The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs
BILL: SB 792
INTRODUCER: Senator Ausley
SUBJECT: Children and Young Adults in Out-of-home Care
DATE: November 29, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Preston Cox CF Favorable
2. AHS
3. AP
I. Summary:
SB 792 consolidates provisions in current law or rule creating a Foster Children’s Bill of Rights
and provides roles and responsibilities for the Department of Children and Families
(department), the community-based care lead agencies (CBCs), and other agency staff to follow
to ensure that children and young adults in out-of-home care are informed of these rights. The
roles and responsibilities for the department, CBCs, and other agency staff provided in the bill, in
part, include:
 Requiring the department to operate with the understanding that the rights of children in out-
of-home care are vital to their sense of safety, permanence, and well-being;
 Ensuring that stakeholders help children become knowledgeable about their rights; and
 Requiring case managers and other agency staff to inform a child entering out-of-home care,
both verbally and in writing, of his or her rights using words and phrasing that is
understandable to the child, if the child is of a sufficient age and understanding to receive
such instructions and rights.
The bill also authorizes and encourages district school boards to establish educational programs
for students ages 5 through 18 years relating to identifying and reporting abuse, abandonment, or
neglect and the effects of such abuse, abandonment, or neglect on a child. The district school
boards may provide such programs in conjunction with programs and instruction that are already
offered or required by the district.
The bill provides that the provisions included in the Foster Children’s Bill of Rights may not be
used for any purpose in any civil or administrative action and such provisions do not expand or
limit any rights or remedies provided under any other law.
The bill also codifies the role and responsibilities of the Children’s Ombudsman, which has been
established within the department to serve as an autonomous entity that receives and resolves,
when possible, complaints from children and young adults in out-of-home care related to their
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care, placement, or services. Further, the bill specifically prohibits the ombudsman from
investigating, challenging, or overturning a court order or decision. The bill provides that the
ombudsman must be given:
 Access to any public record of a state or local agency which is necessary to carry out his or
her responsibilities; and
 The opportunity to meet or communicate with any child or young adult in his or her
placement or other location.
The bill provides general responsibilities for the ombudsman, requires specified data collection,
and requires the ombudsman to develop standardized information explaining the rights granted
under s. 39.4085, F.S., by January 1, 2023. The standardized information must be developed in
consultation with the department, children’s advocacy and support groups, and children and
young adults who are in, or have previously been in, out-of-home care. The information must be
age appropriate, reviewed and updated by the ombudsman annually, and made available through
a variety of formats. This information must be used by the department, CBCs, and other agency
staff to carry out their responsibilities to inform children and young adults in out-of-home care of
their rights.
The bill codifies the department’s statewide toll-free telephone number for the children’s
ombudsman and that the number must be posted on the homepage of the department’s website.
The bill requires the department to adopt rules to implement the act.
The fiscal impact of the bill to the department is expected to be negative insignificant. See
Section V. Fiscal Impact Statement.
The bill is effective October 1, 2022.
BILL: SB 792 Page 3
II. Present Situation:
Dependency Case Process - Overview
The department operates the Florida central abuse hotline (hotline), which accepts reports of
known or suspected child abuse,1 abandonment,2 or neglect, 3 24 hours a day, seven days a
week.4 Any person who knows or suspects that a child has been abused, abandoned, or neglected
must report such knowledge or suspicion to the hotline.5 A child protective investigation begins
if the hotline determines the allegations meet the statutory definition of abuse, abandonment, or
neglect.6 A child protective investigator investigates the situation either immediately or within 24
hours after the report is received, depending on the nature of the allegation.7
If, after conducting an investigation in response to receiving a call to the hotline, the child
protective investigator determines that the child is in need of protection and supervision that
necessitates removal, the investigator may initiate formal proceedings to remove the child from
his or her home. The proceeding, known as a shelter hearing, results in a court determining if
1
Section 39.01(2), F.S., defines “abuse” to mean any willful act or threatened act that results in any physical, mental, or
sexual abuse, injury, or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be
significantly impaired. Abuse of a child includes the birth of a new child into a family during the course of an open
dependency case when the parent or caregiver has been determined to lack the protective capacity to safely care for the
children in the home and has not substantially complied with the case plan towards successful reunification or met the
conditions for return of the children into the home. Abuse of a child also includes acts or omissions. Corporal discipline of a
child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in
harm to the child.
