Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. PCS (616958) for SB 1666
Ì543594DÎ543594
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/23/2014 .
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The Committee on Appropriations (Latvala) recommended the
following:
1 Senate Amendment
2
3 Delete lines 2583 - 3329
4 and insert:
5 Section 31. Section 409.988, Florida Statutes, is created
6 to read:
7 409.988 Lead agency duties; general provisions.—
8 (1) DUTIES.—A lead agency:
9 (a) Shall serve all children referred as a result of a
10 report of abuse, neglect, or abandonment to the department’s
11 central abuse hotline, including, but not limited to, children
12 who are the subject of verified reports and children who are not
13 the subject of verified reports but who are at moderate to
14 extremely high risk of abuse, neglect, or abandonment, as
15 determined using the department’s risk assessment instrument,
16 regardless of the level of funding allocated to the lead agency
17 by the state if all related funding is transferred. The lead
18 agency may also serve children who have not been the subject of
19 reports of abuse, neglect, or abandonment, but who are at risk
20 of abuse, neglect, or abandonment, to prevent their entry into
21 the child protection and child welfare system.
22 (b) Shall provide accurate and timely information necessary
23 for oversight by the department pursuant to the child welfare
24 results-oriented accountability system required by s. 409.997.
25 (c) Shall follow the financial guidelines developed by the
26 department and provide for a regular independent auditing of its
27 financial activities. Such financial information shall be
28 provided to the community alliance established under s. 409.998.
29 (d) Shall post on its website the current budget for the
30 lead agency, including the salaries, bonuses, and other
31 compensation paid, by position, for the agency’s chief executive
32 officer, chief financial officer, chief operating officer, or
33 their equivalents.
34 (e) Shall prepare all judicial reviews, case plans, and
35 other reports necessary for court hearings for dependent
36 children, except those related to the investigation of a
37 referral from the department’s child abuse hotline, and shall
38 submit these documents timely to the department’s attorneys for
39 review, any necessary revision, and filing with the court. The
40 lead agency shall make the necessary staff available to
41 department attorneys for preparation for dependency proceedings,
42 and shall provide testimony and other evidence required for
43 dependency court proceedings in coordination with the
44 department’s attorneys. This duty does not include the
45 preparation of legal pleadings or other legal documents, which
46 remain the responsibility of the department.
47 (f) Shall ensure that all individuals providing care for
48 dependent children receive appropriate training and meet the
49 minimum employment standards established by the department.
50 (g) Shall maintain eligibility to receive all available
51 federal child welfare funds.
52 (h) Shall maintain written agreements with Healthy Families
53 Florida lead entities in its service area pursuant to s. 409.153
54 to promote cooperative planning for the provision of prevention
55 and intervention services.
56 (i) Shall comply with federal and state statutory
57 requirements and agency rules in the provision of contractual
58 services.
59 (j) May subcontract for the provision of services required
60 by the contract with the lead agency and the department;
61 however, the subcontracts must specify how the provider will
62 contribute to the lead agency meeting the performance standards
63 established pursuant to the child welfare results-oriented
64 accountability system required by s. 409.997. The lead agency
65 shall directly provide no more than 35 percent of all child
66 welfare services provided.
67 (k) Shall post on its website by the 15th day of each month
68 at a minimum the information contained in subparagraphs 1.-4.
69 for the preceding calendar month regarding its case management
70 services. The following information shall be reported by each
71 individual subcontracted case management provider, by the lead
72 agency, if the lead agency provides case management services,
73 and in total for all case management services subcontracted or
74 directly provided by the lead agency:
75 1. The average caseload of case managers, including only
76 filled positions;
77 2. The turnover rate for case managers and case management
78 supervisors for the previous 12 months;
79 3. The percentage of required home visits completed; and
80 4. Performance on outcome measures required pursuant to s.
81 409.997 for the previous 12 months.
82 (2) LICENSURE.—
83 (a) A lead agency must be licensed as a child-caring or
84 child-placing agency by the department under this chapter.
85 (b) Each foster home, therapeutic foster home, emergency
86 shelter, or other placement facility operated by the lead agency
87 must be licensed by the department under chapter 402 or this
88 chapter.
89 (c) Substitute care providers who are licensed under s.
90 409.175 and who have contracted with a lead agency are also
91 authorized to provide registered or licensed family day care
92 under s. 402.313 if such care is consistent with federal law and
93 if the home has met the requirements of s. 402.313.
