CODING: Words stricken are deletions; words underlined are additions.An Amendment to Senate s0352 1998 H Senator Brown-Waite moved the following amendment: On page 0, SENATE AMENDMENT Bill No. SB 352 Amendment No. CHAMBER ACTION Senate House . . 1 . . 2 . . 3 . . 4 5 6 7 8 9 10 11 Senator Brown-Waite moved the following amendment: 12 13 Senate Amendment (with title amendment) 14 On page 0, delete everything after the enacting clause 15 16 and insert: 17 Section 1. Subsections (1) and (5) and paragraph (a) 18 of subsection (3) of section 409.1671, Florida Statutes, are 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 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 over a 3-year period, beginning July 30 1, 1999. This plan is to be submitted by January 1, 1999, to 31 the President of the Senate, the Speaker of the House of 1 3:29 PM 01/27/98 s0352c-10j02 SENATE AMENDMENT Bill No. SB 352 Amendment No. 1 Representatives, the Governor, and the Minority leaders of 2 both houses. This plan must be developed with local community 3 participation, including input from community-based providers 4 that are currently furnishing community-based care, and must 5 include a methodology for determining funds available for the 6 privatization projects. This methodology must incorporate 100 7 percent of the funds appropriated and budgeted for all 8 services and programs that have been incorporated into the 9 project. In addition, the methodology must incorporate all 10 management, capital (including current furniture and 11 equipment), and administrative funds associated with these 12 services. This methodology must address expected workload and 13 at least the 3 previous years' experience in expenses and 14 workload. By privatizing these services, the support and 15 commitment of communities to the reunification of families and 16 care of children and their families will be strengthened, and 17 efficiencies as well as increased accountability will be 18 gained. As used in this section, the term "related These 19 services" means may include family preservation, independent 20 living, emergency shelter, residential group care, foster 21 care, therapeutic foster care, intensive residential 22 treatment, postadjudication legal services, foster care 23 supervision, postadjudication case management, postplacement 24 supervision, permanent foster care, family reunification, the 25 filing of a petition for the termination of parental rights, 26 and adoption. With respect to any district in which 27 privatization is not feasible for economic or other reasons, 28 the department must clearly state in its plan the reasons for 29 the infeasibility and the efforts that the department will 30 undertake to remediate the obstacles. When a private, 31 nonprofit agency has received case management 2 3:29 PM 01/27/98 s0352c-10j02 SENATE AMENDMENT Bill No. SB 352 Amendment No. 1 responsibilities, transferred from the state, under this 2 section, for a child who is sheltered or found to be dependent 3 and is assigned to the care of the privatization project, the 4 agency may act as the child's guardian for the purpose of 5 registering the child in school if a parent or guardian of the 6 child is unavailable and his or her whereabouts cannot 7 reasonably be ascertained. The private nonprofit agency may 8 also seek emergency medical attention for such a child, but 9 only if a parent or guardian of the child is unavailable, his 10 or her whereabouts cannot reasonably be ascertained, and a 11 court order for such emergency medical services cannot be 12 obtained because of the severity of the emergency or because 13 it is after normal working hours. However, the department may 14 not consent to sterilization, abortion, or termination of life 15 support. If a child's parents' rights have been terminated, 16 the nonprofit agency shall act as guardian of the child in all 17 circumstances. 18 (3)(a) The department shall establish a quality 19 assurance program for the privatization of services. The 20 quality assurance program must not be funded from moneys that 21 the department currently uses to fund include standards for 22 each specific component of these services. This program must 23 be developed at a statewide level and may not be replicated in 24 each of the departmental districts. The department, in 25 consultation with the community-based agencies that are 26 undertaking the privatized projects, shall establish minimum 27 thresholds for each component. Each program operated under 28 pursuant to contract with a community-based agency must be 29 evaluated annually by the department or by an objective 30 competent entity designated by the department under the 31 provisions of the quality assurance program. The evaluation 3 3:29 PM 01/27/98 s0352c-10j02 SENATE AMENDMENT Bill No. SB 352 Amendment No. 1 must be financed from cost savings associated with the 2 privatization of services. The department shall submit an 3 annual report regarding quality performance, outcome measure 4 attainment, and cost efficiency to the President of the 5 Senate, the Speaker