House Bill 2125er

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    ENROLLED

    2000 Legislature                      HB 2125, Third Engrossed



  1

  2         An act relating to children and families;

  3         amending s. 39.01, F.S.; revising the

  4         definition of the term "long-term custody";

  5         defining the term "long-term licensed custody";

  6         amending s. 39.013, F.S.; providing for

  7         precedence of orders of the circuit court in

  8         dependency matters involving dissolution or

  9         other custody action; deleting provisions

10         relating to state funding of court-appointed

11         counsel for legal guardians at shelter

12         hearings; amending s. 39.0132, F.S., relating

13         to oaths, records, and confidential

14         information; amending s. 39.202, F.S.; revising

15         provisions  relating to access to and

16         disclosure of reports and records in cases of

17         child abuse or neglect; amending s. 39.402,

18         F.S., relating to placement in a shelter;

19         amending s. 39.502, F.S., relating to notice,

20         process, and services; amending s. 39.503,

21         F.S., relating to procedures when the identity

22         or location of the parent is unknown; creating

23         a new pt. VII of ch. 39, F.S., relating to

24         disposition and postdisposition change of

25         custody; creating a new pt. IX of ch. 39, F.S.,

26         relating to permanency; renumbering and

27         amending s. 39.508, F.S.; revising provisions

28         relating to disposition hearings and powers of

29         disposition; amending s. 39.5085, F.S.;

30         providing intent for achieving permanency

31         through a variety of permanency options;


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    ENROLLED

    2000 Legislature                      HB 2125, Third Engrossed



  1         conforming a cross-reference; creating s.

  2         39.522, F.S.; providing for postdisposition

  3         change of custody; amending s. 39.601, F.S.;

  4         providing requirements relating to case plans;

  5         amending s. 39.603, F.S., relating to court

  6         hearings for approval of case planning;

  7         authorizing, rather than requiring, court

  8         appointment of a guardian ad litem under

  9         certain circumstances; creating s. 39.621,

10         F.S.; providing for permanency determinations

11         by the court; creating s. 39.622, F.S.;

12         providing conditions and requirements for court

13         placement of a child in long-term custody;

14         creating s. 39.623, F.S.; providing conditions

15         and requirements for court approval of

16         placement in long-term licensed custody;

17         creating s. 39.624, F.S.; providing conditions

18         and requirements for court approval of

19         placement in independent living; amending s.

20         39.701, F.S.; revising provisions relating to

21         judicial review hearings; amending s. 39.803,

22         F.S.; revising procedure relating to diligent

23         search, after filing of a termination of

24         parental rights petition, for a parent whose

25         identity or location is unknown; amending s.

26         39.804, F.S.; providing a penalty for false

27         statements concerning paternity; amending s.

28         39.806, F.S.; providing abandonment as a ground

29         for termination of parental rights; amending s.

30         39.807, F.S.; providing responsibilities of the

31         guardian ad litem; amending s. 39.811, F.S.;


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    ENROLLED

    2000 Legislature                      HB 2125, Third Engrossed



  1         providing for court-ordered disposition of the

  2         child in long-term custody following

  3         termination of parental rights; amending s.

  4         435.045, F.S.; authorizing placement in a

  5         foster home pending

  6         federal-criminal-records-check results;

  7         requiring certain disclosure by prospective and

  8         approved foster parents; amending s. 409.2554,

  9         F.S.; conforming cross-references; repealing s.

10         402.40(3), F.S.; abolishing the Child Welfare

11         Standards and Training Council; amending s.

12         20.04, F.S.; providing for program offices to

13         be headed by program directors rather than

14         assistant secretaries; amending s. 20.19, F.S.;

15         revising mission and purpose of the department;

16         providing duties and responsibilities of the

17         secretary, deputy secretary, and program

18         directors; providing for program offices and

19         support offices; providing for local services,

20         service districts, district administrators, and

21         community alliances; providing certain budget

22         transfer authority; providing for the

23         department to develop projections of the number

24         of child abuse and neglect cases and to propose

25         legislative budget requests based on Child

26         Welfare League Standards; providing for

27         operation of a prototype region; providing for

28         contracts with lead agencies; providing for

29         consultation with counties on mandated

30         programs; amending s. 39.3065, F.S.; providing

31         for the sheriff in any county to provide child


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    ENROLLED

    2000 Legislature                      HB 2125, Third Engrossed



  1         protective investigative services; requiring

  2         individuals providing such services to complete

  3         protective investigation training; providing

  4         for funding; providing for performance

  5         evaluation; requiring reports to the department

  6         as specified in the grant agreement; providing

  7         for program performance evaluation; amending s.

  8         318.21, F.S.; providing for disposition of

  9         civil penalties to the Grants and Donations

10         Trust Fund in the Office of State Courts

11         Administrator; amending s. 397.321, F.S.;

12         providing for a pilot project to serve in a

13         managed care arrangement non-Medicaid eligible

14         persons for substance abuse or mental health

15         services; amending ss. 393.502 and 393.503,

16         F.S.; revising provisions relating to creation,

17         appointment, and operation of family care

18         councils; requiring establishment of a training

19         program for council members; providing for

20         reimbursement for members' per diem and travel

21         expenses; deleting references to health and

22         human services boards; creating s. 402.73,

23         F.S.; providing contracting and performance

24         standards for contracted client services;

25         providing conditions for competitive

26         procurement; providing for procurement and

27         contract for services that involve multiple

28         providers; providing requirements relating to

29         matching contributions; providing for

30         independent contract for assessment and case

31         management services; providing for penalties;


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    ENROLLED

    2000 Legislature                      HB 2125, Third Engrossed



  1         requiring certain notice; providing for

  2         standards of conduct and disciplinary actions

  3         with respect to department employees carrying

  4         out contracting responsibilities; providing

  5         requirements relating to the developmental

  6         services Medicaid waiver service system;

  7         requiring a report; providing for cancellation

  8         of provider contracts; restricting new

  9         contracts with canceled providers; providing

10         that contract documents include a requirement

11         that any state funds provided for purchase of

12         or improvement to real property are contingent

13         upon the granting of a security interest;

14         providing for performance-based incentives;

15         creating s.  402.731, F.S.; authorizing

16         certification programs for department employees

17         and service providers; providing rulemaking

18         authority; requiring employment programs for

19         staff to facilitate transition to privatized

20         community-based care; requiring contracts for

21         outpatient services; authorizing certain

22         time-limited exempt positions; amending s.

23         409.1671, F.S., relating to foster care and

24         related services; deleting provisions relating

25         to a statewide privatization plan; deleting

26         requirement that excess earnings be distributed

27         to all entities contributing to the excess;

28         providing for the designation of more than one

29         eligible lead community-based provider within a

30         single county under certain circumstances;

31         providing the establishment of a risk pool to


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    ENROLLED

    2000 Legislature                      HB 2125, Third Engrossed



  1         reduce financial risk to community-based

  2         providers; excluding certain entities from

  3         certain insurance requirements; providing for

  4         any excess earnings to be distributed to all

  5         entities contributing to the excess; creating

  6         s. 409.1675, F.S.; providing conditions and

  7         procedures for placing a lead community-based

  8         provider in receivership; providing for notice

  9         and hearing; providing powers and duties of a

10         receiver; providing for compensation; providing

11         liability; requiring a receiver to post a bond

12         under certain circumstances; providing for

13         termination of receivership; amending s.

14         409.176, F.S.; authorizing the facility

15         administrator or designee to consent to routine

16         and emergency medical care within specified

17         conditions; amending ss. 20.43, 39.001,

18         39.0015, 39.01, 39.201, 39.302, 216.136,

19         381.0072, 383.14, 393.064, 393.13, 394.462,

20         394.4674, 394.67, 394.75, 397.311, 397.321,

21         397.821, 397.901, 400.435, 402.17, 402.3015,

22         402.40, 402.47, 409.152, 409.1673, 410.0245,

23         411.01, 411.223, 411.224, 414.028, 414.105,

24         414.36, 916.107, 985.223, and 985.413, F.S.;

25         providing changes to conform with the

26         provisions of the act; repealing s. 402.185(2),

27         F.S., relating to funding for staff of the

28         Office of Standards and Evaluation of the

29         department; repealing s. 409.152(6), F.S.,

30         relating to designation of family preservation

31         programs by the health and human services


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    ENROLLED

    2000 Legislature                      HB 2125, Third Engrossed



  1         boards; providing a directive to the statute

  2         editors to conform terminology; providing

  3         incentive grants for children's services

  4         council or juvenile welfare board; providing

  5         requirements; authorizing rules; requiring the

  6         Correctional Privatization Commission in

  7         consultation with the Department of Children

  8         and Family Services to issue a request for

  9         proposal for the financing, design,

10         construction, acquisition, ownership, leasing,

11         and operation of a specified secure facility to

12         house and rehabilitate certain sexual

13         predators; authorizing the Secretary of

14         Children and Family Services to approve the

15         request for proposal, the successful bidder,

16         and the contract; providing authority for the

17         commission to enter into a contract with a

18         provider; providing authority of the contractor

19         with respect to financing of the project;

20         providing authority of the state to enter into

21         certain agreements; providing for termination

22         of a specified program upon completion of the

23         facility; amending s. 409.145, F.S.;

24         authorizing the Department of Children and

25         Family Services to continue providing foster

26         care services to certain individuals who are

27         enrolled full-time in a degree-granting program

28         in a postsecondary educational institution;

29         specifying circumstances under which such

30         services shall be terminated; repealing s.

31         216.1365, F.S.; requiring the Criminal Justice


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    ENROLLED

    2000 Legislature                      HB 2125, Third Engrossed



  1         Estimating Conference to project future bed

  2         needs and other program needs for sexually

  3         violent predators; amending s. 216.136, F.S.;

  4         requiring the Criminal Justice Estimating

  5         Conference to project future bed needs and

  6         other program needs for sexually violent

  7         predators; amending s. 960.07, F.S.; expanding

  8         the time within which a victim of an offense

  9         committed by a sexually violent predator may

10         apply for compensation from the Crimes

11         Compensation Trust Fund; amending s. 394.913,

12         F.S.; increasing the period of time for the

13         multidisciplinary team to determine if an

14         offender is a sexually violent predator;

15         amending s. 394.930, F.S.; requiring the

16         Department of Children and Family Services to

17         adopt rules for education and training for

18         members of multidisciplinary teams and other

19         professionals who evaluate sexually violent

20         predators; amending s. 394.931, F.S.; requiring

21         the Department of Children and Family Services

22         to implement a long-term study to determine the

23         effectiveness of involuntary civil commitment

24         of sexually violent predators; directing the

25         Department of Children and Family Services to

26         study the feasibility of establishing a

27         certification or licensure program for

28         non-clinical social workers; requiring a report

29         to the Legislature; creating s. 784.085, F.S.;

30         prohibiting battery of a child by throwing,

31         tossing, projecting, or expelling certain


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    ENROLLED

    2000 Legislature                      HB 2125, Third Engrossed



  1         fluids; providing a penalty; providing a

  2         definition; amending s. 921.0022, F.S.,

  3         relating to the criminal Punishment Code;

  4         conforming provisions to changes made by the

  5         act; creating s. 683.23, F.S.; designating the

  6         second Monday in September of each year as

  7         "Florida Missing Children's Day"; providing

  8         legislative intent with respect to providing

  9         competent legal representation for children in

10         state custody; requiring that the Office of the

11         State Courts Administrator create a pilot

12         Attorney Ad Litem Program in the Ninth Judicial

13         Circuit; authorizing the office to contract

14         with a private or public entity to operate the

15         pilot program; providing for the pilot program

16         to operate independently of other state

17         agencies responsible for the care of children

18         in state custody; providing for administration

19         of the program; requiring that the Office of

20         the State Courts Administrator develop a

21         training program for attorneys ad litem;

22         requiring that the court direct the pilot

23         program to assign an attorney ad litem;

24         requiring that the Department of Children and

25         Family Services provide information to the

26         pilot-program administrator; providing for

27         assigning an attorney ad litem to represent the

28         child's wishes; requiring the Office of the

29         State Courts Administrator to make annual

30         reports to the Legislature; requiring that the

31         Office of the States Courts Administrator


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    ENROLLED

    2000 Legislature                      HB 2125, Third Engrossed



  1         evaluate the pilot program; requesting that the

  2         Supreme Court adopt rules of juvenile

  3         procedure; providing appropriations for the

  4         pilot program; providing an effective date.

  5

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

  7

  8         Section 1.  Subsection (4) of section 20.04, Florida

  9  Statutes, is amended to read:

10         20.04  Structure of executive branch.--The executive

11  branch of state government is structured as follows:

12         (4)  Within the Department of Children and Family

13  Services there are organizational units called "program

14  offices," headed by program directors assistant secretaries.

15         Section 2.  Section 20.19, Florida Statutes, is amended

16  to read:

17         (Substantial rewording of section. See

18         s. 20.19, F.S., for present text.)

19         20.19  Department of Children and Families.--There is

20  created a Department of Children and Family Services.

21         (1)  MISSION AND PURPOSE.--

22         (a)  The mission of the Department of Children and

23  Family Services is to work in partnership with local

24  communities to ensure the safety, well being, and

25  self-sufficiency of the people served.

26         (b)  The department shall develop a strategic plan for

27  fulfilling its mission and establish a set of measurable

28  goals, objectives, performance standards, and quality

29  assurance requirements to ensure that the department is

30  accountable to the people of Florida.

31


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    ENROLLED

    2000 Legislature                      HB 2125, Third Engrossed



  1         (c)  To the extent allowed by law and within specific

  2  appropriations, the department shall deliver services by

  3  contract through private providers.

  4         (2)  SECRETARY OF CHILDREN AND FAMILY SERVICES; DEPUTY

  5  SECRETARY.--

  6         (a)  The head of the department is the Secretary of

  7  Children and Family Services. The secretary is appointed by

  8  the Governor, subject to confirmation by the Senate. The

  9  secretary serves at the pleasure of the Governor.

10         (b)  The secretary shall appoint a deputy secretary who

11  shall act in the absence of the secretary. The deputy

12  secretary is directly responsible to the secretary, performs

13  such duties as are assigned by the secretary, and serves at

14  the pleasure of the secretary.

15         (c)  The secretary has the authority and responsibility

16  to ensure that the mission of the department is fulfilled in

17  accordance with state and federal laws, rules, and

18  regulations.

19         (3)  PROGRAM DIRECTORS.--The secretary shall appoint

20  program directors who serve at the pleasure of the secretary.

21  The secretary may delegate to the program directors

22  responsibilities for the management, policy, program, and

23  fiscal functions of the department.

24         (4)  PROGRAM OFFICES AND SUPPORT OFFICES.--

25         (a)  The department is authorized to establish program

26  offices and support offices, each of which shall be headed by

27  a director or other management position who shall be appointed

28  by and serves at the pleasure of the secretary.

29         (b)  The following program offices are established:

30         1.  Adult Services.

31         2.  Child Care Services.


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    ENROLLED

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  1         3.  Developmental Disabilities.

  2         4.  Economic Self-Sufficiency Services.

  3         5.  Family Safety.

  4         6.  Mental Health.

  5         7.  Refugee Services.

  6         8.  Substance Abuse.

  7         (c)  Program offices and support offices may be

  8  consolidated, restructured, or rearranged by the secretary, in

  9  consultation with the Executive Office of the Governor,

10  provided any such consolidation, restructuring, or rearranging

11  is capable of meeting functions and activities and achieving

12  outcomes as delineated in state and federal laws, rules, and

13  regulations. The secretary may appoint additional managers and

14  administrators as he or she determines are necessary for the

15  effective management of the department.

16         (5)  SERVICE DISTRICTS.--

17         (a)  The department shall plan and administer its

18  programs of family services through service districts and

19  subdistricts composed of the following counties:

20         1.  District 1.--Escambia, Santa Rosa, Okaloosa, and

21  Walton Counties.

22         2.  District 2, Subdistrict A.--Holmes, Washington,

23  Bay, Jackson, Calhoun, and Gulf Counties.

24         3.  District 2, Subdistrict B.--Gadsden, Liberty,

25  Franklin, Leon, Wakulla, Jefferson, Madison, and Taylor

26  Counties.

27         4.  District 3.--Hamilton, Suwannee, Lafayette, Dixie,

28  Columbia, Gilchrist, Levy, Union, Bradford, Putnam, and

29  Alachua Counties.

30         5.  District 4.--Baker, Nassau, Duval, Clay, and St.

31  Johns Counties.


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    ENROLLED

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  1         6.  District 5.--Pasco and Pinellas Counties.

  2         7.  District 6.--Hillsborough and Manatee Counties.

  3         8.  District 7, Subdistrict A.--Seminole, Orange, and

  4  Osceola Counties.

  5         9.  District 7, Subdistrict B.--Brevard County.

  6         10.  District 8, Subdistrict A.--Sarasota and DeSoto

  7  Counties.

  8         11.  District 8, Subdistrict B.--Charlotte, Lee,

  9  Glades, Hendry, and Collier Counties.

10         12.  District 9.--Palm Beach County.

11         13.  District 10.--Broward County.

12         14.  District 11, Subdistrict A.--Miami-Dade County.

13         15.  District 11, Subdistrict B.--Monroe County.

14         16.  District 12.--Flagler and Volusia Counties.

15         17.  District 13.--Marion, Citrus, Hernando, Sumter,

16  and Lake Counties.

17         18.  District 14.--Polk, Hardee, and Highlands

18  Counties.

19         19.  District 15.--Indian River, Okeechobee, St. Lucie,

20  and Martin Counties.

21         (b)  The secretary shall appoint a district

22  administrator for each of the service districts.  The district

23  administrator shall serve at the pleasure of the secretary and

24  shall perform such duties as assigned by the secretary.

25  Subject to the approval of the secretary, such duties shall

26  include transferring up to 10 percent of the total district

27  budget, the provisions of ss. 216.292 and 216.351

28  notwithstanding.

29         (c)  Each fiscal year the secretary shall, in

30  consultation with the relevant employee representatives,

31  develop projections of the number of child abuse and neglect


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  1  cases and shall include in the department's legislative budget

  2  request a specific appropriation for funds and positions for

  3  the next fiscal year in order to provide an adequate number of

  4  full-time equivalent:

  5         1.  Child protection investigation workers so that

  6  caseloads do not exceed the Child Welfare League Standards by

  7  more than two cases; and

  8         2.  Child protection case workers so that caseloads do

  9  not exceed the Child Welfare League Standard by more than two

10  cases.

11         (6)  COMMUNITY ALLIANCES.--

12         (a)  The department shall, in consultation with local

13  communities, establish a community alliance of the

14  stakeholders, community leaders, client representatives and

15  funders of human services in each county to provide a focal

16  point for community participation and governance of

17  community-based services.  An alliance may cover more than one

18  county when such arrangement is determined to provide for more

19  effective representation.  The community alliance shall

20  represent the diversity of the community.

21         (b)  The duties of the community alliance shall

22  include, but not necessarily be limited to:

23         1.  Joint planning for resource utilization in the

24  community, including resources appropriated to the department

25  and any funds that local funding sources choose to provide.

26         2.  Needs assessment and establishment of community

27  priorities for service delivery.

28         3.  Determining community outcome goals to supplement

29  state-required outcomes.

30         4.  Serving as a catalyst for community resource

31  development.


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  1         5.  Providing for community education and advocacy on

  2  issues related to delivery of services.

  3         6.  Promoting prevention and early intervention

  4  services.

  5         (c)  The department shall ensure, to the greatest

  6  extent possible, that the formation of each community alliance

  7  builds on the strengths of the existing community human

  8  services infrastructure.

  9         (d)  The initial membership of the community alliance

10  in a county shall be composed of the following:

11         1.  The district administrator.

12         2.  A representative from county government.

13         3.  A representative from the school district.

14         4.  A representative from the county United Way.

15         5.  A representative from the county sheriff's office.

16         6.  A representative from the circuit court

17  corresponding to the county.

18         7.  A representative from the county children's board,

19  if one exists.

20         (e)  At any time after the initial meeting of the

21  community alliance, the community alliance shall adopt bylaws

22  and may increase the membership of the alliance to include

23  individuals and organizations who represent funding

24  organizations, are community leaders, have knowledge of

25  community-based service issues, or otherwise represent

26  perspectives that will enable them to accomplish the duties

27  listed in paragraph (b), if in the judgment of the alliance,

28  such change is necessary to adequately represent the diversity

29  of the population within the community alliance service

30  districts.

31


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  1         (f)  Members of the community alliances shall serve

  2  without compensation, but are entitled to receive

  3  reimbursement for per diem and travel expenses, as provided in

  4  s. 112.061. Payment may also be authorized for preapproved

  5  child care expenses or lost wages for members who are

  6  consumers of the department's services and for preapproved

  7  child care expenses for other members who demonstrate

  8  hardship. 

  9         (g)  Members of a community alliance are subject to the

10  provisions of part III of chapter 112, the Code of Ethics for

11  Public Officers and Employees.

12         (h)  Actions taken by a community alliance must be

13  consistent with department policy and state and federal laws,

14  rules, and regulations.

15         (i)  Alliance members shall annually submit a

16  disclosure statement of services interests to the department's

17  inspector general. Any member who has an interest in a matter

18  under consideration by the alliance must abstain from voting

19  on that matter.

20         (j)  All alliance meetings are open to the public

21  pursuant to s. 286.011 and the public records provision of s.

22  119.07(1).

