Florida Senate - 2019                              CS for SB 634
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Rouson, Berman, and Perry
       
       
       
       
       586-03713-19                                           2019634c1
    1                        A bill to be entitled                      
    2         An act relating to child welfare; providing a short
    3         title; amending s. 25.385, F.S.; requiring the Florida
    4         Court Educational Council to establish certain
    5         standards for instruction of circuit and county court
    6         judges for dependency cases; creating s. 39.0142,
    7         F.S.; requiring the Department of Law Enforcement to
    8         provide certain information to law enforcement
    9         officers relating to specified individuals; providing
   10         how such information shall be provided to law
   11         enforcement officers; providing requirements for law
   12         enforcement officers and the central abuse hotline
   13         relating to specified interactions with certain
   14         persons and how to relay details of such interactions;
   15         amending s. 39.8296, F.S.; requiring that the guardian
   16         ad litem training program include training on the
   17         recognition of and responses to head trauma and brain
   18         injury in children younger than a specified age;
   19         amending s. 402.402, F.S.; requiring certain
   20         investigators, supervisors, and attorneys to complete
   21         training on the recognition of and responses to head
   22         trauma and brain injury in specified children;
   23         amending s. 409.988, F.S.; requiring lead agencies to
   24         provide certain individuals with training on the
   25         recognition of and responses to head trauma and brain
   26         injury in specified children; authorizing lead
   27         agencies to provide intensive family reunification
   28         services that combine child welfare and mental health
   29         services to certain families; amending s. 409.996,
   30         F.S.; requiring the department and certain lead
   31         agencies to create and implement a program to more
   32         effectively provide case management services to
   33         specified children; providing criteria for selecting
   34         judicial circuits for participation the program;
   35         specifying requirements of the program; requiring the
   36         Department of Children and families to evaluate the
   37         effectiveness of the program and submit a report to
   38         the Legislature and Governor by a specified date;
   39         creating s. 943.17297, F.S.; requiring the Criminal
   40         Justice Standards and Training Commission to
   41         incorporate specified training for law enforcement
   42         officers; requiring law enforcement officers, as of a
   43         specified date, to successfully complete such training
   44         as part of basic recruit training or continuing
   45         training or education; providing an effective date.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. This act may be cited as “Jordan’s Law.”
   50         Section 2. Section 25.385, Florida Statutes, is amended to
   51  read:
   52         25.385 Standards for instruction of circuit and county
   53  court judges in handling domestic violence cases.—
   54         (1) The Florida Court Educational Council shall establish
   55  standards for instruction of circuit and county court judges who
   56  have responsibility for domestic violence cases, and the council
   57  shall provide such instruction on a periodic and timely basis.
   58         (2) As used in this subsection, section:
   59         (a) the term “domestic violence” has the meaning set forth
   60  in s. 741.28.
   61         (b)“Family or household member” has the meaning set forth
   62  in s. 741.28.
   63         (2)The Florida Court Educational Council shall establish
   64  standards for instruction of circuit and county court judges who
   65  have responsibility for dependency cases regarding the
   66  recognition of and responses to head trauma and brain injury in
   67  a child under 6 years of age. The council shall provide such
   68  instruction on a periodic and timely basis.
   69         Section 3. Section 39.0142, Florida Statutes, is created to
   70  read:
   71         39.0142Notifying law enforcement officers of parent or
   72  caregiver names.—The Department of Law Enforcement shall provide
   73  information to a law enforcement officer stating whether a
   74  person is a parent or caregiver who is currently the subject of
   75  a child protective investigation for alleged child abuse,
   76  abandonment, or neglect or is a parent or caregiver of a child
   77  who has been allowed to return to or remain in the home under
   78  judicial supervision after an adjudication of dependency. This
   79  information shall be provided via a Florida Crime Information
   80  Center query into the department’s child protection database.
   81         (1)If a law enforcement officer has an interaction with a
   82  parent or caregiver as described in this section and the
   83  interaction results in the officer having a concern about a
   84  child’s health, safety, or well-being, the law enforcement
   85  officer shall report the relevant details of the interaction to
   86  the central abuse hotline immediately after the interaction even
   87  if the requirements of s. 39.201, relating to reporting of
   88  knowledge or suspicion of abuse, abandonment, or neglect, are
   89  not met.
   90         (2)The central abuse hotline shall provide any relevant
   91  information to:
   92         (a)The child protective investigator, if the parent or
   93  caregiver is the subject of a child protective investigation; or
   94         (b)The child’s case manager and the attorney representing
   95  the department, if the parent or caregiver has a child under
   96  judicial supervision after an adjudication of dependency.
