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





                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3217

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Brennan offered the following:

12

13         Amendment to Amendment (882149) (with title amendment) 

14         On page 1, line 18, through page 11, line 18,

15  remove from the amendment:  all of said lines

16

17  and insert in lieu thereof:

18         Section 1.  Section 409.1671, Florida Statutes, is

19  amended to read:

20         409.1671  Foster care and related services;

21  privatization.--

22         (1)  It is the intent of the Legislature that to

23  encourage the Department of Children and Family Services shall

24  privatize the provision of to contract with competent

25  community-based agencies to provide foster care and related

26  services statewide. As used in this section, the term

27  "privatize" means to contract with competent, community-based

28  agencies.  The department shall submit a plan to accomplish

29  privatization statewide, through a competitive process, phased

30  in over a 3-year period beginning January 1, 2000. This plan

31  is to be submitted by July 1, 1999, to the President of the

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                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3217

    Amendment No.     (for drafter's use only)





 1  Senate, the Speaker of  the House of Representatives, the

 2  Governor, and the minority leaders of both houses. This plan

 3  must be developed with local community participation,

 4  including, but not limited to, input from community-based

 5  providers that are currently under contract with the

 6  department to furnish community-based foster care and related

 7  services, and must include a methodology for determining and

 8  transferring all available funds, including federal funds that

 9  the provider is eligible for and agrees to earn and that

10  portion of general revenue funds which is currently associated

11  with the services that are being furnished under contract. The

12  methodology must provide for the transfer of funds

13  appropriated and budgeted for all services and programs that

14  have been incorporated into the project, including all

15  management, capital (including current furniture and

16  equipment), and administrative funds to accomplish the

17  transfer of these programs. This methodology must address

18  expected workload and at least the 3 previous years'

19  experience in expenses and workload. With respect to any

20  district or portion of a district in which privatization

21  cannot be accomplished within the 3 years' timeframe, the

22  department must clearly state in its plan the reasons the

23  timeframe cannot be met and the efforts that should be made to

24  remediate the obstacles, which may include alternatives to

25  total privatization, such as public  private partnerships. As

26  used in this section, the term "related services" means By

27  privatizing these services, the support and commitment of

28  communities to the reunification of families and care of

29  children and their families will be strengthened, and

30  efficiencies as well as increased accountability will be

31  gained. These services may include family preservation,

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                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3217

    Amendment No.     (for drafter's use only)





 1  independent living, emergency shelter, residential group care,

 2  foster care, therapeutic foster care, intensive residential

 3  treatment, postadjudication legal services, foster care

 4  supervision, postadjudication case management, postplacement

 5  supervision, permanent foster care, family reunification, the

 6  filing  of  a petition for the termination of parental rights,

 7  and adoption. Unless otherwise provided for, beginning in

 8  fiscal year 1999 - 2000, either the State Attorney or the

 9  Office of the Attorney General shall provide child welfare

10  legal services, pursuant to Chapter  39, and other relevant

11  provisions, in Sarasota, Hillsborough, and Manatee Counties.

12  Such legal services shall commence upon and be effective, as

13  soon as determined reasonably feasible by the respective State

14  Attorney or the Office of the Attorney General, after the

15  privatization of associated programs and child protective

16  investigations has occurred.  When a private nonprofit agency

17  has received case management responsibilities, transferred

18  from the state under this section, for a child who is

19  sheltered or found to be dependent and who is assigned to the

20  care of the privatization project, the agency may act as the

21  child's guardian for the purpose of registering the child in

22  school if a parent or guardian of the child is unavailable and

23  his or her whereabouts cannot reasonably be ascertained. The

24  private nonprofit agency may also seek emergency medical

25  attention for such a child, but only if a parent or guardian

26  of the child is unavailable, his or her whereabouts cannot

27  reasonably be ascertained, and a court order for such

28  emergency medical services cannot be obtained because of the

29  severity of the emergency or because it is after normal

30  working hours. However, the provider may not consent to

31  sterilization, abortion, or termination of life support. If a

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                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3217

    Amendment No.     (for drafter's use only)





 1  child's parents' rights have been terminated, the nonprofit

 2  agency shall act as guardian of the child in all

 3  circumstances.

