Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (608810) for CS for SB 590
       
       
       
       
       
       
                                Ì371160rÎ371160                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Appropriations (Flores) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective January 1, 2019, section 39.4015,
    6  Florida Statutes, is created to read:
    7         39.4015 Family finding.—
    8         (1) LEGISLATIVE FINDINGS AND INTENT.—
    9         (a) The Legislature finds that every child who is in out
   10  of-home care has the goal of finding a permanent home, whether
   11  achieved by reunifying the child with his or her parents or
   12  finding another permanent connection, such as adoption or legal
   13  guardianship with a relative or nonrelative who has a
   14  significant relationship with the child.
   15         (b) The Legislature finds that while legal permanency is
   16  important to a child in out-of-home care, emotional permanency
   17  helps increase the likelihood that children will achieve
   18  stability and well-being and successfully transition to
   19  independent adulthood.
   20         (c) The Legislature also finds that research has
   21  consistently shown that placing a child within his or her own
   22  family reduces the trauma of being removed from his or her home,
   23  is less likely to result in placement disruptions, and enhances
   24  prospects for finding a permanent family if the child cannot
   25  return home.
   26         (d) The Legislature further finds that the primary purpose
   27  of family finding is to facilitate legal and emotional
   28  permanency for children who are in out-of-home care by finding
   29  and engaging their relatives.
   30         (e) It is the intent of the Legislature that every child in
   31  out-of-home care be afforded the advantages that can be gained
   32  from the use of family finding to establish caring and long-term
   33  or permanent connections and relationships for children and
   34  youth in out-of-home care, as well as to establish a long-term
   35  emotional support network with family members and other adults
   36  who may not be able to take the child into their home but who
   37  want to stay connected with the child.
   38         (2) DEFINITIONS.—As used in this section, the term:
   39         (a) “Diligent efforts” means the use of methods and
   40  techniques including, but not limited to, interviews with
   41  immediate and extended family and kin, genograms, eco-mapping,
   42  case mining, cold calls, and specialized computer searches.
   43         (b) “Family finding” means an intensive relative search and
   44  engagement technique used in identifying family and other close
   45  adults for children in out-of-home care and involving them in
   46  developing and carrying out a plan for the emotional and legal
   47  permanency of a child.
   48         (c) “Family group decisionmaking” is a generic term that
   49  includes a number of approaches in which family members and
   50  fictive kin are brought together to make decisions about how to
   51  care for their children and develop a plan for services. The
   52  term includes family team conferencing, family team meetings,
   53  family group conferencing, family team decisionmaking, family
   54  unity meetings, and team decisionmaking, which may consist of
   55  several phases and employ a trained facilitator or coordinator.
   56         (d) “Fictive kin” means an individual who is unrelated to
   57  the child by either birth or marriage, but has such a close
   58  emotional relationship with the child that he or she may be
   59  considered part of the family.
   60         (3) FAMILY-FINDING PROGRAM.—The department, in
   61  collaboration with sheriffs’ offices that conduct child
   62  protective investigations and community-based care lead
   63  agencies, shall develop a formal family-finding program to be
   64  implemented statewide by child protective investigators and
   65  community-based care lead agencies. Implementation of the
   66  program is contingent upon the appropriation of funds by the
   67  Legislature specifically for the program.
   68         (a) Family finding is required as soon as a child comes to
   69  the attention of the department and throughout the duration of
   70  the case, and finding and engaging with as many family members
   71  and fictive kin as possible for each child who may help with
   72  care or support for the child is considered a best practice. The
   73  department or community-based care lead agency must specifically
   74  document strategies taken to locate and engage relatives and
   75  kin. Strategies of engagement may include, but are not limited
   76  to, asking the relatives and kin to:
   77         1. Participate in a family group decisionmaking conference,
   78  family team conferencing, or other family meetings aimed at
   79  developing or supporting the family service plan;
   80         2. Attend visitations with the child;
   81         3. Assist in transportation of the child;
   82         4. Provide respite or child care services; or
   83         5. Provide actual kinship care.
   84         (b) The department and the community-based care lead
   85  agencies must use diligent efforts in family finding, must
   86  continue those efforts until multiple relatives and kin are
   87  identified, and must go beyond basic searching tools by
   88  exploring alternative tools and methodologies. Efforts by the
   89  department and the community-based care lead agency may include,
   90  but are not limited to:
   91         1. Searching for and locating adult relatives and kin.
   92         2. Identifying and building positive connections between
   93  the child and the child’s relatives and fictive kin.
   94         3. Supporting the engagement of relatives and fictive kin
   95  in social service planning and delivery of services and creating
   96  a network of extended family support to assist in remedying the
   97  concerns that led to the child becoming involved with the child
   98  welfare system, when appropriate.
   99         4. Maintaining family connections, when possible.
  100         5. Keeping siblings together in care, when in the best
  101  interest of each child and when possible.
  102         (c) A basic computer search using the Internet or attempts
  103  to contact known relatives at a last known address or telephone
  104  number do not constitute effective family finding.
  105         (d) The court’s inquiry and determination regarding family
  106  finding should be made at each stage of the case, including a
  107  shelter hearing conducted pursuant to s. 39.402. The court shall
  108  place its determinations on the record as to whether the
  109  department or community-based care lead agency has reasonably
  110  engaged in family finding. The level of reasonableness is to be
  111  determined by the length of the case and the amount of time the
  112  department or community-based care lead agency has had to begin
  113  or continue the process.
  114         (4) RULEMAKING.—The department shall adopt rules to
  115  implement this section.
  116         Section 2. Paragraphs (c) and (d) of subsection (11) of
  117  section 39.402, Florida Statutes, and subsection (17) of that
  118  section are amended to read:
  119         39.402 Placement in a shelter.—
  120         (11)
  121         (c) The court shall request that the parents consent to
  122  provide access to the child’s child care records, early
  123  education program records, or other educational records and
  124  provide information to the court, the department or its contract
  125  agencies, and any guardian ad litem or attorney for the child.
  126  If a parent is unavailable or unable to consent or withholds
  127  consent and the court determines access to the records and
  128  information is necessary to provide services to the child, the
  129  court shall issue an order granting access.
  130         (d) The court may appoint a surrogate parent or may refer
  131  the child to the district school superintendent for appointment
  132  of a surrogate parent if the child has or is suspected of having
  133  a disability and the parent is unavailable pursuant to s.
  134  39.0016(3)(b). If the child is under the age of school entry,
  135  the court must make the appointment.
  136         (17) At the shelter hearing, the court shall inquire of the
  137  parent whether the parent has relatives who might be considered
  138  as a placement for the child. The parent shall provide to the
  139  court and all parties identification and location information
  140  regarding the relatives. The court shall advise the parent that
  141  the parent has a continuing duty to inform the department of any
  142  relative who should be considered for placement of the child.