94 (d) In order to eliminate or reduce the number of duplicate
95 inspections by various program offices, the department shall
96 coordinate inspections required for licensure of agencies under
97 this subsection.
98 (e) The department may adopt rules to administer this
99 subsection.
100 (3) SERVICES.—A lead agency must serve dependent children
101 through services that are supported by research or are best
102 child welfare practices. The agency may also provide innovative
103 services, including, but not limited to, family-centered,
104 cognitive-behavioral, trauma-informed interventions designed to
105 mitigate out-of-home placements.
106 (4) LEAD AGENCY ACTING AS GUARDIAN.—
107 (a) If a lead agency or other provider has accepted case
108 management responsibilities for a child who is sheltered or
109 found to be dependent and who is assigned to the care of the
110 lead agency or other provider, the agency or provider may act as
111 the child’s guardian for the purpose of registering the child in
112 school if a parent or guardian of the child is unavailable and
113 his or her whereabouts cannot reasonably be ascertained.
114 (b) The lead agency or other provider may also seek
115 emergency medical attention for the child, but only if a parent
116 or guardian of the child is unavailable, the parent or
117 guardian’s whereabouts cannot reasonably be ascertained, and a
118 court order for such emergency medical services cannot be
119 obtained because of the severity of the emergency or because it
120 is after normal working hours.
121 (c) A lead agency or other provider may not consent to
122 sterilization, abortion, or termination of life support.
123 (d) If a child’s parents’ rights have been terminated, the
124 lead agency shall act as guardian of the child in all
125 circumstances.
126 Section 32. Section 409.990, Florida Statutes, is created
127 to read:
128 409.990 Funding for lead agencies.—A contract established
129 between the department and a lead agency must be funded by a
130 grant of general revenue, other applicable state funds, or
131 applicable federal funding sources.
132 (1) The method of payment for a fixed-price contract with a
133 lead agency must provide for a 2-month advance payment at the
134 beginning of each fiscal year and equal monthly payments
135 thereafter.
136 (2) Notwithstanding s. 215.425, all documented federal
137 funds earned for the current fiscal year by the department and
138 lead agencies which exceed the amount appropriated by the
139 Legislature shall be distributed to all entities that
140 contributed to the excess earnings based on a schedule and
141 methodology developed by the department and approved by the
142 Executive Office of the Governor.
143 (a) Distribution shall be pro rata, based on total
144 earnings, and shall be made only to those entities that
145 contributed to excess earnings.
146 (b) Excess earnings of lead agencies shall be used only in
147 the service district in which they were earned.
148 (c) Additional state funds appropriated by the Legislature
149 for lead agencies or made available pursuant to the budgetary
150 amendment process described in s. 216.177 shall be transferred
151 to the lead agencies.
152 (d) The department shall amend a lead agency’s contract to
153 permit expenditure of the funds.
154 (3) Notwithstanding any other provision of this section,
155 the amount of the annual contract for a lead agency may be
156 increased by excess federal funds earned in accordance with s.
157 216.181(11).
158 (4) Each contract with a lead agency shall provide for the
159 payment by the department to the lead agency of a reasonable
160 administrative cost in addition to funding for the provision of
161 services.
162 (5) A lead agency may carry forward documented unexpended
163 state funds from one fiscal year to the next; however, the
164 cumulative amount carried forward may not exceed 8 percent of
165 the total contract. Any unexpended state funds in excess of that
166 percentage must be returned to the department.
167 (a) The funds carried forward may not be used in any way
168 that would create increased recurring future obligations, and
169 such funds may not be used for any type of program or service
170 that is not currently authorized by the existing contract with
171 the department.
172 (b) Expenditures of funds carried forward must be
173 separately reported to the department.
174 (c) Any unexpended funds that remain at the end of the
175 contract period shall be returned to the department.
176 (d) Funds carried forward may be retained through any
177 contract renewals and any new procurements as long as the same
178 lead agency is retained by the department.
