Florida 2022 Regular Session

Florida House Bill H0563 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 563 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0563-00
9	9	Page 1 of 10
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to children and young adults in out -2
16	16	of-home care; amending s. 39.4085, F.S.; revising 3
17	17	legislative findings and providing legislative intent; 4
18	18	providing construction; specifying the rights of, 5
19	19	rather than goals for, children and young adults in 6
20	20	out-of-home care; providing the roles and 7
21	21	responsibilities of the Department of Children and 8
22	22	Families, community-based care lead agencies, and 9
23	23	other agency staff; authorizing and encouraging 10
24	24	district school boards to establish certain 11
25	25	educational programs; requiring the department to 12
26	26	adopt rules; creating s. 39.4088, F.S.; designating a 13
27	27	children's ombudsman as an autonomous entity within 14
28	28	the department; providing responsibilities of the 15
29	29	ombudsman; requiring the ombudsman to collect and post 16
30	30	certain data on the department's website; requiring 17
31	31	the ombudsman, in consultation with the department and 18
32	32	other specified entities and by a specified date, to 19
33	33	develop standardized information explaining the rights 20
34	34	of children and young adults placed in out -of-home 21
35	35	care; requiring the department, community -based care 22
36	36	lead agencies, and other agency staff to use the 23
37	37	information provided by the ombudsman in carrying out 24
38	38	specified responsibilities; requiring the department 25
39	39
40	40	HB 563 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0563-00
46	46	Page 2 of 10
47	47	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
48	48
49	49
50	50
51	51	to establish a statewide toll -free telephone numbe r 26
52	52	for the ombudsman; requiring the department to adopt 27
53	53	rules; providing an effective date. 28
54	54	29
55	55	Be It Enacted by the Legislature of the State of Florida: 30
56	56	31
57	57	Section 1. Section 39.4085, Florida Statutes, is amended 32
58	58	to read: 33
59	59	(Substantial rewording of sec tion. See 34
60	60	s. 39.4085, F.S., for present text.) 35
61	61	39.4085 Foster Children's Bill of Rights. — 36
62	62	(1) LEGISLATIVE FINDINGS AND INTENT. — 37
63	63	(a) The Legislature finds that the design and delivery of 38
64	64	child welfare services should be directed by the principle that 39
65	65	the health and safety of children and young adults, including 40
66	66	freedom from abuse, abandonment, or neglect, is of paramount 41
67	67	concern. 42
68	68	(b) The Legislature also finds that emotional trauma, 43
69	69	separation from family, frequent changes in placement, and 44
70	70	frequent changes in school enrollment, as well as dependency 45
71	71	upon the state to make decisions regarding current and future 46
72	72	life options, may contribute to feelings of limited control over 47
73	73	life circumstances in children and young adults in out -of-home 48
74	74	care. 49
75	75	(c) Therefore, it is the intent of the Legislature to 50
76	76
77	77	HB 563 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0563-00
83	83	Page 3 of 10
84	84	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
85	85
86	86
87	87
88	88	empower these children and young adults by helping them become 51
89	89	better informed of their rights so they can become stronger 52
90	90	self-advocates. 53
91	91	(2) CONSTRUCTION.—This section may not be used for any 54
92	92	purpose in any civil or administrative action and does not 55
93	93	expand or limit any rights or remedies provided under any other 56
94	94	law. 57
95	95	(3) BILL OF RIGHTS. —Except as otherwise provided in this 58
96	96	chapter, the rights of a child or young adult placed in out -of-59
97	97	home care are: 60
98	98	(a) To live in a safe, healthful, and comfortable home 61
99	99	where he or she is treated with respect and provided with 62
100	100	healthy food, appropriate clothing, and adequate storage space 63
101	101	for personal use and where the caregiver is aware of and 64
102	102	understands the child's or young adult's history, needs, and 65
103	103	risk factors and respects his or her preferences for attending 66
104	104	religious services and activities. 67
105	105	(b) To be free from physical, sexual, emotional, or other 68
106	106	abuse or corporal punishment. This includes the child's or young 69
107	107	adult's right to be placed away from other children or young 70
108	108	adults who are known to pose a threat of harm. 71
109	109	(c) To receive medical, dental, vision, and mental health 72
110	110	services as needed; to be free of the administration of 73
111	111	psychotropic medication or chemical substances unless the 74
112	112	administration of such medication or substances is authorized by 75
113	113
114	114	HB 563 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0563-00
120	120	Page 4 of 10
121	121	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
122	122
123	123
124	124
125	125	a parent or the court; and to be free from being confined in any 76
126	126	room, building, or facility unless placed by court order in a 77
127	127	residential treatment center. 78
128	128	(d) To be able to have contact and visitation with his or 79
129	129	her parents, other family members, and fictive kin and to be 80
130	130	placed with his or her siblings or, if not placed with his or 81
