Florida Senate - 2014 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 1666
Ì616958\Î616958
576-03666-14
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Health and Human Services)
1 A bill to be entitled
2 An act relating to child welfare; amending s. 20.19,
3 F.S.; requiring the Secretary of Children and Families
4 to appoint an Assistant Secretary for Child Welfare;
5 providing qualifications and responsibilities;
6 revising duties, appointment, and membership of
7 community alliances; requiring the Department of
8 Children and Families to appoint a statewide advisory
9 committee to provide specified assistance to community
10 alliances; amending s. 39.001, F.S.; revising the
11 purposes of ch. 39, F.S.; requiring the department to
12 provide for certain services for medically complex
13 children; amending s. 39.01, F.S.; providing,
14 revising, and deleting definitions; amending s.
15 39.013, F.S.; clarifying responsibilities of the
16 department in dependency proceedings; amending s.
17 39.201, F.S.; requiring alleged incidents of juvenile
18 sexual abuse involving specified children to be
19 reported to the department’s central abuse hotline;
20 requiring the department to provide specified
21 information on an investigation of child sexual abuse
22 to the court; creating s. 39.2015, F.S.; requiring the
23 department to conduct specified investigations using
24 critical incident rapid response teams; providing
25 requirements for such investigations and for team
26 membership; authorizing team access to specified
27 information; requiring the cooperation of specified
28 agencies and organizations; providing for
29 reimbursement of team members; requiring the team to
30 provide an investigation report; requiring the
31 secretary to develop guidelines for investigations and
32 provide team member training; requiring the secretary
33 to appoint an advisory committee; requiring the
34 committee to submit a report to the secretary;
35 requiring the secretary to submit such report to the
36 Governor and the Legislature by a specified date;
37 creating s. 39.2022, F.S.; providing legislative
38 intent; requiring the department to publish specified
39 information on its website regarding the death of a
40 child reported to the central abuse hotline; amending
41 s. 39.301, F.S.; authorizing the use of safety plans
42 in child protection investigations in cases of present
43 or impending danger; providing requirements for
44 implementation of a safety plan; providing conditions
45 for filing a petition for dependency; amending s.
46 39.303, F.S.; requiring physician involvement when a
47 child protection team evaluates a report of medical
48 neglect of a medically complex child; creating s.
49 39.3068, F.S.; providing requirements for
50 investigating medical neglect; providing duties of the
51 department; amending s. 39.307, F.S.; requiring the
52 department to assist the family, child, and caregiver
53 in receiving services upon a report alleging juvenile
54 sexual abuse or inappropriate sexual behavior;
55 requiring the department to maintain specified
56 records; requiring child sexual abuse to be taken into
57 account in placement consideration; requiring the
58 department to monitor the occurrence of child sexual
59 abuse and related services; amending s. 39.402, F.S.;
60 requiring the department to make a reasonable effort
61 to keep siblings together when they are placed in out
62 of-home care under certain circumstances; providing
63 for sibling visitation under certain conditions;
64 amending s. 39.501, F.S.; requiring compliance with a
65 safety plan to be considered when deciding a petition
66 for dependency; amending s. 39.504, F.S.; authorizing
67 the court to order a person to comply with a safety
68 plan that is implemented in an injunction; amending s.
69 39.5085, F.S.; revising legislative intent;
70 authorizing placement of a child with a nonrelative
71 caregiver and financial assistance for such
72 nonrelative caregiver through the Relative Caregiver
73 Program under certain circumstances; amending s.
74 39.604, F.S.; requiring certain children to attend a
75 licensed early education or child care program;
76 requiring the inclusion of attendance at a licensed
77 early education or child care program in a child’s
78 safety plan; amending s. 39.701, F.S.; requiring the
79 court to consider contact among siblings in judicial
80 reviews; authorizing the court to remove specified
81 disabilities of nonage at judicial reviews; amending
82 s. 39.802, F.S.; removing department authorization to
83 sign a petition for termination of parental rights;
84 amending s. 63.212, F.S.; requiring a person who
85 places an advertisement for adoption services to
86 provide specified information; amending s. 383.402,
87 F.S.; requiring review of all child deaths reported to
88 the department’s central abuse hotline; revising the
89 due date for a report; amending s. 402.40, F.S.;
90 requiring a third-party credentialing entity to
91 establish an advisory committee; authorizing the
92 department to approve certification of
93 specializations; creating s. 402.402, F.S.; defining
94 terms; providing education and specialized training
95 requirements for child protection and child welfare
96 personnel; providing training requirements for
97 department attorneys; creating s. 402.403, F.S.;
98 establishing a tuition exemption program for child
99 protective and child welfare personnel; providing
100 eligibility requirements; creating s. 402.404, F.S.;
101 establishing a student loan forgiveness program for
102 child protective investigators and supervisors;
103 providing eligibility requirements; authorizing
104 community-based care lead agencies to provide student
105 loan forgiveness to case managers employed by a
106 community-based care lead agency or its subcontractor;
107 amending s. 409.165, F.S.; enhancing provision of care
108 to medically complex children; amending s. 409.967,
109 F.S.; revising standards for Medicaid managed care
110 plan accountability with respect to services for
111 dependent children; amending s. 409.972, F.S.;
112 exempting certain Medicaid recipients from mandatory
113 enrollment in managed care plans; providing a
114 directive to the Division of Law Revision and
115 Information; creating part V of ch. 409, F.S.;
116 creating s. 409.986, F.S.; providing legislative
117 findings and intent; providing child protection and
118 child welfare outcome goals; defining terms; creating
119 s. 409.987, F.S.; providing for department procurement
120 of community-based care lead agencies; providing
121 requirements for contracting as a lead agency;
122 creating s. 409.988, F.S.; providing duties of a
123 community-based care lead agency; providing licensure
124 requirements for a lead agency; specifying services
125 provided by a lead agency; providing conditions for an
126 agency or provider to act as a child’s guardian;
127 creating s. 409.990, F.S.; providing general funding
128 provisions for lead agencies; providing for a matching
129 grant program and the maximum amount of funds that may
130 be awarded; requiring the department to develop and
131 implement a community-based care risk pool initiative;
132 providing requirements for the risk pool;
133 transferring, renumbering, and amending s. 409.16713,
134 F.S.; transferring provisions relating to the
135 allocation of funds for community-based lead care
136 agencies; conforming a cross-reference; creating s.
137 409.992, F.S.; providing requirements for community
138 based care lead agency expenditures; creating s.
139 409.993, F.S.; providing legislative findings;
140 providing for lead agency and subcontractor liability;
141 providing limitations on damages; transferring,
142 renumbering, and amending s. 409.1675, F.S.;
143 transferring provisions relating to receivership from
144 community-based providers to lead agencies; conforming
145 cross-references and terminology; creating s. 409.996,
146 F.S.; providing duties of the department relating to
147 community-based care and lead agencies; creating s.
148 409.997, F.S.; providing outcome goals for the
149 department and specified entities with respect to the
150 delivery of child welfare services; requiring the
151 department to maintain an accountability system;
152 requiring the department to establish a technical
153 advisory panel; requiring the department to make the
154 results of the accountability system public; requiring
155 a report to the Governor and the Legislature by a
156 specified date; creating s. 409.998, F.S.; providing
157 for assessment of community-based care by community
158 alliances; creating s. 827.10, F.S.; providing
159 definitions; establishing the criminal offense of
160 unlawful desertion of a child; providing criminal
161 penalties; providing exceptions; amending s. 985.04,
162 F.S.; conforming terminology; creating s. 1004.615,
163 F.S.; establishing the Florida Institute for Child
164 Welfare; providing purpose, duties, and
165 responsibilities of the institute; requiring the
166 institute to contract and work with specified
167 entities; providing for the administration of the
168 institute; requiring reports to the Governor and the
169 Legislature by specified dates; amending s. 1009.25,
170 F.S.; exempting specified child protective
171 investigators and child protective investigation
172 supervisors from certain tuition and fee requirements;
173 repealing s. 402.401, F.S., relating to child welfare
174 worker student loan forgiveness; repealing s.
175 409.1671, F.S., relating to outsourcing of foster care
176 and related services; repealing s. 409.16715, F.S.,
177 relating to certain therapy for foster children;
178 repealing s. 409.16745, F.S., relating to the
179 community partnership matching grant program;
180 repealing s. 1004.61, F.S., relating to a partnership
181 between the Department of Children and Families and
182 state universities; amending ss. 39.201, 39.302,
183 39.524, 316.613, 409.1676, 409.1677, 409.1678,
184 409.906, 409.912, 409.91211, 420.628, and 960.065,
185 F.S.; conforming cross-references; providing an
186 effective date.
187
188 Be It Enacted by the Legislature of the State of Florida:
189
190 Section 1. Present subsections (3) through (5) of section
191 20.19, Florida Statutes, are renumbered as subsections (4)
192 through (6), respectively, subsection (2) and present subsection
193 (4) are amended, and a new subsection (3) is added to that
194 section, to read:
195 20.19 Department of Children and Families.—There is created
196 a Department of Children and Families.
197 (2) SECRETARY OF CHILDREN AND FAMILIES; DEPUTY SECRETARY.—
198 (a) The head of the department is the Secretary of Children
199 and Families. The secretary is appointed by the Governor,
200 subject to confirmation by the Senate. The secretary serves at
201 the pleasure of the Governor.
202 (b) The secretary shall appoint a deputy secretary who
203 shall act in the absence of the secretary. The deputy secretary
204 is directly responsible to the secretary, performs such duties
205 as are assigned by the secretary, and serves at the pleasure of
206 the secretary.
207 (3) ASSISTANT SECRETARIES.—
208 (a) Child welfare.—
209 1. The secretary shall appoint an Assistant Secretary for
210 Child Welfare to lead the department in carrying out its duties
211 and responsibilities for child protection and child welfare. The
212 assistant secretary shall serve at the pleasure of the
213 secretary.
214 2. The assistant secretary must have at least 7 years of
215 experience working in organizations that deliver child
216 protective or child welfare services.
217 (b) Substance abuse and mental health.—
218 (c)1. The secretary shall appoint an Assistant Secretary
219 for Substance Abuse and Mental Health. The assistant secretary
220 shall serve at the pleasure of the secretary and must have
221 expertise in both areas of responsibility.
222 2. The secretary shall appoint a Director for Substance
223 Abuse and Mental Health who has the requisite expertise and
224 experience to head the state’s Substance Abuse and Mental Health
225 Program Office.
226 (5)(4) COMMUNITY ALLIANCES.—
227 (a) The department shall, in consultation with local
228 communities, establish a community alliance or similar group of
229 the stakeholders, community leaders, client representatives and
230 funders of human services in each county to provide a focal
231 point for community participation and feedback into governance
232 of community-based services. An alliance may cover more than one
233 county when such arrangement is determined to provide for more
234 effective representation. The community alliance shall represent
235 the diversity of the community.
236 (b) The duties of the community alliance include, but are
237 not limited to:
238 1. Providing independent and community-focused assessment
239 of child protection and child welfare services and the local
240 system of community-based care as described in s. 409.998.
241 2.1. Joint planning for resource utilization in the
242 community, including resources appropriated to the department
243 and any funds that local funding sources choose to provide.
244 3.2. Needs assessment and establishment of community
245 priorities for service delivery.
246 4.3. Determining community outcome goals to supplement
247 state-required outcomes.
248 5.4. Serving as a catalyst for community resource
249 development.
250 6.5. Providing for community education and advocacy on
251 issues related to delivery of services.
252 7.6. Promoting prevention and early intervention services.
253 (c) The department shall ensure, to the greatest extent
254 possible, that the formation of each community alliance builds
255 on the strengths of the existing community human services
256 infrastructure.
257 (d) The initial membership of the community alliance in a
258 county shall be composed of the following:
259 1. A representative from the department.
260 2. A representative from county government.
261 3. A representative from the school district.
262 4. A representative from the county United Way.
263 5. A representative from the county sheriff’s office.
264 6. A representative from the circuit court corresponding to
265 the county.
266 7. A representative from the county children’s board, if
267 one exists.
268
269 This paragraph is repealed on July 1, 2015.
270 (e) No later than July 1, 2015, the alliance shall ensure
271 its membership and member selection process meets the following
272 requirements:
273 1. The total number of voting members shall be at least
274 nine and no more than 25 individuals. The alliance may establish
275 committees, task forces, and other advisory groups to create
276 opportunities for participation for community representatives
277 who are not voting members of the alliance.
278 2. The voting members of the alliance shall include
279 individuals with a variety of backgrounds and experience. At
280 least one member must be from a family who has received
281 community services. At least one person shall have experience in
282 each of the following areas:
283 a. Community service organizations;
284 b. Education;
285 c. Law enforcement;
286 d. Local government;
287 e. Legal services;
288 f. The judiciary;
289 g. Philanthropic organizations; and
290 h. Children’s service organizations.
291 3. The alliance shall include two ex officio, nonvoting
292 members, one of whom is designated by the secretary to represent
293 the department and one of whom is designated by the community
294 based care lead agency.
295 4. The recruitment and selection of alliance members shall
296 be an open and transparent process that allows for individuals
297 and organizations to nominate potential candidates.
298 (f) The community alliance shall adopt or amend bylaws to
299 comply with paragraph (e).
300 (g) The department shall appoint a statewide advisory
301 committee to assist alliances to comply with this subsection.
302 The advisory committee shall consist of a representative of the
303 department designated by the secretary, the chief child
304 advocate, a representative designated by the Florida Coalition
305 of Children, and two persons currently serving on an alliance.
306 (e) At any time after the initial meeting of the community
307 alliance, the community alliance shall adopt bylaws and may
308 increase the membership of the alliance to include the state
309 attorney for the judicial circuit in which the community
310 alliance is located, or his or her designee, the public defender
311 for the judicial circuit in which the community alliance is
312 located, or his or her designee, and other individuals and
313 organizations who represent funding organizations, are community
314 leaders, have knowledge of community-based service issues, or
315 otherwise represent perspectives that will enable them to
316 accomplish the duties listed in paragraph (b), if, in the
317 judgment of the alliance, such change is necessary to adequately
318 represent the diversity of the population within the community
319 alliance service circuits.
320 (h)(f) A member of the community alliance, other than a
321 member specified in paragraph (d), may not receive payment for
322 contractual services from the department or a community-based
323 care lead agency.
324 (i)(g) Members of the community alliances shall serve
325 without compensation, but are entitled to receive reimbursement
326 for per diem and travel expenses, as provided in s. 112.061.
327 Payment may also be authorized for preapproved child care
328 expenses or lost wages for members who are consumers of the
329 department’s services and for preapproved child care expenses
330 for other members who demonstrate hardship.
331 (j)(h) Members of a community alliance are subject to the
332 provisions of part III of chapter 112, the Code of Ethics for
333 Public Officers and Employees.
334 (k)(i) Actions taken by a community alliance must be
335 consistent with department policy and state and federal laws,
336 rules, and regulations.
337 (l)(j) Alliance members shall annually submit a disclosure
338 statement of services interests to the department’s inspector
339 general. Any member who has an interest in a matter under
340 consideration by the alliance must abstain from voting on that
341 matter.
342 (m)(k) All alliance meetings are open to the public
343 pursuant to s. 286.011 and the public records provision of s.
344 119.07(1).
345 Section 2. Paragraphs (b), (c), (g), and (k) of subsection
346 (1) of section 39.001, Florida Statutes, are amended, paragraphs
347 (o) and (p) are added to that subsection, present paragraphs (f)
348 through (h) of subsection (3) are redesignated as paragraphs (g)
349 through (i), respectively, and a new paragraph (f) is added to
350 that subsection, present subsections (4) through (11) are
351 renumbered as subsections (5) through (12), respectively, and a
352 new subsection (4) is added to that section, and paragraph (c)
353 of present subsection (8) and paragraph (b) of present
354 subsection (10) of that section are amended, to read:
355 39.001 Purposes and intent; personnel standards and
356 screening.—
357 (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
358 (b) To recognize that most families desire to be competent
359 caregivers and providers for their children and that children
360 achieve their greatest potential when families are able to
361 support and nurture the growth and development of their
362 children. Therefore, the Legislature finds that policies and
363 procedures that provide for prevention and intervention through
364 the department’s child protection system should be based on the
365 following principles:
366 1. The health and safety of the children served shall be of
367 paramount concern.
368 2. The prevention and intervention should engage families
369 in constructive, supportive, and nonadversarial relationships.
370 3. The prevention and intervention should intrude as little
371 as possible into the life of the family, be focused on clearly
372 defined objectives, and take the most parsimonious path to
373 remedy a family’s problems, keeping the safety of the child or
374 children as the paramount concern.
375 4. The prevention and intervention should be based upon
376 outcome evaluation results that demonstrate success in
377 protecting children and supporting families.
378 (c) To provide a child protection system that reflects a
379 partnership between the department, other agencies, the courts,
380 law enforcement agencies, service providers, and local
381 communities.
382 (g) To ensure that the parent or legal custodian from whose
383 custody the child has been taken assists the department to the
384 fullest extent possible in locating relatives suitable to serve
385 as caregivers for the child and provides all medical and
386 educational information, or consent for access thereto, needed
387 to help the child.
388 (k) To make every possible effort, if when two or more
389 children who are in the care or under the supervision of the
390 department are siblings, to place the siblings in the same home;
391 and in the event of permanent placement of the siblings, to
392 place them in the same adoptive home or, if the siblings are
393 separated while under the care or supervision of the department
394 or in a permanent placement, to keep them in contact with each
395 other.
396 (o) To preserve and strengthen families who are caring for
397 medically complex children.
398 (p) To provide protective investigations that are conducted
399 by trained persons in a complete and fair manner, that are
400 promptly concluded, and that consider the purposes of this
401 subsection and the general protections provided by law relating
402 to child welfare.
403 (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
404 the Legislature that the children of this state be provided with
405 the following protections:
406 (f) Access to sufficient supports and services for
407 medically complex children to allow them to remain in the least
408 restrictive and most nurturing environment, which includes
409 sufficient services in an amount and scope comparable to those
410 services the child would receive in out-of-home care placement.
411 (4) SERVICES FOR MEDICALLY COMPLEX CHILDREN.—The department
412 shall maintain a program of family-centered services and
413 supports for medically complex children. The purpose of the
414 program is to prevent abuse and neglect of medically complex
415 children while enhancing the capacity of families to provide for
416 their children’s needs. Program services must include outreach,
417 early intervention, and the provision of other supports and
418 services to meet the child’s needs. The department shall
419 collaborate with all relevant state and local agencies to
420 provide needed services.
421 (9)(8) OFFICE OF ADOPTION AND CHILD PROTECTION.—
422 (c) The office is authorized and directed to:
423 1. Oversee the preparation and implementation of the state
424 plan established under subsection (10) (9) and revise and update
425 the state plan as necessary.
426 2. Provide for or make available continuing professional
427 education and training in the prevention of child abuse and
428 neglect.
429 3. Work to secure funding in the form of appropriations,
430 gifts, and grants from the state, the Federal Government, and
431 other public and private sources in order to ensure that
432 sufficient funds are available for the promotion of adoption,
433 support of adoptive families, and child abuse prevention
434 efforts.
435 4. Make recommendations pertaining to agreements or
436 contracts for the establishment and development of:
437 a. Programs and services for the promotion of adoption,
438 support of adoptive families, and prevention of child abuse and
439 neglect.
440 b. Training programs for the prevention of child abuse and
441 neglect.
442 c. Multidisciplinary and discipline-specific training
443 programs for professionals with responsibilities affecting
444 children, young adults, and families.
445 d. Efforts to promote adoption.
446 e. Postadoptive services to support adoptive families.
447 5. Monitor, evaluate, and review the development and
448 quality of local and statewide services and programs for the
449 promotion of adoption, support of adoptive families, and
450 prevention of child abuse and neglect and shall publish and
451 distribute an annual report of its findings on or before January
452 1 of each year to the Governor, the Speaker of the House of
453 Representatives, the President of the Senate, the head of each
454 state agency affected by the report, and the appropriate
455 substantive committees of the Legislature. The report shall
456 include:
457 a. A summary of the activities of the office.
458 b. A summary of the adoption data collected and reported to
459 the federal Adoption and Foster Care Analysis and Reporting
460 System (AFCARS) and the federal Administration for Children and
461 Families.
462 c. A summary of the child abuse prevention data collected
463 and reported to the National Child Abuse and Neglect Data System
464 (NCANDS) and the federal Administration for Children and
465 Families.
466 d. A summary detailing the timeliness of the adoption
467 process for children adopted from within the child welfare
468 system.
469 e. Recommendations, by state agency, for the further
470 development and improvement of services and programs for the
471 promotion of adoption, support of adoptive families, and
472 prevention of child abuse and neglect.
473 f. Budget requests, adoption promotion and support needs,
474 and child abuse prevention program needs by state agency.
475 6. Work with the direct-support organization established
476 under s. 39.0011 to receive financial assistance.
477 (11)(10) FUNDING AND SUBSEQUENT PLANS.—
478 (b) The office and the other agencies and organizations
479 listed in paragraph (10)(a) (9)(a) shall readdress the state
480 plan and make necessary revisions every 5 years, at a minimum.
481 Such revisions shall be submitted to the Speaker of the House of
482 Representatives and the President of the Senate no later than
483 June 30 of each year divisible by 5. At least biennially, the
484 office shall review the state plan and make any necessary
485 revisions based on changing needs and program evaluation
486 results. An annual progress report shall be submitted to update
487 the state plan in the years between the 5-year intervals. In
488 order to avoid duplication of effort, these required plans may
489 be made a part of or merged with other plans required by either
490 the state or Federal Government, so long as the portions of the
491 other state or Federal Government plan that constitute the state
492 plan for the promotion of adoption, support of adoptive
493 families, and prevention of child abuse, abandonment, and
494 neglect are clearly identified as such and are provided to the
495 Speaker of the House of Representatives and the President of the
496 Senate as required under this section above.
497 Section 3. Present subsections (59) through (65) of section
498 39.01, Florida Statutes, are redesignated as subsections (60)
499 through (66), respectively, present subsections (67) through
500 (69) are redesignated as subsections (68) through (70),
501 respectively, present subsections (70) through (76) are
502 redesignated as subsections (72) through (78), respectively, new
503 subsections (31), (41), (59), (67), and (71) are added to that
504 section, and subsections (7), (14), (18), (22), (26), and (27)
505 and present subsections (28) through (41), (59), and (65) of
506 that section are amended, to read:
507 39.01 Definitions.—When used in this chapter, unless the
508 context otherwise requires:
509 (7) “Alleged juvenile sexual offender” means:
510 (a) A child 12 years of age or younger who is alleged to
511 have committed a violation of chapter 794, chapter 796, chapter
512 800, s. 827.071, or s. 847.0133; or
513 (b) A child who is alleged to have committed any violation
514 of law or delinquent act involving juvenile sexual abuse.
515 “Juvenile sexual abuse” means any sexual behavior which occurs
516 without consent, without equality, or as a result of coercion.
517 For purposes of this subsection paragraph, the following
518 definitions apply:
519 (a)1. “Coercion” means the exploitation of authority or the
520 use of bribes, threats of force, or intimidation to gain
521 cooperation or compliance.
522 (b)2. “Equality” means two participants operating with the
523 same level of power in a relationship, neither being controlled
524 nor coerced by the other.
525 (c)3. “Consent” means an agreement, including all of the
526 following:
527 1.a. Understanding what is proposed based on age, maturity,
528 developmental level, functioning, and experience.
529 2.b. Knowledge of societal standards for what is being
530 proposed.
531 3.c. Awareness of potential consequences and alternatives.
532 4.d. Assumption that agreement or disagreement will be
533 accepted equally.
534 5.e. Voluntary decision.
535 6.f. Mental competence.
536
537 Juvenile sexual offender behavior ranges from noncontact sexual
538 behavior such as making obscene phone calls, exhibitionism,
539 voyeurism, and the showing or taking of lewd photographs to
540 varying degrees of direct sexual contact, such as frottage,
541 fondling, digital penetration, rape, fellatio, sodomy, and
542 various other sexually aggressive acts.
543 (14) “Child who has exhibited inappropriate sexual
544 behavior” means a child who is 12 years of age or younger and
545 who has been found by the department or the court to have
546 committed an inappropriate sexual act.
