not be moved by the department or a community-based care lead agency to another out-of-home placement unless the current home is unsafe or the change is court-ordered and, if moved, the right to a transition that respects his or her relationships and property pursuant to s.
409.145.
(y) To have a guardian ad litem appointed to represent his Page 7 of 29 CODING:
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hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 or her best interests and, if appropriate, an attorney ad litem appointed to represent his or her legal interests.
The guardian ad litem and attorney ad litem shall have immediate and unlimited access to the children they represent.
(3) ROLES AND RESPONSIBILITIES OF THE DEPARTMENT, COMMUNITY-BASED CARE LEAD AGENCIES, AND OTHER AGENCY STAFF.— (a) The department shall develop training related to the rights of children and young adults in out-of-home care under this section.
All child protective investigators, case managers, and other appropriate staff must complete annual training relating to these rights.
(b) The department shall provide a copy of this bill of rights to all children and young adults entering out-of-home care, and the department shall explain the bill of rights to the child or young adult in a manner the child or young adult can understand.
Such explanation must occur in a manner that is the most effective for each individual and must use words and terminology that make sense to the child or young adult.
If a child or young adult has cognitive, physical, or behavioral challenges that would prevent him or her from fully comprehending the bill of rights as presented, such information must be documented in the case record.
(c) The caseworker or other appropriate agency staff shall document in court reports and case notes the date he or she reviewed the bill of rights in age-appropriate language with the Page 8 of 29 CODING:
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hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 foster child or young adult.
(d) The bill of rights must be reviewed with the child or young adult by appropriate staff upon entry into out-of-home care and must be subsequently reviewed with the child or young adult every 6 months until the child leaves care and upon every change in placement.
Each child or young adult must be given the opportunity to ask questions about any of the rights that he or she does not clearly understand.
(e) Facilities licensed to care for six or more children and young adults in out-of-home care must post information about the rights of these individuals in a prominent place in the facility.
(4) ROLES AND RESPONSIBILITIES OF CAREGIVERS.—All caregivers must ensure that a child or young adult in their care is aware of and understands his or her rights under this section and must assist the child or young adult in contacting the Florida Children's Ombudsman, if necessary.
(5) RULEMAKING.—The department shall adopt rules to implement this section.
Section 2.
39.4088 Florida Children's Ombudsman.—The Florida Children's Ombudsman shall serve as an autonomous entity within the department for the purpose of providing children and young adults who are placed in out-of-home care with a means to Page 9 of 29 CODING:
39.4088 Florida Children's Ombudsman.—The Florida Children's Ombudsman shall serve as an autonomous entity within the department for the purpose of providing to children and young adults who are placed in out-of-home care a means to resolve issues related to their care, placement, or services without fear of retribution.
The ombudsman shall have access to any record of a state or local agency which is necessary to Page 2 of 20 CODING:
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 resolve issues related to their care, placement, or services without fear of retribution.
hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 carry out his or her responsibilities and may meet or communicate with any child or young adult in the child or young adult's placement or elsewhere.
The ombudsman shall have access to any record of a state or local agency which is necessary to carry out his or her responsibilities and may meet or communicate with any child or young adult in the child or young adult's placement or elsewhere.
(1) RESPONSIBILITIES.—The ombudsman shall:
(1) GENERAL ROLES AND RESPONSIBILITIES OF THE OMBUDSMAN.— The ombudsman shall:
(a) Disseminate information on the goals for children and young adults in out-of-home care under s.
(a) Disseminate information on the rights of children and young adults in out-of-home care under s.
(c) Conduct whatever investigation he or she determines is necessary to resolve a complaint.
(c) Conduct whatever investigation he or she determines is necessary to resolve the complaint.
(b) Compile all data collected over the course of the year including, but not limited to, the number of contacts to the toll-free telephone number;
(b) Compile all data collected over the course of the year, including, but not limited to, the number of calls made to the toll-free telephone number;
the number of complaints made, Page 10 of 29 CODING:
the number of complaints made, including the type and source of those complaints;
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hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 including the type and source of those complaints;
(c) Post the compiled data on the department's website.
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(3) DEVELOPMENT AND DISSEMINATION OF INFORMATION.— (a) By January 1, 2020, the ombudsman, in consultation with the department, children's advocacy and support groups, and current or former children and young adults in out-of-home care, shall develop standardized information explaining the rights granted under s.
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hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 (c) Post the compiled data on the department's website.
(3) DEVELOPMENT AND DISSEMINATION OF INFORMATION.— (a) By January 1, 2020, the ombudsman, in consultation with the department, children's advocacy and support groups, and current or former children and young adults in out-of-home care, shall develop standardized information explaining the goals described s.