23         (7)  PROTOTYPE REGION.--

24         (a)  Notwithstanding the provisions of this section,

25  the department may consolidate the management and

26  administrative structure or function of the geographic area

27  that includes the counties in the sixth, twelfth, and

28  thirteenth judicial circuits as defined in s. 26.021.  The

29  department shall evaluate the efficiency and effectiveness of

30  the operation of the prototype region and upon a determination

31  that there has been a demonstrated improvement in management


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    ENROLLED

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  1  and oversight of services or cost savings from more efficient

  2  administration of services, the secretary may consolidate

  3  management and administration of additional areas of the

  4  state.  Any such additional consolidation shall comply with

  5  the provisions of subsection (5) unless legislative

  6  authorization to the contrary is provided.

  7         (b)  Within the prototype region, the budget transfer

  8  authority defined in paragraph (5)(b) shall apply to the

  9  consolidated geographic area.

10         (c)  The department is authorized to contract for

11  children's services with a lead agency in each county of the

12  prototype area, except that the lead agency contract may cover

13  more than one county when it is determined that such coverage

14  will provide more effective or efficient services. The duties

15  of the lead agency shall include, but not necessarily be

16  limited to:

17         1.  Directing and coordinating the program and

18  children's services within the scope if its contract.

19         2.  Contracting for the provision of core services,

20  including intake and eligibility, assessment, service

21  planning, and case management. However, a lead agency may

22  obtain approval from the department to provide core services,

23  including intake and eligibility, assessment, service

24  planning, and case management, upon a finding by the

25  department that such lead agency is the only appropriate

26  organization within the service district capable of providing

27  such service or services within the department's quality

28  assurance and performance standards.

29         3.  Creating a service provider network capable of

30  delivering the services contained in client service plans,

31  which shall include identifying the necessary services, the


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    ENROLLED

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  1  necessary volume of services, and possible utilization

  2  patterns and negotiating rates and expectations with

  3  providers.

  4         4.  Managing and monitoring of provider contracts and

  5  subcontracts.

  6         5.  Developing and implementing an effective bill

  7  payment mechanism to ensure all providers are paid in a timely

  8  fashion.

  9         6.  Providing or arranging for administrative services

10  necessary to support service delivery.

11         7.  Utilizing departmentally approved training and

12  meeting departmentally defined credentials and standards.

13         8.  Providing for performance measurement in accordance

14  with the department's quality assurance program and providing

15  for quality improvement and performance measurement.

16         9.  Developing and maintaining effective interagency

17  collaboration to optimize service delivery.

18         10.  Ensuring that all federal and state reporting

19  requirements are met.

20         11.  Operating a consumer complaint and grievance

21  process.

22         12.  Ensuring that services are coordinated and not

23  duplicated with other major payers, such as the local schools

24  and Medicaid.

25         13.  Any other duties or responsibilities defined in s.

26  409.1671 related to community-based care.

27         (8)  CONSULTATION WITH COUNTIES ON MANDATED

28  PROGRAMS.--It is the intent of the Legislature that when

29  county governments are required by law to participate in the

30  funding of programs, the department shall consult with

31


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  1  designated representatives of county governments in developing

  2  policies and service delivery plans for those programs.

  3         (9)  PROCUREMENT OF HEALTH SERVICES.--Nothing contained

  4  in chapter 287 shall require competitive bids for health

  5  services involving examination, diagnosis, or treatment.

  6         Section 3.  Section 39.3065, Florida Statutes, is

  7  amended to read:

  8         39.3065  Sheriffs of Pasco, Manatee, and Pinellas

  9  Counties to provide child protective investigative services;

10  procedures; funding.--

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

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

13  1999-2000, transfer all responsibility for child protective

14  investigations for Pinellas County, Manatee County, Broward

15  County, and Pasco County to the sheriff of that county in

16  which the child abuse, neglect, or abandonment is alleged to

17  have occurred. Each sheriff is responsible for the provision

18  of all child protective investigations in his or her county.

19  Each individual who provides these services must complete the

20  training provided to and required of protective investigators

21  employed by the Department of Children and Family Services.

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

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

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

25  Funding for the services will be appropriated to the

26  Department of Children and Family Services, and the department

27  shall transfer to the respective sheriffs for the duration of

28  fiscal year 1998-1999, funding for the investigative

29  responsibilities assumed by the sheriffs, including federal

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

31  that portion of general revenue funds which is currently


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  1  associated with the services that are being furnished under

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

  3  investigative, supervisory, and clerical positions; training;

  4  all associated equipment; furnishings; and other fixed capital

  5  items. The contract must specify whether the department will

  6  continue to perform part or none of the child protective

  7  investigations during the initial year. The sheriffs may

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

  9  subcontract with law enforcement officials or with properly

10  trained employees of private agencies to conduct

11  investigations related to neglect cases only. If such a

12  subcontract is awarded, the sheriff must take full

13  responsibility for any safety decision made by the

14  subcontractor and must immediately respond with law

15  enforcement staff to any situation that requires removal of a

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

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

18  are to be performed by departmental employees or by persons

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

20  department is responsible for quality assurance, and the

21  department retains the responsibility for the performance of

22  all child protective investigations. The department must

23  identify any barriers to transferring the entire

24  responsibility for child protective services to the sheriffs'

25  offices and must pursue avenues for removing any such barriers

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

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

28  the President of the Senate, the Speaker of the House of

29  Representatives, and the chairs of the Senate and House

30  committees that oversee departmental activities a report that

31  describes any remaining barriers, including any that pertain


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  1  to funding and related administrative issues. Unless the

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

  3  information, acts to block a transfer of the entire

  4  responsibility for child protective investigations to the

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

  6  County, Broward County, and Pinellas County, beginning in

  7  fiscal year 1999-2000, shall assume the entire responsibility

  8  for such services, as provided in subsection (3).

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

10  sheriffs of Pasco County, Manatee County, Broward County, and

11  Pinellas County have the responsibility to provide all child

12  protective investigations in their respective counties.

13  Beginning in fiscal year 2000-2001, the Department of Children

14  and Family Services is authorized to enter into grant

15  agreements with sheriffs of other counties to perform child

16  protective investigations in their respective counties.

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

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

19  with the performance standards and outcome measures

20  established by the Legislature for protective investigations

21  conducted by the Department of Children and Family Services.

22  Each individual who provides these services must complete, at

23  a minimum, the training provided to and required of protective

24  investigators employed by the Department of Children and

25  Family Services.

26         (c)  Funds for providing child protective

27  investigations in Pasco County, Manatee County, and Pinellas

28  County must be identified in the annual appropriation made to

29  the Department of Children and Family Services, which shall

30  award grants for the full amount identified to the respective

31  sheriffs' offices. Notwithstanding the provisions of ss.


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  1  216.181(15)(b) and 216.351, the Department of Children and

  2  Family Services may advance payments to the sheriffs for child

  3  protective investigations. Funds for the child protective

  4  investigations may not be integrated into the sheriffs'

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

  6  performance of child protective investigations must be

  7  maintained separately from all other records of the sheriffs'

  8  offices and reported to the Department of Children and Family

  9  Services as specified in the grant agreement.

10         (d)  Program performance evaluation shall be based on

11  criteria mutually agreed upon by the respective sheriffs and

12  the Department of Children and Family Services. The program

13  performance evaluation shall be conducted by a team of peer

14  reviewers from the respective sheriffs' offices that perform

15  child protective investigations and representatives from the

16  department. a committee of seven persons appointed by the

17  Governor and selected from those persons serving on the

18  Department of Children and Family Services District 5 Health

19  and Human Services Board and District 6 Health and Human

20  Services Board.  Two of the Governor's appointees must be

21  residents of Pasco County, two of the Governor's appointees

22  must be residents of Manatee County, and two of the Governor's

23  appointees must be residents of Pinellas County. Such

24  appointees shall serve at the pleasure of the Governor. The

25  individuals appointed must have demonstrated experience in

26  outcome evaluation, social service areas of protective

27  investigation, or child welfare supervision. The Department of

28  Children and Family Services committee shall submit an annual

29  report regarding quality performance, outcome-measure

30  attainment, and cost efficiency to the President of the

31  Senate, the Speaker of the House of Representatives, and to


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  1  the Governor no later than January 31 of each year the

  2  sheriffs are receiving general appropriations to provide child

  3  protective investigations.

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

  5  Broward County shall perform the same child protective

  6  investigative services according to the same standards as are

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

  8  and Pasco County under this section. This subsection expires

  9  July 1, 2000.

10         Section 4.  Paragraph (a) of subsection (2) of section

11  318.21, Florida Statutes, as amended by section 135 of chapter

12  98-403, Laws of Florida, is amended to read:

13         318.21  Disposition of civil penalties by county

14  courts.--All civil penalties received by a county court

15  pursuant to the provisions of this chapter shall be

16  distributed and paid monthly as follows:

17         (2)  Of the remainder:

18         (a)  Five and six-tenths percent shall be paid to the

19  General Revenue Fund of the state, except that the first

20  $300,000 shall be deposited into the Grants and Donations

21  Trust Fund in the state courts system Department of Children

22  and Family Services for administrative costs, training costs,

23  and costs associated with the implementation and maintenance

24  of Florida foster care citizen review panels in a

25  constitutional charter county as provided for in s. 39.702

26  39.4531.

27         Section 5.  Section 393.502, Florida Statutes, is

28  amended to read:

29         393.502  Family care councils.--

30

31


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  1         (1)  CREATION; APPOINTMENT.--There shall be established

  2  and located within each service district of the department of

  3  Children and Family Services a district family care council.

  4         (2)  MEMBERSHIP.--

  5         (a)  Each district family care The council shall

  6  consist of at least 10 and no more than 15 members nine

  7  persons recommended by a majority vote of the district family

  8  care council and appointed by the Governor district health and

  9  human services board.

10         (b)  At least three One-half of the members of the

11  council must be consumers. One such member shall be a consumer

12  who received developmental services within the 4 years prior

13  to the date of recommendation, or the legal guardian of such a

14  consumer. The remainder of the council members shall be

15  parents, guardians, or siblings who are family members or

16  legal guardians of persons with developmental disabilities who

17  qualify for developmental services pursuant to this chapter.

18  At least one-half of the members of the council shall be

19  current consumers of developmental services.

20         (c)  A person who is currently serving on another board

21  or council of the department may not be appointed to a

22  district family care council.

23         (d)  Employees of the department are not eligible to

24  serve on a district family care council.

25         (e)  Persons related by consanguinity or affinity

26  within the third degree shall not serve on the same district

27  family care council at the same time.

28         (f)  A chair chairperson for the council shall must be

29  chosen by the council members to serve for 1 year. A person

30  may serve no more than four 1-year terms as chair.

31         (3)  TERMS; VACANCIES.--


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  1         (a)  Council members shall be appointed for a 3-year

  2  2-year term, except as provided in subsection (8), and may be

  3  reappointed to not more than one additional term. A person who

  4  is currently serving on another board or council of the

  5  department may not be appointed to a family care council.

  6         (b)  A member who has served two consecutive terms

  7  shall not be eligible to serve again until 12 months have

  8  elapsed since ending his or her service on the district

  9  council.

10         (c)  Upon expiration of a term or in the case of any

11  other vacancy, the district council shall, by majority vote,

12  recommend to the Governor for appointment a person for each

13  vacancy. If the Governor does not act on the council's

14  recommendations within 45 days after receiving them, the

15  persons recommended shall be considered to be appointed.

16         (4)  COMMITTEE APPOINTMENTS.--The chair of the district

17  family care council may appoint persons to serve on council

18  committees. Such persons may include former members of the

19  council and persons not eligible to serve on the council.

20         (5)  TRAINING.--

21         (a)  The department, in consultation with the district

22  councils, shall establish a training program for district

23  family care council members. Each district shall provide the

24  training program when new persons are appointed to the

25  district council and at other times as the secretary deems

26  necessary.

27         (b)  The training shall assist the council members to

28  understand the laws, rules, and policies applicable to their

29  duties and responsibilities.

30         (c)  All persons appointed to a district council must

31  complete this training within 90 days after their appointment.


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  1  A person who fails to meet this requirement shall be

  2  considered to have resigned from the council.

  3         (6)(2)  MEETINGS; CONTINUED EXISTENCE.--Council members

  4  shall serve on a voluntary basis without payment for their

  5  services but shall be reimbursed for per diem and travel

  6  expenses as provided for in s. 112.061.  The council shall

  7  meet at least six times per year once a month.

  8         (7)(3)  PURPOSE.--The purpose of the district family

  9  care councils shall be to advise the health and human services

10  boards of the department and its district advisory boards, to

11  develop a plan for the delivery of developmental services

12  family support within the district, and to monitor the

13  implementation and effectiveness of services and support

14  provided under the plan.  The primary functions of the

15  district family care councils shall be to:

16         (a)  Assist in providing information and outreach to

17  families.

18         (b)  Review the effectiveness of developmental services

19  programs and make recommendations with respect to program

20  implementation.

21         (c)  Advise district developmental services

22  administrators with respect to policy issues relevant to the

23  community and family support system in the district.

24         (d)  Meet and share information with other district

25  family care councils.

26         (8)  NEW COUNCILS.--When a district family care council

27  is established for the first time in a district, the Governor

28  shall appoint the first four council members, who shall serve

29  3-year terms. These members shall submit to the Governor,

30  within 90 days after their appointment, recommendations for at

31  least six additional members, selected by majority vote. If


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  1  the Governor does not act on the recommendations within 45

  2  days after receiving them, the persons recommended shall be

  3  considered to be appointed. Those members recommended for

  4  appointment by the Governor shall serve for 2 years.

  5         (9)  FUNDING; FINANCIAL REVIEW.--The district family

  6  care council may apply for, receive, and accept grants, gifts,

  7  donations, bequests, and other payments from any public or

  8  private entity or person. Each district council shall be

  9  subject to an annual financial review by district staff

10  assigned by the district administrator. Each district council

11  shall exercise care and prudence in the expenditure of funds.

12  The district family care councils shall comply with state

13  expenditure requirements.

14         Section 6.  Section 393.503, Florida Statutes, is

15  amended to read:

16         393.503  Respite and family care subsidy expenditures;

17  funding.--The Department of Children and Family Services shall

18  determine the amount of expenditures per fiscal year for the

19  respite and family care subsidy to families and individuals

20  with developmental disabilities living in their own homes.

21  This information shall be made available to the family care

22  councils and to others requesting the information.  The family

23  care councils shall review the expenditures and make

24  recommendations to the department health and human services

25  board with respect to any new funds that are made available

26  for family care.

27         Section 7.  Section 402.73, Florida Statutes, is

28  created to read:

29         402.73  Contracting and performance standards.--

30         (1)  The Department of Children and Family Services

31  shall establish performance standards for all contracted


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  1  client services. Notwithstanding s. 287.057(3)(f), the

  2  department must competitively procure any contract for client

  3  services when any of the following occurs:

  4         (a)  The provider fails to meet appropriate performance

  5  standards established by the department after the provider has

  6  been given a reasonable opportunity to achieve the established

  7  standards.

  8         (b)  A new program or service has been authorized and

  9  funded by the Legislature and the annual value of the contract

10  for such program or service is $300,000 or more.

11         (c)  The department has concluded, after reviewing

12  market prices and available treatment options, that there is

13  evidence that the department can improve the performance

14  outcomes produced by its contract resources. At a minimum, the

15  department shall review market prices and available treatment

16  options biennially. The department shall compile the results

17  of the biennial review and include the results in its annual

18  performance report to the Legislature pursuant to chapter

19  94-249, Laws of Florida. The department shall provide notice

20  and an opportunity for public comment on its review of market

21  prices and available treatment options.

22         (2)  The competitive requirements of subsection (1)

23  must be initiated for each contract that meets the criteria of

24  this subsection, unless the secretary makes a written

25  determination that particular facts and circumstances require

26  deferral of the competitive process. Facts and circumstances

27  must be specifically described for each individual contract

28  proposed for deferral and must include one or more of the

29  following:

30         (a)  An immediate threat to the health, safety, or

31  welfare of the department's clients.


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  1         (b)  A threat to appropriate use or disposition of

  2  facilities that have been financed in whole, or in substantial

  3  part, through contracts or agreements with a state agency.

  4         (c)  A threat to the service infrastructure of a

  5  community which could endanger the well-being of the

  6  department's clients.

  7

  8  Competitive procurement of client services contracts that meet

  9  the criteria in subsection (1) may not be deferred for longer

10  than 1 year.

11         (3)  The Legislature intends that the department obtain

12  services in the manner that is most cost-effective for the

13  state, that provides the greatest long-term benefits to the

14  clients receiving services, and that minimizes the disruption

15  of client services. In order to meet these legislative goals,

16  the department may adopt rules providing procedures for the

17  competitive procurement of contracted client services which

18  represent an alternative to the request-for-proposal or

19  invitation-to-bid process. The alternative competitive

20  procedures shall permit the department to solicit professional

21  qualifications from prospective providers and to evaluate such

22  statements of qualification before requesting service

23  proposals. The department may limit the firms invited to

24  submit service proposals to only those firms that have

25  demonstrated the highest level of professional capability to

26  provide the services under consideration, but may not invite

27  fewer than three firms to submit service proposals, unless

28  fewer than three firms submitted satisfactory statements of

29  qualification. The alternative procedures must, at a minimum,

30  allow the department to evaluate competing proposals and

31  select the proposal that provides the greatest benefit to the


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  1  state while considering the quality of the services,

  2  dependability, and integrity of the provider, the

  3  dependability of the provider's services, the experience of

  4  the provider in serving target populations or client groups

  5  substantially identical to members of the target population

  6  for the contract in question, and the ability of the provider

  7  to secure local funds to support the delivery of services,

  8  including, but not limited to, funds derived from local

  9  governments. These alternative procedures need not conform to

10  the requirements of s. 287.042 or s. 287.057(1) or (2).

11         (4)  The department shall review the period for which

12  it executes contracts and, to the greatest extent practicable,

13  shall execute multiyear contracts to make the most efficient

14  use of the resources devoted to contract processing and

15  execution.

16         (5)  When it is in the best interest of a defined

17  segment of its consumer population, the department may

18  competitively procure and contract for systems of treatment or

19  service that involve multiple providers, rather than procuring

20  and contracting for treatment or services separately from each

21  participating provider. The department must ensure that all

22  providers that participate in the treatment or service system

23  meet all applicable statutory, regulatory, service-quality,

24  and cost-control requirements. If other governmental entities

25  or units of special purpose government contribute matching

26  funds to the support of a given system of treatment or

27  service, the department shall formally request information

28  from those funding entities in the procurement process and may

29  take the information received into account in the selection

30  process. If a local government contributes match to support

31  the system of treatment or contracted service and if the match


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  1  constitutes at least 25 percent of the value of the contract,

  2  the department shall afford the governmental match contributor

  3  an opportunity to name an employee to the selection team

  4  required by s. 287.057(15). Any employee so named shall

  5  qualify as one of the employees required by s. 287.057(15).

  6  The selection team shall include the named employee unless the

  7  department sets forth in writing the reason such inclusion

  8  would be contrary to the best interests of the state. No

  9  governmental entity or unit of special purpose government may

10  name an employee to the selection team if it, or any of its

11  political subdivisions, executive agencies, or special

12  districts, intends to compete for the contract to be awarded.

13  The governmental funding entity or match contributor shall

14  comply with any deadlines and procurement procedures

15  established by the department. The department may also involve

16  nongovernmental funding entities in the procurement process

17  when appropriate.

18         (6)  The department may contract for or provide

19  assessment and case management services independently from

20  treatment services.

21         (7)  The department shall adopt, by rule, provisions

22  for including in its contracts incremental penalties to be

23  imposed by its contract managers on a service provider due to

24  the provider's failure to comply with a requirement for

25  corrective action. Any financial penalty that is imposed upon

26  a provider may not be paid from funds being used to provide

27  services to clients, and the provider may not reduce the

28  amount of services being delivered to clients as a method for

29  offsetting the impact of the penalty. If a financial penalty

30  is imposed upon a provider that is a corporation, the

31  department shall notify, at a minimum, the board of directors


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  1  of the corporation. The department may notify, at its

  2  discretion, any additional parties that the department

  3  believes may be helpful in obtaining the corrective action

  4  that is being sought. Further, the rules adopted by the

  5  department must include provisions that permit the department

  6  to deduct the financial penalties from funds that would

  7  otherwise be due to the provider, not to exceed 10 percent of

  8  the amount that otherwise would be due to the provider for the

  9  period of noncompliance. If the department imposes a financial

10  penalty, it shall advise the provider in writing of the cause

11  for the penalty. A failure to include such deductions in a

12  request for payment constitutes a ground for the department to

13  reject that request for payment. The remedies identified in

14  this subsection do not limit or restrict the department's

15  application of any other remedy available to it in the

16  contract or under law. The remedies described in this

17  subsection may be cumulative and may be assessed upon each

18  separate failure to comply with instructions from the

19  department to complete corrective action.

20         (8)  The department shall develop standards of conduct

21  and a range of disciplinary actions for its employees which

22  are specifically related to carrying out contracting

23  responsibilities.

24         (9)  The department must implement systems and controls

25  to ensure financial integrity and service provision quality in

26  the developmental services Medicaid waiver service system. The

27  Auditor General shall include specific reference to systems

28  and controls related to financial integrity in the

29  developmental services Medicaid waiver service system in his

30  or her audit of the department for each fiscal year.