 4         (2)  The department may contract for the delivery,

 5  administration, or management of protective services, the

 6  services specified in subsection (1) relating to foster care,

 7  and other related services or programs, as appropriate. The

 8  department shall retain responsibility for the quality of

 9  contracted services and programs and shall ensure that

10  services are delivered in accordance with applicable federal

11  and state statutes and regulations.

12         (3)(a)  The department shall establish a quality

13  assurance program for privatized the privatization of

14  services. The quality assurance program may be performed by a

15  national accrediting organization such as the Council on

16  Accreditation of Services for Families and Children, Inc.

17  (COA) or the Council on Accreditation of Rehabilitation

18  Facilities (CARF). The department shall develop a request for

19  proposal for such oversight. This program must be developed

20  and administered at a statewide level. The Legislature intends

21  that the department be permitted to have limited flexibility

22  to use funds for improving quality assurance. To this end,

23  effective January 1, 2000, the department may transfer up to

24  0.125 percent of the total funds from categories used to pay

25  for these contractually provided services, but the total

26  amount of such transferred funds may not exceed $300,000 in

27  any fiscal year. When necessary, the department may establish,

28  in accordance with s. 216.177, additional positions that will

29  be exclusively devoted to these functions. Any positions

30  required under this paragraph may be established,

31  notwithstanding ss. 216.262(1)(a) and 216.351. The quality

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                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3217

    Amendment No.     (for drafter's use only)





 1  assurance program must include standards for each specific

 2  component of these services. The department, in consultation

 3  with the community-based agencies that are undertaking the

 4  privatized projects, shall establish minimum thresholds for

 5  each component of service, consistent with standards

 6  established by the Legislature. Each program operated under

 7  pursuant to contract with a community-based agency must be

 8  evaluated annually by the department or by an objective

 9  competent entity designated by the department under the

10  provisions of the quality assurance program. The evaluation

11  must be financed from cost savings associated with the

12  privatization of services. The department shall submit an

13  annual report regarding quality performance, outcome measure

14  attainment, and cost efficiency to the President of the

15  Senate, the Speaker of the House of Representatives, the

16  minority leader of each house of the Legislature, and the

17  Governor no later than January 31 of each year for each

18  project in operation during the preceding fiscal year,

19  beginning in 1998.  The quality assurance program must be

20  funded through administrative savings generated by this act.

21         (b)  The department shall establish and operate a

22  comprehensive system to measure and report annually the

23  outcomes and effectiveness of the services that have been

24  privatized. The department shall use these findings in making

25  recommendations to the Governor and the Legislature for future

26  program and funding priorities in the child welfare system.

27         (4)(a)  The community-based agency must comply with

28  statutory requirements and agency rules regulations in the

29  provision of contractual services. Each foster home,

30  therapeutic foster home, emergency shelter, or other placement

31  facility operated by the community-based agency or agencies

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                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3217

    Amendment No.     (for drafter's use only)





 1  must be licensed by the Department of Children and Family

 2  Services under chapter 402 or this chapter. Each

 3  community-based agency must be licensed as a child-caring or

 4  child-placing agency by the department under this chapter. The

 5  department, in order to eliminate or reduce the number of

 6  duplicate inspections by various program offices, shall

 7  coordinate inspections required pursuant to licensure of

 8  agencies under this section.

 9         (b)  A community-based agency providing contractual

10  services under this section may be issued a Medicaid provider

11  number pursuant to s. 409.907 to enable the agency to maximize

12  federal support for these services under the state's Medicaid

13  plan. A community-based agency must also participate in and

14  cooperate with any federal program that will assist in the

15  maximization of federal support for those services, as

16  directed by the department.

17         (5)  Beginning January 1, 1999, and continuing at least

18  through December 31, 1999, the Department of Children and

19  Family Services shall privatize all foster care and related

20  services in district 6 while continuing to contract with the

21  current model programs in districts 1, 4, and 13, and in

22  subdistrict 8A, and shall expand the subdistrict 8A pilot

23  program to incorporate Manatee County. Planning for the

24  district 6 privatization shall be done by providers that are

25  currently under contract with the department for foster care

26  and related services and shall be done in consultation with

27  the department.  A lead provider of the district 6 program

28  shall be competitively selected and must demonstrate the

29  ability to provide necessary comprehensive services through a

30  local network of providers Beginning in fiscal year 1996-1997,

31  the Department of Children and Family Services shall establish

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                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3217

