06/17/15
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House Bill 1055 addresses issues concerning the Child Protection Teams and Critical Incident Rapid Response Teams.
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This bill amends §39.303 to require that the Statewide District Child Protection Team medical directors be board certified pediatricians and have or acquire a diplomate in child abuse pediatrics. The law extends sovereign immunity to members of the Child Protection Team. And it requires that each Critical Incident Rapid Response Team includes a Child Protection Team medical. Finally it amends the law on expert witness certification that will enable physicians and osteopathic physicians from other jurisdictions to obtain certificates needed The law goes into effect on July 1, 2015. The bill can be viewed here, click here.
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06/11/15
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"The Regis Little Act to Protect Children with Special Needs" was signed into law on June 10th. It is intended to help the child welfare system better serve youth who may have impaired capacity for adult decision making
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HB 734, also known as the Regis Little Act, was passed as the result of significant effort by the Guardian Ad Litem Program. It is intended to identify those youth with disabilities who might require assistance with decision-making when they become adults. The law amends the case planning and judicial review requirements for 17 year olds who may be in need of an adult guardianship or guardian advocacy. If a less restrictive form of decision making assistance will not be sufficient for those youth, it permits the initiation of guardianship or guardian advocacy proceedings to begin prior to age 18. Those proceedings remain in probate court and provide youth with the same procedural protections that adults get. It requires DCF to obtain evaluations and initiate proceedings if no other person has come forward to do that. For youth who remain in care after age 18, it provides for review of the necessity of decision making assistance. The law goes into effect on July 1, 2015. The bill can be viewed here, click here.
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06/11/15
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Governor Scott signed House Bill 7013, providing adoption incentives to state workers, permitting children in out of home care to be home-schooled and repealing the statutory ban on gay adoption.
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The adoption incentive provisions of this bill were widely popular. The repeal of the statutory ban on gay adoption drew a great deal of opposition. But for most attorneys and judges, the little discussed education provisions will have the most impact on their daily work. The law is intended to strengthen the requirements that help children remain in their school of origin upon entry into care. Then if the child cannot remain in that school, there is to be a conversation and decision made about the best educational setting for the child. That best setting may now include homeschooling, which is currently prohibited by administrative rule. The law goes into effect on July 1, 2015. The bill can be viewed here, click here.
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05/21/15
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On Thursday May 21, 2015 the Florida Supreme Court approved the Florida Bar's Proposal to add a Juvenile Law Certification to the list of board certifications available to members of the Florida Bar.
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Attorneys interested in obtaining certification will need to have 50 juvenile law CLE credits, at intermediate or advanced levels, within 3 years prior to the application for certification.
The new Rule 6-29.2 defines Juvenile Law as "the area of law that inherently and directly impacts children. It includes, but is not limited to, dependency, delinquency, and termination of parental rights matters. It does not include adoption matters or matters arising in the context of family law proceedings not consolidated with dependency or termination of parental rights matters."
To see the excerpt of the order establishing certification, click here.
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04/01/15
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This second annual training conference is jam packed with sessions and key notes that will benefit all lawyers and judges who work children and parents with disabilities.
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Funded by excess funding in counsel for dependent children with special needs, the GAL Program has put together a comprehensive conference that will help all practitioners effectively advocate for their clients and promote the best interest of children. Register online click here.
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02/16/15
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Regional Counsel for the 4th District will host Florida's first CLE conference exclusively presented by and for Parent Attorneys.
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The conference will present new ways to conceptualize parent representation and advocacy while at the same time offer practical litigation tools to safeguard and enhance due process for parents and protection of parents? rights.
The conference will feature nationally recognized attorneys in the field of dependency and child and family welfare, including Keynote Speaker Martin Guggenheim, Clinical Professor of Law at NYU. To view the flyer click here. Or to register online click here.
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12/18/14
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Guardian Ad Litem Program undertakes a legislative effort to address the long-standing concern of what happens when youth with impaired capacity for decision making turn 18 while in state care.
