This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1101.CFS
DATE: 3/24/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1101 Education for Children and Young Adults in Out-of-home Care
SPONSOR(S): Tramont
TIED BILLS: IDEN./SIM. BILLS: SB 272
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee Brazzell Brazzell
2) Health Care Appropriations Subcommittee
3) Health & Human Services Committee
SUMMARY ANALYSIS
The U.S. and Florida Constitutions provide rights to individuals, including children in foster care, as do certain
federal and state laws. Examples include basic rights and a right to privacy under Article I, §2 and Article I,
§23 of the Florida Constitution, the right to high quality education under Article IX of the Florida Constitution,
and due process rights under the U.S. Constitution. Courts have found that foster children have a constitutional
right to be free from unnecessary pain and a fundamental right to physical safety.
Section 39.4085, F.S., sets forth goals
1
for the delivery of services to children in shelter or foster care,
including that services should be directed by the principle that the health and safety of children should be of
paramount concern. So that children in foster care gain information useful during their time in care about these
rights and goals and address concerns related to them, for example:
DCF has created materials to inform children in foster care.
Case managers or other staff to provide verbal and written instructions to a child entering shelter or
foster care in an understandable manner on how to identify and report child abuse, abandonment, or
neglect. The case manager or other staff must review this information with a child every six months
and upon every placement change until the child leaves shelter or foster care. The case manager
must document in court reports and case notes the date the child received the information.
The Florida Children’s Ombudsman offers help to children by receiving complaints about placement,
care, and services, while assisting in mediating those concerns. The Ombudsman is also a resource
to identify and explain relevant polices or procedures to children, young adults, and their caregivers.
HB 1101 creates requirements for DCF to work with children and young adults in out-of-home care to ensure
they receive rights-related education on topics including:
Safety
Education
Placement, visitation, and contact with siblings, family, and other important persons
Court participation
Participation in permanency planning, transition planning, and other case planning
Access to food, clothing, shelter, and health care
The topic of normalcy and what that means for children and young adults in out-of-home care
The bill also establishes the Office of the Ombudsperson and specifies responsibilities.
HB 1101 has a significant negative fiscal impact on the Department of Children and Families and no fiscal
impact on local governments.
The bill provides an effective date of July 1, 2023.
STORAGE NAME: h1101.CFS PAGE: 2
DATE: 3/24/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Department of Children and Families
The mission of the Department of Children and Families (DCF) is to work in partnership with local
communities to protect the vulnerable, promote strong and economically self-sufficient families, and
advance personal and family recovery and resiliency.
2
Under s. 20.19(4), F.S., DCF must provide services relating to:
Adult protection.
Child care regulation.
Child welfare.
Domestic violence.
Economic self-sufficiency.
Homelessness.
Mental health.
Refugees.
Substance abuse.
DCF must also deliver services by contract through private providers to the extent allowed by law and
funding.
3
These private providers include community based care lead agencies (CBCs) delivering child
welfare services and managing entities (MEs) delivering behavioral health services.
Florida’s Child Welfare System
Chapter 39, F.S., creates the dependency system charged with protecting child welfare. Florida’s
dependency system identifies children and families in need of services through reports to the central
abuse hotline and child protective investigations. DCF and the 18 CBCs throughout Florida
4
work with
those families to address the problems endangering children, if possible. If the problems are not
addressed, the child welfare system finds safe out-of-home placements for these children.
DCF’s practice model is based on the safety of the child within the home by using in-home services,
such as parenting coaching and counseling, to maintain and strengthen that child’s natural supports in
his or her environment.
DCF contracts with CBCs for case management, out-of-home services, and related services. The
outsourced provision of child welfare services is intended to increase local community ownership of
service delivery and design. CBCs contract with a number of subcontractors for case management and
direct care services to children and their families.
DCF remains responsible for a number of child welfare functions, including operating the central abuse
hotline, performing child protective investigations, and providing children’s legal services.
5
Ultimately,
DCF is responsible for program oversight and the overall performance of the child welfare system.
6
Rights of and Goals for Delivery of Services to Children in Foster Care
2
S. 20.19(1), F.S.
3
Id.
4
These 18 CBCs together serve the state’s 20 judicial circuits.
5
Ch. 39, F.S.
