Senate Bill 1910e1

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  1                      A bill to be entitled

  2         An act relating to child welfare; amending s.

  3         39.201, F.S.; revising confidentiality of

  4         recorded central abuse hotline calls relating

  5         to child abuse, neglect, or abandonment;

  6         providing clarifying language for

  7         community-based care providers of foster care

  8         and related services; providing circumstances

  9         in which an officer or employee of the judicial

10         branch is not required to report child abuse,

11         abandonment, or neglect; amending s. 39.202,

12         F.S.; providing for the inclusion of the child

13         protection team in the list of those to whom an

14         alleged abuse reporter's name may be released;

15         amending s. 39.205, F.S.; exempting judges from

16         prosecution for failure to report; amending s.

17         39.301, F.S.; clarifying language relating to

18         initiation of protective investigations and

19         criminal investigations; clarifying that the

20         age of parents shall be factored into risk

21         assessments; changing certain time

22         requirements; amending s. 39.303, F.S.;

23         specifying additional supportive services to be

24         provided by child protection teams; requiring

25         certain training for medical personnel

26         participating in a child protection team;

27         revising reports of abuse, abandonment, or

28         neglect that must be referred to the Department

29         of Health for supportive services; revising

30         requirements relating to review of certain

31         cases of abuse, abandonment, or neglect and


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  1         standards for face-to-face medical evaluations

  2         by a child protection team; requiring

  3         collaboration between certain state agencies

  4         relating to reports of child abuse,

  5         abandonment, and neglect; amending s. 39.304,

  6         F.S.; providing for disposition of

  7         investigative photographs of physical abuse

  8         injuries and sexual abuse trauma; amending s.

  9         39.402, F.S.; clarifying that the court must be

10         informed of identified case plans at shelter

11         hearings; amending s. 383.402, F.S.; deleting a

12         reference to the Kayla McKean Child Protection

13         Act; revising duties of the local child abuse

14         death review committee and district

15         coordinators; amending s. 409.145, F.S.;

16         authorizing the Department of Children and

17         Family Services to provide additional

18         assistance for certain individuals leaving

19         foster care; amending s. 409.1671, F.S.;

20         deleting requirement that the case-transfer

21         process for contracts with community-based

22         agencies for provision of foster care and

23         related services identify closure of protective

24         investigations; requiring a report at the

25         conclusion of the investigation; repealing s.

26         1, ch. 99-168, Laws of Florida, which provides

27         a short title naming the Act the Kayla McKean

28         Child Protection Act; providing an effective

29         date.

30

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


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  1         Section 1.  Paragraph (g) of subsection (2) and

  2  subsections (7), (8), and (9) of section 39.201, Florida

  3  Statutes, are amended to read:

  4         39.201  Mandatory reports of child abuse, abandonment,

  5  or neglect; mandatory reports of death; central abuse

  6  hotline.--

  7         (2)

  8         (g)  The department shall voice-record all incoming or

  9  outgoing calls that are received or placed by the central

10  abuse hotline which relate to suspected or known child abuse,

11  neglect, or abandonment. The recording shall become a part of

12  the record of the report, but, not withstanding s. 39.202,

13  shall be released in full only to law enforcement agencies and

14  state attorneys for the purpose of investigating and

15  prosecuting criminal charges pursuant to s. 39.205, or to

16  employees of the department for the purpose of investigating

17  and seeking administrative penalties pursuant to s. 39.206 is

18  subject to the same confidentiality as is provided to the

19  identity of the caller under s. 39.202. Nothing in this

20  subsection shall act to prohibit the use of the recordings by

21  hotline staff for quality assurance and training.

22         (7)  This section does not require a professional who

23  is hired by or enters into a contract with the department for

24  the purpose of treating or counseling any person, as a result

25  of a report of child abuse, abandonment, or neglect, to again

26  report to the central abuse hotline the abuse, abandonment, or

27  neglect that was the subject of the referral for treatment.

