The Florida Senate

411.201  Short title.

411.202  Definitions.

411.203  Continuum of comprehensive services.

411.204  Program evaluation design and conduct; independent third-party evaluation.

411.205  Rules.

411.201  Short title.--This chapter may be cited as the "Florida Prevention, Early Assistance, and Early Childhood Act."

History.--s. 1, ch. 89-379.

411.202  Definitions.--As used in this chapter, the term:

(1)  "Assistance services" means those assessments, individualized therapies, and other medical, educational, and social services designed to enhance the environment for the high-risk or handicapped preschool child, in order to achieve optimum growth and development. Provision of such services may include monitoring and modifying the delivery of assistance services.

(2)  "Case management" means those activities aimed at assessing the needs of the high-risk child and his or her family; planning and linking the service system to the child and his or her family, based on child and family outcome objectives; coordinating and monitoring service delivery; and evaluating the effect of the service delivery system.

(3)  "Community-based local contractor" means any unit of county or local government, any for-profit or not-for-profit organization, or a school district.

(4)  "Developmental assistance" means individualized therapies and services needed to enhance both the high-risk child's growth and development and family functioning.

(5)  "Discharge planning" means the modification of the written individual and family service plan at the time of discharge from the hospital, which plan identifies for the family of a high-risk or handicapped infant a prescription of needed medical treatments or medications, specialized evaluation needs, and necessary nonmedical and educational intervention services.

(6)  "Drug-exposed child" means any child from birth to 5 years of age for whom there is documented evidence that the mother used illicit drugs or was a substance abuser, or both, during pregnancy and the child exhibits:

(a)  Abnormal growth;

(b)  Abnormal neurological patterns;

(c)  Abnormal behavior problems; or

(d)  Abnormal cognitive development.

(7)  "Early assistance" means any sustained and systematic effort designed to prevent or reduce the assessed level of health, educational, biological, environmental, or social risk for a high-risk child and his or her family.

(8)  "Handicapped child" means a preschool child who is developmentally disabled, mentally handicapped, speech impaired, language impaired, deaf or hard of hearing, blind or partially sighted, physically handicapped, health impaired, or emotionally handicapped; a preschool child who has a specific learning disability; or any other child who has been classified under rules of the State Board of Education as eligible for preschool special education services, with the exception of those who are classified solely as gifted.

(9)  "High-risk child" or "at-risk child" means a preschool child with one or more of the following characteristics:

(a)  The child is a victim or a sibling of a victim in a confirmed or indicated report of child abuse or neglect.

(b)  The child is a graduate of a perinatal intensive care unit.

(c)  The child's mother is under 18 years of age, unless the mother received necessary comprehensive maternity care and the mother and child currently receive necessary support services.

(d)  The child has a developmental delay of one standard deviation below the mean in cognition, language, or physical development.

(e)  The child has survived a catastrophic infectious or traumatic illness known to be associated with developmental delay.

(f)  The child has survived an accident resulting in a developmental delay.

(g)  The child has a parent or guardian who is developmentally disabled, severely emotionally disturbed, drug or alcohol dependent, or incarcerated and who requires assistance in meeting the child's developmental needs.

(h)  The child has no parent or guardian.

(i)  The child is drug exposed.

(j)  The child's family's income is at or below 100 percent of the federal poverty level or the child's family's income level impairs the development of the child.

(k)  The child is a handicapped child as defined in ¹subsection (7).

(l)  The child has been placed in residential care under the custody of the state through dependency proceedings pursuant to chapter 39.

(m)  The child is a member of a migrant farmworker family.

(10)  "Impact evaluation" means the provision of evaluation information to the department on the impact of the components of the childhood pregnancy prevention public education program and an assessment of the impact of the program on a child's related sexual knowledge, attitudes, and risk-taking behavior.

(11)  "Individual and family service plan" means a written individualized plan describing the developmental status of the high-risk child and the therapies and services needed to enhance both the high-risk child's growth and development and family functioning, and shall include the contents of the written individualized family service plan as defined in part H of Pub. L. No. 99-457.

(12)  "Infant" or "toddler" means any child from birth to 3 years of age.

(13)  "Interdisciplinary team" means a team that may include the physician, psychologist, educator, social worker, nursing staff, physical or occupational therapist, speech pathologist, parents, developmental intervention and parent support and training program director, case manager for the child and family, and others who are involved with the individual and family service plan.

(14)  "Parent support and training" means a range of services for families of high-risk or handicapped preschool children, including family counseling; financial planning; agency referral; development of parent-to-parent support groups; education relating to growth and development, developmental assistance, and objective measurable skills, including abuse avoidance skills; training of parents to advocate for their child; and bereavement counseling.

(15)  "Posthospital assistance services" means assessment, individual and family service planning, developmental assistance, counseling, parent education, and referrals which are delivered as needed in a home or nonhome setting, upon discharge, by a professional or paraprofessional trained for this purpose.

(16)  "Prenatal" means the time period from pregnancy to delivery.

(17)  "Preschool child" means a child from birth to 5 years of age, including a child who attains 5 years of age before September 1.

(18)  "Prevention" means any program, service, or sustained activity designed to eliminate or reduce high-risk conditions in pregnant women, to eliminate or ameliorate handicapping or high-risk conditions in infants, toddlers, or preschool children, or to reduce sexual activity or the risk of unwanted pregnancy in teenagers.

(19)  "Preventive health care" means periodic physical examinations, immunizations, and assessments for hearing, vision, nutritional deficiencies, development of language, physical growth, small and large muscle skills, and emotional behavior, as well as age-appropriate laboratory tests.

(20)  "Process evaluation" means the provision of information to the department on the breadth and scope of the childhood pregnancy prevention public education program. The evaluation must identify program areas that need modification and identify community-based local contractor strategies and procedures which are particularly effective.

(21)  "Strategic plan" means a report that analyzes existing programs, services, resources, policy, and needs and sets clear and consistent direction for programs and services for high-risk pregnant women and for preschool children, with emphasis on high-risk and handicapped children, by establishing goals and child and family outcomes, and strategies to meet them.

(22)  "Teen parent" means a person under 18 years of age or enrolled in school in grade 12 or below, who is pregnant, who is the father of an unborn child, or who is the parent of a child.

History.--s. 1, ch. 89-379; s. 7, ch. 90-358; s. 2, ch. 91-229; s. 1, ch. 95-321; s. 51, ch. 97-103.

¹Note.--Redesignated as subsection (8) by s. 1, ch. 95-321.

411.203  Continuum of comprehensive services.--The Department of Education and the ¹Department of Health and Rehabilitative Services shall utilize the continuum of prevention and early assistance services for high-risk pregnant women and for high-risk and handicapped children and their families, as outlined in this section, as a basis for the intraagency and interagency program coordination, monitoring, and analysis required in this chapter. The continuum shall be the guide for the comprehensive statewide approach for services for high-risk pregnant women and for high-risk and handicapped children and their families, and may be expanded or reduced as necessary for the enhancement of those services. Expansion or reduction of the continuum shall be determined by intraagency or interagency findings and agreement, whichever is applicable. Implementation of the continuum shall be based upon applicable eligibility criteria, availability of resources, and interagency prioritization when programs impact both agencies, or upon single agency prioritization when programs impact only one agency. The continuum shall include, but not be limited to:

(1)  EDUCATION AND AWARENESS.--

(a)  Education of the public concerning, but not limited to, the causes of handicapping conditions, normal and abnormal child development, the benefits of abstinence from sexual activity, and the consequences of teenage pregnancy.

(b)  Education of professionals and paraprofessionals concerning, but not limited to, the causes of handicapping conditions, normal and abnormal child development, parenting skills, the benefits of abstinence from sexual activity, and the consequences of teenage pregnancy, through preservice and inservice training, continuing education, and required postsecondary coursework.

