The Florida Legislature set aside the first Sunday of April each year as Parents' and Children's Day, a day when we are encouraged to "celebrate the lives and blessings of Florida's children with love, respect, gratitude, and encouragement; to acknowledge our children as the resource giving our State the greatest hope of future excellence." (§683.17 Florida Statute).
A quick search of Florida Statutes returns 984 instances of inclusion of the word "children" — statutes that refer specifically to the safety, welfare, rights and restrictions that affect children. In honor of Parents' and Children's Day, let's take a quick look at just a few current legal issues affecting the welfare of our children.
There has been a lot of discussion about the legal definition of a family in recent years. As courts continue to struggle with the rights and responsibilities of caregivers in non-traditional families, most of us agree that strong families play a big role in raising healthy kids.
What happens when a child can no longer stay with a parent or caregiver? Sadly, during May and June 2013, seven children in Florida who had been served or investigated by Florida's Department of Children and Families (DCF) died from some form of abuse. It has been reported that more than 430 children have died from abuse in this state since 2007.
There can never be too many people watching these kids, and Section 39, Florida Statues, is all about providing for the care, safety and protection of children.
Sometimes, removing a child from the home is the only way to keep a child safe. When removal is necessary, the clock starts ticking on finding a permanent solution to provide the child a safe home where he or she can grow and flourish.
These kids are often at a crossroads and need special care. In April, attorneys and others providing services for these children are encouraged to attend a program entitled, "Adoption, Dependency and Guardianship: Our Children at the Crossroads." Watch for registration to open on The JBA website.
In a system that is designed to protect, we often forget to "let kids be kids." Important legislation was passed and enacted late in 2013 that gives children in out-of-home care the right to be kids — to sleep over with a friend, play sports, go to prom — without first seeking court approval.
Caregivers can now approve age-appropriate activities under a "reasonable and prudent parent" standard that is defined by statute. Other legislation addressed support available to kids aging out of foster care into young adulthood.
Working with Jacksonville Area Legal Aid, the JBA Legal Needs of Children Committee and the attorney ad litem subcommittee continue to recruit, train and educate local attorneys to represent kids. These attorney volunteers help protect the express interest of the child-client, making sure children have a voice — helping kids be kids — as we continue to try to keep them safe. If you would like to join this effort, contact The Jacksonville Bar Association or Jacksonville Area Legal Aid.
Kids, like adults, do not always act as they should, and more serious misdeeds can result in court involvement. At the local, state and national level, lawmakers and law enforcement struggle with finding an appropriate balance between keeping all of us safe, correcting illegal and inappropriate behavior, and protecting the rights of children.
A balance of power is critical to accomplishing these sometimes conflicting needs.
Rob Mason, director of the juvenile division of the 4th Circuit Public Defender's Office, and chairman of The Jacksonville Bar Association Delinquency Committee, has been involved in juvenile justice for many years.
He is concerned about the number of children who are prosecuted as adults or spend time in secure juvenile facilities as a result of plea bargains in which the state has an unfair advantage because of current laws that allow unbridled prosecutorial discretion whether a child should be prosecuted as an adult.
Mason believes these plea bargains often happen because of the threat of the child being transferred to adult court, and supports a change in the law that would allow the judiciary to be solely responsible for making the decision as to whether a child is prosecuted in juvenile or adult court.
As this issue continues to unfold, we should all be watching the kids — looking for ways to fairly balance children's rights with a need to create a safe city for all of us.
There are so many other issues — social and legal — affecting our children. There are opportunities for every citizen to take part in shaping our children and, in turn, shaping our future. As we celebrate Parents' and Children's Day this year, consider what you can to do to watch the kids.