Senate Bill 2120c1

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    Florida Senate - 1999                           CS for SB 2120

    By the Committee on Children and Families; and Senators
    Dawson-White and Forman




    300-2107A-99

  1                      A bill to be entitled

  2         An act relating to infant and early childhood

  3         development; amending s. 230.2305, F.S.;

  4         providing for program curriculum under the

  5         prekindergarten early intervention program to

  6         include music therapy services; amending s.

  7         391.305, F.S.; including music therapy services

  8         in the developmental evaluation and

  9         intervention program for high-risk and disabled

10         infants and toddlers; amending s. 393.064,

11         F.S.; including music therapy services in early

12         intervention services for high-risk and

13         developmentally disabled children under the

14         developmental services program; amending s.

15         393.066, F.S.; requiring community-based

16         services for the developmentally disabled to

17         include music therapy services for infants and

18         toddlers; amending s. 402.25, F.S.; providing

19         for music therapy in the brain development

20         activities for infants and toddlers in

21         state-funded education and care programs;

22         amending s. 411.203, F.S.; requiring the

23         interagency continuum of comprehensive services

24         coordinated by Departments of Education,

25         Health, and Children and Family Services to

26         include music therapy services for high-risk

27         and handicapped infants and children; amending

28         s. 411.232, F.S.; providing that additional

29         services under the Children's Early Investment

30         Program may include music therapy services;

31         providing an effective date.

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    Florida Senate - 1999                           CS for SB 2120
    300-2107A-99




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

  2

  3         Section 1.  Present paragraphs (d) through (k) of

  4  subsection (3) of section 230.2305, Florida Statutes, are

  5  redesignated as paragraphs (e) through (l), respectively, and

  6  a new paragraph (d) is added to that section, to read:

  7         230.2305  Prekindergarten early intervention program.--

  8         (3)  STANDARDS.--

  9         (d)  The program curriculum may include music therapy

10  services for the purpose of maximizing individual potential

11  and preventing developmental delays.

12         Section 2.  Subsection (4) of section 391.305, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         391.305  Program standards; rules.--The Department of

15  Health shall adopt rules for the administration of the

16  developmental evaluation and intervention program. The rules

17  shall specify standards for the development and operation of

18  the program, including, but not limited to:

19         (4)  Minimum developmental evaluation and intervention

20  and support services, which may include music therapy services

21  for the purpose of maximizing individual potential and

22  preventing further developmental delays.

23         Section 3.  Paragraph (a) of subsection (2) of section

24  393.064, Florida Statutes, is amended to read:

25         393.064  Prevention.--

26         (2)  Prevention services provided by the developmental

27  services program include services to high-risk and

28  developmentally disabled children from birth to 5 years of

29  age, and their families, to meet the intent of chapter 411.

30  Such services shall include individual evaluations or

31  assessments necessary to diagnose a developmental disability

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    Florida Senate - 1999                           CS for SB 2120
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  1  or high-risk condition and to determine appropriate individual

  2  family and support services, unless evaluations or assessments

  3  are the responsibility of the children's medical services

  4  program for children ages birth to 3 years eligible for

  5  services under this chapter or part H of the Individuals with

  6  Disabilities Education Act, and may include:

  7         (a)  Early intervention services, including

  8  developmental training, and specialized therapies, and music

  9  therapy services for the purpose of maximizing individual

10  potential and preventing further developmental delays. Early

11  intervention services, which are the responsibility of the

12  children's medical services program for children ages birth to

13  3 years who are eligible for services under this chapter or

14  under part H of the Individuals with Disabilities Education

15  Act, shall not be provided through the developmental services

16  program unless funding is specifically appropriated to the

17  developmental services program for this purpose.

18         Section 4.  Subsection (1) of section 393.066, Florida

19  Statutes, 1998 Supplement, is amended, and paragraph (p) is

20  added to subsection (4) of that section, to read:

21         393.066  Community services and treatment for persons

22  who are developmentally disabled.--

23         (1)  The Department of Children and Family Health and

24  Rehabilitative Services shall plan, develop, organize, and

25  implement its programs of services and treatment for persons

26  who are developmentally disabled along district lines.  The

27  goal of such programs shall be to allow clients to live as

28  independently as possible in their own homes or communities

29  and to achieve productive lives as close to normal as

30  possible.