The information must be age- appropriate, reviewed and updated by the ombudsman annually, and made available through a variety of formats.
The information must be age-appropriate, reviewed and updated by the ombudsman annually, and made available through a variety of formats.
(b) The department, community-based care lead agencies, and other agency staff must use the information provided by the ombudsman to carry out their responsibilities to inform children and young adults in out-of-home care of their rights pursuant to the duties established under s.
(b) The department, community-based care lead agencies, and other agency staff must use the information provided by the ombudsman to carry out their responsibilities to inform children and young adults in out-of-home care regarding the goals established in s.
409.145.
39.4085.
(c) The department shall establish a statewide toll-free telephone number for the ombudsman and post the number on the homepage of the department's website.
(c) The department shall establish a statewide toll-free telephone number for reporting complaints to the ombudsman and post the number on the homepage of the department's website.
(4) RULEMAKING.—The department shall adopt rules to implement this section.
(4) RULEMAKING.—The department may adopt rules to implement this section.
Section 3.
Section 2.
Subsections (4) through (8) of section 39.6011, Florida Statutes, are redesignated as subsections (5) through Page 11 of 29 CODING:
Subsections (4) through (8) of section 39.6011, Florida Statutes, are renumbered as subsections (5) through (9), respectively, paragraph (a) of subsection (1) and paragraph (b) of present subsection (6) are amended, paragraph (f) is added to subsection (2), and a new subsection (4) is added to that section, to read:
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hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 (9), respectively, paragraph (a) of subsection (1) and paragraph (b) of present subsection (6) of that section are amended, paragraph (f) is added to subsection (2) of that section, and a new subsection (4) is added to that section, to read:
hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 39.6011 Case plan development.— (1) The department shall prepare a draft of the case plan for each child receiving services under this chapter.
39.6011 Case plan development.— (1) The department shall prepare a draft of the case plan for each child receiving services under this chapter.
(f) If the child has attained 14 years of age or is otherwise of an appropriate age and capacity:
(f) If the child has attained 14 years of age or, if younger, is of an appropriate age and capacity:
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1.
A document that describes the goals established in s.
39.4085.
2.
A signed acknowledgement by the child, or the caregiver if the child is too young or otherwise unable to sign, that the Page 5 of 20 CODING:
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 1.
hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 child has been provided with a copy of the document and that the goals contained in the document have been explained to the child in a way that the child understands.
A document that describes the rights of the child under s.
39.4085 and the right to be provided with the documents pursuant to s.
39.701.
2.
A signed acknowledgement by the child or young adult, or the caregiver if the child is too young or otherwise unable to sign, that the child has been provided with a copy of the document and that the rights contained in the document have been explained to the child in a way that the child understands.
Documentation that a consumer credit report for the child was requested from at least one reputable credit reporting agency at no charge to the child and that any results were provided to the child.
Documentation that a consumer credit report for the child was requested from all three credit reporting agencies pursuant to federal law at no charge to the child and that any results were provided to the child.
If the consumer credit report reveals any accounts, the case plan must detail how the department ensured the child received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for such assistance.
If the consumer credit report reveals any accounts, the case plan must detail how the child received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for such assistance.
and have the option to choose two members for the case planning team who are not a foster parent or caseworker for the child.
and have the option to choose two members for the case planning team who are not foster parents or caseworkers for the child.
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1.
An individual selected by a child to be a member of the case planning team may be rejected at any time if there is good cause to believe that the individual would not act in the best interest of the child.
One individual selected by a child to be a member of the child's case planning team may be designated to Page 6 of 20 CODING:
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 1.
hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 act as the child's advisor and, as necessary, advocate with respect to the application of the reasonable and prudent parent standard, as defined in s.
An individual selected by a child to be a member of the case planning team may be rejected at any time if there is good cause to believe that the individual would not act in the best interest of the child.
409.145.
One individual selected by a child to be a member of the child's case planning team may be designated to act as the child's advisor and, as necessary, advocate with respect to the application of the reasonable and prudent parent standard to the child.
(d) After the case plan is agreed on and signed by all parties, and after jurisdiction attaches and the case plan is filed with the court, be provided a copy of the case plan within 72 hours before the disposition hearing.
(d) After the case plan is agreed on and signed by all parties, and after jurisdiction attaches and the case plan is filed with the court, be provided a copy of the case plan not less than 3 business days before the disposition hearing.
