CS/CS/HB 1101 2023
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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
A bill to be entitled 1
An act relating to education for children and young 2
adults in out-of-home care; amending s. 39.4085, F.S.; 3
requiring a case manager or other staff member to 4
provide a child with verbal and written information 5
about certain topics; removing limitations on the type 6
of questions a child may ask; establishing the Office 7
of the Children's Ombudsman within the Department of 8
Children and Families; specifying responsi bilities of 9
the office; requiring the department to consult with 10
specified children and young adults when creating or 11
revising certain print or digital written information; 12
conforming provisions to changes made by the act; 13
providing an effective date. 14
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Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Paragraph (a) of subsection (3) of section 18
39.4085, Florida Statutes, is amended, and subsections (4) and 19
(5) are added to that section, to read: 20
39.4085 Goals for dependent chi ldren; responsibilities; 21
education; Office of the Children's Ombudsman .— 22
(3)(a) The case manager or other staff shall provide , at a 23
minimum, verbal and written: 24
1. Instructions to a child entering shelter or foster care 25
CS/CS/HB 1101 2023
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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
to educate the child on identify ing and reporting abuse, 26
abandonment, or neglect. 27
2. Information to a child about laws and requirements 28
relating to the topics of nurturing care, personal safety, and 29
protection from abuse, abandonment, and neglect; normalcy and 30
what that means for a chi ld in out-of-home care; education; 31
participation in court proceedings; participation in permanency 32
planning, transition planning, and other case planning; 33
placement, visitation, and contact with siblings, family, and 34
other individuals who are important to the child; and access to 35
food, clothing, shelter, and health care. 36
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The verbal and written instructions and information must use 38
words and phrasing that each child can understand and must occur 39
in a manner that is most effective for each child. The written 40
instructions and information are only required if the child is 41
of a sufficient age and understanding to receive such 42
instructions and information. The case manager or other staff 43
must give each child the opportunity to ask questions about his 44
or her rights and how to identify and report abuse, abandonment, 45
or neglect. The case manager or other staff shall document in 46
court reports and case notes the date the instructions and 47
information were was provided to the child. The case manager or 48
other staff must review the instructions and information with 49
the child every 6 months and upon every placement change until 50
CS/CS/HB 1101 2023
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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
the child leaves shelter or foster care. 51
(4) The Office of the Children's Ombudsman is established 52
within the department. To the extent permitted b y available 53
resources, the office shall, at a minimum: 54
(a) Receive complaints from children and young adults 55
about placement, care, and services and assist in mediating such 56
concerns. 57
(b) Be a resource to identify and explain relevant polices 58
or procedures to children, young adults, and their caregivers. 59
(c) Provide recommendations to the department to address 60
systemic problems that are leading to complaints from children 61
and young adults. 62
(5) The department shall consult with children and young 63
adults who are currently or have formerly been in out -of-home 64
care when creating or revising any print or digital written 65
information used in implementing this section and use any 66
responses or feedback to ensure that such print or digital 67
written information is understandable by and appropriate and 68
useful for the children and young adults of the ages for which 69
such print or digital written information is intended. 70
Section 2. This act shall take effect July 1, 2023. 71