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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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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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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