131	131	her siblings, to have frequent visitation and ongoing contact 82
132	132	with his or her siblings, unless prohibited by court order; and 83
133	133	to be provided with the location of and contact information for 84
134	134	siblings and to have the court consider the appropriateness of 85
135	135	continued communication with siblings who have left care. 86
136	136	(e) To be able to contact the children's ombudsman, as 87
137	137	described in s. 39.4088, regarding violations of rights; to 88
138	138	speak to the ombudsman confidentially; and to be free from 89
139	139	threats or punishment for making complaints. 90
140	140	(f) To maintain a bank account, to work, and to manag e 91
141	141	personal income, including any allowance, consistent with his or 92
142	142	her age and developmental level, unless prohibited by the case 93
143	143	plan, and to be informed about any funds being held in the 94
144	144	master trust on behalf of the child or young adult. 95
145	145	(g) To attend school and participate in extracurricular, 96
146	146	cultural, and personal enrichment activities consistent with his 97
147	147	or her age and developmental level and to have social contact 98
148	148	with people outside of the foster care system, such as teachers, 99
149	149	church members, ment ors, and friends. 100
150	150
151	151	HB 563 2022
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0563-00
157	157	Page 5 of 10
158	158	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
159	159
160	160
161	161
162	162	(h) To attend all court hearings and address the court. 101
163	163	(i) To have fair and equal access to all available 102
164	164	services, placement, care, treatment, and benefits and to be 103
165	165	free from discrimination on the basis of race, national origin, 104
166	166	color, religion, sex, mental or physical disability, age, or 105
167	167	pregnancy. 106
168	168	(j) If he or she is 14 years of age or older or, if 107
169	169	younger, is of an appropriate age and capacity, to participate 108
170	170	in creating and reviewing his or her case plan and receive 109
171	171	information about his or her out -of-home placement and case 110
172	172	plan, including being told of changes to the plan, and to have 111
173	173	the ability to object to provisions of the case plan; and, if he 112
174	174	or she is 16 years of age or older, to provide assistance in 113
175	175	developing a transition plan. 114
176	176	(k) To participate in activities that will help develop 115
177	177	the necessary life skills to make the transition to independent 116
178	178	living and self-sufficiency as adults; and, for older youth, to 117
179	179	be informed of available independent living services and 118
180	180	community resources and how to apply for such services and 119
181	181	access resources. 120
182	182	(l) To be free from removal from an out -of-home placement 121
183	183	by the department or a community -based care lead agency unless 122
184	184	the caregiver becomes unable to care for the child or yo ung 123
185	185	adult, the child or young adult achieves permanency, or the move 124
186	186	is otherwise in the child's or young adult's best interest and, 125
187	187
188	188	HB 563 2022
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0563-00
194	194	Page 6 of 10
195	195	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
196	196
197	197
198	198
199	199	if removed, to a transition under s. 39.4023 which respects his 126
200	200	or her relationships and personal belongings. 127
201	201	(m) To have a guardian ad litem appointed to represent his 128
202	202	or her best interests and, if appropriate, to have an attorney 129
203	203	appointed to represent his or her legal interests. 130
204	204	(4) ROLES AND RESPONSIBILITIES OF THE DEPARTMENT, 131
205	205	COMMUNITY-BASED CARE LEAD AGENCIES, AND OT HER AGENCY STAFF; 132
206	206	AUTHORITY OF DISTRICT SCHOOL BOARDS. — 133
207	207	(a) The department shall operate with the understanding 134
208	208	that the rights of children and young adults in out -of-home care 135
209	209	are critical to their safety, permanency, and well -being. The 136
210	210	department shall work with all stakeholders to help such 137
211	211	children and young adults become knowledgeable about their 138
212	212	rights. 139
213	213	(b) The case manager or other agency staff shall provide 140
214	214	verbal and written instructions to a child or young adult 141
215	215	entering out-of-home care to educate the child or young adult on 142
216	216	identifying and reporting abuse, abandonment, or neglect and 143
217	217	shall explain and provide a copy of the Bill of Rights 144
218	218	established in subsection (3). The verbal and written 145
219	219	instructions and explanation must use words and phrasing that 146
220	220	the child or young adult can understand and must occur in a 147
221	221	manner that is most effective for that child or young adult. The 148
222	222	written instructions and Bill of Rights are required only if the 149
223	223	child or young adult is of a sufficient age and und erstanding to 150
224	224
225	225	HB 563 2022
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0563-00
231	231	Page 7 of 10
232	232	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
233	233
234	234
235	235
236	236	receive such instructions and rights. The case manager or other 151
237	237	agency staff shall afford each child or young adult the 152
238	238	opportunity to ask questions about his or her rights and how to 153
