09/08/14 DCF is in the process of drafting rules and related forms for Extended Foster Care, Postsecondary Educational Support Services/Education Training Vouchers.
The draft rules and forms have not yet been officially promulgated pursuant to the formal rule making process, but you can review the current drafts here. Extended Foster Care here. Postsecondary Educational Support Services and ETV can be viewed here.
08/07/14 Lawyers Representing Children Now Have a Single Guide to Help them Identify Training and Resources.
A Training Consortium lead by the Public Interest Law Section of the Florida Bar has compiled this resource to assist lawyers in obtaining the training and resources they need to successfully represent children. To view the curriculum click here.
07/03/14 The Rilya Wilson Act requiring young children in the custody of the state or under protective supervision to attend early education (child care) was updated by SB166. DCF recently issued a policy memo on the changes to law and rules
Fla. Stat. §39.605(3) was amended to require attendance, not just enrollment, for children from birth to school age. Previous law required enrollment starting at age 3. Additionally, DCF amended Fla. Admin. Code 65C-13.030 to set an order of priority for the selection of the child care setting for children in licensed out of home care. To read the memo click here.
06/26/14 New research Report: Foster Kids in Limbo: The Effects of the Interstate Compact on Children in Foster care
Prof. Vivek S. Sankaran prepared this report for the Annie E. Casey Foundation. The report examines data on implementation and problem areas with ICPC. To the read the report click here.
06/11/14 Several new measures passed in the 2014 Legislative Session that will substantially affect the child welfare system.
To view a summary of the major changes you can review a presentation prepared by Stephen Pennypacker, former Asst. Secretary of DCF, now CEO of the Partnership for Strong Families click here.
06/10/14 Students in Unique Situations: Tips for Completing the Free Application for Federal Student AId (FAFSA)
This tip sheet answers questions on the 2014-2015 FAFSA that may cause difficulty in unique situations, and specifically addresses To read the tip sheet, click here. students in foster care.
06/09/14 Duval County's first in Florida "Girls Court" is opened to address the special needs of girls facing juvenile charges.
In collaboration with Judge David Gooding, Family Support Services, the Dept. of Juvenile Justice, the State Attorney's Office and the Public Defender's Office, the Delores Barr Policy Center is working to create Duval County's first Girls Court. Girls Court is a specialized form of juvenile court that links girls who are facing criminal charges with community based organizations,like the Delores Barr weaver Policy Center, in an effort to reduce girl's recidivism and detention. Expected outcomes include reduced days in detention, reduced court orders, and reduced violations of probation.
06/01/14 The Child Welfare League of America and Lamda Legal Publication Getting Down to Basics, offers Tools to Support LGBTQ Youth in Care for Attorneys, Guardians Ad Litem and Advocates Representing LGBTQ Youth
If you advocate for young people in the child welfare and juvenile justice systems, you work with young people who are lesbian, gay, bisexual, transgender or questioning their sexual orientation or gender identity (LGBTQ). This publication helps lawyers and youth advocates develop an understanding of the unique issues faced by these clients and cultivate advocacy strategies that are sensitive to their needs. To download it click here. Or to read online click here.
06/01/14 The Keys to Independence (HB 977) Bill was enacted to help foster youth obtain driver's licenses and insurance
Less than 3% of youth in foster care obtain a driver's license. This has a negative impact on their ability to become fully independent, work and get their education. The Keys to Independence Bill, crafted by the Guardian Ad Litem Program and supported by Florida Youth SHINE and sponsored by Senator Detert and Representative Albritton addresses the barriers faced by many youth. It gives priority to foster youth in enrolling in high school driver's ed class, and creates a pilot project to fund the cost of a learner's permit, driver's license and help with car insurance. To the read the bill click here.
06/01/14 EPSDT - A Guide for States provides comprehensive information about the extent of Medicaid coverage available to children and adolescents.
The EPSDT benefit is more robust than the Medicaid benefit for adults and is designed to assure that children receive early detection and care, so that health problems are averted or diagnosed and treated as early as possible. The goal of EPSDT is to assure that individual children get the health care they need when they need it. This federal guidance is an essential tool for attorneys and judges seeking to ensure that children and young adults receive e right care to the right child at the right time in the right setting. To the read the guide click here.
05/30/14 The Keeping IDs Safe K.I.D.S. Act was enacted to help protect minors from identity theft.