31


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  1         (10)  If a provider fails to meet the performance

  2  standards established in the contract, the department may

  3  allow a reasonable period for the provider to correct

  4  performance deficiencies. If performance deficiencies are not

  5  resolved to the satisfaction of the department within the

  6  prescribed time, and if no extenuating circumstances can be

  7  documented by the provider to the department's satisfaction,

  8  the department must cancel the contract with the provider. The

  9  department may not enter into a new contract with that same

10  provider for the services for which the contract was

11  previously canceled for a period of at least 24 months after

12  the date of cancellation. If an adult substance abuse services

13  provider fails to meet the performance standards established

14  in the contract, the department may allow a reasonable period,

15  not to exceed 6 months, for the provider to correct

16  performance deficiencies. If the performance deficiencies are

17  not resolved to the satisfaction of the department within 6

18  months, the department must cancel the contract with the adult

19  substance abuse provider, unless there is no other qualified

20  provider in the service district.

21         (11)  The department shall include in its standard

22  contract document a requirement that any state funds provided

23  for the purchase of or improvements to real property are

24  contingent upon the contractor or political subdivision

25  granting to the state a security interest in the property at

26  least to the amount of the state funds provided for at least 5

27  years from the date of purchase or the completion of the

28  improvements or as further required by law. The contract must

29  include a provision that, as a condition of receipt of state

30  funding for this purpose, the provider agrees that, if it

31  disposes of the property before the department's interest is


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  1  vacated, the provider will refund the proportionate share of

  2  the state's initial investment, as adjusted by depreciation.

  3         (12)  The department shall develop and refine

  4  contracting and accountability methods that are

  5  administratively efficient and that provide for optimal

  6  provider performance.

  7         (13)  The department may competitively procure any

  8  contract when it deems it is in the best interest of the state

  9  to do so. The requirements described in subsection (1) do not,

10  and may not be construed to, limit in any way the department's

11  ability to competitively procure any contract it executes, and

12  the absence of any or all of the criteria described in

13  subsection (1) may not be used as the basis for an

14  administrative or judicial protest of the department's

15  determination to conduct competition, make an award, or

16  execute any contract.

17         (14)  A contract may include cost-neutral,

18  performance-based incentives that may vary according to the

19  extent a provider achieves or surpasses the performance

20  standards set forth in the contract. Such incentives may be

21  weighted proportionally to reflect the extent to which the

22  provider has demonstrated that it has consistently met or

23  exceeded the contractual requirements and the department's

24  performance standards.

25         (15)  Nothing contained in chapter 287 shall require

26  competitive bids for health services involving examination,

27  diagnosis, or treatment.

28         Section 8.  Section 402.731, Florida Statutes, is

29  created to read:

30         402.731  Department of Children and Family Services

31  certification programs for employees and service providers;


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  1  employment provisions for transition to community-based

  2  care.--

  3         (1)  The Department of Children and Family Services is

  4  authorized to create certification programs for its employees

  5  and service providers to ensure that only qualified employees

  6  and service providers provide client services. The department

  7  is authorized to develop rules that include qualifications for

  8  certification, including training and testing requirements,

  9  continuing education requirements for ongoing certification,

10  and decertification procedures to be used to determine when an

11  individual no longer meets the qualifications for

12  certification and to implement the decertification of an

13  employee or agent.

14         (2)  The department shall develop and implement

15  employment programs to attract and retain competent staff to

16  support and facilitate the transition to privatized

17  community-based care. Such employment programs shall include

18  lump-sum bonuses, salary incentives, relocation allowances, or

19  severance pay. The department shall also contract for the

20  delivery or administration of outplacement services. The

21  department shall establish time-limited exempt positions as

22  provided in s. 110.205(2)(h), in accordance with the authority

23  provided in s. 216.262(1)(c)1. Employees appointed to fill

24  such exempt positions shall have the same salaries and

25  benefits as career service employees.

26         Section 9.  Paragraphs (a), (b), and (d) of subsection

27  (1), paragraph (c) of subsection (3), and paragraph (a) of

28  subsection (4) of section 409.1671, Florida Statutes, are

29  amended, present subsection (7) is renumbered as subsection

30  (9), and new subsections (7) and (8) are added to said

31  section, to read:


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  1         409.1671  Foster care and related services;

  2  privatization.--

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

  4  Department of Children and Family Services shall privatize the

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

  6  further the Legislature's intent to encourage communities and

  7  other stakeholders in the well-being of children to

  8  participate in assuring that children are safe and

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

10  governments are presently funding portions of certain foster

11  care and related services programs and may choose to expand

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

13  its privatization of foster care and related services that any

14  county, municipality, or special district be required to

15  assist in funding programs that previously have been funded by

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

17  municipality, or special district from future voluntary

18  funding participation in foster care and related services. As

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

20  with competent, community-based agencies. The department shall

21  submit a plan to accomplish privatization statewide, through a

22  competitive process, phased in over a 3-year period beginning

23  January 1, 2000. This plan is to be submitted by July 1, 1999,

24  to the President of the Senate, the Speaker of the House of

25  Representatives, the Governor, and the minority leaders of

26  both houses. This plan must be developed with local community

27  participation, including, but not limited to, input from

28  community-based providers that are currently under contract

29  with the department to furnish community-based foster care and

30  related services, and must include a methodology for

31  determining and transferring all available funds, including


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

  2  earn and that portion of general revenue funds which is

  3  currently associated with the services that are being

  4  furnished under contract. Notwithstanding the provisions of s.

  5  215.425, all documented federal funds earned for the current

  6  fiscal year by the department and community-based agencies

  7  which exceed the amount appropriated by the Legislature shall

  8  be distributed to all entities that contributed to the excess

  9  earnings based on a schedule and methodology developed by the

10  department and approved by the Executive Office of the

11  Governor. Distribution shall be pro rata based on total

12  earnings and shall be made only to those entities that

13  contributed to excess earnings. Excess earnings of

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

15  which they were earned. Additional state funds appropriated by

16  the Legislature for community-based agencies or made available

17  pursuant to the budgetary amendment process described in s.

18  216.177 shall be transferred to the community-based agencies.

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

20  to permit expenditure of the funds. The distribution program

21  applies only to entities that were under privatization

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

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

24  2002. The Office of Program Policy Analysis and Government

25  Accountability shall review this program and report to the

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

27  program to determine how the additional resources were used,

28  the number of additional clients served, the improvements in

29  quality of service attained, the performance outcomes

30  associated with the additional resources, and the feasibility

31  of continuing or expanding this program. The methodology must


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  1  provide for the transfer of funds appropriated and budgeted

  2  for all services and programs that have been incorporated into

  3  the project, including all management, capital (including

  4  current furniture and equipment), and administrative funds to

  5  accomplish the transfer of these programs. This methodology

  6  must address expected workload and at least the 3 previous

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

  8  any district or portion of a district in which privatization

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

10  department must clearly state in its plan the reasons the

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

12  remediate the obstacles, which may include alternatives to

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

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

15  preservation, independent living, emergency shelter,

16  residential group care, foster care, therapeutic foster care,

17  intensive residential treatment, foster care supervision, case

18  management, postplacement supervision, permanent foster care,

19  and family reunification. Unless otherwise provided for,

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

21  or the Office of the Attorney General shall provide child

22  welfare legal services, pursuant to chapter 39 and other

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

24  and Manatee Counties.  Such legal services shall commence and

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

26  respective state attorney or the Office of the Attorney

27  General, after the privatization of associated programs and

28  child protective investigations has occurred.  When a private

29  nonprofit agency has received case management

30  responsibilities, transferred from the state under this

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


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

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

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

  4  child is unavailable and his or her whereabouts cannot

  5  reasonably be ascertained. The private nonprofit agency may

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

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

  8  or her whereabouts cannot reasonably be ascertained, and a

  9  court order for such emergency medical services cannot be

10  obtained because of the severity of the emergency or because

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

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

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

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

15  circumstances.

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

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

18  department shall contract for the provision of child

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

20  county. The secretary of the department may authorize more

21  than one eligible lead community-based provider within a

22  single county when to do so will result in more effective

23  delivery of foster care and related services. To compete for a

24  privatization project, such agency must have:

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

26  all child protective services in the designated community in

27  cooperation with child protective investigations.

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

29  to exit for all children referred from the protective

30  investigation and court systems.

31


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  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         (d)  Other than an entity to which s. 768.28 applies,

18  any eligible lead community-based provider, as defined in

19  paragraph (b), or its employees or officers, except as

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

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

22  per incident in general liability insurance coverage. In any

23  tort action brought against such an eligible lead

24  community-based provider, net economic damages shall be

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

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

27  earning capacity, offset by any collateral source payment paid

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

29  eligible lead community-based provider, noneconomic damages

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

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


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  1  amount exceeding the limits specified in this paragraph. Any

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

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

  4  768.76. The lead community-based provider shall not be liable

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

  6  officers, agents, or employees of its subcontractors.

  7         (3)

  8         (c)  The annual contract between the department and

  9  community-based agencies must include provisions that specify

10  the procedures to be used by the parties to resolve

11  differences in interpreting the contract or to resolve

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

13  their respective obligations under the contract.

14         (4)(a)  The department shall establish a quality

15  assurance program for privatized services. The quality

16  assurance program shall be based on standards established may

17  be performed by a national accrediting organization such as

18  the Council on Accreditation of Services for Families and

19  Children, Inc. (COA) or the Council on Accreditation of

20  Rehabilitation Facilities (CARF). The department may shall

21  develop a request for proposal for such oversight. This

22  program must be developed and administered at a statewide

23  level. The Legislature intends that the department be

24  permitted to have limited flexibility to use funds for

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

26  2000, the department may transfer up to 0.125 percent of the

27  total funds from categories used to pay for these

28  contractually provided services, but the total amount of such

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

30  When necessary, the department may establish, in accordance

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


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  1  devoted to these functions. Any positions required under this

  2  paragraph may be established, notwithstanding ss.

  3  216.262(1)(a) and 216.351. The department, in consultation

  4  with the community-based agencies that are undertaking the

  5  privatized projects, shall establish minimum thresholds for

  6  each component of service, consistent with standards

  7  established by the Legislature. Each program operated under

  8  contract with a community-based agency must be evaluated

  9  annually by the department. The department shall submit an

10  annual report regarding quality performance, outcome measure

11  attainment, and cost efficiency to the President of the

12  Senate, the Speaker of the House of Representatives, the

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

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

15  project in operation during the preceding fiscal year.

16         (7)  The department is authorized to establish and

17  administer a risk pool to reduce the financial risk to

18  eligible lead community-based providers resulting from

19  unanticipated caseload growth.

20         (8)  Notwithstanding the provisions of s. 215.425, all

21  documented federal funds earned for the current fiscal year by

22  the department and community-based agencies which exceed the

23  amount appropriated by the Legislature shall be distributed to

24  all entities that contributed to the excess earnings based on

25  a schedule and methodology developed by the department and

26  approved by the Executive Office of the Governor. Distribution

27  shall be pro rata based on total earnings and shall be made

28  only to those entities that contributed to excess earnings.

29  Excess earnings of community-based agencies shall be used only

30  in the service district in which they were earned. Additional

31  state funds appropriated by the Legislature for


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  1  community-based agencies or made available pursuant to the

  2  budgetary amendment process described in s. 216.177 shall be

  3  transferred to the community-based agencies. The department

  4  shall amend a community-based agency's contract to permit

  5  expenditure of the funds. The distribution program applies

  6  only to entities that were under privatization contracts as of

  7  July 1, 1999. This program is authorized for a period of 3

  8  years beginning July 1, 1999, and ending June 30, 2002. The

  9  Office of Program Policy Analysis and Government

10  Accountability shall review this program and report to the

11  President of the Senate and the Speaker of the House of

12  Representatives by December 31, 2001. The review shall assess

13  the program to determine how the additional resources were

14  used, the number of additional clients served, the

15  improvements in quality of service attained, the performance

16  outcomes associated with the additional resources, and the

17  feasibility of continuing or expanding this program.

18         Section 10.  Section 409.1675, Florida Statutes, is

19  created to read:

20         409.1675  Lead community-based providers;

21  receivership.--

22         (1)  The Department of Children and Family Services may

23  petition a court of competent jurisdiction for the appointment

24  of a receiver for a lead community-based provider established

25  pursuant to s. 409.1671 when any of the following conditions

26  exist:

27         (a)  The lead community-based provider is operating

28  without a license as a child-placing agency.

29         (b)  The lead community-based provider has given less

30  than 120 days notice of its intent to cease operations, and

31  arrangements have not been made for another lead


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  1  community-based provider or for the department to continue the

  2  uninterrupted provision of services.

  3         (c)  The department determines that conditions exist in

  4  the lead community-based provider which present an imminent

  5  danger to the health, safety, or welfare of the dependent

  6  children under that provider's care or supervision. Whenever

  7  possible, the department shall make a reasonable effort to

  8  facilitate the continued operation of the program.

  9         (d)  The lead community-based provider cannot meet its

10  current financial obligations to its employees, contractors,

11  or foster parents. Issuance of bad checks or the existence of

12  delinquent obligations for payment of salaries, utilities, or

13  invoices for essential services or commodities shall

14  constitute prima facie evidence that the lead community-based

15  provider lacks the financial ability to meet its financial

16  obligations.

17         (2)(a)  The petition for receivership shall take

18  precedence over other court business unless the court

19  determines that some other pending proceeding, having

20  statutory precedence, has priority.

21         (b)  A hearing shall be conducted within 5 days after

22  the filing of the petition, at which time interested parties

23  shall have the opportunity to present evidence as to whether a

24  receiver should be appointed. The department shall give

25  reasonable notice of the hearing on the petition to the lead

26  community-based provider.

27         (c)  The court shall grant the petition upon finding

28  that one or more of the conditions in subsection (1) exists

29  and the continued existence of the condition or conditions

30  jeopardizes the health, safety, or welfare of dependent

31  children. A receiver may be appointed ex parte when the court


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  1  determines that one or more of the conditions in subsection

  2  (1) exists. After such finding, the court may appoint any

  3  person, including an employee of the department who is

  4  qualified by education, training, or experience to carry out

  5  the duties of the receiver pursuant to this section, except

  6  that the court shall not appoint any member of the governing

  7  board or any officer of the lead community-based provider. The

  8  receiver may be selected from a list of persons qualified to

  9  act as receivers which is developed by the department and

10  presented to the court with each petition of receivership.

11         (d)  A receiver may be appointed for up to 90 days and

12  the department may petition the court for additional 30-day

13  extensions. Sixty days after appointment of a receiver and

14  every 30 days thereafter until the receivership is terminated,

15  the department shall submit to the court an assessment of the

16  lead community-based provider's ability to ensure the health,

17  safety, and welfare of the dependent children under its

18  supervision.

19         (3)  The receiver shall take such steps as are

20  reasonably necessary to ensure the continued health, safety,

21  and welfare of the dependent children under the supervision of

22  the lead community-based provider and shall exercise those

23  powers and perform those duties set out by the court,

24  including, but not limited to:

25         (a)  Taking such action as is reasonably necessary to

26  protect or conserve the assets or property of the lead

27  community-based provider. The receiver may use the assets and

28  property and any proceeds from any transfer thereof only in

29  the performance of the powers and duties set forth in this

30  section and by order of the court.

31


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  1         (b)  Using the assets of the lead community-based

  2  provider in the provision of care and services to dependent

  3  children.

  4         (c)  Entering into contracts and hiring agents and

  5  employees to carry out the powers and duties of the receiver

  6  under this section.

  7         (d)  Having full power to direct, manage, hire, and

  8  discharge employees of the lead community-based provider. The

  9  receiver shall hire and pay new employees at the rate of

10  compensation, including benefits, approved by the court.

11         (e)  Honoring all leases, mortgages, and contractual

12  obligations of the lead community-based provider, but only to

13  the extent of payments that become due during the period of

14  the receivership.

15         (4)(a)  The receiver shall deposit funds received in a

16  separate account and shall use this account for all

17  disbursements.

18         (b)  A payment to the receiver of any sum owing to the

19  lead community-based provider shall discharge any obligation

20  to the provider to the extent of the payment.

21         (5)  A receiver may petition the court for temporary

22  relief from obligations entered into by the lead

23  community-based provider if the rent, price, or rate of

24  interest required to be paid under the agreement was

25  substantially in excess of a reasonable rent, price, or rate

26  of interest at the time the contract was entered into, or if

27  any material provision of the agreement was unreasonable when

28  compared to contracts negotiated under similar conditions. Any

29  relief in this form provided by the court shall be limited to

30  the life of the receivership, unless otherwise determined by

31  the court.


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  1         (6)  The court shall set the compensation of the

  2  receiver, which shall be considered a necessary expense of a

  3  receivership and may grant to the receiver such other

  4  authority necessary to ensure the health, safety, and welfare

  5  of the children served.

  6         (7)  A receiver may be held liable in a personal

  7  capacity only for the receiver's own gross negligence,

  8  intentional acts, or breaches of fiduciary duty. This section

  9  shall not be interpreted to be a waiver of sovereign immunity

10  should the department be appointed receiver.

11         (8)  If the receiver is not the department, the court

12  may require a receiver to post a bond to ensure the faithful

13  performance of these duties.

14         (9)  The court may terminate a receivership when:

15         (a)  The court determines that the receivership is no

16  longer necessary because the conditions that gave rise to the

17  receivership no longer exist; or

18         (b)  The department has entered into a contract with a

19  new lead community-based provider pursuant to s. 409.1671 and

20  that contractor is ready and able to assume the duties of the

21  previous provider.

22         (10)  Within 30 days after the termination, unless this

23  time period is extended by the court, the receiver shall give

24  the court a complete accounting of all property of which the

25  receiver has taken possession, of all funds collected and

26  disbursed, and of the expenses of the receivership.

27         (11)  Nothing in this section shall be construed to

28  relieve any employee of the lead community-based provider

29  placed in receivership of any civil or criminal liability

30  incurred, or any duty imposed by law, by reason of acts or

31  omissions of the employee prior to the appointment of a


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  1  receiver; nor shall anything contained in this section be

  2  construed to suspend during the receivership any obligation of

  3  the employee for payment of taxes or other operating or

  4  maintenance expenses of the lead community-based provider or

  5  for the payment of mortgages or liens. The lead

  6  community-based provider shall retain the right to sell or

  7  mortgage any facility under receivership, subject to the prior

  8  approval of the court that ordered the receivership.

  9         Section 11.  Paragraph (g) in subsection (6) of section

10  409.176, Florida Statutes, is created to read:

11         409.176  Registration of residential child-caring

12  agencies and family foster homes.--

13         (6)  Each child served by a Type II facility shall be

14  covered by a written contract, executed at the time of

15  admission or prior thereto, between the facility and the

16  parent, legal guardian, or person having legal custody of the

17  child. Such person shall be given a copy of the contract at

18  the time of its execution, and the facility shall retain the

19  original contract. Each contract shall:

20         (a)  Enumerate the basic services and accommodations

21  provided by the facility.

22         (b)  State that the facility is a Type II facility.

23         (c)  Contain the address and telephone number of the

24  qualified association.

25         (d)  Specify the charges, if any, to the parent, legal

26  guardian, or person having legal custody of the child.

27         (e)  Contain a clear statement regarding disciplinary

28  procedures.

29         (f)  State that the goal of the facility is to return

30  the child it serves to the parent, legal guardian, or person

31


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  1  having legal custody of the child, within 1 year from the time

  2  the child enters the facility.

  3         (g)  Authorize the facility administrator or his or her

  4  designee to consent to routine and emergency medical care on

  5  behalf of the parent, legal guardian, or person having legal

  6  custody of the child, provided the facility administrator

  7  shall immediately notify the parent, legal guardian, or person

  8  having legal custody of the child of medical care being

  9  provided on their behalf. Authorization of this power shall be

10  granted only upon the separate consent in the contract of the

11  parent, legal guardian, or person having legal custody of the

12  child.

13

14  A copy of the contract signed by the parent, legal guardian,

15  or person having legal custody of the child shall be filed

16  with the qualified association within 10 days after the child

17  enters the facility.

18         Section 12.  Subsection (5) of section 20.43, Florida

19  Statutes, is amended to read:

20         20.43  Department of Health.--There is created a

21  Department of Health.

22         (5)  The department shall plan and administer its

23  public health programs through its county health departments

24  and may, for administrative purposes and efficient service

25  delivery, establish up to 15 service areas to carry out such

26  duties as may be prescribed by the secretary. The boundaries

27  of the service areas shall be the same as, or combinations of,

28  the service districts of the Department of Children and Family

29  Services health and human services boards established in s.

30  20.19 and, to the extent practicable, shall take into

31


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  1  consideration the boundaries of the jobs and education

  2  regional boards.

  3         Section 13.  Paragraph (e) of subsection (2) and

  4  paragraph (b) of subsection (7) of section 39.001, Florida

  5  Statutes, are amended to read:

  6         39.001  Purposes and intent; personnel standards and

  7  screening.--

  8         (2)  DEPARTMENT CONTRACTS.--The department may contract

  9  with the Federal Government, other state departments and

10  agencies, county and municipal governments and agencies,

11  public and private agencies, and private individuals and

12  corporations in carrying out the purposes of, and the

13  responsibilities established in, this chapter.

14         (e)  The department shall develop and implement a

15  written and performance-based testing and evaluation program

16  pursuant to s. 20.19(4), to ensure measurable competencies of

17  all employees assigned to manage or supervise cases of child

18  abuse, abandonment, and neglect.