239	239	identify and report abuse, abandonment, or neglect. The ca se 154
240	240	manager or other agency staff shall document in court reports 155
241	241	and case notes the date that such instructions and the Bill of 156
242	242	Rights were provided to the child or young adult. The case 157
243	243	manager or other agency staff must review the information with 158
244	244	the child or young adult every 6 months and upon every placement 159
245	245	change until the he or she leaves shelter or foster care. 160
246	246	(c) District school boards are authorized and encouraged 161
247	247	to establish educational programs for students ages 5 through 18 162
248	248	years relating to identifying and reporting abuse, abandonment, 163
249	249	or neglect and understanding the effects of such abuse, 164
250	250	abandonment, or neglect on a child or young adult. The district 165
251	251	school boards may provide such programs in conjunction with the 166
252	252	youth mental health awa reness and assistance training program 167
253	253	required under s. 1012.584, any other mental health education 168
254	254	program offered by the school district, or any of the 169
255	255	educational instruction required under s. 1003.42(2). 170
256	256	(5) RULEMAKING.—The department shall adopt ru les to 171
257	257	implement this section. 172
258	258	Section 2. Section 39.4088, Florida Statutes, is created 173
259	259	to read: 174
260	260	39.4088 Children's ombudsman. —The children's ombudsman 175
261	261
262	262	HB 563 2022
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0563-00
268	268	Page 8 of 10
269	269	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
270	270
271	271
272	272
273	273	shall serve as an autonomous entity within the department for 176
274	274	the purpose of providing children an d young adults placed in 177
275	275	out-of-home care with a means to resolve issues related to their 178
276	276	care, placement, or services without fear of retribution. The 179
277	277	ombudsman must be given access to any record of a state or local 180
278	278	agency which is necessary to carry out his or her 181
279	279	responsibilities and may meet or communicate with any child or 182
280	280	young adult in the child or young adult's placement. 183
281	281	(1) GENERAL RESPONSIBILITIES OF THE OMBUDSMAN. —The 184
282	282	ombudsman shall: 185
283	283	(a) Disseminate information on the rights of children and 186
284	284	young adults in out-of-home care established under s. 39.4085 187
285	285	and the services provided by the ombudsman. 188
286	286	(b) Attempt to resolve complaints informally. 189
287	287	(c) Conduct whatever investigation he or she determines is 190
288	288	necessary to resolve a complaint. 191
289	289	(d) Update the complainant on the progress of the 192
290	290	investigation and notify the complainant of the final outcome. 193
291	291	194
292	292	The ombudsman may not investigate, challenge, or overturn a 195
293	293	court order or decision. 196
294	294	(2) DATA COLLECTION. —The ombudsman shall: 197
295	295	(a) Document the number, source, origin, location, and 198
296	296	nature of all complaints. 199
297	297	(b) Compile all data collected over the course of the 200
298	298
299	299	HB 563 2022
300	300
301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb0563-00
305	305	Page 9 of 10
306	306	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
307	307
308	308
309	309
310	310	year, including, but not limited to, the number of contacts to 201
311	311	the children's ombudsman toll -free telephone number; the number 202
312	312	of complaints made, including the type and source of those 203
313	313	complaints; the number of investigations performed by the 204
314	314	ombudsman; the trends and issues that arose in the course of 205
315	315	investigating complaints; the number of referrals made; and the 206
316	316	number of pending complaints. 207
317	317	(c) Post the compiled data on the department's website. 208
318	318	(3) DEVELOPMENT AND DISSEMINATION OF INFORMATION. — 209
319	319	(a) By January 1, 2023, the ombudsman, in consultation 210
320	320	with the department, children's advocacy and support groups, and 211
321	321	children and young adults in, or persons previously in, out -of-212
322	322	home care, shall develop standardized information explaining the 213
323	323	rights granted under s. 39.4085. The information must be age -214
324	324	appropriate, reviewed and updated by the ombudsman annually, and 215
325	325	made available through a variety of formats. 216
326	326	(b) The department, community -based care lead agencies, 217
327	327	and other agency staff must use the information provided by the 218
328	328	ombudsman to carry out their responsibilities to inform children 219
329	329	and young adults in out -of-home care of their rights pursuant to 220
330	330	the duties established under this section. 221
331	331	(c) The department shall establish a toll -free telephone 222
332	332	number for the children's ombudsman and post the number on the 223
333	333	homepage of the department's website. 224
334	334	(4) RULEMAKING.—The department shall adopt rules to 225
335	335
336	336	HB 563 2022
337	337
338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb0563-00
342	342	Page 10 of 10
343	343	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
344	344
345	345
346	346
347	347	implement this section. 226
348	348	Section 3. This act shall take effect October 1, 2022. 227