of the House of Representatives, the 6 Minority leader of each house of the Legislature, and the 7 Governor no later than January 31 of each year for each 8 project in operation during the preceding fiscal year, 9 beginning in 1998. The quality assurance program must be 10 funded through administrative savings generated by this act. 11 (5) In fiscal year 1998-1999, the Department of 12 Children and Family Services shall privatize all foster care 13 and related services in district 5 while continuing to 14 maintain the current model programs in districts 1, 4, and 13, 15 and in subdistrict 8A; shall expand the subdistrict 8A pilot 16 program to incorporate the entire 12th Judicial Circuit and 17 postadjudication legal services; and shall expand the district 18 13 pilot project to incorporate postadjudication legal 19 services. Beginning in fiscal year 1996-1997, the Department 20 of Children and Family Services shall establish a minimum of 21 five model programs. These models must be established in the 22 department's districts 1, 4, and 13; in subdistrict 8A; and in 23 a fifth district to be determined by the department, with the 24 concurrence of the appropriate district health and human 25 services board. For comparison of privatization savings, the 26 fifth model program must be contracted with a competent 27 for-profit corporation. The provider or providers of the 28 district 5 these model programs may be selected from a single 29 source pursuant to s. 287.057(3)(c) and must be an 30 established, community-based organization or organizations 31 within the state district or subdistrict. Contracts with 4 3:29 PM 01/27/98 s0352c-10j02 SENATE AMENDMENT Bill No. SB 352 Amendment No. 1 organizations responsible for the model programs must shall 2 include the management and administration of all privatized 3 services specified in subsection (1), except for funds 4 necessary to manage the contract. If the community-based 5 organization selected for a model program under this 6 subsection is not a Medicaid provider, the organization shall 7 be issued a Medicaid provider number pursuant to s. 409.907 8 for the provision of services currently authorized under the 9 state Medicaid plan to those children encompassed in this 10 model and in a manner not to exceed the current level of state 11 expenditure. Each district and subdistrict that participates 12 in the model program effort or any future privatization effort 13 as described in this section must thoroughly analyze and 14 report the complete direct and indirect costs of delivering 15 these services through the department and the full cost of 16 privatization, including the cost of monitoring and evaluating 17 the contracted services. 18 Section 2. Subsection (14) of section 409.175, Florida 19 Statutes, is amended to read: 20 409.175 Licensure of family foster homes, residential 21 child-caring agencies, and child-placing agencies.-- 22 (14)(a) The Division of Risk Management of the 23 Department of Insurance shall provide coverage through the 24 Department of Children and Family Services to any person who 25 owns or operates a family foster home solely for the 26 Department of Children and Family Services and who is licensed 27 to provide family foster home care in her or his place of 28 residence and shall provide such coverage for community-based 29 agencies that provide foster care and related services under 30 s. 409.1671. The coverage shall be provided from the general 31 liability account of the Florida Casualty Insurance Risk 5 3:29 PM 01/27/98 s0352c-10j02 SENATE AMENDMENT Bill No. SB 352 Amendment No. 1 Management Trust Fund, and the coverage shall be primary. The 2 coverage is limited to general liability claims arising from 3 the provision of family foster home care pursuant to an 4 agreement with the department and pursuant to guidelines 5 established through policy, rule, or statute. Coverage shall 6 be limited as provided in ss. 284.38 and 284.385, and the 7 exclusions set forth therein, together with other exclusions 8 as may be set forth in the certificate of coverage issued by 9 the trust fund, shall apply. A person covered under the 10 general liability account pursuant to this subsection shall 11 immediately notify the Division of Risk Management of the 12 Department of Insurance of any potential or actual claim. 13 (b) This subsection may not be construed as 14 designating or not designating that a person who owns or 15 operates a family foster home as described in this subsection 16 or any other person is an employee or agent of the state or 17 that community-based agencies providing foster care and 18 related services under s. 409.1671 are employees or agents of 19 the state. Nothing in this subsection amends, expands, or 20 supersedes the provisions of s. 768.28. 21 Section 3. Section 415.5071, Florida Statutes, is 22 created to read: 23 415.5071 Sheriffs of Pasco and Pinellas Counties to 24 provide child protective services; procedures; funding.