Senate Bill 0660e1
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 A bill to be entitled
2 An act relating to foster care and related
3 services; amending s. 216.136, F.S.; requiring
4 the Child Welfare System Estimating Conference
5 to include forecasts of child welfare caseloads
6 within the information it generates; providing
7 for inclusion of additional classes of children
8 in need of care among estimates; amending s.
9 409.1671, F.S.; providing that the Legislature
10 does not intend to require local governments to
11 fund foster care and related services
12 previously funded by the state; providing for
13 distribution of documented federal funds in
14 excess of amounts appropriated by the
15 Legislature; providing uses for such funds;
16 providing for a review of the distribution
17 program and a report; designating Broward
18 County for either the state attorney or
19 Attorney General to provide child welfare legal
20 services; requiring community-based providers
21 and their subcontractors to obtain certain
22 liability insurance; prescribing limits on
23 liability; prescribing immunity of employees of
24 providers and their subcontractors; defining
25 the term "culpable negligence"; declaring
26 legislative intent with respect to inflationary
27 increases in liability amounts; providing for
28 hiring preference for state employees;
29 prescribing requirements for preschool foster
30 homes; changing the date for privatization of
31 foster care and related services in district 5;
1
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 amending s. 409.906, F.S.; authorizing the
2 Agency for Health Care Administration to
3 establish a targeted case-management pilot
4 project within certain counties; providing for
5 the pilot project to determine the impact of
6 targeted case-management services; providing
7 for eligibility for coverage under the pilot
8 project; providing certain limitations on
9 funding; providing for severability; amending
10 s. 39.013, F.S.; providing for circuit court
11 jurisdiction in dependency proceedings until
12 the child reaches a specified age; providing
13 for an annual review during the time a child
14 remains in the custody of or under the
15 supervision of the Department of Children and
16 Family Services; amending s. 409.145, F.S.;
17 deleting a requirement that foster care
18 services be terminated upon a child's leaving
19 an educational program; creating s. 39.4085,
20 F.S.; providing legislative intent; specifying
21 goals in support of a "Bill of Rights,"
22 specifying the rights of dependent children in
23 shelter or foster care; clarifying that the
24 establishment of goals does not create rights;
25 prohibiting certain causes of action; providing
26 an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (8) of section 216.136, Florida
31 Statutes, 1998 Supplement, is amended to read:
2
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 216.136 Consensus estimating conferences; duties and
2 principals.--
3 (8) CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--
4 (a) Duties.--The Child Welfare System Estimating
5 Conference shall develop such official the following
6 information relating to the child welfare system of the state,
7 including forecasts of child welfare caseloads, as the
8 conference determines is needed for the state planning and
9 budgeting system. Such official information may include, but
10 is not limited to:
11 1. Estimates and projections of the number of initial
12 and additional reports of child abuse, abandonment, or neglect
13 made to the central abuse hotline maintained by the Department
14 of Children and Family Services as established in s.
15 39.201(4). Projections may take into account other factors
16 that may influence the number of future reports to the abuse
17 hotline.
18 2. Estimates and projections of the number of children
19 who are alleged to be victims of child abuse, abandonment, or
20 neglect and are in need of emergency shelter, foster care,
21 residential group care, adoptive services, or other
22 appropriate care placement in a shelter.
23
24 In addition, the conference shall develop other official
25 information relating to the child welfare system of the state
26 which the conference determines is needed for the state
27 planning and budgeting system. The Department of Children and
28 Family Services shall provide information on the child welfare
29 system requested by the Child Welfare System Estimating
30 Conference, or individual conference principals, in a timely
31 manner.
3
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 (b) Principals.--The Executive Office of the Governor,
2 the coordinator of the Office of Economic and Demographic
3 Research, and professional staff who have forecasting
4 expertise from the Department of Health and Rehabilitative
5 Services, the Senate, and the House of Representatives, or
6 their designees, are the principals of the Child Welfare
7 System Estimating Conference. The principal representing the
8 Executive Office of the Governor shall preside over sessions
9 of the conference.
