Senate Bill 1050

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    Florida Senate - 1998                                  SB 1050

    By Senator Rossin





    35-973-98

  1                      A bill to be entitled

  2         An act relating to family safety; creating s.

  3         20.44, F.S.; creating the Department of Family

  4         Safety contingent upon adoption of an

  5         alternative budgeting process by the

  6         Legislature; providing for the department's

  7         mission, purposes, responsibilities, and

  8         organizational structure; directing the

  9         secretary of the department to appoint a

10         Statewide Family Safety Advisory Board and to

11         encourage the privatization of services;

12         creating the Human Services Commission to study

13         the organizational structure of the Department

14         of Children and Family Services and the

15         Department of Family Safety and to report its

16         findings to the Governor and the Legislature;

17         creating s. 402.401, F.S.; providing for

18         competency-based training for child protection

19         staff; creating s. 415.5145, F.S.; providing

20         for the family safety quality assurance and

21         improvement process; providing for the

22         effectiveness of rules; providing for the

23         substitution of parties in interest in certain

24         judicial or administrative proceedings;

25         providing an appropriation; providing effective

26         dates.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Section 20.44, Florida Statutes, is created

31  to read:

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  1         20.44  Department of Family Safety.--There is created a

  2  Department of Family Safety.

  3         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

  4  finds that the protection of children, the elderly, and other

  5  vulnerable adults from abuse is one of its most important

  6  priorities. It is the intent of the Legislature that the

  7  Department of Family Safety encompass child protection

  8  services, services to victims of domestic violence, and

  9  services to elders and disabled adults who are victims of

10  abuse. Greater integration of planning and delivering services

11  related to child and adult protection and domestic violence is

12  essential because it is becoming increasingly clear that these

13  forms of abuse are interrelated. Research strongly indicates

14  that violence within the family is intergenerational and

15  cyclical:  Persons who are abused as children are more likely

16  than others to become abusive parents themselves, and persons

17  who abuse one member of their family are likely to abuse other

18  vulnerable family members as well. Further, research suggests

19  that early exposure to violence in the family, including

20  witnessing violence or physical abuse, significantly increases

21  the risk of violent behavior during adolescence and adulthood.

22  It is the intent of the Legislature that the Department of

23  Family Safety focus on the safety and service needs of abused

24  or neglected children and adults with the goal of delivering

25  the most appropriate services in a timely and professional

26  manner. Within the Department of Family Safety, it is the

27  intent of the Legislature that all services be delivered by

28  trained and skilled persons and integrated to the extent

29  possible with other social, health, and educational services.

30         (2)  MISSION AND PURPOSES.--

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  1         (a)  The mission of the Department of Family Safety is

  2  to serve children, the elderly, and other vulnerable adults

  3  who are or at risk of being abandoned, abused, or neglected

  4  and to work in partnership with the private and public

  5  segments of local communities, including privatization of

  6  services, to help persons who are abandoned, abused, or

  7  neglected live in stable families and communities.

  8         (b)  The purposes of the Department of Family Safety

  9  are to deliver, or provide for the delivery of, all family

10  safety services offered by the state through the department,

11  including, but not be limited to:

12         1.  Cooperating with other state and local agencies in

13  integrating the delivery of all children, family, and health

14  services offered by the state to those persons in need of

15  assistance.

16         2.  Providing such assistance as is authorized to all

17  eligible clients so that they may achieve or maintain

18  self-sufficiency to prevent, reduce, or eliminate dependency.

19         3.  Preventing or remedying the neglect, abuse, or

20  exploitation of children and of adults who are unable to

21  protect their own interests.

22         4.  Aiding in the preservation, rehabilitation, and

23  reuniting of families when it is in the child's best interest

24  to do so and when the child cannot remain with the family,

25  thereby achieving permanence for that child as quickly as

26  possible.

27         5.  Addressing the problems and behaviors that result

28  from intergenerational family violence, including abuse of

29  children, spouses, and other vulnerable adults.

30         (c)  In fulfillment of this mission and these purposes,

31  the department shall create a 5-year strategic plan that

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  1  reflects broad societal outcomes, sets forth a broad framework

  2  within which district planning activities are conducted, and

  3  establishes a set of measurable goals and objectives

  4  consistent with performance outcomes, outputs, and standards

  5  under chapter 94-249, Laws of Florida, the Government

  6  Performance and Accountability Act, to ensure that the

  7  department is accountable to the public.