(2)  INFORMATION AND REFERRAL.--

(a)  Providing information about available services and programs to families of high-risk and handicapped children.

(b)  Providing information about service options and providing technical assistance to aid families in the decisionmaking process.

(c)  Directing the family to appropriate services and programs to meet identified needs.

(3)  CASE MANAGEMENT.--

(a)  Arranging and coordinating services and activities for high-risk pregnant women, and for high-risk children and their families, with identified service providers.

(b)  Providing appropriate casework services to pregnant women and to high-risk children and their families.

(c)  Advocating for pregnant women and for children and their families.

(4)  SUPPORT SERVICES PRIOR TO PREGNANCY.--

(a)  Basic needs, such as food, clothing, and shelter.

(b)  Health education.

(c)  Family planning services, on a voluntary basis.

(d)  Counseling to promote a healthy, stable, and supportive family unit, to include, but not be limited to, financial planning, stress management, and educational planning.

(5)  MATERNITY AND NEWBORN SERVICES.--

(a)  Comprehensive prenatal care, accessible to all pregnant women and provided for high-risk pregnant women.

(b)  Adoption counseling for unmarried pregnant teenagers.

(c)  Nutrition services for high-risk pregnant women.

(d)  Perinatal intensive care.

(e)  Delivery services for high-risk pregnant women.

(f)  Postpartum care.

(g)  Nutrition services for lactating mothers of high-risk children.

(h)  A new mother information program at the birth site, to provide an informational brochure about immunizations, normal child development, abuse avoidance and appropriate parenting strategies, family planning, and community resources and support services for all parents of newborns and to schedule Medicaid-eligible infants for a health checkup.

(i)  Appropriate screenings, to include, but not be limited to, metabolic screening, sickle-cell screening, hearing screening, developmental screening, and categorical screening.

(j)  Followup family planning services for high-risk mothers and mothers of high-risk infants.

(6)  HEALTH AND NUTRITION SERVICES FOR PRESCHOOL CHILDREN.--

(a)  Preventive health services for all preschool children.

(b)  Nutrition services for all preschool children, including, but not limited to, the Child Care Food Program and the Special Supplemental Food Program for Women, Infants, and Children.

(c)  Medical care for seriously medically impaired preschool children.

(d)  Cost-effective quality health care alternatives for medically involved preschool children, in or near their homes.

(7)  EDUCATION, EARLY ASSISTANCE, AND RELATED SERVICES FOR HIGH-RISK CHILDREN AND THEIR FAMILIES.--

(a)  Early assistance, including, but not limited to, developmental assistance programs, parent support and training programs, and appropriate followup assistance services, for handicapped and high-risk infants and their families.

(b)  Special education and related services for handicapped children.

(c)  Education, early assistance, and related services for high-risk children.

(8)  SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS OF HIGH-RISK CHILDREN.--

(a)  Nonmedical prenatal and support services for pregnant teenagers and other high-risk pregnant women.

(b)  Child care and early childhood programs, including, but not limited to, subsidized child care, licensed nonsubsidized child care, family day care homes, therapeutic child care, Head Start, and preschool programs in public and private schools.

(c)  Parent education and counseling.

(d)  Transportation.

(e)  Respite care, homemaker care, crisis management, and other services that allow families of high-risk children to maintain and provide quality care to their children at home.

(f)  Parent support groups, such as the community resource mother or father program as established in s. 402.45, the Florida First Start Program as established in s. 230.2303, or parents as first teachers, to strengthen families and to enable families of high-risk children to better meet their needs.

(g)  Utilization of the elderly, either as volunteers or paid employees, to work with high-risk children.

(h)  Utilization of high school and postsecondary students as volunteers to work with high-risk children.

(9)  MANAGEMENT SYSTEMS AND PROCEDURES.--

(a)  Resource information systems on services and programs available for families.

(b)  Registry of high-risk newborns and newborns with birth defects, which utilizes privacy safeguards for children and parents who are subjects of the registry.

(c)  Local registry of preschoolers with high-risk or handicapping conditions, which utilizes privacy safeguards for children and parents who are subjects of the registry.

(d)  Information sharing system among the ¹Department of Health and Rehabilitative Services, the Department of Education, local education agencies, and other appropriate entities, on children eligible for services. Information may be shared when parental or guardian permission has been given for release.

(e)  Well-baby insurance for preschoolers included in the family policy coverage.

(f)  Evaluation, to include:

1.  Establishing child-centered and family-focused goals and objectives for each element of the continuum.

2.  Developing a system to report child and family outcomes and program effectiveness for each element of the continuum.

(g)  Planning for continuation of services, to include:

1.  Individual and family service plan by an interdisciplinary team, for the transition from birth or the earliest point of identification of a high-risk infant or toddler into an early assistance, preschool program for 3-year-olds or 4-year-olds, or other appropriate programs.

2.  Individual and family service plan by an interdisciplinary team, for the transition of a high-risk preschool child into a public or private school system.

History.--s. 1, ch. 89-379.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

411.204  Program evaluation design and conduct; independent third-party evaluation.--

(1)(a)  The Legislature finds that:

1.  In order to identify and eliminate any ineffective, unintended, and harmful effects of program implementation; to identify and sustain or enhance the effects of legislated change; and to justify the continuation or discontinuation of public funds for programs, it is desirable to have comprehensive, unbiased, and timely decision-oriented evaluation.

2.  Without a uniform evaluation design system, it would be impossible to permit the collection, aggregation, and analysis of data within, across, and among agencies, advisory structures, and field-oriented prototypes and related programs, in order to meaningfully evaluate program implementation. The uniform evaluation design system should also help ensure that pressures to prematurely measure project effects do not lead to goals, objectives, and strategies which may damage the sound development of prevention and early assistance strategies and programs most likely to help high-risk families.

(b)  The Legislature intends that:

1.  A uniform evaluation design system shall be jointly utilized by intraagency evaluators, prototype evaluators, project evaluators, and independent third-party evaluators to guide and coordinate the conduct of evaluations and technical assistance activities.

2.  Formative data collected from evaluations shall be available on a regular basis to program managers, agencies, relevant state and local advisory entities, field-based prototypes and projects, and third-party evaluators to help ensure the timely removal of bureaucratic and programmatic barriers and to empower state and local advisory panels, in order that they may review and advise on corrective actions and make judgments regarding how successfully identified problems are resolved.

3.  The design and conduct of such evaluations shall be consistent with national and state professional evaluation standards and with the intent expressed in this section.

4.  The design and conduct of such evaluations shall use existing data bases and information systems to the maximum extent possible.

(2)(a)  Intraagency and interagency evaluation activities shall be performed by internal evaluators within the Offices of Prevention, Early Assistance, and Child Development of the Department of Education and the ¹Department of Health and Rehabilitative Services as created by s. 411.222.

(b)  Major responsibilities for the evaluator in each such office shall include, but not be limited to, the following activities:

1.  Coordinating with other intraagency and interagency evaluators, evaluators of prototypes established pursuant to part III, and other related project evaluators, the State Coordinating Council for Early Childhood Services established pursuant to s. 411.222(4), and independent third-party evaluators.

2.  Facilitating and documenting intradepartmental and interdepartmental decisions and accomplishments, including, but not limited to, strategic planning, memoranda of interagency agreement, and the continuum of services.

3.  Assisting in the development of processes and criteria for decisionmaking and conflict resolution.

4.  Identifying and documenting problems which inhibit program implementation, and screening alternative solutions to those problems.

5.  Identifying and documenting unanticipated program benefits and problems.

6.  Providing technical assistance to related intraheadquarters and interheadquarters programs and field-based prototypes and related programs.