Children in state care are very vulnerable to identity theft. The Keeping IDs Safe - K.I.D.S. Act is intended to afford some protection to all minors and incapacitated persons. Senate Bill 242 was sponsored by Representative Fitzenhagen and Senator Detert and supported by the Guardian Ad Litem Program and Florida Youth SHINE. The law allows a guardian or other advocate to place a security freeze on the child's consumer report. A security freeze prohibits a consumer reporting agency from releasing information to a third party without authorization. That in turn prevents the third party from obtaining credit in the child's name. To read the bill click here.
05/30/14 The GAO issued two federal reports on topics of concern to child welfare: Psychotropic Medications & Managed Care and Implementation of the Fostering Connections Act
To read the GAO Report on Psychotropic Medications click here. To read the GAO Report FOSTER CARE: HHS Needs to Improve Oversight of Fostering Connections Act Implementation click here.
05/20/14 The Florida Legislature enacted HB 561 which requires the appointment of compensated counsel for dependent children with one of 5 categories of special needs.
On July 1st, Florida Statute 39.01305 will go into effect requiring the appointment of a lawyer for dependent children who fall into one or more of the following categories: victims of human trafficking, in or facing placement in Residential Treatment, in or facing placement in a nursing home, declines to assent to psychotropic medication, and has a diagnosis of developmental disability. To read the bill, click here.
01/01/14 Medicaid is now available up to age 26 to young adults who were in state care and receiving Medicaid when they turned 18.
The Affordable Care Act extends Medicaid to ALL young adults who were in state care (licensed, relative and non-relative) and receiving Medicaid at age 18. Application should be made through Florida's ACCESS. See this flyer for details. click here.
01/01/14 Fostering Higher Education Success: Tuition & Fee Exemption for Florida's Foster Youth, An Examination of the Efficacy of Existing Barriers to Usage, and Recommendations for Reform.
This white paper examines the history of Florida's offer of free tuition to former foster youth. It documents the low rate of usage of this important benefit, details barriers, and offers suggestions for increasing usage. To read the white paper click here.
01/01/14 Extended Foster Care Implementation: In the absence of promulgated rules, practitioners can obtain guidance on the Center for Child Welfare website.
DCF is still in the process of promulgating the rules that apply to extended foster care. In the meantime, it has posted several items on a dedicated page. click here.
06/25/13 Florida's Children First issues overview of how 2013 legislative changes will affect Florida's child welfare system and a Quick & Dirty FAQ.
Florida's Independent Living program will undergo substantial changes in the coming year. This overview is intended to help young people and child welfare staff understand what changes are coming and who will be affected. A separate "Quick and Dirty" Frequently Asked Questions document provides initial answers the common concerns. To read the FAQ click here. To read the Overview click here.
06/19/13 Attorney / Client Privelege. 3d DCA held that a child's attorney could not be compelled to disclose the client's whereabouts when that information was provided by the client in a privileged communication
The 3d DCA quashed the trial court's order compelling the attorney for a dependent child to disclose the child's whereabouts. The court found that the existing exceptions to the attorney-client privilege did not apply and that the trial court could not carve out a dependency or "danger to himself exception to the privilege. To read the opinion click here.
05/28/13 The Florida Supreme Court Adopted Amendments to the Rules of Juvenile Procedure Effective July 1, 2013
The new and revised rules adopted pursuant to the 3 year cycle for Juvenile Rules include a number of changes to rules affecting both delinquency and dependency proceedings. This order creates a new rule concerning civil contempt in dependency. It substantially revises provisions on determining parenthood, conducting supplemental findings hearings and how to withdraw as counsel. To read the Amendments click here.
05/01/13 Florida Legislature enacts The Nancy C. Detert Common Sense and Compassion Independent Living Act which extends foster care to age 21.
If signed by the Governor, Florida will join the ranks of the states who support former foster youth by offering extended care up to age 21 (22 for young adults with disabilities). This bill substantially revises the pre-independent and independent living services that must by offered to children in care and young adults who aged out of care. To read the bill. click here.
04/04/13 A Voice Heard: Building Trust and Hope, the Guardian Ad Litem Program's 2013 Status Report
This report reflects the Guardian Ad Litem Program's findings that "[T]hrough transportation of abused and neglected children . . . Guardian ad Litem volunteers across the State of Florida have strengthened their bonds with dependent children and touched their lives in a way that is priceless and often, profound. The first A Voice Heard report, published in February 2012, presented a call for normalcy through the words of children in the dependency system. The 2012 Florida Legislature heard those voices, and unanimously enacted legislation to permit Guardian ad Litem volunteers to transport children whom they serve. This report documents the results of this action, from the perspective of both the children and the Guardians ad Litem." To read the report. click here.
02/01/13 Judge Hanzman Issues Order Specifying the Procedures to be Followed in Preparing Suitability Assessments for Dependent Children Being Reviewed for State Inpatient Psychiatric Program.