  143  Upon implementation of the program authorized under s. 39.4015,
  144  the court shall place its determinations on the record as to
  145  whether the department or community-based care lead agency has
  146  reasonably engaged in family finding. The level of
  147  reasonableness is to be determined by the length of the case and
  148  amount of time the department or community-based care lead
  149  agency has had to begin or continue the process.
  150         Section 3. Present subsection (9) of section 39.506,
  151  Florida Statutes, is redesignated as subsection (10), and a new
  152  subsection (9) is added to that section, to read:
  153         39.506 Arraignment hearings.—
  154         (9)Upon implementation of the program authorized under s.
  155  39.4015, the court shall review whether the department or
  156  community-based care lead agency has reasonably engaged in
  157  family finding and make a written determination as to its
  158  findings. The level of reasonableness is determined by the
  159  length of the case and amount of time the department or
  160  community-based care lead agency has had to begin or continue
  161  the process.
  162         Section 4. Paragraphs (c) and (d) of subsection (7) of
  163  section 39.507, Florida Statutes, are amended to read:
  164         39.507 Adjudicatory hearings; orders of adjudication.—
  165         (7)
  166         (c) If a court adjudicates a child dependent and the child
  167  is in out-of-home care, the court shall inquire of the parent or
  168  parents whether the parents have relatives who might be
  169  considered as a placement for the child. The court shall advise
  170  the parents that, if the parents fail to substantially comply
  171  with the case plan, their parental rights may be terminated and
  172  that the child’s out-of-home placement may become permanent. The
  173  parent or parents shall provide to the court and all parties
  174  identification and location information of the relatives. Upon
  175  implementation of the program authorized under s. 39.4015, the
  176  court shall review whether the department or community-based
  177  care lead agency has reasonably engaged in family finding and
  178  make a written determination as to its findings. The level of
  179  reasonableness is determined by the length of the case and
  180  amount of time the department or community-based care lead
  181  agency has had to begin or continue the process.
  182         (d)The court shall advise the parents that, if they fail
  183  to substantially comply with the case plan, their parental
  184  rights may be terminated and that the child’s out-of-home
  185  placement may become permanent.
  186         Section 5. Effective January 1, 2019, section 39.5085,
  187  Florida Statutes, is amended to read:
  188         39.5085 Kinship Care Relative Caregiver Program.—
  189         (1) LEGISLATIVE FINDINGS AND INTENT.—
  190         (a) The Legislature finds that an increasing number of
  191  relatives and fictive kin are assuming the responsibility of
  192  raising children because the parents of these children are
  193  unable to care for them.
  194         (b) The Legislature also finds that these kinship
  195  caregivers perform a vital function by providing homes for
  196  children who would otherwise be at risk of foster care placement
  197  and that kinship care is a crucial option in the spectrum of
  198  out-of-home care available to children in need.
  199         (c) The Legislature finds that children living with kinship
  200  caregivers experience increased placement stability, are less
  201  likely to reenter care if they are reunified with their parents,
  202  and have better behavioral and mental health outcomes.
  203         (d) The Legislature further finds that these kinship
  204  caregivers may face a number of difficulties and need assistance
  205  to support the health and well-being of the children they care
  206  for. These needs include, but are not limited to, financial
  207  assistance, legal assistance, respite care, child care,
  208  specialized training, and counseling.
  209         (e) It is the intent of the Legislature to provide for the
  210  establishment and implementation of procedures and protocols
  211  that are likely to increase and adequately support appropriate
  212  and safe kinship care placements.
  213         (2) DEFINITIONS.—As used this section, the term:
  214         (a) “Fictive kin” means an individual who is unrelated to
  215  the child by either birth or marriage, but has such a close
  216  emotional relationship with the child that he or she may be
  217  considered part of the family.
  218         (b) “Kinship care” means the full-time care of a child
  219  placed in out-of-home care by the court in the home of a
  220  relative or fictive kin.
  221         (c) “Kinship navigator program” means a statewide program
  222  designed to ensure that kinship caregivers are provided with
  223  necessary resources for the preservation of the family.
  224         (d) “Relative” means an individual who is caring full time
  225  for a child placed in out-of-home care by the court and who:
  226         1. Is related to the child within the fifth degree by blood
  227  or marriage to the parent or stepparent of the child; or
  228         2. Is related to a half-sibling of that child within the
  229  fifth degree by blood or marriage to the parent or stepparent.
  230         (3) ASSISTANCE AND SERVICES.—
  231         (a) The purpose of a kinship navigator program is to help
  232  relative caregivers and fictive kin in the child welfare system
  233  to navigate the broad range of services available to them and
  234  the children from public, private, community, and faith-based
  235  organizations.
  236         (b) Effective January 1, 2019, and contingent upon an
  237  appropriation of funds by the Legislature, each community-based
  238  care lead agency shall establish a kinship navigator program. In
  239  order to meet the requirements of a kinship navigator program,
  240  the program must:
  241         1. Be coordinated with other state or local agencies that
  242  promote service coordination or provide information and referral
  243  services, including any entities that participate in the Florida
  244  211 Network, to avoid duplication or fragmentation of services
  245  to kinship care families;
  246         2. Be planned and operated in consultation with kinship
  247  caregivers and organizations representing them, youth raised by
  248  kinship caregivers, relevant governmental agencies, and relevant
  249  community-based or faith-based organizations;
  250         3.Establish a toll-free telephone hotline to provide
  251  information to link kinship caregivers, kinship support group
  252  facilitators, and kinship service providers to:
  253         a.One another;
  254         b.Eligibility and enrollment information for federal,
  255  state, and local benefits;
  256         c.Relevant training to assist kinship caregivers in
  257  caregiving and in obtaining benefits and services; and
  258         d.Relevant knowledge related to legal options available
  259  for child custody, other legal assistance, and help in obtaining
  260  legal services.
  261         4.Provide outreach to kinship care families, including by
  262  establishing, distributing, and updating a kinship care website,
  263  or other relevant guides or outreach materials; and
  264         5.Promote partnerships between public and private
  265  agencies, including schools, community-based or faith-based
  266  organizations, and relevant governmental agencies, to increase
  267  their knowledge of the needs of kinship care families to promote
  268  better services for those families.
  269         (4) RULEMAKING.—The department shall adopt rules to
  270  implement this section.
  271         (1) It is the intent of the Legislature in enacting this
  272  section to:
  273         (a) Provide for the establishment of procedures and
  274  protocols that serve to advance the continued safety of children
  275  by acknowledging the valued resource uniquely available through
  276  grandparents, relatives of children, and specified nonrelatives
  277  of children pursuant to subparagraph (2)(a)3.