19         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

20         (b)  The development of the comprehensive state plan

21  shall be accomplished in the following manner:

22         1.  The department shall establish an interprogram task

23  force comprised of the Program Director for Family Safety

24  Assistant Secretary for Children and Family Services, or a

25  designee, a representative from the Child Care Services

26  Children and Families Program Office, a representative from

27  the Family Safety Program Office, a representative from the

28  Alcohol, Drug Abuse, and Mental Health Program Office, a

29  representative from the Substance Abuse Program Office, a

30  representative from the Developmental Disabilities Services

31  Program Office, a representative from the Office of Standards


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  1  and Evaluation, and a representative from the Division of

  2  Children's Medical Services of the Department of Health.

  3  Representatives of the Department of Law Enforcement and of

  4  the Department of Education shall serve as ex officio members

  5  of the interprogram task force. The interprogram task force

  6  shall be responsible for:

  7         a.  Developing a plan of action for better coordination

  8  and integration of the goals, activities, and funding

  9  pertaining to the prevention of child abuse, abandonment, and

10  neglect conducted by the department in order to maximize staff

11  and resources at the state level. The plan of action shall be

12  included in the state plan.

13         b.  Providing a basic format to be utilized by the

14  districts in the preparation of local plans of action in order

15  to provide for uniformity in the district plans and to provide

16  for greater ease in compiling information for the state plan.

17         c.  Providing the districts with technical assistance

18  in the development of local plans of action, if requested.

19         d.  Examining the local plans to determine if all the

20  requirements of the local plans have been met and, if they

21  have not, informing the districts of the deficiencies and

22  requesting the additional information needed.

23         e.  Preparing the state plan for submission to the

24  Legislature and the Governor. Such preparation shall include

25  the collapsing of information obtained from the local plans,

26  the cooperative plans with the Department of Education, and

27  the plan of action for coordination and integration of

28  departmental activities into one comprehensive plan. The

29  comprehensive plan shall include a section reflecting general

30  conditions and needs, an analysis of variations based on

31  population or geographic areas, identified problems, and


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  1  recommendations for change. In essence, the plan shall provide

  2  an analysis and summary of each element of the local plans to

  3  provide a statewide perspective. The plan shall also include

  4  each separate local plan of action.

  5         f.  Working with the specified state agency in

  6  fulfilling the requirements of subparagraphs 2., 3., 4., and

  7  5.

  8         2.  The department, the Department of Education, and

  9  the Department of Health shall work together in developing

10  ways to inform and instruct parents of school children and

11  appropriate district school personnel in all school districts

12  in the detection of child abuse, abandonment, and neglect and

13  in the proper action that should be taken in a suspected case

14  of child abuse, abandonment, or neglect, and in caring for a

15  child's needs after a report is made. The plan for

16  accomplishing this end shall be included in the state plan.

17         3.  The department, the Department of Law Enforcement,

18  and the Department of Health shall work together in developing

19  ways to inform and instruct appropriate local law enforcement

20  personnel in the detection of child abuse, abandonment, and

21  neglect and in the proper action that should be taken in a

22  suspected case of child abuse, abandonment, or neglect.

23         4.  Within existing appropriations, the department

24  shall work with other appropriate public and private agencies

25  to emphasize efforts to educate the general public about the

26  problem of and ways to detect child abuse, abandonment, and

27  neglect and in the proper action that should be taken in a

28  suspected case of child abuse, abandonment, or neglect.  The

29  plan for accomplishing this end shall be included in the state

30  plan.

31


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  1         5.  The department, the Department of Education, and

  2  the Department of Health shall work together on the

  3  enhancement or adaptation of curriculum materials to assist

  4  instructional personnel in providing instruction through a

  5  multidisciplinary approach on the identification,

  6  intervention, and prevention of child abuse, abandonment, and

  7  neglect. The curriculum materials shall be geared toward a

  8  sequential program of instruction at the four progressional

  9  levels, K-3, 4-6, 7-9, and 10-12. Strategies for encouraging

10  all school districts to utilize the curriculum are to be

11  included in the comprehensive state plan for the prevention of

12  child abuse, abandonment, and neglect.

13         6.  Each district of the department shall develop a

14  plan for its specific geographical area. The plan developed at

15  the district level shall be submitted to the interprogram task

16  force for utilization in preparing the state plan. The

17  district local plan of action shall be prepared with the

18  involvement and assistance of the local agencies and

19  organizations listed in paragraph (a), as well as

20  representatives from those departmental district offices

21  participating in the treatment and prevention of child abuse,

22  abandonment, and neglect. In order to accomplish this, the

23  district administrator in each district shall establish a task

24  force on the prevention of child abuse, abandonment, and

25  neglect. The district administrator shall appoint the members

26  of the task force in accordance with the membership

27  requirements of this section. In addition, the district

28  administrator shall ensure that each subdistrict is

29  represented on the task force; and, if the district does not

30  have subdistricts, the district administrator shall ensure

31  that both urban and rural areas are represented on the task


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  1  force. The task force shall develop a written statement

  2  clearly identifying its operating procedures, purpose, overall

  3  responsibilities, and method of meeting responsibilities. The

  4  district plan of action to be prepared by the task force shall

  5  include, but shall not be limited to:

  6         a.  Documentation of the magnitude of the problems of

  7  child abuse, including sexual abuse, physical abuse, and

  8  emotional abuse, and child abandonment and neglect in its

  9  geographical area.

10         b.  A description of programs currently serving abused,

11  abandoned, and neglected children and their families and a

12  description of programs for the prevention of child abuse,

13  abandonment, and neglect, including information on the impact,

14  cost-effectiveness, and sources of funding of such programs.

15         c.  A continuum of programs and services necessary for

16  a comprehensive approach to the prevention of all types of

17  child abuse, abandonment, and neglect as well as a brief

18  description of such programs and services.

19         d.  A description, documentation, and priority ranking

20  of local needs related to child abuse, abandonment, and

21  neglect prevention based upon the continuum of programs and

22  services.

23         e.  A plan for steps to be taken in meeting identified

24  needs, including the coordination and integration of services

25  to avoid unnecessary duplication and cost, and for alternative

26  funding strategies for meeting needs through the reallocation

27  of existing resources, utilization of volunteers, contracting

28  with local universities for services, and local government or

29  private agency funding.

30

31


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  1         f.  A description of barriers to the accomplishment of

  2  a comprehensive approach to the prevention of child abuse,

  3  abandonment, and neglect.

  4         g.  Recommendations for changes that can be

  5  accomplished only at the state program level or by legislative

  6  action.

  7         Section 14.  Paragraph (b) of subsection (3) of section

  8  39.0015, Florida Statutes, is amended to read:

  9         39.0015  Child abuse prevention training in the

10  district school system.--

11         (3)  DEFINITIONS.--As used in this section:

12         (b)  "Child abuse" means those acts as defined in ss.

13  39.01(1), (2), (30), (43), (45), (52), and (63) (44), (46),

14  (53), and (64), 827.04, and 984.03(1), (2), and (39).

15         Section 15.  Subsection (31) of section 39.01, Florida

16  Statutes, is repealed, subsection (25) of that section is

17  amended, present subsections (32) through (41) and (43)

18  through (72) of that section are redesignated as subsections

19  (32) through (40) and (42) through (71), respectively, present

20  subsection (42) of that section is redesignated as subsection

21  (41) and amended, and a new subsection (72) is added to that

22  section, to read:

23         39.01  Definitions.--When used in this chapter, unless

24  the context otherwise requires:

25         (25)  "District administrator" means the chief

26  operating officer of each service district of the department

27  as defined in s. 20.19(5)(7) and, where appropriate, includes

28  any district administrator whose service district falls within

29  the boundaries of a judicial circuit.

30         (41)(42)  "Long-term custody" or "long-term custodial

31  relationship" means the relationship that a juvenile court


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  1  order creates between a child and an adult relative of the

  2  child or other legal custodian approved by the court when the

  3  child cannot be placed in the custody of a parent and adoption

  4  termination of parental rights is not deemed to be in the best

  5  interest of the child. Long-term custody confers upon the

  6  relative or other legal custodian, other than the department,

  7  the right to physical custody of the child, a right which will

  8  not be disturbed by the court except upon request of the legal

  9  custodian or upon a showing that the best interest of the

10  child necessitates a change of custody for the child. A

11  relative or other legal custodian who has been designated as a

12  long-term custodian shall have all of the rights and duties of

13  a parent, including, but not limited to, the right and duty to

14  protect, train, and discipline the child and to provide the

15  child with food, shelter, and education, and ordinary medical,

16  dental, psychiatric, and psychological care, unless these

17  rights and duties are otherwise enlarged or limited by the

18  court order establishing the long-term custodial relationship.

19         (72)  "Long-term licensed custody" means the

20  relationship that a juvenile court order creates between a

21  child and a placement licensed by the state to provide

22  residential care for dependent children, if the licensed

23  placement is willing and able to continue to care for the

24  child until the child reaches the age of majority.

25         Section 16.  Present subsection (10) of section 39.013,

26  Florida Statutes, is amended, present subsections (4) through

27  (10) are renumbered as subsections (5) through (11),

28  respectively, and a new subsection (4) is added to that

29  section, to read:

30         39.013  Procedures and jurisdiction; right to

31  counsel.--


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  1         (4)  The order of the circuit court hearing dependency

  2  matters shall be filed by the clerk of the court in any

  3  dissolution or other custody action or proceeding and shall

  4  take precedence over other custody and visitation orders

  5  entered in those actions.

  6         (11)(10)  Court-appointed counsel representing indigent

  7  parents or legal guardians at shelter hearings shall be paid

  8  from state funds appropriated by general law.

  9         Section 17.  Subsections (2) and (3), paragraph (a) of

10  subsection (4), and paragraphs (b) and (d) of subsection (6)

11  of section 39.0132, Florida Statutes, are amended to read:

12         39.0132  Oaths, records, and confidential

13  information.--

14         (2)  The court shall make and keep records of all cases

15  brought before it pursuant to this chapter and shall preserve

16  the records pertaining to a dependent child until 7 years

17  after the last entry was made, or until the child is 18 years

18  of age, whichever date is first reached, and may then destroy

19  them, except that records of cases where orders were entered

20  permanently depriving a parent of the custody of a juvenile

21  shall be preserved permanently.  The court shall make official

22  records, consisting of all petitions and orders filed in a

23  case arising pursuant to this chapter part and any other

24  pleadings, certificates, proofs of publication, summonses,

25  warrants, and other writs which may be filed therein.

26         (3)  The clerk shall keep all court records required by

27  this chapter part separate from other records of the circuit

28  court.  All court records required by this chapter part shall

29  not be open to inspection by the public.  All records shall be

30  inspected only upon order of the court by persons deemed by

31  the court to have a proper interest therein, except that,


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  1  subject to the provisions of s. 63.162, a child and the

  2  parents of the child and their attorneys, guardian ad litem,

  3  law enforcement agencies, and the department and its designees

  4  shall always have the right to inspect and copy any official

  5  record pertaining to the child.  The court may permit

  6  authorized representatives of recognized organizations

  7  compiling statistics for proper purposes to inspect and make

  8  abstracts from official records, under whatever conditions

  9  upon their use and disposition the court may deem proper, and

10  may punish by contempt proceedings any violation of those

11  conditions.

12         (4)(a)  All information obtained pursuant to this part

13  in the discharge of official duty by any judge, employee of

14  the court, authorized agent of the department, correctional

15  probation officer, or law enforcement agent is confidential

16  and exempt from s. 119.07(1) and may not be disclosed to

17  anyone other than the authorized personnel of the court, the

18  department and its designees, correctional probation officers,

19  law enforcement agents, guardian ad litem, and others entitled

20  under this chapter to receive that information, except upon

21  order of the court.

22         (6)  No court record of proceedings under this chapter

23  shall be admissible in evidence in any other civil or criminal

24  proceeding, except that:

25         (b)  Records of proceedings under this chapter part

26  forming a part of the record on appeal shall be used in the

27  appellate court in the manner hereinafter provided.

28         (d)  Records of proceedings under this chapter part may

29  be used to prove disqualification pursuant to s. 435.06 and

30  for proof regarding such disqualification in a chapter 120

31  proceeding.


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  1         Section 18.  Paragraph (e) of subsection (2) of section

  2  39.202, Florida Statutes, is amended to read:

  3         39.202  Confidentiality of reports and records in cases

  4  of child abuse or neglect.--

  5         (2)  Access to such records, excluding the name of the

  6  reporter which shall be released only as provided in

  7  subsection (4), shall be granted only to the following

  8  persons, officials, and agencies:

  9         (e)  Any person alleged in the report as having caused

10  the abuse, abandonment, or neglect of a child. This access

11  shall be made available no later than 30 days after the

12  department receives the initial report of abuse, abandonment,

13  or neglect and, when the alleged perpetrator is not a parent,

14  shall be limited to information involving the protective

15  investigation only and shall not include any information

16  relating to subsequent dependency proceedings. However, any

17  information otherwise made confidential or exempt by law shall

18  not be released pursuant to this paragraph.

19         Section 19.  Paragraph (c) of subsection (8) of section

20  39.402, Florida Statutes, is amended to read:

21         39.402  Placement in a shelter.--

22         (8)

23         (c)  At the shelter hearing, the court shall:

24         1.  Appoint a guardian ad litem to represent the best

25  interest of the child, unless the court finds that such

26  representation is unnecessary;

27         2.  Inform the parents or legal custodians of their

28  right to counsel to represent them at the shelter hearing and

29  at each subsequent hearing or proceeding, and the right of the

30  parents to appointed counsel, pursuant to the procedures set

31  forth in s. 39.013; and


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  1         3.  Give the parents or legal custodians an opportunity

  2  to be heard and to present evidence.

  3         Section 20.  Subsection (18) of section 39.502, Florida

  4  Statutes, is amended to read:

  5         39.502  Notice, process, and service.--

  6         (18)  In all proceedings under this part chapter, the

  7  court shall provide to the parent or legal custodian of the

  8  child, at the conclusion of any hearing, a written notice

  9  containing the date of the next scheduled hearing. The court

10  shall also include the date of the next hearing in any order

11  issued by the court.

12         Section 21.  Subsection (5) of section 39.503, Florida

13  Statutes, is amended to read:

14         39.503  Identity or location of parent unknown; special

15  procedures.--

16         (5)  If the inquiry under subsection (1) identifies a

17  parent or prospective parent, and that person's location is

18  unknown, the court shall direct the petitioner department to

19  conduct a diligent search for that person before scheduling a

20  disposition hearing regarding the dependency of the child

21  unless the court finds that the best interest of the child

22  requires proceeding without notice to the person whose

23  location is unknown.

24         Section 22.  (1)  Present part VII of chapter 39,

25  Florida Statutes, is redesignated as part VIII, and a new part

26  VII, is created, consisting of section 39.521, Florida

27  Statutes, entitled "Disposition; Postdisposition Change of

28  Custody."

29         (2)  Present parts VIII through XI of chapter 39,

30  Florida Statutes, are redesignated as parts X through XIII,

31  respectively, and a new part IX is created, consisting of


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  1  sections 39.621, 39.622, 39.623, and 39.624, Florida Statutes,

  2  entitled "Permanency."

  3         Section 23.  Section 39.508, Florida Statutes, is

  4  renumbered as section 39.521, Florida Statutes, and amended to

  5  read:

  6         39.521 39.508  Disposition hearings; powers of

  7  disposition.--

  8         (1)  A At the disposition hearing shall be conducted by

  9  the court, if the court finds that the facts alleged in the

10  petition for dependency were proven in the adjudicatory

11  hearing, or if the parents or legal custodians have consented

12  to the finding of dependency or admitted the allegations in

13  the petition, have failed to appear for the arraignment

14  hearing after proper notice, or have not been located despite

15  a diligent search having been conducted.

16         (a)  A written, the court shall receive and consider a

17  case plan and a predisposition study prepared, which must be

18  in writing and presented by an authorized agent of the

19  department must be filed with the court and served upon the

20  parents of the child, provided to the representative of the

21  guardian ad litem program, if the program has been appointed,

22  and provided to all other parties, not less than 72 hours

23  before the disposition hearing. All such case plans must be

24  approved by the court. If the court does not approve the case

25  plan at the disposition hearing, the court must set a hearing

26  within 30 days after the disposition hearing to review and

27  approve the case plan.

28         (b)  When any child is adjudicated by a court to be

29  dependent, the court having jurisdiction of the child has the

30  power by order to:

31


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  1         1.  Require the parent and, when appropriate, the legal

  2  custodian and the child, to participate in treatment and

  3  services identified as necessary.

  4         2.  Require, if the court deems necessary, the parties

  5  to participate in dependency mediation.

  6         3.  Require placement of the child either under the

  7  protective supervision of an authorized agent of the

  8  department in the home of one or both of the child's parents

  9  or in the home of a relative of the child or another adult

10  approved by the court, or in the custody of the department.

11  Protective supervision continues until the court terminates it

12  or until the child reaches the age of 18, whichever date is

13  first. Protective supervision shall be terminated by the court

14  whenever the court determines that permanency has been

15  achieved for the child, whether with a parent, another

16  relative, or a legal custodian, and that protective

17  supervision is no longer needed. The termination of

18  supervision may be with or without retaining jurisdiction, at

19  the court's discretion, and shall in either case be considered

20  a permanency option for the child. The order terminating

21  supervision by the department shall set forth the powers of

22  the custodian of the child and shall include the powers

23  ordinarily granted to a guardian of the person of a minor

24  unless otherwise specified. Upon the court's termination of

25  supervision by the department, no further judicial reviews are

26  required, so long as permanency has been established for the

27  child.

28         (c)  At the conclusion of the disposition hearing, the

29  court shall schedule the initial judicial review hearing which

30  must be held no later than 90 days after the date of the

31  disposition hearing or after the date of the hearing at which


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  1  the court approves the case plan, whichever occurs earlier,

  2  but in no event shall the review hearing be held later than 6

  3  months after the date of the child's removal from the home.

  4         (d)  The court shall, in its written order of

  5  disposition, include all of the following:

  6         1.  The placement or custody of the child.

  7         2.  Special conditions of placement and visitation.

  8         3.  Evaluation, counseling, treatment activities, and

  9  other actions to be taken by the parties, if ordered.

10         4.  The persons or entities responsible for supervising

11  or monitoring services to the child and parent.

12         5.  Continuation or discharge of the guardian ad litem,

13  as appropriate.

14         6.  The date, time, and location of the next scheduled

15  review hearing, which must occur within the earlier of:

16         a.  Ninety days after the disposition hearing;

17         b.  Ninety days after the court accepts the case plan;

18         c.  Six months after the date of the last review

19  hearing; or

20         d.  Six months after the date of the child's removal

21  from his or her home, if no review hearing has been held since

22  the child's removal from the home.

23         7.  If the child is in an out-of-home placement, child

24  support to be paid by the parents, or the guardian of the

25  child's estate if possessed of assets which under law may be

26  disbursed for the care, support, and maintenance of the child.

27  The court may exercise jurisdiction over all child support

28  matters, shall adjudicate the financial obligation, including

29  health insurance, of the child's parents or guardian, and

30  shall enforce the financial obligation as provided in chapter

31  61. The state's child support enforcement agency shall enforce


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  1  child support orders under this section in the same manner as

  2  child support orders under chapter 61.  Placement of the child

  3  shall not be contingent upon issuance of a support order.

  4         8.a.  If the court does not commit the child to the

  5  temporary legal custody of an adult relative, legal custodian,

  6  or other adult approved by the court, the disposition order

  7  shall include the reasons for such a decision and shall

  8  include a determination as to whether diligent efforts were

  9  made by the department to locate an adult relative, legal

10  custodian, or other adult willing to care for the child in

11  order to present that placement option to the court instead of

12  placement with the department.

13         b.  If diligent efforts are made to locate an adult

14  relative willing and able to care for the child but, because

15  no suitable relative is found, the child is placed with the

16  department or a legal custodian or other adult approved by the

17  court, both the department and the court shall consider

18  transferring temporary legal custody to an adult relative

19  approved by the court at a later date, but neither the

20  department nor the court is obligated to so place the child if

21  it is in the child's best interest to remain in the current

22  placement.

23

24  For the purposes of this subparagraph, "diligent efforts to

25  locate an adult relative" means a search similar to the

26  diligent search for a parent, but without the continuing

27  obligation to search after an initial adequate search is

28  completed.

29         9.  Other requirements necessary to protect the health,

30  safety, and well-being of the child, to preserve the stability

31


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  1  of the child's educational placement, and to promote family

  2  preservation or reunification whenever possible.

  3         (e)  If the court finds that the prevention or

  4  reunification efforts of the department will allow the child

  5  to remain safely at home or be safely returned to the home,

  6  the court shall allow the child to remain in or return to the

  7  home after making a specific finding of fact that the reasons

  8  for removal have been remedied to the extent that the child's

  9  safety, well-being, and physical, mental, and emotional health

10  will not be endangered.

11         (f)  If the court places the child in an out-of-home

12  placement, the disposition order must include a written

13  determination that the child cannot safely remain at home with

14  reunification or family preservation services and that removal

15  of the child is necessary to protect the child. If the child

16  has been removed before the disposition hearing, the order

17  must also include a written determination as to whether, after

18  removal, the department has made a reasonable effort to

19  reunify the parent and child, if reasonable efforts are

20  required. Reasonable efforts to reunify are not required if

21  the court has found that any of the acts listed in s.

22  39.806(1)(f)-(i) have occurred. The department has the burden

23  of demonstrating that it has made reasonable efforts under

24  this paragraph.

