CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1929

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Health & Human Services Appropriations

12  offered the following:

13

14         Amendment (with title amendment) 

15         On page 3, line 27 through page 10, line 6,

16  remove:  all of said lines

17

18  and insert in lieu thereof:  of Children and Family Services

19  relating to services to abused and neglected children provided

20  through the child protection teams and sexual abuse treatment

21  program created under part IV of chapter 415, Florida

22  Statutes, are transferred to the Department of Health,

23  Division of Children's Medical Services, by a type two

24  transfer as defined in s. 20.06, Florida Statutes.  The

25  Department of Health may organize, classify, and manage the

26  positions transferred in a manner that will reduce

27  duplication, achieve maximum efficiency, and ensure

28  accountability.

29         Section 3.  Paragraph (h) of subsection (1) of section

30  20.43, Florida Statutes, is amended to read:

31         20.43  Department of Health.--There is created a

                                  1

    File original & 9 copies    04/15/98
    hap0011                     08:49 am         01929-hhs -195789




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1929

    Amendment No.     (for drafter's use only)





 1  Department of Health.

 2         (1)  The purpose of the Department of Health is to

 3  promote and protect the health of all residents and visitors

 4  in the state through organized state and community efforts,

 5  including cooperative agreements with counties.  The

 6  department shall:

 7         (h)  Provide services to abused and neglected children

 8  through child protection teams and sexual abuse treatment

 9  programs. Provide medical direction for child protection team

10  and sexual abuse treatment functions created under chapter

11  415.

12         Section 4.  Paragraph (j) of subsection (4) of section

13  39.4031, Florida Statutes, is amended to read:

14         39.4031  Case plan requirements.--

15         (4)  When the child is receiving services in a

16  placement outside the child's home or in foster care, the case

17  plan must be prepared within 30 days after placement and also

18  be approved by the court and must include, in addition to the

19  requirements in subsections (2) and (3), at a minimum:

20         (j)  A written notice to the parent that failure of the

21  parent to substantially comply with the case plan may result

22  in the termination of parental rights, and that a material

23  failure to substantially comply may result in the filing of a

24  petition for termination of parental rights sooner than the

25  compliance periods set forth in the case plan itself. The

26  child protection team shall coordinate its effort with the

27  case staffing committee shall coordinate its efforts with the

28  child protection team of the Department of Health.

29         Section 5.  Paragraph (4) of section 39.4032, Florida

30  Statutes, is amended to read:

31         39.4032  Multidisciplinary case staffing.--

                                  2

    File original & 9 copies    04/15/98
    hap0011                     08:49 am         01929-hhs -195789




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1929

    Amendment No.     (for drafter's use only)





 1         (4)  The case staffing committee shall coordinate its

 2  effort with the child protection team of the Department of

 3  Health.

 4         Section 6.  Paragraph (a) of subsection (3) of section

 5  39.408, Florida Statutes, is amended to read:

 6         39.408  Hearings for dependency cases.--

 7         (3)  DISPOSITION HEARING.--At the disposition hearing,

 8  if the court finds that the facts alleged in the petition for

 9  dependency were proven in the adjudicatory hearing, or if the

10  parents have consented to the finding of dependency or

11  admitted the allegations in the petition, have failed to

12  appear for the arraignment hearing after proper notice, or

13  have not been located despite a diligent search having been

14  conducted, the court shall receive and consider a

15  predisposition study, which must be in writing and presented

16  by an authorized agent of the department.

17         (a)  The predisposition study shall cover for any

18  dependent child all factors specified in s. 61.13(3), and must

19  also provide the court with the following documented

20  information:

21         1.  An assessment defining the dangers and risks of

22  returning the child home, including a description of the

23  changes in and resolutions to the initial risks.

24         2.  A description of what risks are still present and

25  what resources are available and will be provided for the

26  protection and safety of the child.

27         3.  A description of the benefits of returning the

28  child home.

29         4.  A description of all unresolved issues.

30         5.  An abuse registry history for all caretakers,

31  family members, and individuals residing within the household.

                                  3

    File original & 9 copies    04/15/98
    hap0011                     08:49 am         01929-hhs -195789




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1929

    Amendment No.     (for drafter's use only)





 1         6.  The complete child protection team report and

 2  recommendation of the child protection team of the Department

 3  of Health or, if no report exists, a statement reflecting that

 4  no report has been made.

 5         7.  All opinions or recommendations from other

 6  professionals or agencies that provide evaluative, social,

 7  reunification, or other services to the family.

 8         8.  The availability of appropriate prevention and

 9  reunification services for the family to prevent the removal

10  of the child from the home or to reunify the child with the

11  family after removal, including the availability of family

12  preservation services through the Family Builders Program, the

13  Intensive Crisis Counseling Program, or both.

14         9.  The inappropriateness of other prevention and

15  reunification services that were available.

16         10.  The efforts by the department to prevent

17  out-of-home placement of the child or, when applicable, to

18  reunify the family if appropriate services were available,

19  including the application of intensive family preservation

20  services through the Family Builders Program, the Intensive

21  Crisis Counseling Program, or both.

22         11.  Whether the services were provided to the family

23  and child.

24         12.  If the services were provided, whether they were

25  sufficient to meet the needs of the child and the family and

26  to enable the child to remain at home or to be returned home.

27         13.  If the services were not provided, the reasons for

28  such lack of action.