  8         (d)  In fulfilling its mission, the Secretary of the

  9  Department of Family Safety may appoint ad hoc advisory

10  committees when necessary. The problem or issue that an ad hoc

11  committee is asked to address and the timeframe within which

12  the committee is to complete its work must be specified at the

13  time of the initial appointment of the committee. Ad hoc

14  advisory committees must include representatives of

15  individuals, groups, associations, or institutions that may be

16  affected by the issue or problem that the committee is asked

17  to examine. Committee members shall receive no compensation,

18  but may, within existing resources of the department, be

19  reimbursed for travel expenses as provided in s. 112.061.

20         (3)  FAMILY SAFETY PROGRAMS.--Family safety programs

21  include, but are not limited to, prevention and early

22  intervention services for children and families at risk of

23  abuse or neglect; Florida abuse hotline for all reports of

24  abuse, neglect, or exploitation; investigations, family

25  preservation, support, and other in-home services; protective

26  supervision programs, licensure activities, child welfare

27  legal services; out-of-home care programs; in-home

28  supervision; adoptions; interstate compact on the placement of

29  children programs; specialized services to families; services

30  relating to domestic violence; child protection and sexual

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  1  abuse treatment teams under chapter 415, excluding medical

  2  direction functions; and adult protective services.

  3         (4)  SECRETARY OF FAMILY SAFETY.--

  4         (a)  The head of the department is the Secretary of

  5  Family Safety. The secretary is to be appointed by the

  6  Governor, subject to confirmation by the Senate. The secretary

  7  serves at the pleasure of the Governor. The secretary must

  8  have program expertise in family safety programs which is

  9  sufficient to enable him or her to successfully meet the

10  programmatic and organizational challenges.

11         (b)  The secretary has the authority and responsibilty

12  to ensure that the purpose of the department is fulfilled in

13  accordance with state and federal laws, rules, and

14  regulations. The secretary is responsible and accountable for

15  the department's fulfillment of its mission as articulated by

16  the Legislature through such means as the assignment of

17  program standards and performance outcomes.

18         (c)  The secretary is responsible for the assessment of

19  client needs and services on a statewide basis; short-term and

20  long-term program planning activities; the development of

21  budget and resource allocation methodologies; the development

22  of legislative budget requests based on requests submitted by

23  the District Deputy Secretaries; the development of program

24  policies and rules and providing policy interpretations in

25  order to achieve statewide consistency; working with other

26  states, associations, and experts in the field of family

27  safety in creating innovative and effective strategies for

28  addressing family violence and achieving family safety; and

29  ensuring collaboration with other appropriate departments for

30  the development and integration of effective programs to serve

31  children and their families.

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  1         (5)  DEPUTY SECRETARY FOR CENTRAL OPERATIONS.--The

  2  secretary shall appoint a Deputy Secretary for Central

  3  Operations who shall act in the absence of the secretary and

  4  is directly responsible to the secretary and is responsible

  5  for the office of administration, departmental legal services,

  6  inspector general functions, and other duties assigned by the

  7  secretary.

  8         (6)  OFFICE OF STANDARDS AND EVALUATION.--There is

  9  created under the secretary the Office of Standards and

10  Evaluation which shall:

11         (a)  Monitor the achievement of outcome measures and

12  performance and productivity standards related to service

13  delivery, support, and procedures.

14         (b)  Develop monitoring and quality assurance systems

15  for statewide and district services which will routinely

16  assess the efficiency and effectiveness of departmental and

17  provider staff and services.

18         (c)  Validate the monitoring and quality assurance

19  activities of statewide and district service providers and

20  staff to ensure that these activities are being conducted

21  routinely and that corrective action is being taken to

22  eliminate deficiencies detected by these activities.

23         (d)  Conduct evaluations, directly or by contract, of

24  programs and services provided by the department to determine

25  whether improvement in the condition of individuals, families,

26  and communities has occurred as a result of these programs and

27  services. The evaluations must include an assessment of the

28  short-term effects on individuals and families and the

29  long-term effects on communities and the state. Outcome

30  evaluation studies must be conducted in response to priorities

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  1  determined by the department and the Legislature and to the

  2  extent that funding is provided by the Legislature.