25         1.  For the purposes of this paragraph, the term

26  "reasonable effort" means the exercise of reasonable diligence

27  and care by the department to provide the services ordered by

28  the court or delineated in the case plan.

29         2.  In support of its determination as to whether

30  reasonable efforts have been made, the court shall:

31


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  1         a.  Enter written findings as to whether or not

  2  prevention or reunification efforts were indicated.

  3         b.  If prevention or reunification efforts were

  4  indicated, include a brief written description of what

  5  appropriate and available prevention and reunification efforts

  6  were made.

  7         c.  Indicate in writing why further efforts could or

  8  could not have prevented or shortened the separation of the

  9  parent and child.

10         3.  A court may find that the department has made a

11  reasonable effort to prevent or eliminate the need for removal

12  if:

13         a.  The first contact of the department with the family

14  occurs during an emergency;

15         b.  The appraisal by the department of the home

16  situation indicates that it presents a substantial and

17  immediate danger to the child's safety or physical, mental, or

18  emotional health which cannot be mitigated by the provision of

19  preventive services;

20         c.  The child cannot safely remain at home, either

21  because there are no preventive services that can ensure the

22  health and safety of the child or, even with appropriate and

23  available services being provided, the health and safety of

24  the child cannot be ensured; or

25         d.  The parent is alleged to have committed any of the

26  acts listed as grounds for expedited termination of parental

27  rights in s. 39.806(1)(f)-(i).

28         4.  A reasonable effort by the department for

29  reunification of the parent and child has been made if the

30  appraisal of the home situation by the department indicates

31  that the severity of the conditions of dependency is such that


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  1  reunification efforts are inappropriate. The department has

  2  the burden of demonstrating to the court that reunification

  3  efforts were inappropriate.

  4         5.  If the court finds that the prevention or

  5  reunification effort of the department would not have

  6  permitted the child to remain safely at home, the court may

  7  commit the child to the temporary legal custody of the

  8  department or take any other action authorized by this

  9  chapter.

10         (2)  The predisposition study shall cover for any

11  dependent child all factors specified in s. 61.13(3), and must

12  also provide the court with the following documented

13  information:

14         (a)  The capacity and disposition of the parents to

15  provide the child with food, clothing, medical care, or other

16  remedial care recognized and permitted under the laws of this

17  state in lieu of medical care, and other material needs.

18         (b)  The length of time the child has lived in a

19  stable, satisfactory environment and the desirability of

20  maintaining continuity.

21         (c)  The mental and physical health of the parents.

22         (d)  The home, school, and community record of the

23  child.

24         (e)  The reasonable preference of the child, if the

25  court deems the child to be of sufficient intelligence,

26  understanding, and experience to express a preference.

27         (f)  Evidence of domestic violence or child abuse.

28         (g)(a)  An assessment defining the dangers and risks of

29  returning the child home, including a description of the

30  changes in and resolutions to the initial risks.

31


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  1         (h)(b)  A description of what risks are still present

  2  and what resources are available and will be provided for the

  3  protection and safety of the child.

  4         (i)(c)  A description of the benefits of returning the

  5  child home.

  6         (j)(d)  A description of all unresolved issues.

  7         (k)(e)  A Florida Abuse Hotline Information System

  8  (FAHIS) An abuse registry history and criminal records check

  9  for all caregivers, family members, and individuals residing

10  within the household from which the child was removed.

11         (l)(f)  The complete report and recommendation of the

12  child protection team of the Department of Health or, if no

13  report exists, a statement reflecting that no report has been

14  made.

15         (m)(g)  All opinions or recommendations from other

16  professionals or agencies that provide evaluative, social,

17  reunification, or other services to the parent and child.

18         (n)(h)  A listing The availability of appropriate and

19  available prevention and reunification services for the parent

20  and child to prevent the removal of the child from the home or

21  to reunify the child with the parent after removal, including

22  the availability of family preservation services and an

23  explanation of the following:

24         1.  If the services were or were not provided.

25         2.  If the services were provided, the outcome of the

26  services.

27         3.  If the services were not provided, why they were

28  not provided.

29         4.  If the services are currently being provided and if

30  they need to be continued through the Family Builders Program,

31  the Intensive Crisis Counseling Program, or both.


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  1         (o)(i)  A listing The inappropriateness of other

  2  prevention and reunification services that were available but

  3  determined to be inappropriate and why.

  4         (j)  The efforts by the department to prevent

  5  out-of-home placement of the child or, when applicable, to

  6  reunify the parent and child if appropriate services were

  7  available, including the application of intensive family

  8  preservation services through the Family Builders Program, the

  9  Intensive Crisis Counseling Program, or both.

10         (k)  Whether the services were provided to the parent

11  and child.

12         (l)  If the services were provided, whether they were

13  sufficient to meet the needs of the child and the parent and

14  to enable the child to remain safely at home or to be returned

15  home.

16         (m)  If the services were not provided, the reasons for

17  such lack of action.

18         (n)  The need for, or appropriateness of, continuing

19  the services if the child remains in the custody of the parent

20  or if the child is placed outside the home.

21         (p)(o)  Whether dependency mediation was provided.

22         (q)(p)  If the child has been removed from the home and

23  there is a parent or legal custodian who may be considered for

24  custody pursuant to this section, a recommendation as to

25  whether placement of the child with that parent or legal

26  custodian would be detrimental to the child.

27         (r)(q)  If the child has been removed from the home and

28  will be remaining with a relative or other adult approved by

29  the court, a home study report concerning the proposed

30  placement shall be included in the predisposition report.

31  Prior to recommending to the court any out-of-home placement


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  1  for a child other than placement in a licensed shelter or

  2  foster home, the department shall conduct a study of the home

  3  of the proposed legal custodians, which must include, at a

  4  minimum:

  5         1.  An interview with the proposed legal custodians to

  6  assess their ongoing commitment and ability to care for the

  7  child.

  8         2.  Records checks through the Florida Abuse Hotline

  9  Information System (FAHIS), and local and statewide criminal

10  and juvenile records checks through the Department of Law

11  Enforcement, on all household members 12 years of age or older

12  and any other persons made known to the department who are

13  frequent visitors in the home.  Out-of-state criminal records

14  checks must be initiated for any individual designated above

15  who has resided in a state other than Florida provided that

16  state's laws allow the release of these records.  The

17  out-of-state criminal records must be filed with the court

18  within 5 days after receipt by the department or its agent.

19         3.  An assessment of the physical environment of the

20  home.

21         4.  A determination of the financial security of the

22  proposed legal custodians.

23         5.  A determination of suitable child care arrangements

24  if the proposed legal custodians are employed outside of the

25  home.

26         6.  Documentation of counseling and information

27  provided to the proposed legal custodians regarding the

28  dependency process and possible outcomes.

29         7.  Documentation that information regarding support

30  services available in the community has been provided to the

31  proposed legal custodians.


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  1

  2  The department shall not place the child or continue the

  3  placement of the child in a home under shelter or

  4  postdisposition placement if the results of the home study are

  5  unfavorable, unless the court finds that this placement is in

  6  the child's best interest.

  7         (s)(r)  If the child has been removed from the home, a

  8  determination of the amount of child support each parent will

  9  be required to pay pursuant to s. 61.30.

10         (t)  If placement of the child with anyone other than

11  the child's parent is being considered, the predisposition

12  study shall include the designation of a specific length of

13  time as to when custody by the parent will be reconsidered.

14

15  Any other relevant and material evidence, including other

16  written or oral reports, may be received by the court in its

17  effort to determine the action to be taken with regard to the

18  child and may be relied upon to the extent of its probative

19  value, even though not competent in an adjudicatory hearing.

20  Except as otherwise specifically provided, nothing in this

21  section prohibits the publication of proceedings in a hearing.

22         (3)(a)1.  Notwithstanding s. 435.045(1), the department

23  may place a child in a foster home which otherwise meets

24  licensing requirements if state and local criminal records

25  checks do not disqualify the applicant, and the department has

26  submitted fingerprint information to the Florida Department of

27  Law Enforcement for forwarding to the Federal Bureau of

28  Investigation and is awaiting the results of the federal

29  criminal records check.

30         2.  Prospective and approved foster parents must

31  disclose to the department any prior or pending local, state,


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  1  or federal criminal proceedings in which they are or have been

  2  involved.

  3         (b)  Prior to recommending to the court any out-of-home

  4  placement for a child other than placement in a licensed

  5  shelter or foster home, the department shall conduct a study

  6  of the home of the proposed legal custodians, which must

  7  include, at a minimum:

  8         1.  An interview with the proposed legal custodians to

  9  assess their ongoing commitment and ability to care for the

10  child.

11         2.  Records checks through the department's automated

12  abuse information system, and local and statewide criminal and

13  juvenile records checks through the Department of Law

14  Enforcement, on all household members 12 years of age or older

15  and any other persons made known to the department who are

16  frequent visitors in the home.

17         3.  An assessment of the physical environment of the

18  home.

19         4.  A determination of the financial security of the

20  proposed legal custodians.

21         5.  A determination of suitable child care arrangements

22  if the proposed legal custodians are employed outside of the

23  home.

24         6.  Documentation of counseling and information

25  provided to the proposed legal custodians regarding the

26  dependency process and possible outcomes.

27         7.  Documentation that information regarding support

28  services available in the community has been provided to the

29  proposed legal custodians.

30         (c)  The department shall not place the child or

31  continue the placement of the child in the home of the


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  1  proposed legal custodians if the results of the home study are

  2  unfavorable.

  3         (4)  If placement of the child with anyone other than

  4  the child's parent is being considered, the predisposition

  5  study shall include the designation of a specific length of

  6  time as to when custody by the parent will be reconsidered.

  7         (5)  The predisposition study may not be made before

  8  the adjudication of dependency unless the parents of the child

  9  consent.

10         (6)  A case plan and predisposition study must be filed

11  with the court and served upon the parents of the child,

12  provided to the representative of the guardian ad litem

13  program, if the program has been appointed, and provided to

14  all other parties not less than 72 hours before the

15  disposition hearing. All such case plans must be approved by

16  the court. If the court does not approve the case plan at the

17  disposition hearing, the court must set a hearing within 30

18  days after the disposition hearing to review and approve the

19  case plan.

20         (7)  The initial judicial review must be held no later

21  than 90 days after the date of the disposition hearing or

22  after the date of the hearing at which the court approves the

23  case plan, whichever occurs earlier, but in no event shall the

24  review be held later than 6 months after the date of the

25  child's removal from the home.

26         (3)(8)  When any child is adjudicated by a court to be

27  dependent, and the court finds that removal of the child from

28  the custody of a parent or legal custodian is necessary, the

29  court shall determine the appropriate placement for the child

30  as follows:

31


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  1         (a)  If the court determines that the child can safely

  2  remain in the home with the parent with whom the child was

  3  residing at the time the events or conditions arose that

  4  brought the child within the jurisdiction of the court and

  5  that remaining in this home is in the best interest of the

  6  child, then the court shall order conditions under which the

  7  child may remain or return to the home and that this placement

  8  be under the protective supervision of the department for not

  9  less than 6 months.

10         (b)  If first determine whether there is a parent with

11  whom the child was not residing at the time the events or

12  conditions arose that brought the child within the

13  jurisdiction of the court who desires to assume custody of the

14  child and, if such parent requests custody, the court shall

15  place the child with that the parent upon completion of a home

16  study, unless the court it finds that such placement would

17  endanger the safety, well-being, or physical, mental, or

18  emotional health of the child. Any party with knowledge of the

19  facts may present to the court evidence regarding whether the

20  placement will endanger the safety, well-being, or physical,

21  mental, or emotional health of the child. If the court places

22  the child with such parent, it may do either of the following:

23         1.(a)  Order that the parent assume sole custodial

24  responsibilities for the child. The court may also provide for

25  reasonable visitation by the noncustodial parent. The court

26  may then terminate its jurisdiction over the child. The

27  custody order shall continue unless modified by a subsequent

28  order of the circuit court hearing dependency matters. The

29  order of the circuit court hearing dependency matters shall be

30  filed in any dissolution or other custody action or proceeding

31


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  1  between the parents and shall take precedence over other

  2  custody and visitation orders entered in those actions.

  3         2.(b)  Order that the parent assume custody subject to

  4  the jurisdiction of the circuit court hearing dependency

  5  matters. The court may order that reunification services be

  6  provided to the parent from whom the child has been removed,

  7  that services be provided solely to the parent who is assuming

  8  physical custody in order to allow that parent to retain later

  9  custody without court jurisdiction, or that services be

10  provided to both parents, in which case the court shall

11  determine at every review hearing which parent, if either,

12  shall have custody of the child. The standard for changing

13  custody of the child from one parent to another or to a

14  relative or another adult approved by the court shall be the

15  best interest of the child.

16         (c)  If no fit parent is willing or available to assume

17  care and custody of the child, place

18         (9)(a)  When any child is adjudicated by a court to be

19  dependent, the court having jurisdiction of the child has the

20  power, by order, to:

21         1.  Require the parent or legal custodian, and the

22  child when appropriate, to participate in treatment and

23  services identified as necessary.

24         2.  Require the parent or legal custodian, and the

25  child when appropriate, to participate in mediation if the

26  parent or legal custodian refused to participate in mediation.

27         3.  Place the child under the protective supervision of

28  an authorized agent of the department, either in the child's

29  own home or, the prospective custodian being willing, in the

30  home of a relative of the child or of another adult approved

31  by the court, or in some other suitable place under such


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  1  reasonable conditions as the court may direct. Protective

  2  supervision continues until the court terminates it or until

  3  the child reaches the age of 18, whichever date is first.

  4  Protective supervision shall be terminated by the court

  5  whenever the court determines that permanency has been

  6  achieved for the child, whether with a parent, another

  7  relative, or a legal custodian, and that protective

  8  supervision is no longer needed.  The termination of

  9  supervision may be with or without retaining jurisdiction, at

10  the court's discretion, and shall in either case be considered

11  a permanency option for the child.  The order terminating

12  supervision by the department shall set forth the powers of

13  the custodian of the child and shall include the powers

14  ordinarily granted to a guardian of the person of a minor

15  unless otherwise specified. Upon the court's termination of

16  supervision by the department, no further judicial reviews are

17  required, so long as permanency has been established for the

18  child.

19         4.  Place the child in the temporary legal custody of

20  an adult relative or other adult approved by the court who is

21  willing to care for the child, under the protective

22  supervision of the department. The department must supervise

23  this placement until the child reaches permanency status in

24  this home, and in no case for a period of less than 6 months.

25  Permanency in a relative placement shall be by adoption,

26  long-term custody, or guardianship.

27         (d)  If the child cannot be safely placed in a

28  nonlicensed placement, the court shall commit the child to the

29  temporary legal custody of the department. Such commitment

30  invests in the department all rights and responsibilities of a

31  legal custodian. The department shall not return any child to


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  1  the physical care and custody of the person from whom the

  2  child was removed, except for court-approved visitation

  3  periods, without the approval of the court. The term of such

  4  commitment continues until terminated by the court or until

  5  the child reaches the age of 18. After the child is committed

  6  to the temporary legal custody of the department, all further

  7  proceedings under this section are governed by this chapter.

  8

  9  Protective supervision continues until the court terminates it

10  or until the child reaches the age of 18, whichever date is

11  first. Protective supervision shall be terminated by the court

12  whenever the court determines that permanency has been

13  achieved for the child, whether with a parent, another

14  relative, or a legal custodian, and that protective

15  supervision is no longer needed. The termination of

16  supervision may be with or without retaining jurisdiction, at

17  the court's discretion, and shall in either case be considered

18  a permanency option for the child. The order terminating

19  supervision by the department shall set forth the powers of

20  the custodian of the child and shall include the powers

21  ordinarily granted to a guardian of the person of a minor

22  unless otherwise specified. Upon the court's termination of

23  supervision by the department, no further judicial reviews are

24  required, so long as permanency has been established for the

25  child.

26         (4)  An agency granted legal custody shall have the

27  right to determine where and with whom the child shall live,

28  but an individual granted legal custody shall exercise all

29  rights and duties personally unless otherwise ordered by the

30  court.

31


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  1         (5)  In carrying out the provisions of this chapter,

  2  the court may order the parents and legal custodians of a

  3  child who is found to be dependent to participate in family

  4  counseling and other professional counseling activities deemed

  5  necessary for the rehabilitation of the parent or child.

  6         (6)  With respect to a child who is the subject in

  7  proceedings under this chapter, the court may issue to the

  8  department an order to show cause why it should not return the

  9  child to the custody of the parents upon expiration of the

10  case plan, or sooner if the parents have substantially

11  complied with the case plan.

12         (7)  The court may enter an order ending its

13  jurisdiction over a child when a child has been returned to

14  the parents, provided the court shall not terminate its

15  jurisdiction or the department's supervision over the child

16  until 6 months after the child's return. The court shall

17  determine whether its jurisdiction should be continued or

18  terminated in such a case based on a report of the department

19  or agency or the child's guardian ad litem, and any other

20  relevant factors; if its jurisdiction is to be terminated, the

21  court shall enter an order to that effect.

22         5.a.  When the parents have failed to comply with a

23  case plan and the court determines at a judicial review

24  hearing, or at an adjudication hearing held pursuant to this

25  section, that neither reunification, termination of parental

26  rights, nor adoption is in the best interest of the child, the

27  court may place the child in the long-term custody of an adult

28  relative or other adult approved by the court willing to care

29  for the child, if all of the following conditions are met:

30

31


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  1         (I)  A case plan describing the responsibilities of the

  2  relative or other adult, the department, and any other party

  3  must have been submitted to the court.

  4         (II)  The case plan for the child does not include

  5  reunification with the parents or adoption by the relative or

  6  other adult.

  7         (III)  The child and the relative or other adult are

  8  determined not to need protective supervision or preventive

  9  services to ensure the stability of the long-term custodial

10  relationship, or the department assures the court that

11  protective supervision or preventive services will be provided

12  in order to ensure the stability of the long-term custodial

13  relationship.

14         (IV)  Each party to the proceeding agrees that a

15  long-term custodial relationship does not preclude the

16  possibility of the child returning to the custody of the

17  parent at a later date, should the parent demonstrate a

18  material change in circumstances and the return of the child

19  to the parent is in the child's best interest.

20         (V)  The court has considered the reasonable preference

21  of the child if the court has found the child to be of

22  sufficient intelligence, understanding, and experience to

23  express a preference.

24         (VI)  The court has considered the recommendation of

25  the guardian ad litem if one has been appointed.

26         (VII)  The relative or other adult has made a

27  commitment to provide for the child until the child reaches

28  the age of majority and to prepare the child for adulthood and

29  independence.

30         (VIII)  The relative or other adult agrees not to

31  return the child to the physical care and custody of the


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  1  person from whom the child was removed, including for short

  2  visitation periods, without the approval of the court.

  3         b.  The court shall retain jurisdiction over the case,

  4  and the child shall remain in the long-term custody of the

  5  relative or other adult approved by the court until the order

  6  creating the long-term custodial relationship is modified by

  7  the court. The court shall discontinue regular judicial review

  8  hearings and may relieve the department of the responsibility

  9  for supervising the placement of the child whenever the court

10  determines that the placement is stable and that such

11  supervision is no longer needed. The child must be in the

12  placement for a minimum of 6 continuous months before the

13  court may consider termination of the department's

14  supervision. Notwithstanding the retention of jurisdiction,

15  the placement shall be considered a permanency option for the

16  child when the court relieves the department of the

17  responsibility for supervising the placement.  The order

18  terminating supervision by the department shall set forth the

19  powers of the custodian of the child and shall include the

20  powers ordinarily granted to a guardian of the person of a

21  minor unless otherwise specified. The court may modify the

22  order terminating supervision of the long-term placement if it

23  finds that the long-term placement is no longer in the best

24  interest of the child.

25         6.a.  Approve placement of the child in long-term

26  out-of-home care, when the following conditions are met:

27         (I)  The foster child is 16 years of age or older,

28  unless the court determines that the history or condition of a

29  younger child makes long-term out-of-home care the most

30  appropriate placement.

31


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  1         (II)  The child demonstrates no desire to be placed in

  2  an independent living arrangement pursuant to this subsection.

  3         (III)  The department's social services study pursuant

  4  to part VIII recommends long-term out-of-home care.

  5

  6  Long-term out-of-home care under the above conditions shall

  7  not be considered a permanency option.

  8         b.  The court may approve placement of the child in

  9  long-term out-of-home care, as a permanency option, when all

10  of the following conditions are met:

11         (I)  The child is 14 years of age or older.

12         (II)  The child is living in a licensed home and the

13  foster parents desire to provide care for the child on a

14  permanent basis and the foster parents and the child do not

15  desire adoption.

16         (III)  The foster family has made a commitment to

17  provide for the child until he or she reaches the age of

18  majority and to prepare the child for adulthood and

19  independence.

20         (IV)  The child has remained in the home for a

21  continuous period of no less than 12 months.

22         (V)  The foster parents and the child view one another

23  as family and consider living together as the best place for

24  the child to be on a permanent basis.

25         (VI)  The department's social services study recommends

26  such placement and finds the child's well-being has been

27  promoted through living with the foster parents.

28

29  Notwithstanding the retention of jurisdiction and supervision

30  by the department, long-term out-of-home care placements made

31  pursuant to this section shall be considered a permanency


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  1  option for the child.  For purposes of this subsection,

  2  supervision by the department shall be defined as a minimum of

  3  semiannual visits.  The order placing the child in long-term

  4  out-of-home care as a permanency option shall set forth the

  5  powers of the custodian of the child and shall include the

  6  powers ordinarily granted to a guardian of the person of a

  7  minor unless otherwise specified.  The court may modify the

  8  permanency option of long-term out-of-home care if it finds

  9  that the placement is no longer in the best interests of the

10  child.

