Bill Text: FL S0496 | 2020 | Regular Session | Introduced
Bill Title: Child Welfare
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2020-03-14 - Died in Appropriations Subcommittee on Health and Human Services [S0496 Detail]
Download: Florida-2020-S0496-Introduced.html
Florida Senate - 2020 SB 496 By Senator Book 32-00121B-20 2020496__ 1 A bill to be entitled 2 An act relating to child welfare; amending s. 39.4085, 3 F.S.; providing legislative findings and intent; 4 specifying the rights of children and young adults in 5 out-of-home care; providing roles and responsibilities 6 for the Department of Children and Families, 7 community-based care lead agencies, and other agency 8 staff; providing roles and responsibilities for 9 caregivers; requiring the department to adopt certain 10 rules; providing applicability; creating s. 39.4088, 11 F.S.; requiring the Florida Children’s Ombudsman to 12 serve as an autonomous entity within the department 13 for certain purposes; providing general roles and 14 responsibilities for the ombudsman; requiring the 15 ombudsman to collect certain data; requiring the 16 ombudsman, in consultation with the department and 17 other specified entities and by a specified date, to 18 develop standardized information explaining the rights 19 of children and young adults placed in out-of-home 20 care; requiring the department, community-based care 21 lead agencies, and agency staff to use the information 22 provided by the ombudsman in carrying out specified 23 responsibilities; requiring the department to 24 establish a statewide toll-free telephone number for 25 the ombudsman; requiring the department to adopt 26 certain rules; amending s. 39.6011, F.S.; requiring 27 that a case plan be developed in a face-to-face 28 conference with a caregiver of a child under certain 29 circumstances; providing additional requirements for 30 the content of a case plan; providing additional 31 requirements for a case plan when a child is 14 years 32 of age or older or is of an appropriate age and 33 capacity; requiring the department to provide a copy 34 of the case plan to the caregiver of a child placed in 35 a licensed foster home; amending s. 39.604, F.S.; 36 requiring a caseworker to provide specified 37 information relating to subsidies that early learning 38 coalitions provide to caregivers of certain children; 39 amending s. 39.701, F.S.; providing additional 40 requirements for social study reports for judicial 41 review; amending s. 409.145, F.S.; providing 42 additional requirements for caregivers; providing 43 additional requirements for records and information 44 the department and any additional providers are 45 required to make available to caregivers; amending s. 46 409.175, F.S.; providing additional requirements for 47 the licensure and operation of family foster homes, 48 residential child-caring agencies, and child-placing 49 agencies; amending s. 409.1753, F.S.; requiring a lead 50 agency, rather than the department, to provide 51 caregivers with a contact when the caseworker is 52 unavailable; amending s. 409.988, F.S.; requiring lead 53 agencies to recruit and retain foster homes; amending 54 s. 39.6013, F.S.; conforming a cross-reference; 55 providing an effective date. 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1. Section 39.4085, Florida Statutes, is amended to 60 read: 61 (Substantial rewording of section. See 62 s. 39.4085, F.S., for present text.) 63 39.4085 Foster Children’s Bill of Rights.— 64 (1) LEGISLATIVE FINDINGS AND INTENT.— 65 (a) The Legislature finds that children in, and young 66 adults leaving, out-of-home care face more developmental, 67 psychosocial, and economic challenges than their peers outside 68 of the child welfare system and are more likely to be 69 unemployed, undereducated, homeless, and dependent on public 70 assistance; and to experience early parenthood and to suffer 71 from substance abuse and mental health disorders. 72 (b) The Legislature also finds that emotional trauma, 73 separation from family, frequent changes in placement, and 74 frequent changes in school enrollment, as well as being 75 dependent on the state to make decisions regarding current and 76 future life options, may contribute to feelings of limited 77 control over life circumstances for children and young adults in 78 out-of-home care. 79 (c) The Legislature also recognizes that there are basic 80 human rights guaranteed to everyone by the United States 81 Constitution, but children and young adults in out-of-home care 82 have additional rights that they should be aware of in order to 83 better advocate for themselves. 84 (d) Therefore, it is the intent of the Legislature to 85 empower these children and young adults by helping them become 86 better informed of their rights so they can become stronger 87 self-advocates. 88 (2) BILL OF RIGHTS.