The June 2017 newsletter covers several topics: 1) new name for our site; 2) free technology CLE credit; and 3) the new child welfare law signed by Governor Scott on June 23, 2017. To view the newsletter, click here.

Project AWARE and Mental Health America of Northeast Florida is providing an opportunity for individuals and organizations to receive Youth Mental Health First Aid Certification. This training is provided at no cost for individuals and organizations that work with youth in Duval County. For all others, there is a fee. This is a three year certification. If you are interested in the training please contact Jill Hill at jill@mhajax.org or 904-683-7947.

On April 14, 2017, DCF released new assessments required for any child who is joining a household involved in an active investigation or ongoing services, such as a newborn, in CFOP 170-1. These new requirements include: a pre-birth assessment for a caregiver or minor in the household who is pregnant; a multidisciplinary staffing to plan for the newborn; specific instructions for CLS staffings; and information that must be gathered when a new baby is born or a child enters a household in an ongoing services case. To read the memorandum from DCF about the new operating procedure,click here. To read the new rule, click here.

DCF amended Rule 65C-35.001-.013 regarding psychotropic medication for children in the dependency system. To see the redlined version of the rules, please click here. To see the updated Medical Report, please click here. Also, the following are the major changes: 1) Deletes the requirement that prescribers must be physicians, and requires prescribers to be practitioners licensed under Ch. 458 and 459. [Rule 65C-35.001(20)] 2) Redefines psychotropic medication covered by the rule to those with the primary intent to stabilize or improve mood, mental status, behavioral symptomatology or mental illness. It now excludes those medications prescribed for other purposes which have the effect of altering brain chemistry. [65C-35.001(21)] 3) Seeks to have knowledgeable adult accompany child to doctor?s visits by: a)Scheduling appointments at times that work for caregiver. b)Requiring the case manager or a designee to attend all medication review appointments. [65C-35.011(6)] The case designee must be specially trained and provided information about the child to share with the prescriber. [65C-35.004] 4) Requires the doctor to discuss the medication with the child and for the child to be provided a copy of the Medical Report if he or she has sufficient maturity and the intellectual capacity to understand the report 5) Adds a requirement that Children?s Legal Services file a motion for appointment of counsel if the child is not developmentally able to assent (added to the requirement of seeking appointment if the child declines to assent). [65C. 35.005(2) and (2)(b)] 6) Encourages better continuity of care when children enter care and at transitions (a.) by detailing what the child protective investigator (CPI) or case manager has to do if the child is taking medication at the time of removal but the medication is not in the original container clearly marked with a current prescription [65C-35.006 and 65C-35.011]; (b.) by specifying the importance of communication between current and former caregivers to communicate about medication monitoring and administration. [65C-35.011];(c.) by requiring the CPI or case manager to give specific information about the medication to new caregivers. 7) Specifies conditions for pre-consent review when prescription exceeds dosage parameters, child is under age 10 and prescribed 2 or more psychotropic medications [65C-35.012] 8) Adds sections discussing the Medical report [65C-35.013] and the Training required of CPIs, case managers and caregivers. [65C-35.014]

DCF recently amended Rules 65C-27.001-002 concerning the suitability assessment for a child in need of residential treatment. The initial suitability assessment is performed through a referral by the Department or a community-based care lead agency. Notice of the initial suitability assessment must be provided to the guardian ad litem and the child's attorney. If applicable, the GAL and AAL will have an opportunity to meet with the child and the evaluator. click here

The Improved Employment for Foster Youth Act would add current and former transition aged foster youth (16-26) to the category of persons for whom employers can receive Work Opportunity Tax Credits. For more information on the Hire a Foster Youth Campaign click here.

To read the rules click here.

The U.S. Departments of Education and Health and Human Services have issued a "Non-Regulatory Guidance: Ensuring Educational Stability for Children in Foster Care." This guidance explains how education and child welfare agencies are to work together to promote educational stability of children in state care. Of particular note is a detailed discussion of the "best interest" factors that should be considered when determining whether a child will stay in the school of origin or change schools. To read the guidance click here.

This law requires a 3-day waiting period for all firearm purchases (with some exceptions), raises the age to 21 for all firearm purchases, prohibits bump stocks, allows Sheriffs to establish school guardian programs if approved by the school district, amends the Baker Act to allow use of reasonable force to enter and seize firearms and ammunition of those under BA who have made a credible threat of violence, requires Courts to report the names and addresses of students committed to mental health treatment to their district school superintendent within 48 hours of commitment, and provides additional funds for mental health care in schools while promoting facilitation to access of services to students with emotional and behavioral disabilities. The law also establishes a Statewide Guardian Office and criteria for confidential information sharing with DJJ, DCF, and DOE, requires each school to have a threat assessment team and each district to have a school safety specialist, students are required to report referrals to mental health services when registering at a new school, and every school is required to perform active shooter drills. This is a summary of this new law. The full text can be read here.

The National Council on Disability (NCD) and the Christopher & Dana Reeve Foundation issued "Parenting with a Disability: Know Your Rights Toolkit" at a White House forum on the Civil Rights of Parents with Disabilities. The toolkit follows the ground break report "Rocking The Cradle, Ensuring the Rights of Parents with Disabilities and their Children." To obtain the toolkit click here. To read the Rocking the Cradle report click here.

Senate bill 386 lowers the age for most automatic expunctions from 24 to 21. It allows young people to move for an expunction between the ages of 18 and 21 (once they are 5 years out from the charge) and allows the request for expunction of diversion records to be made more than 12 months after the completion of the diversion program. Florida's Children First and Florida Youth SHINE's fact sheet for youth can be viewed here . memo can be viewed here, click here. . To read the bill, click here.

Prior rule of the Board of Governors of the State University System limited the use of the tuition and fee exemption to 120 credit hours toward an undergraduate degree. Faced with litigation and potential legislation concerning the limitations of its rule, the Board of Governor's agreed to revise its rule to permit the exemption to be used for more than 120 hours and with no limitation that courses had to be undergraduate only. To read the Florida's Children First and Florida Youth SHINE fact sheet to explain the use of the exemption. click here.

The court revised the previously adopted "fast track" rule implementing Ch. 39.01305, Appointment of Counsel for Dependent Children with Special Needs. The revision specifies that the rule applies only to children for whom there is a statutory right to counsel and does not affect the court's authority to appoint counsel for any other child. It also revises the rules on and forms shelter, dependency petitions, judicial reviews to ensure that children who are entitled to counsel are identified. The court amended Rule 8.355 to clarify that motion for court authorization for psychotropic medication includes information on whether the prescribing physician has obtained the child's assent to take the medication. Finally, it removes the term "attorney ad litem" and replaces it with "attorney for the child." To read the order amending the rules click here.

On October 4, 2015 the Florida Administrative Code rules relating to Ch. 409.1451, took effect. The rules for Extended Foster Care are still pending. To view the rules on PESS, Aftercare and Appeals Rules click here.

In the case of J.B. v. D.C.F. the Florida Supreme Court addressed two questions certified to it by the First District Court of Appeals. The opinion issued on July 9th a) affirms that the right to counsel in TPR cases necessarily includes the right to effective assistance of counsel; b) rejects the Strickland and Geist standards proposed by parties to the appeal; c) creates a standard for determining ineffective assistance of counsel claims; d) creates an interim procedure for parents to employ in stating a claim for ineffectiveness; and e) creates a "Chief Justice's Select Committee" to develop permanent rules. The opinion can be viewed here, click here.