Senate Bill 0660e2

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    CS for CS for SB 660                          Second 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                          Second 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; creating

10         s. 39.4085, F.S.; providing legislative intent;

11         specifying goals for dependent children in

12         shelter or foster care; clarifying that the

13         establishment of goals does not create rights;

14         prohibiting certain causes of action; providing

15         an effective date.

16

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

18

19         Section 1.  Subsection (8) of section 216.136, Florida

20  Statutes, 1998 Supplement, is amended to read:

21         216.136  Consensus estimating conferences; duties and

22  principals.--

23         (8)  CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--

24         (a)  Duties.--The Child Welfare System Estimating

25  Conference shall develop such official the following

26  information relating to the child welfare system of the state,

27  including forecasts of child welfare caseloads, as the

28  conference determines is needed for the state planning and

29  budgeting system. Such official information may include, but

30  is not limited to:

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    CS for CS for SB 660                          Second Engrossed



  1         1.  Estimates and projections of the number of initial

  2  and additional reports of child abuse, abandonment, or neglect

  3  made to the central abuse hotline maintained by the Department

  4  of Children and Family Services as established in s.

  5  39.201(4). Projections may take into account other factors

  6  that may influence the number of future reports to the abuse

  7  hotline.

  8         2.  Estimates and projections of the number of children

  9  who are alleged to be victims of child abuse, abandonment, or

10  neglect and are in need of emergency shelter, foster care,

11  residential group care, adoptive services, or other

12  appropriate care placement in a shelter.

13

14  In addition, the conference shall develop other official

15  information relating to the child welfare system of the state

16  which the conference determines is needed for the state

17  planning and budgeting system.  The Department of Children and

18  Family Services shall provide information on the child welfare

19  system requested by the Child Welfare System Estimating

20  Conference, or individual conference principals, in a timely

21  manner.

22         (b)  Principals.--The Executive Office of the Governor,

23  the coordinator of the Office of Economic and Demographic

24  Research, and professional staff who have forecasting

25  expertise from the Department of Health and Rehabilitative

26  Services, the Senate, and the House of Representatives, or

27  their designees, are the principals of the Child Welfare

28  System Estimating Conference. The principal representing the

29  Executive Office of the Governor shall preside over sessions

30  of the conference.

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    CS for CS for SB 660                          Second Engrossed



  1         Section 2.  Section 409.1671, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         409.1671  Foster care and related services;

  4  privatization.--

  5         (1)(a)  It is the intent of the Legislature that the

  6  Department of Children and Family Services shall privatize the

  7  provision of foster care and related services statewide. It is

  8  further the Legislature's intent to encourage communities and

  9  other stakeholders in the well-being of children to

10  participate in assuring that children are safe and

11  well-nurtured. However, while recognizing that some local

12  governments are presently funding portions of certain foster

13  care and related services programs and may choose to expand

14  such funding in the future, the Legislature does not intend by

15  its privatization of foster care and related services that any

16  county, municipality, or special district be required to

17  assist in funding programs that previously have been funded by

18  the state. Nothing in this paragraph prohibits any county,

19  municipality, or special district from future voluntary

20  funding participation in foster care and related services. As

21  used in this section, the term "privatize" means to contract

22  with competent, community-based agencies.  The department

23  shall submit a plan to accomplish privatization statewide,

24  through a competitive process, phased in over a 3-year period

25  beginning January 1, 2000. This plan is to be submitted by

26  July 1, 1999, to the President of the Senate, the Speaker of

27  the House of Representatives, the Governor, and the minority

28  leaders of both houses. This plan must be developed with local

29  community participation, including, but not limited to, input

30  from community-based providers that are currently under

31  contract with the department to furnish community-based foster


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    CS for CS for SB 660                          Second Engrossed



  1  care and related services, and must include a methodology for

  2  determining and transferring all available funds, including

  3  federal funds that the provider is eligible for and agrees to

  4  earn and that portion of general revenue funds which is

  5  currently associated with the services that are being

  6  furnished under contract. Notwithstanding the provisions of s.

