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House Bill hb0853

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    Florida House of Representatives - 2002                 HB 853

        By Representatives Lerner, Rich, Jordan, Garcia, Mahon,
    Heyman and Barreiro





  1                      A bill to be entitled

  2         An act relating to foster care; amending s.

  3         39.812, F.S.; specifying the circumstances

  4         under which the Department of Children and

  5         Family Services may remove a child from a

  6         foster home after denying the foster parent's

  7         application for adoption; providing legislative

  8         findings and intent regarding the role of

  9         foster parents as participants in the state's

10         child welfare system; creating s. 409.1684,

11         F.S.; creating the "Foster Parent Act";

12         specifying responsibilities of the department

13         with respect to foster parents; specifying

14         rights and responsibilities of foster parents;

15         requiring the department and agencies providing

16         foster care services under contract with the

17         department to prepare an annual plan for

18         implementation of the act; providing an

19         effective date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Subsection (4) of section 39.812, Florida

24  Statutes, is amended to read:

25         39.812  Postdisposition relief; petition for

26  adoption.--

27         (4)  The court shall retain jurisdiction over any child

28  placed in the custody of the department until the child is

29  adopted. After custody of a child for subsequent adoption has

30  been given to the department, the court has jurisdiction for

31  the purpose of reviewing the status of the child and the

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    Florida House of Representatives - 2002                 HB 853

    778-118A-02






  1  progress being made toward permanent adoptive placement. As

  2  part of this continuing jurisdiction, for good cause shown by

  3  the guardian ad litem for the child, the court may review the

  4  appropriateness of the adoptive placement of the child. When a

  5  licensed foster parent has applied to adopt a foster child who

  6  has resided with the foster parent for at least 6 months and

  7  who has previously been permanently committed to the legal

  8  custody of the department and the department does not grant

  9  the application to adopt, the department may not, in the

10  absence of a prior court order authorizing it to do so, remove

11  the child from the foster home, except when:

12         (a)  There is probable cause to believe that the child

13  is at imminent risk of abuse or neglect;

14         (b)  Thirty days have expired following written notice

15  to the foster parent of the denial of the application to

16  adopt, within which period no formal challenge of the

17  department's decision has been filed; or

18         (c)  The foster parent agrees to the child's removal.

19         Section 2.  Legislative findings and intent.--

20         (1)  Family foster care is an essential service for

21  children and their families who have been separated due to

22  child abuse, neglect, or dependency. When children have been

23  separated from their families, it is the responsibility of the

24  Department of Children and Family Services, its service

25  providers, and other participants in the child welfare system

26  to respond to the needs of the children and their families, by

27  means which shall include:

28         (a)  Providing protection and nurture to children in a

29  safe, healthy environment.

30

31

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    Florida House of Representatives - 2002                 HB 853

    778-118A-02






  1         (b)  Meeting the developmental and emotional needs of

  2  the children, including maintaining and promoting the child's

  3  emotional attachment to his or her own family.

  4         (c)  Protecting and promoting the child's cultural

  5  identity and heritage.

  6         (d)  Working toward permanency for the children by

  7  connecting them to safe, nurturing relationships intended to

  8  last a lifetime, preferably with their own family.

  9         (2)  Foster parents are an essential part of and

10  fulfill an integral role in the child welfare system, along

11  with children in care who are old enough to participate in

12  planning and services, parents of children in care,

13  caseworkers, and other professionals serving the child and

14  family. By providing care for children and supporting the

15  attachment of children to their families in a manner sensitive

16  to each child's and family's unique needs, the foster parent

17  serves the child, the family, and the community.

18         (3)  In order to successfully fulfill their role,

19  foster parents must be committed to the goals for dependent

20  children provided in s. 39.4085, Florida Statutes, and must

21  provide care to children and promote the best interests of the

22  children and families served. In order to achieve these goals,

23  foster parents must understand and be sensitive to issues of

24  culture, ethnicity, and religion, and the children's

25  connection with their families, and must maintain a level of

26  care, conduct, and demeanor that is consistent with the high

27  professional ethics demanded of all others serving children in

28  the child welfare system.

29         (4)  The Legislature finds that there is a need to

30  establish public policy regarding the role of foster parents.

31  The Legislature intends by enactment of s. 409.1684, Florida

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    Florida House of Representatives - 2002                 HB 853

    778-118A-02






  1  Statutes, to provide a statement of foster parents' rights and

  2  responsibilities, which shall apply to all foster parents in

  3  the state, whether supervised by the Department of Children

  4  and Family Services or by another agency under contract to the

  5  department to provide foster care services.

  6         Section 3.  Section 409.1684, Florida Statutes, is

  7  created to read:

  8         409.1684 Foster parent rights and responsibilities.--

  9         (1)  SHORT TITLE.--This section may be cited as the

10  "Foster Parent Act."