6
Id. STORAGE NAME: h1101.CFS PAGE: 3
DATE: 3/24/2023
The U.S. and Florida Constitutions provide rights to individuals, including children in foster care, as do
certain federal and state laws. Examples include basic rights and a right to privacy under Article I, §2
and Article I, §23 of the Florida Constitution, the right to high quality education under Article IX of the
Florida Constitution, and due process rights under the U.S. Constitution.
When a state takes a child into custody, it accepts responsibility for the child’s safety.
7
Courts have
found that foster children have a constitutional right to be free from unnecessary pain and a
fundamental right to physical safety.
8
When a state fails to meet that obligation, it deprives the child of a
liberty interest under the Fourteenth Amendment.
9
Section 39.4085, F.S., sets forth goals
10
for the delivery of services to children in shelter or foster care,
including that services should be directed by the principle that the health and safety of children should
be of paramount concern and children in shelter or foster care should:
Receive a copy of these goals and have the goals fully explained to them when they are placed
in the custody of DCF.
Enjoy individual dignity, liberty, pursuit of happiness, and the protection of their civil and legal
rights as a person while in the custody of the state.
Have their privacy protected, have their personal belongings secure and transported with them,
and unless otherwise ordered by the court, have uncensored communication, including
receiving and sending unopened communications and having access to a telephone.
Have personnel providing services who are sufficiently qualified and experienced to assess risk
children face prior to removal from their home and to meet the needs of the children once they
are in DCF’s custody.
Remain in the custody of their parents or legal custodians unless and until there has been a
determination by a qualified person exercising competent professional judgment that removal is
necessary to protect their physical, mental, or emotional health or safety.
Have a full risk, health, educational, medical, and psychological screening, and, if needed,
assessment and testing upon adjudication into foster care; and to have their photograph and
fingerprints included in their case management file.
Be referred to and receive services, including necessary medical, emotional, psychological,
psychiatric, and educational evaluations and treatment, as soon as practicable after
identification of the need for such services by the screening and assessment process.
Be placed in a home with no more than one other child, unless part of a sibling group.
Be placed away from other children known to pose a threat of harm to them, either because of
their own risk factors or those of the other child.
Be placed in a home where the shelter or foster caregiver is aware of and understands the
child’s history, needs, and risk factors.
Be the subject of a plan developed by the counselor and the shelter or foster caregiver to deal
with identified behaviors that may present a risk to the child or others.
Be involved and incorporated, where appropriate, in the development of the case plan, to have
a case plan that will address their specific needs, and to object to any of the provisions in the
case plan.
Receive meaningful case management and planning that will quickly return the child to the
family or move the child on to other forms of permanency.
Receive regular communication with a case manager, at least once a month, which includes
meetings with the child alone and conferring with the caregiver.
Enjoy regular visitation, at least once a week, with their siblings unless the court orders
otherwise.
Enjoy regular visitation with parents, at least once a month, unless the court orders otherwise.
7
Ray v. Foltz, 370 F.3d 1079, 1082 (11
th
Cir. 2004)(citing Taylor v. Ledbetter, 818 F.2d 791-95 (11
th
Cir. 1987).
8
Id.
9
Id.
10
The provisions in S. 39.4085, F.S., establish goals, not rights. The section does not require the delivery of any particular service or
level of service in excess of existing appropriations. A person does not have a cause of action against the state or any of its
subdivisions, agencies, contractors, subcontractors, or agents, based upon the adoption of or failure to provide adequate funding for the
achievement of these goals by the Legislature. The section does not require the expenditure of funds to meet the goals except funds
specifically appropriated for such purpose. STORAGE NAME: h1101.CFS PAGE: 4
DATE: 3/24/2023
Receive a free and appropriate education, minimal disruption to their education, and retention in
their home school, if appropriate; referral to the child study team; all special educational
services, including, where appropriate, the appointment of a parent surrogate; the sharing of all
necessary information between the school board and DCF, including information on attendance
and educational progress.
Be able to raise grievances with DCF over the care they are receiving from their caregivers,
case managers, or other service providers.
Be heard by the court, if appropriate, at all review hearings.