  7  215.425, all documented federal funds earned for the current

  8  fiscal year by the department and community-based agencies

  9  which exceed the amount appropriated by the Legislature shall

10  be distributed to all entities that contributed to the excess

11  earnings based on a schedule and methodology developed by the

12  department and approved by the Executive Office of the

13  Governor. Distribution shall be pro rata based on total

14  earnings and shall be made only to those entities that

15  contributed to excess earnings. Excess earnings of

16  community-based agencies shall be used only in the district in

17  which they were earned. Additional state funds appropriated by

18  the Legislature for community-based agencies or made available

19  pursuant to the budgetary amendment process described in s.

20  216.177 shall be transferred to the community-based agencies.

21  The department shall amend a community-based agency's contract

22  to permit expenditure of the funds. The distribution program

23  applies only to entities that were under privatization

24  contracts as of July 1, 1999. This program is authorized for a

25  period of 3 years beginning July 1, 1999, and ending June 30,

26  2002. The Office of Program Policy Analysis and Government

27  Accountability shall review this program and report to the

28  Legislature by December 31, 2001. The review shall assess the

29  program to determine how the additional resources were used,

30  the number of additional clients served, the improvements in

31  quality of service attained, the performance outcomes


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    CS for CS for SB 660                          Second Engrossed



  1  associated with the additional resources, and the feasibility

  2  of continuing or expanding this program. The methodology must

  3  provide for the transfer of funds appropriated and budgeted

  4  for all services and programs that have been incorporated into

  5  the project, including all management, capital (including

  6  current furniture and equipment), and administrative funds to

  7  accomplish the transfer of these programs. This methodology

  8  must address expected workload and at least the 3 previous

  9  years' experience in expenses and workload. With respect to

10  any district or portion of a district in which privatization

11  cannot be accomplished within the 3-year timeframe, the

12  department must clearly state in its plan the reasons the

13  timeframe cannot be met and the efforts that should be made to

14  remediate the obstacles, which may include alternatives to

15  total privatization, such as public-private partnerships. As

16  used in this section, the term "related services" means family

17  preservation, independent living, emergency shelter,

18  residential group care, foster care, therapeutic foster care,

19  intensive residential treatment, foster care supervision, case

20  management, postplacement supervision, permanent foster care,

21  and family reunification. Unless otherwise provided for,

22  beginning in fiscal year 1999-2000, either the state attorney

23  or the Office of the Attorney General shall provide child

24  welfare legal services, pursuant to chapter 39 and other

25  relevant provisions, in Sarasota, Pinellas, Pasco, Broward,

26  and Manatee Counties.  Such legal services shall commence and

27  be effective, as soon as determined reasonably feasible by the

28  respective state attorney or the Office of the Attorney

29  General, after the privatization of associated programs and

30  child protective investigations has occurred.  When a private

31  nonprofit agency has received case management


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    CS for CS for SB 660                          Second Engrossed



  1  responsibilities, transferred from the state under this

  2  section, for a child who is sheltered or found to be dependent

  3  and who is assigned to the care of the privatization project,

  4  the agency may act as the child's guardian for the purpose of

  5  registering the child in school if a parent or guardian of the

  6  child is unavailable and his or her whereabouts cannot

  7  reasonably be ascertained. The private nonprofit agency may

  8  also seek emergency medical attention for such a child, but

  9  only if a parent or guardian of the child is unavailable, his

10  or her whereabouts cannot reasonably be ascertained, and a

11  court order for such emergency medical services cannot be

12  obtained because of the severity of the emergency or because

13  it is after normal working hours. However, the provider may

14  not consent to sterilization, abortion, or termination of life

15  support. If a child's parents' rights have been terminated,

16  the nonprofit agency shall act as guardian of the child in all

17  circumstances.

18         (b)  As used in this section, the term "eligible lead

19  community-based provider" means a single agency with which the

20  department shall contract for the provision of child

21  protective services in a community that is no smaller than a

22  county.  To compete for a privatization project, such agency

23  must have:

24         1.  The ability to coordinate, integrate, and manage

25  all child protective services in the designated community in

26  cooperation with child protective investigations.

