Senate Bill 0660e1

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    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;


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    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:


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    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.


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  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


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    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


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  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


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    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


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    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


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    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


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  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


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  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


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    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


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    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


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  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.


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    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


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  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


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    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.


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    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

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    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.

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    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.

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    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


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    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.

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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


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    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.

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