  3         (e)  Consult with the inspector general to ensure the

  4  integrity of the monitoring and evaluation process and the

  5  validity of the data derived from these activities.

  6         (f)  Develop procedures for the competitive procurement

  7  of external evaluations, including detailed specifications for

  8  all evaluation contracts.

  9         (g)  Develop the budget for the department's evaluation

10  efforts and identify future evaluation needs, including

11  infrastructure needs to support the outcome evaluation

12  function.

13         (h)  Perform such other duties relating to evaluation

14  as may be assigned to the Office of Standards and Evaluation

15  by the secretary.

16         (7)  DIRECTOR OF ADMINISTRATION.--

17         (a)  The secretary shall appoint a Director of

18  Administration who serves at the pleasure of the secretary and

19  is responsible to the Deputy Secretary for Central Operations.

20  The Director of Administration is responsible for:

21         1.  Supervising all of the budget management activities

22  of the department and serving as the chief budget officer of

23  the department.

24         2.  Providing administrative and management support

25  services above the district level.

26         3.  Monitoring administrative and management support

27  services in the districts.

28         4.  Developing and implementing uniform policies,

29  procedures, and guidelines with respect to personnel

30  administration, finance and accounting, budget, grants

31  management and disbursement, contract administration,

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  1  procurement, information and communications systems,

  2  management evaluation and improvement, and general services,

  3  including housekeeping, maintenance, and leasing of

  4  facilities.

  5         5.  Performing such other administrative duties as are

  6  assigned by the secretary.

  7         (b)  If reductions in a district's operating budget

  8  become necessary during any fiscal year, the department shall

  9  develop a formula to be used in its recommendations to the

10  Governor and Legislature which does not disproportionately

11  reduce a district's operating budget because of voluntary

12  county appropriations to department programs.

13         (7)  SERVICE DISTRICTS.--The department shall plan and

14  administer its programs and services through no more than

15  seven geographic service districts that the department shall

16  define by rule.

17         (8)  DISTRICT DEPUTY SECRETARY.--

18         (a)  A district deputy secretary who is exempt from the

19  Career Service System established in part II of chapter 110 is

20  appointed in each district. The secretary shall appoint the

21  deputy secretary in each district who has program expertise in

22  family safety services and who serves at the pleasure of and

23  is directly responsible to the secretary. The district deputy

24  secretary has direct line authority over all family safety

25  programs and services within the district. The secretary

26  provides overall policy direction to the district deputy

27  secretary, but in order to tailor programs and services to

28  address local needs and build on local strengths, the

29  day-to-day operational decisions for local family safety

30  services and programs are made by the district deputy

31  secretary or by staff as delegated by the district deputy

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  1  secretary either directly or through contract. The district

  2  deputy secretary is responsible to the secretary for

  3  implementing statewide policy. The district deputy secretary

  4  is directly accountable for the organization and delivery of

  5  services to meet the needs of the clients within the district.

  6  The district deputy secretary must involve the appropriate

  7  local community-based departmental staff, consumers of the

  8  department's services, community leaders, organizations, and

  9  citizens as frequently as possible in policy and operational

10  decisions that affect programs and services in their

11  community. The evaluation of the performance of the district

12  deputy secretary is based on the performance of his or her

13  duties and responsibilities as specified in this subsection in

14  fulfilling the mission of the department at the district

15  level. The responsibilities of the district deputy secretary

16  include, but are not limited to:

17         1.  Directing, supervising, and monitoring district

18  service programs in conformity with state and federal laws,

19  rules, and regulations; district and statewide service plans;

20  and all other policies, procedures, and guidelines established

21  by the secretary or the director.

22         2.  Administering the continuum of programs and

23  services of the district and managing the personnel and

24  facilities associated with those programs that serve the

25  district.

26         3.  Administering state funds allocated to the district

27  as well as proper claiming of federal funds.

28         4.  Identifying county and district needs.

29         5.  Establishing district policies and procedures as

30  required to discharge the duties of the district deputy

31  secretary and to implement and conform the policies,

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  1  procedures, and guidelines established by the department to

  2  the needs of the district.