    Amendment No.     (for drafter's use only)





 1  a minimum of five model programs. These models must be

 2  established in the department's districts 1, 4, and 13; in

 3  subdistrict 8A; and in a fifth district to be determined by

 4  the department, with the concurrence of the appropriate

 5  district health and human services board. For comparison of

 6  privatization savings, the fifth model program must be

 7  contracted with a competent for-profit corporation.  Providers

 8  of these model programs may be selected from a single source

 9  pursuant to s. 287.057(3)(c) and must be established,

10  community-based organizations within the district or

11  subdistrict. Contracts with organizations responsible for the

12  model programs must shall include the management and

13  administration of all privatized services specified in

14  subsection (1), except for funds necessary to manage the

15  contract. However, the department may use funds for contract

16  management only after obtaining written approval from the

17  Executive Office of the Governor. The request for such

18  approval must include, but is not limited to, a statement of

19  the proposed amount of such funds and a description of the

20  manner in which such funds will be used. If the

21  community-based organization selected for a model program

22  under this subsection is not a Medicaid provider, the

23  organization shall be issued a Medicaid provider number

24  pursuant to s. 409.907 for the provision of services currently

25  authorized under the state Medicaid plan to those children

26  encompassed in this model and in a manner not to exceed the

27  current level of state expenditure.

28         (6)  Each district and subdistrict that participates in

29  the model program effort or any future privatization effort as

30  described in this section must thoroughly analyze and report

31  the complete direct and indirect costs of delivering these

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                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3217

    Amendment No.     (for drafter's use only)





 1  services through the department and the full cost of

 2  privatization, including the cost of monitoring and evaluating

 3  the contracted services.

 4         Section 2.  Section 415.5071, Florida Statutes, is

 5  created to read:

 6         415.5071  Sheriff of Hillsborough County to provide

 7  child protective investigative services; procedures;

 8  funding.--

 9         (1)  As described in this section, the Department of

10  Children and Family Services shall, by the end of fiscal year

11  1999-2000, transfer all responsibility for child protective

12  investigations for Hillsborough County to the sheriff of that

13  county in which the child abuse, neglect, or abandonment is

14  alleged to have occurred. The sheriff is responsible for the

15  provision of all child protective investigations in his or her

16  county. Each individual who provides these services must

17  complete the training provided to and required of protective

18  investigators employed by the Department of Children and

19  Family Services.

20         (2)  During fiscal year 1998-1999, the Department of

21  Children and Family Services and the sheriff's office shall

22  enter into a contract for the provision of these services.

23  Funding for the services will be appropriated to the

24  Department of Children and Family Services, and the department

25  shall transfer to the sheriff for the duration of fiscal year

26  1998-1999, funding for the investigative responsibilities

27  assumed by the sheriff, including federal funds that the

28  provider is eligible for and agrees to earn and that portion

29  of general revenue funds which is currently associated with

30  the services that are being furnished under contract, and

31  including, but not limited to, funding for all investigative,

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                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3217

    Amendment No.     (for drafter's use only)





 1  supervisory, and clerical positions; training; all associated

 2  equipment; furnishings; and other fixed capital items. The

 3  contract must specify whether the department will continue to

 4  perform part or none of the child protective investigations

 5  during the initial year. The sheriff may either conduct the

 6  investigations themselves or may, in turn, subcontract with

 7  municipal officials or private agencies to have those

 8  officials or agencies conduct the investigations. The contract

 9  must specify whether the services are to be performed by

10  departmental employees or by an agency or persons determined

11  by the sheriff. During this initial year, the department is

12  responsible for quality assurance, and the department retains

13  the responsibility for the performance of all child protective

14  investigations. The department must identify any barriers to

15  transferring the entire responsibility for child protective

16  services to the sheriffs' office and must pursue avenues for

17  removing any such barriers by means including, but not limited

18  to, applying for federal waivers. By January 15, 1999, the

19  department shall submit to the President of the Senate, the

20  Speaker of the House of Representatives, and the chairs of the

21  Senate and House committees that oversee departmental

22  activities a report that describes any remaining barriers,

23  including any that pertain to funding and related

24  administrative issues. Unless the Legislature, on the basis of

25  that report or other pertinent information, acts to block a

26  transfer of the entire responsibility for child protective

27  investigations to the sheriffs' office, the sheriff of

28  Hillsborough County, beginning in fiscal year 1999-2000, shall

29  assume the entire responsibility for such services, as

30  provided in subsection (3).