28  This section does not require an officer or employee of the

29  judicial branch to again provide notice of reasonable cause to

30  suspect child abuse, abandonment, or neglect when that child

31  is currently being investigated by the department, there is an


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  1  existing dependency case, or the matter has previously been

  2  reported to the department, provided there is reasonable cause

  3  to believe the information is already known to the department.

  4  This subsection applies only when the information has been

  5  provided to the officer or employee in the course of official

  6  duties.

  7         (8)  Nothing in this chapter or in the contracting with

  8  community-based care providers for privatization of foster

  9  care and related services as specified in s. 409.1671 shall be

10  construed to remove or reduce the duty and responsibility of

11  any person, including any employee of the community-based care

12  privatization provider, to report a suspected or actual case

13  of child abuse, abandonment, or neglect or the sexual abuse of

14  a child to the department's central abuse hotline.

15         (9)  On an ongoing basis, the department's quality

16  assurance program shall review calls reports to the hotline

17  involving three or more unaccepted reports on a single child,

18  where jurisdiction applies, in order to detect such things as

19  harassment and situations that warrant an investigation

20  because of the frequency or variety of the source of the

21  reports. The assistant secretary may refer a case for

22  investigation when it is determined, as a result of this

23  review, that an investigation may be warranted.

24         Section 2.  Subsection (4) of section 39.202, Florida

25  Statutes, is amended to read:

26         39.202  Confidentiality of reports and records in cases

27  of child abuse or neglect.--

28         (4)  The name of any person reporting child abuse,

29  abandonment, or neglect may not be released to any person

30  other than employees of the department responsible for child

31  protective services, the central abuse hotline, law


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  1  enforcement, the child protection team, or the appropriate

  2  state attorney, without the written consent of the person

  3  reporting. This does not prohibit the subpoenaing of a person

  4  reporting child abuse, abandonment, or neglect when deemed

  5  necessary by the court, the state attorney, or the department,

  6  provided the fact that such person made the report is not

  7  disclosed.  Any person who reports a case of child abuse or

  8  neglect may, at the time he or she makes the report, request

  9  that the department notify him or her that a child protective

10  investigation occurred as a result of the report.  Any person

11  specifically listed in s. 39.201(1) who makes a report in his

12  or her official capacity may also request a written summary of

13  the outcome of the investigation. The department shall mail

14  such a notice to the reporter within 10 days after completing

15  the child protective investigation.

16         Section 3.  Subsection (1) of section 39.205, Florida

17  Statutes, is amended to read:

18         39.205  Penalties relating to reporting of child abuse,

19  abandonment, or neglect.--

20         (1)  A person who is required to report known or

21  suspected child abuse, abandonment, or neglect and who

22  knowingly and willfully fails to do so, or who knowingly and

23  willfully prevents another person from doing so, is guilty of

24  a misdemeanor of the first degree, punishable as provided in

25  s. 775.082 or s. 775.083. A judge, subject to discipline under

26  Article V, Section 12 of the State Constitution, shall not be

27  subject to criminal prosecution when the information was

28  received in the course of official duties.

29         Section 4.  Subsection (2), paragraph (b) of subsection

30  (8), paragraph (c) of subsection (12), and subsections (14),

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  1  (17), and (18) of section 39.301, Florida Statutes, are

  2  amended to read:

  3         39.301  Initiation of protective investigations.--

  4         (2)(a)  The department Upon notification by the

  5  department's central abuse hotline under subsection (1), the

  6  designated child protective investigator shall immediately

  7  forward allegations of criminal conduct to the municipality or

  8  county notify the appropriate law enforcement agency of the

  9  county in which the alleged conduct has known or suspected

10  child abuse, abandonment, or neglect is believed to have

11  occurred.

12         (b)  As used in this subsection, the term "criminal

13  conduct" means:

14         1.  A child is known or suspected to be the victim of

15  child abuse, as defined in s. 827.03, or of neglect of a

16  child, as defined in s. 827.03.

17         2.  A child is known or suspected to have died as a

18  result of abuse or neglect.

19         3.  A child is known or suspected to be the victim of

20  aggravated child abuse, as defined in s. 827.03.