179 (6) It is the intent of the Legislature to improve services
180 and local participation in community-based care initiatives by
181 fostering community support and providing enhanced prevention
182 and in-home services, thereby reducing the risk otherwise faced
183 by lead agencies. A community partnership matching grant program
184 is established and shall be operated by the department to
185 encourage local participation in community-based care for
186 children in the child welfare system. A children’s services
187 council or another local entity that makes a financial
188 commitment to a community-based care lead agency may be eligible
189 for a matching grant. The total amount of the local contribution
190 may be matched on a one-to-one basis up to a maximum annual
191 amount of $500,000 per lead agency. Awarded matching grant funds
192 may be used for any prevention or in-home services that can be
193 reasonably expected to reduce the number of children entering
194 the child welfare system. Funding available for the matching
195 grant program is subject to legislative appropriation of
196 nonrecurring funds provided for this purpose.
197 (7)(a) The department, in consultation with the Florida
198 Coalition for Children, Inc., shall develop and implement a
199 community-based care risk pool initiative to mitigate the
200 financial risk to eligible lead agencies. This initiative must
201 include:
202 1. A risk pool application and protocol developed by the
203 department which outlines submission criteria, including, but
204 not limited to, financial and program management, descriptive
205 data requirements, and timeframes for submission of
206 applications. Requests for funding from risk pool applicants
207 must be based on relevant and verifiable service trends and
208 changes that have occurred during the current fiscal year. The
209 application must confirm that expenditure of approved risk pool
210 funds by the lead agency will be completed within the current
211 fiscal year.
212 2. A risk pool peer review committee, appointed by the
213 secretary and consisting of department staff and representatives
214 from at least three nonapplicant lead agencies, which reviews
215 and assesses all risk pool applications. Upon completion of each
216 application review, the peer review committee shall report its
217 findings and recommendations to the secretary, providing, at a
218 minimum, the following information:
219 a. Justification for the specific funding amount required
220 by the risk pool applicant based on the current year’s service
221 trend data, including validation that the applicant’s financial
222 need was caused by circumstances beyond the control of the lead
223 agency management;
224 b. Verification that the proposed use of risk pool funds
225 meets at least one of the purposes specified in paragraph (c);
226 and
227 c. Evidence of technical assistance provided in an effort
228 to avoid the need to access the risk pool and recommendations
229 for technical assistance to the lead agency to ensure that risk
230 pool funds are expended effectively and that the agency’s need
231 for future risk pool funding is diminished.
232 (b) Upon approval by the secretary of a risk pool
233 application, the department may request funds from the risk pool
234 in accordance with s. 216.181(6)(a).
235 (c) The purposes for which the community-based care risk
236 pool shall be used include:
237 1. Significant changes in the number or composition of
238 clients eligible to receive services.
239 2. Significant changes in the services that are eligible
240 for reimbursement.
241 3. Continuity of care in the event of failure,
242 discontinuance of service, or financial misconduct by a lead
243 agency.
244 4. Significant changes in the mix of available funds.
245 (d) The department may also request in its annual
246 legislative budget request, and the Governor may recommend, that
247 the funding necessary to effect paragraph (c) be appropriated to
248 the department. In addition, the department may request the
249 allocation of funds from the community-based care risk pool in
250 accordance with s. 216.181(6)(a). Funds from the pool may be
251 used to match available federal dollars.
252 1. Such funds shall constitute partial security for
253 contract performance by lead agencies and shall be used to
254 offset the need for a performance bond.
255 2. The department may separately require a bond to mitigate
256 the financial consequences of potential acts of malfeasance or
257 misfeasance or criminal violations by the service provider.
258 Section 33. Section 409.16713, Florida Statutes, is
259 transferred, renumbered as section 409.991, Florida Statutes,
260 and paragraph (a) of subsection (1) of that section is amended
261 to read:
262 409.991 409.16713 Allocation of funds for community-based
263 care lead agencies.—
264 (1) As used in this section, the term:
265 (a) “Core services funding” means all funds allocated to
266 community-based care lead agencies operating under contract with
267 the department pursuant to s. 409.987 s. 409.1671, with the
268 following exceptions:
269 1. Funds appropriated for independent living;
270 2. Funds appropriated for maintenance adoption subsidies;
271 3. Funds allocated by the department for protective
272 investigations training;
273 4. Nonrecurring funds;
274 5. Designated mental health wrap-around services funds; and
275 6. Funds for special projects for a designated community
276 based care lead agency.
277 Section 34. Section 409.992, Florida Statutes, is created
278 to read:
279 409.992 Lead agency expenditures.—
280 (1) The procurement of commodities or contractual services
281 by lead agencies shall be governed by the financial guidelines
282 developed by the department and must comply with applicable
283 state and federal law and follow good business practices.