10 Section 2. Section 409.1671, Florida Statutes, 1998
11 Supplement, is amended to read:
12 409.1671 Foster care and related services;
13 privatization.--
14 (1)(a) It is the intent of the Legislature that the
15 Department of Children and Family Services shall privatize the
16 provision of foster care and related services statewide. It is
17 further the Legislature's intent to encourage communities and
18 other stakeholders in the well-being of children to
19 participate in assuring that children are safe and
20 well-nurtured. However, while recognizing that some local
21 governments are presently funding portions of certain foster
22 care and related services programs and may choose to expand
23 such funding in the future, the Legislature does not intend by
24 its privatization of foster care and related services that any
25 county, municipality, or special district be required to
26 assist in funding programs that previously have been funded by
27 the state. Nothing in this paragraph prohibits any county,
28 municipality, or special district from future voluntary
29 funding participation in foster care and related services. As
30 used in this section, the term "privatize" means to contract
31 with competent, community-based agencies. The department
4
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 shall submit a plan to accomplish privatization statewide,
2 through a competitive process, phased in over a 3-year period
3 beginning January 1, 2000. This plan is to be submitted by
4 July 1, 1999, to the President of the Senate, the Speaker of
5 the House of Representatives, the Governor, and the minority
6 leaders of both houses. This plan must be developed with local
7 community participation, including, but not limited to, input
8 from community-based providers that are currently under
9 contract with the department to furnish community-based foster
10 care and related services, and must include a methodology for
11 determining and transferring all available funds, including
12 federal funds that the provider is eligible for and agrees to
13 earn and that portion of general revenue funds which is
14 currently associated with the services that are being
15 furnished under contract. Notwithstanding the provisions of s.
16 215.425, all documented federal funds earned for the current
17 fiscal year by the department and community-based agencies
18 which exceed the amount appropriated by the Legislature shall
19 be distributed to all entities that contributed to the excess
20 earnings based on a schedule and methodology developed by the
21 department and approved by the Executive Office of the
22 Governor. Distribution shall be pro rata based on total
23 earnings and shall be made only to those entities that
24 contributed to excess earnings. Excess earnings of
25 community-based agencies shall be used only in the district in
26 which they were earned. Additional state funds appropriated by
27 the Legislature for community-based agencies or made available
28 pursuant to the budgetary amendment process described in s.
29 216.177 shall be transferred to the community-based agencies.
30 The department shall amend a community-based agency's contract
31 to permit expenditure of the funds. The distribution program
5
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 applies only to entities that were under privatization
2 contracts as of July 1, 1999. This program is authorized for a
3 period of 3 years beginning July 1, 1999, and ending June 30,
4 2002. The Office of Program Policy Analysis and Government
5 Accountability shall review this program and report to the
6 Legislature by December 31, 2001. The review shall assess the
7 program to determine how the additional resources were used,
8 the number of additional clients served, the improvements in
9 quality of service attained, the performance outcomes
10 associated with the additional resources, and the feasibility
11 of continuing or expanding this program. The methodology must
12 provide for the transfer of funds appropriated and budgeted
13 for all services and programs that have been incorporated into
14 the project, including all management, capital (including
15 current furniture and equipment), and administrative funds to
16 accomplish the transfer of these programs. This methodology
17 must address expected workload and at least the 3 previous
18 years' experience in expenses and workload. With respect to
19 any district or portion of a district in which privatization
20 cannot be accomplished within the 3-year timeframe, the
21 department must clearly state in its plan the reasons the
22 timeframe cannot be met and the efforts that should be made to
23 remediate the obstacles, which may include alternatives to
24 total privatization, such as public-private partnerships. As
25 used in this section, the term "related services" means family