547 (18) “Comprehensive assessment” or “assessment” means the
548 gathering of information for the evaluation of a child’s and
549 caregiver’s physical, psychiatric, psychological, or mental
550 health; developmental delays or challenges; and, educational,
551 vocational, and social condition and family environment as they
552 relate to the child’s and caregiver’s need for rehabilitative
553 and treatment services, including substance abuse treatment
554 services, mental health services, developmental services,
555 literacy services, medical services, family services, and other
556 specialized services, as appropriate.
557 (22) “Diligent efforts by a parent” means a course of
558 conduct which results in a meaningful change in the behavior of
559 a parent that reduces reduction in risk to the child in the
560 child’s home to the extent that would allow the child may to be
561 safely placed permanently back in the home as set forth in the
562 case plan.
563 (26) “District” means any one of the 15 service districts
564 of the department established pursuant to s. 20.19.
565 (27) “District administrator” means the chief operating
566 officer of each service district of the department as defined in
567 s. 20.19(5) and, where appropriate, includes any district
568 administrator whose service district falls within the boundaries
569 of a judicial circuit.
570 (26)(28) “Expedited termination of parental rights” means
571 proceedings wherein a case plan with the goal of reunification
572 is not being offered.
573 (27)(29) “False report” means a report of abuse, neglect,
574 or abandonment of a child to the central abuse hotline, which
575 report is maliciously made for the purpose of:
576 (a) Harassing, embarrassing, or harming another person;
577 (b) Personal financial gain for the reporting person;
578 (c) Acquiring custody of a child; or
579 (d) Personal benefit for the reporting person in any other
580 private dispute involving a child.
581
582 The term “false report” does not include a report of abuse,
583 neglect, or abandonment of a child made in good faith to the
584 central abuse hotline.
585 (28)(30) “Family” means a collective body of persons,
586 consisting of a child and a parent, legal custodian, or adult
587 relative, in which:
588 (a) The persons reside in the same house or living unit; or
589 (b) The parent, legal custodian, or adult relative has a
590 legal responsibility by blood, marriage, or court order to
591 support or care for the child.
592 (29)(31) “Foster care” means care provided a child in a
593 foster family or boarding home, group home, agency boarding
594 home, child care institution, or any combination thereof.
595 (30)(32) “Harm” to a child’s health or welfare can occur
596 when any person:
597 (a) Inflicts or allows to be inflicted upon the child
598 physical, mental, or emotional injury. In determining whether
599 harm has occurred, the following factors must be considered in
600 evaluating any physical, mental, or emotional injury to a child:
601 the age of the child; any prior history of injuries to the
602 child; the location of the injury on the body of the child; the
603 multiplicity of the injury; and the type of trauma inflicted.
604 Such injury includes, but is not limited to:
605 1. Willful acts that produce the following specific
606 injuries:
607 a. Sprains, dislocations, or cartilage damage.
608 b. Bone or skull fractures.
609 c. Brain or spinal cord damage.
610 d. Intracranial hemorrhage or injury to other internal
611 organs.
612 e. Asphyxiation, suffocation, or drowning.
613 f. Injury resulting from the use of a deadly weapon.
614 g. Burns or scalding.
615 h. Cuts, lacerations, punctures, or bites.
616 i. Permanent or temporary disfigurement.
617 j. Permanent or temporary loss or impairment of a body part
618 or function.
619
620 As used in this subparagraph, the term “willful” refers to the
621 intent to perform an action, not to the intent to achieve a
622 result or to cause an injury.
623 2. Purposely giving a child poison, alcohol, drugs, or
624 other substances that substantially affect the child’s behavior,
625 motor coordination, or judgment or that result in sickness or
626 internal injury. For the purposes of this subparagraph, the term
627 “drugs” means prescription drugs not prescribed for the child or
628 not administered as prescribed, and controlled substances as
629 outlined in Schedule I or Schedule II of s. 893.03.
630 3. Leaving a child without adult supervision or arrangement
631 appropriate for the child’s age or mental or physical condition,
632 so that the child is unable to care for the child’s own needs or
633 another’s basic needs or is unable to exercise good judgment in
634 responding to any kind of physical or emotional crisis.
635 4. Inappropriate or excessively harsh disciplinary action
636 that is likely to result in physical injury, mental injury as
637 defined in this section, or emotional injury. The significance
638 of any injury must be evaluated in light of the following
639 factors: the age of the child; any prior history of injuries to
640 the child; the location of the injury on the body of the child;
641 the multiplicity of the injury; and the type of trauma
642 inflicted. Corporal discipline may be considered excessive or
643 abusive when it results in any of the following or other similar
644 injuries:
645 a. Sprains, dislocations, or cartilage damage.
646 b. Bone or skull fractures.
647 c. Brain or spinal cord damage.
648 d. Intracranial hemorrhage or injury to other internal
649 organs.
650 e. Asphyxiation, suffocation, or drowning.
651 f. Injury resulting from the use of a deadly weapon.
652 g. Burns or scalding.
653 h. Cuts, lacerations, punctures, or bites.
654 i. Permanent or temporary disfigurement.
655 j. Permanent or temporary loss or impairment of a body part
656 or function.
657 k. Significant bruises or welts.
658 (b) Commits, or allows to be committed, sexual battery, as
659 defined in chapter 794, or lewd or lascivious acts, as defined
660 in chapter 800, against the child.
661 (c) Allows, encourages, or forces the sexual exploitation
662 of a child, which includes allowing, encouraging, or forcing a
663 child to:
664 1. Solicit for or engage in prostitution; or
665 2. Engage in a sexual performance, as defined by chapter
666 827.
667 (d) Exploits a child, or allows a child to be exploited, as
668 provided in s. 450.151.
669 (e) Abandons the child. Within the context of the
670 definition of “harm,” the term “abandoned the child” or
671 “abandonment of the child” means a situation in which the parent
672 or legal custodian of a child or, in the absence of a parent or
673 legal custodian, the caregiver, while being able, has made no
674 significant contribution to the child’s care and maintenance or
675 has failed to establish or maintain a substantial and positive
676 relationship with the child, or both. For purposes of this
677 paragraph, “establish or maintain a substantial and positive
678 relationship” includes, but is not limited to, frequent and
679 regular contact with the child through frequent and regular
680 visitation or frequent and regular communication to or with the
681 child, and the exercise of parental rights and responsibilities.
682 Marginal efforts and incidental or token visits or
683 communications are not sufficient to establish or maintain a
684 substantial and positive relationship with a child. The term
685 “abandoned” does not include a surrendered newborn infant as
686 described in s. 383.50, a child in need of services as defined
687 in chapter 984, or a family in need of services as defined in
688 chapter 984. The incarceration, repeated incarceration, or
689 extended incarceration of a parent, legal custodian, or
690 caregiver responsible for a child’s welfare may support a
691 finding of abandonment.
692 (f) Neglects the child. Within the context of the
693 definition of “harm,” the term “neglects the child” means that
694 the parent or other person responsible for the child’s welfare
695 fails to supply the child with adequate food, clothing, shelter,
696 or health care, although financially able to do so or although
697 offered financial or other means to do so. However, a parent or
698 legal custodian who, by reason of the legitimate practice of
699 religious beliefs, does not provide specified medical treatment
700 for a child may not be considered abusive or neglectful for that
701 reason alone, but such an exception does not:
702 1. Eliminate the requirement that such a case be reported
703 to the department;
704 2. Prevent the department from investigating such a case;
705 or
706 3. Preclude a court from ordering, when the health of the
707 child requires it, the provision of medical services by a
708 physician, as defined in this section, or treatment by a duly
709 accredited practitioner who relies solely on spiritual means for
710 healing in accordance with the tenets and practices of a well
711 recognized church or religious organization.
712 (g) Exposes a child to a controlled substance or alcohol.
713 Exposure to a controlled substance or alcohol is established by:
714 1. A test, administered at birth, which indicated that the
715 child’s blood, urine, or meconium contained any amount of
716 alcohol or a controlled substance or metabolites of such
717 substances, the presence of which was not the result of medical
718 treatment administered to the mother or the newborn infant; or
719 2. Evidence of extensive, abusive, and chronic use of a
720 controlled substance or alcohol by a parent when the child is
721 demonstrably adversely affected by such usage.
722
723 As used in this paragraph, the term “controlled substance” means
724 prescription drugs not prescribed for the parent or not
725 administered as prescribed and controlled substances as outlined
726 in Schedule I or Schedule II of s. 893.03.
727 (h) Uses mechanical devices, unreasonable restraints, or
728 extended periods of isolation to control a child.
729 (i) Engages in violent behavior that demonstrates a wanton
730 disregard for the presence of a child and could reasonably
731 result in serious injury to the child.
732 (j) Negligently fails to protect a child in his or her care
733 from inflicted physical, mental, or sexual injury caused by the
734 acts of another.
735 (k) Has allowed a child’s sibling to die as a result of
736 abuse, abandonment, or neglect.
737 (l) Makes the child unavailable for the purpose of impeding
738 or avoiding a protective investigation unless the court
739 determines that the parent, legal custodian, or caregiver was
740 fleeing from a situation involving domestic violence.
741 (31) “Impending danger” means a situation in which family
742 behaviors, attitudes, motives, emotions, or situations pose a
743 threat that may not be currently active but that can be
744 anticipated to become active and to have severe effects on a
745 child at any time.
746 (32)(33) “Institutional child abuse or neglect” means
747 situations of known or suspected child abuse or neglect in which
748 the person allegedly perpetrating the child abuse or neglect is
749 an employee of a private school, public or private day care
750 center, residential home, institution, facility, or agency or
751 any other person at such institution responsible for the child’s
752 care as defined in subsection (47).
753 (33)(34) “Judge” means the circuit judge exercising
754 jurisdiction pursuant to this chapter.
755 (34)(35) “Legal custody” means a legal status created by a
756 court which vests in a custodian of the person or guardian,
757 whether an agency or an individual, the right to have physical
758 custody of the child and the right and duty to protect, nurture,
759 guide, and discipline the child and to provide him or her with
760 food, shelter, education, and ordinary medical, dental,
761 psychiatric, and psychological care.
762 (35)(36) “Licensed child-caring agency” means a person,
763 society, association, or agency licensed by the department to
764 care for, receive, and board children.
765 (36)(37) “Licensed child-placing agency” means a person,
766 society, association, or institution licensed by the department
767 to care for, receive, or board children and to place children in
768 a licensed child-caring institution or a foster or adoptive
769 home.
770 (37)(38) “Licensed health care professional” means a
771 physician licensed under chapter 458, an osteopathic physician
772 licensed under chapter 459, a nurse licensed under part I of
773 chapter 464, a physician assistant licensed under chapter 458 or
774 chapter 459, or a dentist licensed under chapter 466.
775 (38)(39) “Likely to injure oneself” means that, as
776 evidenced by violent or other actively self-destructive
777 behavior, it is more likely than not that within a 24-hour
778 period the child will attempt to commit suicide or inflict
779 serious bodily harm on himself or herself.
780 (39)(40) “Likely to injure others” means that it is more
781 likely than not that within a 24-hour period the child will
782 inflict serious and unjustified bodily harm on another person.
783 (40)(41) “Mediation” means a process whereby a neutral
784 third person called a mediator acts to encourage and facilitate
785 the resolution of a dispute between two or more parties. It is
786 an informal and nonadversarial process with the objective of
787 helping the disputing parties reach a mutually acceptable and
788 voluntary agreement. The role of the mediator includes, but is
789 not limited to, assisting the parties in identifying issues,
790 fostering joint problem solving, and exploring settlement
791 alternatives.
792 (41) “Medical neglect” means the failure to provide or the
793 failure to allow needed care as recommended by a health care
794 practitioner for a physical injury, illness, medical condition,
795 or impairment, or the failure to seek timely and appropriate
796 medical care for a serious health problem that a reasonable
797 person would have recognized as requiring professional medical
798 attention. Medical neglect does not occur if the parent or legal
799 guardian of the child has made reasonable attempts to obtain
800 necessary health care services or the immediate health condition
801 giving rise to the allegation of neglect is a known and expected
802 complication of the child’s diagnosis or treatment and:
803 (a) The recommended care offers limited net benefit to the
804 child and the morbidity or other side effects of the treatment
805 may be considered to be greater than the anticipated benefit; or
806 (b) The parent or legal guardian received conflicting
807 medical recommendations for treatment from multiple
808 practitioners and did not follow all recommendations.
809 (59) “Present danger” means a significant and clearly
810 observable family condition that is occurring at the current
811 moment and is already endangering or threatening to endanger the
812 child. Present danger threats are conspicuous and require that
813 an immediate protective action be taken to ensure the child’s
814 safety.
815 (60)(59) “Preventive services” means social services and
816 other supportive and rehabilitative services provided to the
817 parent or legal custodian of the child and to the child for the
818 purpose of averting the removal of the child from the home or
819 disruption of a family which will or could result in the
820 placement of a child in foster care. Social services and other
821 supportive and rehabilitative services shall promote the child’s
822 developmental needs and need for physical, mental, and emotional
823 health and a safe, stable, living environment;, shall promote
824 family autonomy;, and shall strengthen family life, whenever
825 possible.
826 (66)(65) “Reunification services” means social services and
827 other supportive and rehabilitative services provided to the
828 parent of the child, to the child, and, where appropriate, to
829 the relative placement, nonrelative placement, or foster parents
830 of the child, for the purpose of enabling a child who has been
831 placed in out-of-home care to safely return to his or her parent
832 at the earliest possible time. The health and safety of the
833 child shall be the paramount goal of social services and other
834 supportive and rehabilitative services. The services shall
835 promote the child’s need for physical, developmental, mental,
836 and emotional health and a safe, stable, living environment;,
837 shall promote family autonomy;, and shall strengthen family
838 life, whenever possible.
839 (67) “Safety plan” means a plan created to control present
840 or impending danger using the least intrusive means appropriate
841 to protect a child when a parent, caregiver, or legal custodian
842 is unavailable, unwilling, or unable to do so.
843 (71) “Sibling” means:
844 (a) A child who shares a birth parent or legal parent with
845 one or more other children; or
846 (b) A child who has lived together in a family with one or
847 more other children whom he or she identifies as siblings.
848 Section 4. Subsection (12) is added to section 39.013,
849 Florida Statutes, to read:
850 39.013 Procedures and jurisdiction; right to counsel.—
851 (12) The department shall be represented by counsel in each
852 dependency proceeding. Through its attorneys, the department
853 shall make recommendations to the court on issues before the
854 court and may support its recommendations through testimony and
855 other evidence by its own employees, employees of sheriff’s
856 offices providing child protection services, employees of its
857 contractors, employees of its contractor’s subcontractors, or
858 from any other relevant source.
859 Section 5. Paragraph (c) of subsection (2) of section
860 39.201, Florida Statutes, is amended to read:
861 39.201 Mandatory reports of child abuse, abandonment, or
862 neglect; mandatory reports of death; central abuse hotline.—
863 (2)
864 (c) Reports involving a known or suspected juvenile sexual
865 abuse offender or a child who has exhibited inappropriate sexual
866 behavior shall be made and received by the department. An
867 alleged incident of juvenile sexual abuse involving a child who
868 is in the custody of or protective supervision of the department
869 shall be reported to the department’s central abuse hotline.
870 1. The department shall determine the age of the alleged
871 offender, if known.
872 2. If the alleged offender is 12 years of age or younger,
873 The central abuse hotline shall immediately electronically
874 transfer the report or call to the county sheriff’s office. The
875 department shall conduct an assessment and assist the family in
876 receiving appropriate services pursuant to s. 39.307, and send a
877 written report of the allegation to the appropriate county
878 sheriff’s office within 48 hours after the initial report is
879 made to the central abuse hotline.
880 2. The department shall ensure that the facts and results
881 of any investigation of child sexual abuse involving a child in
882 the custody of or under the protective supervision of the
883 department are made known to the court at the next hearing or
884 included in the next report to the court concerning the child.
885 3. If the alleged offender is 13 years of age or older, the
886 central abuse hotline shall immediately electronically transfer
887 the report or call to the appropriate county sheriff’s office
888 and send a written report to the appropriate county sheriff’s
889 office within 48 hours after the initial report to the central
890 abuse hotline.
891 Section 6. Section 39.2015, Florida Statutes, is created to
892 read:
893 39.2015 Critical incident rapid response team.—
894 (1) The department shall conduct an immediate investigation
895 of certain incidents involving children using critical incident
896 rapid response teams as provided in subsection (2). The purpose
897 of such investigation is to identify root causes and rapidly
898 determine the need to change policies and practices related to
899 child protection and child welfare.
900 (2) An immediate onsite investigation conducted by a
901 critical incident rapid response team is required for all child
902 deaths reported to the department if the child or another child
903 in his or her family was the subject of a verified report of
904 suspected abuse or neglect during the previous 12 months. The
905 secretary may direct an immediate investigation for other cases
906 involving serious injury to a child.
907 (3) Each investigation shall be conducted by a team of at
908 least five professionals with expertise in child protection,
909 child welfare, and organizational management. The team may
910 consist of employees of the department, community-based care
911 lead agencies, and other provider organizations; faculty from
912 the institute consisting of public and private universities
913 offering degrees in social work established pursuant to s.
914 1004.615; or any other person with the required expertise. The
915 majority of the team must reside in judicial circuits outside
916 the location of the incident. The secretary shall appoint a team
917 leader for each group assigned to an investigation.
918 (4) An investigation shall be initiated as soon as
919 possible, but not later than 2 business days after the case is
920 reported to the department. A preliminary report on each case
921 shall be provided to the secretary no later than 30 days after
922 the investigation begins.
923 (5) Each member of the team is authorized to access all
924 information in the case file.
925 (6) All employees of the department or other state agencies
926 and all personnel from contracted provider organizations must
927 cooperate with the investigation by participating in interviews
928 and timely responding to any requests for information. However,
929 records or information of contracted provider organizations made
930 confidential or privileged by state or federal law may be shared
931 among team members but not outside the team.
932 (7) The secretary shall develop cooperative agreements with
933 other entities and organizations as necessary to facilitate the
934 work of the team.
935 (8) The members of the team may be reimbursed by the
936 department for per diem, mileage, and other reasonable expenses
937 as provided in s. 112.061. The department may also reimburse the
938 team member’s employer for the associated salary and benefits
939 during the time the team member is fulfilling the duties
940 required under this section.
941 (9) Upon completion of the investigation, the department
942 shall make the team’s final report available on its website.
943 (10) The secretary, in conjunction with the institute
944 established pursuant to s. 1004.615, shall develop guidelines
945 for investigations conducted by critical incident rapid response
946 teams and provide training to team members. Such guidelines must
947 direct the teams in the conduct of a root-cause analysis that
948 identifies, classifies, and attributes responsibility for both
949 direct and latent causes for the death or other incident,
950 including organizational factors, preconditions, and specific
951 acts or omissions resulting from either error or a violation of
952 procedures.
953 (11) The secretary shall appoint an advisory committee made
954 up of experts in child protection and child welfare to conduct
955 an independent review of investigative reports from the critical
956 incident rapid response teams and make recommendations to
957 improve policies and practices related to child protection and
958 child welfare services. By October 1 of each year, the advisory
959 committee shall submit a report to the secretary that includes
960 findings and recommendations. The secretary shall submit the
961 report to the Governor, the President of the Senate, and the
962 Speaker of the House of Representatives.
963 Section 7. Section 39.2022, Florida Statutes, is created to
964 read:
965 39.2022 Public disclosure of reported child deaths.—
966 (1) It is the intent of the Legislature to provide prompt
967 disclosure of the basic facts of all deaths of children from
968 birth through 18 years of age which occur in this state and
969 which are reported to the department’s central abuse hotline.
970 Disclosure shall be posted on the department’s public website.
971 This section does not limit the public access to records under
972 any other provision of law.
973 (2) Notwithstanding s. 39.202, if a child death is reported
974 to the central abuse hotline, the department shall post on its
975 website all of the following:
976 (a) The initials, age, race, and gender of the child.
977 (b) The date of the child’s death.
978 (c) Any allegations of the cause of death or the
979 preliminary cause of death, and the verified cause of death, if
980 known.
981 (d) The county and placement of the child at the time of
982 the incident leading to the child’s death, if applicable.
983 (e) The name of the community-based care lead agency, case
984 management agency, or out-of-home licensing agency involved with
985 the child, family, or licensed caregiver, if applicable.
986 (f) The relationship of the person adjudicated guilty of
987 any criminal offense related to the child’s death.
988 (g) Whether the child has been the subject of any prior
989 verified reports to the department’s central abuse hotline.
990 Section 8. Subsections (9) and (14) of section 39.301,
991 Florida Statutes, are amended to read:
992 39.301 Initiation of protective investigations.—
993 (9)(a) For each report received from the central abuse
994 hotline and accepted for investigation, the department or the
995 sheriff providing child protective investigative services under
996 s. 39.3065, shall perform the following child protective
997 investigation activities to determine child safety:
998 1. Conduct a review of all relevant, available information
999 specific to the child and family and alleged maltreatment;
1000 family child welfare history; local, state, and federal criminal
1001 records checks; and requests for law enforcement assistance
1002 provided by the abuse hotline. Based on a review of available
1003 information, including the allegations in the current report, a
1004 determination shall be made as to whether immediate consultation
1005 should occur with law enforcement, the child protection team, a
1006 domestic violence shelter or advocate, or a substance abuse or
1007 mental health professional. Such consultations should include
1008 discussion as to whether a joint response is necessary and
1009 feasible. A determination shall be made as to whether the person
1010 making the report should be contacted before the face-to-face
1011 interviews with the child and family members.
1012 2. Conduct face-to-face interviews with the child; other
1013 siblings, if any; and the parents, legal custodians, or
1014 caregivers.
1015 3. Assess the child’s residence, including a determination
1016 of the composition of the family and household, including the
1017 name, address, date of birth, social security number, sex, and
1018 race of each child named in the report; any siblings or other
1019 children in the same household or in the care of the same
1020 adults; the parents, legal custodians, or caregivers; and any
1021 other adults in the same household.
1022 4. Determine whether there is any indication that any child
1023 in the family or household has been abused, abandoned, or
1024 neglected; the nature and extent of present or prior injuries,
1025 abuse, or neglect, and any evidence thereof; and a determination
1026 as to the person or persons apparently responsible for the
1027 abuse, abandonment, or neglect, including the name, address,
1028 date of birth, social security number, sex, and race of each
1029 such person.
1030 5. Complete assessment of immediate child safety for each
1031 child based on available records, interviews, and observations
1032 with all persons named in subparagraph 2. and appropriate
1033 collateral contacts, which may include other professionals. The
1034 department’s child protection investigators are hereby
1035 designated a criminal justice agency for the purpose of
1036 accessing criminal justice information to be used for enforcing
1037 this state’s laws concerning the crimes of child abuse,
1038 abandonment, and neglect. This information shall be used solely
1039 for purposes supporting the detection, apprehension,
1040 prosecution, pretrial release, posttrial release, or
1041 rehabilitation of criminal offenders or persons accused of the
1042 crimes of child abuse, abandonment, or neglect and may not be
1043 further disseminated or used for any other purpose.
1044 6. Document the present and impending dangers to each child
1045 based on the identification of inadequate protective capacity
1046 through utilization of a standardized safety assessment
1047 instrument. If present or impending danger is identified, the
1048 child protective investigator must implement a safety plan or
1049 take the child into custody. If present danger is identified and
1050 the child is not removed, the child protective investigator
1051 shall create and implement a safety plan before leaving the home
1052 or the location where there is present danger. If impending
1053 danger is identified, the child protective investigator shall
1054 create and implement a safety plan as soon as necessary to
1055 protect the safety of the child. The child protective
1056 investigator may modify the safety plan if he or she identifies
1057 additional impending danger.
1058 a. If the child protective investigator implements a safety
1059 plan, the plan must be specific, sufficient, feasible, and
1060 sustainable in response to the realities of the present or
1061 impending danger. A safety plan may be an in-home plan or an
1062 out-of-home plan, or a combination of both. A safety plan may
1063 not rely solely on promissory commitments by the parent,
1064 caregiver, or legal custodian who is currently not able to
1065 protect the child or on services that are not available or will
1066 not result in the safety of the child. A safety plan may not be
1067 implemented if for any reason the parents, guardian, or legal
1068 custodian lacks the capacity or ability to comply with the plan.
