Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for HB 43
       
       
       
       
       
       
                                Ì7554263Î755426                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .            Floor: C            
             03/05/2020 10:36 AM       .      03/12/2020 12:44 PM       
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Rouson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as “Jordan’s Law.”
    6         Section 2. Section 25.385, Florida Statutes, is amended to
    7  read:
    8         25.385 Standards for instruction of circuit and county
    9  court judges in handling domestic violence cases.—
   10         (1) The Florida Court Educational Council shall establish
   11  standards for instruction of circuit and county court judges who
   12  have responsibility for domestic violence cases, and the council
   13  shall provide such instruction on a periodic and timely basis.
   14         (2) As used in this subsection, section:
   15         (a) the term “domestic violence” has the meaning set forth
   16  in s. 741.28.
   17         (b) “Family or household member” has the meaning set forth
   18  in s. 741.28.
   19         (2) The Florida Court Educational Council shall establish
   20  standards for instruction of circuit and county court judges who
   21  have responsibility for dependency cases regarding the
   22  recognition of and responses to head trauma and brain injury in
   23  a child under 6 years of age. The council shall provide such
   24  instruction on a periodic and timely basis.
   25         Section 3. Section 39.0142, Florida Statutes, is created to
   26  read:
   27         39.0142 Notifying law enforcement officers of parent or
   28  caregiver names.—Beginning March 1, 2021, the Department of Law
   29  Enforcement shall provide information to law enforcement
   30  officers stating whether a person is a parent or caregiver who
   31  is currently the subject of a child protective investigation for
   32  alleged child abuse, abandonment, or neglect or is a parent or
   33  caregiver of a child who has been allowed to return to or remain
   34  in the home under judicial supervision after an adjudication of
   35  dependency. The Florida Department of Law Enforcement shall
   36  provide this data via a Florida Crime Information Center query
   37  into the department’s child protection database.
   38         (1) If a law enforcement officer has an interaction with a
   39  parent or caregiver as described in this section and the
   40  interaction results in the officer having concern about a
   41  child’s health, safety, or well-being, the officer shall report
   42  relevant details of the interaction to the central abuse hotline
   43  immediately after the interaction even if the requirements of s.
   44  39.201, relating to a person having actual knowledge or
   45  suspicion of abuse, abandonment, or neglect, are not met.
   46         (2) The central abuse hotline shall provide any relevant
   47  information to:
   48         (a) The child protective investigator, if the parent or
   49  caregiver is the subject of a child protective investigation; or
   50         (b) The child’s case manager and the attorney representing
   51  the department, if the parent or caregiver has a child under
   52  judicial supervision after an adjudication of dependency.
   53         Section 4. Paragraph (h) of subsection (3) of section
   54  39.303, Florida Statutes, is amended to read:
   55         39.303 Child Protection Teams and sexual abuse treatment
   56  programs; services; eligible cases.—
   57         (3) The Department of Health shall use and convene the
   58  Child Protection Teams to supplement the assessment and
   59  protective supervision activities of the family safety and
   60  preservation program of the Department of Children and Families.
   61  This section does not remove or reduce the duty and
   62  responsibility of any person to report pursuant to this chapter
   63  all suspected or actual cases of child abuse, abandonment, or
   64  neglect or sexual abuse of a child. The role of the Child
   65  Protection Teams is to support activities of the program and to
   66  provide services deemed by the Child Protection Teams to be
   67  necessary and appropriate to abused, abandoned, and neglected
   68  children upon referral. The specialized diagnostic assessment,
   69  evaluation, coordination, consultation, and other supportive
   70  services that a Child Protection Team must be capable of
   71  providing include, but are not limited to, the following:
   72         (h) Such training services for program and other employees
   73  of the Department of Children and Families, employees of the
   74  Department of Health, and other medical professionals as is
   75  deemed appropriate to enable them to develop and maintain their
   76  professional skills and abilities in handling child abuse,
   77  abandonment, and neglect cases. The training service must
   78  include training in the recognition of and appropriate responses
   79  to head trauma and brain injury in a child under 6 years of age
   80  as required by ss. 402.402(2) and 409.988.
   81  
   82  A Child Protection Team that is evaluating a report of medical
   83  neglect and assessing the health care needs of a medically
   84  complex child shall consult with a physician who has experience
   85  in treating children with the same condition.