7.  Assisting in the design and implementation of timely, unbiased, decision-oriented mechanisms for identifying and bridging jurisdictional lines within and across agencies to address the needs of high-risk children and their families.

8.  Developing processes for the clearinghouses established pursuant to s. 411.222, to ensure that judgments and decisions regarding exemplary, effective programs and services are based upon an accumulation and analysis of available quantitative and qualitative evaluation evidence, the experience of practitioners, input from families of high-risk children, and consistency of such findings with other research and knowledge.

9.  Identifying processes for the clearinghouses to develop and utilize dissemination and diffusion mechanisms which ensure the exportability of exemplary and effective programs to new sites.

During the initial year of implementation, evaluation shall focus upon needs assessment and planning. During subsequent years, evaluation shall focus upon the development of solution alternatives, implementation of plans, and summative evaluation.

(3)  Prototypes established pursuant to part III shall utilize an internal evaluator to conduct evaluation activities to implement subparagraphs (2)(b)1.-7. and part III.

(4)  Other field-based programs for high-risk children and their families established either pursuant to this chapter or s. 230.2303, s. 402.27, s. 402.28, s. 402.45, or s. 402.47, or participating in the continuum, shall utilize the uniform evaluation design system specified in paragraph (1)(b) and in subsection (5).

(5)(a)  Consistent with the intent specified in subsection (1), by September 1, 1989, the Department of Education in cooperation with the ¹Department of Health and Rehabilitative Services shall contract for the development and implementation of an independent third-party uniform evaluation design system and for evaluation of program implementation which shall be consistent with the uniform evaluation design system.

(b)  The Department of Education in cooperation with the ¹Department of Health and Rehabilitative Services shall contract with one or more entities to develop the uniform evaluation design system and conduct the evaluation. Contract decisions shall be determined at the earliest possible time to ensure the integrity and utility of evaluation-related data.

(c)  The uniform evaluation design system shall include, but not be limited to, the following:

1.  Activities and programs related to intraagency and interagency coordination and to the State Coordinating Council for Early Childhood Services established pursuant to s. 411.222.

2.  Evaluation of the management systems and procedures for the continuum as set forth in s. 411.203(9)(f).

3.  Activities and prototypes related to comprehensive services for high-risk infants and toddlers and their families as specified in part III.

4.  Program evaluation of ss. 230.2303, 402.27, 402.28, 402.45, and 402.47 and other programs directly related to the intent of this chapter.

Such evaluation design system shall be based upon the achievement of desired outcomes resulting from prevention or early intervention efforts.

(d)  The independent third-party evaluators shall utilize data and evaluation findings provided through intraagency, interagency, prototype, and field-based project evaluations, in addition to other data which they shall independently collect. Evaluation reports shall include, but not be limited to, the following:

1.  Analyses of the nature and effectiveness of intraagency and interagency activities required by this chapter, of the State Coordinating Council for Early Childhood Services, of prototypes established pursuant to part III and of other field-based programs and operations as specified in subparagraph (c)4.

2.  Analyses of the nature and effectiveness of the development, revisions, and use of the continuum of comprehensive services, of strategic planning, of clearinghouse operations, and of the memorandum of interagency agreement.

3.  Formative and summative evaluations which shall ensure that the Legislature and agency heads make decisions consistent with the provisions of paragraph (1)(a). Such evaluations shall include, but not be limited to, design effectiveness; effectiveness of each delivery system; participant outcomes as specified in the evaluation design; cost-effectiveness and estimates of future savings; assessments of the use of resources; of administrative and governance structures; of policies and procedures; of staff qualifications; of programmatic methodologies; of evaluation methodologies; and of the quality and effectiveness of the programs delivered to high-risk children and their families.

History.--s. 1, ch. 89-379; s. 82, ch. 92-142.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

411.205  Rules.--The ¹Department of Health and Rehabilitative Services and the State Board of Education shall adopt rules necessary for the implementation of this chapter.

History.--s. 1, ch. 89-379.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

411.22  Legislative intent.

411.221  Prevention and early assistance strategic plan; agency responsibilities.

411.222  Intraagency and interagency coordination; creation of offices; responsibilities; memorandum of agreement; creation of coordinating council; responsibilities.

411.223  Uniform standards.

411.224  Family support planning process.

411.22  Legislative intent.--The Legislature finds and declares that 50 percent of handicapping conditions in young children can be prevented, and such conditions which are not prevented can be minimized by focusing prevention efforts on high-risk pregnant women and on high-risk and handicapped preschool children and their families. The Legislature further finds that by preventing handicaps in preschool children, infant mortality and child abuse can be reduced and this state can reap substantial savings in both human potential and state funds. The Legislature finds that infant mortality, handicapping conditions in young children, and other health problems for infants and mothers are associated with teenage pregnancy and that the prevention of sexual activity and unwanted teenage pregnancy can reduce the number of at-risk children, while increasing human potential and reducing the cost of health care. The Legislature further finds that a continuum of integrated services is needed to identify, diagnose, and treat high-risk conditions in pregnant women and in preschool children. The Legislature finds that intraagency and interagency coordination can enhance the framework of a continuum that is already in existence and that coordination of public sector and private sector prevention services can reduce infant mortality and handicapping conditions in preschool children and minimize the effects of handicapping conditions. It is the intent of the Legislature, therefore, that a continuum of efficient and cost-effective prevention and early assistance services be identified, that a plan for intraagency and interagency coordination be developed for the purpose of implementing such a continuum, and that the continuum of services be implemented as resources are made available for such implementation.

History.--s. 2, ch. 89-379; s. 8, ch. 90-358.

411.221  Prevention and early assistance strategic plan; agency responsibilities.--

(1)  The ¹Department of Health and Rehabilitative Services and the Department of Education shall prepare a joint strategic plan relating to prevention and early assistance, which shall include, but not be limited to, the following:

(a)  Identification of the department which has the responsibility for each program area described in the continuum.

(b)  Identification of the unit within each department which has responsibility for each program area described in the continuum.

(c)  Identification of the unit which has responsibility for coordination, monitoring, and implementation, as described in subsection (4).

(d)  Identification of existing continuum programs on an intraagency and interagency basis.

(e)  Identification of strategies for coordination of services on both an intraagency and interagency basis and a description of the progress of implementation of strategies.

(f)  Identification of strategies for reducing duplication of services on both an intraagency and interagency basis and a description of progress of those strategies in reduction of duplication.

(g)  Identification of activities for coordination and integration of prevention and early assistance services with state agencies other than the Department of Education or the ¹Department of Health and Rehabilitative Services.

(h)  Identification of activities for coordination and integration of prevention and early assistance services at the district and local levels and strategies for public and private partnerships in the provision of the continuum of services.

(i)  Recommendations for implementation of the continuum of comprehensive services, including, but not limited to, the schedule for implementation of components.

(j)  Identification of barriers impacting implementation of components of the continuum of services.

(k)  Proposed changes to the continuum of services.

(l)  Identification of methods of comparing program and child and family outcomes and identification of standardized reporting procedures to enhance data collection and analysis on an intraagency and interagency basis.

(m)  Recommendations, if any, for legislative, administrative, or budgetary changes. Budgetary changes shall include recommendations regarding the development by the ¹Department of Health and Rehabilitative Services and the Department of Education of a unified program budget for all prevention and early assistance services to high-risk pregnant women and to high-risk preschool children and their families. Such budget recommendations shall be consistent with the goals of the joint strategic plan and with the continuum of comprehensive services.

(2)  The strategic plan and subsequent plan revisions shall incorporate and otherwise utilize, to the fullest extent possible, the evaluation findings and recommendations from intraagency, independent third-party, field projects, and auditor general evaluations, as well as the recommendations of the State Coordinating Council for Early Childhood Services.