—The department’s child welfare system 89 shall operate with the understanding that the rights of children 90 and young adults in out-of-home care are critical to their 91 safety, permanence, and well-being and shall work with all 92 stakeholders to help such children and young adults become 93 knowledgeable about their rights and the resources available to 94 them. A child should be able to remain in the custody of his or 95 her parents or legal custodians unless a qualified person 96 exercising competent professional judgment determines that 97 removal is necessary to protect the child’s physical, mental, or 98 emotional health or safety. Except as otherwise provided in this 99 chapter, the rights of a child placed in out-of-home care are: 100 (a) To live in a safe, healthful, and comfortable home 101 where he or she is treated with respect and provided with 102 healthful food, appropriate clothing, and adequate storage space 103 for personal use and where the caregiver is aware of and 104 understands the child’s history, needs, and risk factors and 105 respects the child’s preferences for attending religious 106 services and activities. 107 (b) To be free from physical, sexual, emotional, or other 108 abuse or corporal punishment. This includes the right to be 109 placed away from other children or young adults who are known to 110 pose a threat of harm to him or her because of his or her own 111 risk factors or those of the other child or young adult. 112 (c) To receive medical, dental, vision, and mental health 113 services, as needed; to be free of the administration of 114 psychotropic medication or chemical substances unless authorized 115 by a parent or the court; and to not be locked in any room, 116 building, or facility unless placed in a residential treatment 117 center by court order. 118 (d) To be able to have contact and visitation with his or 119 her parents, other family members, and fictive kin and to be 120 placed with his or her siblings and, if not placed together with 121 his or her siblings, to have frequent visitation and ongoing 122 contact with his or her siblings, unless prohibited by court 123 order. 124 (e) To be able to contact the Florida Children’s Ombudsman, 125 as described in s. 39.4088, regarding violations of rights; to 126 speak to the ombudsman confidentially; and to be free from 127 threats or punishment for making complaints. 128 (f) To maintain a bank account and manage personal income, 129 consistent with his or her age and developmental level, unless 130 prohibited by the case plan, and to be informed about any funds 131 being held in the master trust on behalf of the child. 132 (g) To attend school and participate in extracurricular, 133 cultural, and personal enrichment activities consistent with his 134 or her age and developmental level and to have social contact 135 with people outside of the foster care system, such as teachers, 136 church members, mentors, and friends. 137 (h) To attend independent living program classes and 138 activities if he or she meets the age requirements and to work 139 and develop job skills at an age-appropriate level that is 140 consistent with state law. 141 (i) To attend all court hearings and address the court. 142 (j) To have fair and equal access to all available 143 services, placement, care, treatment, and benefits, and to not 144 be subjected to discrimination on the basis of race, national 145 origin, color, religion, sex, mental or physical disability, 146 age, or pregnancy. 147 (k) If he or she is 14 years of age or older or, if 148 younger, is of an appropriate age and capacity, to participate 149 in creating and reviewing his or her case plan, to receive 150 information about his or her out-of-home placement and case 151 plan, including being told of changes to the plan, and to have 152 the ability to object to provisions of the case plan. 153 (l) If he or she is 16 years of age or older, to have 154 access to existing information regarding the educational and 155 financial assistance options available to him or her, including, 156 but not limited to, the coursework necessary for vocational and 157 postsecondary educational programs, postsecondary educational 158 services and support, the Keys to Independence program, and the 159 tuition waiver available under s. 1009.25. 160 (m) To not be removed from an out-of-home placement by the 161 department or a community-based care lead agency unless the 162 caregiver becomes unable to care for the child, the child 163 achieves permanency, or the move is otherwise in the child’s 164 best interest and, if moved, the right to a transition that 165 respects his or her relationships and personal belongings under 166 s. 409.145. 167 (n) To have a guardian ad litem appointed to represent his 168 or her best interests and, if appropriate, an attorney appointed 169 to represent his or her legal interests. 170 (3) ROLES AND RESPONSIBILITIES OF THE DEPARTMENT, 171 COMMUNITY-BASED CARE LEAD AGENCIES, AND OTHER AGENCY STAFF.— 172 (a) The department shall develop training related to the 173 rights of children and young adults in out-of-home care under 174 this section. All child protective investigators, case managers, 175 and other appropriate staff must complete annual training 176 relating to these rights. 