27         2.  The ability to ensure continuity of care from entry

28  to exit for all children referred from the protective

29  investigation and court systems.

30

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    CS for CS for SB 660                          Second Engrossed



  1         3.  The ability to provide directly, or contract for

  2  through a local network of providers, all necessary child

  3  protective services.

  4         4.  The willingness to accept accountability for

  5  meeting the outcomes and performance standards related to

  6  child protective services established by the Legislature and

  7  the Federal Government.

  8         5.  The capability and the willingness to serve all

  9  children referred to it from the protective investigation and

10  court systems, regardless of the level of funding allocated to

11  the community by the state, provided all related funding is

12  transferred.

13         6.  The willingness to ensure that each individual who

14  provides child protective services completes the training

15  required of child protective service workers by the Department

16  of Children and Family Services.

17         (c)1.  The Legislature finds that the state has

18  traditionally provided foster care services to children who

19  have been the responsibility of the state. As such, foster

20  children have not had the right to recover for injuries beyond

21  the limitations specified in s. 768.28. The Legislature has

22  determined that foster care and related services need to be

23  privatized pursuant to this section and that the provision of

24  such services is of paramount importance to the state. The

25  purpose for such privatization is to increase the level of

26  safety, security, and stability of children who are or become

27  the responsibility of the state. One of the components

28  necessary to secure a safe and stable environment for such

29  children is that private providers maintain liability

30  insurance. As such, insurance needs to be available and remain

31  available to nongovernmental foster care and related services


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    CS for CS for SB 660                          Second Engrossed



  1  providers without the resources of such providers being

  2  significantly reduced by the cost of maintaining such

  3  insurance.

  4         2.  The Legislature further finds that, by requiring

  5  the following minimum levels of insurance, children in

  6  privatized foster care and related services will gain

  7  increased protection and rights of recovery in the event of

  8  injury than provided for in s. 768.28.

  9         (d)  Any eligible lead community-based provider, as

10  defined in paragraph (b), or its employees or officers, except

11  as otherwise provided in paragraph (e), must, as a part of its

12  contract, obtain a minimum of $1 million per claim/$3 million

13  per incident in general liability insurance coverage. In any

14  tort action brought against such an eligible lead

15  community-based provider, net economic damages shall be

16  limited to $1 million per claim, including, but not limited

17  to, past and future medical expenses, wage loss, and loss of

18  earning capacity, offset by any collateral source payment paid

19  or payable. In any tort action brought against such an

20  eligible lead community-based provider, noneconomic damages

21  shall be limited to $200,000 per claim. A claims bill may be

22  brought on behalf of a claimant pursuant to s. 768.28 for any

23  amount exceeding the limits specified in this paragraph. Any

24  offset of collateral source payments made as of the date of

25  the settlement or judgment shall be in accordance with s.

26  768.76. The lead community-based provider shall not be liable

27  in tort for the acts or omissions of its subcontractors or the

28  officers, agents, or employees of its subcontractors.

29         (e)  The liability of an eligible lead community-based

30  provider described in this section shall be exclusive and in

31  place of all other liability of such provider. The same


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    CS for CS for SB 660                          Second Engrossed



  1  immunities from liability enjoyed by such providers shall

  2  extend as well to each employee of the provider when such

  3  employee is acting in furtherance of the provider's business.

  4  Such immunities shall not be applicable to a provider or an

  5  employee who acts in a culpably negligent manner or with

  6  willful and wanton disregard or unprovoked physical aggression

  7  when such acts result in injury or death or such acts

  8  proximately cause such injury or death; nor shall such

  9  immunities be applicable to employees of the same provider

10  when each is operating in the furtherance of the provider's

11  business, but they are assigned primarily to unrelated works

12  within private or public employment. The same immunity

13  provisions enjoyed by a provider shall also apply to any sole

14  proprietor, partner, corporate officer or director,

15  supervisor, or other person who in the course and scope of his

16  or her duties acts in a managerial or policymaking capacity

17  and the conduct that caused the alleged injury arose within

18  the course and scope of those managerial or policymaking

19  duties. Culpable negligence is defined as reckless

20  indifference or grossly careless disregard of human life.