26 preservation, independent living, emergency shelter,
27 residential group care, foster care, therapeutic foster care,
28 intensive residential treatment, foster care supervision, case
29 management, postplacement supervision, permanent foster care,
30 and family reunification. Unless otherwise provided for,
31 beginning in fiscal year 1999-2000, either the state attorney
6
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 or the Office of the Attorney General shall provide child
2 welfare legal services, pursuant to chapter 39 and other
3 relevant provisions, in Sarasota, Pinellas, Pasco, Broward,
4 and Manatee Counties. Such legal services shall commence and
5 be effective, as soon as determined reasonably feasible by the
6 respective state attorney or the Office of the Attorney
7 General, after the privatization of associated programs and
8 child protective investigations has occurred. When a private
9 nonprofit agency has received case management
10 responsibilities, transferred from the state under this
11 section, for a child who is sheltered or found to be dependent
12 and who is assigned to the care of the privatization project,
13 the agency may act as the child's guardian for the purpose of
14 registering the child in school if a parent or guardian of the
15 child is unavailable and his or her whereabouts cannot
16 reasonably be ascertained. The private nonprofit agency may
17 also seek emergency medical attention for such a child, but
18 only if a parent or guardian of the child is unavailable, his
19 or her whereabouts cannot reasonably be ascertained, and a
20 court order for such emergency medical services cannot be
21 obtained because of the severity of the emergency or because
22 it is after normal working hours. However, the provider may
23 not consent to sterilization, abortion, or termination of life
24 support. If a child's parents' rights have been terminated,
25 the nonprofit agency shall act as guardian of the child in all
26 circumstances.
27 (b) As used in this section, the term "eligible lead
28 community-based provider" means a single agency with which the
29 department shall contract for the provision of child
30 protective services in a community that is no smaller than a
31
7
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 county. To compete for a privatization project, such agency
2 must have:
3 1. The ability to coordinate, integrate, and manage
4 all child protective services in the designated community in
5 cooperation with child protective investigations.
6 2. The ability to ensure continuity of care from entry
7 to exit for all children referred from the protective
8 investigation and court systems.
9 3. The ability to provide directly, or contract for
10 through a local network of providers, all necessary child
11 protective services.
12 4. The willingness to accept accountability for
13 meeting the outcomes and performance standards related to
14 child protective services established by the Legislature and
15 the Federal Government.
16 5. The capability and the willingness to serve all
17 children referred to it from the protective investigation and
18 court systems, regardless of the level of funding allocated to
19 the community by the state, provided all related funding is
20 transferred.
21 6. The willingness to ensure that each individual who
22 provides child protective services completes the training
23 required of child protective service workers by the Department
24 of Children and Family Services.
25 (c)1. The Legislature finds that the state has
26 traditionally provided foster care services to children who
27 have been the responsibility of the state. As such, foster
28 children have not had the right to recover for injuries beyond
29 the limitations specified in s. 768.28. The Legislature has
30 determined that foster care and related services need to be
31 privatized pursuant to this section and that the provision of
8
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 such services is of paramount importance to the state. The
2 purpose for such privatization is to increase the level of
3 safety, security, and stability of children who are or become
4 the responsibility of the state. One of the components
5 necessary to secure a safe and stable environment for such
6 children is that private providers maintain liability
7 insurance. As such, insurance needs to be available and remain
8 available to nongovernmental foster care and related services
9 providers without the resources of such providers being
10 significantly reduced by the cost of maintaining such
11 insurance.
12 2. The Legislature further finds that, by requiring
13 the following minimum levels of insurance, children in
14 privatized foster care and related services will gain
15 increased protection and rights of recovery in the event of
16 injury than provided for in s. 768.28.