177 (b) The department shall provide a copy of this bill of 178 rights to all children and young adults entering out-of-home 179 care, and the department shall explain the bill of rights to the 180 child or young adult in a manner the child or young adult can 181 understand. Such explanation must occur in a manner that is the 182 most effective for each individual and must use words and 183 terminology that make sense to the child or young adult. If a 184 child or young adult has cognitive, physical, or behavioral 185 challenges that would prevent him or her from fully 186 comprehending the bill of rights as presented, such information 187 must be documented in the case record. 188 (c) The caseworker or other appropriate agency staff shall 189 document in court reports and case notes the date he or she 190 reviewed the bill of rights in age-appropriate language with the 191 foster child or young adult. 192 (d) The bill of rights must be reviewed with the child or 193 young adult by appropriate staff upon entry into out-of-home 194 care and must be subsequently reviewed with the child or young 195 adult every 6 months until the child leaves care and upon every 196 change in placement. Each child or young adult must be given the 197 opportunity to ask questions about any of the rights that he or 198 she does not clearly understand. 199 (e) Facilities licensed to care for six or more children 200 and young adults in out-of-home care must post information about 201 the rights of these individuals in a prominent place in the 202 facility. 203 (4) ROLES AND RESPONSIBILITIES OF CAREGIVERS.—All 204 caregivers must ensure that a child or young adult in their care 205 is aware of and understands his or her rights under this section 206 and must assist the child or young adult in contacting the 207 Florida Children’s Ombudsman, if necessary. 208 (5) RULEMAKING.—The department shall adopt rules to 209 implement this section. 210 (6) APPLICABILITY.—This section may not be used for any 211 purpose in any civil or administrative action and does not 212 expand or limit any rights or remedies provided under any other 213 law. 214 Section 2. Section 39.4088, Florida Statutes, is created to 215 read: 216 39.4088 Florida Children’s Ombudsman.—The Florida 217 Children’s Ombudsman shall serve as an autonomous entity within 218 the department for the purpose of providing children and young 219 adults who are placed in out-of-home care with a means to 220 resolve issues related to their care, placement, or services 221 without fear of retribution. The ombudsman shall have access to 222 any record of a state or local agency which is necessary to 223 carry out his or her responsibilities and may meet or 224 communicate with any child or young adult in the child or young 225 adult’s placement or elsewhere. 226 (1) GENERAL ROLES AND RESPONSIBILITIES OF THE OMBUDSMAN. 227 The ombudsman shall: 228 (a) Disseminate information on the rights of children and 229 young adults in out-of-home care under s. 39.4085 and the 230 services provided by the ombudsman. 231 (b) Attempt to resolve a complaint informally. 232 (c) Conduct whatever investigation he or she determines is 233 necessary to resolve a complaint. 234 (d) Update the complainant on the progress of the 235 investigation and notify the complainant of the final outcome. 236 237 The ombudsman may not investigate, challenge, or overturn court 238 ordered decisions. 239 (2) DATA COLLECTION.—The ombudsman shall: 240 (a) Document the number, source, origin, location, and 241 nature of all complaints. 242 (b) Compile all data collected over the course of the year, 243 including, but not limited to, the number of contacts to the 244 toll-free telephone number; the number of complaints made, 245 including the type and source of those complaints; the number of 246 investigations performed by the ombudsman; the trends and issues 247 that arose in the course of investigating complaints; the number 248 of referrals made; and the number of pending complaints. 249 (c) Post the compiled data on the department’s website. 250 (3) DEVELOPMENT AND DISSEMINATION OF INFORMATION.— 251 (a) By January 1, 2021, the ombudsman, in consultation with 252 the department, children’s advocacy and support groups, and 253 current or former children and young adults in out-of-home care, 254 shall develop standardized information explaining the rights 255 granted under s. 39.4085. The information must be age 256 appropriate, reviewed and updated by the ombudsman annually, and 257 made available through a variety of formats. 258 (b) The department, community-based care lead agencies, and 259 other agency staff must use the information provided by the 260 ombudsman to carry out their responsibilities to inform children 261 and young adults in out-of-home care of their rights pursuant to 262 the duties established under s. 409.145. 