  278         (b) Recognize family relationships in which a grandparent
  279  or other relative is the head of a household that includes a
  280  child otherwise at risk of foster care placement.
  281         (c) Enhance family preservation and stability by
  282  recognizing that most children in such placements with
  283  grandparents and other relatives do not need intensive
  284  supervision of the placement by the courts or by the department.
  285         (d) Recognize that permanency in the best interests of the
  286  child can be achieved through a variety of permanency options,
  287  including permanent guardianship under s. 39.6221 if the
  288  guardian is a relative, by permanent placement with a fit and
  289  willing relative under s. 39.6231, by a relative, guardianship
  290  under chapter 744, or adoption, by providing additional
  291  placement options and incentives that will achieve permanency
  292  and stability for many children who are otherwise at risk of
  293  foster care placement because of abuse, abandonment, or neglect,
  294  but who may successfully be able to be placed by the dependency
  295  court in the care of such relatives.
  296         (e) Reserve the limited casework and supervisory resources
  297  of the courts and the department for those cases in which
  298  children do not have the option for safe, stable care within the
  299  family.
  300         (f) Recognize that a child may have a close relationship
  301  with a person who is not a blood relative or a relative by
  302  marriage and that such person should be eligible for financial
  303  assistance under this section if he or she is able and willing
  304  to care for the child and provide a safe, stable home
  305  environment.
  306         (2)(a) The Department of Children and Families shall
  307  establish, operate, and implement the Relative Caregiver Program
  308  by rule of the department. The Relative Caregiver Program shall,
  309  within the limits of available funding, provide financial
  310  assistance to:
  311         1. Relatives who are within the fifth degree by blood or
  312  marriage to the parent or stepparent of a child and who are
  313  caring full-time for that dependent child in the role of
  314  substitute parent as a result of a court’s determination of
  315  child abuse, neglect, or abandonment and subsequent placement
  316  with the relative under this chapter.
  317         2. Relatives who are within the fifth degree by blood or
  318  marriage to the parent or stepparent of a child and who are
  319  caring full-time for that dependent child, and a dependent half
  320  brother or half-sister of that dependent child, in the role of
  321  substitute parent as a result of a court’s determination of
  322  child abuse, neglect, or abandonment and subsequent placement
  323  with the relative under this chapter.
  324         3. Nonrelatives who are willing to assume custody and care
  325  of a dependent child in the role of substitute parent as a
  326  result of a court’s determination of child abuse, neglect, or
  327  abandonment and subsequent placement with the nonrelative
  328  caregiver under this chapter. The court must find that a
  329  proposed placement under this subparagraph is in the best
  330  interest of the child.
  331         4. A relative or nonrelative caregiver, but the relative or
  332  nonrelative caregiver may not receive a Relative Caregiver
  333  Program payment if the parent or stepparent of the child resides
  334  in the home. However, a relative or nonrelative may receive the
  335  Relative Caregiver Program payment for a minor parent who is in
  336  his or her care, as well as for the minor parent’s child, if
  337  both children have been adjudicated dependent and meet all other
  338  eligibility requirements. If the caregiver is currently
  339  receiving the payment, the Relative Caregiver Program payment
  340  must be terminated no later than the first of the following
  341  month after the parent or stepparent moves into the home,
  342  allowing for 10-day notice of adverse action.
  343  
  344  The placement may be court-ordered temporary legal custody to
  345  the relative or nonrelative under protective supervision of the
  346  department pursuant to s. 39.521(1)(c)3., or court-ordered
  347  placement in the home of a relative or nonrelative as a
  348  permanency option under s. 39.6221 or s. 39.6231 or under former
  349  s. 39.622 if the placement was made before July 1, 2006. The
  350  Relative Caregiver Program shall offer financial assistance to
  351  caregivers who would be unable to serve in that capacity without
  352  the caregiver payment because of financial burden, thus exposing
  353  the child to the trauma of placement in a shelter or in foster
  354  care.
  355         (b) Caregivers who receive assistance under this section
  356  must be capable, as determined by a home study, of providing a
  357  physically safe environment and a stable, supportive home for
  358  the children under their care and must assure that the
  359  children’s well-being is met, including, but not limited to, the
  360  provision of immunizations, education, and mental health
  361  services as needed.
  362         (c) Relatives or nonrelatives who qualify for and
  363  participate in the Relative Caregiver Program are not required
  364  to meet foster care licensing requirements under s. 409.175.
  365         (d) Relatives or nonrelatives who are caring for children
  366  placed with them by the court pursuant to this chapter shall
  367  receive a special monthly caregiver benefit established by rule
  368  of the department. The amount of the special benefit payment
  369  shall be based on the child’s age within a payment schedule
  370  established by rule of the department and subject to
  371  availability of funding. The statewide average monthly rate for
  372  children judicially placed with relatives or nonrelatives who
  373  are not licensed as foster homes may not exceed 82 percent of
  374  the statewide average foster care rate, and the cost of
  375  providing the assistance described in this section to any
  376  caregiver may not exceed the cost of providing out-of-home care
  377  in emergency shelter or foster care.
  378         (e) Children receiving cash benefits under this section are
  379  not eligible to simultaneously receive WAGES cash benefits under
  380  chapter 414.
  381         (f) Within available funding, the Relative Caregiver
  382  Program shall provide caregivers with family support and
  383  preservation services, flexible funds in accordance with s.
  384  409.165, school readiness, and other available services in order
  385  to support the child’s safety, growth, and healthy development.
  386  Children living with caregivers who are receiving assistance
  387  under this section shall be eligible for Medicaid coverage.
  388         (g) The department may use appropriate available state,
  389  federal, and private funds to operate the Relative Caregiver
  390  Program. The department may develop liaison functions to be
  391  available to relatives or nonrelatives who care for children
  392  pursuant to this chapter to ensure placement stability in
  393  extended family settings.
  394         Section 6. Paragraph (e) of subsection (1) of section
  395  39.521, Florida Statutes, is amended to read:
  396         39.521 Disposition hearings; powers of disposition.—
  397         (1) A disposition hearing shall be conducted by the court,
  398  if the court finds that the facts alleged in the petition for
  399  dependency were proven in the adjudicatory hearing, or if the
  400  parents or legal custodians have consented to the finding of
  401  dependency or admitted the allegations in the petition, have
  402  failed to appear for the arraignment hearing after proper
  403  notice, or have not been located despite a diligent search
  404  having been conducted.
  405         (e) The court shall, in its written order of disposition,
  406  include all of the following:
  407         1. The placement or custody of the child.