17 (d) Any eligible lead community-based provider, as
18 defined in paragraph (b), or its employees or officers, except
19 as otherwise provided in paragraph (e), must, as a part of its
20 contract, obtain a minimum of $1 million per claim/$3 million
21 per incident in general liability insurance coverage. In any
22 tort action brought against such an eligible lead
23 community-based provider, net economic damages shall be
24 limited to $1 million per claim, including, but not limited
25 to, past and future medical expenses, wage loss, and loss of
26 earning capacity, offset by any collateral source payment paid
27 or payable. In any tort action brought against such an
28 eligible lead community-based provider, noneconomic damages
29 shall be limited to $200,000 per claim. This paragraph does
30 not preclude the filing of a claims bill pursuant to s. 768.28
31 by the claimant for any amount exceeding the limits specified
9
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 in this paragraph. Any offset of collateral source payments
2 made as of the date of the settlement or judgment shall be in
3 accordance with s. 768.76. The lead community-based provider
4 shall not be liable in tort for the acts or omissions of its
5 subcontractors or the officers, agents, or employees of its
6 subcontractors.
7 (e) The liability of an eligible lead community-based
8 provider described in this section shall be exclusive and in
9 place of all other liability of such provider. The same
10 immunities from liability enjoyed by such providers shall
11 extend as well to each employee of the provider when such
12 employee is acting in furtherance of the provider's business.
13 Such immunities shall not be applicable to a provider or an
14 employee who acts in a culpably negligent manner or with
15 willful and wanton disregard or unprovoked physical aggression
16 when such acts result in injury or death or such acts
17 proximately cause such injury or death; nor shall such
18 immunities be applicable to employees of the same provider
19 when each is operating in the furtherance of the provider's
20 business, but they are assigned primarily to unrelated works
21 within private or public employment. The same immunity
22 provisions enjoyed by a provider shall also apply to any sole
23 proprietor, partner, corporate officer or director,
24 supervisor, or other person who in the course and scope of his
25 or her duties acts in a managerial or policymaking capacity
26 and the conduct that caused the alleged injury arose within
27 the course and scope of those managerial or policymaking
28 duties. Culpable negligence is defined as reckless
29 indifference or grossly careless disregard of human life.
30 (f) Any subcontractor of an eligible lead
31 community-based provider, as defined in paragraph (b), which
10
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 is a direct provider of foster care and related services to
2 children and families, and its employees or officers, except
3 as otherwise provided in paragraph (e), must, as a part of its
4 contract, obtain a minimum of $1 million per claim/$3 million
5 per incident in general liability insurance coverage. In any
6 tort action brought against such subcontractor, net economic
7 damages shall be limited to $1 million per claim, including,
8 but not limited to, past and future medical expenses, wage
9 loss, and loss of earning capacity, offset by any collateral
10 source payment paid or payable. In any tort action brought
11 against such subcontractor, noneconomic damages shall be
12 limited to $200,000 per claim. This paragraph does not
13 preclude the filing of a claims bill pursuant to section s.
14 768.28 by the claimant for any amount exceeding the limits
15 specified in this paragraph. Any offset of collateral source
16 payments made as of the date of the settlement or judgment
17 shall be in accordance with s. 768.76.
18 (g) The liability of a subcontractor of an eligible
19 lead community-based provider that is a direct provider of
20 foster care and related services as described in this section
21 shall be exclusive and in place of all other liability of such
22 provider. The same immunities from liability enjoyed by such
23 subcontractor provider shall extend as well to each employee
24 of the subcontractor when such employee is acting in
25 furtherance of the subcontractor's business. Such immunities
26 shall not be applicable to a subcontractor or an employee who
27 acts in a culpably negligent manner or with willful and wanton
28 disregard or unprovoked physical aggression when such acts
29 result in injury or death or such acts proximately cause such
30 injury or death; nor shall such immunities be applicable to
31 employees of the same subcontractor when each is operating in
11
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 the furtherance of the subcontractor's business, but they are
2 assigned primarily to unrelated works within private or public
3 employment. The same immunity provisions enjoyed by a
4 subcontractor shall also apply to any sole proprietor,
5 partner, corporate officer or director, supervisor, or other
6 person who in the course and scope of his or her duties acts
7 in a managerial or policymaking capacity and the conduct that
8 caused the alleged injury arose within the course and scope of
9 those managerial or policymaking duties. Culpable negligence
10 is defined as reckless indifference or grossly careless
11 disregard of human life.