263 (c) The department shall establish a statewide toll-free 264 telephone number for the ombudsman and post the number on the 265 homepage of the department’s website. 266 (4) RULEMAKING.—The department shall adopt rules to 267 implement this section. 268 Section 3. Present subsections (4) through (9) of section 269 39.6011, Florida Statutes, are redesignated as subsections (5) 270 through (10), respectively, paragraph (a) of subsection (1) and 271 paragraph (c) of present subsection (7) of that section are 272 amended, paragraph (f) is added to subsection (2) of that 273 section, and a new subsection (4) is added to that section, to 274 read: 275 39.6011 Case plan development.— 276 (1) The department shall prepare a draft of the case plan 277 for each child receiving services under this chapter. A parent 278 of a child may not be threatened or coerced with the loss of 279 custody or parental rights for failing to admit in the case plan 280 of abusing, neglecting, or abandoning a child. Participating in 281 the development of a case plan is not an admission to any 282 allegation of abuse, abandonment, or neglect, and it is not a 283 consent to a finding of dependency or termination of parental 284 rights. The case plan shall be developed subject to the 285 following requirements: 286 (a) The case plan must be developed in a face-to-face 287 conference with the parent of the child, any court-appointed 288 guardian ad litem, and, if appropriate, the child and the 289 temporary custodian or caregiver of the child. 290 (2) The case plan must be written simply and clearly in 291 English and, if English is not the principal language of the 292 child’s parent, to the extent possible in the parent’s principal 293 language. Each case plan must contain: 294 (f) If the child has attained 14 years of age or is 295 otherwise of an appropriate age and capacity: 296 1. A document that describes the rights of the child under 297 s. 39.4085 and the right to be provided with the documents 298 pursuant to s. 39.701. 299 2. A signed acknowledgment by the child or young adult, or 300 the caregiver if the child is too young or otherwise unable to 301 sign, that the child has been provided with a copy of the 302 document and that the rights contained in the document have been 303 explained to the child in a way that the child understands. 304 3. Documentation that a consumer credit report for the 305 child was requested from all three credit reporting agencies 306 pursuant to federal law at no charge to the child and that any 307 results were provided to the child. The case plan must include 308 documentation of any barriers to obtaining the credit reports. 309 If the consumer credit report reveals any accounts, the case 310 plan must detail how the department ensured the child received 311 assistance with interpreting the credit report and resolving any 312 inaccuracies, including any referrals made for such assistance. 313 (4) If the child has attained 14 years of age or, if 314 younger, is of an appropriate age and capacity, the child must: 315 (a) Be consulted on the development of the case plan; have 316 the opportunity to attend a face-to-face conference, if 317 appropriate; have the opportunity to express a placement 318 preference; and have the option to choose two members for the 319 case planning team who are not a foster parent or caseworker for 320 the child. 321 1. An individual selected by a child to be a member of the 322 case planning team may be rejected at any time if there is good 323 cause to believe that the individual would not act in the best 324 interest of the child. One individual selected by a child to be 325 a member of the child’s case planning team may be designated to 326 act as the child’s advisor and, as necessary, advocate with 327 respect to the application of the reasonable and prudent parent 328 standard to the child. 329 2. The child may not be included in any aspect of case plan 330 development if information could be revealed or discussed which 331 is of a nature that would best be presented to the child in a 332 therapeutic setting. 333 (b) Sign the case plan, unless there is reason to waive the 334 child’s signature. 335 (c) Receive an explanation of the provisions of the case 336 plan from the department. 337 (d) After the case plan is agreed on and signed by all 338 parties, and after jurisdiction attaches and the case plan is 339 filed with the court, be provided a copy of the case plan within 340 72 hours before the disposition hearing. 341 (8)(7)After the case plan has been developed, the 342 department shall adhere to the following procedural 343 requirements: 344 (c) After the case plan has been agreed upon and signed by 345 the parties, a copy of the plan must be given immediately to the 346 parties, including the child if appropriate, the caregiver if 347 the child is placed in a licensed foster home, and to other 348 persons as directed by the court. 349 1. A case plan must be prepared, but need not be submitted 350 to the court, for a child who will be in care no longer than 30 351 days unless that child is placed in out-of-home care a second 352 time within a 12-month period. 