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    Florida Senate - 1999                           CS for SB 2120
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  1         (4)  Community-based services shall, to the extent of

  2  available resources, include:

  3         (p)  Music therapy services for infants and toddlers,

  4  for the purpose of maximizing individual potential and

  5  preventing further developmental delays.

  6

  7  Services to clients with spina bifida shall not include

  8  medical services except as appropriated by the Legislature.

  9         Section 5.  Section 402.25, Florida Statutes, 1998

10  Supplement, is amended to read:

11         402.25  Infants and toddlers in state-funded education

12  and care programs; brain development activities.--Each

13  state-funded education and care program for children from

14  birth to 5 years of age must provide activities to foster

15  brain development in infants and toddlers. A program must

16  provide an environment rich in language and music and filled

17  with objects of various colors, shapes, textures, and sizes to

18  stimulate visual, tactile, auditory, and linguistic senses in

19  the children and must include classical music and may include

20  music therapy for the purpose of maximizing individual

21  potential and preventing developmental delays, and at least 30

22  minutes of reading to the children each day. A program may be

23  offered through an existing early childhood program such as

24  Healthy Start, the Title I program, contracted or directly

25  operated subsidized child care, the prekindergarten early

26  intervention program, Florida First Start, the Head Start

27  program, or a private child care program. A program must

28  provide training for the infants' and toddlers' parents

29  including direct dialogue and interaction between teachers and

30  parents demonstrating the urgency of brain development in the

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    Florida Senate - 1999                           CS for SB 2120
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  1  first year of a child's life. Family day care centers are

  2  encouraged, but not required, to comply with this section.

  3         Section 6.  Section 411.203, Florida Statutes, is

  4  amended to read:

  5         411.203  Continuum of comprehensive services.--The

  6  Department of Education, the Department of Health, and the

  7  Department of Children and Family Health and Rehabilitative

  8  Services shall utilize the continuum of prevention and early

  9  assistance services for high-risk pregnant women and for

10  high-risk and handicapped children and their families, as

11  outlined in this section, as a basis for the intraagency and

12  interagency program coordination, monitoring, and analysis

13  required in this chapter.  The continuum shall be the guide

14  for the comprehensive statewide approach for services for

15  high-risk pregnant women and for high-risk and handicapped

16  children and their families, and may be expanded or reduced as

17  necessary for the enhancement of those services.  Expansion or

18  reduction of the continuum shall be determined by intraagency

19  or interagency findings and agreement, whichever is

20  applicable. Implementation of the continuum shall be based

21  upon applicable eligibility criteria, availability of

22  resources, and interagency prioritization when programs impact

23  both agencies, or upon single agency prioritization when

24  programs impact only one agency.  The continuum shall include,

25  but not be limited to:

26         (1)  EDUCATION AND AWARENESS.--

27         (a)  Education of the public concerning, but not

28  limited to, the causes of handicapping conditions, normal and

29  abnormal child development, the benefits of abstinence from

30  sexual activity, and the consequences of teenage pregnancy.

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    Florida Senate - 1999                           CS for SB 2120
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  1         (b)  Education of professionals and paraprofessionals

  2  concerning, but not limited to, the causes of handicapping

  3  conditions, normal and abnormal child development, parenting

  4  skills, the benefits of abstinence from sexual activity, and

  5  the consequences of teenage pregnancy, through preservice and

  6  inservice training, continuing education, and required

  7  postsecondary coursework.

  8         (2)  INFORMATION AND REFERRAL.--

  9         (a)  Providing information about available services and

10  programs to families of high-risk and handicapped children.

11         (b)  Providing information about service options and

12  providing technical assistance to aid families in the

13  decisionmaking process.

14         (c)  Directing the family to appropriate services and

15  programs to meet identified needs.

16         (3)  CASE MANAGEMENT.--

17         (a)  Arranging and coordinating services and activities

18  for high-risk pregnant women, and for high-risk children and

19  their families, with identified service providers.