21         (f)  Any subcontractor of an eligible lead

22  community-based provider, as defined in paragraph (b), which

23  is a direct provider of foster care and related services to

24  children and families, and its employees or officers, except

25  as otherwise provided in paragraph (e), must, as a part of its

26  contract, obtain a minimum of $1 million per claim/$3 million

27  per incident in general liability insurance coverage. In any

28  tort action brought against such subcontractor, net economic

29  damages shall be limited to $1 million per claim, including,

30  but not limited to, past and future medical expenses, wage

31  loss, and loss of earning capacity, offset by any collateral


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    CS for CS for SB 660                          Second Engrossed



  1  source payment paid or payable. In any tort action brought

  2  against such subcontractor, noneconomic damages shall be

  3  limited to $200,000 per claim. A claims bill may be brought on

  4  behalf of a claimant pursuant to s. 768.28 for any amount

  5  exceeding the limits specified in this paragraph. Any offset

  6  of collateral source payments made as of the date of the

  7  settlement or judgment shall be in accordance with s. 768.76.

  8         (g)  The liability of a subcontractor of an eligible

  9  lead community-based provider that is a direct provider of

10  foster care and related services as described in this section

11  shall be exclusive and in place of all other liability of such

12  provider. The same immunities from liability enjoyed by such

13  subcontractor provider shall extend as well to each employee

14  of the subcontractor when such employee is acting in

15  furtherance of the subcontractor's business. Such immunities

16  shall not be applicable to a subcontractor or an employee who

17  acts in a culpably negligent manner or with willful and wanton

18  disregard or unprovoked physical aggression when such acts

19  result in injury or death or such acts proximately cause such

20  injury or death; nor shall such immunities be applicable to

21  employees of the same subcontractor when each is operating in

22  the furtherance of the subcontractor's business, but they are

23  assigned primarily to unrelated works within private or public

24  employment. The same immunity provisions enjoyed by a

25  subcontractor shall also apply to any sole proprietor,

26  partner, corporate officer or director, supervisor, or other

27  person who in the course and scope of his or her duties acts

28  in a managerial or policymaking capacity and the conduct that

29  caused the alleged injury arose within the course and scope of

30  those managerial or policymaking duties. Culpable negligence

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    CS for CS for SB 660                          Second Engrossed



  1  is defined as reckless indifference or grossly careless

  2  disregard of human life.

  3         (h)  The Legislature is cognizant of the increasing

  4  costs of goods and services each year and recognizes that

  5  fixing a set amount of compensation actually has the effect of

  6  a reduction in compensation each year. Accordingly, the

  7  conditional limitations on damages in this section shall be

  8  increased at the rate of 5 percent each year, prorated from

  9  the effective date of this paragraph to the date at which

10  damages subject to such limitations are awarded by final

11  judgment or settlement.

12         (2)(a)  The department may contract for the delivery,

13  administration, or management of protective services, the

14  services specified in subsection (1) relating to foster care,

15  and other related services or programs, as appropriate. The

16  department shall retain responsibility for the quality of

17  contracted services and programs and shall ensure that

18  services are delivered in accordance with applicable federal

19  and state statutes and regulations.

20         (b)  Persons employed by the department in the

21  provision of foster care and related services whose positions

22  are being privatized pursuant to this statute shall be given

23  hiring preference by the provider, if provider qualifications

24  are met.

25         (3)(a)  The department shall establish a quality

26  assurance program for privatized services. The quality

27  assurance program may be performed by a national accrediting

28  organization such as the Council on Accreditation of Services

29  for Families and Children, Inc. (COA) or the Council on

30  Accreditation of Rehabilitation Facilities (CARF). The

31  department shall develop a request for proposal for such


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    CS for CS for SB 660                          Second Engrossed



  1  oversight. This program must be developed and administered at

  2  a statewide level. The Legislature intends that the department

  3  be permitted to have limited flexibility to use funds for

  4  improving quality assurance. To this end, effective January 1,

  5  2000, the department may transfer up to 0.125 percent of the

  6  total funds from categories used to pay for these

  7  contractually provided services, but the total amount of such

  8  transferred funds may not exceed $300,000 in any fiscal year.