(3)  The ¹Department of Health and Rehabilitative Services and the Department of Education shall present the joint strategic plan as described in this section to the President of the Senate, the Speaker of the House of Representatives, and the Governor by January 1, 1991. At least biennially, the ¹Department of Health and Rehabilitative Services and the Department of Education shall readdress the joint strategic plan submitted pursuant to this section and make necessary revisions. The revised plan shall be submitted to the Governor, the Speaker of the House of Representatives, and the President of the Senate no later than January 1, 1993, and by January 1 of alternate years thereafter.

(4)  The ¹Department of Health and Rehabilitative Services and the Department of Education shall establish an Office of Prevention, Early Assistance, and Child Development, pursuant to s. 411.222, within each respective department. Each office shall have intraagency responsibilities for developing the strategic plan and for coordinating and ongoing monitoring of the implementation of the continuum. Interagency responsibilities shall include coordination in the analysis and implementation of the continuum.

(5)  There is established an interagency coordinating council to advise the ¹Department of Health and Rehabilitative Services, the Department of Education, and other state agencies in the development of the joint strategic plan and to monitor the development of the plan. For the purpose of carrying out its responsibilities, the interagency coordinating council shall have access to statistical information, budget documents, and workpapers developed by the ¹Department of Health and Rehabilitative Services and the Department of Education in preparing the joint strategic plan. The interagency coordinating council shall advise the appropriate substantive committees of the Senate and House of Representatives, and the Office of the Governor, on the progress of activities required in this chapter.

History.--s. 2, ch. 89-379; s. 17, ch. 94-154; s. 6, ch. 97-98.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

411.222  Intraagency and interagency coordination; creation of offices; responsibilities; memorandum of agreement; creation of coordinating council; responsibilities.--

(1)  DEPARTMENT OF EDUCATION.--There is created within the Department of Education an Office of Prevention, Early Assistance, and Child Development for the purpose of intraagency and interagency planning, policy, and program development and coordination to enhance existing programs and services and to develop new programs and services for high-risk children and their families. The Department of Education, as the designated lead agency for administration of part H of Pub. L. No. 99-457, shall assign primary responsibility for implementation of part H to the Office of Prevention, Early Assistance, and Child Development.

(a)  Intraagency responsibilities.--

1.  Assure planning, policy, and program coordination in programs serving high-risk children and their families, including, but not limited to:

a.  Preschool programs for children of migrant farm workers.

b.  Preschool programs for handicapped children.

c.  Prekindergarten Early Intervention Program.

d.  Florida First Start Program.

e.  Preschool programs for educationally disadvantaged children funded through federal funds, such as Head Start and chapter I of Pub. L. No. 97-35, when applicable.

f.  Programs for teen parents and their children.

g.  Programs for preventing sexual activity and teenage pregnancy.

h.  Food services for preschool and child care programs.

i.  Transportation for programs serving preschool children.

j.  Facilities for programs serving preschool children.

k.  School volunteer programs serving preschool children.

l.  Support services, including social work and school health services for preschool children.

m.  Parent education, child care courses, and child care laboratories in high schools and vocational-technical centers.

2.  Serve as clearinghouse for the collection and dissemination of information relating to programs and services for high-risk children and their families, including model and exemplary programs that have demonstrated effectiveness and beneficial outcomes.

3.  Develop publications, including, but not limited to, directories, newsletters, public awareness documents, and other resource materials which assist agencies, programs, and families in meeting the needs of the high-risk population.

4.  Provide technical assistance at the request of agencies, programs, and services.

5.  Disseminate information regarding the availability of federal, state, and private grants which target high-risk children and their families.

6.  Perform duties relating to the joint strategic plan as specified in s. 411.221.

(b)  Interagency responsibilities.--

1.  Perform the joint functions related to the joint strategic plan as specified in s. 411.221.

2.  Prepare jointly with the ¹Department of Health and Rehabilitative Services a memorandum of agreement pursuant to this section, or other cooperative agreements necessary to implement the requirements of this chapter.

3.  Develop, in collaboration with the ¹Department of Health and Rehabilitative Services, and recommend to the State Board of Education, rules necessary to implement this chapter.

4.  Perform the responsibilities enumerated in subparagraphs (a)2.-5. on a statewide basis in conjunction with the Office of Prevention, Early Assistance, and Child Development within the ¹Department of Health and Rehabilitative Services.

(2)  ¹DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES.--There is created within the ¹Department of Health and Rehabilitative Services an Office of Prevention, Early Assistance, and Child Development for the purpose of intraagency and interagency planning, policy, and program development and coordination to enhance existing programs and services and to develop new programs and services for high-risk pregnant women and for high-risk preschool children and their families.

(a)  Intraagency responsibilities.--

1.  Assure planning, policy, and program coordination in programs serving high-risk pregnant women and high-risk preschool children and their families, within the following offices of the ¹Department of Health and Rehabilitative Services:

a.  Alcohol, Drug Abuse, and Mental Health.

b.  ²Children's Medical Services.

c.  Children, Youth, and Families.

d.  Developmental Services.

e.  Economic Services.

f.  Health.

g.  Medicaid.

2.  Assure planning, policy, and program coordination in the following interprogram areas:

a.  Transportation.

b.  Migrant and refugee services.

c.  Volunteer services.

d.  Child abuse and neglect prevention, early intervention, and treatment.

e.  Chapter I of Pub. L. No. 97-35.

3.  Ensure, within available resources, the implementation of the continuum of comprehensive services in the service districts.

4.  Serve as clearinghouse for the collection and dissemination of information relating to programs and services for high-risk pregnant women and for high-risk preschool children and their families, and programs aimed at preventing sexual activity and teenage pregnancy, including model and exemplary programs that have demonstrated effectiveness and beneficial outcomes.

5.  Develop publications, including, but not limited to, directories, newsletters, public awareness documents, and other resource materials which assist agencies, programs, and families in meeting the needs of the high-risk population.

6.  Provide technical assistance at the request of program offices, service districts, providers, advisory councils, and advocacy groups, and other agencies or entities with which the ¹Department of Health and Rehabilitative Services has contracts or cooperative agreements.

7.  Disseminate information regarding the availability of federal, state, and private grants which target teenagers at risk of pregnancy, high-risk pregnant women, and high-risk preschool children and their families.

8.  Perform duties relating to the joint strategic plan as specified in s. 411.221.

(b)  Interagency responsibilities.--

1.  Perform the joint functions related to the joint strategic plan as specified in s. 411.221.

2.  Prepare jointly with the Department of Education a memorandum of agreement pursuant to this section, or other cooperative agreements necessary to implement the requirements of this chapter.

3.  Develop, in collaboration with the Department of Education, rules necessary to implement this chapter.

4.  Perform the responsibilities enumerated in subparagraphs (a)4.-7. on a statewide basis in conjunction with the Office of Prevention, Early Assistance, and Child Development within the Department of Education.

5.  Subject to appropriation, develop and implement a program of parenting workshops to assist and counsel the parents or guardians of students having disciplinary problems. These workshops should be made available to all families of students who have disciplinary problems. The department may provide these services directly or may enter into contracts with school districts for the provision of these services.

(3)  MEMORANDUM OF INTERAGENCY AGREEMENT.--

(a)  The Commissioner of Education and the Secretary of ¹Health and Rehabilitative Services shall prepare a joint memorandum of interagency agreement to implement the provisions of this chapter, which shall include, but not be limited to, the following:

1.  Designation of staff responsible for interagency and intraagency planning and coordination.

2.  Description of staff roles and responsibilities regarding interagency coordination.

3.  Delineation of the relationships between the departments' respective advisory councils, commissions, committees, and task forces addressing the needs of high-risk children and their families.