284 Pursuant to s. 11.45, the Auditor General may provide technical
285 advice in the development of the financial guidelines.
286 (2) Notwithstanding any other provision of law, a
287 community-based care lead agency may make expenditures for staff
288 cellular telephone allowances, contracts requiring deferred
289 payments and maintenance agreements, security deposits for
290 office leases, related agency professional membership dues other
291 than personal professional membership dues, promotional
292 materials, and grant writing services. Expenditures for food and
293 refreshments, other than those provided to clients in the care
294 of the agency or to foster parents, adoptive parents, and
295 caseworkers during training sessions, are not allowable.
296 (3) A lead community-based care agency and its
297 subcontractors are exempt from state travel policies as provided
298 in s. 112.061(3)(a) for their travel expenses incurred in order
299 to comply with the requirements of this section.
300 Section 35. Section 409.993, Florida Statutes, is created
301 to read:
302 409.993 Lead agencies and subcontractor liability.—
303 (1) FINDINGS.—
304 (a) The Legislature finds that the state has traditionally
305 provided foster care services to children who are the
306 responsibility of the state. As such, foster children have not
307 had the right to recover for injuries beyond the limitations
308 specified in s. 768.28. The Legislature has determined that
309 foster care and related services should be outsourced pursuant
310 to this section and that the provision of such services is of
311 paramount importance to the state. The purpose of such
312 outsourcing is to increase the level of safety, security, and
313 stability of children who are or become the responsibility of
314 the state. One of the components necessary to secure a safe and
315 stable environment for such children is the requirement that
316 private providers maintain liability insurance. As such,
317 insurance needs to be available and remain available to
318 nongovernmental foster care and related services providers
319 without the resources of such providers being significantly
320 reduced by the cost of maintaining such insurance.
321 (b) The Legislature further finds that, by requiring the
322 following minimum levels of insurance, children in outsourced
323 foster care and related services will gain increased protection
324 and rights of recovery in the event of injury than currently
325 provided in s. 768.28.
326 (2) LEAD AGENCY LIABILITY.—
327 (a) Other than an entity to which s. 768.28 applies, an
328 eligible community-based care lead agency, or its employees or
329 officers, except as otherwise provided in paragraph (b), shall,
330 as a part of its contract, obtain general liability insurance
331 coverage sufficient to pay any successful tort action up to the
332 liability caps established in this subsection. In a tort action
333 brought against such an eligible community-based care lead
334 agency or employee, net economic damages shall be limited to $2
335 million per liability claim and $200,000 per automobile claim,
336 including, but not limited to, past and future medical expenses,
337 wage loss, and loss of earning capacity, offset by any
338 collateral source payment paid or payable. In any tort action
339 brought against such an eligible community-based care lead
340 agency, noneconomic damages shall be limited to $400,000 per
341 claim. A claims bill may be brought on behalf of a claimant
342 pursuant to s. 768.28 for any amount exceeding the limits
343 specified in this paragraph. Any offset of collateral source
344 payments made as of the date of the settlement or judgment shall
345 be in accordance with s. 768.76. The community-based care lead
346 agency is not liable in tort for the acts or omissions of its
347 subcontractors or the officers, agents, or employees of its
348 subcontractors.
349 (b) The liability of an eligible community-based care lead
350 agency described in this section shall be exclusive and in place
351 of all other liability of such lead agency. The same immunities
352 from liability enjoyed by such lead agencies shall extend to
353 each employee of the lead agency if he or she is acting in
354 furtherance of the lead agency’s business, including the
355 transportation of clients served, as described in this
356 subsection, in privately owned vehicles. Such immunities are not
357 applicable to a lead agency or an employee who acts in a
358 culpably negligent manner or with willful and wanton disregard
359 or unprovoked physical aggression if such acts result in injury
360 or death or such acts proximately cause such injury or death.
361 Such immunities are not applicable to employees of the same lead
362 agency when each is operating in the furtherance of the agency’s
363 business, but they are assigned primarily to unrelated work
364 within private or public employment. The same immunity
365 provisions enjoyed by a lead agency also apply to any sole
366 proprietor, partner, corporate officer or director, supervisor,
367 or other person who, in the course and scope of his or her
368 duties, acts in a managerial or policymaking capacity and the
369 conduct that caused the alleged injury arose within the course
370 and scope of those managerial or policymaking duties. As used in
371 this subsection and subsection (3), the term “culpably negligent
372 manner” means reckless indifference or grossly careless
373 disregard of human life.