1069 If the department is not able to develop a plan that is
1070 specific, sufficient, feasible, and sustainable, the department
1071 shall file a shelter petition. A child protective investigator
1072 shall implement separate safety plans for the perpetrator of
1073 domestic violence and the parent who is a victim of domestic
1074 violence as defined in s. 741.28. If the perpetrator of domestic
1075 violence is not the parent, guardian, or legal custodian of the
1076 child, the child protective investigator shall seek issuance of
1077 an injunction authorized by s. 39.504 to implement a safety plan
1078 for the perpetrator and impose any other conditions to protect
1079 the child. The safety plan for the parent who is a victim of
1080 domestic violence may not be shared with the perpetrator. If any
1081 party to a safety plan fails to comply with the safety plan
1082 resulting in the child being unsafe, the department shall file a
1083 shelter petition.
1084 b. The child protective investigator shall collaborate with
1085 the community-based care lead agency in the development of the
1086 safety plan as necessary to ensure that the safety plan is
1087 specific, sufficient, feasible, and sustainable. The child
1088 protective investigator shall identify services necessary for
1089 the successful implementation of the safety plan. The child
1090 protective investigator and the community-based care lead agency
1091 shall mobilize service resources to assist all parties in
1092 complying with the safety plan. The community-based care lead
1093 agency shall prioritize safety plan services to families who
1094 have multiple risk factors, including, but not limited to, two
1095 or more of the following:
1096 (I) The parent or legal custodian is of young age;
1097 (II) The parent or legal custodian, or an adult currently
1098 living in or frequently visiting the home, has a history of
1099 substance abuse, mental illness, or domestic violence;
1100 (III) The parent or legal custodian, or an adult currently
1101 living in or frequently visiting the home, has been previously
1102 found to have physically or sexually abused a child;
1103 (IV) The parent or legal custodian or an adult currently
1104 living in or frequently visiting the home has been the subject
1105 of multiple allegations by reputable reports of abuse or
1106 neglect;
1107 (V) The child is physically or developmentally disabled; or
1108 (VI) The child is 3 years of age or younger.
1109 c. The child protective investigator shall monitor the
1110 implementation of the plan to ensure the child’s safety until
1111 the case is transferred to the lead agency at which time the
1112 lead agency shall monitor the implementation.
1113 (b) Upon completion of the immediate safety assessment, the
1114 department shall determine the additional activities necessary
1115 to assess impending dangers, if any, and close the
1116 investigation.
1117 (b)(c) For each report received from the central abuse
1118 hotline, the department or the sheriff providing child
1119 protective investigative services under s. 39.3065, shall
1120 determine the protective, treatment, and ameliorative services
1121 necessary to safeguard and ensure the child’s safety and well
1122 being and development, and cause the delivery of those services
1123 through the early intervention of the department or its agent.
1124 As applicable, child protective investigators must inform
1125 parents and caregivers how and when to use the injunction
1126 process under s. 741.30 to remove a perpetrator of domestic
1127 violence from the home as an intervention to protect the child.
1128 1. If the department or the sheriff providing child
1129 protective investigative services determines that the interests
1130 of the child and the public will be best served by providing the
1131 child care or other treatment voluntarily accepted by the child
1132 and the parents or legal custodians, the parent or legal
1133 custodian and child may be referred for such care, case
1134 management, or other community resources.
1135 2. If the department or the sheriff providing child
1136 protective investigative services determines that the child is
1137 in need of protection and supervision, the department may file a
1138 petition for dependency.
1139 3. If a petition for dependency is not being filed by the
1140 department, the person or agency originating the report shall be
1141 advised of the right to file a petition pursuant to this part.
1142 4. At the close of an investigation, the department or the
1143 sheriff providing child protective services shall provide to the
1144 person who is alleged to have caused the abuse, neglect, or
1145 abandonment and the parent or legal custodian a summary of
1146 findings from the investigation and provide information about
1147 their right to access confidential reports in accordance with s.
1148 39.202.
1149 (14)(a) If the department or its agent determines that a
1150 child requires immediate or long-term protection through:
1151 1. medical or other health care; or
1152 2. homemaker care, day care, protective supervision, or
1153 other services to stabilize the home environment, including
1154 intensive family preservation services through the Intensive
1155 Crisis Counseling Program, such services shall first be offered
1156 for voluntary acceptance unless:
1157 1. There are high-risk factors that may impact the ability
1158 of the parents or legal custodians to exercise judgment. Such
1159 factors may include the parents’ or legal custodians’ young age
1160 or history of substance abuse, mental illness, or domestic
1161 violence; or
1162 2. There is a high likelihood of lack of compliance with
1163 voluntary services, and such noncompliance would result in the
1164 child being unsafe.
1165 (b) The parents or legal custodians shall be informed of
1166 the right to refuse services, as well as the responsibility of
1167 the department to protect the child regardless of the acceptance
1168 or refusal of services. If the services are refused, a
1169 collateral contact shall include a relative, if the protective
1170 investigator has knowledge of and the ability to contact a
1171 relative. If the services are refused and the department deems
1172 that the child’s need for protection so requires services, the
1173 department shall take the child into protective custody or
1174 petition the court as provided in this chapter. At any time
1175 after the commencement of a protective investigation, a relative
1176 may submit in writing to the protective investigator or case
1177 manager a request to receive notification of all proceedings and
1178 hearings in accordance with s. 39.502. The request shall include
1179 the relative’s name, address, and phone number and the
1180 relative’s relationship to the child. The protective
1181 investigator or case manager shall forward such request to the
1182 attorney for the department. The failure to provide notice to
1183 either a relative who requests it pursuant to this subsection or
1184 to a relative who is providing out-of-home care for a child may
1185 not result in any previous action of the court at any stage or
1186 proceeding in dependency or termination of parental rights under
1187 any part of this chapter being set aside, reversed, modified, or
1188 in any way changed absent a finding by the court that a change
1189 is required in the child’s best interests.
1190 (c) The department, in consultation with the judiciary,
1191 shall adopt by rule:
1192 1. Criteria that are factors requiring that the department
1193 take the child into custody, petition the court as provided in
1194 this chapter, or, if the child is not taken into custody or a
1195 petition is not filed with the court, conduct an administrative
1196 review. Such factors must include, but are not limited to,
1197 noncompliance with a safety plan or the case plan developed by
1198 the department, and the family under this chapter, and prior
1199 abuse reports with findings that involve the child, the child’s
1200 sibling, or the child’s caregiver.
1201 2. Requirements that if after an administrative review the
1202 department determines not to take the child into custody or
1203 petition the court, the department shall document the reason for
1204 its decision in writing and include it in the investigative
1205 file. For all cases that were accepted by the local law
1206 enforcement agency for criminal investigation pursuant to
1207 subsection (2), the department must include in the file written
1208 documentation that the administrative review included input from
1209 law enforcement. In addition, for all cases that must be
1210 referred to child protection teams pursuant to s. 39.303(2) and
1211 (3), the file must include written documentation that the
1212 administrative review included the results of the team’s
1213 evaluation. Factors that must be included in the development of
1214 the rule include noncompliance with the case plan developed by
1215 the department, or its agent, and the family under this chapter
1216 and prior abuse reports with findings that involve the child or
1217 caregiver.
1218 Section 9. Section 39.303, Florida Statutes, is amended to
1219 read:
1220 39.303 Child protection teams; services; eligible cases.
1221 The Children’s Medical Services Program in the Department of
1222 Health shall develop, maintain, and coordinate the services of
1223 one or more multidisciplinary child protection teams in each of
1224 the service districts of the Department of Children and Families
1225 Family Services. Such teams may be composed of appropriate
1226 representatives of school districts and appropriate health,
1227 mental health, social service, legal service, and law
1228 enforcement agencies. The Legislature finds that optimal
1229 coordination of child protection teams and sexual abuse
1230 treatment programs requires collaboration between The Department
1231 of Health and the Department of Children and Families Family
1232 Services. The two departments shall maintain an interagency
1233 agreement that establishes protocols for oversight and
1234 operations of child protection teams and sexual abuse treatment
1235 programs. The State Surgeon General and the Deputy Secretary for
1236 Children’s Medical Services, in consultation with the Secretary
1237 of Children and Families Family Services, shall maintain the
1238 responsibility for the screening, employment, and, if necessary,
1239 the termination of child protection team medical directors, at
1240 headquarters and in the 15 districts. Child protection team
1241 medical directors shall be responsible for oversight of the
1242 teams in the districts.
1243 (1) The Department of Health shall use utilize and convene
1244 the teams to supplement the assessment and protective
1245 supervision activities of the family safety and preservation
1246 program of the Department of Children and Families Family
1247 Services. Nothing in This section does not shall be construed to
1248 remove or reduce the duty and responsibility of any person to
1249 report pursuant to this chapter all suspected or actual cases of
1250 child abuse, abandonment, or neglect or sexual abuse of a child.
1251 The role of the teams shall be to support activities of the
1252 program and to provide services deemed by the teams to be
1253 necessary and appropriate to abused, abandoned, and neglected
1254 children upon referral. The specialized diagnostic assessment,
1255 evaluation, coordination, consultation, and other supportive
1256 services that a child protection team shall be capable of
1257 providing include, but are not limited to, the following:
1258 (a) Medical diagnosis and evaluation services, including
1259 provision or interpretation of X rays and laboratory tests, and
1260 related services, as needed, and documentation of related
1261 findings relative thereto.
1262 (b) Telephone consultation services in emergencies and in
1263 other situations.
1264 (c) Medical evaluation related to abuse, abandonment, or
1265 neglect, as defined by policy or rule of the Department of
1266 Health.
1267 (d) Such psychological and psychiatric diagnosis and
1268 evaluation services for the child or the child’s parent or
1269 parents, legal custodian or custodians, or other caregivers, or
1270 any other individual involved in a child abuse, abandonment, or
1271 neglect case, as the team may determine to be needed.
1272 (e) Expert medical, psychological, and related professional
1273 testimony in court cases.
1274 (f) Case staffings to develop treatment plans for children
1275 whose cases have been referred to the team. A child protection
1276 team may provide consultation with respect to a child who is
1277 alleged or is shown to be abused, abandoned, or neglected, which
1278 consultation shall be provided at the request of a
1279 representative of the family safety and preservation program or
1280 at the request of any other professional involved with a child
1281 or the child’s parent or parents, legal custodian or custodians,
1282 or other caregivers. In every such child protection team case
1283 staffing, consultation, or staff activity involving a child, a
1284 family safety and preservation program representative shall
1285 attend and participate.
1286 (g) Case service coordination and assistance, including the
1287 location of services available from other public and private
1288 agencies in the community.
1289 (h) Such training services for program and other employees
1290 of the Department of Children and Families Family Services,
1291 employees of the Department of Health, and other medical
1292 professionals as is deemed appropriate to enable them to develop
1293 and maintain their professional skills and abilities in handling
1294 child abuse, abandonment, and neglect cases.
1295 (i) Educational and community awareness campaigns on child
1296 abuse, abandonment, and neglect in an effort to enable citizens
1297 more successfully to prevent, identify, and treat child abuse,
1298 abandonment, and neglect in the community.
1299 (j) Child protection team assessments that include, as
1300 appropriate, medical evaluations, medical consultations, family
1301 psychosocial interviews, specialized clinical interviews, or
1302 forensic interviews.
1303
1304 All medical personnel participating on a child protection team
1305 must successfully complete the required child protection team
1306 training curriculum as set forth in protocols determined by the
1307 Deputy Secretary for Children’s Medical Services and the
1308 Statewide Medical Director for Child Protection. A child
1309 protection team that is evaluating a report of medical neglect
1310 and assessing the health care needs of a medically complex child
1311 shall consult with a physician who has experience in treating
1312 children with the same condition.
1313 (2) The child abuse, abandonment, and neglect reports that
1314 must be referred by the department to child protection teams of
1315 the Department of Health for an assessment and other appropriate
1316 available support services as set forth in subsection (1) must
1317 include cases involving:
1318 (a) Injuries to the head, bruises to the neck or head,
1319 burns, or fractures in a child of any age.
1320 (b) Bruises anywhere on a child 5 years of age or under.
1321 (c) Any report alleging sexual abuse of a child.
1322 (d) Any sexually transmitted disease in a prepubescent
1323 child.
1324 (e) Reported malnutrition of a child and failure of a child
1325 to thrive.
1326 (f) Reported medical neglect of a child.
1327 (g) Any family in which one or more children have been
1328 pronounced dead on arrival at a hospital or other health care
1329 facility, or have been injured and later died, as a result of
1330 suspected abuse, abandonment, or neglect, when any sibling or
1331 other child remains in the home.
1332 (h) Symptoms of serious emotional problems in a child when
1333 emotional or other abuse, abandonment, or neglect is suspected.
1334 (3) All abuse and neglect cases transmitted for
1335 investigation to a district by the hotline must be
1336 simultaneously transmitted to the Department of Health child
1337 protection team for review. For the purpose of determining
1338 whether face-to-face medical evaluation by a child protection
1339 team is necessary, all cases transmitted to the child protection
1340 team which meet the criteria in subsection (2) must be timely
1341 reviewed by:
1342 (a) A physician licensed under chapter 458 or chapter 459
1343 who holds board certification in pediatrics and is a member of a
1344 child protection team;
1345 (b) A physician licensed under chapter 458 or chapter 459
1346 who holds board certification in a specialty other than
1347 pediatrics, who may complete the review only when working under
1348 the direction of a physician licensed under chapter 458 or
1349 chapter 459 who holds board certification in pediatrics and is a
1350 member of a child protection team;
1351 (c) An advanced registered nurse practitioner licensed
1352 under chapter 464 who has a specialty speciality in pediatrics
1353 or family medicine and is a member of a child protection team;
1354 (d) A physician assistant licensed under chapter 458 or
1355 chapter 459, who may complete the review only when working under
1356 the supervision of a physician licensed under chapter 458 or
1357 chapter 459 who holds board certification in pediatrics and is a
1358 member of a child protection team; or
1359 (e) A registered nurse licensed under chapter 464, who may
1360 complete the review only when working under the direct
1361 supervision of a physician licensed under chapter 458 or chapter
1362 459 who holds certification in pediatrics and is a member of a
1363 child protection team.
1364 (4) A face-to-face medical evaluation by a child protection
1365 team is not necessary when:
1366 (a) The child was examined for the alleged abuse or neglect
1367 by a physician who is not a member of the child protection team,
1368 and a consultation between the child protection team board
1369 certified pediatrician, advanced registered nurse practitioner,
1370 physician assistant working under the supervision of a child
1371 protection team board-certified pediatrician, or registered
1372 nurse working under the direct supervision of a child protection
1373 team board-certified pediatrician, and the examining physician
1374 concludes that a further medical evaluation is unnecessary;
1375 (b) The child protective investigator, with supervisory
1376 approval, has determined, after conducting a child safety
1377 assessment, that there are no indications of injuries as
1378 described in paragraphs (2)(a)-(h) as reported; or
1379 (c) The child protection team board-certified pediatrician,
1380 as authorized in subsection (3), determines that a medical
1381 evaluation is not required.
1382
1383 Notwithstanding paragraphs (a), (b), and (c), a child protection
1384 team pediatrician, as authorized in subsection (3), may
1385 determine that a face-to-face medical evaluation is necessary.
1386 (5) In all instances in which a child protection team is
1387 providing certain services to abused, abandoned, or neglected
1388 children, other offices and units of the Department of Health,
1389 and offices and units of the Department of Children and Families
1390 Family Services, shall avoid duplicating the provision of those
1391 services.
1392 (6) The Department of Health child protection team quality
1393 assurance program and the Family Safety Program Office of the
1394 Department of Children and Families Family Services’ Family
1395 Safety Program Office quality assurance program shall
1396 collaborate to ensure referrals and responses to child abuse,
1397 abandonment, and neglect reports are appropriate. Each quality
1398 assurance program shall include a review of records in which
1399 there are no findings of abuse, abandonment, or neglect, and the
1400 findings of these reviews shall be included in each department’s
1401 quality assurance reports.
1402 Section 10. Section 39.3068, Florida Statutes, is created
1403 to read:
1404 39.3068 Reports of medical neglect.—
1405 (1) Upon receiving a report alleging medical neglect, the
1406 department or sheriff’s office shall assign the case to a child
1407 protective investigator who has specialized training in
1408 addressing medical neglect or working with medically complex
1409 children, if such investigator is available. If a child
1410 protective investigator with specialized training is not
1411 available, the child protective investigator shall consult with
1412 department staff with such expertise.
1413 (2) The child protective investigator who has interacted
1414 with the child and the child’s family shall promptly contact and
1415 provide information to the child protection team. The child
1416 protection team shall assist the child protective investigator
1417 in identifying immediate responses to address the medical needs
1418 of the child with the priority of maintaining the child in the
1419 home if the parents will be able to meet the needs of the child
1420 with additional services. The child protective investigator and
1421 the child protection team must use a family-centered approach to
1422 assess the capacity of the family to meet those needs. A family
1423 centered approach is intended to increase independence on the
1424 part of the family, accessibility to programs and services
1425 within the community, and collaboration between families and
1426 their service providers. The ethnic, cultural, economic, racial,
1427 social, and religious diversity of families must be respected
1428 and considered in the development and provision of services.
1429 (3) The child shall be evaluated by the child protection
1430 team as soon as practicable. After receipt of the report from
1431 the child protection team, the department shall convene a case
1432 staffing which shall be attended, at a minimum, by the child
1433 protective investigator; department legal staff; and
1434 representatives from the child protection team that evaluated
1435 the child, Children’s Medical Services, the Agency for Health
1436 Care Administration, the community-based care lead agency, and
1437 any providers of services to the child. However, the Agency for
1438 Health Care Administration is not required to attend the
1439 staffing if the child is not Medicaid-eligible. The staffing
1440 shall consider, at a minimum, available services, given the
1441 family’s eligibility for services; services that are effective
1442 in addressing conditions leading to medical neglect allegations;
1443 and services that would enable the child to safely remain at
1444 home. Any services that are available and effective, shall be
1445 provided.
1446 Section 11. Section 39.307, Florida Statutes, is amended to
1447 read:
1448 39.307 Reports of child-on-child sexual abuse.—
1449 (1) Upon receiving a report alleging juvenile sexual abuse
1450 or inappropriate sexual behavior as defined in s. 39.01(7), the
1451 department shall assist the family, child, and caregiver in
1452 receiving appropriate services to address the allegations of the
1453 report.
1454 (a) The department shall ensure that information describing
1455 the child’s history of child sexual abuse is included in the
1456 child’s electronic record. This record must also include
1457 information describing the services the child has received as a
1458 result of his or her involvement with child sexual abuse.
1459 (b) Placement decisions for a child who has been involved
1460 with child sexual abuse must include consideration of the needs
1461 of the child and any other children in the placement.
1462 (c) The department shall monitor the occurrence of child
1463 sexual abuse and the provision of services to children involved
1464 in child sexual abuse, juvenile sexual abuse, or who have
1465 displayed inappropriate sexual behavior.
1466 (2) The department, contracted sheriff’s office providing
1467 protective investigation services, or contracted case management
1468 personnel responsible for providing services, at a minimum,
1469 shall adhere to the following procedures:
1470 (a) The purpose of the response to a report alleging
1471 juvenile sexual abuse behavior or inappropriate sexual behavior
1472 shall be explained to the caregiver.
1473 1. The purpose of the response shall be explained in a
1474 manner consistent with legislative purpose and intent provided
1475 in this chapter.
1476 2. The name and office telephone number of the person
1477 responding shall be provided to the caregiver of the alleged
1478 abuser juvenile sexual offender or child who has exhibited
1479 inappropriate sexual behavior and the victim’s caregiver.
1480 3. The possible consequences of the department’s response,
1481 including outcomes and services, shall be explained to the
1482 caregiver of the alleged abuser juvenile sexual offender or
1483 child who has exhibited inappropriate sexual behavior and the
1484 victim’s caregiver.
1485 (b) The caregiver of the alleged abuser juvenile sexual
1486 offender or child who has exhibited inappropriate sexual
1487 behavior and the victim’s caregiver shall be involved to the
1488 fullest extent possible in determining the nature of the sexual
1489 behavior concerns and the nature of any problem or risk to other
1490 children.
1491 (c) The assessment of risk and the perceived treatment
1492 needs of the alleged abuser juvenile sexual offender or child
1493 who has exhibited inappropriate sexual behavior, the victim, and
1494 respective caregivers shall be conducted by the district staff,
1495 the child protection team of the Department of Health, and other
1496 providers under contract with the department to provide services
1497 to the caregiver of the alleged offender, the victim, and the
1498 victim’s caregiver.
1499 (d) The assessment shall be conducted in a manner that is
1500 sensitive to the social, economic, and cultural environment of
1501 the family.
1502 (e) If necessary, the child protection team of the
1503 Department of Health shall conduct a physical examination of the
1504 victim, which is sufficient to meet forensic requirements.
1505 (f) Based on the information obtained from the alleged
1506 abuser juvenile sexual offender or child who has exhibited
1507 inappropriate sexual behavior, his or her caregiver, the victim,
1508 and the victim’s caregiver, an assessment of service and
1509 treatment needs must be completed and, if needed, a case plan
1510 developed within 30 days.
1511 (g) The department shall classify the outcome of the report
1512 as follows:
1513 1. Report closed. Services were not offered because the
1514 department determined that there was no basis for intervention.
1515 2. Services accepted by alleged abuser juvenile sexual
1516 offender. Services were offered to the alleged abuser juvenile
1517 sexual offender or child who has exhibited inappropriate sexual
1518 behavior and accepted by the caregiver.
1519 3. Report closed. Services were offered to the alleged
1520 abuser juvenile sexual offender or child who has exhibited
1521 inappropriate sexual behavior, but were rejected by the
1522 caregiver.
1523 4. Notification to law enforcement. The risk to the
1524 victim’s safety and well-being cannot be reduced by the
1525 provision of services or the caregiver rejected services, and
1526 notification of the alleged delinquent act or violation of law
1527 to the appropriate law enforcement agency was initiated.
1528 5. Services accepted by victim. Services were offered to
1529 the victim and accepted by the caregiver.
1530 6. Report closed. Services were offered to the victim but
1531 were rejected by the caregiver.
1532 (3) If services have been accepted by the alleged abuser
1533 juvenile sexual offender or child who has exhibited
1534 inappropriate sexual behavior, the victim, and respective
1535 caregivers, the department shall designate a case manager and
1536 develop a specific case plan.
1537 (a) Upon receipt of the plan, the caregiver shall indicate
1538 its acceptance of the plan in writing.
1539 (b) The case manager shall periodically review the progress
1540 toward achieving the objectives of the plan in order to:
1541 1. Make adjustments to the plan or take additional action
1542 as provided in this part; or
1543 2. Terminate the case if indicated by successful or
1544 substantial achievement of the objectives of the plan.
1545 (4) Services provided to the alleged abuser juvenile sexual
1546 offender or child who has exhibited inappropriate sexual
1547 behavior, the victim, and respective caregivers or family must
1548 be voluntary and of necessary duration.
1549 (5) If the family or caregiver of the alleged abuser
1550 juvenile sexual offender or child who has exhibited
1551 inappropriate sexual behavior fails to adequately participate or
1552 allow for the adequate participation of the child in the
1553 services or treatment delineated in the case plan, the case
1554 manager may recommend that the department:
1555 (a) Close the case;
1556 (b) Refer the case to mediation or arbitration, if
1557 available; or
1558 (c) Notify the appropriate law enforcement agency of
1559 failure to comply.
1560 (6) At any time, as a result of additional information,
1561 findings of facts, or changing conditions, the department may
1562 pursue a child protective investigation as provided in this
1563 chapter.
1564 (7) The department may adopt is authorized to develop rules
1565 and other policy directives necessary to administer implement
1566 the provisions of this section.
1567 Section 12. Paragraph (h) of subsection (8) and subsection
1568 (9) of section 39.402, Florida Statutes, are amended to read:
1569 39.402 Placement in a shelter.—
1570 (8)
1571 (h) The order for placement of a child in shelter care must
1572 identify the parties present at the hearing and must contain
1573 written findings:
1574 1. That placement in shelter care is necessary based on the
1575 criteria in subsections (1) and (2).
1576 2. That placement in shelter care is in the best interest
1577 of the child.
1578 3. That continuation of the child in the home is contrary
1579 to the welfare of the child because the home situation presents
1580 a substantial and immediate danger to the child’s physical,
1581 mental, or emotional health or safety which cannot be mitigated
1582 by the provision of preventive services.
1583 4. That based upon the allegations of the petition for
1584 placement in shelter care, there is probable cause to believe
1585 that the child is dependent or that the court needs additional
1586 time, which may not exceed 72 hours, in which to obtain and
1587 review documents pertaining to the family in order to
1588 appropriately determine the risk to the child.