  408         2. Special conditions of placement and visitation.
  409         3. Evaluation, counseling, treatment activities, and other
  410  actions to be taken by the parties, if ordered.
  411         4. The persons or entities responsible for supervising or
  412  monitoring services to the child and parent.
  413         5. Continuation or discharge of the guardian ad litem, as
  414  appropriate.
  415         6. The date, time, and location of the next scheduled
  416  review hearing, which must occur within the earlier of:
  417         a. Ninety days after the disposition hearing;
  418         b. Ninety days after the court accepts the case plan;
  419         c. Six months after the date of the last review hearing; or
  420         d. Six months after the date of the child’s removal from
  421  his or her home, if no review hearing has been held since the
  422  child’s removal from the home.
  423         7. If the child is in an out-of-home placement, child
  424  support to be paid by the parents, or the guardian of the
  425  child’s estate if possessed of assets which under law may be
  426  disbursed for the care, support, and maintenance of the child.
  427  The court may exercise jurisdiction over all child support
  428  matters, shall adjudicate the financial obligation, including
  429  health insurance, of the child’s parents or guardian, and shall
  430  enforce the financial obligation as provided in chapter 61. The
  431  state’s child support enforcement agency shall enforce child
  432  support orders under this section in the same manner as child
  433  support orders under chapter 61. Placement of the child shall
  434  not be contingent upon issuance of a support order.
  435         8.a. If the court does not commit the child to the
  436  temporary legal custody of an adult relative, legal custodian,
  437  or other adult approved by the court, the disposition order must
  438  shall include the reasons for such a decision and, upon
  439  implementation of the program authorized under s. 39.4015, shall
  440  include a written determination as to whether diligent efforts
  441  were made by the department and the community-based care lead
  442  agency reasonably engaged in family finding in attempting to
  443  locate an adult relative, legal custodian, or other adult
  444  willing to care for the child in order to present that placement
  445  option to the court instead of placement with the department.
  446  The level of reasonableness is determined by the length of the
  447  case and amount of time the department or community-based care
  448  lead agency has had to begin or continue the process.
  449         b. If no suitable relative is found and the child is placed
  450  with the department or a legal custodian or other adult approved
  451  by the court, both the department and the court shall consider
  452  transferring temporary legal custody to an adult relative
  453  approved by the court at a later date, but neither the
  454  department nor the court is obligated to so place the child if
  455  it is in the child’s best interest to remain in the current
  456  placement.
  457  
  458  For the purposes of this section, “diligent efforts to locate an
  459  adult relative” means a search similar to the diligent search
  460  for a parent, but without the continuing obligation to search
  461  after an initial adequate search is completed.
  462         9. Other requirements necessary to protect the health,
  463  safety, and well-being of the child, to preserve the stability
  464  of the child’s child care, early education program, or any other
  465  educational placement, and to promote family preservation or
  466  reunification whenever possible.
  467         Section 7. Paragraph (b) of subsection (2) and paragraph
  468  (a) of subsection (3) of section 39.6012, Florida Statutes, are
  469  amended to read:
  470         39.6012 Case plan tasks; services.—
  471         (2) The case plan must include all available information
  472  that is relevant to the child’s care including, at a minimum:
  473         (b) A description of the plan for ensuring that the child
  474  receives safe and proper care and that services are provided to
  475  the child in order to address the child’s needs. To the extent
  476  available and accessible, the following health, mental health,
  477  and education information and records of the child must be
  478  attached to the case plan and updated throughout the judicial
  479  review process:
  480         1. The names and addresses of the child’s health, mental
  481  health, and educational providers;
  482         2. The child’s grade level performance;
  483         3. The child’s school record or, if the child is under the
  484  age of school entry, any records from a child care program,
  485  early education program, or preschool program;
  486         4.Documentation of compliance or noncompliance with the
  487  attendance requirements under s. 39.604, if the child is
  488  enrolled in a child care program, early education program, or
  489  preschool program;
  490         5.4. Assurances that the child’s placement takes into
  491  account proximity to the school in which the child is enrolled
  492  at the time of placement;
  493         6.5. A record of The child’s immunizations;
  494         7.6. The child’s known medical history, including any known
  495  health problems;
  496         8.7. The child’s medications, if any; and
  497         9.8. Any other relevant health, mental health, and
  498  education information concerning the child.
  499         (3) In addition to any other requirement, if the child is
  500  in an out-of-home placement, the case plan must include:
  501         (a) A description of the type of placement in which the
  502  child is to be living and, if the child has been placed with the
  503  department and the program as authorized under s. 39.4015 has
  504  been implemented, whether the department and the community-based
  505  care lead agency have reasonably engaged in family finding to
  506  locate an adult relative, legal custodian, or other adult
  507  willing to care for the child in order to present that placement
  508  option to the court instead of placement with the department.
  509         Section 8. Section 39.604, Florida Statutes, is amended to
  510  read:
  511         39.604 Rilya Wilson Act; short title; legislative intent;
  512  requirements; attendance; stability and transitions reporting
  513  responsibilities.—
  514         (1) SHORT TITLE.—This section may be cited as the “Rilya
  515  Wilson Act.”
  516         (2) LEGISLATIVE FINDINGS AND INTENT.—
  517         (a) The Legislature finds that children from birth to age 5
  518  years are particularly vulnerable to maltreatment and that they
  519  enter out-of-home care in disproportionately high numbers.
  520         (b) The Legislature also finds that children who are abused
  521  or neglected are at high risk of experiencing physical and
  522  mental health problems and problems with language and
  523  communication, cognitive development, and social and emotional
  524  development.
  525         (c) The Legislature also finds that providing early
  526  intervention and services, as well as quality child care and
  527  early education programs to support the healthy development of
  528  these young children, can have positive effects that last
  529  throughout childhood and into adulthood.
  530         (d) The Legislature also finds that the needs of each of
  531  these children are unique, and while some children may be best
  532  served by a quality child care or early education program,
  533  others may need more attention and nurturing that can best be
  534  provided by a stay-at-home caregiver The Legislature recognizes
  535  that children who are in the care of the state due to abuse,
  536  neglect, or abandonment are at increased risk of poor school
  537  performance and other behavioral and social problems.
  538         (e) It is the intent of the Legislature that children who
  539  are currently in out-of-home the care of the state be provided
  540  with an age-appropriate developmental child care or early
  541  education arrangement that is in the best interest of the child
  542  education program to help ameliorate the negative consequences
  543  of abuse, neglect, or abandonment.