  3         6.  Identifying and developing community resources

  4  including the development of and assistance to local providers

  5  who are interested in becoming privatized providers of all or

  6  a portion of the department's services as described in this

  7  section.

  8         7.  Coordinating the programs and services provided by

  9  the department with those of other public and private agencies

10  that provide health, social, educational, and rehabilitative

11  services to the same children and their families within the

12  district.

13         8.  Developing the legislative budget requests and

14  providing technical assistance and consultation on pertinent

15  program issues as needed.

16         9.  Serving as program spokesperson in educating the

17  public as to the availability of programs and the needs of

18  clients.

19         10.  Serving as primary staff-development adviser in

20  assessing the needs of staff and developing training and

21  staff-development programs.

22         11.  Performing other duties assigned by the secretary.

23         (b)  In order to enhance service coordination and

24  integration with other health and human services, each

25  district must develop a service integration strategy that is

26  submitted to the secretary. At a minimum, the strategy must

27  specify that the district deputy secretary shall meet on a

28  regular basis with representatives from other related

29  departments to discuss problems and issues hindering service

30  delivery.

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  1         (c)  There must be an annual agreement between the

  2  district deputy secretary and the secretary that includes

  3  expected district performance outcomes and provides for

  4  periodic reports and evaluations to the secretary of district

  5  performance. The agreement must specify the disciplinary

  6  actions that will be taken by the secretary when the district

  7  deputy secretary fails to meet the outcomes specified in the

  8  agreement.

  9         (d)  The district manager for administrative services

10  shall report directly to the district deputy secretary and

11  shall provide the following administrative and management

12  support services to the district in accordance with the

13  uniform policies, procedures, and guidelines established by

14  the Director of Administration:

15         1.  Finance and accounting.

16         2.  Grants management and disbursement.

17         3.  Personnel administration.

18         4.  Purchasing and procurement.

19         5.  General services, including housekeeping and

20  maintenance of facilities.

21         6.  Assisting the district deputy secretary in

22  preparation of the district budget request and administration

23  of the approved operating budget.

24         7.  Chief budget officer of the district.

25         8.  Other administrative duties as assigned by the

26  district deputy secretary.

27         (e)  To ensure effective contract management, each

28  district deputy secretary shall establish an interdisciplinary

29  contract evaluation team to assess the efficacy of district

30  contracts and evaluate contractor performance and

31  administrative compliance. The contract evaluation team shall

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  1  report their findings to and coordinate their activities with

  2  the Office of Standards and Evaluation.

  3         (9)  DEPARTMENTAL BUDGET.--

  4         (a)  The secretary shall develop and submit annually to

  5  the Legislature a comprehensive departmental summary budget

  6  document that arrays each district budget request along

  7  program lines and, for the purpose of legislative

  8  appropriation, consists of the following distinct budget

  9  entities:

10         1.  Department Administration.

11         2.  Statewide Services.

12         3.  District Services.

13         (b)  The department shall revise its budget entity

14  designations to conform with the three budget entities. The

15  department, in accordance with chapter 216, shall transfer, as

16  necessary, funds and positions among budget entities to

17  realign appropriations with the revised budget entity

18  designations. Such authorized revisions must be consistent

19  with the intent of the approved operating budget. The various

20  district budget requests developed pursuant to paragraph (d)

21  shall be included in the comprehensive departmental summary

22  budget document.

23         (c)  To fulfill this responsibility, the secretary may

24  review, amend, and approve the annual budget request of all

25  departmental activities under s. 216.023.

26         (d)  It is the responsibility of the Director of

27  Administration to establish the necessary budget timetables,

28  formats, and data requirements for all departmental budget

29  requests in accordance with the statewide budget requirements

30  of the Executive Office of the Governor.

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  1         (e)  It is the responsibility of the district deputy

  2  secretary, to develop an annual district budget request to be

  3  reviewed, amended, and approved by the secretary. Annual

  4  budget requests must be based on units of service and the

  5  costs of those services.

  6         (f)  The department's program planning, budgeting, and

  7  information systems capabilities are required to be linked.

  8  Identification of resource requirements and legislative

  9  appropriations are based upon systematic identification of

10  target client populations and appropriate service arrays,

11  defined units of measurement and data captured for unit

12  costing purposes, and tracking services delivered in a manner

13  so that program outcomes can be determined. The department

14  shall implement an integrated, unit cost based budgeting

15  system for each target client population.