2
See s. 39.01(1), F.S., which defines “abandonment”, in part, to mean a situation in which the parent or legal custodian of a
child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to
the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or
both. It further defines, “establish or maintain a substantial and positive relationship” to include, but not be limited to,
frequent and regular contact with the child through frequent and regular visitation or frequent and regular communication to
or with the child, and the exercise of parental rights and responsibilities. The definition specifically provides that marginal
efforts and incidental or token visits or communications are not sufficient to establish or maintain a substantial and positive
relationship with a child.
3
Section 39.01(50), F.S., defines “neglect” to mean when a child is deprived of, or is allowed to be deprived of, necessary
food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or
environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being
significantly impaired. Circumstances are not to be considered neglect if caused primarily by financial inability unless actual
services for relief have been offered to and rejected. Further, a parent or legal custodian legitimately practicing religious
beliefs in accordance with a recognized church or religious organization who thereby does not provide specific medical
treatment for a child may not, for that reason alone, be considered a negligent parent or legal custodian, unless a court orders
the following services to be provided, when the health of the child so requires: medical services from a licensed physician,
dentist, optometrist, podiatric physician, or other qualified health care provider; or treatment by a duly accredited practitioner
who relies solely on spiritual means for healing in accordance with the tenets and practices of a well-recognized church or
religious organization. The definition further provides that neglect of a child includes acts or omissions.
4
See s. 39.101, F.S.
5
Section 39.201(1), F.S.
6
See ss. 39.101 and 39.201, F.S.
7
Section 39.101(2), F.S.
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probable cause exists to keep a child in shelter8 status pending further investigation of the
circumstances leading to the detention of a child.9
When the department removes a child from the home, a series of dependency court proceedings
must occur before a child may be adjudicated dependent.10 Within 28 days after a child has been
sheltered, the court must hold an arraignment hearing on the petition for dependency.11 If a
parent or legal guardian denies an allegation in the petition, the court must hold an adjudicatory
hearing within 30 days.12
Subsequent to a child being found dependent, a court must hold a disposition hearing to
determine a course of treatment and services and placement of the child under protective
supervision.13 The court must first consider placing the child with relatives.14 If a child cannot
safely remain in the original home and no adult relative is available for temporary, legal custody,
the child may be placed with an adult willing to care for the child under the protective
supervision of the department.15 Placing the child in the temporary, legal custody of the
department invests the department with the rights and responsibilities of a legal custodian.16
Sibling Visitation
When sibling groups are removed from their home, the department or the CBC is required to
make reasonable efforts to keep the sibling group together in an out-of-home placement when it
is in the best interest of each individual sibling and when a suitable placement is available.17
When siblings cannot be placed together, particularly those with existing attachments, after
conducting a multidisciplinary team staffing18 that considers all relevant provisions related to
sibling placements provided in s. 39.4023, F.S., certain practices are required to be followed to
help maintain or strengthen those relationships, including to:
 Maintain allowable visitation and other forms of communication;
 Prioritize placements with kinship caregivers who have personal relationships with each
other;
 Prioritize placements that are geographically near each other;
 Encourage frequent visitation and allow siblings to celebrate birthdays, graduations, holidays
and other significant events together; and
8
Section 39.01(78), F.S., defines “shelter” to mean 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.
9
Section 39.01(79), F.S.
10
See s. 39.01(14), F.S., for the definition of “child who is found to be dependent”.
11
The purpose of an arraignment hearing is for a parent to admit, deny, or consent to findings of dependency that are alleged
in the petition for dependency. If any party has requested a demand for early filing, the court must hold the arraignment
hearing within 7 days after the date of filing of the petition. Section 39.506(1), F.S.