21         4.  A child is known or suspected to be the victim of

22  sexual battery, as defined in s. 827.071, or of sexual abuse,

23  as defined in s. 39.01.

24         5.  A child is known or suspected to be the victim of

25  institutional child abuse or neglect, as defined in s. 39.01,

26  and as provided for in s. 39.302(1).

27

28  Upon receiving a written report of an allegation of criminal

29  conduct from the department receipt of a report, the law

30  enforcement agency shall must review the information in the

31  written report to and determine whether a criminal


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  1  investigation of the case is warranted. and, If the law

  2  enforcement agency accepts the case for so, shall conduct the

  3  criminal investigation that shall be coordinated, it shall

  4  coordinate its investigative activities with the department

  5  whenever feasible possible, with the child protective

  6  investigation of the department or its agent. If the law

  7  enforcement agency does not accept the case for criminal

  8  investigation, the agency shall notify the department in

  9  writing.

10         (c)  The local law enforcement agreement required in s.

11  39.306 shall describe the specific local protocols for

12  implementing this section.

13         (8)  The person responsible for the investigation shall

14  make a preliminary determination as to whether the report is

15  complete, consulting with the attorney for the department when

16  necessary.  In any case in which the person responsible for

17  the investigation finds that the report is incomplete, he or

18  she shall return it without delay to the person or agency

19  originating the report or having knowledge of the facts, or to

20  the appropriate law enforcement agency having investigative

21  jurisdiction, and request additional information in order to

22  complete the report; however, the confidentiality of any

23  report filed in accordance with this chapter shall not be

24  violated.

25         (b)  If it is determined that the child is in need of

26  the protection and supervision of the court, the department

27  shall file a petition for dependency.  A petition for

28  dependency shall be filed in all cases classified by the

29  department as high-risk. Factors that the department may

30  consider in determining whether a case is high-risk include,

31  but are not limited to, the young age of the cases, including,


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  1  but not limited to, cases involving parents or legal

  2  custodians of a young age, the use of illegal drugs, or

  3  domestic violence.

  4         (12)

  5         (c)  The department, in consultation with the

  6  judiciary, shall adopt by rule criteria that are factors

  7  requiring that the department take the child into custody,

  8  petition the court as provided in this chapter, or, if the

  9  child is not taken into custody or a petition is not filed

10  with the court, conduct an administrative review. If after an

11  administrative review the department determines not to take

12  the child into custody or petition the court, the department

13  shall document the reason for its decision in writing and

14  include it in the investigative file. For all cases that were

15  accepted by the local law enforcement agency for criminal

16  investigation pursuant to subsection (2), the department must

17  include in the file written documentation that the

18  administrative review included input from law enforcement. In

19  addition, for all cases that must be referred to child

20  protection teams pursuant to s. 39.303(2) and (3), the file

21  must include written documentation that the administrative

22  review included the results of the team's evaluation medical

23  evaluation. Factors that must be included in the development

24  of the rule include noncompliance with the case plan developed

25  by the department, or its agent, and the family under this

26  chapter and prior abuse reports with findings that involve the

27  child or caregiver.

28         (14)  No later than 60 30 days after receiving the

29  initial report, the local office of the department shall

30  complete its investigation.

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  1         (17)  When a law enforcement agency conducts a criminal

  2  investigation into allegations of child abuse, neglect, or

  3  abandonment, photographs documenting the abuse or neglect will

  4  be taken when appropriate is participating in an

  5  investigation, the agency shall take photographs of the

  6  child's living environment. Such photographs shall become part

  7  of the investigative file.

  8         (18)  Within 15 days after the case is completion of

  9  the investigation of cases reported to him or her pursuant to

10  this chapter, the state attorney shall report his or her

11  findings to the department and shall include in such report a

12  determination of whether or not prosecution is justified and

13  appropriate in view of the circumstances of the specific case.

