Florida Statutes 39.523 – Placement in out-of-home care
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(1) LEGISLATIVE FINDINGS AND INTENT.–
(a) The Legislature finds that it is a basic tenet of child welfare practice and the law that a child be placed in the least restrictive, most family-like setting available in close proximity to the home of his or her parents which meets the needs of the child, and that a child be placed in a permanent home in a timely manner.
Terms Used In Florida Statutes 39.523
- assessment: means the gathering of information for the evaluation of a child's and caregiver's physical, psychiatric, psychological, or mental health; developmental delays or challenges; and educational, vocational, and social condition and family environment as they relate to the child's and caregiver's need for rehabilitative and treatment services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services, as appropriate. See Florida Statutes 39.01
- Caregiver: means the parent, legal custodian, permanent guardian, adult household member, or other person responsible for a child's welfare as defined in subsection (54). See Florida Statutes 39.01
- Department: means the Department of Children and Families. See Florida Statutes 39.01
- Family: means a collective body of persons, consisting of a child and a parent, legal custodian, or adult relative, in which:(a) The persons reside in the same house or living unit; or(b) The parent, legal custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child. See Florida Statutes 39.01
- Out-of-home: means a placement outside of the home of the parents or a parent. See Florida Statutes 39.01
- Parent: means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under…. See Florida Statutes 39.01
- Shelter: means a placement with a relative or a nonrelative, or in a licensed home or facility, for the temporary care of a child who is alleged to be or who has been found to be dependent, pending court disposition before or after adjudication. See Florida Statutes 39.01
(b) The Legislature finds that there is an association between placements that do not meet the needs of the child and adverse outcomes for the child, that mismatching placements to children’s needs has been identified as a factor that negatively impacts placement stability, and that identifying the right placement for each child requires effective assessment.(c) The Legislature also finds that the timely identification of and therapeutic response to acute presentation of symptoms indicative of trauma can reduce adverse outcomes for a child, aid in the identification of services to enhance initial placement stability and of supports to caregivers, and reduce placement disruption.(d) It is the intent of the Legislature that whenever a child is unable to safely remain at home with a parent, the most appropriate available out-of-home placement shall be chosen after an assessment of the child’s needs and the availability of caregivers qualified to meet the child’s needs.
(2) ASSESSMENT AND PLACEMENT.–When any child is removed from a home and placed in out-of-home care, a comprehensive placement assessment process shall be completed in accordance with s. 39.4022 to determine the level of care needed by the child and match the child with the most appropriate placement.
(a) In accordance with rules adopted by the department, the department or community-based care lead agency must:
1. Coordinate a multidisciplinary team staffing as established in s. 39.4022 with the necessary participants for the stated purpose of the staffing.
2. Conduct a trauma screening as soon as practicable after the child’s removal from his or her home but no later than 21 days after the shelter hearing. If indicated as appropriate or necessary by the screening, the department or community-based care lead agency must, at a minimum:
a. Promptly refer the child to appropriate trauma assessment, which must be completed within 30 days, and if appropriate, services and intervention as needed. To the extent possible, the trauma screening, the assessment, and the services and intervention must be integrated into the child’s overall behavioral health treatment planning and services.
b. In accordance with s. 409.1415(2)(b)3.f., provide information and support, which may include, but need not be limited to, consultation, coaching, training, and referrals to services, to the caregiver of the child to help the caregiver respond to and care for the child in a trauma-informed and therapeutic manner.
(b) The comprehensive placement assessment process may also include the use of an assessment instrument or tool that is best suited for the individual child.
(c) The most appropriate available out-of-home placement shall be chosen after consideration by all members of the multidisciplinary team of all of the information and data gathered, including the results and recommendations of any evaluations conducted.
(d) Placement decisions for each child in out-of-home placement shall be reviewed as often as necessary to ensure permanency for that child and address special issues related to this population of children.
(e) The department, a community-based care lead agency, or a case management organization must document all placement assessments and placement decisions in the Florida Safe Families Network.
(f) If it is determined during the comprehensive placement assessment process that residential treatment as defined in s. 39.407 would be suitable for the child, the procedures in that section must be followed.
(3) JUDICIAL REVIEW.–At each judicial review, the court shall consider the results of the assessment, the placement decision made for the child, and services provided to the child as required under s. 39.701.
(4) DATA COLLECTION.–The department shall collect the following information by community-based care lead agencies and post it on the Department of Children and Families’ website. The information is to be updated on January 1 and July 1 of each year.
(a) The number of children placed with relatives and nonrelatives, in family foster homes, and in residential group care.
(b) An inventory of available services that are necessary to maintain children in the least restrictive setting that meets the needs of the child and a plan for filling any identified gap in those services.
(c) The number of children who were placed based upon the assessment.
(d) An inventory of existing placements for children by type and by community-based care lead agency.
(e) The strategies being used by community-based care lead agencies to recruit, train, and support an adequate number of families to provide home-based family care.
(5) RULEMAKING.–The department shall adopt rules to implement this section.