   86         Section 5. Section 39.820, Florida Statutes, is amended to
   87  read:
   88         39.820 Definitions.—As used in this chapter part, the term:
   89         (1) “Guardian ad litem” as referred to in any civil or
   90  criminal proceeding includes the following: the Statewide
   91  Guardian Ad Litem Office, which includes circuit a certified
   92  guardian ad litem programs; program, a duly certified volunteer,
   93  a staff member, a staff attorney, a contract attorney, or a
   94  certified pro bono attorney working on behalf of a guardian ad
   95  litem or the program; staff members of a program office; a
   96  court-appointed attorney; or a responsible adult who is
   97  appointed by the court to represent the best interests of a
   98  child in a proceeding as provided for by law, including, but not
   99  limited to, this chapter, who is a party to any judicial
  100  proceeding as a representative of the child, and who serves
  101  until discharged by the court.
  102         (2) “Guardian advocate” means a person appointed by the
  103  court to act on behalf of a drug dependent newborn under
  104  pursuant to the provisions of this part.
  105         Section 6. Paragraph (b) of subsection (2) of section
  106  39.8296, Florida Statutes, is amended to read:
  107         39.8296 Statewide Guardian Ad Litem Office; legislative
  108  findings and intent; creation; appointment of executive
  109  director; duties of office.—
  110         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
  111  Statewide Guardian Ad Litem Office within the Justice
  112  Administrative Commission. The Justice Administrative Commission
  113  shall provide administrative support and service to the office
  114  to the extent requested by the executive director within the
  115  available resources of the commission. The Statewide Guardian Ad
  116  Litem Office is shall not be subject to control, supervision, or
  117  direction by the Justice Administrative Commission in the
  118  performance of its duties, but the employees of the office are
  119  shall be governed by the classification plan and salary and
  120  benefits plan approved by the Justice Administrative Commission.
  121         (b) The Statewide Guardian Ad Litem Office shall, within
  122  available resources, have oversight responsibilities for and
  123  provide technical assistance to all guardian ad litem and
  124  attorney ad litem programs located within the judicial circuits.
  125         1. The office shall identify the resources required to
  126  implement methods of collecting, reporting, and tracking
  127  reliable and consistent case data.
  128         2. The office shall review the current guardian ad litem
  129  programs in Florida and other states.
  130         3. The office, in consultation with local guardian ad litem
  131  offices, shall develop statewide performance measures and
  132  standards.
  133         4. The office shall develop a guardian ad litem training
  134  program, which shall include, but is not limited to, training on
  135  the recognition of and responses to head trauma and brain injury
  136  in a child under 6 years of age. The office shall establish a
  137  curriculum committee to develop the training program specified
  138  in this subparagraph. The curriculum committee shall include,
  139  but not be limited to, dependency judges, directors of circuit
  140  guardian ad litem programs, active certified guardians ad litem,
  141  a mental health professional who specializes in the treatment of
  142  children, a member of a child advocacy group, a representative
  143  of a domestic violence advocacy group the Florida Coalition
  144  Against Domestic Violence, an individual with a degree in social
  145  work, and a social worker experienced in working with victims
  146  and perpetrators of child abuse.
  147         5. The office shall review the various methods of funding
  148  guardian ad litem programs, shall maximize the use of those
  149  funding sources to the extent possible, and shall review the
  150  kinds of services being provided by circuit guardian ad litem
  151  programs.
  152         6. The office shall determine the feasibility or
  153  desirability of new concepts of organization, administration,
  154  financing, or service delivery designed to preserve the civil
  155  and constitutional rights and fulfill other needs of dependent
  156  children.
  157         7. In an effort to promote normalcy and establish trust
  158  between a court-appointed volunteer guardian ad litem and a
  159  child alleged to be abused, abandoned, or neglected under this
  160  chapter, a guardian ad litem may transport a child. However, a
  161  guardian ad litem volunteer may not be required or directed by
  162  the program or a court to transport a child.
  163         8. The office shall submit to the Governor, the President
  164  of the Senate, the Speaker of the House of Representatives, and
  165  the Chief Justice of the Supreme Court an interim report
  166  describing the progress of the office in meeting the goals as
  167  described in this section. The office shall submit to the
  168  Governor, the President of the Senate, the Speaker of the House
  169  of Representatives, and the Chief Justice of the Supreme Court a
  170  proposed plan including alternatives for meeting the state’s
  171  guardian ad litem and attorney ad litem needs. This plan may
  172  include recommendations for less than the entire state, may
  173  include a phase-in system, and shall include estimates of the
  174  cost of each of the alternatives. Each year the office shall
  175  provide a status report and provide further recommendations to
  176  address the need for guardian ad litem services and related
  177  issues.