Concerned that youth before him were inappropriately denied mental health services, Judge Hanzman (Miami-Dade) conducted a hearing concerning the process used to obtain the "suitability assessments" that are a pre-requisite to Medicaid coverage of residential treatment. The order reviews the applicable law, then contrasts the SIPP process "in theory" and "in practice." The order then delineates the process that must be followed in the preparation of suitability assessments. To read the Order click here.
01/30/13 GAO Finds That While States Use Flexible Federal Funds, They Still Struggle to Meet Service Needs.
The Government Accounting Office studied how selected states, including Florida, use the flexible funding offered under Title IV-B of the Social Security Act. It looked at how the states use the the funds, what alternative federal funds states use, and what services child welfare agencies have difficulty securing for children. The report notes that child welfare agencies face a variety of challenges that make it difficult for them to secure services. To read the Report click here.
01/28/13 The "Quality Parenting for Children in Foster Care Act" (HB 215) was signed by the Governor on April 11, 2013.
The legislation amends Chapters 39 and 409 to codify the expectation that foster parents and other caregivers operate under a "reasonable and prudent parent" standard when they make day-to-day decisions for children in foster care. Among other things, the bill will empower caregivers to approve or disapprove a child's participation in activities without prior approval and staffings when activities are normal activities. In a separate provision, it will change the standard for reunification to "best interests" when a parent has completed a case plan but the child is residing with the other parent. To read the bill click here.
01/09/13 "Protect Our Kids Act" Creates National Commission to Study and Develop Strategies to End Child Abuse and Neglect Deaths.
H.R. 6655, An Act to Protect our Kids was signed into law on January 9, 2013. The Act creates a new, two-year national commission to develop a comprehensive strategy for reducing child deaths due to abuse and neglect.
01/02/13 Adoptive Parents with Tax Liability will be Eligible for Tax Credits in 2013 and Going Forward.
The American Taxpayer Relief Act of 2012 made the adoption tax credit permanent. Unfortunately it did not make the adoption credit refundable, so it will only benefit those adoptive families who have federal income tax liability. The North American Council on Adoptable Children recommends that persons who adopted in 2012 submit a Form 8839 with their 2012 taxes even if they do not have tax liability. Although they will not receive an adoption credit refund with their 2012 taxes, the credit can be carried forward up to five additional years. Families might benefit later if either their tax situation changes or the credit is made refundable in the future, and then won't have to amend their 2012 taxes. For more information click here
01/01/13 Children who have been Sexually Exploited are Provided Additional Protections under Florida's new Safe Harbor Law.
Florida's Safe Harbor Law is intended to ensure that victims of sexual exploitation are treated like victims, not criminals, and that they receive appropriate assessment and services. A provision of the Act, newly created Ch. 39.524 requires that dependent children who are victims of sexual exploitation be evaluated for placement in a safe house. Results of a "safe-harbor placement assessment" must be included in judicial reviews.
01/01/13 Congress Passes Bill to Amend FERPA In Order to Improve Educational Outcomes of Youth in Foster Care
The Uninterrupted Scholars Act (S. 3472), awaiting the President's signature, amends the Family Educational Rights and Privacy Act (FERPA, P.L. 93-380) to ensure child welfare agencies can access school records of students in foster care. Access to educational records will help students recoup lost credits, speed their timely transfer to new schools and will give social workers and administrators a more complete picture of academic success to guide decisions about the child's well-being. At the same time, the bill preserves educational privacy rights of students and parents as FERPA intends.
12/31/12 GAO Issues Report "Children's Mental Health: Concerns Remain about Appropriate Services for Children in Medicaid and Foster Care."
GAO undertook the study to address concerns that children with mental health conditions do not always receive appropriate treatment. The report notes that HHS's Administration for Children and Families (ACF) reported that 18 percent of foster children were taking psychotropic medications at the time they were surveyed, although utilization varied widely by the child's living arrangement. ACF also reported that 30 percent of foster children who may have needed mental health services did not receive them in the previous 12 months. To read the report click here.
12/31/12 DCF Issues the 2012 Report of the Independent Living Services Advisory Council
"The charge of the Independent Living Services Advisory Council is to review and make recommendations concerning the implementation and operation of the independent living transition services. . . . In August 2012, Secretary David Wilkins appointed 18 new members to the Independent Living Services Advisory Council. . . . These professionals and individuals appointed by Secretary Wilkins in September 2012 [are] reviewing the implementation and operation of the independent living transition services, identifying areas of success and acknowledging barriers." To read the report click here.