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04/04/13
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A Voice Heard: Building Trust and Hope, the Guardian Ad Litem Program's 2013 Status Report
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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.
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02/01/13
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Judge Hanzman Issues Order Specifying the Procedures to be Followed in Preparing Suitability Assessments for Dependent Children Being Reviewed for State Inpatient Psychiatric Program.
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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.
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01/30/13
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GAO Finds That While States Use Flexible Federal Funds, They Still Struggle to Meet Service Needs.
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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.
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01/28/13
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The "Quality Parenting for Children in Foster Care Act" (HB 215) was signed by the Governor on April 11, 2013.
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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.
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01/09/13
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"Protect Our Kids Act" Creates National Commission to Study and Develop Strategies to End Child Abuse and Neglect Deaths.
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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.
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01/02/13
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Adoptive Parents with Tax Liability will be Eligible for Tax Credits in 2013 and Going Forward.
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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
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01/01/13
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Children who have been Sexually Exploited are Provided Additional Protections under Florida's new Safe Harbor Law.
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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.
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01/01/13
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Congress Passes Bill to Amend FERPA In Order to Improve Educational Outcomes of Youth in Foster Care
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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.
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12/31/12
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GAO Issues Report "Children's Mental Health: Concerns Remain about Appropriate Services for Children in Medicaid and Foster Care."
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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.
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12/31/12
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DCF Issues the 2012 Report of the Independent Living Services Advisory Council
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"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.
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10/31/12
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State Agencies Enter into an "Agreement To Coordinate Services for Children Served by More Than One Agency."
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The Agency for Health Care Administration (AHCA), Agency for Persons with Disabilities (APD), Dept. of Children and Families (DCF), Dept. of Juvenile Justice (DJJ), Dept. of Education (DOE), Dept. of Health (DOH), Guardian ad Litem (GAL) Program, and Florida's Office of Early Learning (FOEL) entered into an agreement to coordinate services and supports for children served by multiple agencies. The agreement creates Local, Regional and State Review Teams to consider and coordinate services for children. To read the Agreement click here.
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08/07/12
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The American Bar Association Has Passed a Resolution Urging Legal Professionals to Respond Effectively to Fetal Alcohol Spectrum Disorders
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On August 7, 2012, the American Bar Association passed a resolution urging attorneys and judges, bar associations, and law school clinical programs "to help identify and respond effectively to Fetal Alcohol Spectrum Disorders (FASD) in children and adults, through training to enhance awareness of FASD and its impact on individuals in the child welfare, juvenile justice, and adult criminal justice
systems and the value of collaboration with medical, mental health, and disability experts." The resolution further urges "the passage of laws, and adoption of
policies at all levels of government, that acknowledge and treat the effects of prenatal alcohol exposure
and better assist individuals with FASD." To view the resolution, click here.
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03/15/12
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ABA Center on Children and the Law and Generations United Summarize State Foster Care Licensing Standards and Make Recommendations
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In March 2012, Generations United and the ABA Center on Children and the Law issued a report, entitled "Improving Foster Care Licensing Standards around the United States: Using Research Findings to Effect Change," summarizing all 50 states' foster care licensing standards and recommending changes to make standards and their application more uniform. The project was supported by the Annie E. Casey Foundation. The report looks at state statutes and regulations with regard to standards such as eligibility (age, citizenship, education, income, etc.), physical and mental health, living environment, transportation, training requirements, home studies, and background checks, as well as different standards for relatives. Recommendations include development of model core standards for all states. To view the report, click here.
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10/17/11
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BBC Releases Its Investigative Report on U.S. Child Abuse Deaths — "America's Child Abuse Shame"
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On October 17, 2011, the BBC released worldwide the results of its months-long investigation of child maltreatment fatalities in the U.S. The report, "America's Child Death Shame," discusses the problem of child deaths in America by focusing on Texas, which has the highest rate of child deaths from abuse in the country. The report includes comments from several Texas professionals, including Audrey Deckinga, Asst. Commissioner for CPS, Madeline McClure, Executive Director of TexProtects ( Texas Association for Protection of Children), and Matthew Cox, M.D., Medical Director of the REACH Clinic at Children's Medical Center. The Every Child Matters Education Fund, one of the organizations participating in the National Coalition to End Child Abuse Deaths, noted that despite up to 2,500 child deaths a year in America, national media in the U.S. have never reported on the issue in as comprehensive a manner as the BBC has now done. The National Coalition to End Child Abuse Deaths hopes that the BBC's report will prompt a federal inquiry and a national strategy for combating the problem. To watch segments of the BBC report online, click here and then click on each of the various segments of the report to view all of them. To view the recommendations of the National Coalition to End Child Abuse Deaths, see TLC's Recent News item dated December 14, 2010. To learn more about the work of the Every Child Matters Education Fund, click here.