16         (10)  STATEWIDE FAMILY SAFETY ADVISORY BOARD.--The

17  secretary shall appoint a Statewide Family Safety Advisory

18  Board to advise the secretary on issues and programs that

19  impact on the safety and well-being of children, families, and

20  vulnerable adults. The advisory board shall be appointed by

21  the Governor from recommendations from each county commission.

22  The Governor shall appoint at least two members from each

23  service district and will ensure representation from both a

24  rural area and an urban area. Each member shall be appointed

25  for a 2-year term, and no member may serve for more than two

26  consecutive terms. In fulfilling vacancies and making any new

27  appointments, the Governor shall ensure that the members

28  rotate from among the counties within the service district.

29  The department shall adopt an administrative rule describing

30  the rotation process of board members within the service

31  districts. The board may have no more than 20 members

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  1  including experts in child protection services, domestic

  2  violence, abuse of elders, and in other pertinent areas that

  3  impact on child and family safety.

  4         (11)  PRIVATIZATION OF SERVICES.--The Legislature

  5  believes that the planning, management, and delivery of family

  6  safety services is the responsibility of local communities. It

  7  is the intent of the Legislature that family safety services

  8  be a joint endeavor between the private and public sectors and

  9  that the role of community providers be strengthened when it

10  is in the clients' best interest and is economically and

11  programmatically feasible. To that end, the secretary is

12  responsible for encouraging and facilitating privatization of

13  services. It is the intent of the Legislature that the

14  feasibility of law enforcement agencies administering all

15  protective investigations be reviewed.

16         (a)  Each district must determine annually whether

17  there is any interest on the part of local providers to

18  directly provide child protection services. When the

19  department determines that local communities have both an

20  interest in and a capacity to provide all or a portion of

21  family safety services, the department must competitively

22  procure, through the request for proposals process under

23  chapter 287, or through an appropriate alternative bid

24  process, the delivery of those specified services.

25         (b)  Services may be provided by a single provider, by

26  a network of providers that may include partnerships between

27  the public and private sectors, or by a single or group of

28  counties, municipalities, or other governmental entities.

29         (c)  In order to ensure that children are adequately

30  protected, services are effectively managed, and workers

31  receive proper supervision, service contracts for these

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  1  privatized services must include at least the following:  a

  2  detailed description of services; program standards; criteria

  3  describing the clients to be served; service activities;

  4  service units; unit costs; staffing and supervisory

  5  requirements; program and financial reporting and

  6  documentation requirements; performance outcomes, outputs, and

  7  standards; service coordination requirements; service location

  8  and equipment requirements; contract monitoring and evaluation

  9  methodologies; and other provider or department

10  responsibilities, special provisions, or expenditure of funds

11  unique to the services being contracted.

12         (12)  INFORMATION SYSTEMS.--

13         (a)  The secretary shall appoint a chief information

14  officer with the authority for agency development and

15  management information systems maintenance, policies, and

16  procedures as provided in chapter 282. The chief information

17  officer shall direct and promote information as a strategic

18  asset and facilitate integration of data systems and agency

19  and interagency resource sharing as allowed by applicable

20  statutes. The chief information officer serves at the pleasure

21  of the secretary.

22         (b)  The chief information officer is directly

23  responsible for the management of the management information

24  systems service center that provides primary information

25  systems support for all entities within the department and

26  maintains fee-for-service provisions for use by other

27  agencies. The chief information officer shall negotiate

28  service-level agreements between the management information

29  systems service center and users and shall facilitate

30  integrated information systems practices and procedures

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  1  throughout the service districts and with local service

  2  providers.

  3         (c)  The secretary shall implement a priority program

  4  aimed at the design, testing, and integration of automated

  5  information systems necessary for effective and efficient

  6  management of the department and clients. These systems shall

  7  contain, minimally, management data, client data, and program

  8  data deemed essential for the ongoing administration of

  9  service delivery, as well as for the purpose of management

10  decisions. It is the intent of the Legislature that these

11  systems be developed with the idea of providing maximum

12  administrative support to the delivery of services and to

13  allow for the development of a more logical alignment of

14  programs, services, and budget structures to effectively

15  address the problems of any person who receives the services

16  of the department. It is also essential that these systems

17  comply with federal program requirements and ensure

18  confidentiality of individual client information.