  178         Section 7. Subsection (3) of section 402.40, Florida
  179  Statutes, is amended to read:
  180         402.40 Child welfare training and certification.—
  181         (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
  182  shall approve one or more third-party credentialing entities for
  183  the purpose of developing and administering child welfare
  184  certification programs for persons who provide child welfare
  185  services. A third-party credentialing entity shall request such
  186  approval in writing from the department. In order to obtain
  187  approval, the third-party credentialing entity must:
  188         (a) Establish professional requirements and standards that
  189  applicants must achieve in order to obtain a child welfare
  190  certification and to maintain such certification.
  191         (b) Develop and apply core competencies and examination
  192  instruments according to nationally recognized certification and
  193  psychometric standards.
  194         (c) Maintain a professional code of ethics and a
  195  disciplinary process that apply to all persons holding child
  196  welfare certification.
  197         (d) Maintain a database, accessible to the public, of all
  198  persons holding child welfare certification, including any
  199  history of ethical violations.
  200         (e) Require annual continuing education for persons holding
  201  child welfare certification.
  202         (f) Administer a continuing education provider program to
  203  ensure that only qualified providers offer continuing education
  204  opportunities for certificateholders.
  205         (g) Review the findings and all relevant records involving
  206  the death of a child or other critical incident following
  207  completion of any reviews by the department, the inspector
  208  general, or the Office of the Attorney General. Such review may
  209  occur only upon the filing of a complaint from an outside party
  210  involving certified personnel. This review shall assess the
  211  certified personnel’s compliance with the third-party
  212  credentialing entity’s published code of ethical and
  213  professional conduct and disciplinary procedures.
  214         (h)(g) Maintain an advisory committee, including
  215  representatives from each region of the department, each
  216  sheriff’s office providing child protective services, and each
  217  community-based care lead agency, who shall be appointed by the
  218  organization they represent. The third-party credentialing
  219  entity may appoint additional members to the advisory committee.
  220         Section 8. Subsections (2) and (4) of section 402.402,
  221  Florida Statutes, are amended to read:
  222         402.402 Child protection and child welfare personnel;
  223  attorneys employed by the department.—
  224         (2) SPECIALIZED TRAINING.—All child protective
  225  investigators and child protective investigation supervisors
  226  employed by the department or a sheriff’s office must complete
  227  the following specialized training:
  228         (a) Training on the recognition of and responses to head
  229  trauma and brain injury in a child under 6 years of age
  230  developed by the Child Protection Team Program within the
  231  Department of Health.
  232         (b) Training that is either focused on serving a specific
  233  population, including, but not limited to, medically fragile
  234  children, sexually exploited children, children under 3 years of
  235  age, or families with a history of domestic violence, mental
  236  illness, or substance abuse, or focused on performing certain
  237  aspects of child protection practice, including, but not limited
  238  to, investigation techniques and analysis of family dynamics.
  239  
  240  The specialized training may be used to fulfill continuing
  241  education requirements under s. 402.40(3)(e). Individuals hired
  242  before July 1, 2014, shall complete the specialized training by
  243  June 30, 2016, and individuals hired on or after July 1, 2014,
  244  shall complete the specialized training within 2 years after
  245  hire. An individual may receive specialized training in multiple
  246  areas.
  247         (4) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD
  248  WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose
  249  primary responsibility is representing the department in child
  250  welfare cases shall, within the first 6 months of employment,
  251  receive training in all of the following:
  252         (a) The dependency court process, including the attorney’s
  253  role in preparing and reviewing documents prepared for
  254  dependency court for accuracy and completeness.;
  255         (b) Preparing and presenting child welfare cases, including
  256  at least 1 week shadowing an experienced children’s legal
  257  services attorney preparing and presenting cases.;
  258         (c) Safety assessment, safety decisionmaking tools, and
  259  safety plans.;
  260         (d) Developing information presented by investigators and
  261  case managers to support decisionmaking in the best interest of
  262  children.; and
  263         (e) The experiences and techniques of case managers and
  264  investigators, including shadowing an experienced child
  265  protective investigator and an experienced case manager for at
  266  least 8 hours.
  267         (f) The recognition of and responses to head trauma and
  268  brain injury in a child under 6 years of age.
  269         Section 9. Paragraph (f) of subsection (1) and subsection
  270  (3) of section 409.988, Florida Statutes, are amended to read:
  271         409.988 Lead agency duties; general provisions.—
  272         (1) DUTIES.—A lead agency:
  273         (f) Shall ensure that all individuals providing care for
  274  dependent children receive appropriate training and meet the
  275  minimum employment standards established by the department.