11         (2)  RESPONSIBILITIES OF DEPARTMENT OF CHILDREN AND

12  FAMILY SERVICES TO A FOSTER PARENT.--The responsibilities of

13  the Department of Children and Family Services to a foster

14  parent include, but are not limited to, the following:

15         (a)  Treating a foster parent with dignity, respect,

16  and consideration as a professional participant in the child

17  welfare system.

18         (b)  Giving a foster parent standardized preservice

19  training and appropriate ongoing training to meet mutually

20  assessed needs and improve the foster parent's skills.

21         (c)  Informing a foster parent as to how to contact the

22  appropriate child-placing agency in order to receive

23  information and assistance to access supportive services for

24  children in the foster parent's care.

25         (d)  Providing a foster parent with timely financial

26  reimbursement commensurate with the care needs of the child,

27  as specified in a contract.

28         (e)  Providing a foster parent with a clear, written

29  understanding of a placement agency's plan concerning the

30  placement of a child in the foster parent's home. Inherent in

31  this right is the foster parent's responsibility to support

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    Florida House of Representatives - 2002                 HB 853

    778-118A-02






  1  activities that will promote the child's right to

  2  relationships with his or her own family and cultural

  3  heritage.

  4         (f)  Providing to a foster parent a fair, timely, and

  5  impartial investigation of complaints concerning the foster

  6  parent's licensure, the opportunity to have a person of the

  7  foster parent's choosing present during the investigation, and

  8  due process during the investigation; the right to request and

  9  receive mediation or an administrative review, or both, of

10  decisions that affect licensing parameters; and the right to

11  have decisions concerning a licensing corrective action plan

12  specifically explained and tied to the licensing standards

13  violated.

14         (g)  Providing to a foster parent at any time during

15  which a child is placed with the foster parent additional or

16  necessary information that is relevant to the care of the

17  child.

18         (h)  Notifying a foster parent of scheduled meetings

19  and staff briefings concerning the foster child in order to

20  include the foster parent in actively participating in the

21  case planning and decisionmaking process regarding the child,

22  including individual service planning meetings, administrative

23  case reviews, interdisciplinary staff briefings, and

24  individual educational planning meetings; the right to be

25  informed of decisions made by the courts, or the department or

26  its service providers, concerning the child; the right to

27  provide input concerning the plan of services for the child

28  and to have that input given full consideration in the same

29  manner as information presented by any other professional

30  participant in the child welfare system; and the right to

31  communicate with other professionals who work with the foster

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    Florida House of Representatives - 2002                 HB 853

    778-118A-02






  1  child within the context of the provision of services to

  2  dependent children, including therapists, physicians, and

  3  teachers.

  4         (i)  Providing to a foster parent, in a timely and

  5  consistent manner, any information a caseworker or other

  6  service provider has regarding the child and the child's

  7  family which is pertinent to the care and needs of the child

  8  and to making a permanency plan for the child. Disclosure of

  9  information concerning the child's family shall be limited to

10  information that is essential for understanding the needs of

11  and providing care to the child, in order to protect the

12  rights of the child's family. When a positive relationship

13  exists between the foster parent and the child's family, the

14  child's family may consent to disclosure of additional

15  information.

16         (j)  Providing to a foster parent reasonable written

17  notice of:

18         1.  Any change in a child's case plan, and the reasons

19  for the change.

20         2.  Plans to terminate the placement of the child with

21  the foster parent, and the reasons for the termination in

22  placement.

23

24  Such notice shall be waived only in cases of a court order or

25  when the child is determined to be at imminent risk of harm.

26         (k)  Notifying a foster parent in a timely and complete

27  manner of all court hearings, including notice of the date and

28  time of the hearing, the name of the judge or hearing officer

29  hearing the case, the location of the hearing, and the court

30  docket number of the case.

31

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    Florida House of Representatives - 2002                 HB 853

    778-118A-02






  1         (l)  Considering a foster parent as a placement option

  2  when a foster child who was formerly placed with the foster

  3  parent is to reenter foster care, if that placement is

  4  consistent with the best interest of the child and other

  5  children in the family foster home.

  6         (m)  Providing to a foster parent timely access to the

  7  child-placing agency's existing appeals process and the right

  8  to be free from acts of harassment and retaliation by any

  9  other party when exercising the right to appeal.

10         (n)  Informing a foster parent of the rights accorded

11  to foster parents concerning reports of misconduct by

12  department employees, service providers, or contractors, and

13  the investigation and confidential handling of such reports.

14         (3)  RESPONSIBILITIES OF FOSTER PARENTS.--A foster

15  parent's responsibilities include, but are not limited to, the

16  following:

17         (a)  The responsibility to openly communicate and share

18  information about the child with other participants in the

19  child welfare system.