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The Guardian Ad Litem Program issued: Guardianship Services for Incapacitated Youth in Foster Care Turning 18, a statement of principles to guide legislation to protect this vulnerable population of youth. These principles are intended to guide legislation in this upcoming session. The principles are: 1. A process must be in place that will satisfy all necessary legal and administrative requirements so that, when appropriate, guardianship services will begin for youth in foster care on their 18th birthdays. 2. The rights of incapacitated youth in foster care must be protected by adhering to existing law that requires use of the least restrictive type of decision making assistance for these young adults. To read the Principles click here.
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12/03/14
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The Congressional Research Service recently issued 3 reports of interest to the child welfare community concerning Health Care Needs, State Plan Requirements and Former Foster Youth.
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To read the report on Health Care Needs of Children in Foster Care and related issues click here.
To read the Profiles of Current and Former Foster Youth in the the National Youth in Transition Database (NYTD) click here.
To read about State Plan Requirements under the Title IV-E Foster Care, Adoption Assistance, and Kinship Guardianship Assistance Program click here.
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10/06/14
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DCF and APD have issued memoranda implementing the legislative fix for addressing when young people on the APD Waiver waiting list are placed on the APD Waivers.
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The Department of Children and Families implementation memo can be viewed here, click here.
The Agency for Persons with Disabilities memo can be viewed here, click here. .
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09/30/14
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Preventing Sex Trafficking and Strengthening Families Act signed into law on September 29th.
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This new federal legislation has several components that will affect Florida's child welfare system - and one it borrowed from Florida's child welfare system. Federal law now requires states to include normalcy provisions in their state plans for foster care that mirror Florida's law. In addition, the new law also:
- Eliminates the use of APPLA as a goal for a child under age 16.
- Requires case planning for children 14 and older to involve the child.
- Requires tracking of sex trafficking victims.
- Enhances and revises incentives for adoptions and guardianships.
To read the full bill click here. . Or to read a summary click here.
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09/08/14
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DCF is in the process of drafting rules and related forms for Extended Foster Care, Postsecondary Educational Support Services/Education Training Vouchers.
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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.
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08/07/14
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Lawyers Representing Children Now Have a Single Guide to Help them Identify Training and Resources.
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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.
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07/03/14
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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
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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.
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06/26/14
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New research Report: Foster Kids in Limbo: The Effects of the Interstate Compact on Children in Foster care
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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.
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06/11/14
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Several new measures passed in the 2014 Legislative Session that will substantially affect the child welfare system.
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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.
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06/10/14
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Students in Unique Situations: Tips for Completing the Free Application for Federal Student AId (FAFSA)
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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.
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06/09/14
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Duval County's first in Florida "Girls Court" is opened to address the special needs of girls facing juvenile charges.
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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.
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06/01/14
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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
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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.
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06/01/14
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The Keys to Independence (HB 977) Bill was enacted to help foster youth obtain driver's licenses and insurance
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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.
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06/01/14
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EPSDT - A Guide for States provides comprehensive information about the extent of Medicaid coverage available to children and adolescents.
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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.
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05/30/14
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The Keeping IDs Safe K.I.D.S. Act was enacted to help protect minors from identity theft.
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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.
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05/30/14
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The GAO issued two federal reports on topics of concern to child welfare: Psychotropic Medications & Managed Care and Implementation of the Fostering Connections Act
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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.
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05/20/14
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The Florida Legislature enacted HB 561 which requires the appointment of compensated counsel for dependent children with one of 5 categories of special needs.
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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.
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01/01/14
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Medicaid is now available up to age 26 to young adults who were in state care and receiving Medicaid when they turned 18.
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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.
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01/01/14
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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.
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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.
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01/01/14
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Extended Foster Care Implementation: In the absence of promulgated rules, practitioners can obtain guidance on the Center for Child Welfare website.
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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.
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06/25/13
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Florida's Children First issues overview of how 2013 legislative changes will affect Florida's child welfare system and a Quick & Dirty FAQ.
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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.
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06/19/13
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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
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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.
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05/28/13
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The Florida Supreme Court Adopted Amendments to the Rules of Juvenile Procedure Effective July 1, 2013
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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.
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05/01/13
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Florida Legislature enacts The Nancy C. Detert Common Sense and Compassion Independent Living Act which extends foster care to age 21.
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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.
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