11         c.  Approve placement of the child in an independent

12  living arrangement for any child 16 years of age or older, if

13  it can be clearly established that this type of alternate care

14  arrangement is the most appropriate plan and that the health,

15  safety, and well-being of the child will not be jeopardized by

16  such an arrangement. While in independent living situations,

17  children whose legal custody has been awarded to the

18  department or a licensed child-caring or child-placing agency,

19  or who have been voluntarily placed with such an agency by a

20  parent, guardian, relative, or adult approved by the court,

21  continue to be subject to court review provisions.

22         7.  Commit the child to the temporary legal custody of

23  the department. Such commitment invests in the department all

24  rights and responsibilities of a legal custodian. The

25  department shall not return any child to the physical care and

26  custody of the person from whom the child was removed, except

27  for court-approved visitation periods, without the approval of

28  the court. The term of such commitment continues until

29  terminated by the court or until the child reaches the age of

30  18. After the child is committed to the temporary custody of

31


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  1  the department, all further proceedings under this section are

  2  also governed by this chapter.

  3         8.a.  Change the temporary legal custody or the

  4  conditions of protective supervision at a postdisposition

  5  hearing, without the necessity of another adjudicatory

  6  hearing. A child who has been placed in the child's own home

  7  under the protective supervision of an authorized agent of the

  8  department, in the home of a relative, in the home of a legal

  9  custodian, or in some other place may be brought before the

10  court by the department or by any other interested person,

11  upon the filing of a petition alleging a need for a change in

12  the conditions of protective supervision or the placement. If

13  the parents or other legal custodians deny the need for a

14  change, the court shall hear all parties in person or by

15  counsel, or both. Upon the admission of a need for a change or

16  after such hearing, the court shall enter an order changing

17  the placement, modifying the conditions of protective

18  supervision, or continuing the conditions of protective

19  supervision as ordered. The standard for changing custody of

20  the child shall be the best interest of the child. If the

21  child is not placed in foster care, then the new placement for

22  the child must meet the home study criteria and court approval

23  pursuant to this chapter.

24         b.  In cases where the issue before the court is

25  whether a child should be reunited with a parent, the court

26  shall determine whether the parent has substantially complied

27  with the terms of the case plan to the extent that the safety,

28  well-being, and physical, mental, and emotional health of the

29  child is not endangered by the return of the child to the

30  home.

31


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  1         (b)  The court shall, in its written order of

  2  disposition, include all of the following:

  3         1.  The placement or custody of the child as provided

  4  in paragraph (a).

  5         2.  Special conditions of placement and visitation.

  6         3.  Evaluation, counseling, treatment activities, and

  7  other actions to be taken by the parties, if ordered.

  8         4.  The persons or entities responsible for supervising

  9  or monitoring services to the child and parent.

10         5.  Continuation or discharge of the guardian ad litem,

11  as appropriate.

12         6.  The date, time, and location of the next scheduled

13  review hearing, which must occur within the earlier of:

14         a.  Ninety days after the disposition hearing;

15         b.  Ninety days after the court accepts the case plan;

16         c.  Six months after the date of the last review

17  hearing; or

18         d.  Six months after the date of the child's removal

19  from his or her home, if no review hearing has been held since

20  the child's removal from the home.

21         7.  Other requirements necessary to protect the health,

22  safety, and well-being of the child, to preserve the stability

23  of the child's educational placement, and to promote family

24  preservation or reunification whenever possible.

25         (c)  If the court finds that the prevention or

26  reunification efforts of the department will allow the child

27  to remain safely at home or be safely returned to the home,

28  the court shall allow the child to remain in or return to the

29  home after making a specific finding of fact that the reasons

30  for removal have been remedied to the extent that the child's

31


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  1  safety, well-being, and physical, mental, and emotional health

  2  will not be endangered.

  3         (d)  If the court places the child in an out-of-home

  4  placement, the disposition order must include a written

  5  determination that the child cannot safely remain at home with

  6  reunification or family preservation services and that removal

  7  of the child is necessary to protect the child. If the child

  8  has been removed before the disposition hearing, the order

  9  must also include a written determination as to whether, after

10  removal, the department has made a reasonable effort to

11  reunify the parent and child, if reasonable efforts are

12  required. Reasonable efforts to reunify are not required if

13  the court has found that any of the acts listed in s.

14  39.806(1)(f)-(i) have occurred. The department has the burden

15  of demonstrating that it has made reasonable efforts under

16  this paragraph.

17         1.  For the purposes of this paragraph, the term

18  "reasonable effort" means the exercise of reasonable diligence

19  and care by the department to provide the services delineated

20  in the case plan.

21         2.  In support of its determination as to whether

22  reasonable efforts have been made, the court shall:

23         a.  Enter written findings as to whether or not

24  prevention or reunification efforts were indicated.

25         b.  If prevention or reunification efforts were

26  indicated, include a brief written description of what

27  appropriate and available prevention and reunification efforts

28  were made.

29         c.  Indicate in writing why further efforts could or

30  could not have prevented or shortened the separation of the

31  parent and child.


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  1         3.  A court may find that the department has made a

  2  reasonable effort to prevent or eliminate the need for removal

  3  if:

  4         a.  The first contact of the department with the family

  5  occurs during an emergency;

  6         b.  The appraisal by the department of the home

  7  situation indicates that it presents a substantial and

  8  immediate danger to the child's safety or physical, mental, or

  9  emotional health which cannot be mitigated by the provision of

10  preventive services;

11         c.  The child cannot safely remain at home, either

12  because there are no preventive services that can ensure the

13  health and safety of the child or, even with appropriate and

14  available services being provided, the health and safety of

15  the child cannot be ensured; or

16         d.  The parent or legal custodian is alleged to have

17  committed any of the acts listed as grounds for expedited

18  termination of parental rights in s. 39.806(1)(f)-(i).

19         4.  A reasonable effort by the department for

20  reunification of the parent and child has been made if the

21  appraisal of the home situation by the department indicates

22  that the severity of the conditions of dependency is such that

23  reunification efforts are inappropriate. The department has

24  the burden of demonstrating to the court that reunification

25  efforts were inappropriate.

26         5.  If the court finds that the prevention or

27  reunification effort of the department would not have

28  permitted the child to remain safely at home, the court may

29  commit the child to the temporary legal custody of the

30  department or take any other action authorized by this

31  chapter.


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  1         (10)(a)  When any child is adjudicated by the court to

  2  be dependent and temporary legal custody of the child has been

  3  placed with an adult relative, legal custodian, or other adult

  4  approved by the court, a licensed child-caring agency, or the

  5  department, the court shall, unless a parent has voluntarily

  6  executed a written surrender for purposes of adoption, order

  7  the parents, or the guardian of the child's estate if

  8  possessed of assets which under law may be disbursed for the

  9  care, support, and maintenance of the child, to pay child

10  support to the legal custodian caring for the child, the

11  licensed child-caring agency, or the department. The court may

12  exercise jurisdiction over all child support matters, shall

13  adjudicate the financial obligation, including health

14  insurance, of the child's parents or guardian, and shall

15  enforce the financial obligation as provided in chapter 61.

16  The state's child support enforcement agency shall enforce

17  child support orders under this section in the same manner as

18  child support orders under chapter 61.

19         (b)  Placement of the child pursuant to subsection (8)

20  shall not be contingent upon issuance of a support order.

21         (11)(a)  If the court does not commit the child to the

22  temporary legal custody of an adult relative, legal custodian,

23  or other adult approved by the court, the disposition order

24  shall include the reasons for such a decision and shall

25  include a determination as to whether diligent efforts were

26  made by the department to locate an adult relative, legal

27  custodian, or other adult willing to care for the child in

28  order to present that placement option to the court instead of

29  placement with the department.

30         (b)  If diligent efforts are made to locate an adult

31  relative willing and able to care for the child but, because


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  1  no suitable relative is found, the child is placed with the

  2  department or a legal custodian or other adult approved by the

  3  court, both the department and the court shall consider

  4  transferring temporary legal custody to an adult relative

  5  approved by the court at a later date, but neither the

  6  department nor the court is obligated to so place the child if

  7  it is in the child's best interest to remain in the current

  8  placement. For the purposes of this paragraph, "diligent

  9  efforts to locate an adult relative" means a search similar to

10  the diligent search for a parent, but without the continuing

11  obligation to search after an initial adequate search is

12  completed.

13         (12)  An agency granted legal custody shall have the

14  right to determine where and with whom the child shall live,

15  but an individual granted legal custody shall exercise all

16  rights and duties personally unless otherwise ordered by the

17  court.

18         (13)  In carrying out the provisions of this chapter,

19  the court may order the parents or legal custodians of a child

20  who is found to be dependent to participate in family

21  counseling and other professional counseling activities deemed

22  necessary for the rehabilitation of the child.

23         (14)  With respect to a child who is the subject in

24  proceedings under this chapter, the court shall issue to the

25  department an order to show cause why it should not return the

26  child to the custody of the parents upon expiration of the

27  case plan, or sooner if the parents have substantially

28  complied with the case plan.

29         (15)  The court may enter an order ending its

30  jurisdiction over a child when a child has been returned to

31  the parents, provided the court shall not terminate its


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  1  jurisdiction or the department's supervision over the child

  2  until 6 months after the child's return. The court shall

  3  determine whether its jurisdiction should be continued or

  4  terminated in such a case based on a report of the department

  5  or agency or the child's guardian ad litem, and any other

  6  relevant factors; if its jurisdiction is to be terminated, the

  7  court shall enter an order to that effect.

  8         Section 24.  Paragraph (c) of subsection (1) and

  9  paragraph (a) of subsection (2) of section 39.5085, Florida

10  Statutes, are amended to read:

11         39.5085  Relative Caregiver Program.--

12         (1)  It is the intent of the Legislature in enacting

13  this section to:

14         (c)  Recognize that permanency in the best interests of

15  the child can be achieved through a variety of permanency

16  options, including long-term relative custody, guardianship,

17  or adoption, by providing Provide additional placement options

18  and incentives that will achieve permanency and stability for

19  many children who are otherwise at risk of foster care

20  placement because of abuse, abandonment, or neglect, but who

21  may successfully be able to be placed by the dependency court

22  in the care of such relatives.

23         (2)(a)  The Department of Children and Family Services

24  shall establish and operate the Relative Caregiver Program

25  pursuant to eligibility guidelines established in this section

26  as further implemented by rule of the department. The Relative

27  Caregiver Program shall, within the limits of available

28  funding, provide financial assistance to relatives who are

29  within the fifth degree by blood or marriage to the parent or

30  stepparent of a child and who are caring full-time for that

31  child in the role of substitute parent as a result of a


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  1  court's determination of child abuse, neglect, or abandonment

  2  and subsequent placement with the relative pursuant to this

  3  chapter. Such placement may be either court-ordered temporary

  4  legal custody to the relative under protective supervision of

  5  the department pursuant to s. 39.521(1)(b)3. 39.508(9)(a)4.,

  6  or court-ordered placement in the home of a relative as a

  7  permanency option under protective supervision of the

  8  department pursuant to s. 39.622 39.508(9)(a)3.  The Relative

  9  Caregiver Program shall offer financial assistance to

10  caregivers who are relatives and who would be unable to serve

11  in that capacity without the relative caregiver payment

12  because of financial burden, thus exposing the child to the

13  trauma of placement in a shelter or in foster care.

14         Section 25.  Section 39.522, Florida Statutes, is

15  created to read:

16         39.522  Postdisposition change of custody.--The court

17  may change the temporary legal custody or the conditions of

18  protective supervision at a postdisposition hearing, without

19  the necessity of another adjudicatory hearing.

20         (1)  A child who has been placed in the child's own

21  home under the protective supervision of an authorized agent

22  of the department, in the home of a relative, in the home of a

23  legal custodian, or in some other place may be brought before

24  the court by the department or by any other interested person,

25  upon the filing of a petition alleging a need for a change in

26  the conditions of protective supervision or the placement. If

27  the parents or other legal custodians deny the need for a

28  change, the court shall hear all parties in person or by

29  counsel, or both. Upon the admission of a need for a change or

30  after such hearing, the court shall enter an order changing

31  the placement, modifying the conditions of protective


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  1  supervision, or continuing the conditions of protective

  2  supervision as ordered. The standard for changing custody of

  3  the child shall be the best interest of the child. If the

  4  child is not placed in foster care, then the new placement for

  5  the child must meet the home study criteria and court approval

  6  pursuant to this chapter.

  7         (2)  In cases where the issue before the court is

  8  whether a child should be reunited with a parent, the court

  9  shall determine whether the parent has substantially complied

10  with the terms of the case plan to the extent that the safety,

11  well-being, and physical, mental, and emotional health of the

12  child is not endangered by the return of the child to the

13  home.

14         Section 26.  Subsection (2) of section 39.601, Florida

15  Statutes, is amended to read:

16         39.601  Case plan requirements.--

17         (2)  When the child or parent is receiving services,

18  the case plan shall be filed with the court, for approval by

19  the court, at least 72 hours prior to the disposition hearing.

20  The case plan must be served on all parties whose whereabouts

21  are known at least 72 hours prior to the disposition hearing

22  and must include, in addition to the requirements in

23  subsection (1), at a minimum:

24         (a)  A description of the problem being addressed that

25  includes the behavior or act of a parent resulting in risk to

26  the child and the reason for the department's intervention.

27         (b)  A description of the tasks with which the parent

28  must comply and the services to be provided to the parent and

29  child specifically addressing the identified problem,

30  including:

31         1.  Type of services or treatment.


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  1         2.  Frequency of services or treatment.

  2         3.  Location of the delivery of the services.

  3         4.  The accountable department staff or service

  4  provider.

  5         (c)  A description of the measurable objectives,

  6  including timeframes for achieving objectives, addressing the

  7  identified problem.

  8         Section 27.  Paragraph (a) of subsection (1) of section

  9  39.603, Florida Statutes, is amended to read:

10         39.603  Court approvals of case planning.--

11         (1)  At the hearing on the plan, which shall occur in

12  conjunction with the disposition hearing unless otherwise

13  directed by the court, the court shall determine:

14         (a)  All parties who were notified and are in

15  attendance at the hearing, either in person or through a legal

16  representative. The court may shall appoint a guardian ad

17  litem under Rule 1.210, Florida Rules of Civil Procedure, to

18  represent the interests of any parent, if the location of the

19  parent is known but the parent is not present at the hearing

20  and the development of the plan is based upon the physical,

21  emotional, or mental condition or physical location of the

22  parent.

23         Section 28.  Section 39.621, Florida Statutes, is

24  created to read:

25         39.621  Permanency determination by the court.--

26         (1)  When the court has determined that reunification

27  with either parent is not appropriate, then the court must

28  make a permanency determination for the child.

29         (2)  Adoption, pursuant to chapter 63, is the primary

30  permanency option available to the court. If the child is

31  placed with a relative or with a relative of the child's


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  1  half-brother or half-sister as a permanency option, the court

  2  shall recognize the permanency of this placement without

  3  requiring the relative to adopt the child.

  4         (3)  The permanency options listed in the following

  5  paragraphs shall only be considered by the court if adoption

  6  is determined by the court to not be in the child's best

  7  interest, except as otherwise provided in subsection (2):

  8         (a)  Guardianship pursuant to chapter 744.

  9         (b)  Long-term custody.

10         (c)  Long-term licensed custody.

11         (d)  Independent living.

12

13  The permanency placement is intended to continue until the

14  child reaches the age of majority and shall not be disturbed

15  absent a finding by the court that the circumstances of the

16  permanency placement are no longer in the best interest of the

17  child.

18         Section 29.  Section 39.622, Florida Statutes, is

19  created to read:

20         39.622  Long-term custody.--When the parents have

21  either consented to long-term custody, had their parental

22  rights terminated, or failed to substantially comply with a

23  case plan, and the court determines at a judicial review

24  hearing, or at an adjudication hearing held pursuant to this

25  chapter, that reunification is not in the best interest of the

26  child, the court may place the child in the long-term custody

27  of an adult relative or other adult approved by the court who

28  has had custody of the child for at least the 6 preceding

29  months and is willing to care for the child, if all of the

30  following conditions are met:

31


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  1         (1)  A case plan describing the responsibilities of the

  2  relative or other adult, the department, and any other party

  3  has been submitted to the court.

  4         (2)  The case plan for the child does not include

  5  reunification with the parents or adoption by the relative or

  6  other adult.

  7         (3)  The child and the relative or other adult are

  8  determined not to need protective supervision or preventive

  9  services to ensure the stability of the long-term custodial

10  relationship.

11         (4)  Each party to the proceeding agrees that a

12  long-term custodial relationship does not preclude the

13  possibility of the child returning to the custody of the

14  parent at a later date if the parent demonstrates a material

15  change in circumstances and the return of the child to the

16  parent is in the child's best interest.

17         (5)  The court has considered the reasonable preference

18  of the child if the court has found the child to be of

19  sufficient intelligence, understanding, and experience to

20  express a preference.

21         (6)  The court has considered the recommendation of the

22  guardian ad litem if one has been appointed.

23         (7)  The relative or other adult has made a commitment

24  to provide for the child until the child reaches the age of

25  majority and to prepare the child for adulthood and

26  independence.

27         (8)  The relative or other adult agrees not to return

28  the child to the physical care and custody of the person from

29  whom the child was removed, including for short visitation

30  periods, without the approval of the court.

31


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  1         (9)  The court shall retain jurisdiction over the case,

  2  and the child shall remain in the long-term custody of the

  3  relative or other adult approved by the court, until the order

  4  creating the long-term custodial relationship is modified by

  5  the court. The court shall discontinue regular judicial-review

  6  hearings and may relieve the department of the responsibility

  7  for supervising the placement of the child whenever the court

  8  determines that the placement is stable and that such

  9  supervision is no longer needed. The child must be in the

10  placement for a minimum of 6 continuous months before the

11  court may consider termination of the department's

12  supervision. Notwithstanding the retention of jurisdiction,

13  the placement shall be considered a permanency option for the

14  child when the court relieves the department of the

15  responsibility for supervising the placement.  The order

16  terminating supervision by the department shall set forth the

17  powers of the custodian of the child and shall include the

18  powers ordinarily granted to a guardian of the person of a

19  minor unless otherwise specified. The court may modify the

20  order terminating supervision of the long-term placement if it

21  finds that the long-term placement is no longer in the best

22  interest of the child.

23         (10)  A relative or other legal custodian who has been

24  designated as a long-term custodian shall have all of the

25  rights and duties of a parent, including, but not limited to,

26  the right and duty to protect, train, and discipline the child

27  and to provide the child with food, shelter, and education,

28  and ordinary medical, dental, psychiatric, and psychological

29  care, unless these rights and duties are otherwise enlarged or

30  limited by the court order establishing the long-term

31  custodial relationship.  The long-term custodian must inform


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  1  the court in writing of any changes in the residence of the

  2  long-term custodian or the child.

  3         Section 30.  Section 39.623, Florida Statutes, is

  4  created to read:

  5         39.623  Long-term licensed custody.--The court may

  6  approve placement of the child in long-term licensed custody,

  7  as a permanency option, when all of the following conditions

  8  are met:

  9         (1)  The child is 14 years of age or older.

10         (2)  The child is living in a licensed home and the

11  foster parents desire to provide care for the child on a

12  permanent basis and the foster parents and the child do not

13  desire adoption.

14         (3)  The foster parents have made a commitment to

15  provide for the child until he or she reaches the age of

16  majority and to prepare the child for adulthood and

17  independence.

18         (4)  The child has remained in the home for a

19  continuous period of no less than 12 months.

20         (5)  The foster parents and the child view one another

21  as family and consider living together as the best place for

22  the child to be on a permanent basis.

23         (6)  The department's social services study recommends

24  such placement and finds the child's well-being has been

25  promoted through living with the foster parents.

26

27  Notwithstanding the retention of jurisdiction and supervision

28  by the department, long-term licensed custody placements made

29  pursuant to this section shall be considered a permanency

30  option for the child. For purposes of this section,

31  supervision by the department shall be defined as a minimum of


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  1  semiannual visits. The order placing the child in long-term

  2  licensed custody as a permanency option shall set forth the

  3  powers of the foster parents of the child and shall include

  4  the powers ordinarily granted to a guardian of the person of a

  5  minor unless otherwise specified. The court may modify the

  6  permanency option of long-term licensed custody if it finds

  7  that the placement is no longer in the best interest of the

  8  child.

  9         Section 31.  Section 39.624, Florida Statutes, is

10  created to read:

11         39.624  Independent living.--The court may approve

12  placement of the child in an independent living arrangement as

13  permanency for any child 16 years of age or older, if it can

14  be clearly established that this type of alternate care

15  arrangement is the most appropriate plan and that the health,

16  safety, and well-being of the child will not be jeopardized by

17  such an arrangement. While in independent living situations,

18  children whose legal custody has been awarded to the

19  department or a licensed child-caring or child-placing agency,

20  or who have been voluntarily placed with such an agency by a

21  parent, guardian, relative, or adult approved by the court,

22  continue to be subject to court review provisions until the

23  child reaches the age of 18.