  9  When necessary, the department may establish, in accordance

10  with s. 216.177, additional positions that will be exclusively

11  devoted to these functions. Any positions required under this

12  paragraph may be established, notwithstanding ss.

13  216.262(1)(a) and 216.351. The department, in consultation

14  with the community-based agencies that are undertaking the

15  privatized projects, shall establish minimum thresholds for

16  each component of service, consistent with standards

17  established by the Legislature. Each program operated under

18  contract with a community-based agency must be evaluated

19  annually by the department. The department shall submit an

20  annual report regarding quality performance, outcome measure

21  attainment, and cost efficiency to the President of the

22  Senate, the Speaker of the House of Representatives, the

23  minority leader of each house of the Legislature, and the

24  Governor no later than January 31 of each year for each

25  project in operation during the preceding fiscal year.

26         (b)  The department shall use these findings in making

27  recommendations to the Governor and the Legislature for future

28  program and funding priorities in the child welfare system.

29         (4)(a)  The community-based agency must comply with

30  statutory requirements and agency rules in the provision of

31  contractual services. Each foster home, therapeutic foster


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    CS for CS for SB 660                          Second Engrossed



  1  home, emergency shelter, or other placement facility operated

  2  by the community-based agency or agencies must be licensed by

  3  the Department of Children and Family Services under chapter

  4  402 or this chapter. Each community-based agency must be

  5  licensed as a child-caring or child-placing agency by the

  6  department under this chapter. The department, in order to

  7  eliminate or reduce the number of duplicate inspections by

  8  various program offices, shall coordinate inspections required

  9  pursuant to licensure of agencies under this section.

10         (b)  Substitute care providers who are licensed under

11  s. 409.175 and have contracted with a lead agency authorized

12  under this section shall also be authorized to provide

13  registered or licensed family day care under s. 402.313, if

14  consistent with federal law and if the home has met:

15         1.  The requirements of s. 402.313; and

16         2.  The requirements of s. 402.281 and has received

17  Gold Seal Quality Care designation.

18         (c)  A dually licensed home under this section shall be

19  eligible to receive both the foster care board rate and the

20  subsidized child care rate for the same child only if care is

21  provided 24 hours a day. The subsidized child care rate shall

22  be no more than the approved full-time rate.

23         (5)  Beginning January 1, 1999, and continuing at least

24  through June 30, 2000 December 31, 1999, the Department of

25  Children and Family Services shall privatize all foster care

26  and related services in district 5 while continuing to

27  contract with the current model programs in districts 1, 4,

28  and 13, and in subdistrict 8A, and shall expand the

29  subdistrict 8A pilot program to incorporate Manatee County.

30  Planning for the district 5 privatization shall be done by

31  providers that are currently under contract with the


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    CS for CS for SB 660                          Second Engrossed



  1  department for foster care and related services and shall be

  2  done in consultation with the department.  A lead provider of

  3  the district 5 program shall be competitively selected, must

  4  demonstrate the ability to provide necessary comprehensive

  5  services through a local network of providers, and must meet

  6  criteria established in this section. Contracts with

  7  organizations responsible for the model programs must include

  8  the management and administration of all privatized services

  9  specified in subsection (1). However, the department may use

10  funds for contract management only after obtaining written

11  approval from the Executive Office of the Governor. The

12  request for such approval must include, but is not limited to,

13  a statement of the proposed amount of such funds and a

14  description of the manner in which such funds will be used. If

15  the community-based organization selected for a model program

16  under this subsection is not a Medicaid provider, the

17  organization shall be issued a Medicaid provider number

18  pursuant to s. 409.907 for the provision of services currently

19  authorized under the state Medicaid plan to those children

20  encompassed in this model and in a manner not to exceed the

21  current level of state expenditure.