  544         (3) REQUIREMENTS.—
  545         1. A child from birth to the age of school entry, who is
  546  under court-ordered protective supervision or in out-of-home
  547  care and is the custody of the Family Safety Program Office of
  548  the Department of Children and Families or a community-based
  549  lead agency, and enrolled in an a licensed early education or
  550  child care program must attend the program 5 days a week unless
  551  the court grants an exception due to the court determining it is
  552  in the best interest of a child from birth to age 3 years:
  553         a. With a stay-at-home caregiver to remain at home.
  554         b. With a caregiver who works less than full time to attend
  555  an early education or child care program fewer than 5 days a
  556  week.
  557         2. Notwithstanding s. 39.202, the department of Children
  558  and Families must notify operators of an the licensed early
  559  education or child care program, subject to the reporting
  560  requirements of this act, of the enrollment of any child from
  561  birth to the age of school entry, under court-ordered protective
  562  supervision or in out-of-home care. If the custody of the Family
  563  Safety Program Office of the Department of Children and Families
  564  or a community-based lead agency. When a child is enrolled in an
  565  early education or child care program regulated by the
  566  department, the child’s attendance in the program must be a
  567  required task action in the safety plan or the case plan
  568  developed for the child pursuant to this chapter. An exemption
  569  to participating in the licensed early education or child care
  570  program 5 days a week may be granted by the court.
  571         (4) ATTENDANCE AND REPORTING REQUIREMENTS.—
  572         1.(a) A child enrolled in an a licensed early education or
  573  child care program who meets the requirements of paragraph (b)
  574  subsection (3) may not be withdrawn from the program without the
  575  prior written approval of the department Family Safety Program
  576  Office of the Department of Children and Families or the
  577  community-based care lead agency.
  578         2.a.(b)1. If a child covered by this section is absent from
  579  the program on a day when he or she is supposed to be present,
  580  the person with whom the child resides must report the absence
  581  to the program by the end of the business day. If the person
  582  with whom the child resides, whether the parent or caregiver,
  583  fails to timely report the absence, the absence is considered to
  584  be unexcused. The program shall report any unexcused absence or
  585  seven consecutive excused absences of a child who is enrolled in
  586  the program and covered by this act to the local designated
  587  staff of the Family Safety Program Office of the department of
  588  Children and Families or the community-based care lead agency by
  589  the end of the business day following the unexcused absence or
  590  seventh consecutive excused absence.
  591         b.2. The department or community-based care lead agency
  592  shall conduct a site visit to the residence of the child upon
  593  receiving a report of two consecutive unexcused absences or
  594  seven consecutive excused absences.
  595         c.3. If the site visit results in a determination that the
  596  child is missing, the department or community-based care lead
  597  agency shall follow the procedure set forth in s. 39.0141 report
  598  the child as missing to a law enforcement agency and proceed
  599  with the necessary actions to locate the child pursuant to
  600  procedures for locating missing children.
  601         d.4. If the site visit results in a determination that the
  602  child is not missing, the parent or caregiver shall be notified
  603  that failure to ensure that the child attends the licensed early
  604  education or child care program is a violation of the safety
  605  plan or the case plan. If more than two site visits are
  606  conducted pursuant to this subsection, staff shall initiate
  607  action to notify the court of the parent or caregiver’s
  608  noncompliance with the case plan.
  609         (5) EDUCATIONAL STABILITY.—Just as educational stability is
  610  important for school-age children, it is also important to
  611  minimize disruptions to secure attachments and stable
  612  relationships with supportive caregivers of children from birth
  613  to school age and to ensure that these attachments are not
  614  disrupted due to placement in out-of-home care or subsequent
  615  changes in out-of-home placement.
  616         (a) A child must be allowed to remain in the child care or
  617  early educational setting that he or she attended before entry
  618  into out-of-home care, unless the program is not in the best
  619  interest of the child.
  620         (b) If it is not in the best interest of the child for him
  621  or her to remain in his or her child care or early education
  622  setting upon entry into out-of-home care, the caregiver must
  623  work with the case manager, guardian ad litem, child care and
  624  educational staff, and educational surrogate, if one has been
  625  appointed, to determine the best setting for the child. Such
  626  setting may be a child care provider that receives a Gold Seal
  627  Quality Care designation pursuant to s. 402.281, a provider
  628  participating in a quality rating system, a licensed child care
  629  provider, a public school provider, or a license-exempt child
  630  care provider, including religious-exempt and registered
  631  providers, and non-public schools.
  632         (c) The department and providers of early care and
  633  education shall develop protocols to ensure continuity if
  634  children are required to leave a program because of a change in
  635  out-of-home placement.
  636         (6) TRANSITIONS.—In the absence of an emergency, if a child
  637  from birth to school age leaves a child care or early education
  638  program, the transition must be pursuant to a plan that involves
  639  cooperation and sharing of information among all persons
  640  involved, that respects the child’s developmental stage and
  641  associated psychological needs, and that allows for a gradual
  642  transition from one setting to another.
  643         Section 9. Paragraph (b) of subsection (6) and subsection
  644  (7) of section 39.6251, Florida Statutes, are amended to read:
  645         39.6251 Continuing care for young adults.—
  646         (6) A young adult who is between the ages of 18 and 21 and
  647  who has left care may return to care by applying to the
  648  community-based care lead agency for readmission. The community
  649  based care lead agency shall readmit the young adult if he or
  650  she continues to meet the eligibility requirements in this
  651  section.
  652         (b) Within 30 days after the young adult has been
  653  readmitted to care, the community-based care lead agency shall
  654  assign a case manager to update the case plan and the transition
  655  plan and to arrange for the required services. Updates to the
  656  case plan and the transition plan and arrangements for the
  657  required services Such activities shall be undertaken in
  658  consultation with the young adult. The department shall petition
  659  the court to reinstate jurisdiction over the young adult.
  660  Notwithstanding s. 39.013(2), the court shall resume
  661  jurisdiction over the young adult if the department establishes
  662  that he or she continues to meet the eligibility requirements in
  663  this section.
  664         (7) During each period of time that a young adult is in
  665  care, the community-based lead agency shall provide regular case
  666  management reviews that must include at least monthly contact
  667  with the case manager. If a young adult lives outside the
  668  service area of his or her community-based care lead agency,
  669  monthly contact may occur by telephone.
  670         Section 10. Paragraph (c) of subsection (2) of section
  671  39.701, Florida Statutes, is amended to read:
  672         39.701 Judicial review.—
  673         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
  674  AGE.—
  675         (c) Review determinations.—The court and any citizen review
  676  panel shall take into consideration the information contained in
  677  the social services study and investigation and all medical,
  678  psychological, and educational records that support the terms of
  679  the case plan; testimony by the social services agency, the
  680  parent, the foster parent or legal custodian, the guardian ad
  681  litem or surrogate parent for educational decisionmaking if one
  682  has been appointed for the child, and any other person deemed
  683  appropriate; and any relevant and material evidence submitted to
  684  the court, including written and oral reports to the extent of
  685  their probative value. These reports and evidence may be
  686  received by the court in its effort to determine the action to
  687  be taken with regard to the child and may be relied upon to the
  688  extent of their probative value, even though not competent in an
  689  adjudicatory hearing. In its deliberations, the court and any
  690  citizen review panel shall seek to determine:
  691         1. If the parent was advised of the right to receive
  692  assistance from any person or social service agency in the
  693  preparation of the case plan.