4.  Procedures for conflict resolution.

5.  Procedures for reviewing, amending, and renewing the memorandum of interagency agreement.

6.  Procedures for interagency evaluation coordination.

(b)  On or before January 1, 1990, the Commissioner of Education and the Secretary of ¹Health and Rehabilitative Services shall jointly submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a copy of the signed memorandum of interagency agreement.

(4)  STATE COORDINATING COUNCIL FOR EARLY CHILDHOOD SERVICES.--

(a)  Creation; intent.--The State Coordinating Council for Early Childhood Services is hereby created to ensure coordination among the various agencies and programs serving preschool children in order to support school districts' efforts to achieve the first state education goal, readiness to start school; to facilitate communication, cooperation, and maximum use of resources; and to promote high standards for all programs serving preschool children in Florida. It is the intent of the Legislature that the coordinating council shall be an independent nonpartisan body and shall not be identified or affiliated with any one agency, program, or group.

(b)  Membership.--The council shall be composed of 30 members to be appointed as follows:

1.  The Governor shall appoint five members to the council, one of whom shall represent an agency serving high-risk preschool children, one of whom shall represent the effort to prevent developmental disabilities, one of whom shall represent local social services agencies, one of whom shall represent the business community, and one of whom shall be a parent of a preschool child enrolled in a child care, preschool, or prekindergarten program.

2.  The Commissioner of Education shall appoint eight members to the council, one of whom shall represent public school administrators, one of whom shall represent persons serving preschool children in public school programs, one of whom shall represent an independent advocacy group, one of whom shall represent a professional organization serving preschool children and their families, one of whom shall be a parent of a handicapped or high-risk preschool child, one of whom shall represent groups providing training leading to a certificate, credential, or degree in early childhood education, one of whom shall have expertise in program evaluation, and one of whom shall be a teacher or counselor who specializes in the prevention of teenage sexual activity and pregnancy prevention programs.

3.  The Secretary of ¹Health and Rehabilitative Services shall appoint nine members to the council, one of whom shall represent state-subsidized child care providers, one of whom shall represent child care providers who are not state-subsidized, one of whom shall represent public health services, one of whom shall represent pediatric health care, one of whom shall have expertise in developmental assessments, one of whom shall be a private provider of services for high-risk preschool children, one of whom shall be a parent of a preschool child enrolled in a child care, family day care, preschool, or prekindergarten program, one of whom shall have specific expertise in prenatal and maternal health, and one of whom shall represent a program designed to prevent teenage sexual activity and pregnancy.

4.  The President of the Senate shall appoint four members to the council, one of whom shall represent Head Start programs, one of whom shall represent programs of parent education serving families of infants and preschool children, one of whom shall represent programs for children of migrant farm workers, and one of whom shall be the parent of a high-risk or handicapped preschool child.

5.  The Speaker of the House of Representatives shall appoint four members to the council, one of whom shall represent programs for handicapped preschool children in the public schools, one of whom shall represent community action groups, one of whom shall represent business-education and business-child care partnerships, and one of whom shall be a parent of a preschool child enrolled in a child care, preschool, or prekindergarten program.

(c)  Terms.--Each appointing authority in paragraph (b) shall appoint one member for a term of 1 year, one member for a term of 2 years, and all remaining members for a term of 3 years. Thereafter, all members shall be appointed to serve a term of 3 years. No member shall serve more than two consecutive terms.

(d)  Organization.--

1.  The council shall adopt internal organizational procedures or bylaws necessary for efficient operation of the council. The council may establish committees which shall be given responsibility for conducting specific council programs and activities. Council bylaws shall include duties of officers, a process for selecting officers, duties of committees, quorum requirements for committees, provisions for special or ad hoc committees, and policies for council staff. The Commissioner of Education and the Secretary of ¹Health and Rehabilitative Services shall designate staff of their Offices of Prevention, Early Intervention, and Child Development to assist the council in performing its duties and responsibilities.

2.  The council shall have a budget and shall be financed through an annual appropriation made for this purpose in the General Appropriations Act. Council members shall be entitled to receive per diem and expenses for travel, as provided in s. 112.061, while carrying out official business of the council. When appropriate, parent representatives shall receive a stipend for child care costs incurred while attending council meetings. For administrative purposes only, the council shall be assigned to the Department of Education for the fiscal years beginning in an odd year and to the ¹Department of Health and Rehabilitative Services for the fiscal years beginning in an even year.

3.  The council shall meet and conduct business at least quarterly. At least biannually, the council shall meet jointly with the Florida Interagency Coordinating Council for Infants and Toddlers, required pursuant to 20 U.S.C. s. 1474, Education of the Handicapped, to coordinate the development of the statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for handicapped infants and toddlers and their families. At such time as the Florida Interagency Coordinating Council for Infants and Toddlers is no longer required in order for the state to meet the provisions of 20 U.S.C. s. 1474, Education of the Handicapped, said council shall be disbanded and its duties shall be assumed by the State Coordinating Council for Early Childhood Services.

4.  Quarterly meetings of the coordinating council shall be open to the public and opportunity for public comment shall be made available at each such meeting. The staff of the coordinating council shall notify all persons who request such notice as to the date, time, and place of each quarterly meeting.

(e)  Duties.--The council shall recommend to the Governor, Commissioner of Education, Secretary of ¹Health and Rehabilitative Services, President of the Senate, and Speaker of the House of Representatives methods for coordinating the various agencies, public and private programs, entities serving preschool children and their families, and organizations representing teenage pregnancy prevention programs, and procedures to facilitate communication, cooperation, and maximum use of resources to enable school districts to achieve the first state education goal, readiness to start school. The council shall be advised as to the development of the statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for handicapped infants and toddlers and their families required pursuant to 20 U.S.C. s. 1474, Education of the Handicapped. Further, the council shall:

1.  Serve as interagency coordinating council for monitoring of the joint strategic plan as required by s. 411.221.

2.  Advise the Department of Education and the ¹Department of Health and Rehabilitative Services concerning standards, rules, rule revisions, agency guidelines, and administration and enforcement affecting child care facilities, family day care homes, prekindergarten early intervention programs, preschool programs for handicapped and migrant children, programs for handicapped and high-risk infants and toddlers, and other programs and services for preschool children and their families.

3.  Advise the Department of Education and the ¹Department of Health and Rehabilitative Services concerning criteria for grant guidelines, plan and proposal review, and eligibility for services for programs serving preschool children.

4.  Review preservice and inservice training programs and graduate programs for personnel of child care programs, prekindergarten early intervention programs, preschool programs for handicapped and migrant children, programs for handicapped and high-risk infants and toddlers, and other early childhood programs and services for preschool children and their families. Advise the departments regarding needed improvements and revisions in training requirements and the content of training programs, including programs offered by school districts, the ¹Department of Health and Rehabilitative Services, community colleges, and universities.

5.  Recommend methods to increase public-private partnership involvement in services for preschool children, to maximize federal funding availability, and for effective use of available resources through cooperative funding and coordinated services.

6.  Recommend legislation, when needed, affecting child care facilities, prekindergarten early intervention programs, preschool programs for handicapped and migrant children, programs for handicapped and high-risk infants and toddlers, and other programs and services for preschool children and their families.

7.  Advise the Commissioner of Education and the Secretary of ¹Health and Rehabilitative Services regarding issues and trends in early childhood services, the identification of programs providing high-quality services for preschool children, and the dissemination of information about these programs.

8.  Advise the Department of Education and the ¹Department of Health and Rehabilitative Services concerning standards, rules, rule revisions, and agency guidelines affecting school curriculum, health services, family planning services, and other programs and services designed to prevent teenage pregnancy.