353 2. In each case in which a child has been placed in out-of 354 home care, a case plan must be prepared within 60 days after the 355 department removes the child from the home and shall be 356 submitted to the court before the disposition hearing for the 357 court to review and approve. 358 3. After jurisdiction attaches, all case plans must be 359 filed with the court, and a copy provided to all the parties 360 whose whereabouts are known, not less than 3 business days 361 before the disposition hearing. The department shall file with 362 the court, and provide copies to the parties, all case plans 363 prepared before jurisdiction of the court attached. 364 Section 4. Paragraph (c) is added to subsection (3) of 365 section 39.604, Florida Statutes, to read: 366 39.604 Rilya Wilson Act; short title; legislative intent; 367 child care; early education; preschool.— 368 (3) REQUIREMENTS.— 369 (c) For children placed in a licensed foster home and who 370 are required to be enrolled in an early education or a child 371 care program under this section, the caseworker shall inform the 372 caregiver of the amount of the subsidy provided by an early 373 learning coalition, that this amount may not be sufficient to 374 pay the full cost of the services, and that the caregiver will 375 be responsible for paying the difference between the subsidy and 376 the full cost charged by the early education or child care 377 program. 378 Section 5. Paragraph (a) of subsection (2) and paragraph 379 (a) of subsection (3) of section 39.701, Florida Statutes, are 380 amended to read: 381 39.701 Judicial review.— 382 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 383 AGE.— 384 (a) Social study report for judicial review.—Before every 385 judicial review hearing or citizen review panel hearing, the 386 social service agency shall make an investigation and social 387 study concerning all pertinent details relating to the child and 388 shall furnish to the court or citizen review panel a written 389 report that includes, but is not limited to: 390 1. A description of the type of placement the child is in 391 at the time of the hearing, including the safety of the child 392 and the continuing necessity for and appropriateness of the 393 placement. 394 2. Documentation of the diligent efforts made by all 395 parties to the case plan to comply with each applicable 396 provision of the plan. 397 3. The amount of fees assessed and collected during the 398 period of time being reported. 399 4. The services provided to the foster family or legal 400 custodian in an effort to address the needs of the child as 401 indicated in the case plan. 402 5. A statement that either: 403 a. The parent, though able to do so, did not comply 404 substantially with the case plan, and the agency 405 recommendations; 406 b. The parent did substantially comply with the case plan; 407 or 408 c. The parent has partially complied with the case plan, 409 with a summary of additional progress needed and the agency 410 recommendations. 411 6. A statement from the foster parent or legal custodian 412 providing any material evidence concerning the return of the 413 child to the parent or parents. 414 7. A statement concerning the frequency, duration, and 415 results of the parent-child visitation, if any, and the agency 416 recommendations for an expansion or restriction of future 417 visitation. 418 8. The number of times a child has been removed from his or 419 her home and placed elsewhere, the number and types of 420 placements that have occurred, and the reason for the changes in 421 placement. 422 9. The number of times a child’s educational placement has 423 been changed, the number and types of educational placements 424 which have occurred, and the reason for any change in placement. 425 10. If the child has reached 13 years of age but is not yet 426 18 years of age, a statement from the caregiver on the progress 427 the child has made in acquiring independent living skills. 428 11. Copies of all medical, psychological, and educational 429 records that support the terms of the case plan and that have 430 been produced concerning the parents or any caregiver since the 431 last judicial review hearing. 432 12. Copies of the child’s current health, mental health, 433 and education records as identified in s. 39.6012. 434 13. Documentation that the Foster Children’s Bill of 435 Rights, as described in s. 39.4085, has been provided to and 436 reviewed with the child. 437 14. A signed acknowledgment by the child, or the caregiver 438 if the child is too young or otherwise unable to sign, stating 439 that the child has been provided an explanation of the rights 440 under s. 39.4085. 441 (3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.