  694         2. If the parent has been advised of the right to have
  695  counsel present at the judicial review or citizen review
  696  hearings. If not so advised, the court or citizen review panel
  697  shall advise the parent of such right.
  698         3. If a guardian ad litem needs to be appointed for the
  699  child in a case in which a guardian ad litem has not previously
  700  been appointed or if there is a need to continue a guardian ad
  701  litem in a case in which a guardian ad litem has been appointed.
  702         4. Who holds the rights to make educational decisions for
  703  the child. If appropriate, the court may refer the child to the
  704  district school superintendent for appointment of a surrogate
  705  parent or may itself appoint a surrogate parent under the
  706  Individuals with Disabilities Education Act and s. 39.0016. If
  707  the child is under the age of school entry, the court must make
  708  the appointment.
  709         5. The compliance or lack of compliance of all parties with
  710  applicable items of the case plan, including the parents’
  711  compliance with child support orders.
  712         6. The compliance or lack of compliance with a visitation
  713  contract between the parent and the social service agency for
  714  contact with the child, including the frequency, duration, and
  715  results of the parent-child visitation and the reason for any
  716  noncompliance.
  717         7. The frequency, kind, and duration of contacts among
  718  siblings who have been separated during placement, as well as
  719  any efforts undertaken to reunite separated siblings if doing so
  720  is in the best interest of the child.
  721         8. The compliance or lack of compliance of the parent in
  722  meeting specified financial obligations pertaining to the care
  723  of the child, including the reason for failure to comply, if
  724  applicable.
  725         9. Whether the child is receiving safe and proper care
  726  according to s. 39.6012, including, but not limited to, the
  727  appropriateness of the child’s current placement, including
  728  whether the child is in a setting that is as family-like and as
  729  close to the parent’s home as possible, consistent with the
  730  child’s best interests and special needs, and including
  731  maintaining stability in the child’s educational placement, as
  732  documented by assurances from the community-based care provider
  733  that:
  734         a. The placement of the child takes into account the
  735  appropriateness of the current educational setting and the
  736  proximity to the school in which the child is enrolled at the
  737  time of placement.
  738         b. The community-based care agency has coordinated with
  739  appropriate local educational agencies to ensure that the child
  740  remains in the school in which the child is enrolled at the time
  741  of placement.
  742         10. Upon implementation of the program authorized under s.
  743  39.4015, whether the department or community-based care lead
  744  agency continues to reasonably engage in family finding. The
  745  level of reasonableness is determined by the length of the case
  746  and amount of time the department or community-based care lead
  747  agency has had to continue the process.
  748         11. 10. A projected date likely for the child’s return home
  749  or other permanent placement.
  750         12. 11. When appropriate, the basis for the unwillingness
  751  or inability of the parent to become a party to a case plan. The
  752  court and the citizen review panel shall determine if the
  753  efforts of the social service agency to secure party
  754  participation in a case plan were sufficient.
  755         13. 12. For a child who has reached 13 years of age but is
  756  not yet 18 years of age, the adequacy of the child’s preparation
  757  for adulthood and independent living. For a child who is 15
  758  years of age or older, the court shall determine if appropriate
  759  steps are being taken for the child to obtain a driver license
  760  or learner’s driver license.
  761         14. 13. If amendments to the case plan are required.
  762  Amendments to the case plan must be made as provided in under s.
  763  39.6013.
  764         Section 11. Subsections (4) and (5) of section 409.166,
  765  Florida Statutes, are amended to read:
  766         409.166 Children within the child welfare system; adoption
  767  assistance program.—
  768         (4) ADOPTION ASSISTANCE.—
  769         (a)For purposes of administering payments under paragraph
  770  (d), the term:
  771         1.“Child” means an individual who has not attained 21
  772  years of age.
  773         2.“Young adult” means an individual who has attained 18
  774  years of age but who has not attained 21 years of age.
  775         (b)(a) A maintenance subsidy shall be granted only when all
  776  other resources available to a child have been thoroughly
  777  explored and it can be clearly established that this is the most
  778  acceptable plan for providing permanent placement for the child.
  779  The maintenance subsidy may not be used as a substitute for
  780  adoptive parent recruitment or as an inducement to adopt a child
  781  who might be placed without providing a subsidy. However, it
  782  shall be the policy of the department that no child be denied
  783  adoption if providing a maintenance subsidy would make adoption
  784  possible. The best interest of the child shall be the deciding
  785  factor in every case. This section does not prohibit foster
  786  parents from applying to adopt a child placed in their care.
  787  Foster parents or relative caregivers must be asked if they
  788  would adopt without a maintenance subsidy.
  789         (c)(b) The department shall provide adoption assistance to
  790  the adoptive parents, subject to specific appropriation, in the
  791  amount of $5,000 annually, paid on a monthly basis, for the
  792  support and maintenance of a child until the 18th birthday of
  793  such child or in an amount other than $5,000 annually as
  794  determined by the adoptive parents and the department and
  795  memorialized in a written agreement between the adoptive parents
  796  and the department. The agreement shall take into consideration
  797  the circumstances of the adoptive parents and the needs of the
  798  child being adopted. The amount of subsidy may be adjusted based
  799  upon changes in the needs of the child or circumstances of the
  800  adoptive parents. Changes may shall not be made without the
  801  concurrence of the adoptive parents. However, in no case shall
  802  the amount of the monthly payment exceed the foster care
  803  maintenance payment that would have been paid during the same
  804  period if the child had been in a foster family home.
  805         (d)Contingent upon a specific appropriation, adoption
  806  assistance payments may be made for a child up to 21 years of
  807  age whose adoptive parent entered into an initial adoption
  808  assistance agreement after the child reached 16 years of age but
  809  before the child reached 18 years of age if the child is:
  810         1.Completing secondary education or a program leading to
  811  an equivalent credential;
  812         2.Enrolled in an institution that provides postsecondary
  813  or vocational education;
  814         3.Participating in a program or activity designed to
  815  promote or eliminate barriers to employment;
  816         4.Employed for at least 80 hours per month; or
  817         5.Unable to participate in programs or activities listed
  818  in subparagraphs 1.-4. full time due to a physical,
  819  intellectual, emotional, or psychiatric condition that limits
  820  participation. Any such barrier to participation must be
  821  supported by documentation in the child’s case file or school or
  822  medical records.