   97         Section 4. Paragraph (b) of subsection (2) of section
   98  39.8296, Florida Statutes, is amended to read:
   99         39.8296 Statewide Guardian Ad Litem Office; legislative
  100  findings and intent; creation; appointment of executive
  101  director; duties of office.—
  102         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
  103  Statewide Guardian Ad Litem Office within the Justice
  104  Administrative Commission. The Justice Administrative Commission
  105  shall provide administrative support and service to the office
  106  to the extent requested by the executive director within the
  107  available resources of the commission. The Statewide Guardian Ad
  108  Litem Office shall not be subject to control, supervision, or
  109  direction by the Justice Administrative Commission in the
  110  performance of its duties, but the employees of the office shall
  111  be governed by the classification plan and salary and benefits
  112  plan approved by the Justice Administrative Commission.
  113         (b) The Statewide Guardian Ad Litem Office shall, within
  114  available resources, have oversight responsibilities for and
  115  provide technical assistance to all guardian ad litem and
  116  attorney ad litem programs located within the judicial circuits.
  117         1. The office shall identify the resources required to
  118  implement methods of collecting, reporting, and tracking
  119  reliable and consistent case data.
  120         2. The office shall review the current guardian ad litem
  121  programs in Florida and other states.
  122         3. The office, in consultation with local guardian ad litem
  123  offices, shall develop statewide performance measures and
  124  standards.
  125         4. The office shall develop a guardian ad litem training
  126  program, which shall include, but not be limited to, training on
  127  the recognition of and responses to head trauma and brain injury
  128  in a child under 6 years of age. The office shall establish a
  129  curriculum committee to develop the training program specified
  130  in this subparagraph. The curriculum committee shall include,
  131  but not be limited to, dependency judges, directors of circuit
  132  guardian ad litem programs, active certified guardians ad litem,
  133  a mental health professional who specializes in the treatment of
  134  children, a member of a child advocacy group, a representative
  135  of the Florida Coalition Against Domestic Violence, and a social
  136  worker experienced in working with victims and perpetrators of
  137  child abuse.
  138         5. The office shall review the various methods of funding
  139  guardian ad litem programs, shall maximize the use of those
  140  funding sources to the extent possible, and shall review the
  141  kinds of services being provided by circuit guardian ad litem
  142  programs.
  143         6. The office shall determine the feasibility or
  144  desirability of new concepts of organization, administration,
  145  financing, or service delivery designed to preserve the civil
  146  and constitutional rights and fulfill other needs of dependent
  147  children.
  148         7. In an effort to promote normalcy and establish trust
  149  between a court-appointed volunteer guardian ad litem and a
  150  child alleged to be abused, abandoned, or neglected under this
  151  chapter, a guardian ad litem may transport a child. However, a
  152  guardian ad litem volunteer may not be required or directed by
  153  the program or a court to transport a child.
  154         8. The office shall submit to the Governor, the President
  155  of the Senate, the Speaker of the House of Representatives, and
  156  the Chief Justice of the Supreme Court an interim report
  157  describing the progress of the office in meeting the goals as
  158  described in this section. The office shall submit to the
  159  Governor, the President of the Senate, the Speaker of the House
  160  of Representatives, and the Chief Justice of the Supreme Court a
  161  proposed plan including alternatives for meeting the state’s
  162  guardian ad litem and attorney ad litem needs. This plan may
  163  include recommendations for less than the entire state, may
  164  include a phase-in system, and shall include estimates of the
  165  cost of each of the alternatives. Each year the office shall
  166  provide a status report and provide further recommendations to
  167  address the need for guardian ad litem services and related
  168  issues.
  169         Section 5. Subsections (2) and (4) of section 402.402,
  170  Florida Statutes, are amended to read:
  171         402.402 Child protection and child welfare personnel;
  172  attorneys employed by the department.—
  173         (2) SPECIALIZED TRAINING.—All child protective
  174  investigators and child protective investigation supervisors
  175  employed by the department or a sheriff’s office must complete
  176  the following specialized training:
  177         (a)Training on the recognition of and responses to head
  178  trauma and brain injury in a child under 6 years of age.
  179         (b)Training that is either focused on serving a specific
  180  population, including, but not limited to, medically fragile
  181  children, sexually exploited children, children under 3 years of
  182  age, or families with a history of domestic violence, mental
  183  illness, or substance abuse, or focused on performing certain
  184  aspects of child protection practice, including, but not limited
  185  to, investigation techniques and analysis of family dynamics.
  186  The specialized training may be used to fulfill continuing
  187  education requirements under s. 402.40(3)(e). Individuals hired
  188  before July 1, 2014, shall complete the specialized training by
  189  June 30, 2016, and individuals hired on or after July 1, 2014,
  190  shall complete the specialized training within 2 years after
  191  hire. An individual may receive specialized training in multiple
  192  areas.