374 (3) SUBCONTRACTOR LIABILITY.—
375 (a) A subcontractor of an eligible community-based care
376 lead agency that is a direct provider of foster care and related
377 services to children and families, and its employees or
378 officers, except as otherwise provided in paragraph (b), must,
379 as a part of its contract, obtain general liability insurance
380 coverage sufficient to pay any successful tort action up to the
381 liability caps established in this subsection. In a tort action
382 brought against such subcontractor or employee, net economic
383 damages shall be limited to $2 million per liability claim and
384 $200,000 per automobile claim, including, but not limited to,
385 past and future medical expenses, wage loss, and loss of earning
386 capacity, offset by any collateral source payment paid or
387 payable. In a tort action brought against such subcontractor,
388 noneconomic damages shall be limited to $400,000 per claim. A
389 claims bill may be brought on behalf of a claimant pursuant to
390 s. 768.28 for any amount exceeding the limits specified in this
391 paragraph. Any offset of collateral source payments made as of
392 the date of the settlement or judgment shall be in accordance
393 with s. 768.76.
394 (b) The liability of a subcontractor of an eligible
395 community-based care lead agency that is a direct provider of
396 foster care and related services as described in this section is
397 exclusive and in place of all other liability of such provider.
398 The same immunities from liability enjoyed by such subcontractor
399 provider extend to each employee of the subcontractor when such
400 employee is acting in furtherance of the subcontractor’s
401 business, including the transportation of clients served, as
402 described in this subsection, in privately owned vehicles. Such
403 immunities are not applicable to a subcontractor or an employee
404 who acts in a culpably negligent manner or with willful and
405 wanton disregard or unprovoked physical aggression if such acts
406 result in injury or death or if such acts proximately cause such
407 injury or death. Such immunities are not applicable to employees
408 of the same subcontractor who are operating in the furtherance
409 of the subcontractor’s business but are assigned primarily to
410 unrelated works within private or public employment. The same
411 immunity provisions enjoyed by a subcontractor also apply to any
412 sole proprietor, partner, corporate officer or director,
413 supervisor, or other person who, in the course and scope of his
414 or her duties, acts in a managerial or policymaking capacity and
415 the conduct that caused the alleged injury arose within the
416 course and scope of those managerial or policymaking duties.
417 (4) LIMITATIONS ON DAMAGES.—The Legislature is cognizant of
418 the increasing costs of goods and services each year and
419 recognizes that fixing a set amount of compensation has the
420 effect of a reduction in compensation each year. Accordingly,
421 the conditional limitations on damages in this section shall be
422 increased at the rate of 5 percent each year, prorated from July
423 1, 2014, to the date at which damages subject to such
424 limitations are awarded by final judgment or settlement.
425 Section 36. Section 409.1675, Florida Statutes, is
426 transferred, renumbered as section 409.994, Florida Statutes,
427 and amended to read:
428 409.994 409.1675 Lead Community-based care lead agencies
429 providers; receivership.—
430 (1) The Department of Children and Families Family Services
431 may petition a court of competent jurisdiction for the
432 appointment of a receiver for a lead community-based care lead
433 agency provider established pursuant to s. 409.987 if s.
434 409.1671 when any of the following conditions exist:
435 (a) The lead agency community-based provider is operating
436 without a license as a child-placing agency.
437 (b) The lead agency community-based provider has given less
438 than 120 days’ notice of its intent to cease operations, and
439 arrangements have not been made for another lead agency
440 community-based provider or for the department to continue the
441 uninterrupted provision of services.
442 (c) The department determines that conditions exist in the
443 lead agency community-based provider which present an imminent
444 danger to the health, safety, or welfare of the dependent
445 children under that agency’s provider’s care or supervision.
446 Whenever possible, the department shall make a reasonable effort
447 to facilitate the continued operation of the program.
448 (d) The lead agency community-based provider cannot meet
449 its current financial obligations to its employees, contractors,
450 or foster parents. Issuance of bad checks or the existence of
451 delinquent obligations for payment of salaries, utilities, or
452 invoices for essential services or commodities shall constitute
453 prima facie evidence that the lead agency community-based
454 provider lacks the financial ability to meet its financial
455 obligations.
456 (2)(a) The petition for receivership shall take precedence
457 over other court business unless the court determines that some
458 other pending proceeding, having statutory precedence, has
459 priority.