12 (h) The Legislature is cognizant of the increasing
13 costs of goods and services each year and recognizes that
14 fixing a set amount of compensation actually has the effect of
15 a reduction in compensation each year. Accordingly, the
16 conditional limitations on damages in this section shall be
17 increased at the rate of 5 percent each year, prorated from
18 the effective date of this paragraph to the date at which
19 damages subject to such limitations are awarded by final
20 judgment or settlement.
21 (2)(a) The department may contract for the delivery,
22 administration, or management of protective services, the
23 services specified in subsection (1) relating to foster care,
24 and other related services or programs, as appropriate. The
25 department shall retain responsibility for the quality of
26 contracted services and programs and shall ensure that
27 services are delivered in accordance with applicable federal
28 and state statutes and regulations.
29 (b) Persons employed by the department in the
30 provision of foster care and related services whose positions
31 are being privatized pursuant to this statute shall be given
12
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 hiring preference by the provider, if provider qualifications
2 are met.
3 (3)(a) The department shall establish a quality
4 assurance program for privatized services. The quality
5 assurance program may be performed by a national accrediting
6 organization such as the Council on Accreditation of Services
7 for Families and Children, Inc. (COA) or the Council on
8 Accreditation of Rehabilitation Facilities (CARF). The
9 department shall develop a request for proposal for such
10 oversight. This program must be developed and administered at
11 a statewide level. The Legislature intends that the department
12 be permitted to have limited flexibility to use funds for
13 improving quality assurance. To this end, effective January 1,
14 2000, the department may transfer up to 0.125 percent of the
15 total funds from categories used to pay for these
16 contractually provided services, but the total amount of such
17 transferred funds may not exceed $300,000 in any fiscal year.
18 When necessary, the department may establish, in accordance
19 with s. 216.177, additional positions that will be exclusively
20 devoted to these functions. Any positions required under this
21 paragraph may be established, notwithstanding ss.
22 216.262(1)(a) and 216.351. The department, in consultation
23 with the community-based agencies that are undertaking the
24 privatized projects, shall establish minimum thresholds for
25 each component of service, consistent with standards
26 established by the Legislature. Each program operated under
27 contract with a community-based agency must be evaluated
28 annually by the department. The department shall submit an
29 annual report regarding quality performance, outcome measure
30 attainment, and cost efficiency to the President of the
31 Senate, the Speaker of the House of Representatives, the
13
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 minority leader of each house of the Legislature, and the
2 Governor no later than January 31 of each year for each
3 project in operation during the preceding fiscal year.
4 (b) The department shall use these findings in making
5 recommendations to the Governor and the Legislature for future
6 program and funding priorities in the child welfare system.
7 (4)(a) The community-based agency must comply with
8 statutory requirements and agency rules in the provision of
9 contractual services. Each foster home, therapeutic foster
10 home, emergency shelter, or other placement facility operated
11 by the community-based agency or agencies must be licensed by
12 the Department of Children and Family Services under chapter
13 402 or this chapter. Each community-based agency must be
14 licensed as a child-caring or child-placing agency by the
15 department under this chapter. The department, in order to
16 eliminate or reduce the number of duplicate inspections by
17 various program offices, shall coordinate inspections required
18 pursuant to licensure of agencies under this section.
19 (b) Substitute care providers who are licensed under
20 s. 409.175 and have contracted with a lead agency authorized
21 under this section shall also be authorized to provide
22 registered or licensed family day care under s. 402.313, if
23 consistent with federal law and if the home has met:
24 1. The requirements of s. 402.313; and
25 2. The requirements of s. 402.281 and has received
26 Gold Seal Quality Care designation.
27 (c) A dually licensed home under this section shall be
28 eligible to receive both the foster care board rate and the
29 subsidized child care rate for the same child only if care is
30 provided 24 hours a day. The subsidized child care rate shall
31 be no more than the approved full-time rate.