20         (b)  Providing appropriate casework services to

21  pregnant women and to high-risk children and their families.

22         (c)  Advocating for pregnant women and for children and

23  their families.

24         (4)  SUPPORT SERVICES PRIOR TO PREGNANCY.--

25         (a)  Basic needs, such as food, clothing, and shelter.

26         (b)  Health education.

27         (c)  Family planning services, on a voluntary basis.

28         (d)  Counseling to promote a healthy, stable, and

29  supportive family unit, to include, but not be limited to,

30  financial planning, stress management, and educational

31  planning.

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    Florida Senate - 1999                           CS for SB 2120
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  1         (5)  MATERNITY AND NEWBORN SERVICES.--

  2         (a)  Comprehensive prenatal care, accessible to all

  3  pregnant women and provided for high-risk pregnant women.

  4         (b)  Adoption counseling for unmarried pregnant

  5  teenagers.

  6         (c)  Nutrition services for high-risk pregnant women.

  7         (d)  Perinatal intensive care.

  8         (e)  Delivery services for high-risk pregnant women.

  9         (f)  Postpartum care.

10         (g)  Nutrition services for lactating mothers of

11  high-risk children.

12         (h)  A new mother information program at the birth

13  site, to provide an informational brochure about

14  immunizations, normal child development, abuse avoidance and

15  appropriate parenting strategies, family planning, and

16  community resources and support services for all parents of

17  newborns and to schedule Medicaid-eligible infants for a

18  health checkup.

19         (i)  Appropriate screenings, to include, but not be

20  limited to, metabolic screening, sickle-cell screening,

21  hearing screening, developmental screening, and categorical

22  screening.

23         (j)  Followup family planning services for high-risk

24  mothers and mothers of high-risk infants.

25         (6)  HEALTH AND NUTRITION SERVICES FOR PRESCHOOL

26  CHILDREN.--

27         (a)  Preventive health services for all preschool

28  children.

29         (b)  Nutrition services for all preschool children,

30  including, but not limited to, the Child Care Food Program and

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    Florida Senate - 1999                           CS for SB 2120
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  1  the Special Supplemental Food Program for Women, Infants, and

  2  Children.

  3         (c)  Medical care for seriously medically impaired

  4  preschool children.

  5         (d)  Cost-effective quality health care alternatives

  6  for medically involved preschool children, in or near their

  7  homes.

  8         (7)  EDUCATION, EARLY ASSISTANCE, AND RELATED SERVICES

  9  FOR HIGH-RISK CHILDREN AND THEIR FAMILIES.--

10         (a)  Early assistance, including, but not limited to,

11  developmental assistance programs, parent support and training

12  programs, and appropriate followup assistance services, for

13  handicapped and high-risk infants and their families.

14         (b)  Special education and related services for

15  handicapped children.

16         (c)  Education, early assistance, and related services

17  for high-risk children.

18         (d)  Music therapy services for the purpose of

19  maximizing individual potential and preventing further

20  developmental delays for handicapped and high-risk infants and

21  children.

22         (8)  SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND

23  PARENTS OF HIGH-RISK CHILDREN.--

24         (a)  Nonmedical prenatal and support services for

25  pregnant teenagers and other high-risk pregnant women.

26         (b)  Child care and early childhood programs,

27  including, but not limited to, subsidized child care, licensed

28  nonsubsidized child care, family day care homes, therapeutic

29  child care, Head Start, and preschool programs in public and

30  private schools.

31         (c)  Parent education and counseling.

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    Florida Senate - 1999                           CS for SB 2120
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  1         (d)  Transportation.

  2         (e)  Respite care, homemaker care, crisis management,

  3  and other services that allow families of high-risk children

  4  to maintain and provide quality care to their children at

  5  home.

  6         (f)  Parent support groups, such as the community

  7  resource mother or father program as established in s. 402.45,

  8  the Florida First Start Program as established in s. 230.2303,

  9  or parents as first teachers, to strengthen families and to

10  enable families of high-risk children to better meet their

11  needs.

12         (g)  Utilization of the elderly, either as volunteers

13  or paid employees, to work with high-risk children.