20         (b) The responsibility to respect the confidentiality

21  of information concerning foster children and their families

22  and to act appropriately within applicable confidentiality

23  laws and rules.

24         (c)  The responsibility to advocate for children in the

25  foster parent's care.

26         (d)  The responsibility to treat children in the foster

27  parent's care and the children's families with dignity,

28  respect, and consideration.

29         (e)  The responsibility to recognize the foster

30  parent's own individual and familial strengths and limitations

31  when deciding whether to accept a child into care; and the

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    Florida House of Representatives - 2002                 HB 853

    778-118A-02






  1  responsibility to recognize the foster parent's own support

  2  needs and utilize appropriate supports in providing care for

  3  foster children.

  4         (f)  The responsibility to be aware of the benefits of

  5  relying on and affiliating with other foster parents and

  6  foster parent associations in improving the quality of care

  7  and service to children and families.

  8         (g)  The responsibility to assess the foster parent's

  9  ongoing individual training needs and take action to meet

10  those needs.

11         (h)  The responsibility to develop and assist in

12  implementing strategies to prevent placement disruptions,

13  recognizing the traumatic impact of placement disruptions on a

14  foster child and all members of the foster family; and the

15  responsibility to provide emotional support for the foster

16  children and members of the foster family if preventive

17  strategies fail and placement disruptions occur.

18         (i)  The responsibility to know the impact foster

19  parenting has on individuals and family relationships; and the

20  responsibility to endeavor to minimize, as much as possible,

21  any stress that results from foster parenting.

22         (j)  The responsibility to know the rewards and

23  benefits to children, parents, families, and society that come

24  from foster parenting and to promote the foster parenting

25  experience in a positive way.

26         (k)  The responsibility to know the roles, rights, and

27  responsibilities of foster parents, other professional

28  participants in the child welfare system, the foster child,

29  and the foster child's own family.

30         (l)  The responsibility to know and, as necessary,

31  fulfill the foster parent's responsibility to serve as a

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    Florida House of Representatives - 2002                 HB 853

    778-118A-02






  1  mandated reporter of suspected child abuse, abandonment, or

  2  neglect under s. 39.201; and the responsibility to know the

  3  department's policy regarding allegations that a foster parent

  4  has committed child abuse, abandonment, or neglect, and the

  5  applicable administrative rules and procedures governing

  6  investigations of those allegations.

  7         (m)  The responsibility to know and receive training

  8  regarding the purpose of administrative case reviews, case

  9  plans, and court processes, as well as any filing or time

10  requirements associated with those proceedings; and the

11  responsibility to actively participate in the foster parent's

12  designated role in these proceedings.

13         (n)  The responsibility to know the department's appeal

14  procedure for foster parents and the rights of foster parents

15  under the procedure.

16         (o)  The responsibility to know and understand the

17  importance of maintaining accurate and relevant records

18  regarding the child's history and progress, and the

19  responsibility to be aware of and follow the procedures and

20  rules of the department.

21         (p)  The responsibility to share information, through

22  the department, its service providers, or other participants

23  in the child welfare system, with the subsequent caregiver,

24  whether the child's parent or another caregiver, regarding the

25  child's adjustment in the family foster home.

26         (q)  The responsibility to provide care and services

27  that are respectful of and responsive to the child's cultural

28  needs and are supportive of the relationship between the child

29  and his or her own family; the responsibility to recognize the

30  increased importance of maintaining a child's cultural

31  identity when the race or culture of the foster family differs

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    Florida House of Representatives - 2002                 HB 853

    778-118A-02
 

 

 

  1  from that of the foster child; and the responsibility to take

  2  action to address these issues.

  3         (4)  IMPLEMENTATION; ANNUAL PLAN.--The department and

  4  each agency providing foster care services under contract with

  5  the department shall be responsible for implementing this

  6  section and shall annually, by January 1, prepare a plan

  7  providing for implementation of this section in each of the

  8  department's service districts. The plans shall be submitted

  9  to foster parents for comment.

10         Section 4.  This act shall take effect upon becoming a

11  law.

12

13            *****************************************

14                          HOUSE SUMMARY

15
      Specifies the circumstances under which the Department of
16    Children and Family Services may remove a child from a
      foster home after denying the foster parent's application
17    for adoption. Provides legislative findings and intent
      regarding the role of foster parents as participants in
18    the child welfare system. Creates the "Foster Parent
      Act." Specifies responsibilities of the department with
19    respect to foster parents and specifies the rights and
      responsibilities of foster parents. Requires the
20    department and each agency providing foster care services
      under contract with the department to implement the act
21    and prepare an annual plan for implementation in the
      department's service districts.
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