9.  Review preservice and inservice training programs for teachers, counselors, and other persons who teach comprehensive health education, the benefits of sexual abstinence, the consequences of teenage pregnancy, reproductive health, interpersonal skills, life management skills, science, decisionmaking, self-concept building skills, or any other course designed to prevent teenage pregnancy.

10.  Recommend methods to increase parental and community involvement in teenage pregnancy prevention and to use effectively available resources through cooperative funding and coordinated services.

11.  Recommend legislation, when needed, to reduce teenage pregnancy, including programs in the areas of health care and education and programs directed at teenage parents.

12.  Advise the respective Offices of Prevention, Early Assistance, and Child Development on the need for, and the nature of, technical assistance and on ways to enhance the offices' roles in intraagency and interagency coordination.

13.  Conduct onsite visitation and provide technical assistance to programs.

14.  Review procedures for prototype selection, monitoring, technical assistance, and evaluation and make recommendations for change.

(f)  Reporting requirements.--

1.  The council shall submit by March 1, 1991, to the Governor, the Commissioner of Education, the Secretary of ¹Health and Rehabilitative Services, the President of the Senate, and the Speaker of the House of Representatives, a report including recommendations regarding methods and procedures for promoting coordination among agencies and programs serving preschool children and their families and recommendations regarding methods and procedures for promoting coordination among agencies and programs designed to reduce teenage pregnancy. Thereafter, the council shall report by March 1 of each year on the progress the state is making toward coordination and the status of services for preschool children and teenagers at risk of pregnancy in the state and shall recommend needed changes and improvements.

2.  The council shall submit copies of all reports and formal recommendations as required by this subsection to the appropriate substantive committees and appropriations subcommittees of the respective houses.

History.--ss. 2, 14, ch. 89-379; s. 9, ch. 90-358; s. 5, ch. 91-429; s. 14, ch. 94-124; s. 121, ch. 94-209; s. 7, ch. 97-98.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

²Note.--Section 6(2), ch. 96-403, transfers all existing legal authorities and actions of the Children's Medical Services program, except for child protection and sexual abuse treatment teams established in chapter 415, to the Department of Health, Division of Children's Medical Services.

411.223  Uniform standards.--

(1)  The ¹Department of Health and Rehabilitative Services, in consultation with the Department of Education, shall establish a minimum set of procedures for each preschool child who receives preventive health care with state funds. Preventive health care services shall meet the minimum standards established by federal law for the Early Periodic Screening, Diagnosis, and Treatment Program and shall provide guidance on screening instruments which are appropriate for identifying health risks and handicapping conditions in preschool children.

(2)  Duplicative diagnostic and planning practices shall be eliminated to the extent possible. Diagnostic and other information necessary to provide quality services to high-risk or handicapped children shall be shared among the program offices of the ¹Department of Health and Rehabilitative Services, pursuant to the provisions of s. 228.093.

History.--s. 2, ch. 89-379.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

411.224  Family support planning process.--The Legislature establishes a family support planning process to be used by the ¹Department of Health and Rehabilitative Services as the service planning process for targeted individuals, children, and families under its purview.

(1)  The Department of Education shall take all appropriate and necessary steps to encourage and facilitate the implementation of the family support planning process for individuals, children, and families within its purview.

(2)  To the extent possible within existing resources, the following populations must be included in the family support planning process:

(a)  Children from birth to age 5 who are served by the clinic and programs of the ²Children's Medical Services Program Office of the ¹Department of Health and Rehabilitative Services.

(b)  Children participating in the developmental evaluation and intervention program of the ²Children's Medical Services Program Office of the ¹Department of Health and Rehabilitative Services.

(c)  Children from birth through age 5 who are served by the Developmental Services Program Office of the ¹Department of Health and Rehabilitative Services.

(d)  Children from birth through age 5 who are served by the Alcohol, Drug Abuse, and Mental Health Program Office of the ¹Department of Health and Rehabilitative Services.

(e)  Participants who are served by the Children's Early Investment Program established in s. 411.232.

(f)  Healthy Start participants in need of ongoing service coordination.

(g)  Children from birth through age 5 who are served by the voluntary family services, protective supervision, foster care, or adoption and related services programs of the Children and Family Services Program Office of the ¹Department of Health and Rehabilitative Services, and who are eligible for ongoing services from one or more other programs or agencies that participate in family support planning; however, children served by the voluntary family services program, where the planned length of intervention is 30 days or less, are excluded from this population.

(3)  When individuals included in the target population are served by Head Start, local education agencies, or other prevention and early intervention programs, providers must be notified and efforts made to facilitate the concerned agency's participation in family support planning.

(4)  Local education agencies are encouraged to use a family support planning process for children from birth through 5 years of age who are served by the prekindergarten program for children with disabilities, in lieu of the Individual Education Plan.

(5)  There must be only a single-family support plan to address the problems of the various family members unless the family requests that an individual family support plan be developed for different members of that family. The family support plan must replace individual habilitation plans for children from birth through 5 years old who are served by the Developmental Services Program Office of the ¹Department of Health and Rehabilitative Services. To the extent possible, the family support plan must replace other case-planning forms used by the ¹Department of Health and Rehabilitative Services.

(6)  The family support plan at a minimum must include the following information:

(a)  The family's statement of family concerns, priorities, and resources.

(b)  Information related to the health, educational, economic and social needs, and overall development of the individual and the family.

(c)  The outcomes that the plan is intended to achieve.

(d)  Identification of the resources and services to achieve each outcome projected in the plan. These resources and services are to be provided based on availability and funding.

(7)  A family support plan meeting must be held with the family to initially develop the family support plan and annually thereafter to update the plan as necessary. The family includes anyone who has an integral role in the life of the individual or child as identified by the individual or family. The family support plan must be reviewed periodically during the year, at least at 6-month intervals, to modify and update the plan as needed. Such periodic reviews do not require a family support plan team meeting but may be accomplished through other means such as a case file review and telephone conference with the family.

(8)  The initial family support plan must be developed within a 90-day period. If exceptional circumstances make it impossible to complete the evaluation activities and to hold the initial family support plan team meeting within a reasonable time period, these circumstances must be documented, and the individual or family must be notified of the reason for the delay. With the agreement of the family and the provider, services for which either the individual or the family is eligible may be initiated before the completion of the evaluation activities and the family support plan.

(9)  The ¹Department of Health and Rehabilitative Services and the Department of Education, to the extent that funds are available, must offer technical assistance to communities to facilitate the implementation of the family support plan.

(10)  The ¹Department of Health and Rehabilitative Services must implement the family support planning process for all individuals, children, and their families in the target population no later than September 30, 1995.

(11)  The ¹Department of Health and Rehabilitative Services and the Department of Education shall adopt rules necessary to implement this act.

History.--s. 7, ch. 93-143.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

²Note.--Section 5, ch. 96-403, deletes all references to "Children's Medical Services Program Office" from s. 20.19.

411.23  Short title.

411.231  Legislative intent; purpose.

411.232  Children's Early Investment Program.

411.23  Short title.--Sections 411.23-411.232 may be cited as the "Children's Early Investment Act."

History.--s. 3, ch. 89-379.

