Representing Youth in the Dependency System Mary K. Wimsett, Esq. Gainesville, Florida

1. Representing Youth in the Dependency SystemMary K. Wimsett, Esq.Gainesville, Florida

2. Levels of Care • Placement with parents, family or other non-relative caretaker • Foster Care (family home or group home) • Therapeutic Foster Care • Specialized Therapeutic Group Care • Residential Treatment Center

3. Levels of Care: Foster Care • Family foster home • number of children in home will range anywhere from one to six depending on the family • Child receives a monthly allowance (ranges from $10-20 per month depending on the CBC) • Group home • managed by professional staff • number of children in home will vary but will typically be bigger than a family foster home

4. Levels of Care: Therapeutic Foster Care • 2 levels of Therapeutic Foster Care • level will determine the following: • frequency of therapy and psychiatric care • Medicaid board rate • step down staffings required statewide • increased training for foster parents

5. Levels of Care: Specialized Therapeutic Group Care • 24-hour residential program in “homelike” setting with no more than 12 kids • Purpose is to provide treatment (vs. living environment as in foster care) • Requires the recommendation of a Suitability Assessment, the same procedures & constitutional protections apply of RTC placements, 394.67(21), Fla. Stat.

6. Levels of Care: Residential Treatment Centers (RTC) • Rule 8.350 & 39.407(6), Fla. Stat. • Suitability Assessment required before child can be placed in RTC • Motion required for placement • GAL always appointed, AAL appointed if child does not agree to placement • Status hearing on placement

7. Levels of Care: Residential Treatment Centers con’t. • Evidentiary hearing on placement • Voluntary Treatment Individualized Plans • Internal Treatment Review • Court Review • Every 90 days, report must be filed 72 hours • GAL may request review of placement at ANY TIME

8. Levels of Care Involuntary Commitment (Baker Act) • Baker Act provision in the statute is §39.407(5) • Criteria established in §394.467 must be established • Difference from residential commitment as a residential commitment is considered a “voluntary commitment”

9. Issues Related to Placement • Runaways • Pregnant Youth • DJJ Involvement • Psychotropic Medications • Master Trust Accounts

10. Issues Related to Placement: Runaways • If a child runs away, the family services counselor is required to notify: • local law enforcement (confirm this on FDLE’s website, www.fdle.state.uf.us/missing_children) • child’s parents • GAL • immediate supervisor • child’s therapist • any other person the counselor deems essential

11. Issues Related to Placement: Runaways con’t. • FSC is required to make weekly contacts (for the first 3 months) with family, legal custodians, relatives, provider agencies, friends, Missing Children Information Clearinghouse, the National Center for Missing and Exploited Children and local law enforcement • At every Judicial Review, the department is required to inform the court of the child’s status and the efforts of the department to locate the child

12. Issues Related to Placement: Runaways con’t. • When the child returns, the advocate should: • determine if the department has procured the required evaluation within 24 hours to determine the need for further services including mental health and medical services; and • determine if the child’s case plan needs to be amended to include services necessary to remedy issues that led to the child missing

13. Issues Related to Placement: Pregnant Youth • Important to work beforehand to secure placement for client and baby • F.A.C. 65C-28.010 states that dependent mothers shall be placed with their babies unless there is not a home or facility available to house them both or if the infant’s safety is at a substantial risk • If client and baby are placed separately, have nursing schedule ordered as well as transportation for client. If department argues that client can pump/store milk, have court order that the department provide proper equipment for this (an electric pump which can be rented from hospitals).

14. Issues Related to Placement: Pregnant Youth con’t. • Attend shelter hearing with client to ensure Court has accurate information • Must communicate regularly with child’s attorney (if shelter granted and dependency action proceeds) • There must be separate grounds for dependency of infant • Young mother still entitled to IL services

15. Issues Related to Placement: DJJ Involvement • Crucial to communicate with child’s public defender/defense attorney and DJJ counselor (Juvenile Probation Office or “JPO”) • You can provide the critical link between dependency and delinquency courts • Do not assume that DJJ or the delinquency judge is familiar with child’s dependency history • If child is committed to DJJ, coordinate release logistics pre-release, especially if child will be released after 18th Birthday

16. Issues Related to Placement: Psychotropic Medications • Children in foster care are 2-3 times more likely to be medicated than those in the community • Many children medicated by physicians with incomplete medical history • 39.407, Fla. Stat. • DCF must obtain consent of parents or file motion with the court in order to medicate child • Specific requirements in statute as to what motion and affidavit must include • Juvenile Rule of Procedure 8.355 • Tracks the statute

17. Issues Related to Placement: Master Trust Accounts • Children who receive SSI or SSA benefits have a Master Trust Account • Important to carefully review accountings to ensure accuracy and that balance does not exceed $2000.00 (if SSI funds) • Fee Waivers • Complicated issue: consult with GAL staff if child has a Master Trust Account

18. Maintaining Placement • Placement Match • Extra-Curricular Activities—Normalcy Memo (GAL web site) • Sibling Contact • Adult Support • Positive Reinforcement

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