24         Section 32.  Paragraph (b) of subsection (3) and

25  paragraphs (b) and (c) of subsection (6) of section 39.701,

26  Florida Statutes, are amended to read:

27         39.701  Judicial review.--

28         (3)

29         (b)  If the citizen review panel recommends extending

30  the goal of reunification for any case plan beyond 12 months

31  from the date the child was removed from the home or the case


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  1  plan was adopted, whichever date came first, the court must

  2  schedule a judicial review hearing to be conducted by the

  3  court within 30 days after receiving the recommendation from

  4  the citizen review panel.

  5         (6)

  6         (b)  A copy of the social service agency's written

  7  report and the written report of the guardian ad litem must be

  8  served on all parties whose whereabouts are known; provided to

  9  the attorney of record of the parents; to the parents; to the

10  foster parents or legal custodians; and to the to each citizen

11  review panel,; and to the guardian ad litem for the child, or

12  the representative of the guardian ad litem program if the

13  program has been appointed by the court, at least 72 hours

14  before the judicial review hearing or citizen review panel

15  hearing. The requirement for providing parents with a copy of

16  the written report does not apply to those parents who have

17  voluntarily surrendered their child for adoption or who have

18  had their parental rights to the child terminated.

19         (c)  In a case in which the child has been permanently

20  placed with the social service agency, the agency shall

21  furnish to the court a written report concerning the progress

22  being made to place the child for adoption. If the child

23  cannot be placed for adoption, a report on the progress made

24  by the child towards alternative permanency goals or

25  placements, including, but not limited to, guardianship,

26  long-term custody, long-term licensed custody foster care, or

27  independent living, custody to a relative or other adult

28  approved by the court on a permanent basis with or without

29  legal guardianship, or custody to a foster parent or legal

30  custodian on a permanent basis with or without legal

31  guardianship, must be submitted to the court. The report must


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  1  be submitted to the court at least 72 hours before each

  2  scheduled judicial review.

  3         Section 33.  Subsection (5) of section 39.803, Florida

  4  Statutes, is amended to read:

  5         39.803  Identity or location of parent unknown after

  6  filing of termination of parental rights petition; special

  7  procedures.--

  8         (5)  If the inquiry under subsection (1) identifies a

  9  parent or prospective parent, and that person's location is

10  unknown, the court shall direct the petitioner department to

11  conduct a diligent search for that person before scheduling an

12  adjudicatory hearing regarding the petition for termination of

13  parental rights to dependency of the child unless the court

14  finds that the best interest of the child requires proceeding

15  without actual notice to the person whose location is unknown.

16         Section 34.  Section 39.804, Florida Statutes, is

17  amended to read:

18         39.804  Penalties for false statements of

19  paternity.--Any male person or any mother of a dependent child

20  A person who knowingly and willfully makes a false statement

21  concerning the claiming paternity of a child in conjunction

22  with a petition to terminate parental rights under this

23  chapter and causes such false statement of paternity to be

24  filed with the court commits a misdemeanor of the first

25  degree, punishable as provided in s. 775.082 or s. 775.083. A

26  person who makes a statement claiming paternity in good faith

27  is immune from criminal liability under this section.

28         Section 35.  Paragraph (b) of subsection (1) of section

29  39.806, Florida Statutes, is amended to read:

30         39.806  Grounds for termination of parental rights.--

31


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  1         (1)  The department, the guardian ad litem, a licensed

  2  child-placing agency, or any person who has knowledge of the

  3  facts alleged or who is informed of said facts and believes

  4  that they are true, may petition for the termination of

  5  parental rights under any of the following circumstances:

  6         (b)  Abandonment as defined in s. 39.01(1) or when the

  7  identity or location of the parent or parents is unknown and

  8  cannot be ascertained by diligent search within 60 days.

  9         Section 36.  Paragraphs (a) and (b) of subsection (2)

10  of section 39.807, Florida Statutes, are amended to read:

11         39.807  Right to counsel; guardian ad litem.--

12         (2)(a)  The court shall appoint a guardian ad litem to

13  represent the best interest of the child in any termination of

14  parental rights proceedings and shall ascertain at each stage

15  of the proceedings whether a guardian ad litem has been

16  appointed.

17         (b)  The guardian ad litem has the following

18  responsibilities:

19         1.  To investigate the allegations of the petition and

20  any subsequent matters arising in the case and, unless excused

21  by the court, to file a written report. This report must

22  include a statement of the wishes of the child and the

23  recommendations of the guardian ad litem and must be provided

24  to all parties and the court at least 72 hours before the

25  disposition hearing.

26         2.  To be present at all court hearings unless excused

27  by the court.

28         3.  To represent the best interests of the child until

29  the jurisdiction of the court over the child terminates or

30  until excused by the court.

31


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  1         Section 37.  Subsection (4) of section 39.811, Florida

  2  Statutes, is amended to read:

  3         39.811  Powers of disposition; order of disposition.--

  4         (4)  If the child is neither in the custody of the

  5  department nor in the custody of a parent and the court finds

  6  that the grounds for termination of parental rights have been

  7  established for either or both parents, the court shall enter

  8  an order terminating parental rights for the parent or parents

  9  for whom the grounds for termination have been established and

10  placing the child with the department or an appropriate legal

11  custodian. If the parental rights of both parents have been

12  terminated, or if the parental rights of only one parent have

13  been terminated and the court makes specific findings based on

14  evidence presented that placement with the remaining parent is

15  likely to be harmful to the child, the court may order that

16  the child be placed with a legal custodian other than the

17  department after hearing evidence of the suitability of such

18  intended placement. Suitability of the intended placement

19  includes the fitness and capabilities of the proposed legal

20  custodian to function as the primary caregiver for a

21  particular child; and the compatibility of the child with the

22  home in which the child is intended to be placed.  If the

23  court orders that a child be placed with a legal custodian

24  under this subsection, the court shall appoint such legal

25  custodian either as the guardian for the child as provided in

26  s. 744.3021 or as the long-term custodian of the child as

27  provided in s. 39.622 so long as the child has been residing

28  with the legal custodian for a minimum of 6 months. The court

29  may modify the order placing the child in the custody of the

30  legal custodian and revoke the guardianship established under

31  s. 744.3021 or the long-term custodial relationship if the


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  1  court subsequently finds the placement to be no longer in the

  2  best interest of the child.

  3         Section 38.  Subsections (1) and (2) of section

  4  435.045, Florida Statutes, are amended to read:

  5         435.045  Requirements for prospective foster or

  6  adoptive parents.--

  7         (1)(a)  Unless an election provided for in subsection

  8  (2) is made with respect to the state, the department shall

  9  conduct criminal records checks equivalent to the level 2

10  screening required in s. 435.04(1) for any prospective foster

11  or adoptive parent before the foster or adoptive parent may be

12  finally approved for placement of a child on whose behalf

13  foster care maintenance payments or adoption assistance

14  payments under s. 471 of the Social Security Act, 42 U.S.C. s.

15  671, are to be made. Approval shall not be granted:

16         1.(a)  In any case in which a record check reveals a

17  felony conviction for child abuse, abandonment, or neglect;

18  for spousal abuse; for a crime against children, including

19  child pornography, or for a crime involving violence,

20  including rape, sexual assault, or homicide but not including

21  other physical assault or battery, if the department finds

22  that a court of competent jurisdiction has determined that the

23  felony was committed at any time; and

24         2.(b)  In any case in which a record check reveals a

25  felony conviction for physical assault, battery, or a

26  drug-related offense, if the department finds that a court of

27  competent jurisdiction has determined that the felony was

28  committed within the past 5 years.

29         (b)  Notwithstanding paragraph (a), the department may

30  place a child in a foster home which otherwise meets licensing

31  requirements if state and local criminal records checks do not


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  1  disqualify the applicant and the department has submitted

  2  fingerprint information to the Florida Department of Law

  3  Enforcement for forwarding to the Federal Bureau of

  4  Investigation and is awaiting the results of the federal

  5  criminal records check.

  6         (c)  Prospective and approved foster parents must

  7  disclose to the department any prior or pending local, state,

  8  or federal criminal proceedings in which they are or have been

  9  involved.

10         (2)  For purposes of this section, and ss. 39.401(3)

11  and 39.521(1)(d) 39.508(9)(b) and (10)(a), the department and

12  its authorized agents or contract providers are hereby

13  designated a criminal justice agency for the purposes of

14  accessing criminal justice information, including National

15  Crime Information Center information, to be used for enforcing

16  Florida's laws concerning the crimes of child abuse,

17  abandonment, and neglect. This information shall be used

18  solely for purposes supporting the detection, apprehension,

19  prosecution, pretrial release, posttrial release, or

20  rehabilitation of criminal offenders or persons accused of the

21  crimes of child abuse, abandonment, or neglect and shall not

22  be further disseminated or used for any other purposes.

23         Section 39.  Paragraph (b) of subsection (10) of

24  section 409.2554, Florida Statutes, is amended to read:

25         409.2554  Definitions.--As used in ss.

26  409.2551-409.2598, the term:

27         (10)  "Support" means:

28         (b)  Support for a child who is placed under the

29  custody of someone other than the custodial parent pursuant to

30  s. 39.521, s. 39.522, s. 39.622, s. 39.623, or s. 39.624 s.

31  39.508.


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  1         Section 40.  Subsection (3) of section 402.40, Florida

  2  Statutes, is repealed.

  3         Section 41.  Subsection (9) of section 39.201, Florida

  4  Statutes, is amended to read:

  5         39.201  Mandatory reports of child abuse, abandonment,

  6  or neglect; mandatory reports of death; central abuse

  7  hotline.--

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

  9  assurance program shall review reports to the hotline

10  involving three or more unaccepted reports on a single child

11  in order to detect such things as harassment and situations

12  that warrant an investigation because of the frequency or

13  variety of the source of the reports. The Program Director for

14  Family Safety assistant secretary may refer a case for

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

16  review, that an investigation may be warranted.

17         Section 42.  Subsection (1) of section 39.302, Florida

18  Statutes, is amended to read:

19         39.302  Protective investigations of institutional

20  child abuse, abandonment, or neglect.--

21         (1)  The department shall conduct a child protective

22  investigation of each report of institutional child abuse,

23  abandonment, or neglect.  Upon receipt of a report which

24  alleges that an employee or agent of the department, or any

25  other entity or person covered by s. 39.01(31)(32) or (47)

26  (48), acting in an official capacity, has committed an act of

27  child abuse, abandonment, or neglect, the department shall

28  immediately initiate a child protective investigation and

29  orally notify the appropriate state attorney, law enforcement

30  agency, and licensing agency.  These agencies shall

31  immediately conduct a joint investigation, unless independent


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  1  investigations are more feasible. When conducting

  2  investigations onsite or having face-to-face interviews with

  3  the child, such investigation visits shall be unannounced

  4  unless it is determined by the department or its agent that

  5  such unannounced visits would threaten the safety of the

  6  child.  When a facility is exempt from licensing, the

  7  department shall inform the owner or operator of the facility

  8  of the report.  Each agency conducting a joint investigation

  9  shall be entitled to full access to the information gathered

10  by the department in the course of the investigation. A

11  protective investigation must include an onsite visit of the

12  child's place of residence. In all cases, the department shall

13  make a full written report to the state attorney within 3

14  working days after making the oral report. A criminal

15  investigation shall be coordinated, whenever possible, with

16  the child protective investigation of the department. Any

17  interested person who has information regarding the offenses

18  described in this subsection may forward a statement to the

19  state attorney as to whether prosecution is warranted and

20  appropriate. Within 15 days after the completion of the

21  investigation, the state attorney shall report the findings to

22  the department and shall include in such report a

23  determination of whether or not prosecution is justified and

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

25         Section 43.  Paragraph (b) of subsection (9) of section

26  216.136, Florida Statutes, is amended to read:

27         216.136  Consensus estimating conferences; duties and

28  principals.--

29         (9)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

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

31  the Office of Economic and Demographic Research, and


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  1  professional staff who have forecasting expertise from the

  2  Department of Juvenile Justice, the Department of Children and

  3  Family Services Substance Alcohol, Drug Abuse, and Mental

  4  Health Program Offices Office, the Department of Law

  5  Enforcement, the Senate Appropriations Committee staff, the

  6  House of Representatives Appropriations Committee staff, or

  7  their designees, are the principals of the Juvenile Justice

  8  Estimating Conference. The responsibility of presiding over

  9  sessions of the conference shall be rotated among the

10  principals. To facilitate policy and legislative

11  recommendations, the conference may call upon professional

12  staff of the Juvenile Justice Accountability Board and

13  appropriate legislative staff.

14         Section 44.  Paragraph (a) of subsection (3) of section

15  381.0072, Florida Statutes, is amended to read:

16         381.0072  Food service protection.--It shall be the

17  duty of the Department of Health to adopt and enforce

18  sanitation rules consistent with law to ensure the protection

19  of the public from food-borne illness. These rules shall

20  provide the standards and requirements for the storage,

21  preparation, serving, or display of food in food service

22  establishments as defined in this section and which are not

23  permitted or licensed under chapter 500 or chapter 509.

24         (3)  LICENSES REQUIRED.--

25         (a)  Licenses; annual renewals.--Each food service

26  establishment regulated under this section shall obtain a

27  license from the department annually.  Food service

28  establishment licenses shall expire annually and shall not be

29  transferable from one place or individual to another.

30  However, those facilities licensed by the department's Office

31  of Licensure and Certification, the Child Care Services


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  1  Children and Families Program Office, or the Developmental

  2  Disabilities Services Program Office are exempt from this

  3  subsection.  It shall be a misdemeanor of the second degree,

  4  punishable as provided in s. 381.0061, s. 775.082, or s.

  5  775.083, for such an establishment to operate without this

  6  license.  The department may refuse a license, or a renewal

  7  thereof, to any establishment that is not constructed or

  8  maintained in accordance with law and with the rules of the

  9  department.  Annual application for renewal shall not be

10  required.

11         Section 45.  Subsection (5) of section 383.14, Florida

12  Statutes, is amended to read:

13         383.14  Screening for metabolic disorders, other

14  hereditary and congenital disorders, and environmental risk

15  factors.--

16         (5)  ADVISORY COUNCIL.--There is established a Genetics

17  and Infant Screening Advisory Council made up of 12 members

18  appointed by the Secretary of Health.  The council shall be

19  composed of two consumer members, three practicing

20  pediatricians, at least one of whom must be a pediatric

21  hematologist, one representative from each of the four medical

22  schools in the state, the Secretary of Health or his or her

23  designee, one representative from the Department of Health

24  representing Children's Medical Services, and one

25  representative from the Developmental Disabilities Services

26  Program Office of the Department of Children and Family

27  Services. All appointments shall be for a term of 4 years.

28  The chairperson of the council shall be elected from the

29  membership of the council and shall serve for a period of 2

30  years.  The council shall meet at least semiannually or upon

31  the call of the chairperson. The council may establish ad hoc


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  1  or temporary technical advisory groups to assist the council

  2  with specific topics which come before the council. Council

  3  members shall serve without pay. Pursuant to the provisions of

  4  s. 112.061, the council members are entitled to be reimbursed

  5  for per diem and travel expenses.  It is the purpose of the

  6  council to advise the department about:

  7         (a)  Conditions for which testing should be included

  8  under the screening program and the genetics program;

  9         (b)  Procedures for collection and transmission of

10  specimens and recording of results; and

11         (c)  Methods whereby screening programs and genetics

12  services for children now provided or proposed to be offered

13  in the state may be more effectively evaluated, coordinated,

14  and consolidated.

15         Section 46.  Subsection (1) of section 393.064, Florida

16  Statutes, is amended to read:

17         393.064  Prevention.--

18         (1)  The Department of Children and Family Services, in

19  carrying out its assigned purpose under s. 20.19(1) of

20  preventing to the maximum extent possible the occurrence and

21  incidence of physical and mental diseases and disabilities,

22  shall give priority to the development, planning, and

23  implementation of programs which have the potential to

24  prevent, correct, cure, or reduce the severity of

25  developmental disabilities.  The department shall direct an

26  interdepartmental and interprogram effort for the continued

27  development of a prevention plan and program.  The department

28  shall identify, through demonstration projects, through

29  departmental program evaluation, and through monitoring of

30  programs and projects conducted outside of the department, any

31  medical, social, economic, or educational methods, techniques,


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  1  or procedures which have the potential to effectively

  2  ameliorate, correct, or cure developmental disabilities.  The

  3  department shall determine the costs and benefits that would

  4  be associated with such prevention efforts and shall

  5  implement, or recommend the implementation of, those methods,

  6  techniques, or procedures which are found likely to be

  7  cost-beneficial.  The department in its legislative budget

  8  request shall identify funding needs for such prevention

  9  programs.

10         Section 47.  Paragraph (i) of subsection (4) of section

11  393.13, Florida Statutes, is amended to read:

12         393.13  Personal treatment of persons who are

13  developmentally disabled.--

14         (4)  CLIENT RIGHTS.--For purposes of this subsection,

15  the term "client," as defined in s. 393.063, shall also

16  include any person served in a facility licensed pursuant to

17  s. 393.067.

18         (i)  Clients shall have the right to be free from

19  unnecessary physical, chemical, or mechanical restraint.

20  Restraints shall be employed only in emergencies or to protect

21  the client from imminent injury to himself or herself or

22  others.  Restraints shall not be employed as punishment, for

23  the convenience of staff, or as a substitute for a

24  habilitative plan.  Restraints shall impose the least possible

25  restrictions consistent with their purpose and shall be

26  removed when the emergency ends.  Restraints shall not cause

27  physical injury to the client and shall be designed to allow

28  the greatest possible comfort.

29         1.  Mechanical supports used in normative situations to

30  achieve proper body position and balance shall not be

31  considered restraints, but shall be prescriptively designed


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  1  and applied under the supervision of a qualified professional

  2  with concern for principles of good body alignment,

  3  circulation, and allowance for change of position.

  4         2.  Totally enclosed cribs and barred enclosures shall

  5  be considered restraints.

  6         3.  Daily reports on the employment of physical,

  7  chemical, or mechanical restraints by those specialists

  8  authorized in the use of such restraints shall be made to the

  9  appropriate chief administrator of the facility, and a monthly

10  summary of such reports shall be relayed to the district

11  administrator and the district human rights advocacy

12  committee.  The reports shall summarize all such cases of

13  restraints, the type used, the duration of usage, and the

14  reasons therefor. Districts shall submit districtwide

15  quarterly reports of these summaries to the state

16  Developmental Disabilities Services Program Office.

17         4.  The department shall post a copy of the rules

18  promulgated under this section in each living unit of

19  residential facilities.  A copy of the rules promulgated under

20  this section shall be given to all staff members of licensed

21  facilities and made a part of all preservice and inservice

22  training programs.

23         Section 48.  Subsection (3) of section 394.462, Florida

24  Statutes, is amended to read:

25         394.462  Transportation.--

26         (3)  EXCEPTIONS.--An exception to the requirements of

27  this section may be granted by the secretary of the department

28  for the purposes of improving service coordination or better

29  meeting the special needs of individuals.  A proposal for an

30  exception must be submitted by the district administrator

31  after being approved by the local health and human services


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  1  board and by the governing boards of any affected counties,

  2  prior to submission to the secretary.

  3         (a)  A proposal for an exception must identify the

  4  specific provision from which an exception is requested;

  5  describe how the proposal will be implemented by participating

  6  law enforcement agencies and transportation authorities; and

  7  provide a plan for the coordination of services such as case

  8  management.

  9         (b)  The exception may be granted only for:

10         1.  An arrangement centralizing and improving the

11  provision of services within a district, which may include an

12  exception to the requirement for transportation to the nearest

13  receiving facility;

14         2.  An arrangement by which a facility may provide, in

15  addition to required psychiatric services, an environment and

16  services which are uniquely tailored to the needs of an

17  identified group of persons with special needs, such as

18  persons with hearing impairments or visual impairments, or

19  elderly persons with physical frailties; or

20         3.  A specialized transportation system that provides

21  an efficient and humane method of transporting patients to

22  receiving facilities, among receiving facilities, and to

23  treatment facilities.

24         (c)  Any exception approved pursuant to this subsection

25  shall be reviewed and approved every 5 years by the secretary.

26         Section 49.  Paragraph (e) of subsection (2) of section

27  394.4674, Florida Statutes, is amended to read:

28         394.4674  Plan and report.--

29         (2)  The department shall prepare and submit a

30  semiannual report to the Legislature, until the conditions

31


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  1  specified in subsection (1) are met, which shall include, but

  2  not be limited to:

  3         (e)  Any evidence of involvement between the Alcohol,

  4  Drug Abuse, and Mental Health Program Office and other program

  5  offices within the department and between the department and

  6  other state and private agencies and individuals to accomplish

  7  the deinstitutionalization of patients in this age group.

  8         Section 50.  Subsections (17) and (19) of section

  9  394.67, Florida Statutes, are amended to read:

10         394.67  Definitions.--As used in this part, the term:

11         (17)  "Program office" means the Alcohol, Drug Abuse,

12  and Mental Health Program Office of the Department of Children

13  and Family Services.

14         (19)  "Service district" means a community service

15  district as established by the department under s. 20.19 for

16  the purpose of providing community alcohol, drug abuse, and

17  mental health services.