  823         (e)A child or young adult receiving benefits through the
  824  adoption assistance program is not eligible to simultaneously
  825  receive relative caregiver benefits under s. 39.5085 or
  826  postsecondary education services and support under s. 409.1451.
  827         (f)(c) The department may provide adoption assistance to
  828  the adoptive parents, subject to specific appropriation, for
  829  medical assistance initiated after the adoption of the child for
  830  medical, surgical, hospital, and related services needed as a
  831  result of a physical or mental condition of the child which
  832  existed before the adoption and is not covered by Medicaid,
  833  Children’s Medical Services, or Children’s Mental Health
  834  Services. Such assistance may be initiated at any time but shall
  835  terminate on or before the child’s 18th birthday.
  836         (5) ELIGIBILITY FOR SERVICES.—
  837         (a) As a condition of providing adoption assistance under
  838  this section and before the adoption is finalized, the adoptive
  839  parents must have an approved adoption home study and must enter
  840  into an adoption-assistance agreement with the department which
  841  specifies the financial assistance and other services to be
  842  provided.
  843         (b) A child who is handicapped at the time of adoption is
  844  shall be eligible for services through the Children’s Medical
  845  Services network established under part I of chapter 391 if the
  846  child was eligible for such services before prior to the
  847  adoption.
  848         Section 12. Effective January 1, 2019, paragraph (b) of
  849  subsection (1) of section 414.045, Florida Statutes, is amended
  850  to read:
  851         414.045 Cash assistance program.—Cash assistance families
  852  include any families receiving cash assistance payments from the
  853  state program for temporary assistance for needy families as
  854  defined in federal law, whether such funds are from federal
  855  funds, state funds, or commingled federal and state funds. Cash
  856  assistance families may also include families receiving cash
  857  assistance through a program defined as a separate state
  858  program.
  859         (1) For reporting purposes, families receiving cash
  860  assistance shall be grouped into the following categories. The
  861  department may develop additional groupings in order to comply
  862  with federal reporting requirements, to comply with the data
  863  reporting needs of the board of directors of CareerSource
  864  Florida, Inc., or to better inform the public of program
  865  progress.
  866         (b) Child-only cases.—Child-only cases include cases that
  867  do not have an adult or teen head of household as defined in
  868  federal law. Such cases include:
  869         1. Children in the care of caretaker relatives, if the
  870  caretaker relatives choose to have their needs excluded in the
  871  calculation of the amount of cash assistance.
  872         2. Upon implementation of the Kinship Care Program
  873  established under s. 39.5085, families participating in that
  874  program in the Relative Caregiver program as provided in s.
  875  39.5085.
  876         3. Families in which the only parent in a single-parent
  877  family or both parents in a two-parent family receive
  878  supplemental security income (SSI) benefits under Title XVI of
  879  the Social Security Act, as amended. To the extent permitted by
  880  federal law, individuals receiving SSI shall be excluded as
  881  household members in determining the amount of cash assistance,
  882  and such cases shall not be considered families containing an
  883  adult. Parents or caretaker relatives who are excluded from the
  884  cash assistance group due to receipt of SSI may choose to
  885  participate in work activities. An individual whose ability to
  886  participate in work activities is limited who volunteers to
  887  participate in work activities shall be assigned to work
  888  activities consistent with such limitations. An individual who
  889  volunteers to participate in a work activity may receive child
  890  care or support services consistent with such participation.
  891         4. Families in which the only parent in a single-parent
  892  family or both parents in a two-parent family are not eligible
  893  for cash assistance due to immigration status or other
  894  limitation of federal law. To the extent required by federal
  895  law, such cases shall not be considered families containing an
  896  adult.
  897         5. To the extent permitted by federal law and subject to
  898  appropriations, special needs children who have been adopted
  899  pursuant to s. 409.166 and whose adopting family qualifies as a
  900  needy family under the state program for temporary assistance
  901  for needy families. Notwithstanding any provision to the
  902  contrary in s. 414.075, s. 414.085, or s. 414.095, a family
  903  shall be considered a needy family if:
  904         a. The family is determined by the department to have an
  905  income below 200 percent of the federal poverty level;
  906         b. The family meets the requirements of s. 414.095(2) and
  907  (3) related to residence, citizenship, or eligible noncitizen
  908  status; and
  909         c. The family provides any information that may be
  910  necessary to meet federal reporting requirements specified under
  911  Part A of Title IV of the Social Security Act.
  912  
  913  Families described in subparagraph 1., subparagraph 2., or
  914  subparagraph 3. may receive child care assistance or other
  915  supports or services so that the children may continue to be
  916  cared for in their own homes or in the homes of relatives. Such
  917  assistance or services may be funded from the temporary
  918  assistance for needy families block grant to the extent
  919  permitted under federal law and to the extent funds have been
  920  provided in the General Appropriations Act.
  921         Section 13. Paragraph (d) of subsection (1) of section
  922  1009.25, Florida Statutes, is amended to read:
  923         1009.25 Fee exemptions.—
  924         (1) The following students are exempt from the payment of
  925  tuition and fees, including lab fees, at a school district that
  926  provides workforce education programs, Florida College System
  927  institution, or state university:
  928         (d) A student who is or was at the time he or she reached
  929  18 years of age in the custody of a kinship caregiver relative
  930  or nonrelative under s. 39.5085 or who was adopted from the
  931  Department of Children and Families after May 5, 1997. Such
  932  exemption includes fees associated with enrollment in applied
  933  academics for adult education instruction. The exemption remains
  934  valid until the student reaches 28 years of age.
  935         Section 14. (1) Contingent upon a specific appropriation,
  936  effective August 1, 2018, the Department of Children and
  937  Families shall establish and operate a pilot Title IV-E
  938  Guardianship Assistance Program in two circuits in this state.
  939  The program will provide payments at a rate of $333 per month
  940  for persons who meet the Title IV-E eligibility requirements as
  941  outlined in s. 473(d)(1)(A) of the Social Security Act.
  942         (2) For purposes of administering this program, the term:
  943         (a) “Child” means an individual who has not attained 21
  944  years of age.
  945         (b) “Young adult” means an individual who has attained 18
  946  years of age but who has not attained 21 years of age.
  947         (c) “Fictive kin” means a person unrelated by birth,
  948  marriage, or adoption who has an emotionally significant
  949  relationship, which possesses the characteristics of a family
  950  relationship, to a child.