14         Section 5.  Section 39.303, Florida Statutes, is

15  amended to read:

16         39.303  Child protection teams; services; eligible

17  cases.--The Department of Health shall develop, maintain, and

18  coordinate the services of one or more multidisciplinary child

19  protection teams in each of the service districts of the

20  Department of Children and Family Services.  Such teams may be

21  composed of appropriate representatives of school districts

22  and appropriate health, mental health, social service, legal

23  service, and law enforcement agencies. The Legislature finds

24  that optimal coordination of child protection teams and sexual

25  abuse treatment programs requires collaboration between the

26  Department of Health and the Department of Children and Family

27  Services. The two departments shall maintain an interagency

28  agreement that establishes protocols for oversight and

29  operations of child protection teams and sexual abuse

30  treatment programs. The Secretary of Health and the Deputy

31  Secretary for director of Children's Medical Services, in


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  1  consultation with the Secretary of Children and Family

  2  Services, shall maintain the responsibility for the screening,

  3  employment, and, if necessary, the termination of child

  4  protection team medical directors, at headquarters and in the

  5  15 districts. Child protection team medical directors shall be

  6  responsible for oversight of the teams in the districts.

  7         (1)  The Department of Health shall utilize and convene

  8  the teams to supplement the assessment and protective

  9  supervision activities of the family safety and preservation

10  program of the Department of Children and Family Services.

11  Nothing in this section shall be construed to remove or reduce

12  the duty and responsibility of any person to report pursuant

13  to this chapter all suspected or actual cases of child abuse,

14  abandonment, or neglect or sexual abuse of a child.  The role

15  of the teams shall be to support activities of the program and

16  to provide services deemed by the teams to be necessary and

17  appropriate to abused, abandoned, and neglected children upon

18  referral.  The specialized diagnostic assessment, evaluation,

19  coordination, consultation, and other supportive services that

20  a child protection team shall be capable of providing include,

21  but are not limited to, the following:

22         (a)  Medical diagnosis and evaluation services,

23  including provision or interpretation of X rays and laboratory

24  tests, and related services, as needed, and documentation of

25  findings relative thereto.

26         (b)  Telephone consultation services in emergencies and

27  in other situations.

28         (c)  Medical evaluation related to abuse, abandonment,

29  or neglect, as defined by policy or rule of the Department of

30  Health.

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  1         (d)  Such psychological and psychiatric diagnosis and

  2  evaluation services for the child or the child's parent or

  3  parents, legal custodian or custodians, or other caregivers,

  4  or any other individual involved in a child abuse,

  5  abandonment, or neglect case, as the team may determine to be

  6  needed.

  7         (e)  Expert medical, psychological, and related

  8  professional testimony in court cases.

  9         (f)  Case staffings to develop treatment plans for

10  children whose cases have been referred to the team.  A child

11  protection team may provide consultation with respect to a

12  child who is alleged or is shown to be abused, abandoned, or

13  neglected, which consultation shall be provided at the request

14  of a representative of the family safety and preservation

15  program or at the request of any other professional involved

16  with a child or the child's parent or parents, legal custodian

17  or custodians, or other caregivers.  In every such child

18  protection team case staffing, consultation, or staff activity

19  involving a child, a family safety and preservation program

20  representative shall attend and participate.

21         (g)  Case service coordination and assistance,

22  including the location of services available from other public

23  and private agencies in the community.

24         (h)  Such training services for program and other

25  employees of the Department of Children and Family Services,

26  employees of the Department of Health, and other medical

27  professionals as is deemed appropriate to enable them to

28  develop and maintain their professional skills and abilities

29  in handling child abuse, abandonment, and neglect cases.

30         (i)  Educational and community awareness campaigns on

31  child abuse, abandonment, and neglect in an effort to enable


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  1  citizens more successfully to prevent, identify, and treat

  2  child abuse, abandonment, and neglect in the community.

  3         (j)  Child protection team assessments that include, as

  4  appropriate, medical evaluations, medical consultations,

  5  family psychosocial interviews, specialized clinical

  6  interviews, or forensic interviews.

