Bill Text: FL S0404 | 2010 | Regular Session | Introduced

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Bill Title: Children of Incarcerated Parents [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Children, Families, and Elder Affairs [S0404 Detail]

Download: Florida-2010-S0404-Introduced.html

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Florida Senate - 2010                                     SB 404 
 
By Senator Joyner 
18-00287-10                                            2010404__ 
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 
5         personnel when dealing with children of incarcerated 
6         parents; providing for applicability; providing an 
7         effective date. 
8 
9  Be It Enacted by the Legislature of the State of Florida: 
10 
11         Section 1. Children of incarcerated parents; guiding 
12  principles for state agencies.— 
13         (1) LEGLISLATIVE FINDINGS.—The Legislature finds that one 
14  in every 100 adults in this country is in jail or prison and 
15  that approximately 1.5 million children have a parent in a state 
16  or federal prison. The Department of Corrections estimates that 
17  there are more than 73,000 children in this state who have a 
18  parent in prison. The Legislature further finds that children of 
19  incarcerated parents often face significant obstacles, including 
20  unstable living arrangements and multiple school placements, 
21  financial hardship, and the social stigma associated with their 
22  parents’ incarceration. As a result, children of incarcerated 
23  parents are at risk for poor academic achievement, substance 
24  abuse, delinquency, and criminal activity that can lead to their 
25  own incarceration. 
26         (2) PURPOSE.—The purpose of this section is to help ensure 
27  that state agency personnel are sensitive to the issues and 
28  risks of children of incarcerated parents and to help maintain 
29  their well-being and support their needs. 
30         (3) GUIDING PRINCIPLES FOR STATE AGENCY PERSONNEL.—State 
31  agency personnel shall use the following guiding principles when 
32  dealing with the children of incarcerated parents. 
33         (a) Children should be treated with respect and dignity at 
34  all times. 
35         (b) The children’s safety and care should be of paramount 
36  importance to all involved. 
37         (c) If the children so choose, communication avenues should 
38  be made available such that the children should have 
39  opportunities to see, speak to, or visit parents, if 
40  appropriate. 
41         (d) State support for the children should be provided as 
42  resources permit and as authorized by law. 
43         (e) The children should be kept safe and informed at the 
44  time of the parent’s arrest. 
45         (f) The children’s wishes should be taken into 
46  consideration regarding any decisions made concerning their 
47  welfare. 
48         (g) The children’s wishes should be taken into 
49  consideration when decisions are made about their incarcerated 
50  parent. 
51         (h) Children should be well cared for when a parent is 
52  absent due to incarceration. 
53         (i) Children should receive proper support during struggles 
54  with the parent’s incarceration. 
55         (j) Children should not be judged, blamed, or labeled 
56  because of a parent’s incarceration. 
57         (k) Children should receive support for the desire to 
58  retain a relationship with an incarcerated parent, if 
59  appropriate. 
60         (4) APPLICABILITY.—This section does not obligate a state 
61  agency to provide children of incarcerated parents with support 
62  or services, or to give children of incarcerated parents 
63  priority in the delivery of support or services not authorized 
64  by law. 
65         Section 2. This act shall take effect July 1, 2010.