(b) After the case plan has been agreed upon and signed by the parties, a copy of the plan must be given immediately to the Page 14 of 29 CODING:
(b) After the case plan has been agreed upon and signed by the parties, a copy of the plan must be given immediately to the parties, including the child if appropriate, the caregiver if the child is placed in a licensed foster home, and to other persons as directed by the court.
1.
A case plan must be prepared, but need not be submitted to the court, for a child who will be in care no longer than 30 Page 7 of 20 CODING:
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 parties, including the child if appropriate, the caregiver if the child is placed in a licensed foster home, and to other persons as directed by the court.
hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 days unless that child is placed in out-of-home care a second time within a 12-month period.
1.
A case plan must be prepared, but need not be submitted to the court, for a child who will be in care no longer than 30 days unless that child is placed in out-of-home care a second time within a 12-month period.
Section 3.
Subsection (8) of section 39.6013, Florida Statutes, is amended to read:
39.6013 Case plan amendments.— (8) Amendments must include service interventions that are the least intrusive into the life of the parent and child, must focus on clearly defined objectives, and must provide the most efficient path to quick reunification or permanent placement given the circumstances of the case and the child's need for safe and proper care.
A copy of the amended plan must be immediately given to the persons identified in s.
39.6011(7)(b) s.
39.6011(6)(b).
Paragraph (c) is added to subsection (3) of section 39.604, Florida Statutes, to read:
Paragraph (c) is added to subsection (3) of Page 8 of 20 CODING:
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hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 section 39.604, Florida Statutes, to read:
preschool.— (3) REQUIREMENTS.— (c) For children placed in a licensed foster home and who are required to be enrolled in an early education or child care Page 15 of 29 CODING:
preschool.— (3) REQUIREMENTS.— (c) For a child placed in a licensed foster home and who is required to be enrolled in an early education or child care program under this section, the caseworker shall inform the caregiver of the child of the amount of the subsidy provided by an early learning coalition, that this amount may not be sufficient to pay the full cost of the services, and whether the caregiver will be responsible for paying the difference between the subsidy and the full cost charged by the early education or child care program.
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hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 program under this section, the caseworker shall inform the caregiver of the amount of the subsidy provided by an early learning coalition, that this amount may not be sufficient to pay the full cost of the services, and that the caregiver will be responsible for paying the difference between the subsidy and the full cost charged by the early education or child care program.
1.
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A description of the type of placement the child is in at the time of the hearing, including the safety of the child and the continuing necessity for and appropriateness of the placement.
2.
Documentation of the diligent efforts made by all parties to the case plan to comply with each applicable Page 16 of 29 CODING:
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 provision of the plan.
hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 1.
A description of the type of placement the child is in at the time of the hearing, including the safety of the child and the continuing necessity for and appropriateness of the placement.
2.
Documentation of the diligent efforts made by all parties to the case plan to comply with each applicable provision of the plan.
A statement concerning the frequency, duration, and results of the parent-child visitation, if any, and the agency recommendations for an expansion or restriction of future visitation.
A statement concerning the frequency, duration, and Page 10 of 20 CODING:
8.
The number of times a child has been removed from his or her home and placed elsewhere, the number and types of placements that have occurred, and the reason for the changes in Page 17 of 29 CODING:
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 placement.
hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 results of the parent-child visitation, if any, and the agency recommendations for an expansion or restriction of future visitation.
8.
The number of times a child has been removed from his or her home and placed elsewhere, the number and types of placements that have occurred, and the reason for the changes in placement.
Documentation that the Foster Children's Bill of Rights, as described in s.
Documentation that a description of the goals established in s.
39.4085, has been provided to and reviewed with the child.
39.4085 has been provided to and reviewed with the child.
A signed acknowledgement by the child, or the caregiver if the child is too young or otherwise unable to sign, stating that the child has been provided an explanation of the rights under s.
A signed acknowledgement by the child, or the caregiver if the child is too young or otherwise unable to sign, Page 11 of 20 CODING:
39.4085.
(3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.— (a) In addition to the review and report required under paragraphs (1)(a) and (2)(a), respectively, the court shall hold a judicial review hearing within 90 days after a child's 17th Page 18 of 29 CODING:
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 birthday.
hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 stating that the child has been provided an explanation of the goals established in s.
39.4085.
(3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.— (a) In addition to the review and report required under paragraphs (1)(a) and (2)(a), respectively, the court shall hold a judicial review hearing within 90 days after a child's 17th birthday.
A current Medicaid card and all necessary information concerning the Medicaid program sufficient to prepare the child to apply for coverage upon reaching the age of 18, if such application is appropriate.