460 (b) A hearing shall be conducted within 5 days after the
461 filing of the petition, at which time interested parties shall
462 have the opportunity to present evidence as to whether a
463 receiver should be appointed. The department shall give
464 reasonable notice of the hearing on the petition to the lead
465 agency community-based provider.
466 (c) The court shall grant the petition upon finding that
467 one or more of the conditions in subsection (1) exists and the
468 continued existence of the condition or conditions jeopardizes
469 the health, safety, or welfare of dependent children. A receiver
470 may be appointed ex parte when the court determines that one or
471 more of the conditions in subsection (1) exists. After such
472 finding, the court may appoint any person, including an employee
473 of the department who is qualified by education, training, or
474 experience to carry out the duties of the receiver pursuant to
475 this section, except that the court may shall not appoint any
476 member of the governing board or any officer of the lead agency
477 community-based provider. The receiver may be selected from a
478 list of persons qualified to act as receivers which is developed
479 by the department and presented to the court with each petition
480 of receivership.
481 (d) A receiver may be appointed for up to 90 days, and the
482 department may petition the court for additional 30-day
483 extensions. Sixty days after appointment of a receiver and every
484 30 days thereafter until the receivership is terminated, the
485 department shall submit to the court an assessment of the lead
486 agency’s community-based provider’s ability to ensure the
487 health, safety, and welfare of the dependent children under its
488 supervision.
489 (3) The receiver shall take such steps as are reasonably
490 necessary to ensure the continued health, safety, and welfare of
491 the dependent children under the supervision of the lead agency
492 community-based provider and shall exercise those powers and
493 perform those duties set out by the court, including, but not
494 limited to:
495 (a) Taking such action as is reasonably necessary to
496 protect or conserve the assets or property of the lead agency
497 community-based provider. The receiver may use the assets and
498 property and any proceeds from any transfer thereof only in the
499 performance of the powers and duties provided set forth in this
500 section and by order of the court.
501 (b) Using the assets of the lead agency community-based
502 provider in the provision of care and services to dependent
503 children.
504 (c) Entering into contracts and hiring agents and employees
505 to carry out the powers and duties of the receiver under this
506 section.
507 (d) Having full power to direct, manage, hire, and
508 discharge employees of the lead agency community-based provider.
509 The receiver shall hire and pay new employees at the rate of
510 compensation, including benefits, approved by the court.
511 (e) Honoring all leases, mortgages, and contractual
512 obligations of the lead agency community-based provider, but
513 only to the extent of payments that become due during the period
514 of the receivership.
515 (4)(a) The receiver shall deposit funds received in a
516 separate account and shall use this account for all
517 disbursements.
518 (b) A payment to the receiver of any sum owing to the lead
519 agency community-based provider shall discharge any obligation
520 to the provider to the extent of the payment.
521 (5) A receiver may petition the court for temporary relief
522 from obligations entered into by the lead agency community-based
523 provider if the rent, price, or rate of interest required to be
524 paid under the agreement was substantially in excess of a
525 reasonable rent, price, or rate of interest at the time the
526 contract was entered into, or if any material provision of the
527 agreement was unreasonable when compared to contracts negotiated
528 under similar conditions. Any relief in this form provided by
529 the court shall be limited to the life of the receivership,
530 unless otherwise determined by the court.
531 (6) The court shall set the compensation of the receiver,
532 which shall be considered a necessary expense of a receivership
533 and may grant to the receiver such other authority necessary to
534 ensure the health, safety, and welfare of the children served.
535 (7) A receiver may be held liable in a personal capacity
536 only for the receiver’s own gross negligence, intentional acts,
537 or breaches of fiduciary duty. This section may shall not be
538 interpreted to be a waiver of sovereign immunity should the
539 department be appointed receiver.
540 (8) If the receiver is not the department, the court may
541 require a receiver to post a bond to ensure the faithful
542 performance of these duties.
543 (9) The court may terminate a receivership when:
544 (a) The court determines that the receivership is no longer
545 necessary because the conditions that gave rise to the
546 receivership no longer exist; or
547 (b) The department has entered into a contract with a new
548 lead agency community-based provider pursuant to s. 409.987 s.
549 409.1671, and that contractor is ready and able to assume the
550 duties of the previous lead agency provider.