— 442 (a) In addition to the review and report required under 443 paragraphs (1)(a) and (2)(a), respectively, the court shall hold 444 a judicial review hearing within 90 days after a child’s 17th 445 birthday. The court shall also issue an order, separate from the 446 order on judicial review, that the disability of nonage of the 447 child has been removed pursuant to ss. 743.044, 743.045, 448 743.046, and 743.047, and for any of these disabilities that the 449 court finds is in the child’s best interest to remove. The court 450 shall continue to hold timely judicial review hearings. If 451 necessary, the court may review the status of the child more 452 frequently during the year before the child’s 18th birthday. At 453 each review hearing held under this subsection, in addition to 454 any information or report provided to the court by the foster 455 parent, legal custodian, or guardian ad litem, the child shall 456 be given the opportunity to address the court with any 457 information relevant to the child’s best interest, particularly 458 in relation to independent living transition services. The 459 department shall include in the social study report for judicial 460 review written verification that the child has: 461 1. A current Medicaid card and all necessary information 462 concerning the Medicaid program sufficient to prepare the child 463 to apply for coverage upon reaching the age of 18, if such 464 application is appropriate. 465 2. A certified copy of the child’s birth certificate and, 466 if the child does not have a valid driver license, a Florida 467 identification card issued under s. 322.051. 468 3. A social security card and information relating to 469 social security insurance benefits if the child is eligible for 470 those benefits. If the child has received such benefits and they 471 are being held in trust for the child, a full accounting of 472 these funds must be provided and the child must be informed as 473 to how to access those funds. 474 4. All relevant information related to the Road-to 475 Independence Program, including, but not limited to, eligibility 476 requirements, information on participation, and assistance in 477 gaining admission to the program. If the child is eligible for 478 the Road-to-Independence Program, he or she must be advised that 479 he or she may continue to reside with the licensed family home 480 or group care provider with whom the child was residing at the 481 time the child attained his or her 18th birthday, in another 482 licensed family home, or with a group care provider arranged by 483 the department. 484 5. An open bank account or the identification necessary to 485 open a bank account and to acquire essential banking and 486 budgeting skills. 487 6. Information on public assistance and how to apply for 488 public assistance. 489 7. A clear understanding of where he or she will be living 490 on his or her 18th birthday, how living expenses will be paid, 491 and the educational program or school in which he or she will be 492 enrolled. 493 8. Information related to the ability of the child to 494 remain in care until he or she reaches 21 years of age under s. 495 39.013. 496 9. A letter providing the dates that the child is under the 497 jurisdiction of the court. 498 10. A letter stating that the child is in compliance with 499 financial aid documentation requirements. 500 11. The child’s educational records. 501 12. The child’s entire health and mental health records. 502 13. The process for accessing his or her case file. 503 14. A statement encouraging the child to attend all 504 judicial review hearings occurring after the child’s 17th 505 birthday. 506 15. Information on how to obtain a driver license or 507 learner’s driver license. 508 16. Been provided with the Foster Children’s Bill of 509 Rights, as described in s. 39.0485, and that the rights have 510 been reviewed with the child. 511 17. Signed an acknowledgment stating that he or she has 512 been provided an explanation of the rights or, if the child is 513 too young or otherwise unable to sign, that such acknowledgment 514 has been signed by the child’s caregiver. 515 Section 6. Paragraphs (a) and (d) of subsection (2) of 516 section 409.145, Florida Statutes, are amended to read: 517 409.145 Care of children; quality parenting; “reasonable 518 and prudent parent” standard.—The child welfare system of the 519 department shall operate as a coordinated community-based system 520 of care which empowers all caregivers for children in foster 521 care to provide quality parenting, including approving or 522 disapproving a child’s participation in activities based on the 523 caregiver’s assessment using the “reasonable and prudent parent” 524 standard. 525 (2) QUALITY PARENTING.—A child in foster care shall be 526 placed only with a caregiver who has the ability to care for the 527 child, is willing to accept responsibility for providing care, 528 and is willing and able to learn about and be respectful of the 529 child’s culture, religion and ethnicity, special physical or 530 psychological needs, any circumstances unique to the child, and 531 family relationships. The department, the community-based care 532 lead agency, and other agencies shall provide such caregiver 533 with all available information necessary to assist the caregiver 534 in determining whether he or she is able to appropriately care 535 for a particular child. 