Have a guardian ad litem appointed to represent, within reason, their best interests and, where
appropriate, an attorney ad litem appointed to represent their legal interests. Their guardian ad
litem and attorney ad litem must have immediate and unlimited access to the children they
represent.
Have all their records available for review by their guardian ad litem and attorney ad litem if they
deem such review is necessary.
Organize as a group for purposes of ensuring they receive the services and living conditions to
which they are entitled and to provide support for one another while in DCF’s custody.
Be afforded prompt access to all available state and federal programs.
In accordance with s. 39.4091, F.S., caregivers for children in out-of-home care must use the
“reasonable and prudent parent standard”. This means that the caregiver must use sensible parental
decision-making that maintains the child’s health, safety, and best interests while at the same time
encourages the child’s emotional and developmental growth when determining whether to allow a child
in out-of-home care to participate in extracurricular, enrichment, and social activities.
11
Public Law 113-183, Preventing Sex Trafficking and Strengthening Families Act, requires that, as part
of case planning beginning at age 14, children in foster care must be given a document describing their
rights with respect to safety, exploitation, education, health, visitation, and court participation. They
must also be informed of their rights to be provided certain specific documents such as copies of
consumer credit reports. Children are to sign an acknowledgement that they received these
documents.
12
DCF created a 5-page brochure that outlines these expectations and describes the services of the
Children’s Ombudsman.
13
Education and Information about Key Topics for Children in the Child Welfare System
Section 39.4085, F.S., requires that the design and delivery of child welfare services must be directed
by the principle that the health and safety of children, including the freedom from abuse, abandonment,
or neglect, is of paramount concern. DCF is to operate with the understanding that the rights of children
in shelter or foster care are critical to their safety, permanency, and well-being and to work with all
stakeholders to help such children become knowledgeable about their rights.
Case managers or other staff must provide verbal and written instructions to a child entering shelter or
foster care in an understandable manner on how to identify and report child abuse, abandonment, or
neglect. The case manager or other staff must review this information with a child every six months and
upon every placement change until the child leaves shelter or foster care. The case manager must
document in court reports and case notes the date the child received the information.
Florida Children’s Ombudsman
11
Florida Department of Children and Families, CFOP 170-11, Ch. 6 (Sept. 2020),
https://www.myflfamilies.com/resources/policies-procedures/cfop-170-11-placement
12
Florida Department of Children and Families, 2021 Agency Bill Analysis for HB 1093 (March 7, 2021).
13
Florida Department of Children and Families, Youth in Foster Care,
https://www.myflfamilies.com/sites/default/files/2022-12/10-28-Foster-Expectations.pdf (accessed March 22, 2023). STORAGE NAME: h1101.CFS PAGE: 5
DATE: 3/24/2023
In September of 2016, the Department created an Ombudsman position which operates within the
Office of Child and Family Wellbeing. The position was designed with the intent to listen and be a voice
for children and youth involved in the child welfare system. The Ombudsman receives complaints about
placement, care, and services, while assisting in mediating those concerns. The Ombudsman is a
resource to identify and explain relevant polices or procedures to children, young adults, and their
caregivers. The current Ombudsman responds to 450 cases on average each year. Although the
Ombudsman is an important piece of the larger child welfare system, this team currently consists of
one Ombudsman who serves mostly as a resource for information to the population they serve. As
currently structured, the Ombudsman is not responsible for onsite investigations, reaching complaint
resolution, or coordination with Lead Agencies, case workers, or the guardian ad litem.
The Department currently operates a webpage that explains the Ombudsman’s role and displays a toll-
free number and email address to be used for children and young adults in out-of-home care who may
have questions, concerns, or complaints.
Rule 65C-46.003(5)(d), F.A.C., requires all licensed residential group homes (child-caring agencies) to
have written and posted grievance procedures which allow children in care or others to make
complaints without fear of retaliation. This includes the requirement for group homes to post the phone
number of the Department’s Ombudsman (1-844-KIDS-FLA) in areas frequented by children and where
they can read it without scrutiny.
14
Effect of Proposed Changes
The bill creates s. 39.4084, F.S., and provides for legislative intent that the Legislature recognizes that
children and young adults best advocate for themselves when they are aware of the laws that impact
them, acknowledges the complexity of Chapter 39 and subsequent child welfare laws in Florida, and
expresses the need for an Ombudsperson for youth in out-of-home care. This section also specifies
that this section of law does not create a civil or administrative cause of action and does not expand or
limit the rights, protections, or remedies provided under any other law.