14         (h)  Utilization of high school and postsecondary

15  students as volunteers to work with high-risk children.

16         (9)  MANAGEMENT SYSTEMS AND PROCEDURES.--

17         (a)  Resource information systems on services and

18  programs available for families.

19         (b)  Registry of high-risk newborns and newborns with

20  birth defects, which utilizes privacy safeguards for children

21  and parents who are subjects of the registry.

22         (c)  Local registry of preschoolers with high-risk or

23  handicapping conditions, which utilizes privacy safeguards for

24  children and parents who are subjects of the registry.

25         (d)  Information sharing system among the Department of

26  Children and Family Health and Rehabilitative Services, the

27  Department of Education, local education agencies, and other

28  appropriate entities, on children eligible for services.

29  Information may be shared when parental or guardian permission

30  has been given for release.

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    Florida Senate - 1999                           CS for SB 2120
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  1         (e)  Well-baby insurance for preschoolers included in

  2  the family policy coverage.

  3         (f)  Evaluation, to include:

  4         1.  Establishing child-centered and family-focused

  5  goals and objectives for each element of the continuum.

  6         2.  Developing a system to report child and family

  7  outcomes and program effectiveness for each element of the

  8  continuum.

  9         (g)  Planning for continuation of services, to include:

10         1.  Individual and family service plan by an

11  interdisciplinary team, for the transition from birth or the

12  earliest point of identification of a high-risk infant or

13  toddler into an early assistance, preschool program for

14  3-year-olds or 4-year-olds, or other appropriate programs.

15         2.  Individual and family service plan by an

16  interdisciplinary team, for the transition of a high-risk

17  preschool child into a public or private school system.

18         Section 7.  Paragraph (b) of subsection (3), paragraph

19  (a) of subsection (4), and subsection (6) of section 411.232,

20  Florida Statutes, are amended to read:

21         411.232  Children's Early Investment Program.--

22         (3)  ESSENTIAL ELEMENTS.--

23         (b)  While a flexible range of services is essential in

24  the implementation of this act, the following services shall

25  be considered the core group of services:

26         1.  Adequate prenatal care;

27         2.  Health services to the at-risk young children and

28  their families;

29         3.  Infant and child care services;

30         4.  Parenting skills training;

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    Florida Senate - 1999                           CS for SB 2120
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  1         5.  Education or training opportunities appropriate for

  2  the family; and

  3         6.  Economic support.

  4

  5  Additional services may include, without limitation, alcohol

  6  and drug abuse treatment, mental health services, music

  7  therapy services for the purpose of maximizing individual

  8  potential and preventing developmental delays, housing

  9  assistance, transportation, and nutrition services.

10         (4)  IMPLEMENTATION.--

11         (a)  The Department of Children and Family Health and

12  Rehabilitative Services or its designee shall implement the

13  Children's Early Investment Program using the criteria

14  provided in this section.  The department or its designee

15  shall evaluate and select the programs and sites to be funded

16  initially. The initial contract awards must be made no later

17  than January 15, 1990.  No more than one of each of the

18  following prototypes may be selected among the first sites to

19  be funded:

20         1.  A program based in a county health department;

21         2.  A program based in an office of the Department of

22  Health and Rehabilitative Services;

23         3.  A program based in a local school district;

24         4.  A program based in a local board or council that is

25  responsible for coordinating and managing community resources

26  from revenue sources earmarked for helping children and

27  meeting their needs;

28         5.  A program based in a local, public or private,

29  not-for-profit provider of services to children and their

30  families; and

31         6.  A program based in a local government.

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    Florida Senate - 1999                           CS for SB 2120
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  1         (6)  RULES FOR IMPLEMENTATION.--The Department of

  2  Children and Family Health and Rehabilitative Services shall

  3  adopt rules necessary to implement this section.

  4         Section 8.  This act shall take effect October 1, 1999.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 2120

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  9  Allowing, rather than requiring, music therapy in the
    prekindergarten early intervention program and in the brain
10  development activities for infants and toddlers.

11  Requires the interagency continuum of comprehensive services
    be coordinated by the Departments of Education, Health, and
12  Children and Family Services.

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