31         (3)(a)  Beginning in fiscal year 1999-2000, the sheriff

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                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3217

    Amendment No.     (for drafter's use only)





 1  of Hillsborough County has the responsibility to provide all

 2  child protective investigations in their respective counties.

 3         (b)  The sheriff of Hillsborough County shall operate,

 4  at a minimum, in accordance with the performance standards

 5  established by the Legislature for protective investigations

 6  conducted by the Department of Children and Family Services.

 7         (c)  Funds for providing child protective

 8  investigations in Hillsborough County must be appropriated

 9  directly to the sheriffs' office.  Funds for the child

10  protective investigations may not be integrated into the

11  sheriffs' regular budgets. Budgetary data and other data

12  relating to the performance of child protective investigations

13  must be maintained  separately from all other records of the

14  sheriffs' offices.

15         (d)  Program performance evaluation shall be based on

16  criteria mutually agreed upon by the sheriff and a committee

17  of five persons appointed by the Governor and selected from

18  those persons serving on the Department of Children and Family

19  Services district 6 Health and Human Services Board.  Four of

20  the Governor's appointees must be residents of Hillsborough

21  County.  Such appointees shall serve at the pleasure of the

22  Governor.  The individuals appointed must have demonstrated

23  experience in outcome evaluation, social service areas of

24  protective investigation, or child welfare supervision.  The

25  committee shall submit an annual report regarding quality

26  performance, outcome measure attainment and cost efficiency,

27  to the President of the Senate, the Speaker of the House of

28  Representatives, and to the Governor, no later than January 31

29  of each year the sheriff is receiving general appropriations

30  to provide child protective investigations.

31         Section 3.    Subsection (2) of Section 768.28, Florida

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                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3217

    Amendment No.     (for drafter's use only)





 1  Statutes, is amended to read:

 2         (2)  As used in this act, "state agencies or

 3  subdivisions" include the executive departments, the

 4  Legislature, the judicial branch (including public defenders),

 5  and the independent establishments of the state; counties and

 6  municipalities; community-based agencies that have contracted

 7  with the Department of Children and Family Services pursuant

 8  to s. 409.1671 or s. 415.5071; and corporations primarily

 9  acting as instrumentalities or agencies of the state,

10  counties, or municipalities, including the Spaceport Florida

11  Authority.

12         Section 4.  This act shall take  effect July 1 of the

13  year in which enacted.

14

15

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

17  And the title is amended as follows:

18  remove:  everything before the enacting clause

19

20  and insert in lieu thereof:

21                      A bill to be entitled

22         An act relating to the privatization of foster

23         care and related services; amending s.

24         409.1671, F.S.; providing legislative intent;

25         defining the terms "privatize" and "related

26         services"; requiring the Department of Children

27         and Family Services to develop a plan to

28         accomplish statewide privatization within a

29         specified time period and to submit the plan to

30         the Governor and to designated legislative

31         officials by a specified date; providing plan

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                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3217

    Amendment No.     (for drafter's use only)





 1         requirements; requiring the department to state

 2         whether and why privatization cannot be

 3         accomplished in a particular district or

 4         portion of a district and how the department

 5         will address the obstacles to privatization;

 6         providing for legal services; requiring that

 7         child welfare legal services be provided by

 8         specified providers; providing for case

 9         management responsibilities; providing for

10         quality assurance; providing requirements for

11         and restrictions upon funding for

12         privatization; creating s. 415.5071, F.S.;

13         providing for a model program for child

14         protective investigative services, to be

15         initiated in a specified district; requiring

16         the department to contract with the sheriff in

17         that district; providing responsibilities of

18         the department; requiring a report; providing

19         for funding; providing for the creation of a

20         specified committee which shall submit a

21         required report; amending s. 768.28, Florida

22         Statutes; amending the definition of the term

23         "state agencies or subdivisions" with respect

24         to specified agencies; providing an effective

25         date.

26

27

28

29

30

31

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