  193         (4) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD
  194  WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose
  195  primary responsibility is representing the department in child
  196  welfare cases shall, within the first 6 months of employment,
  197  receive training in all of the following:
  198         (a) The dependency court process, including the attorney’s
  199  role in preparing and reviewing documents prepared for
  200  dependency court for accuracy and completeness.;
  201         (b) Preparing and presenting child welfare cases, including
  202  at least 1 week shadowing an experienced children’s legal
  203  services attorney preparing and presenting cases.;
  204         (c) Safety assessment, safety decisionmaking tools, and
  205  safety plans.;
  206         (d) Developing information presented by investigators and
  207  case managers to support decisionmaking in the best interest of
  208  children.; and
  209         (e) The experiences and techniques of case managers and
  210  investigators, including shadowing an experienced child
  211  protective investigator and an experienced case manager for at
  212  least 8 hours.
  213         (f)The recognition of and responses to head trauma and
  214  brain injury in a child under 6 years of age.
  215         Section 6. Paragraph (f) of subsection (1) and subsection
  216  (3) of section 409.988, Florida Statutes, are amended to read:
  217         409.988 Lead agency duties; general provisions.—
  218         (1) DUTIES.—A lead agency:
  219         (f) Shall ensure that all individuals providing care for
  220  dependent children receive appropriate training and meet the
  221  minimum employment standards established by the department.
  222  Appropriate training shall include, but is not limited to,
  223  training on the recognition of and responses to head trauma and
  224  brain injury in a child under 6 years of age.
  225         (3) SERVICES.—A lead agency must provide dependent children
  226  with services that are supported by research or that are
  227  recognized as best practices in the child welfare field. The
  228  agency shall give priority to the use of services that are
  229  evidence-based and trauma-informed and may also provide other
  230  innovative services, including, but not limited to, family
  231  centered and cognitive-behavioral interventions designed to
  232  mitigate out-of-home placements and intensive family
  233  reunification services that combine child welfare and mental
  234  health services for families with dependent children under 6
  235  years of age.
  236         Section 7. Subsection (24) is added to section 409.996,
  237  Florida Statutes, to read:
  238         409.996 Duties of the Department of Children and Families.
  239  The department shall contract for the delivery, administration,
  240  or management of care for children in the child protection and
  241  child welfare system. In doing so, the department retains
  242  responsibility for the quality of contracted services and
  243  programs and shall ensure that services are delivered in
  244  accordance with applicable federal and state statutes and
  245  regulations.
  246         (24)The department, in collaboration with the lead
  247  agencies serving the judicial circuits selected in paragraph
  248  (a), may create and implement a program to more effectively
  249  provide case management services for dependent children under 6
  250  years of age.
  251         (a)The department may select up to three judicial circuits
  252  in which to develop and implement a program under this
  253  subsection. Priority shall be given to a circuit that has a high
  254  removal rate, significant budget deficit, significant case
  255  management turnover rate, and the highest numbers of children in
  256  out-of-home care or a significant increase in the number of
  257  children in out-of-home care over the last 3 fiscal years.
  258         (b)The program shall:
  259         1.Include caseloads for dependency case managers comprised
  260  solely of children who are under 6 years of age, except as
  261  provided in paragraph (c). The maximum caseload for a case
  262  manager shall be no more than 15 children if possible.
  263         2.Include case managers who are trained specifically in:
  264         a.Critical child development for children under 6 years of
  265  age.
  266         b.Specific practices of child care for children under 6
  267  years of age.
  268         c.The scope of community resources available to children
  269  under 6 years of age.
  270         d.Working with a parent or caregiver and assisting him or
  271  her in developing the skills necessary to care for the health,
  272  safety, and well-being of a child under 6 years of age.
  273         (c)If a child being served through the program has a
  274  dependent sibling, the sibling may be assigned to the same case
  275  manager as the child being served through the program; however,
  276  each sibling counts toward the case manager’s maximum caseload
  277  as provided under paragraph (b).
  278         (d)The department shall evaluate the permanency, safety,
  279  and well-being of children being served through the program and
  280  submit a report to the Governor, the President of the Senate,
  281  and the Speaker of the House of Representatives by October 1,
  282  2024, detailing its findings.
  283         Section 8. Section 943.17297, Florida Statutes, is created
  284  to read:
  285         943.17297Training in the recognition of and responses to
  286  head trauma and brain injury.—The commission shall establish
  287  standards for the instruction of law enforcement officers in the
  288  subject of recognition of and responses to head trauma and brain
  289  injury in a child from under 6 years of age to aid an officer in
  290  the detection of head trauma and brain injury due to child
  291  abuse. By July 1, 2021, each law enforcement officer must
  292  successfully complete the training as part of the basic recruit
  293  training for a law enforcement officer, as required under s.
  294  943.13(9), or as a part of continuing training or education
  295  required under s. 943.135(1).
  296         Section 9. This act shall take effect July 1, 2019.