29         14.  The need for, or appropriateness of, continuing

30  the services if the child remains in the custody of the family

31  or if the child is placed outside the home.

                                  4

    File original & 9 copies    04/15/98
    hap0011                     08:49 am         01929-hhs -195789




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1929

    Amendment No.     (for drafter's use only)





 1         15.  Whether family mediation was provided.

 2         16.  Whether a multidisciplinary case staffing was

 3  conducted and, if so, the results.

 4         17.  If the child has been removed from the home and

 5  there is a parent who may be considered for custody pursuant

 6  to s. 39.41(1), a recommendation as to whether placement of

 7  the child with that parent would be detrimental to the child.

 8         Section 7.  Paragraph (i) of subsection (3) of section

 9  119.07, Florida Statutes, is amended to read:

10         119.07  Inspection, examination, and duplication of

11  records; exemptions.--

12         (3)

13         (i)1.  The home addresses, telephone numbers, social

14  security numbers, and photographs of active or former law

15  enforcement personnel, including correctional and correctional

16  probation officers, personnel of the Department of Children

17  and Family Health and Rehabilitative Services whose duties

18  include the investigation of abuse, neglect, exploitation,

19  fraud, theft, or other criminal activities, personnel of the

20  Department of Health whose duties are to support the

21  investigation of child abuse or neglect, and personnel of the

22  Department of Revenue or local governments whose

23  responsibilities include revenue collection and enforcement or

24  child support enforcement; the home addresses, telephone

25  numbers, social security numbers, photographs, and places of

26  employment of the spouses and children of such personnel; and

27  the names and locations of schools and day care facilities

28  attended by the children of such personnel are exempt from the

29  provisions of subsection (1). The home addresses, telephone

30  numbers, and photographs of firefighters certified in

31  compliance with s. 633.35; the home addresses, telephone

                                  5

    File original & 9 copies    04/15/98
    hap0011                     08:49 am         01929-hhs -195789




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1929

    Amendment No.     (for drafter's use only)





 1  numbers, photographs, and places of employment of the spouses

 2  and children of such firefighters; and the names and locations

 3  of schools and day care facilities attended by the children of

 4  such firefighters are exempt from subsection (1). The home

 5  addresses and telephone numbers of justices of the Supreme

 6  Court, district court of appeal judges, circuit court judges,

 7  and county court judges; the home addresses, telephone

 8  numbers, and places of employment of the spouses and children

 9  of justices and judges; and the names and locations of schools

10  and day care facilities attended by the children of justices

11  and judges are exempt from the provisions of subsection (1).

12  The home addresses, telephone numbers, social security

13  numbers, and photographs of current or former state attorneys,

14  assistant state attorneys, statewide prosecutors, or assistant

15  statewide prosecutors; the home addresses, telephone numbers,

16  social security numbers, photographs, and places of employment

17  of the spouses and children of current or former state

18  attorneys, assistant state attorneys, statewide prosecutors,

19  or assistant statewide prosecutors; and the names and

20  locations of schools and day care facilities attended by the

21  children of current or former state attorneys, assistant state

22  attorneys, statewide prosecutors, or assistant statewide

23  prosecutors are exempt from subsection (1) and s. 24(a), Art.

24  I of the State Constitution. The home addresses and home

25  telephone numbers of county and municipal code inspectors and

26  code enforcement officers are confidential and exempt from the

27  provisions of subsection (1) and s. 24(a), Art. I of the State

28  Constitution.

29         2.  An agency that is the custodian of the personal

30  information specified in subparagraph 1. and that is not the

31  employer of the officer, employee, justice, judge, or other

                                  6

    File original & 9 copies    04/15/98
    hap0011                     08:49 am         01929-hhs -195789




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1929

    Amendment No.     (for drafter's use only)





 1  person specified in subparagraph 1. shall maintain the

 2  confidentiality of the personal information only if the

 3  officer, employee, justice, judge, other person, or employing

 4  agency of the designated employee submits a written request

 5  for confidentiality to the custodial agency.

 6         Section 8.  Subsection (3) of section 415.501, Florida

 7  Statutes, is amended to read:

 8         415.501  Prevention of abuse and neglect of children;

 9  state plan.--

10         (3)  FUNDING AND SUBSEQUENT PLANS.--

11         (a)  All budget requests submitted by the Department of

12  Health, the Department of Children and Family Services, the

13  Department of Education, or any other agency to the

14  Legislature for funding of efforts for the prevention of child

15  abuse and neglect shall be based on the state plan developed

16  pursuant to this section.

17         (b)  The Department of Children and Family Services at

18  the state and district levels and the other

19

20

21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 1, lines 8-16,

24  remove from the title of the bill:  all of said lines

25

26  and insert in lieu thereof:

27         powers and duties relating to the child

28         protection teams, and the sexual abuse

29         treatment program to the Department of Health;

30         providing the Department of Health with certain

31         authority with respect to transferred

                                  7

    File original & 9 copies    04/15/98
    hap0011                     08:49 am         01929-hhs -195789




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1929

    Amendment No.     (for drafter's use only)





 1         positions; amending s. 20.43, F.S.; providing

 2         responsibility of the Department of Health to

 3         provide services to abused and

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  8

    File original & 9 copies    04/15/98
    hap0011                     08:49 am         01929-hhs -195789