  7

  8  All medical personnel participating on a child protection team

  9  must successfully complete the required child protection team

10  training curriculum as set forth in protocols determined by

11  the Deputy Secretary for Children's Medical Services and the

12  Statewide Medical Director for Child Protection.

13         (2)  The child abuse, abandonment, and neglect reports

14  that must be referred by the Department of Children and Family

15  Services to child protection teams of the Department of Health

16  for an assessment medical evaluation and other appropriate

17  available support services as set forth in subsection (1) must

18  include cases involving:

19         (a)  Injuries to the head, bruises to the neck or head,

20  burns, or fractures in a child of any age.

21         (b)  Bruises anywhere on a child 5 years of age or

22  under.

23         (c)(b)  Sexual abuse of a child in which vaginal or

24  anal penetration is alleged or in which other unlawful sexual

25  conduct has been determined to have occurred.

26         (d)(c)  Venereal disease, or Any other sexually

27  transmitted disease, in a prepubescent child.

28         (e)(d)  Reported malnutrition of a child and failure of

29  a child to thrive.

30         (f)(e)  Reported medical, physical, or emotional

31  neglect of a child.


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  1         (g)(f)  Any family in which one or more children have

  2  been pronounced dead on arrival at a hospital or other health

  3  care facility, or have been injured and later died, as a

  4  result of suspected abuse, abandonment, or neglect, when any

  5  sibling or other child remains in the home.

  6         (h)(g)  Symptoms of serious emotional problems in a

  7  child when emotional or other abuse, abandonment, or neglect

  8  is suspected.

  9         (h)  Injuries to a child's head.

10         (3)  All abuse and neglect cases transmitted for

11  investigation to a district by the hotline must be

12  simultaneously transmitted to the Department of Health child

13  protection team for review. For the purpose of determining

14  whether face-to-face medical evaluation by a child protection

15  team is necessary, all cases transmitted to the child

16  protection team which meet the criteria in subsection (2) must

17  be timely reviewed by: a board-certified pediatrician or

18  registered nurse practitioner under the supervision of such

19  pediatrician for the purpose of determining whether a

20  face-to-face medical evaluation by a child protection team is

21  necessary.

22         (a)  A physician licensed under chapter 458 or chapter

23  459 who holds board certification in pediatrics and is a

24  member of a child protection team;

25         (b)  A physician licensed under chapter 458 or chapter

26  459 who holds board certification in a specialty other than

27  pediatrics, who may complete the review only when working

28  under the direction of a physician licensed under chapter 458

29  or chapter 459 who holds board certification in pediatrics and

30  is a member of a child protection team;

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  1         (c)  An advanced registered nurse practitioner licensed

  2  under chapter 464 who has a speciality in pediatrics or family

  3  medicine and is a member of a child protection team;

  4         (d)  A physician assistant licensed under chapter 458

  5  or chapter 459, who may complete the review only when working

  6  under the supervision of a physician licensed under chapter

  7  458 or chapter 459 who holds board certification in pediatrics

  8  and is a member of a child protection team; or

  9         (e)  A registered nurse licensed under chapter 464, who

10  may complete the review only when working under the direct

11  supervision of a physician licensed under chapter 458 or

12  chapter 459 who holds certification in pediatrics and is a

13  member of a child protection team.

14         (4)  A Such face-to-face medical evaluation by a child

15  protection team is not necessary when: only if it is

16  determined that

17         (a)  The child was examined by a physician for the

18  alleged abuse or neglect by a physician who is not a member of

19  the child protection team, and a consultation between the

20  child protection team board-certified pediatrician, advanced

21  registered or nurse practitioner, physician assistant working

22  under the supervision of a child protection team

23  board-certified pediatrician, or registered nurse working

24  under the direct supervision of a child protection team

25  board-certified pediatrician, and the examining physician

26  concludes that a further medical evaluation is unnecessary;

27         (b)  The child protective investigator, with

28  supervisory approval, has determined, after conducting a child

29  safety assessment, that there are no indications of injuries

30  as described in paragraphs (2)(a)-(h) as reported; or

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  1         (c)  The child protection team board-certified

  2  pediatrician as authorized in subsection (3) determines that a

  3  medical evaluation is not required.