1589 5. That the department has made reasonable efforts to
1590 prevent or eliminate the need for removal of the child from the
1591 home. A finding of reasonable effort by the department to
1592 prevent or eliminate the need for removal may be made and the
1593 department is deemed to have made reasonable efforts to prevent
1594 or eliminate the need for removal if:
1595 a. The first contact of the department with the family
1596 occurs during an emergency;
1597 b. The appraisal of the home situation by the department
1598 indicates that the home situation presents a substantial and
1599 immediate danger to the child’s physical, mental, or emotional
1600 health or safety which cannot be mitigated by the provision of
1601 preventive services;
1602 c. The child cannot safely remain at home, either because
1603 there are no preventive services that can ensure the health and
1604 safety of the child or because, even with appropriate and
1605 available services being provided, the health and safety of the
1606 child cannot be ensured; or
1607 d. The parent or legal custodian is alleged to have
1608 committed any of the acts listed as grounds for expedited
1609 termination of parental rights in s. 39.806(1)(f)-(i).
1610 6. That the department has made reasonable efforts to keep
1611 siblings together if they are removed and placed in out-of-home
1612 care unless such placement is not in the best interest of each
1613 child. Reasonable efforts shall include short-term placement in
1614 a group home with the ability to accommodate sibling groups if
1615 such a placement is available. The department shall report to
1616 the court its efforts to place siblings together unless the
1617 court finds that such placement is not in the best interest of a
1618 child or his or her sibling.
1619 7.6. That the court notified the parents, relatives that
1620 are providing out-of-home care for the child, or legal
1621 custodians of the time, date, and location of the next
1622 dependency hearing and of the importance of the active
1623 participation of the parents, relatives that are providing out
1624 of-home care for the child, or legal custodians in all
1625 proceedings and hearings.
1626 8.7. That the court notified the parents or legal
1627 custodians of their right to counsel to represent them at the
1628 shelter hearing and at each subsequent hearing or proceeding,
1629 and the right of the parents to appointed counsel, pursuant to
1630 the procedures set forth in s. 39.013.
1631 9.8. That the court notified relatives who are providing
1632 out-of-home care for a child as a result of the shelter petition
1633 being granted that they have the right to attend all subsequent
1634 hearings, to submit reports to the court, and to speak to the
1635 court regarding the child, if they so desire.
1636 (9)(a) At any shelter hearing, the department shall provide
1637 to the court a recommendation for scheduled contact between the
1638 child and parents, if appropriate. The court shall determine
1639 visitation rights absent a clear and convincing showing that
1640 visitation is not in the best interest of the child. Any order
1641 for visitation or other contact must conform to the provisions
1642 of s. 39.0139. If visitation is ordered but will not commence
1643 within 72 hours of the shelter hearing, the department shall
1644 provide justification to the court.
1645 (b) If siblings who are removed from the home cannot be
1646 placed together, the department shall provide to the court a
1647 recommendation for frequent visitation or other ongoing
1648 interaction between the siblings unless this interaction would
1649 be contrary to a sibling’s safety or well-being. If visitation
1650 among siblings is ordered but will not commence within 72 hours
1651 after the shelter hearing, the department shall provide
1652 justification to the court for the delay.
1653 Section 13. Paragraph (d) of subsection (3) of section
1654 39.501, Florida Statutes, is amended to read:
1655 39.501 Petition for dependency.—
1656 (3)
1657 (d) The petitioner must state in the petition, if known,
1658 whether:
1659 1. A parent or legal custodian named in the petition has
1660 previously unsuccessfully participated in voluntary services
1661 offered by the department;
1662 2. A parent or legal custodian named in the petition has
1663 participated in mediation and whether a mediation agreement
1664 exists;
1665 3. A parent or legal custodian has rejected the voluntary
1666 services offered by the department;
1667 4. A parent or legal custodian named in the petition has
1668 not fully complied with a safety plan; or
1669 5.4. The department has determined that voluntary services
1670 are not appropriate for the parent or legal custodian and the
1671 reasons for such determination.
1672
1673 If the department is the petitioner, it shall provide all safety
1674 assessments and safety plans involving the parent or legal
1675 custodian to the court.
1676 Section 14. Paragraph (a) of subsection (4) of section
1677 39.504, Florida Statutes, is amended to read:
1678 39.504 Injunction pending disposition of petition;
1679 penalty.—
1680 (4) If an injunction is issued under this section, the
1681 primary purpose of the injunction must be to protect and promote
1682 the best interests of the child, taking the preservation of the
1683 child’s immediate family into consideration.
1684 (a) The injunction applies to the alleged or actual
1685 offender in a case of child abuse or acts of domestic violence.
1686 The conditions of the injunction shall be determined by the
1687 court, which may include ordering the alleged or actual offender
1688 to:
1689 1. Refrain from further abuse or acts of domestic violence.
1690 2. Participate in a specialized treatment program.
1691 3. Limit contact or communication with the child victim,
1692 other children in the home, or any other child.
1693 4. Refrain from contacting the child at home, school, work,
1694 or wherever the child may be found.
1695 5. Have limited or supervised visitation with the child.
1696 6. Vacate the home in which the child resides.
1697 7. Comply with the terms of a safety plan implemented in
1698 the injunction pursuant to s. 39.301.
1699 Section 15. Section 39.5085, Florida Statutes, is amended
1700 to read:
1701 39.5085 Relative Caregiver Program.—
1702 (1) It is the intent of the Legislature in enacting this
1703 section to:
1704 (a) Provide for the establishment of procedures and
1705 protocols that serve to advance the continued safety of children
1706 by acknowledging the valued resource uniquely available through
1707 grandparents, and relatives of children, and specified
1708 nonrelatives of children pursuant to subparagraph (2)(a)3.
1709 (b) Recognize family relationships in which a grandparent
1710 or other relative is the head of a household that includes a
1711 child otherwise at risk of foster care placement.
1712 (c) Enhance family preservation and stability by
1713 recognizing that most children in such placements with
1714 grandparents and other relatives do not need intensive
1715 supervision of the placement by the courts or by the department.
1716 (d) Recognize that permanency in the best interests of the
1717 child can be achieved through a variety of permanency options,
1718 including permanent guardianship under s. 39.6221 if the
1719 guardian is a relative, by permanent placement with a fit and
1720 willing relative under s. 39.6231, by a relative, guardianship
1721 under chapter 744, or adoption, by providing additional
1722 placement options and incentives that will achieve permanency
1723 and stability for many children who are otherwise at risk of
1724 foster care placement because of abuse, abandonment, or neglect,
1725 but who may successfully be able to be placed by the dependency
1726 court in the care of such relatives.
1727 (e) Reserve the limited casework and supervisory resources
1728 of the courts and the department for those cases in which
1729 children do not have the option for safe, stable care within the
1730 family.
1731 (f) Recognize that a child may have a close relationship
1732 with a person who is not a blood relative or a relative by
1733 marriage and that such person should be eligible for financial
1734 assistance under this section if he or she is able and willing
1735 to care for the child and provide a safe, stable home
1736 environment.
1737 (2)(a) The Department of Children and Families Family
1738 Services shall establish and operate the Relative Caregiver
1739 Program pursuant to eligibility guidelines established in this
1740 section as further implemented by rule of the department. The
1741 Relative Caregiver Program shall, within the limits of available
1742 funding, provide financial assistance to:
1743 1. Relatives who are within the fifth degree by blood or
1744 marriage to the parent or stepparent of a child and who are
1745 caring full-time for that dependent child in the role of
1746 substitute parent as a result of a court’s determination of
1747 child abuse, neglect, or abandonment and subsequent placement
1748 with the relative under this chapter.
1749 2. Relatives who are within the fifth degree by blood or
1750 marriage to the parent or stepparent of a child and who are
1751 caring full-time for that dependent child, and a dependent half
1752 brother or half-sister of that dependent child, in the role of
1753 substitute parent as a result of a court’s determination of
1754 child abuse, neglect, or abandonment and subsequent placement
1755 with the relative under this chapter.
1756 3. Nonrelatives who are willing to assume custody and care
1757 of a dependent child and a dependent half-brother or half-sister
1758 of that dependent child in the role of substitute parent as a
1759 result of a court’s determination of child abuse, neglect, or
1760 abandonment and subsequent placement with the nonrelative
1761 caregiver under this chapter. The court must find that a
1762 proposed placement under this subparagraph is in the best
1763 interest of the child.
1764
1765 The placement may be court-ordered temporary legal custody to
1766 the relative or nonrelative under protective supervision of the
1767 department pursuant to s. 39.521(1)(b)3., or court-ordered
1768 placement in the home of a relative or nonrelative as a
1769 permanency option under s. 39.6221 or s. 39.6231 or under former
1770 s. 39.622 if the placement was made before July 1, 2006. The
1771 Relative Caregiver Program shall offer financial assistance to
1772 caregivers who are relatives and who would be unable to serve in
1773 that capacity without the relative caregiver payment because of
1774 financial burden, thus exposing the child to the trauma of
1775 placement in a shelter or in foster care.
1776 (b) Caregivers who are relatives and who receive assistance
1777 under this section must be capable, as determined by a home
1778 study, of providing a physically safe environment and a stable,
1779 supportive home for the children under their care, and must
1780 assure that the children’s well-being is met, including, but not
1781 limited to, the provision of immunizations, education, and
1782 mental health services as needed.
1783 (c) Relatives or nonrelatives who qualify for and
1784 participate in the Relative Caregiver Program are not required
1785 to meet foster care licensing requirements under s. 409.175.
1786 (d) Relatives or nonrelatives who are caring for children
1787 placed with them by the court pursuant to this chapter shall
1788 receive a special monthly relative caregiver benefit established
1789 by rule of the department. The amount of the special benefit
1790 payment shall be based on the child’s age within a payment
1791 schedule established by rule of the department and subject to
1792 availability of funding. The statewide average monthly rate for
1793 children judicially placed with relatives or nonrelatives who
1794 are not licensed as foster homes may not exceed 82 percent of
1795 the statewide average foster care rate, and nor may the cost of
1796 providing the assistance described in this section to any
1797 relative caregiver may not exceed the cost of providing out-of
1798 home care in emergency shelter or foster care.
1799 (e) Children receiving cash benefits under this section are
1800 not eligible to simultaneously receive WAGES cash benefits under
1801 chapter 414.
1802 (f) Within available funding, the Relative Caregiver
1803 Program shall provide relative caregivers with family support
1804 and preservation services, flexible funds in accordance with s.
1805 409.165, school readiness, and other available services in order
1806 to support the child’s safety, growth, and healthy development.
1807 Children living with relative caregivers who are receiving
1808 assistance under this section shall be eligible for Medicaid
1809 coverage.
1810 (g) The department may use appropriate available state,
1811 federal, and private funds to operate the Relative Caregiver
1812 Program. The department may develop liaison functions to be
1813 available to relatives or nonrelatives who care for children
1814 pursuant to this chapter to ensure placement stability in
1815 extended family settings.
1816 Section 16. Subsections (3) and (4) of section 39.604,
1817 Florida Statutes, are amended to read:
1818 39.604 Rilya Wilson Act; short title; legislative intent;
1819 requirements; attendance and reporting responsibilities.—
1820 (3) REQUIREMENTS.—A child from birth to the age of who is
1821 age 3 years to school entry, under court-ordered court ordered
1822 protective supervision or in the custody of the Family Safety
1823 Program Office of the Department of Children and Families Family
1824 Services or a community-based lead agency, and enrolled in a
1825 licensed early education or child care program must attend be
1826 enrolled to participate in the program 5 days a week.
1827 Notwithstanding the requirements of s. 39.202, the Department of
1828 Children and Families Family Services must notify operators of
1829 the licensed early education or child care program, subject to
1830 the reporting requirements of this act, of the enrollment of any
1831 child from birth to the age of age 3 years to school entry,
1832 under court-ordered court ordered protective supervision or in
1833 the custody of the Family Safety Program Office of the
1834 Department of Children and Families Family Services or a
1835 community-based lead agency. When a child is enrolled in an
1836 early education or child care program regulated by the
1837 department, the child’s attendance in the program must be a
1838 required action in the safety plan or the case plan developed
1839 for the a child pursuant to this chapter who is enrolled in a
1840 licensed early education or child care program must contain the
1841 participation in this program as a required action. An exemption
1842 to participating in the licensed early education or child care
1843 program 5 days a week may be granted by the court.
1844 (4) ATTENDANCE AND REPORTING REQUIREMENTS.—
1845 (a) A child enrolled in a licensed early education or child
1846 care program who meets the requirements of subsection (3) may
1847 not be withdrawn from the program without the prior written
1848 approval of the Family Safety Program Office of the Department
1849 of Children and Families Family Services or the community-based
1850 lead agency.
1851 (b)1. If a child covered by this section is absent from the
1852 program on a day when he or she is supposed to be present, the
1853 person with whom the child resides must report the absence to
1854 the program by the end of the business day. If the person with
1855 whom the child resides, whether the parent or caregiver, fails
1856 to timely report the absence, the absence is considered to be
1857 unexcused. The program shall report any unexcused absence or
1858 seven consecutive excused absences of a child who is enrolled in
1859 the program and covered by this act to the local designated
1860 staff of the Family Safety Program Office of the Department of
1861 Children and Families Family Services or the community-based
1862 lead agency by the end of the business day following the
1863 unexcused absence or seventh consecutive excused absence.
1864 2. The department or community-based lead agency shall
1865 conduct a site visit to the residence of the child upon
1866 receiving a report of two consecutive unexcused absences or
1867 seven consecutive excused absences.
1868 3. If the site visit results in a determination that the
1869 child is missing, the department or community-based lead agency
1870 shall report the child as missing to a law enforcement agency
1871 and proceed with the necessary actions to locate the child
1872 pursuant to procedures for locating missing children.
1873 4. If the site visit results in a determination that the
1874 child is not missing, the parent or caregiver shall be notified
1875 that failure to ensure that the child attends the licensed early
1876 education or child care program is a violation of the safety
1877 plan or the case plan. If more than two site visits are
1878 conducted pursuant to this subsection, staff shall initiate
1879 action to notify the court of the parent or caregiver’s
1880 noncompliance with the case plan.
1881 Section 17. Paragraph (c) of subsection (2) and paragraph
1882 (a) of subsection (3) of section 39.701, Florida Statutes, are
1883 amended to read:
1884 39.701 Judicial review.—
1885 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
1886 AGE.—
1887 (c) Review determinations.—The court and any citizen review
1888 panel shall take into consideration the information contained in
1889 the social services study and investigation and all medical,
1890 psychological, and educational records that support the terms of
1891 the case plan; testimony by the social services agency, the
1892 parent, the foster parent or legal custodian, the guardian ad
1893 litem or surrogate parent for educational decisionmaking if one
1894 has been appointed for the child, and any other person deemed
1895 appropriate; and any relevant and material evidence submitted to
1896 the court, including written and oral reports to the extent of
1897 their probative value. These reports and evidence may be
1898 received by the court in its effort to determine the action to
1899 be taken with regard to the child and may be relied upon to the
1900 extent of their probative value, even though not competent in an
1901 adjudicatory hearing. In its deliberations, the court and any
1902 citizen review panel shall seek to determine:
1903 1. If the parent was advised of the right to receive
1904 assistance from any person or social service agency in the
1905 preparation of the case plan.
1906 2. If the parent has been advised of the right to have
1907 counsel present at the judicial review or citizen review
1908 hearings. If not so advised, the court or citizen review panel
1909 shall advise the parent of such right.
1910 3. If a guardian ad litem needs to be appointed for the
1911 child in a case in which a guardian ad litem has not previously
1912 been appointed or if there is a need to continue a guardian ad
1913 litem in a case in which a guardian ad litem has been appointed.
1914 4. Who holds the rights to make educational decisions for
1915 the child. If appropriate, the court may refer the child to the
1916 district school superintendent for appointment of a surrogate
1917 parent or may itself appoint a surrogate parent under the
1918 Individuals with Disabilities Education Act and s. 39.0016.
1919 5. The compliance or lack of compliance of all parties with
1920 applicable items of the case plan, including the parents’
1921 compliance with child support orders.
1922 6. The compliance or lack of compliance with a visitation
1923 contract between the parent and the social service agency for
1924 contact with the child, including the frequency, duration, and
1925 results of the parent-child visitation and the reason for any
1926 noncompliance.
1927 7. The frequency, kind, and duration of contacts among
1928 siblings who have been separated during placement, as well as
1929 any efforts undertaken to reunite separated siblings if doing so
1930 is in the best interest of the child.
1931 8.7. The compliance or lack of compliance of the parent in
1932 meeting specified financial obligations pertaining to the care
1933 of the child, including the reason for failure to comply, if
1934 applicable such is the case.
1935 9.8. Whether the child is receiving safe and proper care
1936 according to s. 39.6012, including, but not limited to, the
1937 appropriateness of the child’s current placement, including
1938 whether the child is in a setting that is as family-like and as
1939 close to the parent’s home as possible, consistent with the
1940 child’s best interests and special needs, and including
1941 maintaining stability in the child’s educational placement, as
1942 documented by assurances from the community-based care provider
1943 that:
1944 a. The placement of the child takes into account the
1945 appropriateness of the current educational setting and the
1946 proximity to the school in which the child is enrolled at the
1947 time of placement.
1948 b. The community-based care agency has coordinated with
1949 appropriate local educational agencies to ensure that the child
1950 remains in the school in which the child is enrolled at the time
1951 of placement.
1952 10.9. A projected date likely for the child’s return home
1953 or other permanent placement.
1954 11.10. When appropriate, the basis for the unwillingness or
1955 inability of the parent to become a party to a case plan. The
1956 court and the citizen review panel shall determine if the
1957 efforts of the social service agency to secure party
1958 participation in a case plan were sufficient.
1959 12.11. For a child who has reached 13 years of age but is
1960 not yet 18 years of age, the adequacy of the child’s preparation
1961 for adulthood and independent living.
1962 13.12. If amendments to the case plan are required.
1963 Amendments to the case plan must be made under s. 39.6013.
1964 (3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.—
1965 (a) In addition to the review and report required under
1966 paragraphs (1)(a) and (2)(a), respectively, the court shall hold
1967 a judicial review hearing within 90 days after a child’s 17th
1968 birthday. The court shall also issue an order, separate from the
1969 order on judicial review, that the disability of nonage of the
1970 child has been removed pursuant to ss. 743.044, 743.045, and
1971 743.046, and for any of these disabilities that the court finds
1972 is in the child’s best interest to remove. The court s. 743.045
1973 and shall continue to hold timely judicial review hearings. If
1974 necessary, the court may review the status of the child more
1975 frequently during the year before the child’s 18th birthday. At
1976 each review hearing held under this subsection, in addition to
1977 any information or report provided to the court by the foster
1978 parent, legal custodian, or guardian ad litem, the child shall
1979 be given the opportunity to address the court with any
1980 information relevant to the child’s best interest, particularly
1981 in relation to independent living transition services. The
1982 department shall include in the social study report for judicial
1983 review written verification that the child has:
1984 1. A current Medicaid card and all necessary information
1985 concerning the Medicaid program sufficient to prepare the child
1986 to apply for coverage upon reaching the age of 18, if such
1987 application is appropriate.
1988 2. A certified copy of the child’s birth certificate and,
1989 if the child does not have a valid driver license, a Florida
1990 identification card issued under s. 322.051.
1991 3. A social security card and information relating to
1992 social security insurance benefits if the child is eligible for
1993 those benefits. If the child has received such benefits and they
1994 are being held in trust for the child, a full accounting of
1995 these funds must be provided and the child must be informed as
1996 to how to access those funds.
1997 4. All relevant information related to the Road-to
1998 Independence Program, including, but not limited to, eligibility
1999 requirements, information on participation, and assistance in
2000 gaining admission to the program. If the child is eligible for
2001 the Road-to-Independence Program, he or she must be advised that
2002 he or she may continue to reside with the licensed family home
2003 or group care provider with whom the child was residing at the
2004 time the child attained his or her 18th birthday, in another
2005 licensed family home, or with a group care provider arranged by
2006 the department.
2007 5. An open bank account or the identification necessary to
2008 open a bank account and to acquire essential banking and
2009 budgeting skills.
2010 6. Information on public assistance and how to apply for
2011 public assistance.
2012 7. A clear understanding of where he or she will be living
2013 on his or her 18th birthday, how living expenses will be paid,
2014 and the educational program or school in which he or she will be
2015 enrolled.
2016 8. Information related to the ability of the child to
2017 remain in care until he or she reaches 21 years of age under s.
2018 39.013.
2019 9. A letter providing the dates that the child is under the
2020 jurisdiction of the court.
2021 10. A letter stating that the child is in compliance with
2022 financial aid documentation requirements.
2023 11. The child’s educational records.
2024 12. The child’s entire health and mental health records.
2025 13. The process for accessing his or her case file.
2026 14. A statement encouraging the child to attend all
2027 judicial review hearings occurring after the child’s 17th
2028 birthday.
2029 Section 18. Subsection (2) of section 39.802, Florida
2030 Statutes, is amended to read:
2031 39.802 Petition for termination of parental rights; filing;
2032 elements.—
2033 (2) The form of the petition is governed by the Florida
2034 Rules of Juvenile Procedure. The petition must be in writing and
2035 signed by the petitioner or, if the department is the
2036 petitioner, by an employee of the department, under oath stating
2037 the petitioner’s good faith in filing the petition.
2038 Section 19. Paragraph (g) of subsection (1) of section
2039 63.212, Florida Statutes, is amended to read:
2040 63.212 Prohibited acts; penalties for violation.—
2041 (1) It is unlawful for any person:
2042 (g) Except an adoption entity, to advertise or offer to the
2043 public, in any way, by any medium whatever that a minor is
2044 available for adoption or that a minor is sought for adoption;
2045 and, further, it is unlawful for any person to publish or
2046 broadcast any such advertisement or assist an unlicensed person
2047 or entity in publishing or broadcasting any such advertisement
2048 without including a Florida license number of the agency or
2049 attorney placing the advertisement.
2050 1. Only a person who is an attorney licensed to practice
2051 law in this state or an adoption entity licensed under the laws
2052 of this state may place a paid advertisement or paid listing of
2053 the person’s telephone number, on the person’s own behalf, in a
2054 telephone directory that:
2055 a. A child is offered or wanted for adoption; or
2056 b. The person is able to place, locate, or receive a child
2057 for adoption.
2058 2. A person who publishes a telephone directory that is
2059 distributed in this state:
2060 a. shall include, at the beginning of any classified
2061 heading for adoption and adoption services, a statement that
2062 informs directory users that only attorneys licensed to practice
2063 law in this state and licensed adoption entities may legally
2064 provide adoption services under state law.
2065 3.b. A person who places may publish an advertisement
2066 described in subparagraph 1. in a the telephone directory must
2067 include only if the advertisement contains the following
2068 information:
2069 a.(I) For an attorney licensed to practice law in this
2070 state, the person’s Florida Bar number.
2071 b.(II) For a child placing agency licensed under the laws
2072 of this state, the number on the person’s adoption entity
2073 license.
2074 Section 20. Subsection (1) and paragraph (c) of subsection
2075 (3) of section 383.402, Florida Statutes, are amended to read:
2076 383.402 Child abuse death review; State Child Abuse Death
2077 Review Committee; local child abuse death review committees.—
2078 (1) It is the intent of the Legislature to establish a
2079 statewide multidisciplinary, multiagency child abuse death
2080 assessment and prevention system that consists of state and
2081 local review committees. The state and local review committees
2082 shall review the facts and circumstances of all deaths of
2083 children from birth through age 18 which occur in this state and
2084 are reported to the central abuse hotline of the Department of
2085 Children and Families as the result of verified child abuse or
2086 neglect. The purpose of the review shall be to:
2087 (a) Achieve a greater understanding of the causes and
2088 contributing factors of deaths resulting from child abuse.
2089 (b) Whenever possible, develop a communitywide approach to
2090 address such cases and contributing factors.
2091 (c) Identify any gaps, deficiencies, or problems in the
2092 delivery of services to children and their families by public
2093 and private agencies which may be related to deaths that are the
2094 result of child abuse.
2095 (d) Make and implement recommendations for changes in law,
2096 rules, and policies, as well as develop practice standards that
2097 support the safe and healthy development of children and reduce
2098 preventable child abuse deaths.
2099 (3) The State Child Abuse Death Review Committee shall:
2100 (c) Prepare an annual statistical report on the incidence
2101 and causes of death resulting from reported child abuse in the
2102 state during the prior calendar year. The state committee shall
2103 submit a copy of the report by October 1 December 31 of each
2104 year to the Governor, the President of the Senate, and the
2105 Speaker of the House of Representatives. The report must include
2106 recommendations for state and local action, including specific
2107 policy, procedural, regulatory, or statutory changes, and any
2108 other recommended preventive action.
2109 Section 21. Subsection (5) of section 402.40, Florida
2110 Statutes, is amended, and paragraph (g) is added to subsection
2111 (3) of that section, to read:
2112 402.40 Child welfare training and certification.—
2113 (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
2114 shall approve one or more third-party credentialing entities for
2115 the purpose of developing and administering child welfare
2116 certification programs for persons who provide child welfare
2117 services. A third-party credentialing entity shall request such
2118 approval in writing from the department. In order to obtain
2119 approval, the third-party credentialing entity must:
2120 (g) Maintain an advisory committee, including
2121 representatives from each region of the department, each
2122 sheriff’s office providing child protective services, and each
2123 community-based care lead agency, who shall be appointed by the
2124 organization they represent. The third-party credentialing
2125 entity may appoint additional members to the advisory committee.
2126 (5) CORE COMPETENCIES AND SPECIALIZATIONS.—
2127 (a) The Department of Children and Families Family Services
2128 shall approve the core competencies and related preservice
2129 curricula that ensures that each person delivering child welfare
2130 services obtains the knowledge, skills, and abilities to
2131 competently carry out his or her work responsibilities.
2132 (b) The identification of these core competencies and
2133 development of preservice curricula shall be a collaborative
2134 effort that includes professionals who have expertise in child
2135 welfare services, department-approved third-party credentialing
2136 entities, and providers that will be affected by the curriculum,
2137 including, but not limited to, representatives from the
2138 community-based care lead agencies, sheriffs’ offices conducting
2139 child protection investigations, and child welfare legal
2140 services providers.
2141 (c) Community-based care agencies, sheriffs’ offices, and
2142 the department may contract for the delivery of preservice and
2143 any additional training for persons delivering child welfare
2144 services if the curriculum satisfies the department-approved
2145 core competencies.
2146 (d) The department may also approve certifications
2147 involving specializations in serving specific populations or in
2148 skills relevant to child protection to be awarded to persons
2149 delivering child welfare services by a third-party credentialing
2150 entity approved pursuant to subsection (3).
2151 (e)(d) Department-approved credentialing entities shall,
2152 for a period of at least 12 months after implementation of the
2153 third-party child welfare certification programs, grant
2154 reciprocity and award a child welfare certification to
2155 individuals who hold current department-issued child welfare
2156 certification in good standing, at no cost to the department or
2157 the certificateholder.
2158 Section 22. Section 402.402, Florida Statutes, is created
2159 to read:
2160 402.402 Child protection and child welfare personnel;
2161 attorneys employed by the department.–
2162 (1) DEFINITIONS.—As used in this section, the term:
2163 (a) “Child protection and child welfare personnel” includes
2164 child protective investigators and child protective investigator
2165 supervisors employed by the department and case managers and
2166 case manager supervisors employed by a community-based care lead
2167 agency or a subcontractor of a community-based care lead agency.
2168 (b) “Human services-related field” means psychology,
2169 sociology, counseling, special education, human development,
2170 child development, family development, marriage and family
2171 therapy, and nursing.
2172 (2) CHILD PROTECTION AND CHILD WELFARE PERSONNEL
2173 REQUIREMENTS.—
2174 (a) On an annual and statewide basis, 80 percent of child
2175 protective investigators and child protective investigation
2176 supervisors hired by the department on or after July 1, 2014,
2177 must have a bachelor’s degree or master’s degree in social work
2178 from a college or university social work program accredited by
2179 the Council on Social Work Education. If no viable candidates
2180 are available, the department may hire a person with a
2181 bachelor’s degree or master’s degree in a human services-related
2182 field. However, such employees must complete certification
2183 pursuant to s. 402.40(3) and complete at least 6 credit hours of
2184 college level coursework that imparts knowledge and leads to the
2185 development of skills with direct application to the child
2186 protection field within 3 years of the date of hire.
2187 (b) Child protective investigators and child protective
2188 investigation supervisors employed by the department or a
2189 sheriff’s office before July 1, 2014, are exempt from the
2190 requirements of paragraph (a).
2191 (c) Child protective investigators and child protective
2192 investigation supervisors employed by a sheriff’s office must
2193 have a bachelor’s degree and, within 3 years of hire, complete
2194 at least 6 credit hours of college level coursework that impart
2195 knowledge and lead to the development of skills with direct
2196 application to the child protection field.
2197 (d) All child protective investigators and child protective
2198 investigation supervisors employed by the department or a
2199 sheriff’s office must complete specialized training focused on
2200 serving a specific population, including, but not limited to,
2201 medically fragile children, sexually exploited children,
2202 children under 3 years of age, or families with a history of
2203 domestic violence, mental illness, or substance abuse, or
2204 focused on performing certain aspects of child protection
2205 practice, including, but not limited to, investigation
2206 techniques and analysis of family dynamics. The specialized
2207 training may be used to fulfill continuing education
2208 requirements under s. 402.40(3)(e). Individuals hired before
2209 July 1, 2014, shall complete the specialized training by June
2210 30, 2016, and individuals hired on or after July 1, 2014, shall
2211 complete the specialized training within 2 years after hire. An
2212 individual may receive specialized training in multiple areas.
2213 (3) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD
2214 WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose
2215 primary responsibility is representing the department in child
2216 welfare cases shall, within the first 6 months of employment,
2217 receive training in:
2218 (a) The dependency court process, including the attorney’s
2219 role in preparing and reviewing documents prepared for
2220 dependency court for accuracy and completeness;
2221 (b) Preparing and presenting child welfare cases, including
2222 at least 1 week shadowing an experienced children’s legal
2223 services attorney preparing and presenting cases;
2224 (c) Safety assessment, safety decisionmaking tools, and
2225 safety plans;
2226 (d) Developing information presented by investigators and
2227 case managers to support decisionmaking in the best interest of
2228 children; and
2229 (e) The experiences and techniques of case managers and
2230 investigators, including shadowing an experienced child
2231 protective investigator and an experienced case manager for at
2232 least 8 hours.
2233 Section 23. Section 402.403, Florida Statutes, is created
2234 to read:
2235 402.403 Child Protection and Child Welfare Personnel
2236 Tuition Exemption Program.—
2237 (1) There is established within the department the Child
2238 Protection and Child Welfare Personnel Tuition Exemption Program
2239 for the purpose of recruiting and retaining high-performing
2240 individuals who are employed as child protection and child
2241 welfare personnel as defined in s. 402.402 and who do not
2242 possess a master’s degree in social work or a certificate in an
2243 area related to child welfare.
2244 (2) Child protection and child welfare personnel who meet
2245 the requirements specified in subsection (3) are exempt from the
2246 payment of tuition and fees at a state university.
2247 (3) The department may approve child protection and child
2248 welfare personnel for the tuition and fee exemption if such
2249 personnel:
2250 (a) Are employed as child protection and child welfare
2251 personnel and are determined by their employers to perform at a
2252 high level as established by their personnel evaluations; and
2253 (b) Are accepted in a graduate-level social work program or
2254 a certificate program related to child welfare which is
2255 accredited by the Council on Social Work Education.
2256 (4) Child protection and child welfare personnel who meet
2257 the requirements specified in subsection (3) may enroll for up
2258 to 6 credit hours of courses per term.
2259 (5) Child protection and child welfare personnel who are
2260 accepted into a graduate-level social work program or a
2261 certificate program related to child welfare which is accredited
2262 by the Council on Social Work Education shall take courses
2263 associated with the degree or certificate program online if such
2264 courses are offered online.
2265 Section 24. Section 402.404, Florida Statutes, is created
2266 to read:
2267 402.404 Child Protective Investigator and Supervisor
2268 Student Loan Forgiveness Program.—
2269 (1) There is established within the department the Child
2270 Protective Investigator and Supervisor Student Loan Forgiveness
2271 Program. The purpose of the program is to increase employment
2272 and retention of high-performing individuals who have either a
2273 bachelor’s degree or a master’s degree in social work and work
2274 in child protection or child welfare for the department, a
2275 community-based care lead agency, or a community-based care
2276 subcontractor by making payments toward loans received by
2277 students from federal or state programs or commercial lending
2278 institutions for the support of prior postsecondary study in
2279 accredited social work programs.
2280 (2) To be eligible for the program, a candidate must:
2281 (a) Be employed by the department as a child protective
2282 investigator or a child protective investigation supervisor or
2283 be employed by a community-based care lead agency or
2284 subcontractor as a case manager or case manager supervisor;
2285 (b) Be determined by the department or his or her employer
2286 to have a high level of performance based on his or her personal
2287 evaluation; and
2288 (c) Have graduated from an accredited social work program
2289 with either a bachelor’s degree or a master’s degree in social
2290 work.
2291 (3) Only loans to pay the costs of tuition, books, fees,
2292 and living expenses shall be covered.
2293 (4) The department or lead agency may make loan payments of
2294 up to $3,000 each year for up to 4 years on behalf of selected
2295 graduates of an accredited social work program from the funds
2296 appropriated for this purpose. All payments are contingent upon
2297 continued proof of employment and shall be made directly to the
2298 holder of the loan.
2299 (5) A student who receives a tuition exemption pursuant to
2300 s. 402.403 is not eligible to participate in the Child
2301 Protective Investigator and Supervisor Student Loan Forgiveness
2302 Program.
2303 (6) The department shall prioritize funds appropriated for
2304 this purpose to regions with high average caseloads and low
2305 workforce retention rates.
2306 Section 25. Section 409.165, Florida Statutes, is amended
2307 to read:
2308 409.165 Alternate care for children.—
2309 (1) Within funds appropriated, the department shall
2310 establish and supervise a program of emergency shelters, runaway
2311 shelters, foster homes, group homes, agency-operated group
2312 treatment homes, nonpsychiatric residential group care
2313 facilities, psychiatric residential treatment facilities, and
2314 other appropriate facilities to provide shelter and care for
2315 dependent children who must be placed away from their families.
2316 The department, in accordance with outcome established goals
2317 established in s. 409.986, shall contract for the provision of
2318 such shelter and care by counties, municipalities, nonprofit
2319 corporations, and other entities capable of providing needed
2320 services if:
2321 (a) The services so provided comply with all department
2322 standards, policies, and procedures are available;
2323 (b) The services can be so provided at a reasonable cost
2324 are more cost-effective than those provided by the department;
2325 and
2326 (c) Unless otherwise provided by law, such providers of
2327 shelter and care are licensed by the department.
2328
2329 It is the legislative intent that the
2330 (2) Funds appropriated for the alternate care of children
2331 as described in this section may be used to meet the needs of
2332 children in their own homes or those of relatives if the
2333 children can be safely served in such settings their own homes,
2334 or the homes of relatives, and the expenditure of funds in such
2335 manner is equal to or less than the cost of out-of-home
2336 placement calculated by the department to be an eventual cost
2337 savings over placement of children.
2338 (3)(2) The department shall may cooperate with all child
2339 service institutions or agencies within the state which meet the
2340 department’s standards in order to maintain a comprehensive,
2341 coordinated, and inclusive system for promoting and protecting
2342 the well-being of children, consistent with the goals
2343 established in s. 409.986 rules for proper care and supervision
2344 prescribed by the department for the well-being of children.
2345 (a) The department shall work with the Department of Health
2346 in the development, use, and monitoring of medical foster homes
2347 for medically complex children.
2348 (b) The department shall collaborate with all relevant
2349 state and local agencies to provide such supports and services
2350 as may be necessary to maintain medically complex children in
2351 the least restrictive and most nurturing environment.
2352 (4)(3) With the written consent of parents, custodians, or
2353 guardians, or in accordance with those provisions in chapter 39
2354 that relate to dependent children, the department, under rules
2355 properly adopted, may place a child:
2356 (a) With a relative;
2357 (b) With an adult nonrelative approved by the court for
2358 long-term custody;
2359 (c) With a person who is considering the adoption of a
2360 child in the manner provided for by law;
2361 (d) When limited, except as provided in paragraph (b), to
2362 temporary emergency situations, with a responsible adult
2363 approved by the court;
2364 (e) With a person or family approved by the department to
2365 serve as a medical foster home;
2366 (f)(e) With a person or agency licensed by the department
2367 in accordance with s. 409.175; or
2368 (g)(f) In a subsidized independent living situation,
2369 subject to the provisions of s. 409.1451(4)(c),
2370
2371 under such conditions as are determined to be for the best
2372 interests or the welfare of the child. Any child placed in an
2373 institution or in a family home by the department or its agency
2374 may be removed by the department or its agency, and such other
2375 disposition may be made as is for the best interest of the
2376 child, including transfer of the child to another institution,
2377 another home, or the home of the child. Expenditure of funds
2378 appropriated for out-of-home care can be used to meet the needs
2379 of a child in the child’s own home or the home of a relative if
2380 the child can be safely served in the child’s own home or that
2381 of a relative if placement can be avoided by the expenditure of
2382 such funds, and if the expenditure of such funds in this manner
2383 is equal to or less than the cost of out-of-home placement
2384 calculated by the department to be a potential cost savings.
2385 Section 26. Paragraph (c) of subsection (2) of section
2386 409.967, Florida Statutes, is amended to read:
2387 409.967 Managed care plan accountability.—
2388 (2) The agency shall establish such contract requirements
2389 as are necessary for the operation of the statewide managed care
2390 program. In addition to any other provisions the agency may deem
2391 necessary, the contract must require:
2392 (c) Access.—
2393 1. The agency shall establish specific standards for the
2394 number, type, and regional distribution of providers in managed
2395 care plan networks to ensure access to care for both adults and
2396 children. Each plan must maintain a regionwide network of
2397 providers in sufficient numbers to meet the access standards for
2398 specific medical services for all recipients enrolled in the
2399 plan. The exclusive use of mail-order pharmacies may not be
2400 sufficient to meet network access standards. Consistent with the
2401 standards established by the agency, provider networks may
2402 include providers located outside the region. A plan may
2403 contract with a new hospital facility before the date the
2404 hospital becomes operational if the hospital has commenced
2405 construction, will be licensed and operational by January 1,
2406 2013, and a final order has issued in any civil or
2407 administrative challenge. Each plan shall establish and maintain
2408 an accurate and complete electronic database of contracted
2409 providers, including information about licensure or
2410 registration, locations and hours of operation, specialty
2411 credentials and other certifications, specific performance
2412 indicators, and such other information as the agency deems
2413 necessary. The database must be available online to both the
2414 agency and the public and have the capability to compare the
2415 availability of providers to network adequacy standards and to
2416 accept and display feedback from each provider’s patients. Each
2417 plan shall submit quarterly reports to the agency identifying
2418 the number of enrollees assigned to each primary care provider.
2419 2. Each managed care plan must publish any prescribed drug
2420 formulary or preferred drug list on the plan’s website in a
2421 manner that is accessible to and searchable by enrollees and
2422 providers. The plan must update the list within 24 hours after
2423 making a change. Each plan must ensure that the prior
2424 authorization process for prescribed drugs is readily accessible
2425 to health care providers, including posting appropriate contact
2426 information on its website and providing timely responses to
2427 providers. For Medicaid recipients diagnosed with hemophilia who
2428 have been prescribed anti-hemophilic-factor replacement
2429 products, the agency shall provide for those products and
2430 hemophilia overlay services through the agency’s hemophilia
2431 disease management program.
2432 3. Managed care plans, and their fiscal agents or
2433 intermediaries, must accept prior authorization requests for any
2434 service electronically.
2435 4. Managed care plans serving children in the care and
2436 custody of the Department of Children and Families must maintain
2437 complete medical, dental, and behavioral health information and
2438 provide such information to the department for inclusion in the
2439 state’s child welfare data system. Using such documentation, the
2440 agency and the department shall determine the plan’s compliance
2441 with standards for access to medical, dental, and behavioral
2442 health services; the use of psychotropic medications; and
2443 followup on all medically necessary services recommended as a
2444 result of early and periodic screening, diagnosis, and
2445 treatment.
2446 Section 27. Paragraph (f) is added to subsection (2) of
2447 section 409.972, Florida Statutes, to read:
2448 409.972 Mandatory and voluntary enrollment.—
2449 (2) The following Medicaid-eligible persons are exempt from
2450 mandatory managed care enrollment required by s. 409.965, and
2451 may voluntarily choose to participate in the managed medical
2452 assistance program:
2453 (f) Medicaid recipients residing in a group home facility
2454 licensed under chapter 393.
2455 Section 28. The Division of Law Revision and Information is
2456 directed to create part V of chapter 409, Florida Statutes,
2457 consisting of ss. 409.986-409.998, to be entitled “Community
2458 based child welfare.”
2459 Section 29. Section 409.986, Florida Statutes, is created
2460 to read:
2461 409.986 Legislative findings and intent; child protection
2462 and child welfare outcomes; definitions.—
2463 (1) LEGISLATIVE FINDINGS AND INTENT.—
2464 (a) It is the intent of the Legislature that the Department
2465 of Children and Families provide child protection and child
2466 welfare services to children through contracting with community
2467 based care lead agencies. It is the further intent of the
2468 Legislature that communities have responsibility for and
2469 participate in ensuring safety, permanence, and well-being for
2470 all children in the state.
2471 (b) The Legislature finds that when private entities assume
2472 responsibility for the care of children in the child protection
2473 and child welfare system, comprehensive oversight of the
2474 programmatic, administrative, and fiscal operation of those
2475 entities is essential. The Legislature further finds that the
2476 appropriate care of children is ultimately the responsibility of
2477 the state and that outsourcing such care does not relieve the
2478 state of its responsibility to ensure that appropriate care is
2479 provided.
2480 (2) CHILD PROTECTION AND CHILD WELFARE OUTCOMES.—It is the
2481 goal of the department to protect the best interest of children
2482 by achieving the following outcomes in conjunction with the
2483 community-based care lead agency, community-based
2484 subcontractors, and the community alliance:
2485 (a) Children are first and foremost protected from abuse
2486 and neglect.
2487 (b) Children are safely maintained in their homes, if
2488 possible and appropriate.
2489 (c) Services are provided to protect children and prevent
2490 their removal from their home.
2491 (d) Children have permanency and stability in their living
2492 arrangements.
2493 (e) Family relationships and connections are preserved for
2494 children.
2495 (f) Families have enhanced capacity to provide for their
2496 children’s needs.
2497 (g) Children receive appropriate services to meet their
2498 educational needs.
2499 (h) Children receive adequate services to meet their
2500 physical and mental health needs.
2501 (i) Children develop the capacity for independent living
2502 and competence as an adult.
2503 (3) DEFINITIONS.—As used in this part, except as otherwise
2504 provided, the term:
2505 (a) “Care” means services of any kind which are designed to
2506 facilitate a child remaining safely in his or her own home,
2507 returning safely to his or her own home if he or she is removed
2508 from the home, or obtaining an alternative permanent home if he
2509 or she cannot remain at home or be returned home. The term
2510 includes, but is not be limited to, prevention, diversion, and
2511 related services.
2512 (b) “Child” or “children” has the same meaning as provided
2513 in s. 39.01.
2514 (c) “Community alliance” or “alliance” means the group of
2515 stakeholders, community leaders, client representatives, and
2516 funders of human services established pursuant to s. 20.19(5) to
2517 provide a focal point for community participation and oversight
2518 of community-based services.
2519 (d) “Community-based care lead agency” or “lead agency”
2520 means a single entity with which the department has a contract
2521 for the provision of care for children in the child protection
2522 and child welfare system in a community that is no smaller than
2523 a county and no larger than two contiguous judicial circuits.
2524 The secretary of the department may authorize more than one
2525 eligible lead agency within a single county if doing so will
2526 result in more effective delivery of services to children.
2527 (e) “Related services” includes, but is not limited to,
2528 family preservation, independent living, emergency shelter,
2529 residential group care, foster care, therapeutic foster care,
2530 intensive residential treatment, foster care supervision, case
2531 management, coordination of mental health services,
2532 postplacement supervision, permanent foster care, and family
2533 reunification.
2534 Section 30. Section 409.987, Florida Statutes, is created
2535 to read:
2536 409.987 Lead agency procurement.—
2537 (1) Community-based care lead agencies shall be procured by
2538 the department through a competitive process as required under
2539 chapter 287.
2540 (2) The department shall produce a schedule for the
2541 procurement of community-based care lead agencies and provide
2542 the schedule to the community alliances established pursuant to
2543 s. 409.998 and post the schedule on the department’s website.
2544 (3) Notwithstanding s. 287.057, the department shall use 5
2545 year contracts with lead agencies.
2546 (4) In order to serve as a lead agency, an entity must:
2547 (a) Be organized as a Florida corporation or a governmental
2548 entity.
2549 (b) Be governed by a board of directors or a board
2550 committee composed of board members. The membership of the board
2551 of directors or board committee must be described in the bylaws
2552 or articles of incorporation of each lead agency, which must
2553 provide that at least 75 percent of the membership of the board
2554 of directors or board committee must consist of persons residing
2555 in this state, and at least 51 percent of the state residents on
2556 the board of directors must reside within the service area of
2557 the lead agency. However, for procurements of lead agency
2558 contracts initiated on or after July 1, 2014:
2559 1. At least 75 percent of the membership of the board of
2560 directors must consist of persons residing in this state, and at
2561 least 51 percent of the membership of the board of directors
2562 must consist of persons residing within the service area of the
2563 lead agency. If a board committee governs the lead agency, 100
2564 percent of its membership must consist of persons residing
2565 within the service area of the lead agency.
2566 2. The powers of the board of directors or board committee
2567 include, are not limited to, approving the lead agency’s budget
2568 and setting the lead agency’s operational policy and procedures.
2569 A board of directors must additionally have the power to hire
2570 the lead agency’s executive director, unless a board committee
2571 governs the lead agency, in which case the board committee must
2572 have the power to confirm the selection of the lead agency’s
2573 executive director.
2574 (c) Demonstrate financial responsibility through an
2575 organized plan for regular fiscal audits and the posting of a
2576 performance bond.
2577 (5) The department’s procurement team procuring any lead
2578 agencies’ contracts must include individuals from the community
2579 alliance in the area to be served under the contract. All
2580 meetings at which vendors make presentations to or negotiate
2581 with the procurement team shall be held in the area to be served
2582 by the contract.
2583 (6) Upon award and execution of a contract between the
2584 department and a lead agency, the parties shall enter into a
2585 letter of engagement that the department will provide legal
2586 representation to the lead agency or its subcontractors for the
2587 preparation and presentation of dependency court proceedings.
2588 The department may not charge the lead agency for such legal
2589 representation.
2590 Section 31. Section 409.988, Florida Statutes, is created
2591 to read:
2592 409.988 Lead agency duties; general provisions.—
2593 (1) DUTIES.—A lead agency:
2594 (a) Shall serve all children referred as a result of a
2595 report of abuse, neglect, or abandonment to the department’s
2596 central abuse hotline, including, but not limited to, children
2597 who are the subject of verified reports and children who are not
2598 the subject of verified reports but who are at moderate to
2599 extremely high risk of abuse, neglect, or abandonment, as
2600 determined using the department’s risk assessment instrument,
2601 regardless of the level of funding allocated to the lead agency
2602 by the state if all related funding is transferred. The lead
2603 agency may also serve children who have not been the subject of
2604 reports of abuse, neglect, or abandonment, but who are at risk
2605 of abuse, neglect, or abandonment, to prevent their entry into
2606 the child protection and child welfare system.
2607 (b) Shall provide accurate and timely information necessary
2608 for oversight by the department pursuant to the child welfare
2609 results-oriented accountability system required by s. 409.997.
2610 (c) Shall follow the financial guidelines developed by the
2611 department and provide for a regular independent auditing of its
2612 financial activities. Such financial information shall be
2613 provided to the community alliance established under s. 409.998.
2614 (d) Shall post on its website the current budget for the
2615 lead agency, including the salaries, bonuses, and other
2616 compensation paid, by position, for the agency’s chief executive
2617 officer, chief financial officer, chief operating officer, or
2618 their equivalents.
2619 (e) Shall prepare all judicial reviews, case plans, and
2620 other reports necessary for court hearings for dependent
2621 children, except those related to the investigation of a
2622 referral from the department’s child abuse hotline, and shall
2623 submit these documents timely to the department’s attorneys for
2624 review, any necessary revision, and filing with the court. The
2625 lead agency shall make the necessary staff available to
2626 department attorneys for preparation for dependency proceedings,
2627 and shall provide testimony and other evidence required for
2628 dependency court proceedings in coordination with the
2629 department’s attorneys. This duty does not include the
2630 preparation of legal pleadings or other legal documents, which
2631 remain the responsibility of the department.
2632 (f) Shall ensure that all individuals providing care for
2633 dependent children receive appropriate training and meet the
2634 minimum employment standards established by the department.
2635 (g) Shall maintain eligibility to receive all available
2636 federal child welfare funds.
2637 (h) Shall maintain written agreements with Healthy Families
2638 Florida lead entities in its service area pursuant to s. 409.153
2639 to promote cooperative planning for the provision of prevention
2640 and intervention services.
2641 (i) Shall comply with federal and state statutory
2642 requirements and agency rules in the provision of contractual
2643 services.
2644 (j) May subcontract for the provision of services required
2645 by the contract with the lead agency and the department;
2646 however, the subcontracts must specify how the provider will
2647 contribute to the lead agency meeting the performance standards
2648 established pursuant to the child welfare results-oriented
2649 accountability system required by s. 409.997. The lead agency
2650 shall directly provide no more than 35 percent of all child
2651 welfare services provided.
2652 (k) Shall post on its website by the 15th day of each month
2653 at a minimum the information contained in subparagraphs 1.-4.
2654 for the preceding calendar month regarding its case management
2655 services. The following information shall be reported by each
2656 individual subcontracted case management provider, by the lead
2657 agency, if the lead agency provides case management services,
2658 and in total for all case management services subcontracted or
2659 directly provided by the lead agency:
2660 1. The average caseload of case managers, including only
2661 filled positions;
2662 2. The turnover rate for case managers and case management
2663 supervisors for the previous 12 months;
2664 3. The percentage of required home visits completed; and
2665 4. Performance on outcome measures required pursuant to s.
2666 409.997 for the previous 12 months.
2667 (2) LICENSURE.—
2668 (a) A lead agency must be licensed as a child-caring or
2669 child-placing agency by the department under this chapter.
2670 (b) Each foster home, therapeutic foster home, emergency
2671 shelter, or other placement facility operated by the lead agency
2672 must be licensed by the department under chapter 402 or this
2673 chapter.
2674 (c) Substitute care providers who are licensed under s.
2675 409.175 and who have contracted with a lead agency are also
2676 authorized to provide registered or licensed family day care
2677 under s. 402.313 if such care is consistent with federal law and
2678 if the home has met the requirements of s. 402.313.
2679 (d) In order to eliminate or reduce the number of duplicate
2680 inspections by various program offices, the department shall
2681 coordinate inspections required for licensure of agencies under
2682 this subsection.
2683 (e) The department may adopt rules to administer this
2684 subsection.
2685 (3) SERVICES.—A lead agency must serve dependent children
2686 through services that are supported by research or are best
2687 child welfare practices. The agency may also provide innovative
2688 services, including, but not limited to, family-centered,
2689 cognitive-behavioral, trauma-informed interventions designed to
2690 mitigate out-of-home placements.
2691 (4) LEAD AGENCY ACTING AS GUARDIAN.—
2692 (a) If a lead agency or other provider has accepted case
2693 management responsibilities for a child who is sheltered or
2694 found to be dependent and who is assigned to the care of the
2695 lead agency or other provider, the agency or provider may act as
2696 the child’s guardian for the purpose of registering the child in
2697 school if a parent or guardian of the child is unavailable and
2698 his or her whereabouts cannot reasonably be ascertained.
2699 (b) The lead agency or other provider may also seek
2700 emergency medical attention for the child, but only if a parent
2701 or guardian of the child is unavailable, the parent or
2702 guardian’s whereabouts cannot reasonably be ascertained, and a
2703 court order for such emergency medical services cannot be
2704 obtained because of the severity of the emergency or because it
2705 is after normal working hours.
2706 (c) A lead agency or other provider may not consent to
2707 sterilization, abortion, or termination of life support.
2708 (d) If a child’s parents’ rights have been terminated, the
2709 lead agency shall act as guardian of the child in all
2710 circumstances.
2711 Section 32. Section 409.990, Florida Statutes, is created
2712 to read:
2713 409.990 Funding for lead agencies.—A contract established
2714 between the department and a lead agency must be funded by a
2715 grant of general revenue, other applicable state funds, or
2716 applicable federal funding sources.
2717 (1) The method of payment for a fixed-price contract with a
2718 lead agency must provide for a 2-month advance payment at the
2719 beginning of each fiscal year and equal monthly payments
2720 thereafter.
2721 (2) Notwithstanding s. 215.425, all documented federal
2722 funds earned for the current fiscal year by the department and
2723 lead agencies which exceed the amount appropriated by the
2724 Legislature shall be distributed to all entities that
2725 contributed to the excess earnings based on a schedule and
2726 methodology developed by the department and approved by the
2727 Executive Office of the Governor.
2728 (a) Distribution shall be pro rata, based on total
2729 earnings, and shall be made only to those entities that
2730 contributed to excess earnings.
2731 (b) Excess earnings of lead agencies shall be used only in
2732 the service district in which they were earned.
2733 (c) Additional state funds appropriated by the Legislature
2734 for lead agencies or made available pursuant to the budgetary
2735 amendment process described in s. 216.177 shall be transferred
2736 to the lead agencies.
2737 (d) The department shall amend a lead agency’s contract to
2738 permit expenditure of the funds.
2739 (3) Notwithstanding any other provision of this section,
2740 the amount of the annual contract for a lead agency may be
2741 increased by excess federal funds earned in accordance with s.
2742 216.181(11).
2743 (4) Each contract with a lead agency shall provide for the
2744 payment by the department to the lead agency of a reasonable
2745 administrative cost in addition to funding for the provision of
2746 services.
2747 (5) A lead agency may carry forward documented unexpended
2748 state funds from one fiscal year to the next; however, the
2749 cumulative amount carried forward may not exceed 8 percent of
2750 the total contract. Any unexpended state funds in excess of that
2751 percentage must be returned to the department.
2752 (a) The funds carried forward may not be used in any way
2753 that would create increased recurring future obligations, and
2754 such funds may not be used for any type of program or service
2755 that is not currently authorized by the existing contract with
2756 the department.
2757 (b) Expenditures of funds carried forward must be
2758 separately reported to the department.
2759 (c) Any unexpended funds that remain at the end of the
2760 contract period shall be returned to the department.
2761 (d) Funds carried forward may be retained through any
2762 contract renewals and any new procurements as long as the same
2763 lead agency is retained by the department.
2764 (6) It is the intent of the Legislature to improve services
2765 and local participation in community-based care initiatives by
2766 fostering community support and providing enhanced prevention
2767 and in-home services, thereby reducing the risk otherwise faced
2768 by lead agencies. A community partnership matching grant program
2769 is established and shall be operated by the department to
2770 encourage local participation in community-based care for
2771 children in the child welfare system. A children’s services
2772 council or another local entity that makes a financial
2773 commitment to a community-based care lead agency may be eligible
2774 for a matching grant. The total amount of the local contribution
2775 may be matched on a one-to-one basis up to a maximum annual
2776 amount of $500,000 per lead agency. Awarded matching grant funds
2777 may be used for any prevention or in-home services that can be
2778 reasonably expected to reduce the number of children entering
2779 the child welfare system. Funding available for the matching
2780 grant program is subject to legislative appropriation of
2781 nonrecurring funds provided for this purpose.
2782 (7)(a) The department, in consultation with the Florida
2783 Coalition for Children, Inc., shall develop and implement a
2784 community-based care risk pool initiative to mitigate the
2785 financial risk to eligible lead agencies. This initiative must
2786 include:
2787 1. A risk pool application and protocol developed by the
2788 department which outlines submission criteria, including, but
2789 not limited to, financial and program management, descriptive
2790 data requirements, and timeframes for submission of
2791 applications. Requests for funding from risk pool applicants
2792 must be based on relevant and verifiable service trends and
2793 changes that have occurred during the current fiscal year. The
2794 application must confirm that expenditure of approved risk pool
2795 funds by the lead agency will be completed within the current
2796 fiscal year.
2797 2. A risk pool peer review committee, appointed by the
2798 secretary and consisting of department staff and representatives
2799 from at least three nonapplicant lead agencies, which reviews
2800 and assesses all risk pool applications. Upon completion of each
2801 application review, the peer review committee shall report its
2802 findings and recommendations to the secretary, providing, at a
2803 minimum, the following information:
2804 a. Justification for the specific funding amount required
2805 by the risk pool applicant based on the current year’s service
2806 trend data, including validation that the applicant’s financial
2807 need was caused by circumstances beyond the control of the lead
2808 agency management;
2809 b. Verification that the proposed use of risk pool funds
2810 meets at least one of the purposes specified in paragraph (c);
2811 and
2812 c. Evidence of technical assistance provided in an effort
2813 to avoid the need to access the risk pool and recommendations
2814 for technical assistance to the lead agency to ensure that risk
2815 pool funds are expended effectively and that the agency’s need
2816 for future risk pool funding is diminished.
2817 (b) Upon approval by the secretary of a risk pool
2818 application, the department may request funds from the risk pool
2819 in accordance with s. 216.181(6)(a).
2820 (c) The purposes for which the community-based care risk
2821 pool shall be used include:
2822 1. Significant changes in the number or composition of
2823 clients eligible to receive services.
2824 2. Significant changes in the services that are eligible
2825 for reimbursement.
2826 3. Continuity of care in the event of failure,
2827 discontinuance of service, or financial misconduct by a lead
2828 agency.
2829 4. Significant changes in the mix of available funds.
2830 (d) The department may also request in its annual
2831 legislative budget request, and the Governor may recommend, that
2832 the funding necessary to effect paragraph (c) be appropriated to
2833 the department. In addition, the department may request the
2834 allocation of funds from the community-based care risk pool in
2835 accordance with s. 216.181(6)(a). Funds from the pool may be
2836 used to match available federal dollars.
2837 1. Such funds shall constitute partial security for
2838 contract performance by lead agencies and shall be used to
2839 offset the need for a performance bond.
2840 2. The department may separately require a bond to mitigate
2841 the financial consequences of potential acts of malfeasance or
2842 misfeasance or criminal violations by the service provider.
2843 Section 33. Section 409.16713, Florida Statutes, is
2844 transferred, renumbered as section 409.991, Florida Statutes,
2845 and paragraph (a) of subsection (1) of that section is amended
2846 to read:
2847 409.991 409.16713 Allocation of funds for community-based
2848 care lead agencies.—
2849 (1) As used in this section, the term:
2850 (a) “Core services funding” means all funds allocated to
2851 community-based care lead agencies operating under contract with
2852 the department pursuant to s. 409.987 s. 409.1671, with the
2853 following exceptions:
2854 1. Funds appropriated for independent living;
2855 2. Funds appropriated for maintenance adoption subsidies;
2856 3. Funds allocated by the department for protective
2857 investigations training;
2858 4. Nonrecurring funds;
2859 5. Designated mental health wrap-around services funds; and
2860 6. Funds for special projects for a designated community
2861 based care lead agency.
2862 Section 34. Section 409.992, Florida Statutes, is created
2863 to read:
2864 409.992 Lead agency expenditures.—
2865 (1) The procurement of commodities or contractual services
2866 by lead agencies shall be governed by the financial guidelines
2867 developed by the department and must comply with applicable
2868 state and federal law and follow good business practices.
2869 Pursuant to s. 11.45, the Auditor General may provide technical
2870 advice in the development of the financial guidelines.
2871 (2) Notwithstanding any other provision of law, a
2872 community-based care lead agency may make expenditures for staff
2873 cellular telephone allowances, contracts requiring deferred
2874 payments and maintenance agreements, security deposits for
2875 office leases, related agency professional membership dues other
2876 than personal professional membership dues, promotional
2877 materials, and grant writing services. Expenditures for food and
2878 refreshments, other than those provided to clients in the care
2879 of the agency or to foster parents, adoptive parents, and
2880 caseworkers during training sessions, are not allowable.
2881 (3) A lead community-based care agency and its
2882 subcontractors are exempt from state travel policies as provided
2883 in s. 112.061(3)(a) for their travel expenses incurred in order
2884 to comply with the requirements of this section.
2885 Section 35. Section 409.993, Florida Statutes, is created
2886 to read:
2887 409.993 Lead agencies and subcontractor liability.—
2888 (1) FINDINGS.—
2889 (a) The Legislature finds that the state has traditionally
2890 provided foster care services to children who are the
2891 responsibility of the state. As such, foster children have not
2892 had the right to recover for injuries beyond the limitations
2893 specified in s. 768.28. The Legislature has determined that
2894 foster care and related services should be outsourced pursuant
2895 to this section and that the provision of such services is of
2896 paramount importance to the state. The purpose of such
2897 outsourcing is to increase the level of safety, security, and
2898 stability of children who are or become the responsibility of
2899 the state. One of the components necessary to secure a safe and
2900 stable environment for such children is the requirement that
2901 private providers maintain liability insurance. As such,
2902 insurance needs to be available and remain available to
2903 nongovernmental foster care and related services providers
2904 without the resources of such providers being significantly
2905 reduced by the cost of maintaining such insurance.
2906 (b) The Legislature further finds that, by requiring the
2907 following minimum levels of insurance, children in outsourced
2908 foster care and related services will gain increased protection
2909 and rights of recovery in the event of injury than currently
2910 provided in s. 768.28.
2911 (2) LEAD AGENCY LIABILITY.—
2912 (a) Other than an entity to which s. 768.28 applies, an
2913 eligible community-based care lead agency, or its employees or
2914 officers, except as otherwise provided in paragraph (b), shall,
2915 as a part of its contract, obtain general liability insurance
2916 coverage sufficient to pay any successful tort action up to the
2917 liability caps established in this subsection. In a tort action
2918 brought against such an eligible community-based care lead
2919 agency or employee, net economic damages shall be limited to $2
2920 million per liability claim and $200,000 per automobile claim,
2921 including, but not limited to, past and future medical expenses,
2922 wage loss, and loss of earning capacity, offset by any
2923 collateral source payment paid or payable. In any tort action
2924 brought against such an eligible community-based care lead
2925 agency, noneconomic damages shall be limited to $400,000 per
2926 claim. A claims bill may be brought on behalf of a claimant
2927 pursuant to s. 768.28 for any amount exceeding the limits
2928 specified in this paragraph. Any offset of collateral source
2929 payments made as of the date of the settlement or judgment shall
2930 be in accordance with s. 768.76. The community-based care lead
2931 agency is not liable in tort for the acts or omissions of its
2932 subcontractors or the officers, agents, or employees of its
2933 subcontractors.
2934 (b) The liability of an eligible community-based care lead
2935 agency described in this section shall be exclusive and in place
2936 of all other liability of such lead agency. The same immunities
2937 from liability enjoyed by such lead agencies shall extend to
2938 each employee of the lead agency if he or she is acting in
2939 furtherance of the lead agency’s business, including the
2940 transportation of clients served, as described in this
2941 subsection, in privately owned vehicles. Such immunities are not
2942 applicable to a lead agency or an employee who acts in a
2943 culpably negligent manner or with willful and wanton disregard
2944 or unprovoked physical aggression if such acts result in injury
2945 or death or such acts proximately cause such injury or death.
2946 Such immunities are not applicable to employees of the same lead
2947 agency when each is operating in the furtherance of the agency’s
2948 business, but they are assigned primarily to unrelated work
2949 within private or public employment. The same immunity
2950 provisions enjoyed by a lead agency also apply to any sole
2951 proprietor, partner, corporate officer or director, supervisor,
2952 or other person who, in the course and scope of his or her
2953 duties, acts in a managerial or policymaking capacity and the
2954 conduct that caused the alleged injury arose within the course
2955 and scope of those managerial or policymaking duties. As used in
2956 this subsection and subsection (3), the term “culpably negligent
2957 manner” means reckless indifference or grossly careless
2958 disregard of human life.
2959 (3) SUBCONTRACTOR LIABILITY.—
2960 (a) A subcontractor of an eligible community-based care
2961 lead agency that is a direct provider of foster care and related
2962 services to children and families, and its employees or
2963 officers, except as otherwise provided in paragraph (b), must,
2964 as a part of its contract, obtain general liability insurance
2965 coverage sufficient to pay any successful tort action up to the
2966 liability caps established in this subsection. In a tort action
2967 brought against such subcontractor or employee, net economic
2968 damages shall be limited to $2 million per liability claim and
2969 $200,000 per automobile claim, including, but not limited to,
2970 past and future medical expenses, wage loss, and loss of earning
2971 capacity, offset by any collateral source payment paid or
2972 payable. In a tort action brought against such subcontractor,
2973 noneconomic damages shall be limited to $400,000 per claim. A
2974 claims bill may be brought on behalf of a claimant pursuant to
2975 s. 768.28 for any amount exceeding the limits specified in this
2976 paragraph. Any offset of collateral source payments made as of
2977 the date of the settlement or judgment shall be in accordance
2978 with s. 768.76.
2979 (b) The liability of a subcontractor of an eligible
2980 community-based care lead agency that is a direct provider of
2981 foster care and related services as described in this section is
2982 exclusive and in place of all other liability of such provider.
2983 The same immunities from liability enjoyed by such subcontractor
2984 provider extend to each employee of the subcontractor when such
2985 employee is acting in furtherance of the subcontractor’s
2986 business, including the transportation of clients served, as
2987 described in this subsection, in privately owned vehicles. Such
2988 immunities are not applicable to a subcontractor or an employee
2989 who acts in a culpably negligent manner or with willful and
2990 wanton disregard or unprovoked physical aggression if such acts
2991 result in injury or death or if such acts proximately cause such
2992 injury or death. Such immunities are not applicable to employees
2993 of the same subcontractor who are operating in the furtherance
2994 of the subcontractor’s business but are assigned primarily to
2995 unrelated works within private or public employment. The same
2996 immunity provisions enjoyed by a subcontractor also apply to any
2997 sole proprietor, partner, corporate officer or director,
2998 supervisor, or other person who, in the course and scope of his
2999 or her duties, acts in a managerial or policymaking capacity and
3000 the conduct that caused the alleged injury arose within the
3001 course and scope of those managerial or policymaking duties.
3002 (4) LIMITATIONS ON DAMAGES.—The Legislature is cognizant of
3003 the increasing costs of goods and services each year and
3004 recognizes that fixing a set amount of compensation has the
3005 effect of a reduction in compensation each year. Accordingly,
3006 the conditional limitations on damages in this section shall be
3007 increased at the rate of 5 percent each year, prorated from July
3008 1, 2014, to the date at which damages subject to such
3009 limitations are awarded by final judgment or settlement.
3010 Section 36. Section 409.1675, Florida Statutes, is
3011 transferred, renumbered as section 409.994, Florida Statutes,
3012 and amended to read:
3013 409.994 409.1675 Lead Community-based care lead agencies
3014 providers; receivership.—
3015 (1) The Department of Children and Families Family Services
3016 may petition a court of competent jurisdiction for the
3017 appointment of a receiver for a lead community-based care lead
3018 agency provider established pursuant to s. 409.987 if s.
3019 409.1671 when any of the following conditions exist:
3020 (a) The lead agency community-based provider is operating
3021 without a license as a child-placing agency.
3022 (b) The lead agency community-based provider has given less
3023 than 120 days’ notice of its intent to cease operations, and
3024 arrangements have not been made for another lead agency
3025 community-based provider or for the department to continue the
3026 uninterrupted provision of services.
3027 (c) The department determines that conditions exist in the
3028 lead agency community-based provider which present an imminent
3029 danger to the health, safety, or welfare of the dependent
3030 children under that agency’s provider’s care or supervision.
3031 Whenever possible, the department shall make a reasonable effort
3032 to facilitate the continued operation of the program.
3033 (d) The lead agency community-based provider cannot meet
3034 its current financial obligations to its employees, contractors,
3035 or foster parents. Issuance of bad checks or the existence of
3036 delinquent obligations for payment of salaries, utilities, or
3037 invoices for essential services or commodities shall constitute
3038 prima facie evidence that the lead agency community-based
3039 provider lacks the financial ability to meet its financial
3040 obligations.
3041 (2)(a) The petition for receivership shall take precedence
3042 over other court business unless the court determines that some
3043 other pending proceeding, having statutory precedence, has
3044 priority.
3045 (b) A hearing shall be conducted within 5 days after the
3046 filing of the petition, at which time interested parties shall
3047 have the opportunity to present evidence as to whether a
3048 receiver should be appointed. The department shall give
3049 reasonable notice of the hearing on the petition to the lead
3050 agency community-based provider.
3051 (c) The court shall grant the petition upon finding that
3052 one or more of the conditions in subsection (1) exists and the
3053 continued existence of the condition or conditions jeopardizes
3054 the health, safety, or welfare of dependent children. A receiver
3055 may be appointed ex parte when the court determines that one or
3056 more of the conditions in subsection (1) exists. After such
3057 finding, the court may appoint any person, including an employee
3058 of the department who is qualified by education, training, or
3059 experience to carry out the duties of the receiver pursuant to
3060 this section, except that the court may shall not appoint any
3061 member of the governing board or any officer of the lead agency
3062 community-based provider. The receiver may be selected from a
3063 list of persons qualified to act as receivers which is developed
3064 by the department and presented to the court with each petition
3065 of receivership.
3066 (d) A receiver may be appointed for up to 90 days, and the
3067 department may petition the court for additional 30-day
3068 extensions. Sixty days after appointment of a receiver and every
3069 30 days thereafter until the receivership is terminated, the
3070 department shall submit to the court an assessment of the lead
3071 agency’s community-based provider’s ability to ensure the
3072 health, safety, and welfare of the dependent children under its
3073 supervision.
3074 (3) The receiver shall take such steps as are reasonably
3075 necessary to ensure the continued health, safety, and welfare of
3076 the dependent children under the supervision of the lead agency
3077 community-based provider and shall exercise those powers and
3078 perform those duties set out by the court, including, but not
3079 limited to:
3080 (a) Taking such action as is reasonably necessary to
3081 protect or conserve the assets or property of the lead agency
3082 community-based provider. The receiver may use the assets and
3083 property and any proceeds from any transfer thereof only in the
3084 performance of the powers and duties provided set forth in this
3085 section and by order of the court.
3086 (b) Using the assets of the lead agency community-based
3087 provider in the provision of care and services to dependent
3088 children.
3089 (c) Entering into contracts and hiring agents and employees
3090 to carry out the powers and duties of the receiver under this
3091 section.
3092 (d) Having full power to direct, manage, hire, and
3093 discharge employees of the lead agency community-based provider.
3094 The receiver shall hire and pay new employees at the rate of
3095 compensation, including benefits, approved by the court.
3096 (e) Honoring all leases, mortgages, and contractual
3097 obligations of the lead agency community-based provider, but
3098 only to the extent of payments that become due during the period
3099 of the receivership.
3100 (4)(a) The receiver shall deposit funds received in a
3101 separate account and shall use this account for all
3102 disbursements.
3103 (b) A payment to the receiver of any sum owing to the lead
3104 agency community-based provider shall discharge any obligation
3105 to the provider to the extent of the payment.
3106 (5) A receiver may petition the court for temporary relief
3107 from obligations entered into by the lead agency community-based
3108 provider if the rent, price, or rate of interest required to be
3109 paid under the agreement was substantially in excess of a
3110 reasonable rent, price, or rate of interest at the time the
3111 contract was entered into, or if any material provision of the
3112 agreement was unreasonable when compared to contracts negotiated
3113 under similar conditions. Any relief in this form provided by
3114 the court shall be limited to the life of the receivership,
3115 unless otherwise determined by the court.
3116 (6) The court shall set the compensation of the receiver,
3117 which shall be considered a necessary expense of a receivership
3118 and may grant to the receiver such other authority necessary to
3119 ensure the health, safety, and welfare of the children served.
3120 (7) A receiver may be held liable in a personal capacity
3121 only for the receiver’s own gross negligence, intentional acts,
3122 or breaches of fiduciary duty. This section may shall not be
3123 interpreted to be a waiver of sovereign immunity should the
3124 department be appointed receiver.
3125 (8) If the receiver is not the department, the court may
3126 require a receiver to post a bond to ensure the faithful
3127 performance of these duties.
3128 (9) The court may terminate a receivership when:
3129 (a) The court determines that the receivership is no longer
3130 necessary because the conditions that gave rise to the
3131 receivership no longer exist; or
3132 (b) The department has entered into a contract with a new
3133 lead agency community-based provider pursuant to s. 409.987 s.
3134 409.1671, and that contractor is ready and able to assume the
3135 duties of the previous lead agency provider.
3136 (10) Within 30 days after the termination, unless this time
3137 period is extended by the court, the receiver shall give the
3138 court a complete accounting of all property of which the
3139 receiver has taken possession, of all funds collected and
3140 disbursed, and of the expenses of the receivership.
3141 (11) Nothing in This section does not shall be construed to
3142 relieve any employee of the lead agency community-based provider
3143 placed in receivership of any civil or criminal liability
3144 incurred, or any duty imposed by law, by reason of acts or
3145 omissions of the employee before prior to the appointment of a
3146 receiver, and; nor shall anything contained in this section does
3147 not be construed to suspend during the receivership any
3148 obligation of the employee for payment of taxes or other
3149 operating or maintenance expenses of the lead agency community
3150 based provider or for the payment of mortgages or liens. The
3151 lead agency community-based provider shall retain the right to
3152 sell or mortgage any facility under receivership, subject to the
3153 prior approval of the court that ordered the receivership.
3154 Section 37. Section 409.996, Florida Statutes, is created
3155 to read:
3156 409.996 Duties of the Department of Children and Families.
3157 The department shall contract for the delivery, administration,
3158 or management of care for children in the child protection and
3159 child welfare system. In doing so, the department retains
3160 responsibility for the quality of contracted services and
3161 programs and shall ensure that services are delivered in
3162 accordance with applicable federal and state statutes and
3163 regulations.
3164 (1) The department shall enter into contracts with lead
3165 agencies for the performance of the duties by the lead agencies
3166 pursuant to s. 409.988. At a minimum, the contracts must:
3167 (a) Provide for the services needed to accomplish the
3168 duties established in s. 409.988 and provide information to the
3169 department which is necessary to meet the requirements for a
3170 quality assurance program pursuant to subsection (18) and the
3171 child welfare results-oriented accountability system pursuant to
3172 s. 409.997.
3173 (b) Provide for graduated penalties for failure to comply
3174 with contract terms. Such penalties may include financial
3175 penalties, enhanced monitoring and reporting, corrective action
3176 plans, and early termination of contracts or other appropriate
3177 action to ensure contract compliance.
3178 (c) Ensure that the lead agency shall furnish current and
3179 accurate information on its activities in all cases in client
3180 case records in the state’s statewide automated child welfare
3181 information system.
3182 (d) Specify the procedures to be used by the parties to
3183 resolve differences in interpreting the contract or to resolve
3184 disputes as to the adequacy of the parties’ compliance with
3185 their respective obligations under the contract.
3186 (2) The department must adopt written policies and
3187 procedures for monitoring the contract for delivery of services
3188 by lead agencies which must be posted on the department’s
3189 website. These policies and procedures must, at a minimum,
3190 address the evaluation of fiscal accountability and program
3191 operations, including provider achievement of performance
3192 standards, provider monitoring of subcontractors, and timely
3193 followup of corrective actions for significant monitoring
3194 findings related to providers and subcontractors. These policies
3195 and procedures must also include provisions for reducing the
3196 duplication of the department’s program monitoring activities
3197 both internally and with other agencies, to the extent possible.
3198 The department’s written procedures must ensure that the written
3199 findings, conclusions, and recommendations from monitoring the
3200 contract for services of lead agencies are communicated to the
3201 director of the provider agency and the community alliance as
3202 expeditiously as possible.
3203 (3) The department shall receive federal and state funds as
3204 appropriated for the operation of the child welfare system and
3205 shall transmit these funds to the lead agencies as agreed to in
3206 the contract. The department retains responsibility for the
3207 appropriate spending of these funds. The department shall
3208 monitor lead agencies to assess compliance with the financial
3209 guidelines established pursuant to s. 409.992 and other
3210 applicable state and federal laws.
3211 (4) The department shall provide technical assistance and
3212 consultation to lead agencies in the provision of care to
3213 children in the child protection and child welfare system.
3214 (5) The department retains the responsibility for the
3215 review, approval or denial, and issuances of all foster home
3216 licenses.
3217 (6) The department shall process all applications submitted
3218 by lead agencies for the Interstate Compact on the Placement of
3219 Children and the Interstate Compact on Adoption and Medical
3220 Assistance.
3221 (7) The department shall assist lead agencies with access
3222 to and coordination with other service programs within the
3223 department.
3224 (8) The department shall determine Medicaid eligibility for
3225 all referred children and shall coordinate services with the
3226 Agency for Health Care Administration.
3227 (9) The department shall develop, in cooperation with the
3228 lead agencies and the third-party credentialing entity approved
3229 pursuant to s. 402.40(3), a standardized competency-based
3230 curriculum for certification training for child protection
3231 staff.
3232 (10) The department shall maintain the statewide adoptions
3233 website and provide information and training to the lead
3234 agencies relating to the website.
3235 (11) The department shall provide training and assistance
3236 to lead agencies regarding the responsibility of lead agencies
3237 relating to children receiving supplemental security income,
3238 social security, railroad retirement, or veterans’ benefits.
3239 (12) With the assistance of a lead agency, the department
3240 shall develop and implement statewide and local interagency
3241 agreements needed to coordinate services for children and
3242 parents involved in the child welfare system who are also
3243 involved with the Agency for Persons with Disabilities, the
3244 Department of Juvenile Justice, the Department of Education, the
3245 Department of Health, and other governmental organizations that
3246 share responsibilities for children or parents in the child
3247 welfare system.
3248 (13) With the assistance of a lead agency, the department
3249 shall develop and implement a working agreement between the lead
3250 agency and the substance abuse and mental health managing entity
3251 to integrate services and supports for children and parents
3252 serviced in the child welfare system.
3253 (14) The department shall work with the Agency for Health
3254 Care Administration to provide each Medicaid-eligible child with
3255 early and periodic screening, diagnosis, and treatment,
3256 including 72-hour screening, periodic child health checkups, and
3257 prescribed followup for ordered services, including, but not
3258 limited to, medical, dental, and vision care.
3259 (15) The department shall assist lead agencies in
3260 developing an array of services in compliance with the Title IV
3261 E waiver and shall monitor the provision of such services.
3262 (16) The department shall provide a mechanism to allow lead
3263 agencies to request a waiver of department policies and
3264 procedures that create inefficiencies or inhibit the performance
3265 of the lead agency’s duties.
3266 (17) The department shall directly or through contract
3267 provide attorneys to prepare and present cases in dependency
3268 court and shall ensure that the court is provided with adequate
3269 information for informed decisionmaking in dependency cases,
3270 including a fact sheet for each case which lists the names and
3271 contact information for any child protective investigator, child
3272 protective investigation supervisor, case manager, and case
3273 manager supervisor, and the regional department official
3274 responsible for the lead agency contract. For the Sixth Judicial
3275 Circuit, the department shall contract with the state attorney
3276 for the provision of these services.
3277 (18) The department, in consultation with lead agencies,
3278 shall establish a quality assurance program for contracted
3279 services to dependent children. The quality assurance program
3280 shall be based on standards established by federal and state law
3281 and national accrediting organizations.
3282 (a) The department must evaluate each lead agency under
3283 contract at least annually. These evaluations shall cover the
3284 programmatic, operational, and fiscal operations of the lead
3285 agency and must be consistent with the child welfare results
3286 oriented accountability system required by s. 409.997. The
3287 department must consult with dependency judges in the circuit or
3288 circuits served by the lead agency on the performance of the
3289 lead agency.
3290 (b) The department and each lead agency shall monitor out
3291 of-home placements, including the extent to which sibling groups
3292 are placed together or provisions to provide visitation and
3293 other contacts if siblings are separated. The data shall
3294 identify reasons for sibling separation. Information related to
3295 sibling placement shall be incorporated into the results
3296 oriented accountability system required pursuant to s. 409.997
3297 and in the evaluation of the outcome specified in s.
3298 409.986(2)(e). The information related to sibling placement
3299 shall also be made available to the institute established
3300 pursuant s. 1004.615 for use in assessing the performance of
3301 child welfare services in relation to the outcome specified in
3302 s. 409.986(2)(e).
3303 (c) The department shall, to the extent possible, use
3304 independent financial audits provided by the lead agency to
3305 eliminate or reduce the ongoing contract and administrative
3306 reviews conducted by the department. If the department
3307 determines that such independent financial audits are
3308 inadequate, other audits, as necessary, may be conducted by the
3309 department. This paragraph does not abrogate the requirements of
3310 s. 215.97.
3311 (d) The department may suggest additional items to be
3312 included in such independent financial audits to meet the
3313 department’s needs.
3314 (e) The department may outsource programmatic,
3315 administrative, or fiscal monitoring oversight of lead agencies.
3316 (f) A lead agency must assure that all subcontractors are
3317 subject to the same quality assurance activities as the lead
3318 agency.
3319 (19) The department and its attorneys have the
3320 responsibility to ensure that the court is fully informed about
3321 issues before it, to make recommendations to the court, and to
3322 present competent evidence, including testimony by the
3323 department’s employees, contractors, and subcontractors, as well
3324 as other individuals, to support all recommendations made to the
3325 court. The department’s attorneys shall coordinate lead agency
3326 or subcontractor staff to ensure that dependency cases are
3327 presented appropriately to the court, giving deference to the
3328 information developed by the case manager and direction to the
3329 case manager if more information is needed.
3330 (20) The department, in consultation with lead agencies,
3331 shall develop a dispute resolution process so that disagreements
3332 between legal staff, investigators, and case management staff
3333 can be resolved in the best interest of the child in question
3334 before court appearances regarding that child.
3335 Section 38. Section 409.997, Florida Statutes, is created
3336 to read:
3337 409.997 Child welfare results-oriented accountability
3338 system.—
3339 (1) The department and its contract providers, including
3340 lead agencies, community-based care providers, and other
3341 community partners participating in the state’s child protection
3342 and child welfare system, share the responsibility for achieving
3343 the outcome goals specified in s. 409.986(2).
3344 (2) In order to assess the achievement of the outcome goals
3345 specified in s. 409.986(2), the department shall maintain a
3346 comprehensive, results-oriented accountability system that
3347 monitors the use of resources, the quality and amount of
3348 services provided, and child and family outcomes through data
3349 analysis, research review, evaluation, and quality improvement.
3350 The system shall provide information about individual entities’
3351 performance as well as the performance of groups of entities
3352 working together as an integrated system of care on a local,
3353 regional, and statewide basis. In maintaining the accountability
3354 system, the department shall:
3355 (a) Identify valid and reliable outcome measures for each
3356 of the goals specified in this subsection. The outcome data set
3357 must consist of a limited number of understandable measures
3358 using available data to quantify outcomes as children move
3359 through the system of care. Such measures may aggregate multiple
3360 variables that affect the overall achievement of the outcome
3361 goals. Valid and reliable measures must be based on adequate
3362 sample sizes, be gathered over suitable time periods, and
3363 reflect authentic rather than spurious results, and may not be
3364 susceptible to manipulation.
3365 (b) Implement a monitoring system to track the identified
3366 outcome measures on a statewide, regional, and provider-specific
3367 basis. The monitoring system must identify trends and chart
3368 progress toward achievement of the goals specified s.
3369 409.986(2). The requirements of the monitoring system may be
3370 incorporated into the quality assurance program required under
3371 s. 409.996(18).
3372 (c) Develop and maintain an analytical system that builds
3373 on the outcomes monitoring system to assess the statistical
3374 validity of observed associations between child welfare
3375 interventions and the measured outcomes. The analysis must use
3376 quantitative methods to adjust for variations in demographic or
3377 other conditions. The analysis must include longitudinal studies
3378 to evaluate longer-term outcomes such as continued safety,
3379 family permanence, and transition to self-sufficiency. The
3380 analysis may also include qualitative research methods to
3381 provide insight into statistical patterns.
3382 (d) Develop and maintain a program of research review to
3383 identify interventions that are supported by evidence as
3384 causally linked to improved outcomes.
3385 (e) Support an ongoing process of evaluation to determine
3386 the efficacy and effectiveness of various interventions.
3387 Efficacy evaluation is intended to determine the validity of a
3388 causal relationship between an intervention and an outcome.
3389 Effectiveness evaluation is intended to determine the extent to
3390 which the results can be generalized.
3391 (f) Develop and maintain an inclusive, interactive, and
3392 evidence-supported program of quality improvement which promotes
3393 individual skill building as well as organizational learning.
3394 (g) Develop and implement a method for making the results
3395 of the accountability system transparent for all parties
3396 involved in the child welfare system as well as policymakers and
3397 the public. The presentation of the results shall provide a
3398 comprehensible, visual report card for the state and each
3399 community-based care region, indicating the current status
3400 relative to each goal and trends in that status over time. The
3401 presentation shall identify and report outcome measures that
3402 assess the performance of the department, the community-based
3403 care lead agency, and the lead agency’s subcontractors working
3404 together as an integrated system of care.
3405 (3) The department shall establish a technical advisory
3406 panel consisting of representatives from the Florida Institute
3407 for Child Welfare established in s. 1004.615, lead agencies,
3408 community-based care providers, other contract providers,
3409 community alliances, and family representatives. The President
3410 of the Senate and the Speaker of the House of Representatives
3411 shall each appoint a member to serve as a legislative liaison to
3412 the panel. The technical advisory panel shall advise the
3413 department on meeting the requirements of this section.
3414 (4) The accountability system may not rank or compare
3415 performance among community-based care regions unless adequate
3416 and specific adjustments are adopted that account for the
3417 diversity in regions’ demographics, resources, and other
3418 relevant characteristics.
3419 (5) The results of the accountability system must provide
3420 the basis for performance incentives if funds for such payments
3421 are made available through the General Appropriations Act.
3422 (6) At least quarterly, the department shall make the
3423 results of the accountability system available to the public
3424 through publication on its website. The website must allow for
3425 custom searches of the performance data.
3426 (7) By October 1 of each year, the department shall submit
3427 a report on the statewide and individual community-based care
3428 lead agency results for child protection and child welfare
3429 systems. The department shall use the accountability system and
3430 consult with the community alliance and the chief judge or
3431 judges in the community-based care service area to prepare the
3432 report. The report shall be submitted to the Governor, the
3433 President of the Senate, and the Speaker of the House of
3434 Representatives.
3435 Section 39. Section 409.998, Florida Statutes, is created
3436 to read:
3437 409.998 Community-based care; assessment by community
3438 alliances.—To provide independent, community-focused assessment
3439 of child protection and child welfare services and the local
3440 system of community-based care, community alliances created in
3441 s. 20.19(5) shall, with the assistance of the department,
3442 perform the following duties:
3443 (1) Conduct a needs assessment and establish community
3444 priorities for child protection and child welfare services.
3445 (2) Review the performance of the department, the sheriff’s
3446 office, if the office provides child protective services, and
3447 the lead agency individually and as an integrated system of
3448 care, and advise the department, the sheriff’s office, if
3449 applicable, and the lead agency regarding concerns and suggested
3450 areas of improvement.
3451 (3) Recommend a competitive procurement for the lead agency
3452 if programmatic or financial performance is poor. The community
3453 alliance shall make recommendations on the development of the
3454 procurement document for such competitive procurement and may
3455 suggest specific requirements relating to local needs and
3456 services.
3457 (4) Recommend a contract extension for the lead agency if
3458 programmatic and financial performance is superior.
3459 (5) In partnership with the Florida Institute for Child
3460 Welfare established in s. 1004.615, develop recommendations and
3461 submit such recommendations to the department and the community
3462 based care lead agency to improve child protection and child
3463 welfare policies and practices.
3464 (6) Promote greater community involvement in community
3465 based care through participation in community-based care lead
3466 agency services and activities, recruitment and retention of
3467 community volunteers, and public awareness efforts.
3468 Section 40. Section 827.10, Florida Statutes, is created to
3469 read:
3470 827.10 Unlawful desertion of a child.—
3471 (1) As used in this section, the term:
3472 (a) “Care” means support and services necessary to maintain
3473 the child’s physical and mental health, including, but not
3474 limited to, food, nutrition, clothing, shelter, supervision,
3475 medicine, and medical services that a prudent person would
3476 consider essential for the well-being of the child.
3477 (b) “Caregiver” has the same meaning as provided in s.
3478 39.01.
3479 (c) “Child” means a child for whose care the caregiver is
3480 legally responsible.
3481 (d) “Desertion” or “deserts” means to leave a child in a
3482 place or with a person other than a relative with the intent not
3483 to return to the child and with the intent not to provide for
3484 the care of the child.
3485 (e) “Relative” has the same meaning as provided in s.
3486 39.01.
3487 (2) A caregiver who deserts a child under circumstances in
3488 which the caregiver knew or should have known that the desertion
3489 exposes the child to unreasonable risk of harm commits a felony
3490 of the third degree, punishable as provided in s. 775.082, s.
3491 775.083, or s. 775.084.
3492 (3) This section does not apply to a person who surrenders
3493 a newborn infant in compliance with s. 383.50.
3494 (4) This section does not preclude prosecution for a
3495 criminal act under any other law, including, but not limited to,
3496 prosecution of child abuse or neglect of a child under s.
3497 827.03.
3498 Section 41. Paragraph (d) of subsection (4) of section
3499 985.04, Florida Statutes, is amended to read:
3500 985.04 Oaths; records; confidential information.—
3501 (4)
3502 (d) The department shall disclose to the school
3503 superintendent the presence of any child in the care and custody
3504 or under the jurisdiction or supervision of the department who
3505 has a known history of criminal sexual behavior with other
3506 juveniles; is an alleged to have committed juvenile sexual abuse
3507 offender, as defined in s. 39.01; or has pled guilty or nolo
3508 contendere to, or has been found to have committed, a violation
3509 of chapter 794, chapter 796, chapter 800, s. 827.071, or s.
3510 847.0133, regardless of adjudication. Any employee of a district
3511 school board who knowingly and willfully discloses such
3512 information to an unauthorized person commits a misdemeanor of
3513 the second degree, punishable as provided in s. 775.082 or s.
3514 775.083.
3515 Section 42. Section 1004.615, Florida Statutes, is created
3516 to read:
3517 1004.615 Florida Institute for Child Welfare.—
3518 (1) There is established the Florida Institute for Child
3519 Welfare within the Florida State University College of Social
3520 Work. The purpose of the institute is to advance the well-being
3521 of children and families by improving the performance of child
3522 protection and child welfare services through research, policy
3523 analysis, evaluation, and leadership development. The institute
3524 shall consist of a consortium of public and private universities
3525 offering degrees in social work and shall be housed within the
3526 Florida State University College of Social Work.
3527 (2) Using such resources as authorized in the General
3528 Appropriations Act, the Department of Children and Families
3529 shall contract with the institute for performance of the duties
3530 described in subsection (4) using state appropriations, public
3531 and private grants, and other resources obtained by the
3532 institute.
3533 (3) The institute shall work with the department, sheriffs
3534 providing child protective investigative services, community
3535 based care lead agencies, community-based care provider
3536 organizations, the court system, the Department of Juvenile
3537 Justice, the federally recognized statewide association for
3538 Florida’s certified domestic violence centers, and other
3539 partners who contribute to and participate in providing child
3540 protection and child welfare services.
3541 (4) The institute shall:
3542 (a) Maintain a program of research which contributes to
3543 scientific knowledge and informs both policy and practice
3544 related to child safety, permanency, and child and family well
3545 being.
3546 (b) Advise the department and other organizations
3547 participating in the child protection and child welfare system
3548 regarding scientific evidence on policy and practice related to
3549 child safety, permanency, and child and family well-being.
3550 (c) Provide advice regarding management practices and
3551 administrative processes used by the department and other
3552 organizations participating in the child protection and child
3553 welfare system and recommend improvements that reduce
3554 burdensome, ineffective requirements for frontline staff and
3555 their supervisors while enhancing their ability to effectively
3556 investigate, analyze, problem solve, and supervise.
3557 (d) Assess the performance of child protection and child
3558 welfare services based on specific outcome measures.
3559 (e) Evaluate the scope and effectiveness of preservice and
3560 inservice training for child protection and child welfare
3561 employees and advise and assist the department in efforts to
3562 improve such training.
3563 (f) Assess the readiness of social work graduates to assume
3564 job responsibilities in the child protection and child welfare
3565 system and identify gaps in education which can be addressed
3566 through the modification of curricula or the establishment of
3567 industry certifications.
3568 (g) Develop and maintain a program of professional support
3569 including training courses and consulting services that assist
3570 both individuals and organizations in implementing adaptive and
3571 resilient responses to workplace stress.
3572 (h) Participate in the department’s critical incident
3573 response team, assist in the preparation of reports about such
3574 incidents, and support the committee review of reports and
3575 development of recommendations.
3576 (i) Identify effective policies and promising practices,
3577 including, but not limited to, innovations in coordination
3578 between entities participating in the child protection and child
3579 welfare system, data analytics, working with the local
3580 community, and management of human service organizations, and
3581 communicate these findings to the department and other
3582 organizations participating in the child protection and child
3583 welfare system.
3584 (j) Develop a definition of a child or family at high risk
3585 of abuse or neglect. Such a definition must consider
3586 characteristics associated with a greater probability of abuse
3587 and neglect.
3588 (5) The President of the Florida State University shall
3589 appoint a director of the institute. The director must be a
3590 child welfare professional with a degree in social work who
3591 holds a faculty appointment in the Florida State University
3592 College of Social Work. The institute shall be administered by
3593 the director, and the director’s office shall be located at the
3594 Florida State University. The director is responsible for
3595 overall management of the institute and for developing and
3596 executing the work of the institute consistent with the
3597 responsibilities in subsection (4). The director shall engage
3598 individuals in other state universities with accredited colleges
3599 of social work to participate in the institute. Individuals from
3600 other university programs relevant to the institute’s work,
3601 including, but not limited to, economics, management, law,
3602 medicine, and education, may also be invited by the director to
3603 contribute to the institute. The universities participating in
3604 the institute shall provide facilities, staff, and other
3605 resources to the institute to establish statewide access to
3606 institute programs and services.
3607 (6) By October 1 of each year, the institute shall provide
3608 a written report to the Governor, the President of the Senate,
3609 and the Speaker of the House of Representatives which outlines
3610 its activities in the preceding year, reports significant
3611 research findings, as well as results of other programs, and
3612 provides specific recommendations for improving child protection
3613 and child welfare services.
3614 (a) The institute shall include an evaluation of the
3615 results of the educational and training requirements for child
3616 protection and child welfare personnel established under this
3617 act and recommendations for application of the results to child
3618 protection personnel employed by sheriff’s offices providing
3619 child protection services in its report due October 1, 2017.
3620 (b) The institute shall include an evaluation of the
3621 effects of the other provisions of this act and recommendations
3622 for improvements in child protection and child welfare services
3623 in its report due October 1, 2018.
3624 (7) The institute shall submit a report with
3625 recommendations for improving the state’s child welfare system.
3626 The report shall address topics including, but not limited to,
3627 enhancing working relationships between the entities involved in
3628 the child protection and child welfare system, identification of
3629 and replication of best practices, reducing paperwork,
3630 increasing the retention of child protective investigators and
3631 case managers, and caring for medically complex children within
3632 the child welfare system, with the goal of allowing the child to
3633 remain in the least restrictive and most nurturing environment.
3634 The institute shall submit an interim report by February 1,
3635 2015, and final report by November 1, 2015, to the Governor, the
3636 President of the Senate, and the Speaker of the House of
3637 Representatives.
3638 Section 43. Paragraph (h) is added to subsection (1) of
3639 section 1009.25, Florida Statutes, to read:
3640 1009.25 Fee exemptions.—
3641 (1) The following students are exempt from the payment of
3642 tuition and fees, including lab fees, at a school district that
3643 provides workforce education programs, Florida College System
3644 institution, or state university:
3645 (h) Pursuant to s. 402.403, child protection and child
3646 welfare personnel as defined in s. 402.402 who are enrolled in
3647 an accredited bachelor’s degree or master’s degree in social
3648 work program or completing coursework required pursuant to s.
3649 402.402(2), provided that the student attains at least a grade
3650 of “B” in all courses for which tuition and fees are exempted.
3651 Section 44. Section 402.401, Florida Statutes, is repealed.
3652 Section 45. Section 409.1671, Florida Statutes, is
3653 repealed.
3654 Section 46. Section 409.16715, Florida Statutes, is
3655 repealed.
3656 Section 47. Section 409.16745, Florida Statutes, is
3657 repealed.
3658 Section 48. Section 1004.61, Florida Statutes, is repealed.
3659 Section 49. Paragraph (g) of subsection (1) of section
3660 39.201, Florida Statutes, is amended to read:
3661 39.201 Mandatory reports of child abuse, abandonment, or
3662 neglect; mandatory reports of death; central abuse hotline.—
3663 (1)
3664 (g) Nothing in this chapter or in the contracting with
3665 community-based care providers for foster care and related
3666 services as specified in s. 409.987 s. 409.1671 shall be
3667 construed to remove or reduce the duty and responsibility of any
3668 person, including any employee of the community-based care
3669 provider, to report a suspected or actual case of child abuse,
3670 abandonment, or neglect or the sexual abuse of a child to the
3671 department’s central abuse hotline.
3672 Section 50. Subsection (1) of section 39.302, Florida
3673 Statutes, is amended to read:
3674 39.302 Protective investigations of institutional child
3675 abuse, abandonment, or neglect.—
3676 (1) The department shall conduct a child protective
3677 investigation of each report of institutional child abuse,
3678 abandonment, or neglect. Upon receipt of a report that alleges
3679 that an employee or agent of the department, or any other entity
3680 or person covered by s. 39.01(32) s. 39.01(33) or (47), acting
3681 in an official capacity, has committed an act of child abuse,
3682 abandonment, or neglect, the department shall initiate a child
3683 protective investigation within the timeframe established under
3684 s. 39.201(5) and notify the appropriate state attorney, law
3685 enforcement agency, and licensing agency, which shall
3686 immediately conduct a joint investigation, unless independent
3687 investigations are more feasible. When conducting investigations
3688 or having face-to-face interviews with the child, investigation
3689 visits shall be unannounced unless it is determined by the
3690 department or its agent that unannounced visits threaten the
3691 safety of the child. If a facility is exempt from licensing, the
3692 department shall inform the owner or operator of the facility of
3693 the report. Each agency conducting a joint investigation is
3694 entitled to full access to the information gathered by the
3695 department in the course of the investigation. A protective
3696 investigation must include an interview with the child’s parent
3697 or legal guardian. The department shall make a full written
3698 report to the state attorney within 3 working days after making
3699 the oral report. A criminal investigation shall be coordinated,
3700 whenever possible, with the child protective investigation of
3701 the department. Any interested person who has information
3702 regarding the offenses described in this subsection may forward
3703 a statement to the state attorney as to whether prosecution is
3704 warranted and appropriate. Within 15 days after the completion
3705 of the investigation, the state attorney shall report the
3706 findings to the department and shall include in the report a
3707 determination of whether or not prosecution is justified and
3708 appropriate in view of the circumstances of the specific case.
3709 Section 51. Subsection (1) of section 39.524, Florida
3710 Statutes, is amended to read:
3711 39.524 Safe-harbor placement.—
3712 (1) Except as provided in s. 39.407 or s. 985.801, a
3713 dependent child 6 years of age or older who has been found to be
3714 a victim of sexual exploitation as defined in s. 39.01(68)(g) s.
3715 39.01(67)(g) must be assessed for placement in a safe house as
3716 provided in s. 409.1678. The assessment shall be conducted by
3717 the department or its agent and shall incorporate and address
3718 current and historical information from any law enforcement
3719 reports; psychological testing or evaluation that has occurred;
3720 current and historical information from the guardian ad litem,
3721 if one has been assigned; current and historical information
3722 from any current therapist, teacher, or other professional who
3723 has knowledge of the child and has worked with the child; and
3724 any other information concerning the availability and
3725 suitability of safe-house placement. If such placement is
3726 determined to be appropriate as a result of this assessment, the
3727 child may be placed in a safe house, if one is available. As
3728 used in this section, the term “available” as it relates to a
3729 placement means a placement that is located within the circuit
3730 or otherwise reasonably accessible.
3731 Section 52. Subsection (6) of section 316.613, Florida
3732 Statutes, is amended to read:
3733 316.613 Child restraint requirements.—
3734 (6) The child restraint requirements imposed by this
3735 section do not apply to a chauffeur-driven taxi, limousine,
3736 sedan, van, bus, motor coach, or other passenger vehicle if the
3737 operator and the motor vehicle are hired and used for the
3738 transportation of persons for compensation. It is the obligation
3739 and responsibility of the parent, guardian, or other person
3740 responsible for a child’s welfare, as defined in s. 39.01(47),
3741 to comply with the requirements of this section.
3742 Section 53. Subsections (1), (3), and (5) of section
3743 409.1676, Florida Statutes, are amended to read:
3744 409.1676 Comprehensive residential group care services to
3745 children who have extraordinary needs.—
3746 (1) It is the intent of the Legislature to provide
3747 comprehensive residential group care services, including
3748 residential care, case management, and other services, to
3749 children in the child protection system who have extraordinary
3750 needs. These services are to be provided in a residential group
3751 care setting by a not-for-profit corporation or a local
3752 government entity under a contract with the Department of
3753 Children and Families Family Services or by a lead agency as
3754 described in s. 409.987 s. 409.1671. These contracts should be
3755 designed to provide an identified number of children with access
3756 to a full array of services for a fixed price. Further, it is
3757 the intent of the Legislature that the Department of Children
3758 and Families Family Services and the Department of Juvenile
3759 Justice establish an interagency agreement by December 1, 2002,
3760 which describes respective agency responsibilities for referral,
3761 placement, service provision, and service coordination for
3762 dependent and delinquent youth who are referred to these
3763 residential group care facilities. The agreement must require
3764 interagency collaboration in the development of terms,
3765 conditions, and performance outcomes for residential group care
3766 contracts serving the youth referred who have been adjudicated
3767 both dependent and delinquent.
3768 (3) The department, in accordance with a specific
3769 appropriation for this program, shall contract with a not-for
3770 profit corporation, a local government entity, or the lead
3771 agency that has been established in accordance with s. 409.987
3772 s. 409.1671 for the performance of residential group care
3773 services described in this section. A lead agency that is
3774 currently providing residential care may provide this service
3775 directly with the approval of the local community alliance. The
3776 department or a lead agency may contract for more than one site
3777 in a county if that is determined to be the most effective way
3778 to achieve the goals set forth in this section.
3779 (5) The department may transfer all casework
3780 responsibilities for children served under this program to the
3781 entity that provides this service, including case management and
3782 development and implementation of a case plan in accordance with
3783 current standards for child protection services. When the
3784 department establishes this program in a community that has a
3785 lead agency as described in s. 409.987 s. 409.1671, the casework
3786 responsibilities must be transferred to the lead agency.
3787 Section 54. Subsection (2) of section 409.1677, Florida
3788 Statutes, is amended to read:
3789 409.1677 Model comprehensive residential services
3790 programs.—
3791 (2) The department shall establish a model comprehensive
3792 residential services program in Manatee and Miami-Dade Counties
3793 through a contract with the designated lead agency established
3794 in accordance with s. 409.987 s. 409.1671 or with a private
3795 entity capable of providing residential group care and home
3796 based care and experienced in the delivery of a range of
3797 services to foster children, if no lead agency exists. These
3798 model programs are to serve that portion of eligible children
3799 within each county which is specified in the contract, based on
3800 funds appropriated, to include a full array of services for a
3801 fixed price. The private entity or lead agency is responsible
3802 for all programmatic functions necessary to carry out the intent
3803 of this section.
3804 Section 55. Paragraph (d) of subsection (1) of section
3805 409.1678, Florida Statutes, is amended to read:
3806 409.1678 Safe harbor for children who are victims of sexual
3807 exploitation.—
3808 (1) As used in this section, the term:
3809 (d) “Sexually exploited child” means a dependent child who
3810 has suffered sexual exploitation as defined in s. 39.01(68)(g)
3811 s. 39.01(67)(g) and is ineligible for relief and benefits under
3812 the federal Trafficking Victims Protection Act, 22 U.S.C. ss.
3813 7101 et seq.
3814 Section 56. Subsection (24) of section 409.906, Florida
3815 Statutes, is amended to read:
3816 409.906 Optional Medicaid services.—Subject to specific
3817 appropriations, the agency may make payments for services which
3818 are optional to the state under Title XIX of the Social Security
3819 Act and are furnished by Medicaid providers to recipients who
3820 are determined to be eligible on the dates on which the services
3821 were provided. Any optional service that is provided shall be
3822 provided only when medically necessary and in accordance with
3823 state and federal law. Optional services rendered by providers
3824 in mobile units to Medicaid recipients may be restricted or
3825 prohibited by the agency. Nothing in this section shall be
3826 construed to prevent or limit the agency from adjusting fees,
3827 reimbursement rates, lengths of stay, number of visits, or
3828 number of services, or making any other adjustments necessary to
3829 comply with the availability of moneys and any limitations or
3830 directions provided for in the General Appropriations Act or
3831 chapter 216. If necessary to safeguard the state’s systems of
3832 providing services to elderly and disabled persons and subject
3833 to the notice and review provisions of s. 216.177, the Governor
3834 may direct the Agency for Health Care Administration to amend
3835 the Medicaid state plan to delete the optional Medicaid service
3836 known as “Intermediate Care Facilities for the Developmentally
3837 Disabled.” Optional services may include:
3838 (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
3839 Health Care Administration, in consultation with the Department
3840 of Children and Families Family Services, may establish a
3841 targeted case-management project in those counties identified by
3842 the Department of Children and Families Family Services and for
3843 all counties with a community-based child welfare project, as
3844 authorized under s. 409.987 s. 409.1671, which have been
3845 specifically approved by the department. The covered group of
3846 individuals who are eligible to receive targeted case management
3847 include children who are eligible for Medicaid; who are between
3848 the ages of birth through 21; and who are under protective
3849 supervision or postplacement supervision, under foster-care
3850 supervision, or in shelter care or foster care. The number of
3851 individuals who are eligible to receive targeted case management
3852 is limited to the number for whom the Department of Children and
3853 Families Family Services has matching funds to cover the costs.
3854 The general revenue funds required to match the funds for
3855 services provided by the community-based child welfare projects
3856 are limited to funds available for services described under s.
3857 409.990 s. 409.1671. The Department of Children and Families
3858 Family Services may transfer the general revenue matching funds
3859 as billed by the Agency for Health Care Administration.
3860 Section 57. Paragraph (b) of subsection (4) of section
3861 409.912, Florida Statutes, is amended to read:
3862 409.912 Cost-effective purchasing of health care.—The
3863 agency shall purchase goods and services for Medicaid recipients
3864 in the most cost-effective manner consistent with the delivery
3865 of quality medical care. To ensure that medical services are
3866 effectively utilized, the agency may, in any case, require a
3867 confirmation or second physician’s opinion of the correct
3868 diagnosis for purposes of authorizing future services under the
3869 Medicaid program. This section does not restrict access to
3870 emergency services or poststabilization care services as defined
3871 in 42 C.F.R. part 438.114. Such confirmation or second opinion
3872 shall be rendered in a manner approved by the agency. The agency
3873 shall maximize the use of prepaid per capita and prepaid
3874 aggregate fixed-sum basis services when appropriate and other
3875 alternative service delivery and reimbursement methodologies,
3876 including competitive bidding pursuant to s. 287.057, designed
3877 to facilitate the cost-effective purchase of a case-managed
3878 continuum of care. The agency shall also require providers to
3879 minimize the exposure of recipients to the need for acute
3880 inpatient, custodial, and other institutional care and the
3881 inappropriate or unnecessary use of high-cost services. The
3882 agency shall contract with a vendor to monitor and evaluate the
3883 clinical practice patterns of providers in order to identify
3884 trends that are outside the normal practice patterns of a
3885 provider’s professional peers or the national guidelines of a
3886 provider’s professional association. The vendor must be able to
3887 provide information and counseling to a provider whose practice
3888 patterns are outside the norms, in consultation with the agency,
3889 to improve patient care and reduce inappropriate utilization.
3890 The agency may mandate prior authorization, drug therapy
3891 management, or disease management participation for certain
3892 populations of Medicaid beneficiaries, certain drug classes, or
3893 particular drugs to prevent fraud, abuse, overuse, and possible
3894 dangerous drug interactions. The Pharmaceutical and Therapeutics
3895 Committee shall make recommendations to the agency on drugs for
3896 which prior authorization is required. The agency shall inform
3897 the Pharmaceutical and Therapeutics Committee of its decisions
3898 regarding drugs subject to prior authorization. The agency is
3899 authorized to limit the entities it contracts with or enrolls as
3900 Medicaid providers by developing a provider network through
3901 provider credentialing. The agency may competitively bid single
3902 source-provider contracts if procurement of goods or services
3903 results in demonstrated cost savings to the state without
3904 limiting access to care. The agency may limit its network based
3905 on the assessment of beneficiary access to care, provider
3906 availability, provider quality standards, time and distance
3907 standards for access to care, the cultural competence of the
3908 provider network, demographic characteristics of Medicaid
3909 beneficiaries, practice and provider-to-beneficiary standards,
3910 appointment wait times, beneficiary use of services, provider
3911 turnover, provider profiling, provider licensure history,
3912 previous program integrity investigations and findings, peer
3913 review, provider Medicaid policy and billing compliance records,
3914 clinical and medical record audits, and other factors. Providers
3915 are not entitled to enrollment in the Medicaid provider network.
3916 The agency shall determine instances in which allowing Medicaid
3917 beneficiaries to purchase durable medical equipment and other
3918 goods is less expensive to the Medicaid program than long-term
3919 rental of the equipment or goods. The agency may establish rules
3920 to facilitate purchases in lieu of long-term rentals in order to
3921 protect against fraud and abuse in the Medicaid program as
3922 defined in s. 409.913. The agency may seek federal waivers
3923 necessary to administer these policies.
3924 (4) The agency may contract with:
3925 (b) An entity that is providing comprehensive behavioral
3926 health care services to certain Medicaid recipients through a
3927 capitated, prepaid arrangement pursuant to the federal waiver
3928 provided for by s. 409.905(5). Such entity must be licensed
3929 under chapter 624, chapter 636, or chapter 641, or authorized
3930 under paragraph (c) or paragraph (d), and must possess the
3931 clinical systems and operational competence to manage risk and
3932 provide comprehensive behavioral health care to Medicaid
3933 recipients. As used in this paragraph, the term “comprehensive
3934 behavioral health care services” means covered mental health and
3935 substance abuse treatment services that are available to
3936 Medicaid recipients. The secretary of the Department of Children
3937 and Families Family Services shall approve provisions of
3938 procurements related to children in the department’s care or
3939 custody before enrolling such children in a prepaid behavioral
3940 health plan. Any contract awarded under this paragraph must be
3941 competitively procured. In developing the behavioral health care
3942 prepaid plan procurement document, the agency shall ensure that
3943 the procurement document requires the contractor to develop and
3944 implement a plan to ensure compliance with s. 394.4574 related
3945 to services provided to residents of licensed assisted living
3946 facilities that hold a limited mental health license. Except as
3947 provided in subparagraph 5., and except in counties where the
3948 Medicaid managed care pilot program is authorized pursuant to s.
3949 409.91211, the agency shall seek federal approval to contract
3950 with a single entity meeting these requirements to provide
3951 comprehensive behavioral health care services to all Medicaid
3952 recipients not enrolled in a Medicaid managed care plan
3953 authorized under s. 409.91211, a provider service network
3954 authorized under paragraph (d), or a Medicaid health maintenance
3955 organization in an AHCA area. In an AHCA area where the Medicaid
3956 managed care pilot program is authorized pursuant to s.
3957 409.91211 in one or more counties, the agency may procure a
3958 contract with a single entity to serve the remaining counties as
3959 an AHCA area or the remaining counties may be included with an
3960 adjacent AHCA area and are subject to this paragraph. Each
3961 entity must offer a sufficient choice of providers in its
3962 network to ensure recipient access to care and the opportunity
3963 to select a provider with whom they are satisfied. The network
3964 shall include all public mental health hospitals. To ensure
3965 unimpaired access to behavioral health care services by Medicaid
3966 recipients, all contracts issued pursuant to this paragraph must
3967 require 80 percent of the capitation paid to the managed care
3968 plan, including health maintenance organizations and capitated
3969 provider service networks, to be expended for the provision of
3970 behavioral health care services. If the managed care plan
3971 expends less than 80 percent of the capitation paid for the
3972 provision of behavioral health care services, the difference
3973 shall be returned to the agency. The agency shall provide the
3974 plan with a certification letter indicating the amount of
3975 capitation paid during each calendar year for behavioral health
3976 care services pursuant to this section. The agency may reimburse
3977 for substance abuse treatment services on a fee-for-service
3978 basis until the agency finds that adequate funds are available
3979 for capitated, prepaid arrangements.
3980 1. The agency shall modify the contracts with the entities
3981 providing comprehensive inpatient and outpatient mental health
3982 care services to Medicaid recipients in Hillsborough, Highlands,
3983 Hardee, Manatee, and Polk Counties, to include substance abuse
3984 treatment services.
3985 2. Except as provided in subparagraph 5., the agency and
3986 the Department of Children and Families Family Services shall
3987 contract with managed care entities in each AHCA area except
3988 area 6 or arrange to provide comprehensive inpatient and
3989 outpatient mental health and substance abuse services through
3990 capitated prepaid arrangements to all Medicaid recipients who
3991 are eligible to participate in such plans under federal law and
3992 regulation. In AHCA areas where eligible individuals number less
3993 than 150,000, the agency shall contract with a single managed
3994 care plan to provide comprehensive behavioral health services to
3995 all recipients who are not enrolled in a Medicaid health
3996 maintenance organization, a provider service network authorized
3997 under paragraph (d), or a Medicaid capitated managed care plan
3998 authorized under s. 409.91211. The agency may contract with more
3999 than one comprehensive behavioral health provider to provide
4000 care to recipients who are not enrolled in a Medicaid capitated
4001 managed care plan authorized under s. 409.91211, a provider
4002 service network authorized under paragraph (d), or a Medicaid
4003 health maintenance organization in AHCA areas where the eligible
4004 population exceeds 150,000. In an AHCA area where the Medicaid
4005 managed care pilot program is authorized pursuant to s.
4006 409.91211 in one or more counties, the agency may procure a
4007 contract with a single entity to serve the remaining counties as
4008 an AHCA area or the remaining counties may be included with an
4009 adjacent AHCA area and shall be subject to this paragraph.
4010 Contracts for comprehensive behavioral health providers awarded
4011 pursuant to this section shall be competitively procured. Both
4012 for-profit and not-for-profit corporations are eligible to
4013 compete. Managed care plans contracting with the agency under
4014 subsection (3) or paragraph (d) shall provide and receive
4015 payment for the same comprehensive behavioral health benefits as
4016 provided in AHCA rules, including handbooks incorporated by
4017 reference. In AHCA area 11, the agency shall contract with at
4018 least two comprehensive behavioral health care providers to
4019 provide behavioral health care to recipients in that area who
4020 are enrolled in, or assigned to, the MediPass program. One of
4021 the behavioral health care contracts must be with the existing
4022 provider service network pilot project, as described in
4023 paragraph (d), for the purpose of demonstrating the cost
4024 effectiveness of the provision of quality mental health services
4025 through a public hospital-operated managed care model. Payment
4026 shall be at an agreed-upon capitated rate to ensure cost
4027 savings. Of the recipients in area 11 who are assigned to
4028 MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those
4029 MediPass-enrolled recipients shall be assigned to the existing
4030 provider service network in area 11 for their behavioral care.
4031 3. Children residing in a statewide inpatient psychiatric
4032 program, or in a Department of Juvenile Justice or a Department
4033 of Children and Families Family Services residential program
4034 approved as a Medicaid behavioral health overlay services
4035 provider may not be included in a behavioral health care prepaid
4036 health plan or any other Medicaid managed care plan pursuant to
4037 this paragraph.
4038 4. Traditional community mental health providers under
4039 contract with the Department of Children and Families Family
4040 Services pursuant to part IV of chapter 394, child welfare
4041 providers under contract with the Department of Children and
4042 Families Family Services in areas 1 and 6, and inpatient mental
4043 health providers licensed pursuant to chapter 395 must be
4044 offered an opportunity to accept or decline a contract to
4045 participate in any provider network for prepaid behavioral
4046 health services.
4047 5. All Medicaid-eligible children, except children in area
4048 1 and children in Highlands County, Hardee County, Polk County,
4049 or Manatee County of area 6, which that are open for child
4050 welfare services in the statewide automated child welfare
4051 information system, shall receive their behavioral health care
4052 services through a specialty prepaid plan operated by community
4053 based lead agencies through a single agency or formal agreements
4054 among several agencies. The agency shall work with the specialty
4055 plan to develop clinically effective, evidence-based
4056 alternatives as a downward substitution for the statewide
4057 inpatient psychiatric program and similar residential care and
4058 institutional services. The specialty prepaid plan must result
4059 in savings to the state comparable to savings achieved in other
4060 Medicaid managed care and prepaid programs. Such plan must
4061 provide mechanisms to maximize state and local revenues. The
4062 specialty prepaid plan shall be developed by the agency and the
4063 Department of Children and Families Family Services. The agency
4064 may seek federal waivers to implement this initiative. Medicaid
4065 eligible children whose cases are open for child welfare
4066 services in the statewide automated child welfare information
4067 system and who reside in AHCA area 10 shall be enrolled in a
4068 capitated provider service network or other capitated managed
4069 care plan, which, in coordination with available community-based
4070 care providers specified in s. 409.987 s. 409.1671, shall
4071 provide sufficient medical, developmental, and behavioral health
4072 services to meet the needs of these children.
4073
4074 Effective July 1, 2012, in order to ensure continuity of care,
4075 the agency is authorized to extend or modify current contracts
4076 based on current service areas or on a regional basis, as
4077 determined appropriate by the agency, with comprehensive
4078 behavioral health care providers as described in this paragraph
4079 during the period prior to its expiration. This paragraph
4080 expires October 1, 2014.
4081 Section 58. Paragraph (dd) of subsection (3) of section
4082 409.91211, Florida Statutes, is amended to read:
4083 409.91211 Medicaid managed care pilot program.—
4084 (3) The agency shall have the following powers, duties, and
4085 responsibilities with respect to the pilot program:
4086 (dd) To implement service delivery mechanisms within a
4087 specialty plan in area 10 to provide behavioral health care
4088 services to Medicaid-eligible children whose cases are open for
4089 child welfare services in the HomeSafeNet system. These services
4090 must be coordinated with community-based care providers as
4091 specified in s. 409.986 s. 409.1671, where available, and be
4092 sufficient to meet the developmental, behavioral, and emotional
4093 needs of these children. Children in area 10 who have an open
4094 case in the HomeSafeNet system shall be enrolled into the
4095 specialty plan. These service delivery mechanisms must be
4096 implemented no later than July 1, 2011, in AHCA area 10 in order
4097 for the children in AHCA area 10 to remain exempt from the
4098 statewide plan under s. 409.912(4)(b)5. An administrative fee
4099 may be paid to the specialty plan for the coordination of
4100 services based on the receipt of the state share of that fee
4101 being provided through intergovernmental transfers.
4102 Section 59. Paragraph (d) of subsection (1) of section
4103 420.628, Florida Statutes, is amended to read:
4104 420.628 Affordable housing for children and young adults
4105 leaving foster care; legislative findings and intent.—
4106 (1)
4107 (d) The Legislature intends that the Florida Housing
4108 Finance Corporation, agencies within the State Housing
4109 Initiative Partnership Program, local housing finance agencies,
4110 public housing authorities, and their agents, and other
4111 providers of affordable housing coordinate with the Department
4112 of Children and Families Family Services, their agents, and
4113 community-based care providers who provide services under s.
4114 409.986 s. 409.1671 to develop and implement strategies and
4115 procedures designed to make affordable housing available
4116 whenever and wherever possible to young adults who leave the
4117 child welfare system.
4118 Section 60. Subsection (5) of section 960.065, Florida
4119 Statutes, is amended to read:
4120 960.065 Eligibility for awards.—
4121 (5) A person is not ineligible for an award pursuant to
4122 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
4123 person is a victim of sexual exploitation of a child as defined
4124 in s. 39.01(68)(g) s. 39.01(67)(g).
4125 Section 61. This act shall take effect July 1, 2014.