14
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 (5) Beginning January 1, 1999, and continuing at least
2 through June 30, 2000 December 31, 1999, the Department of
3 Children and Family Services shall privatize all foster care
4 and related services in district 5 while continuing to
5 contract with the current model programs in districts 1, 4,
6 and 13, and in subdistrict 8A, and shall expand the
7 subdistrict 8A pilot program to incorporate Manatee County.
8 Planning for the district 5 privatization shall be done by
9 providers that are currently under contract with the
10 department for foster care and related services and shall be
11 done in consultation with the department. A lead provider of
12 the district 5 program shall be competitively selected, must
13 demonstrate the ability to provide necessary comprehensive
14 services through a local network of providers, and must meet
15 criteria established in this section. Contracts with
16 organizations responsible for the model programs must include
17 the management and administration of all privatized services
18 specified in subsection (1). However, the department may use
19 funds for contract management only after obtaining written
20 approval from the Executive Office of the Governor. The
21 request for such approval must include, but is not limited to,
22 a statement of the proposed amount of such funds and a
23 description of the manner in which such funds will be used. If
24 the community-based organization selected for a model program
25 under this subsection is not a Medicaid provider, the
26 organization shall be issued a Medicaid provider number
27 pursuant to s. 409.907 for the provision of services currently
28 authorized under the state Medicaid plan to those children
29 encompassed in this model and in a manner not to exceed the
30 current level of state expenditure.
31
15
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 (6) Each district and subdistrict that participates in
2 the model program effort or any future privatization effort as
3 described in this section must thoroughly analyze and report
4 the complete direct and indirect costs of delivering these
5 services through the department and the full cost of
6 privatization, including the cost of monitoring and evaluating
7 the contracted services.
8 Section 3. Subsection (24) is added to section
9 409.906, Florida Statutes, 1998 Supplement, to read:
10 409.906 Optional Medicaid services.--Subject to
11 specific appropriations, the agency may make payments for
12 services which are optional to the state under Title XIX of
13 the Social Security Act and are furnished by Medicaid
14 providers to recipients who are determined to be eligible on
15 the dates on which the services were provided. Any optional
16 service that is provided shall be provided only when medically
17 necessary and in accordance with state and federal law.
18 Nothing in this section shall be construed to prevent or limit
19 the agency from adjusting fees, reimbursement rates, lengths
20 of stay, number of visits, or number of services, or making
21 any other adjustments necessary to comply with the
22 availability of moneys and any limitations or directions
23 provided for in the General Appropriations Act or chapter 216.
24 Optional services may include:
25 (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The
26 Agency for Health Care Administration, in consultation with
27 the Department of Children and Family Services, may establish
28 a targeted case-management pilot project in those counties
29 identified by the Department of Children and Family Services
30 and for the community-based child welfare project in Sarasota
31 and Manatee counties, as authorized under s. 409.1671. These
16
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 projects shall be established for the purpose of determining
2 the impact of targeted case management on the child welfare
3 program and the earnings from the child welfare program.
4 Results of the pilot projects shall be reported to the Child
5 Welfare Estimating Conference and the Social Services
6 Estimating Conference established under s. 216.136. The number
7 of projects may not be increased until requested by the
8 Department of Children and Family Services, recommended by the
9 Child Welfare Estimating Conference and the Social Services
10 Estimating Conference, and approved by the Legislature. The
11 covered group of individuals who are eligible to receive
12 targeted case management include children who are eligible for
13 Medicaid; who are between the ages of birth through 21; and
14 who are under protective supervision or postplacement
15 supervision, under foster-care supervision, or in shelter care
16 or foster care. The number of individuals who are eligible to
17 receive targeted case management shall be limited to the
18 number for whom the Department of Children and Family Services
19 has available matching funds to cover the costs. The general
20 revenue funds required to match the funds for services
21 provided by the community-based child welfare projects are
22 limited to funds available for services described under s.
