CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Cowin moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 16, between lines 22 and 23,

15

16  insert:

17         Section 7.  Section 39.3065, Florida Statutes, is

18  amended to read:

19         39.3065  Sheriffs of Pasco, Manatee, and Pinellas

20  Counties to provide child protective investigative services;

21  procedures; funding.--

22         (1)  As described in this section, the Department of

23  Children and Family Services shall, by the end of fiscal year

24  1999-2000, transfer all responsibility for child protective

25  investigations for Pinellas County, Manatee County, and Pasco

26  County to the sheriff of that county in which the child abuse,

27  neglect, or abandonment is alleged to have occurred. Each

28  sheriff is responsible for the provision of all child

29  protective investigations in his or her county. Each

30  individual who provides these services must complete the

31  training provided to and required of protective investigators

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  employed by the Department of Children and Family Services.

 2         (2)  During fiscal year 1998-1999, the Department of

 3  Children and Family Services and each sheriff's office shall

 4  enter into a contract for the provision of these services.

 5  Funding for the services will be appropriated to the

 6  Department of Children and Family Services, and the department

 7  shall transfer to the respective sheriffs for the duration of

 8  fiscal year 1998-1999, funding for the investigative

 9  responsibilities assumed by the sheriffs, including federal

10  funds that the provider is eligible for and agrees to earn and

11  that portion of general revenue funds which is currently

12  associated with the services that are being furnished under

13  contract, and including, but not limited to, funding for all

14  investigative, supervisory, and clerical positions; training;

15  all associated equipment; furnishings; and other fixed capital

16  items. The contract must specify whether the department will

17  continue to perform part or none of the child protective

18  investigations during the initial year. The sheriffs may

19  either conduct the investigations themselves or may, in turn,

20  subcontract with law enforcement officials or with properly

21  trained employees of private agencies to conduct

22  investigations related to neglect cases only. If such a

23  subcontract is awarded, the sheriff must take full

24  responsibility for any safety decision made by the

25  subcontractor and must immediately respond with law

26  enforcement staff to any situation that requires removal of a

27  child due to a condition that poses an immediate threat to the

28  child's life. The contract must specify whether the services

29  are to be performed by departmental employees or by persons

30  determined by the sheriff. During this initial year, the

31  department is responsible for quality assurance, and the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  department retains the responsibility for the performance of

 2  all child protective investigations. The department must

 3  identify any barriers to transferring the entire

 4  responsibility for child protective services to the sheriffs'

 5  offices and must pursue avenues for removing any such barriers

 6  by means including, but not limited to, applying for federal

 7  waivers. By January 15, 1999, the department shall submit to

 8  the President of the Senate, the Speaker of the House of

 9  Representatives, and the chairs of the Senate and House

10  committees that oversee departmental activities a report that

11  describes any remaining barriers, including any that pertain

12  to funding and related administrative issues. Unless the

13  Legislature, on the basis of that report or other pertinent

14  information, acts to block a transfer of the entire

15  responsibility for child protective investigations to the

16  sheriffs' offices, the sheriffs of Pasco County, Manatee

17  County, and Pinellas County, beginning in fiscal year

18  1999-2000, shall assume the entire responsibility for such

19  services, as provided in subsection (3).

20         (3)(a)  Beginning in fiscal year 1999-2000, the

21  sheriffs of Pasco County, Manatee County, and Pinellas County

22  have the responsibility to provide all child protective

23  investigations in their respective counties. Beginning in

24  fiscal year 2000-2001, the Department of Children and Family

25  Services shall enter into a grant agreement with the sheriff

26  of Seminole County to perform child protective investigations

27  in Seminole County, subject to a specific appropriation.

28         (b)  The sheriffs of Pasco County, Manatee County, and

29  Pinellas County shall operate, at a minimum, in accordance

30  with the performance standards established by the Legislature

31  for protective investigations conducted by the Department of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  Children and Family Services.