411.231  Legislative intent; purpose.--The Legislature recognizes the need for and value of intensive, comprehensive, integrated, and continuous services statewide for young children who are at risk of developmental dysfunction or delay. For the purposes of the Children's Early Investment Program, the term "young children" includes infants, 1-year-olds, and 2-year-olds. The Legislature supports intensive and comprehensive supportive programs and services being directed to expectant mothers and young children who, because of economic, social, environmental, or health factors need such services to enhance their development. The Legislature recognizes that children are part of families and that lasting effects on children can occur most productively when there is investment in and with families. The participants in the Children's Early Investment Program shall receive priority consideration for needed services, including prenatal care; health services to mothers and their young children; child care; alcohol and drug abuse treatment services; and economic support and training services. It is the intent of the Legislature that programs and services that will enhance a child's physical, social, emotional, and intellectual development and provide support to parents and other family members be provided initially to geographic areas where the expectant mothers and young children are at great risk and that these programs and services ultimately be available statewide to all children and families who need them. These programs and services must be offered and coordinated by persons who have adequate time, skill, and resources to work with participants in a meaningful and effective manner.

History.--s. 3, ch. 89-379.

411.232  Children's Early Investment Program.--

(1)  CREATION.--There is hereby created the Children's Early Investment Program for young children who are at risk of developmental dysfunction or delay and for their families. This program shall coordinate a variety of resources to program participants through a responsible agent for the child and the child's family. The services and assistance provided shall focus on the family and shall be comprehensive. The programs and services offered shall enhance family independence and shall provide social and educational resources needed for healthy child development.

(2)  GOALS.--The goal of the Children's Early Investment Program is to encourage and assist an effective investment strategy for the at-risk young children in this state and their families so that they will develop into healthy and productive members of society. The Children's Early Investment Program is designed to provide intensive early intervention to at-risk expectant mothers, young children, and their families in order that this state will invest now for a future in which the workforce is skilled and stable; in which crime rates are reduced; and in which the social and economic costs of high-risk pregnancies and low birthweight babies are reduced. The objectives of the Children's Early Investment Program are to increase the percentage of children entering the school system who are ready and able to learn; to reduce teenage pregnancies among this at-risk population; to reduce the numbers of cocaine babies born in this state; to reduce the crime rate among these children as they grow up; to reduce the rate of school dropouts in this state and to increase the basic skills and ability of the future workforce. It is anticipated the efforts targeted now to expectant mothers and young children will show their greatest results in the years when these at-risk children enter school and when they are teenagers and young adults. Benefits are also anticipated, however, as the families of these children are assisted in addressing their own needs, and corresponding reductions in foster care placements, low birthweight babies, teen pregnancy, economic instability and dependence, and other signs of dysfunction are anticipated.

(3)  ESSENTIAL ELEMENTS.--

(a)  Initially, the program shall be directed to geographic areas where at-risk young children and their families are in greatest need because of an unfavorable combination of economic, social, environmental, and health factors, including, without limitation, extensive poverty, high crime rate, great incidence of low birthweight babies, high incidence of alcohol and drug abuse, and high rates of teenage pregnancy. The selection of a geographic site shall also consider the incidence of young children within these at-risk geographic areas who are cocaine babies, children of mothers who participate in the WAGES Program, children of teenage parents, low birthweight babies, and very young foster children. To receive funding under this section, an agency, board, council, or provider must demonstrate:

1.  Its capacity to administer and coordinate the programs and services in a comprehensive manner and provide a flexible range of services;

2.  Its capacity to identify and serve those children least able to access existing programs and case management services;

3.  Its capacity to administer and coordinate the programs and services in an intensive and continuous manner;

4.  The proximity of its facilities to young children, parents, and other family members to be served by the program, or its ability to provide offsite services;

5.  Its ability to use existing federal, state, and local governmental programs and services in implementing the investment program;

6.  Its ability to coordinate activities and services with existing public and private, state and local agencies and programs such as those responsible for health, education, social support, mental health, child care, respite care, housing, transportation, alcohol and drug abuse treatment and prevention, income assistance, employment training and placement, nutrition, and other relevant services, all the foregoing intended to assist children and families at risk;

7.  How its plan will involve project participants and community representatives in the planning and operation of the investment program;

8.  Its ability to participate in the evaluation component required in this section; and

9.  Its consistency with the strategic plan pursuant to s. 411.221.

(b)  While a flexible range of services is essential in the implementation of this act, the following services shall be considered the core group of services:

1.  Adequate prenatal care;

2.  Health services to the at-risk young children and their families;

3.  Infant and child care services;

4.  Parenting skills training;

5.  Education or training opportunities appropriate for the family; and

6.  Economic support.

Additional services may include, without limitation, alcohol and drug abuse treatment, mental health services, housing assistance, transportation, and nutrition services.

(4)  IMPLEMENTATION.--

(a)  The ¹Department of Health and Rehabilitative Services or its designee shall implement the Children's Early Investment Program using the criteria provided in this section. The department or its designee shall evaluate and select the programs and sites to be funded initially. The initial contract awards must be made no later than January 15, 1990. No more than one of each of the following prototypes may be selected among the first sites to be funded:

1.  A program based in a county health department;

2.  A program based in an office of the ¹Department of Health and Rehabilitative Services;

3.  A program based in a local school district;

4.  A program based in a local board or council that is responsible for coordinating and managing community resources from revenue sources earmarked for helping children and meeting their needs;

5.  A program based in a local, public or private, not-for-profit provider of services to children and their families; and

6.  A program based in a local government.

(b)  By January 1, 1993, the Children's Early Investment Program shall be available in all communities meeting the criteria in paragraph (3)(a) of this section. While the program will serve at-risk children at various ages, it is intended that the program will identify and expand to infants and their families as new participants and assist them in an intensive and continuous manner until age 3.

(5)  EVALUATION.--There shall be an independent third-party evaluation of the prototypes as specified in s. 411.204. The contract for the third-party evaluation shall be entered into pursuant to s. 411.204 prior to the prototype selection to ensure integrity of the evaluation design, ongoing monitoring and periodic review of progress, and a timely, comprehensive evaluation report. The evaluation shall be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, and appropriate substantive committees and subcommittees of the Legislature by January 1, 1991, and biennially thereafter. The first longitudinal report on participant outcomes shall be due by January 1, 1995, or 5 years after the startup of the prototypes, whichever is later.

(6)  RULES FOR IMPLEMENTATION.--The ¹Department of Health and Rehabilitative Services shall adopt rules necessary to implement this section.

History.--s. 3, ch. 89-379; s. 100, ch. 96-175; s. 204, ch. 97-101.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

411.24  Short title.

411.241  Legislative intent.

411.242  Florida Education Now and Babies Later (ENABL) program.

411.243  Teen Pregnancy Prevention Community Initiative.

411.24  Short title.--This part may be cited as the "Florida Education Now and Babies Later (ENABL) Act."

History.--s. 2, ch. 95-321.

411.241  Legislative intent.--The Legislature finds and declares that childhood pregnancies continue to be a serious problem in the state. Therefore, the Legislature intends to establish, through a public-private partnership, a program to encourage children to abstain from sexual activity.

History.--s. 2, ch. 95-321.

411.242  Florida Education Now and Babies Later (ENABL) program.--

(1)  CREATION.--There is hereby created the Florida Education Now and Babies Later (ENABL) program for children and their families, with the goal of reducing the incidence of childhood pregnancies in this state by encouraging children to abstain from sexual activities. This program must provide a multifaceted, primary prevention, community health promotion approach to educating and supporting children in the decision to abstain from sexual involvement. The ¹Department of Health and Rehabilitative Services, in consultation with the Department of Education, Florida State University, and other appropriate agencies or associations, shall develop, implement, and administer the ENABL program.

(2)  GOALS.--The goal of the ENABL program is to encourage and assist boys and girls in this state to decide to abstain from engaging in sexual activity. The ENABL program is designed to reduce the incidence of childhood pregnancies; to increase the percentage of children graduating from school and becoming more productive citizens; to reduce the numbers of cocaine babies born in this state; to reduce the crime rate among these children as they grow up; to reduce the rate of school dropouts in this state; and to increase the basic skills and ability of the future workforce.