22         (6)  Each district and subdistrict that participates in

23  the model program effort or any future privatization effort as

24  described in this section must thoroughly analyze and report

25  the complete direct and indirect costs of delivering these

26  services through the department and the full cost of

27  privatization, including the cost of monitoring and evaluating

28  the contracted services.

29         Section 3.  Subsection (24) is added to section

30  409.906, Florida Statutes, 1998 Supplement, to read:

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    CS for CS for SB 660                          Second Engrossed



  1         409.906  Optional Medicaid services.--Subject to

  2  specific appropriations, the agency may make payments for

  3  services which are optional to the state under Title XIX of

  4  the Social Security Act and are furnished by Medicaid

  5  providers to recipients who are determined to be eligible on

  6  the dates on which the services were provided.  Any optional

  7  service that is provided shall be provided only when medically

  8  necessary and in accordance with state and federal law.

  9  Nothing in this section shall be construed to prevent or limit

10  the agency from adjusting fees, reimbursement rates, lengths

11  of stay, number of visits, or number of services, or making

12  any other adjustments necessary to comply with the

13  availability of moneys and any limitations or directions

14  provided for in the General Appropriations Act or chapter 216.

15  Optional services may include:

16         (24)  CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The

17  Agency for Health Care Administration, in consultation with

18  the Department of Children and Family Services, may establish

19  a targeted case-management pilot project in those counties

20  identified by the Department of Children and Family Services

21  and for the community-based child welfare project in Sarasota

22  and Manatee counties, as authorized under s. 409.1671. These

23  projects shall be established for the purpose of determining

24  the impact of targeted case management on the child welfare

25  program and the earnings from the child welfare program.

26  Results of the pilot projects shall be reported to the Child

27  Welfare Estimating Conference and the Social Services

28  Estimating Conference established under s. 216.136. The number

29  of projects may not be increased until requested by the

30  Department of Children and Family Services, recommended by the

31  Child Welfare Estimating Conference and the Social Services


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    CS for CS for SB 660                          Second Engrossed



  1  Estimating Conference, and approved by the Legislature. The

  2  covered group of individuals who are eligible to receive

  3  targeted case management include children who are eligible for

  4  Medicaid; who are between the ages of birth through 21; and

  5  who are under protective supervision or postplacement

  6  supervision, under foster-care supervision, or in shelter care

  7  or foster care. The number of individuals who are eligible to

  8  receive targeted case management shall be limited to the

  9  number for whom the Department of Children and Family Services

10  has available matching funds to cover the costs. The general

11  revenue funds required to match the funds for services

12  provided by the community-based child welfare projects are

13  limited to funds available for services described under s.

14  409.1671. The Department of Children and Family Services may

15  transfer the general revenue matching funds as billed by the

16  Agency for Health Care Administration.

17         Section 4.  If any provision of this act or the

18  application thereof to any person or circumstance is held

19  invalid, the invalidity does not affect other provisions or

20  applications of the act which can be given effect without the

21  invalid provision or application, and to this end the

22  provisions of this act are declared severable.

23         Section 5.  Section 39.4085, Florida Statutes, is

24  created to read:

25         39.4085  Legislative findings and declaration of intent

26  for goals for dependent children.--The Legislature finds and

27  declares that the design and delivery of child welfare

28  services should be directed by the principle that the health

29  and safety of children should be of paramount concern and,

30  therefore, establishes the following goals for children in

31  shelter or foster care:


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    CS for CS for SB 660                          Second Engrossed



  1         (1)  To receive a copy of this act and have it fully

  2  explained to them when they are placed in the custody of the

  3  department.

  4         (2)  To enjoy individual dignity, liberty, pursuit of

  5  happiness, and the protection of their civil and legal rights

  6  as persons in the custody of the state.

  7         (3)  To have their privacy protected, have their

  8  personal belongings secure and transported with them, and,

  9  unless otherwise ordered by the court, have uncensored

10  communication, including receiving and sending unopened

11  communications and having access to a telephone.

12         (4)  To have personnel providing services who are

13  sufficiently qualified and experienced to assess the risk

14  children face prior to removal from their homes and to meet

15  the needs of the children once they are in the custody of the

16  department.