536 (a) Roles and responsibilities of caregivers.—A caregiver 537 shall: 538 1. Participate in developing the case plan for the child 539 and his or her family and work with others involved in his or 540 her care to implement this plan. This participation includes the 541 caregiver’s involvement in all team meetings or court hearings 542 related to the child’s care. 543 2. Complete all training needed to improve skills in 544 parenting a child who has experienced trauma due to neglect, 545 abuse, or separation from home, to meet the child’s special 546 needs, and to work effectively with child welfare agencies, the 547 court, the schools, and other community and governmental 548 agencies. 549 3. Respect and support the child’s ties to members of his 550 or her biological family and assist the child in maintaining 551 allowable visitation and other forms of communication. 552 4. Effectively advocate for the child in the caregiver’s 553 care with the child welfare system, the court, and community 554 agencies, including the school, child care, health and mental 555 health providers, and employers. 556 5. Participate fully in the child’s medical, psychological, 557 and dental care as the caregiver would for his or her biological 558 child. 559 6. Support the child’s educational success by participating 560 in activities and meetings associated with the child’s school or 561 other educational setting, including Individual Education Plan 562 meetings and meetings with an educational surrogate if one has 563 been appointed, assisting with assignments, supporting tutoring 564 programs, and encouraging the child’s participation in 565 extracurricular activities. 566 a. Maintaining educational stability for a child while in 567 out-of-home care by allowing the child to remain in the school 568 or educational setting that he or she attended before entry into 569 out-of-home care is the first priority, unless not in the best 570 interest of the child. 571 b. If it is not in the best interest of the child to remain 572 in his or her school or educational setting upon entry into out 573 of-home care, the caregiver must work with the case manager, 574 guardian ad litem, teachers and guidance counselors, and 575 educational surrogate if one has been appointed to determine the 576 best educational setting for the child. Such setting may include 577 a public school that is not the school of origin, a private 578 school pursuant to s. 1002.42, a virtual instruction program 579 pursuant to s. 1002.45, or a home education program pursuant to 580 s. 1002.41. 581 7. Work in partnership with other stakeholders to obtain 582 and maintain records that are important to the child’s well 583 being, including child resource records, medical records, school 584 records, photographs, and records of special events and 585 achievements. 586 8. Ensure that the child in the caregiver’s care who is 587 between 13 and 17 years of age learns and masters independent 588 living skills. 589 9. Ensure that the child in the caregiver’s care is aware 590 of the requirements and benefits of the Road-to-Independence 591 Program. 592 10. Work to enable the child in the caregiver’s care to 593 establish and maintain naturally occurring mentoring 594 relationships. 595 11. Pay the difference between the subsidy from an early 596 learning coalition and the full cost charged by an early 597 education or child care program. 598 12. Ensure that the child in the caregiver’s care is aware 599 of and understands his or her rights under s. 39.4085. 600 13. Assist the child in contacting the Florida Children’s 601 Ombudsman, if necessary. 602 (d) Information sharing.—Whenever a foster home or 603 residential group home assumes responsibility for the care of a 604 child, the department and any additional providers shall make 605 available to the caregiver as soon as is practicable all 606 relevant information concerning the child. Records and 607 information that are required to be shared with caregivers 608 include, but are not limited to: 609 1. Medical, dental, psychological, psychiatric, and 610 behavioral history, as well as ongoing evaluation or treatment 611 needs or treatment plans and information on how the caregiver 612 can support any treatment plan within the foster home; 613 2. School records; 614 3. Copies of his or her birth certificate and, if 615 appropriate, immigration status documents; 616 4. Consents signed by parents; 617 5. Comprehensive behavioral assessments and other social 618 assessments and information on how the caregiver can manage any 619 behavioral issues; 620 6. Court orders; 621 7. Visitation and case plans; 622 8. Guardian ad litem reports; 623 9. Staffing forms; and 624 10. Judicial or citizen review panel reports and 625 attachments filed with the court, except confidential medical, 626 psychiatric, and psychological information regarding any party 627 or participant other than the child. 