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10/01/11
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Federal Legislation Requires Free Credit Reports for Foster Youth Aging Out of Care
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On Sept. 30, 2011, President Obama signed into law the Child and Family Services Improvement and Innovation Act. It contains a provision from the proposed Foster Youth Financial Security Act that requires states to provide free credit reports to youth age 16 or older until they are discharged from foster care. The administration is preparing regulations for implementation of the requirement. Rep. Jim Langevin (D-RI) is the sponsor of the Foster Youth Financial Security Act, which has not passed Congress in its entirety. Click here to view a news article about the new legislation.
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06/16/11
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U.S. Supreme Court Holds that Age Is a Factor for Miranda in Juvenile Interrogations
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On June 16, 2011, the U. S. Supreme Court held that a juvenile's age properly informs Miranda custody analysis. In J.D.B. v. North Carolina, the Court considered the interrogation of a 13-year-old in a room at his school by uniformed police officers. The juvenile was not read Miranda rights and gave a confession. The Court explained that a child's age affects his perception of whether he is free to leave, and ruled that the interrogators should have taken age into consideration in determining whether the child was "in custody" and, therefore, entitled to Miranda warnings. To view the Court's opinion, click here.
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09/20/10
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Every Child Matters Education Fund Releases We Can Do Better: Child Abuse and Neglect Deaths in America
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On September 20, 2010, Every Child Matters Education Fund, a nonprofit organization that advocates for the adoption of legislation that makes children, youth, and families a national priority, released a report on deaths from child abuse and neglect. This report, We Can Do Better: Child Abuse and Neglect Deaths in America, provides statistics on deaths from child abuse and neglect and suggests legislation to prevent abuse and lower the number of children killed. Every Child Matters is a member of the National Coalition to End Child Abuse Deaths, which includes the National Center for Child Death Review, National Children's Alliance, the National District Attorneys Association, and the National Association of Social Workers. The coalition is bringing national attention to this issue and advocating a national strategy to end these preventable deaths. The first edition of the report was followed by a national summit, which generated recommendations and formation of the coalition. The coalition briefed Congressional staffers on the issue, and the General Accounting Office began a study of deaths in the child welfare system. The coalition also generated a petition requesting that Congress conduct hearings on child abuse deaths. Click here to view the report.
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09/14/10
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The Center for Public Policy Priorities Has Issued a New Report on Undocumented, Abused and Neglected Children
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On September 14, 2010, the Center for Public Policy Priorities issued a report that examines the problem of undocumented children who suffer abuse and neglect in this country. Who are these children, and why is it unworkable to send them back to their country of origin? The paper offers suggestions for system improvements to allow these children to obtain legal residency and for aligning immigration and child welfare laws to protect this population. Click here to view the report.
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08/10/10
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ABA Affirms Child's Right to Counsel at All Stages of Child Protection Proceedings and Adopts Policies for Court Improvement
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At its annual meeting in August, the American Bar Association adopted several policies concerning children and parents in the justice system. Most notable is a policy calling child custody a "basic human need" in access to justice. In its new "Model Access Act," the ABA makes clear that there should be a right to legal representation of children in any proceedings initiated by government "for the purposes of child protective intervention." The ABA also clarifies that in child abuse and neglect related proceedings, the child's legal representation should extend "as long as jurisdiction continues." The ABA policies also call for full, prompt, and expansive implementation of the "older youth provisions" of the federal Fostering Connections to Success and Increasing Adoptions Act. Finally, the ABA approved the first comprehensive set of national administrative standards for courts hearing child abuse and neglect civil proceedings. These Judicial Excellence Standards were developed by a multidisciplinary committee and were previously endorsed by the National Council of Juvenile and Family Court Judges. Click here to view the ABA's announcement about the policies.
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12/16/09
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GAO Issues Report on Deaths and Abuse in Schools and Treatment Centers from Use of Seclusion and Restraint
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The Government Accountability Office (GAO) has issued a report to the U.S. House Committee on Education and Labor on the use of seclusion and restraint in public and private schools and treatment centers in order to provide an overview of laws concerning use of these methods, to verify whether allegations of abuse and death from such methods are widespread, and to examine the facts of cases where students died or suffered abuse as a result of being secluded or restrained. The GAO found that no federal laws restrict the use of seclusion and restraint in schools and that state laws vary widely. While the GAO could not determine if allegations of abuse and death are widespread, it did find hundreds of cases of alleged abuse and death due to use of restraint and seclusion methods. One theme the GAO mentioned is that children with disabilities are sometimes restrained or secluded even without parental consent. To read the report, including the details of cases and state and federal laws, click here.
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10/08/08
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Congress Increases Grants for Runaway and Homeless Youth Facilities and Enacts Requirements for Emergency Preparedness
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On October 8, 2008, President Bush signed the Runaway and Homeless Youth Act of 2008, which amends provisions for federal grants to programs offering services to runaway youth. It increases minimum grant allotments and requires that youth shelters and transitional living programs have adequate emergency preparedness and management plans. The act also revises requirements for transitional living programs and increases the maximum allowable length of stay. Some youth projects receive priority funding in the bill. Statistics on runaway and homeless youth must be reported periodically to Congress.