  4

  5  Notwithstanding paragraphs (a), (b), and (c), a child

  6  protection team pediatrician, as authorized in subsection (3),

  7  may determine that a face-to-face medical evaluation is

  8  necessary.

  9         (5)(4)  In all instances in which a child protection

10  team is providing certain services to abused, abandoned, or

11  neglected children, other offices and units of the Department

12  of Health, and offices and units of the Department of Children

13  and Family Services, shall avoid duplicating the provision of

14  those services.

15         (6)  The Department of Health child protection team

16  quality assurance program and the Department of Children and

17  Family Services' Family Safety Program Office quality

18  assurance program shall collaborate to ensure referrals and

19  responses to child abuse, abandonment, and neglect reports are

20  appropriate.  Each quality assurance program shall include a

21  review of records in which there are no findings of abuse,

22  abandonment, or neglect and the findings of these reviews

23  shall be included in each department's quality assurance

24  reports.

25         Section 6.  Subsection (1) of section 39.304, Florida

26  Statutes, is amended to read:

27         39.304  Photographs, medical examinations, X rays, and

28  medical treatment of abused, abandoned, or neglected child.--

29         (1)(a)  Any person required to investigate cases of

30  suspected child abuse, abandonment, or neglect may take or

31  cause to be taken photographs of the areas of trauma visible


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  1  on a child who is the subject of a report. Any child

  2  protection team that examines a child who is the subject of a

  3  report must take, or cause to be taken, photographs of any

  4  areas of trauma visible on the child. Such Photographs of

  5  physical abuse injuries, or duplicates thereof, shall be

  6  provided to the department for inclusion in the investigative

  7  file and shall become part of that file. Photographs of sexual

  8  abuse trauma shall be made part of the child protection team

  9  medical record.

10         (b)  If the areas of trauma visible on a child indicate

11  a need for a medical examination, or if the child verbally

12  complains or otherwise exhibits distress as a result of injury

13  through suspected child abuse, abandonment, or neglect, or is

14  alleged to have been sexually abused, the person required to

15  investigate may cause the child to be referred for diagnosis

16  to a licensed physician or an emergency department in a

17  hospital without the consent of the child's parents or legal

18  custodian. Such examination may be performed by any licensed

19  physician or an advanced registered nurse practitioner

20  licensed pursuant to chapter 464. Any licensed physician, or

21  advanced registered nurse practitioner licensed pursuant to

22  chapter 464, who has reasonable cause to suspect that an

23  injury was the result of child abuse, abandonment, or neglect

24  may authorize a radiological examination to be performed on

25  the child without the consent of the child's parent or legal

26  custodian.

27         Section 7.  Paragraph (f) of subsection (8) of section

28  39.402, Florida Statutes, is amended to read:

29         39.402  Placement in a shelter.--

30         (8)

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  1         (f)  At the shelter hearing, the department shall

  2  inform the court of:

  3         1.  Any identified current or previous case plans

  4  negotiated in any district with the parents or caregivers

  5  under this chapter and problems associated with compliance;

  6         2.  Any adjudication of the parents or caregivers of

  7  delinquency;

  8         3.  Any past or current injunction for protection from

  9  domestic violence; and

10         4.  All of the child's places of residence during the

11  prior 12 months.

12         Section 8.  Paragraph (i) of subsection (3), subsection

13  (7), and paragraph (g) of subsection (18) of section 383.402,

14  Florida Statutes, are amended to read:

15         383.402  Child abuse death review; State Child Abuse

16  Death Review Committee; local child abuse death review

17  committees.--

18         (3)  The State Child Abuse Death Review Committee

19  shall:

20         (i)  Educate the public regarding the provisions of

21  chapter 99-168, Laws of Florida Kayla McKean Child Protection

22  Act, the incidence and causes of child abuse death, and ways

23  by which such deaths may be prevented.