551 (10) Within 30 days after the termination, unless this time
552 period is extended by the court, the receiver shall give the
553 court a complete accounting of all property of which the
554 receiver has taken possession, of all funds collected and
555 disbursed, and of the expenses of the receivership.
556 (11) Nothing in This section does not shall be construed to
557 relieve any employee of the lead agency community-based provider
558 placed in receivership of any civil or criminal liability
559 incurred, or any duty imposed by law, by reason of acts or
560 omissions of the employee before prior to the appointment of a
561 receiver, and; nor shall anything contained in this section does
562 not be construed to suspend during the receivership any
563 obligation of the employee for payment of taxes or other
564 operating or maintenance expenses of the lead agency community
565 based provider or for the payment of mortgages or liens. The
566 lead agency community-based provider shall retain the right to
567 sell or mortgage any facility under receivership, subject to the
568 prior approval of the court that ordered the receivership.
569 Section 37. Section 409.996, Florida Statutes, is created
570 to read:
571 409.996 Duties of the Department of Children and Families.
572 The department shall contract for the delivery, administration,
573 or management of care for children in the child protection and
574 child welfare system. In doing so, the department retains
575 responsibility for the quality of contracted services and
576 programs and shall ensure that services are delivered in
577 accordance with applicable federal and state statutes and
578 regulations.
579 (1) The department shall enter into contracts with lead
580 agencies for the performance of the duties by the lead agencies
581 pursuant to s. 409.988. At a minimum, the contracts must:
582 (a) Provide for the services needed to accomplish the
583 duties established in s. 409.988 and provide information to the
584 department which is necessary to meet the requirements for a
585 quality assurance program pursuant to subsection (18) and the
586 child welfare results-oriented accountability system pursuant to
587 s. 409.997.
588 (b) Provide for graduated penalties for failure to comply
589 with contract terms. Such penalties may include financial
590 penalties, enhanced monitoring and reporting, corrective action
591 plans, and early termination of contracts or other appropriate
592 action to ensure contract compliance.
593 (c) Ensure that the lead agency shall furnish current and
594 accurate information on its activities in all cases in client
595 case records in the state’s statewide automated child welfare
596 information system.
597 (d) Specify the procedures to be used by the parties to
598 resolve differences in interpreting the contract or to resolve
599 disputes as to the adequacy of the parties’ compliance with
600 their respective obligations under the contract.
601 (2) The department must adopt written policies and
602 procedures for monitoring the contract for delivery of services
603 by lead agencies which must be posted on the department’s
604 website. These policies and procedures must, at a minimum,
605 address the evaluation of fiscal accountability and program
606 operations, including provider achievement of performance
607 standards, provider monitoring of subcontractors, and timely
608 followup of corrective actions for significant monitoring
609 findings related to providers and subcontractors. These policies
610 and procedures must also include provisions for reducing the
611 duplication of the department’s program monitoring activities
612 both internally and with other agencies, to the extent possible.
613 The department’s written procedures must ensure that the written
614 findings, conclusions, and recommendations from monitoring the
615 contract for services of lead agencies are communicated to the
616 director of the provider agency and the community alliance as
617 expeditiously as possible.
618 (3) The department shall receive federal and state funds as
619 appropriated for the operation of the child welfare system and
620 shall transmit these funds to the lead agencies as agreed to in
621 the contract. The department retains responsibility for the
622 appropriate spending of these funds. The department shall
623 monitor lead agencies to assess compliance with the financial
624 guidelines established pursuant to s. 409.992 and other
625 applicable state and federal laws.
626 (4) The department shall provide technical assistance and
627 consultation to lead agencies in the provision of care to
628 children in the child protection and child welfare system.
629 (5) The department retains the responsibility for the
630 review, approval or denial, and issuances of all foster home
631 licenses.
632 (6) The department shall process all applications submitted
633 by lead agencies for the Interstate Compact on the Placement of
634 Children and the Interstate Compact on Adoption and Medical
635 Assistance.
636 (7) The department shall assist lead agencies with access
637 to and coordination with other service programs within the
638 department.
639 (8) The department shall determine Medicaid eligibility for
640 all referred children and shall coordinate services with the
641 Agency for Health Care Administration.
642 (9) The department shall develop, in cooperation with the
643 lead agencies and the third-party credentialing entity approved
644 pursuant to s. 402.40(3), a standardized competency-based
645 curriculum for certification training for child protection
646 staff.