23 409.1671. The Department of Children and Family Services may
24 transfer the general revenue matching funds as billed by the
25 Agency for Health Care Administration.
26 Section 4. If any provision of this act or the
27 application thereof to any person or circumstance is held
28 invalid, the invalidity does not affect other provisions or
29 applications of the act which can be given effect without the
30 invalid provision or application, and to this end the
31 provisions of this act are declared severable.
17
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 Section 5. Subsections (2) and (7) of section 39.013,
2 Florida Statutes, 1998 Supplement, are amended to read:
3 39.013 Procedures and jurisdiction; right to
4 counsel.--
5 (2) The circuit court shall have exclusive original
6 jurisdiction of all proceedings under this chapter, of a child
7 voluntarily placed with a licensed child-caring agency, a
8 licensed child-placing agency, or the department, and of the
9 adoption of children whose parental rights have been
10 terminated pursuant to this chapter. Jurisdiction attaches
11 when the initial shelter petition, dependency petition, or
12 termination of parental rights petition is filed or when a
13 child is taken into the custody of the department. The circuit
14 court may assume jurisdiction over any such proceeding
15 regardless of whether the child was in the physical custody of
16 both parents, was in the sole legal or physical custody of
17 only one parent, caregiver, or some other person, or was in
18 the physical or legal custody of no person when the event or
19 condition occurred that brought the child to the attention of
20 the court. When the court obtains jurisdiction of any child
21 who has been found to be dependent, the court shall retain
22 jurisdiction, unless relinquished by its order, until the
23 child reaches 18 years of age, and may retain jurisdiction of
24 such individual until he or she reaches 21 years of age.
25 (7) For any child who remains in the custody or under
26 the supervision of the department, the court shall, within the
27 6-month period before the child's 18th birthday, hold a
28 hearing to review the progress of the child while in the
29 custody or under the supervision of the department.
30 Thereafter, an annual review shall be conducted during the
31
18
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 time the child remains in the custody of or under the
2 supervision of the department.
3 Section 6. Paragraph (b) of subsection (3) of section
4 409.145, Florida Statutes, 1998 Supplement, is amended to
5 read:
6 409.145 Care of children.--
7 (3)
8 (b) The services of the foster care program shall
9 continue for those individuals 18 to 21 years of age only for
10 the period of time the individual is continuously enrolled in
11 high school, in a program leading to a high school equivalency
12 diploma as defined in s. 229.814, or in a full-time career
13 education program. Services may shall be terminated upon
14 completion of or withdrawal or permanent expulsion from high
15 school, the program leading to a high school equivalency
16 diploma, or the full-time career education program, subject to
17 the review of the juvenile court.
18 Section 7. Section 39.4085, Florida Statutes, is
19 created to read:
20 39.4085 Legislative findings and declaration of intent
21 for goals for dependent children.--The Legislature finds and
22 declares that the design and delivery of child welfare
23 services should be directed by the principle that the health
24 and safety of children should be of paramount concern and,
25 therefore, establishes the following goals for children in
26 shelter or foster care:
27 (1) To receive a copy of this act and have it fully
28 explained to them when they are placed in the custody of the
29 department.
30
31
19
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 (2) To enjoy individual dignity, liberty, pursuit of
2 happiness, and the protection of their civil and legal rights
3 as persons in the custody of the state.
4 (3) To have their privacy protected, have their
5 personal belongings secure and transported with them, and,
6 unless otherwise ordered by the court, have uncensored
7 communication, including receiving and sending unopened
8 communications and having access to a telephone.
9 (4) To have personnel providing services who are
10 sufficiently qualified and experienced to assess the risk
11 children face prior to removal from their homes and to meet
12 the needs of the children once they are in the custody of the
13 department.