 2         (c)  Funds for providing child protective

 3  investigations in Pasco County, Manatee County, and Pinellas

 4  County must be identified in the annual appropriation made to

 5  the Department of Children and Family Services, which shall

 6  award grants for the full amount identified to the respective

 7  sheriffs' offices.  Funds for the child protective

 8  investigations may not be integrated into the sheriffs'

 9  regular budgets. Budgetary data and other data relating to the

10  performance of child protective investigations must be

11  maintained separately from all other records of the sheriffs'

12  offices.

13         (d)  Program performance evaluation shall be based on

14  criteria mutually agreed upon by the respective sheriffs and a

15  committee of seven persons appointed by the Governor and

16  selected from those persons serving on the Department of

17  Children and Family Services District 5 Health and Human

18  Services Board and District 6 Health and Human Services Board.

19  Two of the Governor's appointees must be residents of Pasco

20  County, two of the Governor's appointees must be residents of

21  Manatee County, and two of the Governor's appointees must be

22  residents of Pinellas County.  Such appointees shall serve at

23  the pleasure of the Governor.  The individuals appointed must

24  have demonstrated experience in outcome evaluation, social

25  service areas of protective investigation, or child welfare

26  supervision.  The committee shall submit an annual report

27  regarding quality performance, outcome-measure attainment, and

28  cost efficiency to the President of the Senate, the Speaker of

29  the House of Representatives, and to the Governor no later

30  than January 31 of each year the sheriffs are receiving

31  general appropriations to provide child protective

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  investigations.

 2         (4)  For the 1999-2000 fiscal year only, the Sheriff of

 3  Broward County shall perform the same child protective

 4  investigative services according to the same standards as are

 5  performed by the sheriffs of Pinellas County, Manatee County,

 6  and Pasco County under this section. This subsection expires

 7  July 1, 2000.

 8         Section 8.  Subsection (3) of section 39.401, Florida

 9  Statutes, is amended to read:

10         39.401  Taking a child alleged to be dependent into

11  custody; law enforcement officers and authorized agents of the

12  department.--

13         (3)  If the child is taken into custody by, or is

14  delivered to, an authorized agent of the department, the

15  authorized agent shall review the facts supporting the removal

16  with an attorney representing the department. The purpose of

17  this review shall be to determine whether probable cause

18  exists for the filing of a shelter petition.  If the facts are

19  not sufficient to support the filing of a shelter petition,

20  the child shall immediately be returned to the custody of the

21  parent or legal custodian. If the facts are sufficient to

22  support the filing of the shelter petition and the child has

23  not been returned to the custody of the parent or legal

24  custodian, the department shall file the petition and schedule

25  a hearing, and the attorney representing the department shall

26  request that a shelter hearing be held as quickly as possible,

27  not to exceed 24 hours after the removal of the child. While

28  awaiting the shelter hearing, the authorized agent of the

29  department may place the child in licensed shelter care or may

30  release the child to a parent or legal custodian or

31  responsible adult relative who shall be given priority

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  consideration over a licensed placement, or a responsible

 2  adult approved by the department when this is in the best

 3  interests of the child. If the child is not placed with a

 4  parent or legal custodian or responsible adult relative, the

 5  reasons must be specified in writing and provided to the

 6  court. Any placement of a child which is not in a licensed

 7  shelter must be preceded by a local and state criminal records

 8  check, as well as a search of the department's automated abuse

 9  information system, on all members of the household, to assess

10  the child's safety within the home.  In addition, the

11  department may authorize placement of a housekeeper/homemaker

12  in the home of a child alleged to be dependent until the

13  parent or legal custodian assumes care of the child.

14

15  (Redesignate subsequent sections.)

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17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         On page 2, line 8, after the semicolon,

21

22  insert:

23         amending s. 39.3065, F.S.; directing that the

24         sheriff of Seminole County be awarded a grant;

25         amending s. 39.401, F.S.; requiring

26         documentation to the court when a child is not

27         placed with a relative or other specified

28         adult;

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