  276  Appropriate training shall include, but is not limited to,
  277  training on the recognition of and responses to head trauma and
  278  brain injury in a child under 6 years of age developed by the
  279  Child Protection Team Program within the Department of Health.
  280         (3) SERVICES.—A lead agency must provide dependent children
  281  with services that are supported by research or that are
  282  recognized as best practices in the child welfare field. The
  283  agency shall give priority to the use of services that are
  284  evidence-based and trauma-informed and may also provide other
  285  innovative services, including, but not limited to, family
  286  centered and cognitive-behavioral interventions designed to
  287  mitigate out-of-home placements and intensive family
  288  reunification services that combine child welfare and mental
  289  health services for families with dependent children under 6
  290  years of age.
  291         Section 10. Section 943.17298, Florida Statutes, is created
  292  to read:
  293         943.17298 Training in the recognition of and responses to
  294  head trauma and brain injury.—The commission shall establish
  295  standards for the instruction of law enforcement officers in the
  296  subject of recognition of and responses to head trauma and brain
  297  injury in a child under 6 years of age to aid an officer in the
  298  detection of head trauma and brain injury due to child abuse.
  299  Each law enforcement officer must successfully complete the
  300  training as part of the basic recruit training for a law
  301  enforcement officer, as required under s. 943.13(9), or as a
  302  part of continuing training or education required under s.
  303  943.135(1), before July 1, 2022.
  304         Section 11. Until all systems enhancements and integrations
  305  required to implement the provisions of s. 39.0142, Florida
  306  Statutes, are complete and in production, the Florida Department
  307  of Law Enforcement, in collaboration with the Department of
  308  Children and Families, shall submit quarterly status reports to
  309  the Office of Policy and Budget in the Executive Office of the
  310  Governor and the chair of each legislative appropriations
  311  committee. Each report must detail progress made to date on each
  312  activity needed to implement the technology provisions of the
  313  bill.
  314         Section 12. This act shall take effect July 1, 2020.
  315  
  316  ================= T I T L E  A M E N D M E N T ================
  317  And the title is amended as follows:
  318         Delete everything before the enacting clause
  319  and insert:
  320                        A bill to be entitled                      
  321         An act relating to child welfare; providing a short
  322         title; amending s. 25.385, F.S.; requiring the Florida
  323         Court Educational Council to establish certain
  324         standards for instruction of circuit and county court
  325         judges for dependency cases; deleting obsolete
  326         language; creating s. 39.0142, F.S.; requiring the
  327         Department of Law Enforcement to provide certain
  328         information to law enforcement officers relating to
  329         specified individuals; requiring that such information
  330         be provided in a specified manner; providing
  331         requirements for law enforcement officers relating to
  332         specified interactions with certain persons; requiring
  333         the central abuse hotline to provide relevant
  334         information to certain persons; amending s. 39.303,
  335         F.S.; requiring Child Protection Teams to be capable
  336         of providing certain training relating to head trauma
  337         and brain injuries in children younger than a
  338         specified age; amending s. 39.820, F.S.; revising the
  339         definition of the term “guardian ad litem;” making
  340         technical changes; amending s. 39.8296, F.S.;
  341         requiring that the guardian ad litem training program
  342         include training on the recognition of and responses
  343         to head trauma and brain injury in specified children;
  344         revising the membership of the curriculum committee
  345         established by the Statewide Guardian Ad Litem Office
  346         within the Justice Administrative Commission; amending
  347         s. 402.40, F.S.; requiring third-party credentialing
  348         entities to conduct reviews to ensure compliance with
  349         the entity’s published code of ethical and
  350         professional conduct and disciplinary procedures under
  351         certain circumstances; amending s. 402.402, F.S.;
  352         requiring certain child protective investigators,
  353         child protective investigation supervisors, and
  354         attorneys to complete training on the recognition of
  355         and responses to head trauma and brain injury in
  356         specified children; amending s. 409.988, F.S.;
  357         requiring lead agencies to provide certain individuals
  358         with training on the recognition of and responses to
  359         head trauma and brain injury in specified children;
  360         authorizing lead agencies to provide intensive family
  361         reunification services that combine child welfare and
  362         mental health services to certain families; creating
  363         s. 943.17298, F.S.,; requiring the Criminal Justice
  364         Standards and Training Commission to establish
  365         standards for the instruction of law enforcement
  366         officers in a specified subject; requiring law
  367         enforcement officers to complete such training as part
  368         of either basic recruit training, continuing training,
  369         or education by a specified date; requiring the
  370         Florida Department of Law Enforcement, in
  371         collaboration with the Department of Children and
  372         Families, to submit quarterly status reports
  373         containing specified information to the Office of
  374         Policy and Budget in the Executive Office of the
  375         Governor and to the chair of each legislative
  376         appropriations committee until certain requirements
  377         are met; providing an effective date.