17         (5)  To remain in the custody of their parents or legal

18  custodians unless and until there has been a determination by

19  a qualified person exercising competent professional judgment

20  that removal is necessary to protect their physical, mental,

21  or emotional health or safety.

22         (6)  To have a full risk, health, educational, medical

23  and psychological screening and, if needed, assessment and

24  testing upon adjudication into foster care; and to have their

25  photograph and fingerprints included in their case management

26  file.

27         (7)  To be referred to and receive services, including

28  necessary medical, emotional, psychological, psychiatric and

29  educational evaluations and treatment, as soon as practicable

30  after identification of the need for such services by the

31  screening and assessment process.


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    CS for CS for SB 660                          Second Engrossed



  1         (8)  To be placed in a home with no more than one other

  2  child, unless they are part of a sibling group.

  3         (9)  To be placed away from other children known to

  4  pose a threat of harm to them, either because of their own

  5  risk factors or those of the other child.

  6         (10)  To be placed in a home where the shelter or

  7  foster caregiver is aware of and understands the child's

  8  history, needs, and risk factors.

  9         (11)  To be the subject of a plan developed by the

10  counselor and the shelter or foster caregiver to deal with

11  identified behaviors that may present a risk to the child or

12  others.

13         (12)  To be involved and incorporated, where

14  appropriate, in the development of the case plan, to have a

15  case plan which will address their specific needs, and to

16  object to any of the provisions of the case plan.

17         (13)  To receive meaningful case management and

18  planning that will quickly return the child to his or her

19  family or move the child on to other forms of permanency.

20         (14)  To receive regular communication with a

21  caseworker, at least once a month, which shall include meeting

22  with the child alone and conferring with the shelter or foster

23  caregiver.

24         (15)  To enjoy regular visitation, at least once a

25  week, with their siblings unless the court orders otherwise.

26         (16)  To enjoy regular visitation with their parents,

27  at least once a month, unless the court orders otherwise.

28         (17)  To receive a free and appropriate education;

29  minimal disruption to their education and retention in their

30  home school, if appropriate; referral to the child study team;

31  all special educational services, including, where


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    CS for CS for SB 660                          Second Engrossed



  1  appropriate, the appointment of a parent surrogate; the

  2  sharing of all necessary information between the school board

  3  and the department, including information on attendance and

  4  educational progress.

  5         (18)  To be able to raise grievances with the

  6  department over the care they are receiving from their

  7  caregivers, caseworkers, or other service providers.

  8         (19)  To be heard by the court, if appropriate, at all

  9  review hearings.

10         (20)  To have a guardian ad litem appointed to

11  represent, within reason, their best interests and, where

12  appropriate, an attorney ad litem appointed to represent their

13  legal interests; the guardian ad litem and attorney ad litem

14  shall have immediate and unlimited access to the children they

15  represent.

16         (21)  To have all their records available for review by

17  their guardian ad litem and attorney ad litem if they deem

18  such review necessary.

19         (22)  To organize as a group for purposes of ensuring

20  that they receive the services and living conditions to which

21  they are entitled and to provide support for one another while

22  in the custody of the department.

23         (23)  To be afforded prompt access to all available

24  state and federal programs, including, but not limited to:

25  Early Periodic Screening, Diagnosis, and Testing (EPSDT)

26  services, developmental services programs, Medicare and

27  supplemental security income, Children's Medical Services, and

28  programs for severely emotionally disturbed children.

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30  The provisions of this section establish goals and not rights.

31  Nothing in this section shall be interpreted as requiring the


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    CS for CS for SB 660                          Second Engrossed



  1  delivery of any particular service or level of service in

  2  excess of existing appropriations. No person shall have a

  3  cause of action against the state or any of its subdivisions,

  4  agencies, contractors, subcontractors, or agents, based upon

  5  the adoption of or failure to provide adequate funding for the

  6  achievement of these goals by the Legislature. Nothing herein

  7  shall require the expenditure of funds to meet the goals

  8  established herein except funds specifically appropriated for

  9  such purpose.

10         Section 6.  This act shall take effect upon becoming a

11  law.

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