14 (5) To remain in the custody of their parents or legal
15 custodians unless and until there has been a determination by
16 a qualified person exercising competent professional judgment
17 that removal is necessary to protect their physical, mental,
18 or emotional health or safety.
19 (6) To have a full risk, health, educational, medical
20 and psychological screening and, if needed, assessment and
21 testing upon adjudication into foster care; and to have their
22 photograph and fingerprints included in their case management
23 file.
24 (7) To be referred to and receive services, including
25 necessary medical, emotional, psychological, psychiatric and
26 educational evaluations and treatment, as soon as practicable
27 after identification of the need for such services by the
28 screening and assessment process.
29 (8) To be placed in a home with no more than one other
30 child, unless they are part of a sibling group.
31
20
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 (9) To be placed away from other children known to
2 pose a threat of harm to them, either because of their own
3 risk factors or those of the other child.
4 (10) To be placed in a home where the shelter or
5 foster caregiver is aware of and understands the child's
6 history, needs, and risk factors.
7 (11) To be the subject of a plan developed by the
8 counselor and the shelter or foster caregiver to deal with
9 identified behaviors that may present a risk to the child or
10 others.
11 (12) To be involved and incorporated, where
12 appropriate, in the development of the case plan, to have a
13 case plan which will address their specific needs, and to
14 object to any of the provisions of the case plan.
15 (13) To receive meaningful case management and
16 planning that will quickly return the child to his or her
17 family or move the child on to other forms of permanency.
18 (14) To receive regular communication with a
19 caseworker, at least once a month, which shall include meeting
20 with the child alone and conferring with the shelter or foster
21 caregiver.
22 (15) To enjoy regular visitation, at least once a
23 week, with their siblings unless the court orders otherwise.
24 (16) To enjoy regular visitation with their parents,
25 at least once a month, unless the court orders otherwise.
26 (17) To receive a free and appropriate education;
27 minimal disruption to their education and retention in their
28 home school, if appropriate; referral to the child study team;
29 all special educational services, including, where
30 appropriate, the appointment of a parent surrogate; the
31 sharing of all necessary information between the school board
21
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 and the department, including information on attendance and
2 educational progress.
3 (18) To be able to raise grievances with the
4 department over the care they are receiving from their
5 caregivers, caseworkers, or other service providers.
6 (19) To be heard by the court, if appropriate, at all
7 review hearings.
8 (20) To have a guardian ad litem appointed to
9 represent, within reason, their best interests and, where
10 appropriate, an attorney ad litem appointed to represent their
11 legal interests; the guardian ad litem and attorney ad litem
12 shall have immediate and unlimited access to the children they
13 represent.
14 (21) To have all their records available for review by
15 their guardian ad litem and attorney ad litem if they deem
16 such review necessary.
17 (22) To organize as a group for purposes of ensuring
18 that they receive the services and living conditions to which
19 they are entitled and to provide support for one another while
20 in the custody of the department.
21 (23) To be afforded prompt access to all available
22 state and federal programs, including, but not limited to:
23 Early Periodic Screening, Diagnosis, and Testing (EPSDT)
24 services, developmental services programs, Medicare and
25 supplemental security income, Children's Medical Services, and
26 programs for severely emotionally disturbed children.
27
28 The provisions of this section establish goals and not rights.
29 Nothing in this section shall be interpreted as requiring the
30 delivery of any particular service or level of service in
31 excess of existing appropriations. No person shall have a
22
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 660 First Engrossed
1 cause of action against the state or any of its subdivisions,
2 agencies, contractors, subcontractors, or agents, based upon
3 the adoption of or failure to provide adequate funding for the
4 achievement of these goals by the Legislature. Nothing herein
5 shall require the expenditure of funds to meet the goals
6 established herein except funds specifically appropriated for
7 such purpose.
8 Section 8. This act shall take effect upon becoming a
9 law.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
23