628 Section 7. Paragraph (b) of subsection (5) of section 629 409.175, Florida Statutes, is amended to read: 630 409.175 Licensure of family foster homes, residential 631 child-caring agencies, and child-placing agencies; public 632 records exemption.— 633 (5) The department shall adopt and amend rules for the 634 levels of licensed care associated with the licensure of family 635 foster homes, residential child-caring agencies, and child 636 placing agencies. The rules may include criteria to approve 637 waivers to licensing requirements when applying for a child 638 specific license. 639 (b) The requirements for licensure and operation of family 640 foster homes, residential child-caring agencies, and child 641 placing agencies shall include: 642 1. The operation, conduct, and maintenance of these homes 643 and agencies and the responsibility which they assume for 644 children served and the evidence of need for that service. 645 2. The provision of food, clothing, educational 646 opportunities, services, equipment, and individual supplies to 647 assure the healthy physical, emotional, and mental development 648 of the children served. 649 3. The appropriateness, safety, cleanliness, and general 650 adequacy of the premises, including fire prevention and health 651 standards, to provide for the physical comfort, care, and well 652 being of the children served. 653 4. The ratio of staff to children required to provide 654 adequate care and supervision of the children served and, in the 655 case of family foster homes, the maximum number of children in 656 the home. 657 5. The good moral character based upon screening, 658 education, training, and experience requirements for personnel 659 and family foster homes. 660 6. The department may grant exemptions from 661 disqualification from working with children or the 662 developmentally disabled as provided in s. 435.07. 663 7. The provision of preservice and inservice training for 664 all foster parents and agency staff. 665 8. Satisfactory evidence of financial ability to provide 666 care for the children in compliance with licensing requirements. 667 9. The maintenance by the agency of records pertaining to 668 admission, progress, health, and discharge of children served, 669 including written case plans and reports to the department. 670 10. The provision for parental involvement to encourage 671 preservation and strengthening of a child’s relationship with 672 the family. 673 11. The transportation safety of children served. 674 12. The provisions for safeguarding the cultural, 675 religious, and ethnic values of a child. 676 13. Provisions to safeguard the legal rights of children 677 served, as well as rights of children established under s. 678 39.4085. 679 Section 8. Section 409.1753, Florida Statutes, is amended 680 to read: 681 409.1753 Foster care; duties.—The department shall ensure 682 that each lead agency provides, within each district,each 683 foster home withis givena telephone number for the foster 684 parent to call during normal working hours whenever immediate 685 assistance is needed and the child’s caseworker is unavailable. 686 This number must be staffed and answered by individuals 687 possessing the knowledge and authority necessary to assist 688 foster parents. 689 Section 9. Paragraph (l) is added to subsection (1) of 690 section 409.988, Florida Statutes, to read: 691 409.988 Lead agency duties; general provisions.— 692 (1) DUTIES.—A lead agency: 693 (l) Shall recruit and retain foster homes. In performing 694 such duty, a lead agency shall: 695 1. Develop a plan to recruit and retain foster homes using 696 best practices identified by the department and specify how the 697 lead agency complies with s. 409.1753. 698 2. Annually submit such plan to the department for 699 approval. 700 3. Provide to the department a quarterly report detailing 701 the number of licensed foster homes and beds and occupancy rate. 702 4. Conduct exit interviews with foster parents who 703 voluntarily give up their license to determine the reasons for 704 giving up their license and identify suggestions for how to 705 better recruit and retain foster homes, and provide a quarterly 706 summary of such interviews to the department. 707 Section 10. Subsection (8) of section 39.6013, Florida 708 Statutes, is amended to read: 709 39.6013 Case plan amendments.— 710 (8) Amendments must include service interventions that are 711 the least intrusive into the life of the parent and child, must 712 focus on clearly defined objectives, and must provide the most 713 efficient path to quick reunification or permanent placement 714 given the circumstances of the case and the child’s need for 715 safe and proper care. A copy of the amended plan must be 716 immediately given to the persons identified in s. 39.6011(8)(c) 717s. 39.6011(7)(c). 718 Section 11. This act shall take effect October 1, 2020.