Bill Text: FL H0185 | 2010 | Regular Session | Introduced

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Bill Title: Children of Incarcerated Parents

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2010-04-30 - Died in Committee on Health Care Services Policy (HFPC) [H0185 Detail]

Download: Florida-2010-H0185-Introduced.html

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HB 185

1	A bill to be entitled
2	An act relating to children of incarcerated parents;
3	providing legislative findings and purpose; providing
4	guiding principles to be used by state agency personnel
5	when dealing with children of incarcerated parents;
6	providing for applicability; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. Children of incarcerated parents; guiding
11	principles for state agencies.--
12	(1) LEGISLATIVE FINDINGS.--The Legislature finds that one
13	in every 100 adults in this country is in jail or prison and
14	that approximately 1.5 million children have a parent in a state
15	or federal prison. The Department of Corrections estimates that
16	there are more than 73,000 children in this state who have a
17	parent in prison. The Legislature further finds that children of
18	incarcerated parents often face significant obstacles, including
19	unstable living arrangements and multiple school placements,
20	financial hardship, and the social stigma associated with their
21	parents' incarceration. As a result, children of incarcerated
22	parents are at risk for poor academic achievement, substance
23	abuse, delinquency, and criminal activity that can lead to their
24	own incarceration.
25	(2) PURPOSE.--The purpose of this section is to help
26	ensure that state agency personnel are sensitive to the issues
27	and risks of children of incarcerated parents and to help
28	maintain their well-being and support their needs.
29	(3) GUIDING PRINCIPLES FOR STATE AGENCY PERSONNEL.--State
30	agency personnel shall use the following guiding principles when
31	dealing with the children of incarcerated parents:
32	(a) Children should be treated with respect and dignity at
33	all times.
34	(b) The children's safety and care should be of paramount
35	importance to all involved.
36	(c) If the children so choose, communication avenues
37	should be made available such that the children should have
38	opportunities to see, speak to, or visit parents, if
39	appropriate.
40	(d) State support for the children should be provided as
41	resources permit and as authorized by law.
42	(e) The children should be kept safe and informed at the
43	time of the parent's arrest.
44	(f) The children's wishes should be taken into
45	consideration regarding any decisions made concerning their
46	welfare.
47	(g) The children's wishes should be taken into
48	consideration when decisions are made about their incarcerated
49	parent.
50	(h) Children should be well cared for when a parent is
51	absent due to incarceration.
52	(i) Children should receive proper support during
53	struggles with the parent's incarceration.
54	(j) Children should not be judged, blamed, or labeled
55	because of a parent's incarceration.
56	(k) Children should receive support for the desire to
57	retain a relationship with an incarcerated parent, if
58	appropriate.
59	(4) APPLICABILITY.--This section does not obligate a state
60	agency to provide children of incarcerated parents with support
61	or services, or to give children of incarcerated parents
62	priority in the delivery of support or services not authorized
63	by law.
64	Section 2. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.