Bill
Number: S.B. 1487
Farnsworth E Floor Amendment
Reference to: printed bill
Amendment drafted by: Jake Agron
FLOOR AMENDMENT EXPLANATION
1. Removes the immunity from civil liability granted to a parent or out-of-home placement provider who bring into the home a child whose behavioral health needs pose a risk to other family members for acts or omissions while acting as a biological, foster or adoptive parent or acts or omissions of the child while in their care.
2. Removes the immunity from civil liability granted to an out-of-home placement provider for any act or omission in allowing a child in their care to participate in an age or developmentally appropriate activity.
3. Removes the authorization for a parent or out-of-home placement provider who perceives a danger to the safety and security of household members, pets or property to use reasonable force to protect the household members, pets or property.
4. Requires Department of Child Safety (DCS) to establish guidelines and training for foster parents to address situations where a child is a danger to siblings or animals that reside in the household by December 31, 2020.
5. Removes the requirements that DCS, in response to an allegation of abuse made against an out-of-home placement provider where a child is not at risk of significant harm:
a) provide the out-of-home placement provider with the same safeguards and procedures statutorily provided to a parent who is alleged to have committed abuse;
b) inform the out-of-home placement provider of the right to an attorney, including an appointed attorney if the out-of-home placement provider is indigent; and
c) investigate the allegation in person.
6. Specifies that video records of meetings and interviews conducted as part of an investigation involving an allegation of abuse made against an out-of-home placement provider must be available to any party on request after the conclusion of the investigation.
7. Removes the requirement that DCS provide an out-of-home placement provider the opportunity to participate in services that address abuse issues prior to entering the out-of-home provider's substantiated abuse allegation into the DCS Central Registry.
8. Removes the prohibition on DCS from recording an abuse allegation in the DCS Central Registry or requiring an out-of-home placement provider to take any additional action or training to maintain licensure, if the out-of-placement provider successfully completes services to address abuse issues.
9. Specifies that DCS must hold a conflict resolution conference if an allegation is made against an out-of-home placement provider other than abuse and the out‑of-home placement provider is found in violation of other applicable laws and administrative codes listed in the child welfare policy and procedure manual.
10. Adds a contracted licensing agency provider, if applicable, to the list of conflict resolution conference participants.
11. Allows court-appointed special advocates to be conflict resolution conference participants in the place of two members of a local foster care review board.
12. Removes the requirement that a conflict resolution conference process include an identification of civil liability exemptions.
13. Removes the authorization for an out-of-home placement provider who disputes DCS's determinations on an allegation other than abuse to file a written request for a hearing with a presiding juvenile court judge.
14. Makes technical and conforming changes.