  951         (3) Caregivers enrolled in the Relative Caregiver or
  952  Nonrelative Caregiver Program prior to August 1, 2018, are not
  953  eligible to participate in the Title IV-E Guardianship
  954  Assistance Program pilot. Effective August 1, 2018, eligible
  955  caregivers enrolled in the pilot may not simultaneously have
  956  payments made on the child’s behalf through the Relative
  957  Caregiver Program under s. 39.5085, postsecondary education
  958  services and supports under s. 409.1451, or child-only cash
  959  assistance under chapter 414.
  960         (4) Notwithstanding s. 39.5085, in the two circuits where
  961  the Title IV-E Guardianship Assistance Program pilot is
  962  established, the Relative Caregiver Program will discontinue
  963  accepting applications effective July 31, 2018.
  964         (5) Notwithstanding s. 409.145(4), in the two circuits
  965  where the Title IV-E Guardianship Assistance Program pilot is
  966  established, the room and board rate for guardians who are
  967  eligible for the program will be $333 per month.
  968         (6) Notwithstanding s. 409.175(11)(a), in the two circuits
  969  where the Title IV-E Guardianship Assistance Program pilot is
  970  established, an exception of licensing standards may be provided
  971  for those standards where a waiver has been granted.
  972         Section 15. Except as otherwise expressly provided in this
  973  act, this act shall take effect July 1, 2018.
  974  
  975  ================= T I T L E  A M E N D M E N T ================
  976  And the title is amended as follows:
  977         Delete everything before the enacting clause
  978  and insert:
  979                        A bill to be entitled                      
  980         An act relating to child welfare; creating s. 39.4015,
  981         F.S.; providing legislative findings and intent;
  982         defining terms; requiring the Department of Children
  983         and Families, in collaboration with sheriffs’ offices
  984         that conduct child protective investigations and
  985         community-based care lead agencies, to develop a
  986         statewide family-finding program; specifying that
  987         implementation of the family-finding program is
  988         contingent upon the appropriation of funds by the
  989         Legislature; specifying when family is required;
  990         requiring the department and community-based care lead
  991         agencies to document strategies taken to engage
  992         relatives and kin; providing strategies to engage
  993         relatives and kin; requiring the department and
  994         community-based care lead agencies to use diligent
  995         efforts in family finding; providing that certain
  996         actions do not constitute family finding; requiring
  997         determinations by the court; requiring the department
  998         to adopt rules; amending s. 39.402, F.S.; requiring
  999         the court to request that parents consent to providing
 1000         access to additional records; upon implementation of
 1001         the family-finding program, requiring a judge to
 1002         appoint a surrogate parent for certain children;
 1003         requiring the court to place on the record its
 1004         determinations regarding the department’s or the
 1005         community-based lead agency’s reasonable engagement in
 1006         family finding; providing guidelines for determining
 1007         reasonableness; amending ss. 39.506; upon
 1008         implementation of the family-finding program,
 1009         requiring the court to make a determination regarding
 1010         the department’s or the community-based lead agency’s
 1011         reasonable engagement in family finding; providing
 1012         guidelines for determining reasonableness; amending s.
 1013         39.507, F.S.; upon implementation of the family
 1014         finding program, requiring the court to make a
 1015         determination regarding the department’s or the
 1016         community-based lead agency’s reasonable engagement in
 1017         family finding; providing guidelines for determining
 1018         reasonableness; requiring the court to advise parents
 1019         that their parental rights may be terminated and the
 1020         child’s out-of-home placement may become permanent
 1021         under certain circumstances; amending s. 39.5085,
 1022         F.S.; providing legislative findings and intent;
 1023         defining terms; providing the purpose of a kinship
 1024         navigator program; contingent upon the appropriation
 1025         of funds by the Legislature, requiring each community
 1026         based care lead agency to establish a kinship
 1027         navigator program; providing requirements for
 1028         programs; requiring the department to adopt rules;
 1029         deleting provisions related to the Relative Caregiver
 1030         Program; amending s. 39.521, F.S.; upon implementation
 1031         of the family-finding program, requiring the court to
 1032         make a determination regarding the department’s or the
 1033         community-based lead agency’s reasonable engagement in
 1034         family finding; providing guidelines for determining
 1035         reasonableness; conforming provisions to changes made
 1036         by the act; amending s. 39.6012, F.S.; revising the
 1037         types of records that must be attached to a case plan
 1038         and updated throughout the judicial review process;
 1039         upon implementation of the family-finding program,
 1040         requiring that documentation of the family-finding
 1041         efforts of the department and the community-based care
 1042         lead agency be included in certain case plans;
 1043         amending s. 39.604, F.S.; revising legislative
 1044         findings and intent; revising enrollment and
 1045         attendance requirements for children in an early
 1046         education or child care program; conforming cross
 1047         references; providing requirements and procedures for
 1048         maintaining the educational stability of a child
 1049         during the child’s placement in out-of-home care, or
 1050         subsequent changes in out-of-home placement; requiring
 1051         that a child’s transition from a child care or early
 1052         education program be pursuant to a plan that meets
 1053         certain requirements; amending s. 39.6251, F.S.;
 1054         requiring the case manager for a young adult in foster
 1055         care to consult with the young adult when updating the
 1056         case plan and the transition plan and arrangements;
 1057         deleting a provision authorizing case management
 1058         reviews to be conducted by telephone under certain
 1059         circumstances; amending s. 39.701, F.S.; requiring the
 1060         court to appoint a surrogate parent if the child is
 1061         under the age of school entry; upon implementation of
 1062         the family-finding program, requiring the court to
 1063         determine if the department and community-based lead
 1064         agency has continued to reasonably engage in family
 1065         finding; providing guidelines for determining the
 1066         level of reasonableness; amending s. 409.166, F.S.;
 1067         defining terms; providing conditions for the
 1068         department to provide adoption assistance payments to
 1069         adoptive parents of certain children; providing that
 1070         children and young adults receiving benefits through
 1071         the adoption assistance program are ineligible for
 1072         other specified benefits and services; providing
 1073         additional conditions for eligibility for adoption
 1074         assistance; amending ss. 414.045 and 1009.25, F.S.;
 1075         conforming provisions to changes made by the act;
 1076         contingent upon the appropriation of funds by the
 1077         Legislature, requiring the Department of Children and
 1078         Families to create a pilot Title IV-E Guardianship
 1079         Assistance Program; providing definitions; specifying
 1080         eligibility and limitations; requiring the Relative
 1081         Caregiver Program to discontinue accepting
 1082         applications in certain circuits by a specified date;
 1083         establishing a room and board rate for guardians in
 1084         certain circuits who are eligible for the program;
 1085         providing an exception to licensing standards in
 1086         certain circuits under certain circumstances;
 1087         providing effective dates.