24         (7)  Each local child abuse death review committee

25  shall:

26         (a)  Review all deaths resulting from child abuse which

27  are reported to the Office of Vital Statistics.

28         (a)(b)  Assist the state committee in collecting data

29  on deaths that are the result of child abuse, in accordance

30  with the protocol established by the state committee.

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    CS for SB 1910                                 First Engrossed



  1         (b)(c)  Submit written reports at the direction of the

  2  state committee. The reports must include nonidentifying

  3  information on individual cases and the steps taken by the

  4  local committee and private and public agencies to implement

  5  necessary changes and improve the coordination of services and

  6  reviews.

  7         (c)(d)  Submit all records requested by the state

  8  committee at the conclusion of its review of a death resulting

  9  from child abuse.

10         (d)(e)  Abide by the standards and protocols developed

11  by the state committee.

12         (e)(f)  On a case-by-case basis, request that the state

13  committee review the data of a particular case.

14         (18)  Each district administrator of the Department of

15  Children and Family Services must appoint a child abuse death

16  review coordinator for the district. The coordinator must have

17  knowledge and expertise in the area of child abuse and

18  neglect. The coordinator's general responsibilities include:

19         (g)  Notifying the district administrator, the

20  Secretary of Children and Family Services, and the Deputy

21  Secretary for of Children's Medical Services, and the

22  Department of Health Child Abuse Death Review Coordinator

23  Assistant Health Officer of all child abuse deaths meeting

24  criteria for review as specified in this section within 1

25  working day after verifying the child's death was due to

26  abuse, neglect, or abandonment learning of the child's death.

27         Section 9.  Paragraph (b) of subsection (3) of section

28  409.145, Florida Statutes, is amended to read:

29         409.145  Care of children.--

30         (3)

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  1         (b)  The services of the foster care program shall

  2  continue for those individuals 18 to 21 years of age only for

  3  the period of time the individual is continuously enrolled in

  4  high school, in a program leading to a high school equivalency

  5  diploma as defined in s. 229.814, or in a full-time career

  6  education program. Services shall be terminated upon

  7  completion of or withdrawal or permanent expulsion from high

  8  school, the program leading to a high school equivalency

  9  diploma, or the full-time career education program. In

10  addition, the department may, based upon the availability of

11  funds, provide assistance to those individuals who leave

12  foster care when they attain 18 years of age and subsequently

13  request assistance prior to their 21st birthday. The following

14  are examples of assistance that may be provided: referrals for

15  employment, services for educational or vocational

16  development, and housing assistance.

17         Section 10.  Subsection (3) of section 409.1671,

18  Florida Statutes, is amended to read:

19         409.1671  Foster care and related services;

20  privatization.--

21         (3)(a)  In order to help ensure a seamless child

22  protection system, the department shall ensure that contracts

23  entered into with community-based agencies pursuant to this

24  section include provisions for a case-transfer process to

25  determine the date that the community-based agency will

26  initiate the appropriate services for a child and family. This

27  case-transfer process must clearly identify the closure of the

28  protective investigation and the initiation of service

29  provision. At the point of case transfer, as well as at the

30  conclusion of an investigation, the department must provide a

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    CS for SB 1910                                 First Engrossed



  1  complete summary of the findings of the investigation to the

  2  community-based agency.

  3         (b)  The contracts must also ensure that each

  4  community-based agency shall furnish regular status reports of

  5  its cases to the department as specified in the contract. A

  6  provider may not discontinue services without prior written

  7  notification to the department. After discontinuing services

  8  to a child or a child and family, the community-based agency

  9  must provide a written case summary, including its assessment

10  of the child and family, to the department.

11         (c)  The annual contract between the department and

12  community-based agencies must include provisions that specify

13  the procedures to be used by the parties to resolve

14  differences in interpreting the contract or to resolve

15  disputes as to the adequacy of the parties' compliance with

16  their respective obligations under the contract.

17         Section 11.  Section 1 of chapter 99-168, Laws of

18  Florida, is repealed.

19         Section 12.  This act shall take effect upon becoming a

20  law.

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