12
Section 39.506(1), F.S.
13
Section 39.521(1), F.S.
14
Section 39.507(7)(c), F.S.
15
Section 39.521(3)(c), F.S.
16
Section 39.521(3)(d), F.S.
17
Section 39.4024(3)(a), F.S.
18
See s. 39.4022, F.S., which requires the department or the CBCs to conduct multidisciplinary team staffings that include
certain participants to determine the best placement for children that are placed into care under ch. 39, F.S.
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 Coordinate the exchange of letters, emails, social media or phone calls when regular in-
person contact is not possible.19
The department or the CBC must document in writing any decision to separate siblings in the
case record face sheet20 and document the decision in the Florida Safe Families Network
(FSFN).21 Documentation must include any efforts made to keep the siblings together, an
assessment of the effects of separation on each child and group as a whole, and a description of
the plan for communication or contact between the siblings if the separation of the sibling group
occurs.22
Provisions related to Dependent Children
Currently, the provisions of Florida law pertaining to proceedings related to dependent children
are contained throughout ch. 39, F.S. Statements of the purposes and intent with regard to child
safety and protection found in ch. 39, F.S., include, in part, the provisions that:
 The health and well-being of all children under the care of the state are of paramount
concern;
 The child’s family ties are preserved and strengthened whenever possible by only removing
the child from parental custody when his or her welfare or public safety cannot be otherwise
assured;
 Judicial procedures, as well as other procedures to assure due process to children and other
parties, are conducted fairly in order to protect constitutional and other legal rights; and
 Children under the jurisdiction of the courts are provided equal treatment with respect to
goals, objectives, services, and case plans, without regard to the location of their placement.23
Current law also stipulates that all children of this state are afforded general protections to
include:
 Protection from abuse, neglect, and exploitation;
 A permanent and stable home;
 A safe and nurturing environment which will preserve a sense of personal dignity and
integrity;
 Adequate nutrition, shelter, and clothing;
19
Section 39.4024(4)(a)1.-6., F.S.
20
Section 39.00146, F.S., requires that every child under the supervision or in the custody of the department, the
department’s agents, or providers contracting with the department, including lead agencies and their subcontracted providers,
must contain specified relevant information about the child and his or her case that is updated at least once monthly. This
document is called the face sheet.
21
The FSFN system is Florida’s implementation of the Statewide and Tribal Automated Child Welfare Information Systems
(SACWIS/TACWIS), which is a federally funded data collection system. All states were required to collect and report
particular information to the federal government. States had the option of creating a SACWIS model in order to comply with
these federal reporting requirements or they may implement an alternative data collection model. This information was then
compiled into the Adoption and Foster Care Analysis and Reporting System (AFCARS) and the National Child Abuse and
Neglect Data System (NCANDS). Both systems are made publicly available on the Children’s Bureau’s Child Welfare
Outcomes Report Data website. See the National Conference of State Legislatures, Child Welfare Information Systems, June
25, 2020, available at https://www.ncsl.org/research/human-services/child-welfare-information-systems.aspx (last visited
November 29, 2021).
22
Section 39.4024(6)(c), F.S.
23
See s. 39.001(1), F.S.
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 Effective treatment for physical, social, and emotional needs;
 Equal opportunity and access to education, recreation, and other community resources;
 Access to preventive services;
 An independent, trained advocate, when intervention is necessary, and a skilled guardian or
caregiver in a safe environment when alternative placement is necessary; and
 The ability to contact their guardian ad litem24 or attorney ad litem,25 if appointed, by having
that individual’s name entered on all orders of the court.26
Pursuant to s. 39.013(2), F.S., the circuit court has exclusive original jurisdiction of all
proceedings under ch. 39, F.S., children who may be placed with a licensed child-caring agency,
a licensed child-placing agency, or the department, and for the adoption of children whose
parental rights have been terminated.27 Jurisdiction under ch. 39, F.S., attaches when the initial
shelter petition, dep