A current Medicaid card and all necessary information concerning the Medicaid program sufficient to prepare the child to apply for coverage upon reaching the age of 18, if such Page 12 of 20 CODING:
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hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 application is appropriate.
A social security card and information relating to social security insurance benefits if the child is eligible for Page 19 of 29 CODING:
A social security card and information relating to social security insurance benefits if the child is eligible for those benefits.
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words underlined are additions.
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 those benefits.
7.
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hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 7.
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39.013.
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words underlined are additions.
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 39.013.
Been provided with the Foster Children's Bill of Rights, as described in s.
Been provided a description of the goals established in s.
39.0485, and that the rights have been reviewed with the child.
39.4085, and that the goals have been provided to and reviewed with the child.
Signed an acknowledgement stating that he or she has been provided an explanation of the rights or, if the child is too young or otherwise unable to sign, that such acknowledgment has been signed by the child's caregiver.
Signed an acknowledgement stating that he or she has been provided an explanation of the goals established in s.
39.4085 or, if the child is too young or otherwise unable to Page 14 of 20 CODING:
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hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 sign, that such acknowledgment has been signed by the child's caregiver.
"reasonable and prudent parent" standard.—The child welfare system of the department shall operate as a coordinated community-based system Page 21 of 29 CODING:
"reasonable and prudent parent" standard.—The child welfare system of the department shall operate as a coordinated community-based system of care which empowers all caregivers for children in foster care to provide quality parenting, including approving or disapproving a child's participation in activities based on the caregiver's assessment using the "reasonable and prudent parent" standard.
Words stricken are deletions;
words underlined are additions.
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 of care which empowers all caregivers for children in foster care to provide quality parenting, including approving or disapproving a child's participation in activities based on the caregiver's assessment using the "reasonable and prudent parent" standard.
1.
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hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 1.
Complete all training needed to improve skills in parenting a child who has experienced trauma due to neglect, Page 22 of 29 CODING:
Complete all training needed to improve skills in parenting a child who has experienced trauma due to neglect, abuse, or separation from home, to meet the child's special needs, and to work effectively with child welfare agencies, the court, the schools, and other community and governmental agencies.
Words stricken are deletions;
words underlined are additions.
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 abuse, or separation from home, to meet the child's special needs, and to work effectively with child welfare agencies, the court, the schools, and other community and governmental agencies.
Support the child's educational success by participating in activities and meetings associated with the child's school or other educational setting, including Individual Education Plan meetings and meetings with an educational surrogate if one has been appointed, assisting with assignments, supporting tutoring programs, and encouraging the child's participation in extracurricular activities.
Support the child's educational success by participating in activities and meetings associated with the child's school or other educational setting, including Individual Education Plan meetings to the extent allowed and Page 16 of 20 CODING:
a.
Maintaining educational stability for a child while in out-of-home care by allowing the child to remain in the school or educational setting that he or she attended before entry into out-of-home care is the first priority, unless not in the best Page 23 of 29 CODING:
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 interest of the child.
hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 meetings with an educational surrogate if one has been appointed, assisting with assignments, supporting tutoring programs, and encouraging the child's participation in extracurricular activities.
a.
Maintaining educational stability for a child while in out-of-home care by allowing the child to remain in the school or educational setting that he or she attended before entry into out-of-home care is the first priority, unless not in the best interest of the child.
Ensure that the child in the caregiver's care who is between 13 and 17 years of age learns and masters independent living skills.
Ensure that the child in the caregiver's care who is Page 17 of 20 CODING:
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hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 between 13 and 17 years of age learns and masters independent living skills.
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11.
Words stricken are deletions;
Pay the difference between the subsidy from an early learning coalition and the full cost charged by an early education or child care program, if other funding is not available.
words underlined are additions.
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 11.
Pay the difference between the subsidy from an early learning coalition and the full cost charged by an early education or child care program.
Ensure that the child in the caregiver's care is aware of and understands his or her rights under s.