647 (10) The department shall maintain the statewide adoptions
648 website and provide information and training to the lead
649 agencies relating to the website.
650 (11) The department shall provide training and assistance
651 to lead agencies regarding the responsibility of lead agencies
652 relating to children receiving supplemental security income,
653 social security, railroad retirement, or veterans’ benefits.
654 (12) With the assistance of a lead agency, the department
655 shall develop and implement statewide and local interagency
656 agreements needed to coordinate services for children and
657 parents involved in the child welfare system who are also
658 involved with the Agency for Persons with Disabilities, the
659 Department of Juvenile Justice, the Department of Education, the
660 Department of Health, and other governmental organizations that
661 share responsibilities for children or parents in the child
662 welfare system.
663 (13) With the assistance of a lead agency, the department
664 shall develop and implement a working agreement between the lead
665 agency and the substance abuse and mental health managing entity
666 to integrate services and supports for children and parents
667 serviced in the child welfare system.
668 (14) The department shall work with the Agency for Health
669 Care Administration to provide each Medicaid-eligible child with
670 early and periodic screening, diagnosis, and treatment,
671 including 72-hour screening, periodic child health checkups, and
672 prescribed followup for ordered services, including, but not
673 limited to, medical, dental, and vision care.
674 (15) The department shall assist lead agencies in
675 developing an array of services in compliance with the Title IV
676 E waiver and shall monitor the provision of such services.
677 (16) The department shall provide a mechanism to allow lead
678 agencies to request a waiver of department policies and
679 procedures that create inefficiencies or inhibit the performance
680 of the lead agency’s duties.
681 (17) The department shall directly or through contract
682 provide attorneys to prepare and present cases in dependency
683 court and shall ensure that the court is provided with adequate
684 information for informed decisionmaking in dependency cases,
685 including a fact sheet for each case which lists the names and
686 contact information for any child protective investigator, child
687 protective investigation supervisor, case manager, and case
688 manager supervisor, and the regional department official
689 responsible for the lead agency contract. For the Sixth Judicial
690 Circuit, the department shall contract with the state attorney
691 for the provision of these services.
692 (18) The department, in consultation with lead agencies,
693 shall establish a quality assurance program for contracted
694 services to dependent children. The quality assurance program
695 shall be based on standards established by federal and state law
696 and national accrediting organizations.
697 (a) The department must evaluate each lead agency under
698 contract at least annually. These evaluations shall cover the
699 programmatic, operational, and fiscal operations of the lead
700 agency and must be consistent with the child welfare results
701 oriented accountability system required by s. 409.997. The
702 department must consult with dependency judges in the circuit or
703 circuits served by the lead agency on the performance of the
704 lead agency.
705 (b) The department and each lead agency shall monitor out
706 of-home placements, including the extent to which sibling groups
707 are placed together or provisions to provide visitation and
708 other contacts if siblings are separated. The data shall
709 identify reasons for sibling separation. Information related to
710 sibling placement shall be incorporated into the results
711 oriented accountability system required pursuant to s. 409.997
712 and in the evaluation of the outcome specified in s.
713 409.986(2)(e). The information related to sibling placement
714 shall also be made available to the institute established
715 pursuant s. 1004.615 for use in assessing the performance of
716 child welfare services in relation to the outcome specified in
717 s. 409.986(2)(e).
718 (c) The department shall, to the extent possible, use
719 independent financial audits provided by the lead agency to
720 eliminate or reduce the ongoing contract and administrative
721 reviews conducted by the department. If the department
722 determines that such independent financial audits are
723 inadequate, other audits, as necessary, may be conducted by the
724 department. This paragraph does not abrogate the requirements of
725 s. 215.97.
726 (d) The department may suggest additional items to be
727 included in such independent financial audits to meet the
728 department’s needs.
729 (e) The department may outsource programmatic,
730 administrative, or fiscal monitoring oversight of lead agencies.
731 (f) A lead agency must assure that all subcontractors are
732 subject to the same quality assurance activities as the lead
733 agency.
734 (19) The department and its attorneys have the
735 responsibility to ensure that the court is fully informed about
736 issues before it, to make recommendations to the court, and to
737 present competent evidence, including testimony by the
738 department’s employees, contractors, and subcontractors, as well
739 as other individuals, to support all recommendations made to the
740 court. The department’s attorneys shall coordinate lead agency
741 or subcontractor staff to ensure that dependency cases are
742 presented appropriately to the court.