-- 25 (1) The Department of Children and Family Services 26 shall transfer all child protective investigations for 27 Pinellas County and Pasco County to the sheriff of that county 28 in which the child abuse, neglect, or exploitation is alleged 29 to have occurred. Each sheriff is responsible for the 30 provision of all child protective investigations in his or her 31 county. 6 3:29 PM 01/27/98 s0352c-10j02 SENATE AMENDMENT Bill No. SB 352 Amendment No. 1 (2) During fiscal year 1998-1999, the Department of 2 Children and Family Services and each sheriff's office shall 3 enter into a contract that specifies how these services must 4 be provided. Funding for the services will be appropriated to 5 the Department of Children and Family Services, and the 6 department shall transfer to the respective sheriffs funding 7 for the investigative responsibilities assumed by the 8 sheriffs, including, but not limited to, funding for all 9 investigative, supervisory, and clerical positions; training; 10 all associated equipment; furnishings; and other fixed capital 11 items. The contract must specify whether the department will 12 continue to perform part or none of the child protective 13 investigations during the initial year. The sheriffs may 14 either conduct the investigations themselves or may, in turn, 15 subcontract with municipal officials to have those officials 16 conduct the investigations. The contract must specify whether 17 the services are to be performed by departmental employees or 18 by an agency or persons determined by the sheriff. During this 19 initial year, the department is responsible for quality 20 control, and the department retains the responsibility for the 21 performance of all child protective investigations. The 22 department must identify any barriers to transferring the 23 entire responsibility for child protective services to the 24 sheriffs' offices and must pursue avenues for removing any 25 such barriers by means including, but not limited to, applying 26 for federal waivers. By January 15, 1999, the department shall 27 submit to the President of the Senate, the Speaker of the 28 House of Representatives, and the chairs of the Senate and 29 House committees that oversee departmental activities a report 30 that describes any remaining barriers. Unless the Legislature, 31 on the basis of that report or other pertinent information, 7 3:29 PM 01/27/98 s0352c-10j02 SENATE AMENDMENT Bill No. SB 352 Amendment No. 1 acts to block a transfer of the entire responsibility for 2 child protective services to the sheriffs' offices, the 3 sheriffs of Pasco County and Pinellas County, beginning in 4 fiscal year 1999-2000, shall assume the entire responsibility 5 for such services, as provided in subsection (3). 6 (3)(a) Beginning in fiscal year 1999-2000, the 7 sheriffs of Pasco County and Pinellas County have the 8 responsibility to provide all child protective investigations 9 in their respective counties. 10 (b) The sheriffs of Pasco County and Pinellas County 11 shall operate, at a minimum, in accordance with the 12 performance standards in effect for the Department of Children 13 and Family Services on July 1, 1998. 14 (c) Funds for providing child protective services in 15 Pasco County and Pinellas County must be appropriated directly 16 to the respective sheriffs' offices. County funding may not 17 be used for operating the units that conduct child protective 18 services, nor may any funds for the child protective services 19 be integrated into the sheriffs' regular budgets. Budgetary 20 data and other data relating to the performance of child 21 protective services must be maintained separately from all 22 other records of the sheriffs' offices. 23 Section 4. This act shall take effect July 1, 1998. 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 Delete everything before the enacting clause 29 30 and insert: 31 A bill to be entitled 8 3:29 PM 01/27/98 s0352c-10j02 SENATE AMENDMENT Bill No. SB 352 Amendment No. 1 An act relating to the privatization of foster 2 care and related services; amending s. 3 409.1671, F.S.; providing legislative intent; 4 defining the terms "privatize" and "related 5 services"; requiring the Department of Children 6 and Family Services to develop a plan to 7 accomplish statewide privatization within a 8 specified time period and to submit the plan to 9 the Governor and to designated legislative 10 officials by a specified date; requiring the 11 department to state whether and why 12 privatization is infeasible in a particular 13 district and how the department will address 14 the obstacles to its feasibility; providing 15 requirements for and restrictions upon funding 16 for privatization; amending s. 409.175, F.S.; 17 providing for insurance coverage for 18 community-based agencies that provide foster 19 care and related services; creating s. 20 415.5071, F.S.; providing for a model program 21 to be initiated in a specified district; 22 requiring the department to contract with the 23 sheriffs in that district for the provision of 24 protective investigative services; providing 25 for funding; providing an effective date. 26 27 28 29 30 31 9 3:29 PM 01/27/98 s0352c-10j02