19         (14)  HEADQUARTERS; SERVICE FACILITIES.--

20         (a)  The department shall maintain its headquarters in

21  Tallahassee.

22         (b)  Within each of its service districts, the

23  department shall co-locate its service facilities when it is

24  possible to do so without removing service facilities from

25  proximity to the clients they serve.

26         (15)  CONSULTATION WITH COUNTIES ON MANDATED

27  PROGRAMS.--It is the intent of the Legislature that when

28  county governments are required by law to participate in the

29  funding of programs, the department shall consult with

30  designated representatives of county governments in developing

31  policies and service delivery plans for those programs.

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  1         Section 2.  (1)  The Human Services Commission is

  2  created to study the organizational placement of the remaining

  3  programs in the Department of Children and Family Services

  4  including alcohol, drug abuse, and mental health services;

  5  developmental services; the economic self-sufficiency program;

  6  and adult services, excluding adult protective services, so

  7  that these programs and services will be delivered in the most

  8  effective and efficient manner preserving their integration

  9  and coordination of each service with other health and human

10  services. The Human Services Commission is an adjunct to the

11  Executive Office of the Governor and must complete the

12  following activities:

13         (a)  Study these referenced programs and recommend to

14  the Legislature the most appropriate organizational placement

15  and design within or outside of Florida's governmental

16  structure;

17         (b)  Review the mission and the organizational

18  structure of the Department of Family Safety as created in

19  this act to propose any additional changes that will enhance

20  the delivery of these services and ensure the protection of

21  the state's children, adults, and families;

22         (c)  Review the feasibility of law enforcement agencies

23  administering all or an increased portion of protective

24  investigations; and

25         (d)  Determine the most credible method of projecting

26  the amount of resources needed to provide the most appropriate

27  family safety services to children and families which is an

28  alternative to the current budgeting method. In conducting

29  this activity, the commission shall investigate and report on

30  the feasibility of utilizing an estimating conference approach

31  to budgeting.

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  1

  2  The commission shall obtain expert consultation on all of

  3  these issues from persons who are not currently employed by or

  4  under contract with the Department of Children and Family

  5  Services.

  6         (2)  The Human Services Commission shall be appointed

  7  within 30 days after this act becomes a law and shall hold its

  8  first meeting within 2 weeks after the appointments are made.

  9  The commission shall include the following members: two

10  members of the Senate to be appointed by the President of the

11  Senate; two members of the House of Representatives to be

12  appointed by the Speaker of the House of Representatives; the

13  Secretary of the Department of Children and Family Services;

14  the Secretary of the Department of Health; the Secretary of

15  the Department of Labor and Employment Security; one judge

16  with extensive experience in dependency proceedings to be

17  appointed by the Chief Justice of the Supreme Court; the

18  Chairperson of the WAGES state board; a representative of the

19  Florida Association of Counties to be appointed by the

20  Governor; a representative of the Florida Sheriff's

21  Association to be appointed by the Governor; one consumer of

22  services to be selected from mental health, substance abuse,

23  developmental services, or adult services, to be appointed by

24  the Governor; and three persons representing the Florida

25  Clearinghouse on Human Services who are knowledgeable in human

26  services organizational issues, to be appointed by the

27  Governor. The Governor shall designate a chairperson for the

28  commission. Designees who attend meetings for commission

29  members will not be allowed to vote.

30         (3)  The Human Services Commission shall submit a

31  report with findings, recommendations, and proposed

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  1  legislation no later than February 1, 1999, to the Governor,

  2  the President of the Senate, and the Speaker of the House of

  3  Representatives. Members of the Human Services Commission

  4  shall serve without compensation but shall be entitled to per

  5  diem and travel expenses as provided in s. 112.061. The

  6  commission is abolished March 1, 1999.

  7         Section 3.  Section 402.401, Florida Statutes, is

  8  created to read:

  9         402.401  Competency-based training for child protection

10  staff.--

11         (1)  The Legislature intends for family safety services

12  to be delivered by trained and competent professional staff.