(3)  ESSENTIAL ELEMENTS.--

(a)  The ENABL program should be directed to geographic areas in the state where the childhood birth rate is higher than the state average and where the children and their families are in greatest need because of an unfavorable combination of economic, social, environmental, and health factors, including, without limitation, extensive poverty, high crime rate, great incidence of low birthweight babies, high incidence of alcohol and drug abuse, and high rates of childhood pregnancy. The selection of a geographic site shall also consider the incidence of young children within these at-risk geographic areas who are cocaine babies, children of mothers who participate in the WAGES Program, children of teenage parents, low birthweight babies, and very young foster children. To receive funding under this section, a community-based local contractor must demonstrate:

1.  Its capacity to administer and coordinate the ENABL pregnancy prevention public education program and services for children and their families in a comprehensive manner and to provide a flexible range of age-appropriate educational services.

2.  Its capacity to identify and serve those children least able to access existing pregnancy prevention public education programs.

3.  Its capacity to administer and coordinate the ENABL programs and services in an intensive and continuous manner.

4.  The proximity of its program to young children, parents, and other family members to be served by the ENABL program, or its ability to provide offsite educational services.

5.  Its ability to incorporate existing federal, state, and local governmental educational programs and services in implementing the ENABL program.

6.  Its ability to coordinate its activities and educational services with existing public and private state and local agencies and programs, such as those responsible for health, education, social support, mental health, child care, respite care, housing, transportation, alcohol and drug abuse treatment and prevention, income assistance, employment training and placement, nutrition, and other relevant services, all of the foregoing intended to assist children and families at risk.

7.  How its plan will involve project participants and community representatives in the planning and operation of the ENABL program.

8.  Its ability to participate in the evaluation component required in this section.

9.  Its consistency with the strategic plan pursuant to s. 411.221.

10.  Its capacity to match state funding for the ENABL program at the rate of $1 in cash or in matching services for each dollar funded by the state.

(b)  Any child whose parent or guardian presents to the community-based local contractor a signed statement that the child's participation in the ENABL program conflicts with the parent's or guardian's religious beliefs shall be exempt from such instruction. No child so exempt shall be penalized by reason of such exemption.

(c)  While a flexible range of pregnancy prevention public education services is essential in the implementation of the ENABL program, the following educational services and activities must be considered essential core services to be offered by each community-based local contractor:

1.  Use of the postponing sexual involvement age-appropriate education curriculum targeted to boys and girls in schools or other community settings.

2.  Strategies to convey and reinforce the ENABL message of postponing childhood sexual involvement to the affected community, including activities promoting awareness and involvement of parents, schools, churches, and other community groups or organizations.

3.  Developing media linkages to publicize the purposes and goals of the ENABL program.

4.  A referral mechanism for children or their families who request or need other health or social services, which may include, without limitation, referral for alcohol and drug abuse treatment, mental health services, housing assistance, transportation, and nutrition services.

(4)  IMPLEMENTATION.--The department must:

(a)  Implement the ENABL program using the criteria provided in this section. The department must evaluate, select, and monitor the two pilot projects to be funded initially. The initial contract awards must be made no later than August 1, 1995. The following community-based local contractors may be selected among the first sites to be funded:

1.  A program based in a local school district, a county health department, or another unit of local government.

2.  A program based in a local, public or private, not-for-profit provider of services to children and their families.

(b)  Provide technical assistance to each community-based local contractor, as necessary.

(c)  Develop and implement the evaluation process.

(d)  Explore and pursue federal and foundation funding possibilities, and specifically request the United States Department of Health and Human Services to supplement the development and implementation of the ENABL program.

(5)  PUBLIC RELATIONS.--The department shall develop a statewide comprehensive media and public relations campaign to promote changes in sexual attitudes and behaviors among children and reinforce the message of abstaining from sexual activity.

(6)  TRAINING.--The department shall be responsible for developing a uniform training program for the community-based local contractors selected to implement the ENABL program.

(7)  EVALUATION.--There shall be an independent third-party evaluation of the initial grants. The contract for the evaluation shall be entered into prior to the selection of the community-based local contractor, to ensure integrity of the evaluation design, ongoing monitoring and periodic review of progress, and a timely, comprehensive evaluation report. The evaluation report shall be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, and appropriate substantive committees and subcommittees of the Legislature by January 1, 1999, and biennially thereafter. The report due by January 1, 2001, or 5 years after the startup of the initial prototype programs, whichever is later, shall include the first longitudinal report on participant outcomes.

History.--s. 2, ch. 95-321; s. 101, ch. 96-175; s. 205, ch. 97-101.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

411.243  Teen Pregnancy Prevention Community Initiative.--Subject to the availability of funds, the ¹Department of Health and Rehabilitative Services shall create a Teen Pregnancy Prevention Community Initiative. The purpose of this initiative is to create collaborative community partnerships to reduce teen pregnancy. Participating communities shall examine their needs and resources relative to teen pregnancy prevention and develop plans which provide for a collaborative approach to how existing, enhanced, and new initiatives together will reduce teen pregnancy in a community. Community incentive grants shall provide funds for communities to implement plans which provide for a collaborative, comprehensive, outcome-focused approach to reducing teen pregnancy.

(1)  The requirements of the community incentive grants are as follows:

(a)  The goal required of all grants is to reduce the incidence of teen pregnancy. All grants must be designed and required to maintain the data to substantiate reducing the incidence of teen pregnancy in the targeted area in their community.

(b)  The target population is teens through 19 years of age, including both males and females and mothers and fathers.

(c)  Grants must target a specified geographic area or region, for which data can be maintained to substantiate the teen pregnancy rate.

(d)  In order to receive funding, communities must demonstrate collaboration in the provision of existing and new teen pregnancy prevention initiatives. This collaboration shall include developing linkages to the health care, social services, and education systems.

(e)  Plans must be developed for how a community will reduce the incidence of teen pregnancy in a specified geographic area or region. These plans must include:

1.  Provision for collaboration between existing and new initiatives for a comprehensive, well-planned, outcome-focused approach. All organizations involved in teen pregnancy prevention in the community must be involved in the planning and implementation of the community incentive grant initiative.

2.  Provision in the targeted area or region for all of the components identified below. These components may be addressed through a collaboration of existing initiatives, enhancements, or new initiatives. Community incentive grant funds must address current gaps in the comprehensive teen pregnancy prevention plan for communities.

a.  Primary prevention components are:

(I)  Prevention strategies targeting males.

(II)  Role modeling and monitoring.

(III)  Intervention strategies targeting abused or neglected children.

(IV)  Human sexuality education.

(V)  Sexual advances protection education.

(VI)  Reproductive health care.

(VII)  Intervention strategies targeting younger siblings of teen mothers.

(VIII)  Community and public awareness.

(IX)  Innovative programs to facilitate prosecutions under s. 794.011, s. 794.05, or s. 800.04.

b.  Secondary prevention components are:

(I)  Home visiting.

(II)  Parent education, skill building, and supports.

(III)  Care coordination and case management.

(IV)  Career development.

(V)  Goal setting and achievement.

Community plans must provide for initiatives which are culturally competent and relevant to the families' values.

(2)  The state shall conduct an independent process and outcome evaluation of all the community incentive grant initiatives. The evaluation shall be conducted in three phases: The first phase shall focus on process, including implementation and operation, to be reported on after the first year of operation; the second phase shall be an interim evaluation of the outcome, to be completed after the third year of operation; the third phase shall be a final evaluation of process, outcome, and achievement of the overall goal of reducing the incidence of teen pregnancy, to be completed at the end of the fifth year of operation.

(3)  The state shall provide technical assistance, training, and quality assurance to assist the initiative in achieving its goals.

History.--s. 102, ch. 96-175.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.