Ensure that the child in the caregiver's care is aware of and understands the goals established in s.
309.4085.
39.4085.
Assist the child in contacting the Florida Children's Ombudsman, if necessary.
Assist the child in the caregiver's care in contacting the Florida Children's Ombudsman, if necessary.
Medical, dental, psychological, psychiatric, and behavioral history, as well as ongoing evaluation or treatment needs or treatment plans and information on how the caregiver can support any treatment plan within the foster home;
Medical, dental, psychological, psychiatric, and behavioral history, as well as ongoing evaluation or treatment Page 18 of 20 CODING:
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hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 needs or treatment plans, including how the caregiver can support any treatment plan within the foster home;
Comprehensive behavioral assessments and other social assessments and information on how the caregiver can manage any behavioral issues;
Comprehensive behavioral assessments and other social assessments and information to assist the caregiver in managing the child's behavioral problems;
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6.
Words stricken are deletions;
words underlined are additions.
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 6.
Paragraph (b) of subsection (5) of section 409.175, Florida Statutes, is amended to read:
Section 409.1753, Florida Statutes, is amended to read:
409.175 Licensure of family foster homes, residential child-caring agencies, and child-placing agencies;
409.1753 Foster care;
public records exemption.— (5) The department shall adopt and amend rules for the levels of licensed care associated with the licensure of family foster homes, residential child-caring agencies, and child- placing agencies.
duties.—The department shall ensure that each lead agency provides, within each district, each foster home with is given a telephone number for the foster parent to call at any time when during normal working hours whenever immediate assistance is needed and the child's caseworker is unavailable.
The rules may include criteria to approve waivers to licensing requirements when applying for a child- specific license.
This number must be staffed and Page 19 of 20 CODING:
(b) The requirements for licensure and operation of family foster homes, residential child-caring agencies, and child- placing agencies shall include:
1.
The operation, conduct, and maintenance of these homes and agencies and the responsibility which they assume for children served and the evidence of need for that service.
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hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 2.
hb0823-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 823 2019 answered by individuals possessing the knowledge and authority necessary to assist foster parents.
The provision of food, clothing, educational opportunities, services, equipment, and individual supplies to assure the healthy physical, emotional, and mental development of the children served.
3.
The appropriateness, safety, cleanliness, and general adequacy of the premises, including fire prevention and health standards, to provide for the physical comfort, care, and well- being of the children served.
4.
The ratio of staff to children required to provide adequate care and supervision of the children served and, in the case of foster homes, the maximum number of children in the home.
5.
The good moral character based upon screening, education, training, and experience requirements for personnel.
6.
The department may grant exemptions from disqualification from working with children or the developmentally disabled as provided in s.
435.07.
7.
The provision of preservice and inservice training for all foster parents and agency staff.
8.
Satisfactory evidence of financial ability to provide care for the children in compliance with licensing requirements.
9.
The maintenance by the agency of records pertaining to admission, progress, health, and discharge of children served, including written case plans and reports to the department.
10.
The provision for parental involvement to encourage Page 27 of 29 CODING:
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hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 preservation and strengthening of a child's relationship with the family.
11.
The transportation safety of children served.
12.
The provisions for safeguarding the cultural, religious, and ethnic values of a child.
13.
Provisions to safeguard the legal rights of children served, as well as rights of children established under s.
39.4085.
Section 409.1753, Florida Statutes, is amended to read:
409.1753 Foster care;
duties.—The department shall ensure that each lead agency provides, within each district, each foster home with is given a telephone number for the foster parent to call during normal working hours whenever immediate assistance is needed and the child's caseworker is unavailable.
This number must be staffed and answered by individuals possessing the knowledge and authority necessary to assist foster parents.
Section 9.
Develop a plan to recruit and retain foster homes using Page 28 of 29 CODING:
Develop a plan to recruit and retain foster homes using best practices identified by the department and specify how the lead agency complies with s.
Words stricken are deletions;
words underlined are additions.
hb0823-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 823 2019 best practices identified by the department and specify how the lead agency complies with s.
Section 10.
Section 9.
Subsection (8) of section 39.6013, Florida Statutes, is amended to read:
39.6013 Case plan amendments.— (8) Amendments must include service interventions that are the least intrusive into the life of the parent and child, must focus on clearly defined objectives, and must provide the most efficient path to quick reunification or permanent placement given the circumstances of the case and the child's need for safe and proper care.
A copy of the amended plan must be immediately given to the persons identified in s.
39.6011(7)(b) s.
39.6011(6)(b).
Section 11.
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hb0823-00
hb0823-01-c1
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Action History

