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.

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.

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.

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.

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.