13  To the degree that resources are available, the Legislature

14  intends to reward exemplary persons among its direct services

15  staff as well as attract and retain the most competent

16  professionals. To that end, competency-based training

17  requirements are established.

18         (2)  Child protection staff, whether employed by the

19  department or under contract with the department, who perform

20  the functions of professional child protection staff in the

21  family services personnel classes, must be certified based on

22  competency-based training and testing programs approved by the

23  department. The department shall provide for oversight of the

24  statewide child protection training and certification system

25  which must include basic and advanced competency-based

26  training and testing programs, as described in s. 402.40.

27         (3)  The department may adopt administrative rules

28  sufficient to administer this section which must address, at a

29  minimum, specific competencies to be mastered as well as

30  testing and retesting procedures.

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  1         Section 4.  Section 415.5145, Florida Statutes, is

  2  created to read:

  3         415.5145  Family safety quality assurance and

  4  improvement process.--The purpose of the quality assurance and

  5  improvement program is to objectively and systematically

  6  monitor and evaluate the appropriateness and quality of child

  7  protection services to ensure that services are rendered

  8  consistent with reasonable, prevailing professional standards,

  9  are based on outcomes and indicators of performance, and to

10  resolve identified problems in programs and services.

11         (1)  Each service district shall develop a written plan

12  on the district's implementation of the department's family

13  safety quality assurance and improvement process that is

14  established statewide in accordance with uniform guidelines

15  developed by the secretary.  These components must include,

16  but are not limited to:

17         (a)  Outcomes in five practice domains: safety,

18  permanency, child well-being, family centered practice, and

19  program management, leadership, and community partnerships;

20         (b)  The involvement of stakeholders in the quality

21  assurance and improvement process;

22         (c)  Standardized case review and stakeholder interview

23  for each of the core processes in child protection, from

24  initial response through termination of parental rights and

25  adoption, and for foster care licensing;

26         (d)  An internal district review process that includes

27  supervisory case review, internal peer reviews of each child

28  protection unit on a routine basis and a strong district

29  self-assessment component to support and build on quality

30  improvement efforts at the local level;

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  1         (e)  Written reports of the internal and external

  2  reviews that focus on performance related to key indicators;

  3  and

  4         (f)  Formal quality assurance and improvement plans

  5  where needed.

  6         (2)  The secretary is responsible for:

  7         (a)  An external peer review process that includes

  8  comprehensive annual onsite reviews of each district's child

  9  protection system by central office staff and district staff

10  outside the district being reviewed and others external to the

11  department when appropriate, to validate internal review

12  findings.

13         (b)  Peer review training for district and central

14  office staff in the quality assurance and improvement process

15  and their roles and responsibilities as peer reviewers.

16         (3)  Each district shall designate a quality assurance

17  manager.

18         (4)  Incident reporting is the affirmative duty of all

19  staff.  Any person filing an incident report is not subject to

20  any civil action by virtue of the incident report.

21         (5)  The department shall have access to all records

22  necessary to determine agency compliance with this section.

23         Section 5.  Implementation of the provisions

24  establishing the Department of Family Safety is contingent

25  upon the adoption of legislation by the 1999 Legislature which

26  puts in place an alternative budgeting process in response to

27  the recommendations of the Human Services Commission.

28         Section 6.  The administrative rules of the Department

29  of Children and Family Services that are in effect immediately

30  prior to the effective date of this act shall remain in effect

31  until specifically changed in the manner provided by law.

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  1         Section 7.  This act shall not affect the validity of

  2  any judicial or administrative proceeding pending on the

  3  effective date of this act, and any agency to which are

  4  transferred the powers, duties, and functions relating to the

  5  pending proceeding shall be substituted as a party in interest

  6  for that proceeding.

  7         Section 8.  The sum of $250,000 is appropriated from

  8  the General Revenue Fund to the Human Services Commission for

  9  the purpose of paying for the study mandated by section 2 of

10  this act.

11         Section 9.  Except for Section 2, which shall take

12  effect upon becoming a law, this act shall take effect January

13  1, 2000, if the condition specified in section 5 is met.

14

15            *****************************************

16                          SENATE SUMMARY

17    Creates the Department of Family Safety and the Human
      Services Commission.  Provides for their powers, duties,
18    and organizational structure.  (See bill for details.)

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