  1. Died in Health and Human Services Committee

  2. Indefinitely postponed and withdrawn from consideration

  3. Now in Health and Human Services Committee

  4. CS referred to Health and Human Services Committee

  5. Original reference(s) removed: Health Care Appropriations Subcommittee

  6. CS by Children, Families and Seniors Subcommittee read 1st time

  7. Pending review of CS under Rule 7.18(c)

  8. CS by Children, Families and Seniors Subcommittee; YEAS 15 NAYS 0

  9. PCS on Committee agenda-- Children, Families and Seniors Subcommittee, 03/25/19, 4:00 pm, 12 HOB

  10. Introduced

  11. Referred to Children, Families and Seniors Subcommittee; Health Care Appropriations Subcommittee; Health and Human Services Committee

  12. Filed

Sponsors

  • Children · Primary
  • Families and Seniors Subcommittee · Primary

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 158 not signed on

Sponsors (2)

  • Children
  • Families and Seniors Subcommittee

Co-sponsors (0)

None.

Not signed on (158)

158 members have not signed on to this bill.

Show all 158 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 3000
Democrat 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Ausley — Yea
Newton — Yea
Ponder — Yea
Roth — Yea
Stevenson — Yea
Clemons — Yea
Cortes, J. — Yea
Fernandez-Barquin — Yea
Fetterhoff — Yea
Polo — Yea
Roach — Yea
Polsky, Tina Scott Democrat Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Duggan, Wyman Republican Yea
Smith, David Republican Yea

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Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 823?
HB 823 is sponsored by Children and Families and Seniors Subcommittee.
What is the current status of HB 823?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 823?
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