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