The bill requires DCF to work with all stakeholders to ensure proper rights-related education of children
and young adults in out-of-home care. This education shall include, but is not limited to:
Safety
Education
Placement, visitation, and contact with siblings, family, and other important persons
Court participation
Participation in permanency planning, transition planning, and other case planning
Access to food, clothing, shelter, and health care
The topic of normalcy and what that means for children and young adults in out-of-home care
The bill further requires case managers, child protective investigators (CPI), and other staff to provide
this population with the educational material produced by the Office, information about the Office,
discuss in an age-appropriate way their rights and recourse if they feel their rights have been violated
and provide opportunity for questions. The case manager, CPI, or other staff shall document in court
reports and case notes the date this discussion occurred. This must be done every six months, or after
every placement change, until the children exit out-of-home care. After every placement change, the
caregiver must be provided a written copy of the child’s rights and protections. A facility licensed to care
for six or more children or young adults in out-of-home care shall post materials provided by the Office
in a prominent place in the facility.
The bill also establishes the Office of the Ombudsperson. The Office must be operational by
September 1, 2023, to serve as an autonomous entity within the Department to assist children and
young adults in out-of-home care with resolving issues related to their rights. The Office will oversee a
resolution process, create and disseminate educational material, and ensure this population is
14
Department of Children and Families, Agency Analysis for 2023 HB 1101, p. 3 (March 1, 2023) STORAGE NAME: h1101.CFS PAGE: 6
DATE: 3/24/2023
educated about their rights. By January 30, 2024, the Office shall distribute standardized information to
the Department and stakeholders regarding training and other processes necessary to comply with
requirements of the section.
The duties of the Office include:
Establishing a process to receive, process, and resolve complaints.
Educating children and young adults in out-of-home care about their rights and the purpose of
the Office.
Creating standardized material related to a child’s rights, relevant protections, and benefits that
must be updated annually to reflect changes to statute or rule. These materials must be
developed in consultation with the Department, children’s advocacy and support organizations,
and those who were, or are, in out-of-home care.
Providing all educational material to the courts, community-based care lead agencies and their
subcontracted providers, case workers, guardians ad litem and program, and others as needed.
Maintaining a publicly available website that contains contact information, outreach efforts,
information about services, and educational material.
Conducting inquiries and review of relevant records and information deemed necessary for
investigations.
Developing and facilitating training for certain child welfare professionals. All case managers,
child protective investigators, and other appropriate staff must complete annual training relating
to such rights and protections.
The Office may access all relevant materials maintained by the Department or its contracted and
subcontracted providers in relation to complaint investigations. With the child or young adult’s
permission, the Office may work in conjunction with these entities to resolve complaints.
The bill requires the Office to submit a report to the President of the Senate, Speaker of the House of
Representatives, and the department annually beginning on July 30, 2024; it must also be posted on
the Office’s website. The report must include an analysis of the data collected, policy changes, and
recommendations consistent with such data. The data elements that must be included are:
Number of contacts with the Office by children and young adults in out-of-home care.
Number of complaints made, including type and source of complaint.
Number of investigations.
Complaint satisfaction and resolution.
Issues that arose during investigations and any trends associated with those issues.
Number of referrals to services.
Number of pending complaints.
The Office must also monitor the distribution of educational material and periodically survey
stakeholders to evaluate and improve upon duties.
The bill directs DCF to adopt rules to implement the section.
B. SECTION DIRECTORY:
Section 1: creating s. 39.4084, F.S., relating to education for children and young adults in out-of-home
care.
Section 2: providing an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
STORAGE NAME: h1101.CFS PAGE: 7
DATE: 3/24/2023
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
DCF projects needing 12 additional FTE for the Office of the Ombudsperson to carry out the
additional duties under the bill. The fiscal impact projected to be $1,171,768 in recurring funding
and $315,100 in nonrecurring funding, for a total fiscal impact of $1,486,868.
B. FISCAL IMPACT ON LOCAL GOV ERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill directs DCF to adopt rules.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The newly-created statute duplicates some language already in s. 39.4085, F.S.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES