Florida Senate - 2017 SB 1400 By Senator Grimsley 26-00005B-17 20171400__ 1 A bill to be entitled 2 An act relating to child welfare; amending s. 39.521, 3 F.S.; requiring a parent whose actions have caused 4 harm to a child who is adjudicated to be dependent to 5 submit to a substance abuse disorder assessment or 6 evaluation and to participate in and comply with 7 treatment and services; creating s. 39.6001, F.S.; 8 requiring the Department of Children and Families, in 9 partnership with the Department of Health, the Agency 10 for Health Care Administration, other state agencies, 11 and community partners, to develop a strategy for 12 certain coordinated services; providing for creation 13 of a safe care plan that addresses the health and 14 substance abuse disorder treatment needs of a newborn 15 and affected family or caregiver and provides for the 16 monitoring of services provided; amending s. 39.6012, 17 F.S.; requiring a parent whose actions have caused 18 harm to a child adjudicated to be dependent to submit 19 to a substance abuse disorder assessment or evaluation 20 and to participate in and comply with treatment and 21 services; creating s. 381.00515, F.S.; requiring the 22 Department of Health to establish a hormonal long 23 acting reversible contraception (HLARC) program; 24 requiring the department to contract with family 25 planning and health care providers to implement the 26 program and provide HLARC services throughout the 27 state; requiring that such contracts include specified 28 provisions; providing for an annual appropriation; 29 requiring the department to seek grants for additional 30 funding; requiring the department to submit an annual 31 report to the Governor and the Legislature by a 32 specified date; requiring the department to publish 33 the report on its website; specifying requirements for 34 the report; creating s. 409.16741, F.S.; providing 35 legislative findings and intent; requiring the 36 Department of Children and Families to develop or 37 adopt one or more initial screening assessment 38 instruments to identify and determine the needs of, 39 and plan services for, substance exposed newborns and 40 their families; requiring the department to conduct 41 certain staffings relating to services for substance 42 exposed newborns and their families; specifying that 43 certain local service capacity be assessed; providing 44 that child protective investigators receive 45 specialized training in working with substance exposed 46 newborns and their families before they accept such 47 cases; creating s. 409.16742, F.S.; providing 48 legislative findings and intent; establishing a shared 49 family care residential services pilot program for 50 substance exposed newborns; providing an appropriation 51 subject to certain requirements; providing a statement 52 of public necessity; providing an effective date. 53 54 Be It Enacted by the Legislature of the State of Florida: 55 56 Section 1. Paragraph (b) of subsection (1) of section 57 39.521, Florida Statutes, is amended to read: 58 39.521 Disposition hearings; powers of disposition.— 59 (1) A disposition hearing shall be conducted by the court, 60 if the court finds that the facts alleged in the petition for 61 dependency were proven in the adjudicatory hearing, or if the 62 parents or legal custodians have consented to the finding of 63 dependency or admitted the allegations in the petition, have 64 failed to appear for the arraignment hearing after proper 65 notice, or have not been located despite a diligent search 66 having been conducted. 67 (b) When any child is adjudicated by a court to be 68 dependent, the court having jurisdiction of the child has the 69 power by order to: 70 1. Require the parent and, when appropriate, the legal 71 custodian and the child to participate in treatment and services 72 identified as necessary. The court may require the person who 73 has custody or who is requesting custody of the child to submit 74 to a mental health or substance abuse disorder assessment or 75 evaluation. The order may be made only upon good cause shown and 76 pursuant to notice and procedural requirements provided under 77 the Florida Rules of Juvenile Procedure. The mental health 78 assessment or evaluation must be administered by a qualified 79 professional as defined in s. 39.01, and the substance abuse 80 assessment or evaluation must be administered by a qualified 81 professional as defined in s. 397.311. The court may also 82 require such person to participate in and comply with treatment 83 and services identified as necessary, including, when 84 appropriate and available, participation in and compliance with 85 a mental health court program established under chapter 394 or a 86 treatment-based drug court program established under s. 397.334. 87 Adjudication of a child as dependent based upon evidence of harm 88 as defined in s. 39.01(30)(g) demonstrates good cause, and the 89 court shall require the parent whose actions caused the harm to 90 submit to a substance abuse disorder assessment or evaluation 91 and to participate in and comply with treatment and services 92 identified as necessary. In addition to supervision by the 93 department, the court, including the mental health court program 94 or the treatment-based drug court program, may oversee the 95 progress and compliance with treatment by a person who has 96 custody or is requesting custody of the child. The court may 97 impose appropriate available sanctions for noncompliance upon a 98 person who has custody or is requesting custody of the child or 99 make a finding of noncompliance for consideration in determining 100 whether an alternative placement of the child is in the child’s 101 best interests. Any order entered under this subparagraph may be 102 made only upon good cause shown. This subparagraph does not 103 authorize placement of a child with a person seeking custody of 104 the child, other than the child’s parent or legal custodian, who 105 requires mental health or substance abuse disorder treatment. 106 2. Require, if the court deems necessary, the parties to 107 participate in dependency mediation. 108 3. Require placement of the child either under the 109 protective supervision of an authorized agent of the department 110 in the home of one or both of the child’s parents or in the home 111 of a relative of the child or another adult approved by the 112 court, or in the custody of the department. Protective 113 supervision continues until the court terminates it or until the 114 child reaches the age of 18, whichever date is first. Protective 115 supervision shall be terminated by the court whenever the court 116 determines that permanency has been achieved for the child, 117 whether with a parent, another relative, or a legal custodian, 118 and that protective supervision is no longer needed. The 119 termination of supervision may be with or without retaining 120 jurisdiction, at the court’s discretion, and shall in either 121 case be considered a permanency option for the child. The order 122 terminating supervision by the department must set forth the 123 powers of the custodian of the child and include the powers 124 ordinarily granted to a guardian of the person of a minor unless 125 otherwise specified. Upon the court’s termination of supervision 126 by the department, further judicial reviews are not required if 127 permanency has been established for the child. 128 Section 2. Section 39.6001, Florida Statutes, is created to 129 read: 130 39.6001 Safe care plans for substance exposed newborns.—The 131 department, in partnership with the Department of Health, the 132 Agency for Health Care Administration, other state agencies, and 133 community partners, shall develop a strategy for coordinated 134 services to ensure the safety and well-being of newborns with 135 prenatal substance exposure by creating, implementing, and 136 monitoring safe care plans. A safe care plan is a written plan 137 for a newborn with prenatal substance abuse exposure following 138 the newborn’s release from the care of a health care provider. 139 The plan must address the health and substance abuse disorder 140 treatment needs of the newborn through infancy and the affected 141 family or caregiver. The department shall monitor such plans to 142 ensure appropriate referrals are made and services are delivered 143 to the newborn and the affected family or caregiver. 144 Section 3. Subsection (1) of section 39.6012, Florida 145 Statutes, is amended to read: 146 39.6012 Case plan tasks; services.— 147 (1) The services to be provided to the parent and the tasks 148 that must be completed are subject to the following: 149 (a) The services described in the case plan must be 150 designed to improve the conditions in the home and aid in 151 maintaining the child in the home, facilitate the child’s safe 152 return to the home, ensure proper care of the child, or 153 facilitate the child’s permanent placement. The services offered 154 must be the least intrusive possible into the life of the parent 155 and child, must focus on clearly defined objectives, and must 156 provide the most efficient path to quick reunification or 157 permanent placement given the circumstances of the case and the 158 child’s need for safe and proper care. 159 (b) The case plan must describe each of the tasks with 160 which the parent must comply and the services to be provided to 161 the parent, specifically addressing the identified problem, 162 including: 163 1. The type of services or treatment. 164 2. The date the department will provide each service or 165 referral for the service if the service is being provided by the 166 department or its agent. 167 3. The date by which the parent must complete each task. 168 4. The frequency of services or treatment provided. The 169 frequency of the delivery of services or treatment provided 170 shall be determined by the professionals providing the services 171 or treatment on a case-by-case basis and adjusted according to 172 their best professional judgment. 173 5. The location of the delivery of the services. 174 6. The staff of the department or service provider 175 accountable for the services or treatment. 176 7. A description of the measurable objectives, including 177 the timeframes specified for achieving the objectives of the 178 case plan and addressing the identified problem. 179 (c) If there is evidence of harm as defined in s. 180 39.01(30)(g), the case plan must require the parent whose 181 actions caused the harm to submit to a substance abuse disorder 182 assessment or evaluation and to participate in and comply with 183 treatment and services identified as necessary. 184 Section 4. Section 381.00515, Florida Statutes, is created 185 to read: 186 381.00515 Hormonal long-acting reversible contraception 187 (HLARC) program.— 188 (1) The Department of Health shall establish a hormonal 189 long-acting reversible contraception (HLARC) program for the 190 purpose of preventing unwanted pregnancies and improving 191 statewide access to family planning services. The department 192 shall contract with eligible family planning and health care 193 providers to implement the program throughout the state. A 194 contract to provide HLARC services must include all of the 195 following: 196 (a) Provision of intrauterine devices and implants to 197 participants. 198 (b) Training for providers and staff regarding the 199 provision of HLARC devices, counseling strategies, and the 200 management of side effects. 201 (c) Technical assistance regarding such issues as coding, 202 billing, pharmacy rules, and clinic management necessitated by 203 the increased use of HLARC devices. 204 (d) General support to expand the capacity of family 205 planning clinics in response to the demand for HLARC program 206 services added. 207 (e) Marketing and outreach regarding the availability of 208 HLARC services in comparison to other currently available 209 contraceptive services. 210 (f) Other services the department considers necessary to 211 ensure the health and safety of participants who receive HLARC 212 devices. 213 (2)(a) The Legislature shall annually appropriate funds 214 from the General Revenue Fund to the department to provide HLARC 215 services. 216 (b) Funds appropriated pursuant to this subsection may not 217 supplant or reduce any other appropriation of state funds to 218 family planning providers or to the department for family 219 planning services. 220 (3) The department shall seek grants from federal agencies 221 and other sources to supplement state funds provided for the 222 HLARC program. 223 (4) By January 1, 2019, and annually thereafter, the 224 department shall submit a report to the Governor, the President 225 of the Senate, and the Speaker of the House of Representatives 226 on the effectiveness of the HLARC program. The department shall 227 publish the report on its website. The report must include, but 228 need not be limited to: 229 (a) An assessment of the operation of the program, 230 including any progress made in reducing the number of abortions, 231 especially among teenagers. 232 (b) An assessment of the effectiveness of the program in 233 increasing the availability of HLARC services. 234 (c) The number and location of family planning providers 235 that participated in the program. 236 (d) The number of clients served by participating family 237 planning providers. 238 (e) The number of times HLARC services were provided by 239 participating family planning providers. 240 (f) The average cost per client served. 241 (g) The demographic characteristics of clients served. 242 (h) The sources and amounts of funding used for the 243 program. 244 (i) A description of federal and other grants the 245 department applied for in order to provide HLARC services, 246 including the outcomes of the grant applications. 247 (j) An analysis of the return on investment for the 248 provision of HLARC services with regard to tax dollars saved on 249 health and social services. 250 (k) A description and analysis of marketing and outreach 251 activities conducted to promote the availability of HLARC 252 services. 253 (l) Recommendations for improving the program. 254 Section 5. Section 409.16741, Florida Statutes, is created 255 to read: 256 409.16741 Substance exposed newborns; legislative findings 257 and intent; screening and assessment; case management; 258 training.— 259 (1) LEGISLATIVE FINDINGS AND INTENT.– 260 (a) The Legislature finds that children, their families, 261 and child welfare agencies have been affected by multiple 262 substance abuse epidemics over the past several decades, and 263 parental substance abuse is again becoming a growing reason for 264 removing children from their homes and placing them in foster 265 care. 266 (b) The Legislature also finds that infants are the largest 267 age group of children entering foster care and that parental 268 substance abuse disorders are having a major impact not only on 269 increasing child removals, but also on preventing or delaying 270 reunification of families and increasing termination of parental 271 rights. 272 (c) The Legislature further finds that two aspects of 273 parental substance abuse affect the child welfare system: 274 prenatal exposure when it is determined that there are immediate 275 safety factors that necessitate the newborn being placed in 276 protective custody; and postnatal use that affects the ability 277 of the parent to safely care for the child. 278 (d) Therefore, it is the intent of the Legislature that the 279 department will establish and monitor a coordinated approach to 280 working with children and their families affected by substance 281 abuse and dependence. 282 (2) SCREENING AND ASSESSMENT.—The department shall develop 283 or adopt one or more initial screening and assessment 284 instruments to identify, determine the needs of, and plan 285 services for substance exposed newborns and their families. In 286 addition to conditions of the infant, conditions or behaviors of 287 the mother or father which may indicate a risk of harm to the 288 child shall be considered during any assessment. 289 (3) CASE MANAGEMENT.— 290 (a) The department shall conduct regular multidisciplinary 291 staffings relating to services provided for substance exposed 292 newborns and their families to ensure that all parties possess 293 relevant information and that services are coordinated across 294 systems identified in this chapter. The department or community 295 based care lead agency, as appropriate, shall coordinate these 296 staffings and include individuals involved in the child’s care. 297 (b) Each region of the department and each community-based 298 care lead agency shall jointly assess local service capacity to 299 meet the specialized service needs of substance exposed newborns 300 and their families and establish a plan to develop the necessary 301 capacity. Each plan shall be developed in consultation with 302 entities and agencies involved in the individuals’ care. 303 (4) TRAINING.—The department and community-based care lead 304 agencies shall ensure that cases in which there is a substance 305 exposed newborn are assigned to child protective investigators 306 and case managers who have specialized training in working with 307 substance exposed newborns and their families. The department 308 and lead agencies shall ensure that child protective 309 investigators and case managers receive this training before 310 accepting a case. 311 Section 6. Section 409.16742, Florida Statutes, is created 312 to read: 313 409.16742 Shared family care residential services program 314 for substance exposed newborns.— 315 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds 316 that there is evidence that, with appropriate support and 317 training, some families can remain safely together without court 318 involvement or traumatic separations. Therefore, it is the 319 intent of the Legislature that alternative types of placement 320 options be available which provide both safety for substance 321 exposed newborns and an opportunity for parents recovering from 322 substance abuse disorders to achieve independence while living 323 together in a protective, nurturing family environment. 324 (2) ESTABLISHMENT OF PILOT PROGRAM.—The department shall 325 establish a shared family care residential services program to 326 serve substance exposed newborns and their families in the 327 Fourth Judicial Circuit through a contract with the designated 328 lead agency established in accordance with s. 409.987 or with a 329 private entity capable of providing residential care that 330 satisfies the requirements of this section. The private entity 331 or lead agency is responsible for all programmatic functions 332 necessary to carry out the intent of this section. As used in 333 this section, the term “shared family care” means out-of-home 334 care in which an entire family in need is temporarily placed in 335 the home of a family who is trained to mentor and support the 336 biological parents as they develop caring skills and supports 337 necessary for independent living. 338 (3) SERVICES.—The department shall specify services that 339 should be made available to newborns and their families through 340 the pilot program. 341 Section 7. For the 2017-2018 fiscal year, the sum of 342 $750,000 in recurring funds is appropriated from the General 343 Revenue Fund to the Department of Health for the purpose of 344 implementing the HLARC program. These funds do not supplant or 345 reduce any other appropriation of state funds to family planning 346 providers or to the department for family planning services. 347 Section 8. The Legislature finds that this act is necessary 348 to protect the public health, safety, and welfare. 349 Section 9. This act shall take effect July 1, 2017.