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10/07/08
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New Federal Law Overhauls Child Welfare System
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On October 7, 2008, President Bush signed the Fostering Connections to Success and Increasing Adoptions Act of 2008, which addresses educational stability for foster children, including requiring states to ensure that foster children remain in their original school unless not in the child's best interest; possible waiver of non-safety related licensing standards for relatives; foster care payments after age 18; transition for children aging out of foster care; training for agencies, relatives and court personnel; oversight of health care services; sibling placement; tribal programs; and special needs adoptions. State, local or tribal child welfare agencies, as well as nonprofit organizations, may receive matching grants from the U.S. Department of Health and Human Services, with the goal of assisting children in foster care to reconnect with family members.
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01/01/00
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Thirteenth Judicial Circuit Community Alliance Creates Committee to Facilitate Provision of Services to Immigrant Children and Their Caregivers in Order to Prevent Formal Entry in to Florida's Child Welfare System.
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Florida has long been home to thousands of immigrant children, many who are here without a parent or guardian. The population has increased immensely in recent months with additional immigrant children coming to Florida both short term for temporary shelter and long term to live with sponsors and in federal foster care. The Thirteenth Judicial Circuit (Hillsborough County) Community Alliance decided to make a concerted effort to help children and their caregivers so that children can remain safe and well in the community, not come into foster care, the delinquency system or become homeless. You can read more about their efforts on the Circuit's webpage on the Center for Child Welfare Website.
click here.
FLORIDA for Children and Families has links to trainings and other resource documents and is building those materials. Search the topic "immigrant children" to see the latest.
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01/01/00
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State Policy Advocacy and Reform Center issues briefs on: Extension of Medicaid to Age 26 for Youth Who Move Out of State, Collaborations between Child Welfare and Health Care Systems, and the Nexus of Housing and Child Welfare.
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To read the report on Medicaid to Age 26 click here.
To read Improving Child Well-Being: Strengthening the Collaboration between the Child Welfare and Healthcare Systems click here.
To read the report on Families at the Nexus of Housing and Child Welfare click here.
To read more about SPARC's work visit their website at click here.
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01/01/00
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DCF issued it's proposed rule to address the availability of financial assistance to non-relative caregivers. Comments are due to the Department by December 24, 2014
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To read the text of the proposed rule click here.
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01/01/00
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Step Up for Students now offers two types of scholarship for children with disabilities. Child welfare children are eligible for both.
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The Personal Learning Scholarship Account (PLSA) is available to students in kindergarten through 12th grade who are diagnosed with developmental disabilities and children under 5 who are are deemed "high risk" due to developmental delays. PLSA scholarship funds can be used for a combination of approved programs and providers that caregivers think will best meet their children?s unique needs. These include approved private schools, therapists, specialists, curriculum, and technology. Step Up for Students is currently accepting applications for the PLSA for the 2014-15 school year. Scholarships are awarded on a first-come, first-serve basis.
The Florida Tax Credit Scholarship (FTC) offers two scholarship options: one that helps cover private school tuition and fees, or one that assists with transportation costs to attend a public school in another county.
For more information on both scholarships, click here.
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01/01/00
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On May 22, 2015 Governor Scott signed a "Child Welfare" bill which addresses several items as a follow up to the 2014 Senate Bill 1666 which made major revisions to Florida Statutes primarily in relation to child protection.
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This bill addresses several items:
- Child Abuse Death Reviews
- Critical Incident Rapid Response Teams
- Reports of Medical Neglect
- Requires CBCs to prioritize the use of Evidenced Based and Trauma Informed Services
- Permits the Child Welfare Specialty Medicaid Plan to cover young adults in extended foster care and those who remain eligible for Medicaid after adoption from care
The bill can be viewed here, click here. The Senate Staff Analysis can be viewed here,click here.
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01/01/00
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Still having problems getting Social Security to take 18 year old redeterminations 6 months before the child turns 18? Check out this nifty new toolkit.
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The Juvenile Law Center and Community Legal Services of Philadelphia created a toolkit for advocates working with foster youth who are transitioning to adulthood and receive SSI. The materials are based on federal law and appropriate for Florida clients. To obtain the toolkit click here.
Social Security also has a new pamphlet for transitioning youth click here.
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01/01/00
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The Family Justice Initiative is a national collaborative aimed at increasing access to high quality legal representation for children and parents in child welfare cases.
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The FJI was formed by ABA Center on Children and the Law, the Children's Law Center in California and the Center for Family Representation in New York. Their website provides research, resources and advocacy tools. It is a key location to obtain information on federal funding for counsel for dependent children and their parents. familyjusticeinitiative.org
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01/01/00
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First Star's 4th Edition of the Right to Counsel Report Card raises Florida's grade from an F to a C.
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First Star issued its first report card on children's right to counsel in 2002. Over the years it has tracked whether and how states provide attorney representation to children in dependency proceedings. The Fourth Edition, issued in conjunction with the Child Advocacy Institute provides a detailed look at how states provide legal representation to children.
You can read the report card here
click here.
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