18         Section 51.  Paragraph (b) of subsection (11) of

19  section 394.75, Florida Statutes, is amended to read:

20         394.75  District alcohol, drug abuse, and mental health

21  plans.--

22         (11)  The district administrator shall report annually

23  to the district planning council the status of funding for

24  priorities established in the district plan.  Each report must

25  include:

26         (b)  A description of the district plan priorities that

27  were included in the departmental budget request prepared

28  under s. 20.19;

29         Section 52.  Paragraph (a) of subsection (19) of

30  section 397.311, Florida Statutes, is amended to read:

31


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  1         397.311  Definitions.--As used in this chapter, except

  2  part VIII:

  3         (19)  "Licensed service provider" means a public agency

  4  under this chapter, a private for-profit or not-for-profit

  5  agency under this chapter, a physician licensed under chapter

  6  458 or chapter 459, or any other private practitioner licensed

  7  under this chapter, or a hospital licensed under chapter 395,

  8  which offers substance abuse impairment services through one

  9  or more of the following licensable service components:

10         (a)  Addictions receiving facility, which is a

11  community-based facility designated by the department to

12  receive, screen, and assess clients found to be substance

13  abuse impaired, in need of emergency treatment for substance

14  abuse impairment, or impaired by substance abuse to such an

15  extent as to meet the criteria for involuntary admission in s.

16  397.675, and to provide detoxification and stabilization.  An

17  addictions receiving facility must be state-owned,

18  state-operated, or state-contracted, and licensed pursuant to

19  rules adopted by the department's Substance Abuse Alcohol,

20  Drug Abuse, and Mental Health Program Office which include

21  specific authorization for the provision of levels of care and

22  a requirement of separate accommodations for adults and

23  minors. Addictions receiving facilities are designated as

24  secure facilities to provide an intensive level of care and

25  must have sufficient staff and the authority to provide

26  environmental security to handle aggressive and

27  difficult-to-manage behavior and deter elopement.

28         Section 53.  Paragraph (b) of subsection (14) and

29  subsection (18) of section 397.321, Florida Statutes, is

30  amended to read:

31


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  1         397.321  Duties of the department.--The department

  2  shall:

  3         (14)  In cooperation with service providers, foster and

  4  actively seek additional funding to enhance resources for

  5  prevention, intervention, and treatment services, including

  6  but not limited to the development of partnerships with:

  7         (b)  Intradepartmental and interdepartmental program

  8  offices, including, but not limited to, child care services;

  9  family safety children and families; delinquency services;

10  health services; economic services; and children's medical

11  services.

12         (18)  Ensure that the department develops and ensures

13  the implementation of procedures between its Substance Abuse

14  Alcohol, Drug Abuse, and Mental Health Program Office and

15  other departmental programs, particularly the Children and

16  Families Program Office and the Delinquency Services Program

17  Office, regarding the referral of substance abuse impaired

18  persons to service providers, information on service

19  providers, information on methods of identifying substance

20  abuse impaired juveniles, and procedures for referring such

21  juveniles to appropriate service providers.

22         Section 54.  Subsection (20) is added to section

23  397.321, Florida Statutes, to read:

24         397.321  Duties of the department.--The department

25  shall:

26         (20)  The department may establish in district 9, in

27  cooperation with the Palm Beach County Board of County

28  Commissioners, a pilot project to serve in a managed care

29  arrangement non-Medicaid eligible persons who qualify to

30  receive substance abuse or mental health services from the

31  department. The department may contract with a not for profit


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  1  entity to conduct the pilot project. The results of the pilot

  2  project shall be reported to the district administrator, and

  3  the Secretary eighteen months after the initiation. The

  4  department shall incur no additional administrative costs for

  5  the pilot project.

  6         Section 55.  Subsection (3) of section 397.821, Florida

  7  Statutes, is amended to read:

  8         397.821  Juvenile substance abuse impairment prevention

  9  and early intervention councils.--

10         (3)  The council shall provide recommendations to the

11  Program Director for Substance Abuse Assistant Secretary for

12  Alcohol, Drug Abuse, and Mental Health annually for

13  consideration for inclusion in the district alcohol, drug

14  abuse, and mental health planning councils for consideration

15  for inclusion in the district alcohol, drug abuse, and mental

16  health plans.

17         Section 56.  Subsection (4) of section 397.901, Florida

18  Statutes, is amended to read:

19         397.901  Prototype juvenile addictions receiving

20  facilities.--

21         (4)  The department shall adopt rules necessary to

22  implement this section. The rules must be written by the

23  department's Substance Abuse Alcohol, Drug Abuse, and Mental

24  Health Program Office and must specify criteria for staffing

25  and services delineated for the provision of graduated levels

26  of care from nonintensive to environmentally secure for the

27  handling of aggressive and difficult-to-manage behavior and

28  the prevention of elopement.

29         Section 57.  Subsection (2) of section 400.435, Florida

30  Statutes, is amended to read:

31         400.435  Maintenance of records; reports.--


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  1         (2)  Within 60 days after the date of the biennial

  2  inspection visit or within 30 days after the date of any

  3  interim visit, the agency shall forward the results of the

  4  inspection to the district ombudsman council in whose planning

  5  and service area, as defined in part II, the facility is

  6  located; to at least one public library or, in the absence of

  7  a public library, the county seat in the county in which the

  8  inspected assisted living facility is located; and, when

  9  appropriate, to the district Adult Services and district

10  alcohol, drug abuse, and Mental Health Program Offices.

11         Section 58.  Paragraph (a) of subsection (1) of section

12  402.17, Florida Statutes, is amended to read:

13         402.17  Claims for care and maintenance; trust

14  property.--The Department of Children and Family Services

15  shall protect the financial interest of the state with respect

16  to claims which the state may have for the care and

17  maintenance of clients of the department. The department

18  shall, as trustee, hold in trust and administer money of

19  clients and property designated for the personal benefit of

20  clients. The department shall act as trustee of clients' money

21  and property entrusted to it in accordance with the usual

22  fiduciary standards applicable generally to trustees, and

23  shall act to protect both the short-term and long-term

24  interests of the clients for whose benefit it is holding such

25  money and property.

26         (1)  CLAIMS FOR CARE AND MAINTENANCE.--

27         (a)  The department shall perform the following acts:

28         1.  Receive and supervise the collection of sums due

29  the state.

30         2.  Bring any court action necessary to collect any

31  claim the state may have against any client, former client,


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  1  guardian of any client or former client, executor or

  2  administrator of the client's estate, or any person against

  3  whom any client or former client may have a claim.

  4         3.  Obtain a copy of any inventory or appraisal of the

  5  client's property filed with any court.

  6         4.  Obtain from the Economic Self-Sufficiency Services

  7  Program Office a financial status report on any client or

  8  former client, including the ability of third parties

  9  responsible for such client to pay all or part of the cost of

10  the client's care and maintenance.

11         5.  Petition the court for appointment of a guardian or

12  administrator for an otherwise unrepresented client or former

13  client should the financial status report or other information

14  indicate the need for such action. The cost of any such action

15  shall be charged against the assets or estate of the client.

16         6.  Represent the interest of the state in any

17  litigation in which a client or former client is a party.

18         7.  File claims with any person, firm, or corporation

19  or with any federal, state, county, district, or municipal

20  agency on behalf of an unrepresented client.

21         8.  Represent the state in the settlement of the

22  estates of deceased clients or in the settlement of estates in

23  which a client or a former client against whom the state may

24  have a claim has a financial interest.

25         9.  Establish procedures by rule for the use of amounts

26  held in trust for the client to pay for the cost of care and

27  maintenance, if such amounts would otherwise cause the client

28  to become ineligible for services which are in the client's

29  best interests.

30

31


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  1         Section 59.  Paragraph (a) of subsection (1) and

  2  subsection (7) of section 402.3015, Florida Statutes, are

  3  amended to read:

  4         402.3015  Subsidized child care program; purpose; fees;

  5  contracts.--

  6         (1)  The purpose of the subsidized child care program

  7  is to provide quality child care to enhance the development,

  8  including language, cognitive, motor, social, and self-help

  9  skills of children who are at risk of abuse or neglect and

10  children of low-income families, and to promote financial

11  self-sufficiency and life skills for the families of these

12  children, unless prohibited by federal law. Priority for

13  participation in the subsidized child care program shall be

14  accorded to children under 13 years of age who are:

15         (a)  Determined to be at risk of abuse, neglect, or

16  exploitation and who are currently clients of the department's

17  Family Safety Children and Families Program Office;

18         (7)  To the extent funds are available, the department

19  shall contract for support services for children who are

20  clients of the department's Child Care Services Children and

21  Families Program Office and who participate in the subsidized

22  child care program. Support services shall include, but need

23  not be limited to, transportation, child development programs,

24  child nutrition services, and parent training and family

25  counseling activities.

26         Section 60.  Subsection (6) of section 402.40, Florida

27  Statutes, is amended to read:

28         402.40  Child welfare training academies established;

29  Child Welfare Standards and Training Council created;

30  responsibilities of council; Child Welfare Training Trust Fund

31  created.--


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  1         (6)  TIMEFRAME FOR ESTABLISHMENT OF TRAINING

  2  ACADEMIES.--By June 30, 1987, the department shall have

  3  established and have operational at least one training

  4  academy, which shall be located in subdistrict IIB.  The

  5  department shall contract for the operation of one or more

  6  training academies the academy with Tallahassee Community

  7  College.  The number, location, and timeframe for

  8  establishment of additional training academies shall be

  9  according to the recommendation of the council as approved by

10  the Secretary of Children and Family Services.

11         Section 61.  Subsection (2) of section 402.47, Florida

12  Statutes, is amended to read:

13         402.47  Foster grandparent and retired senior volunteer

14  services to high-risk and handicapped children.--

15         (2)  The Department of Children and Family Health and

16  Rehabilitative Services shall:

17         (a)  Establish a program to provide foster grandparent

18  and retired senior volunteer services to high-risk and

19  handicapped children.  Foster grandparent services and retired

20  senior volunteer services to high-risk and handicapped

21  children shall be under the supervision of the department

22  Deputy Secretary for Human Services, in coordination with

23  intraagency and interagency programs and agreements as

24  provided for in s. 411.203.

25         (b)  In authorized districts, contract with foster

26  grandparent programs and retired senior volunteer programs for

27  services to high-risk and handicapped children, utilizing

28  funds appropriated for handicap prevention.

29         (c)  Develop guidelines for the provision of foster

30  grandparent services and retired senior volunteer services to

31


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  1  high-risk and handicapped children, and monitor and evaluate

  2  the implementation of the program.

  3         (d)  Coordinate with the Federal Action State Office

  4  and the department's Office of Prevention, Early Assistance,

  5  and Child Development regarding the development of criteria

  6  for program elements and funding.

  7         Section 62.  Subsection (7) of section 409.152, Florida

  8  Statutes, is amended to read:

  9         409.152  Service integration and family preservation.--

10         (7)  On or before September 1, 1993, and annually

11  thereafter, the department shall submit to the Governor, the

12  President of the Senate, the Speaker of the House of

13  Representatives, and the appropriate substantive committees of

14  the Senate and the House of Representatives a copy of the

15  state and district plans described in this section and the

16  results or accomplishments of any district family preservation

17  programs established by the health and human services boards.

18         Section 63.  Paragraphs (a) and (b) of subsection (2)

19  of section 409.1673, Florida Statutes, are amended to read:

20         409.1673  Legislative findings; alternate care plans.--

21         (2)  ALTERNATE CARE PLANS.--

22         (a)  The department must, in a collaborative

23  partnership with community service providers, annually develop

24  and administer an objective plan with respect to services for

25  dependent children. The district's community service providers

26  Each service district must annually develop and submit to the

27  district administrator health and human services board by

28  March 31, 1995, and by March 31 of each succeeding year, an

29  alternate care plan that specifies the assessment and case

30  planning process and prescribes the services needed to ensure

31  the most appropriate alternate care placement for dependent


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  1  children who must be placed outside their homes. As used in

  2  this section, the term "assessment" means the evaluation of a

  3  child's physical, psychological, educational, vocational, and

  4  social condition and the child's family environment as they

  5  relate to the child's need for rehabilitative and treatment

  6  services, including substance abuse treatment services, mental

  7  health services, developmental services, educational and

  8  remedial literacy services, medical services, family services,

  9  and other specialized services.

10         (b)  The plan must be developed by the department in

11  collaboration with community service providers, foster parent

12  providers, licensed residential child care providers, mental

13  health providers, parents and guardians, child care providers,

14  school system representatives, juvenile justice council

15  members, and other community representatives, and must be

16  approved by the district administrator health and human

17  services board. The plan must be approved prior to the

18  beginning of each fiscal year for use in preparing the

19  legislative budget request for the following fiscal year.

20         Section 64.  Paragraph (a) of subsection (1) of section

21  410.0245, Florida Statutes, is amended to read:

22         410.0245  Study of service needs; report; multiyear

23  plan.--

24         (1)(a)  The Aging and Adult Services Program Office of

25  the Department of Children and Family Services shall contract

26  for a study of the service needs of the 18-to-59-year-old

27  disabled adult population served or waiting to be served by

28  the community care for disabled adults program.  The Division

29  of Vocational Rehabilitation of the Department of Labor and

30  Employment Security and other appropriate state agencies shall

31


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  1  provide information to the Department of Children and Family

  2  Services when requested for the purposes of this study.

  3         Section 65.  Paragraph (a) of subsection (6) of section

  4  411.01, Florida Statutes, is amended to read:

  5         411.01  Florida Partnership for School Readiness;

  6  school readiness coalitions.--

  7         (6)  PROGRAM ELIGIBILITY.--The school readiness program

  8  shall be established for children under the age of

  9  kindergarten eligibility. Priority for participation in the

10  school readiness program shall be given to children who meet

11  one or more of the following criteria:

12         (a)  Children under the age of kindergarten eligibility

13  who are:

14         1.  Children determined to be at risk of abuse,

15  neglect, or exploitation and who are currently clients of the

16  Family Safety Children and Family Services Program Office of

17  the Department of Children and Family Services.

18         2.  Children at risk of welfare dependency, including

19  economically disadvantaged children, children of participants

20  in the WAGES program, children of migrant farmworkers, and

21  children of teen parents.

22         3.  Children of working families whose family income

23  does not exceed 150 percent of the federal poverty level.

24         Section 66.  Section 411.223, Florida Statutes, is

25  amended to read:

26         411.223  Uniform standards.--

27         (1)  The Department of Children and Family Health and

28  Rehabilitative Services, in consultation with the Department

29  of Education, shall establish a minimum set of procedures for

30  each preschool child who receives preventive health care with

31  state funds.  Preventive health care services shall meet the


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  1  minimum standards established by federal law for the Early

  2  Periodic Screening, Diagnosis, and Treatment Program and shall

  3  provide guidance on screening instruments which are

  4  appropriate for identifying health risks and handicapping

  5  conditions in preschool children.

  6         (2)  Duplicative diagnostic and planning practices

  7  shall be eliminated to the extent possible. Diagnostic and

  8  other information necessary to provide quality services to

  9  high-risk or handicapped children shall be shared among the

10  program offices of the Department of Children and Family

11  Health and Rehabilitative Services, pursuant to the provisions

12  of s. 228.093.

13         Section 67.  Paragraphs (c), (d), and (g) of subsection

14  (2) and subsection (5) of section 411.224, Florida Statutes,

15  are amended to read:

16         411.224  Family support planning process.--The

17  Legislature establishes a family support planning process to

18  be used by the Department of Children and Family Services as

19  the service planning process for targeted individuals,

20  children, and families under its purview.

21         (2)  To the extent possible within existing resources,

22  the following populations must be included in the family

23  support planning process:

24         (c)  Children from birth through age 5 who are served

25  by the Developmental Disabilities Services Program Office of

26  the Department of Children and Family Services.

27         (d)  Children from birth through age 5 who are served

28  by the Alcohol, Drug Abuse, and Mental Health Program Office

29  of the Department of Children and Family Services.

30         (g)  Children from birth through age 5 who are served

31  by the voluntary family services, protective supervision,


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  1  foster care, or adoption and related services programs of the

  2  Child Care Services Children and Families Program Office of

  3  the Department of Children and Family Services, and who are

  4  eligible for ongoing services from one or more other programs

  5  or agencies that participate in family support planning;

  6  however, children served by the voluntary family services

  7  program, where the planned length of intervention is 30 days

  8  or less, are excluded from this population.

  9         (5)  There must be only a single-family support plan to

10  address the problems of the various family members unless the

11  family requests that an individual family support plan be

12  developed for different members of that family.  The family

13  support plan must replace individual habilitation plans for

14  children from birth through 5 years old who are served by the

15  Developmental Disabilities Services Program Office of the

16  Department of Children and Family Services.  To the extent

17  possible, the family support plan must replace other

18  case-planning forms used by the Department of Children and

19  Family Services.

20         Section 68.  Paragraph (a) of subsection (1) of section

21  414.028, Florida Statutes, is amended to read:

22         414.028  Local WAGES coalitions.--The WAGES Program

23  State Board of Directors shall create and charter local WAGES

24  coalitions to plan and coordinate the delivery of services

25  under the WAGES Program at the local level. The boundaries of

26  the service area for a local WAGES coalition shall conform to

27  the boundaries of the service area for the regional workforce

28  development board established under the Enterprise Florida

29  workforce development board. The local delivery of services

30  under the WAGES Program shall be coordinated, to the maximum

31  extent possible, with the local services and activities of the


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  1  local service providers designated by the regional workforce

  2  development boards.

  3         (1)(a)  Each local WAGES coalition must have a minimum

  4  of 11 members, of which at least one-half must be from the

  5  business community. The composition of the coalition

  6  membership must generally reflect the racial, gender, and

  7  ethnic diversity of the community as a whole. All members

  8  shall be appointed to 3-year terms. The membership of each

  9  coalition must include:

10         1.  Representatives of the principal entities that

11  provide funding for the employment, education, training, and

12  social service programs that are operated in the service area,

13  including, but not limited to, representatives of local

14  government, the regional workforce development board, and the

15  United Way.

16         2.  A representative of the district administrator in

17  the appropriate district of the Department of Children and

18  Family Services health and human services board.

19         3.  A representative of a community development board.

20         4.  Three representatives of the business community who

21  represent a diversity of sizes of businesses.

22         5.  Representatives of other local planning,

23  coordinating, or service-delivery entities.

24         6.  A representative of a grassroots community or

25  economic development organization that serves the poor of the

26  community.

27         Section 69.  Paragraph (e) of subsection (2) of section

28  414.105, Florida Statutes, is amended to read:

29         414.105  Time limitations of temporary cash

30  assistance.--Unless otherwise expressly provided in this

31  chapter, an applicant or current participant shall receive


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  1  temporary cash assistance for episodes of not more than 24

  2  cumulative months in any consecutive 60-month period that

  3  begins with the first month of participation and for not more

  4  than a lifetime cumulative total of 48 months as an adult.

  5         (2)  A participant who is not exempt from work activity

  6  requirements may earn 1 month of eligibility for extended

  7  temporary cash assistance, up to maximum of 12 additional

  8  months, for each month in which the participant is fully

  9  complying with the work activities of the WAGES Program

10  through subsidized or unsubsidized public or private sector

11  employment. The period for which extended temporary cash

12  assistance is granted shall be based upon compliance with

13  WAGES Program requirements beginning October 1, 1996. A

14  participant may not receive temporary cash assistance under

15  this subsection, in combination with other periods of

16  temporary cash assistance for longer than a lifetime limit of

17  48 months. Hardship exemptions to the time limitations of this

18  chapter shall be limited to 20 percent of participants in all

19  subsequent years, as determined by the department and approved

20  by the WAGES Program State Board of Directors. Criteria for

21  hardship exemptions include:

22         (e)  A recommendation of extension for a minor child of

23  a participating family that has reached the end of the

24  eligibility period for temporary cash assistance. The

25  recommendation must be the result of a review which determines

26  that the termination of the child's temporary cash assistance

27  would be likely to result in the child being placed into

28  emergency shelter or foster care. Temporary cash assistance

29  shall be provided through a protective payee. Staff of the

30  Child Care Services Children and Families Program Office of

31  the department shall conduct all assessments in each case in


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  1  which it appears a child may require continuation of temporary

  2  cash assistance through a protective payee.

  3

  4  At the recommendation of the local WAGES coalition, temporary

  5  cash assistance under a hardship exemption for a participant

  6  who is eligible for work activities and who is not working

  7  shall be reduced by 10 percent. Upon the employment of the

  8  participant, full benefits shall be restored.

  9         Section 70.  Subsection (3) of section 414.36, Florida

10  Statutes, is amended to read:

11         414.36  Public assistance overpayment recovery program;

12  contracts.--

13         (3)  The Economic Self-Sufficiency Services Program

14  Office of the department shall have responsibility for

15  contract management and for monitoring and policy development

16  functions relating to privatization of the public assistance

17  overpayment recovery program.

18         Section 71.  Subsection (4) of section 916.107, Florida

19  Statutes, is amended to read:

20         916.107  Rights of forensic clients.--

21         (4)  QUALITY OF TREATMENT.--Each client committed

22  pursuant to this chapter shall receive treatment or training

23  suited to the client's needs, which shall be administered

24  skillfully, safely, and humanely with full respect for the

25  client's dignity and personal integrity.  Each client shall

26  receive such medical, vocational, social, educational, and

27  rehabilitative services as the client's condition requires to

28  bring about a return to court for disposition of charges or a

29  return to the community.  In order to achieve this goal, the

30  department is directed to coordinate the services of the

31  Alcohol, Drug Abuse and Mental Health Program Office and the


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  1  Developmental Disabilities Services Program Office with all

  2  other programs of the department and other appropriate state

  3  agencies.

  4         Section 72.  Paragraph (e) of subsection (1) of section

  5  985.223, Florida Statutes, is amended to read:

  6         985.223  Incompetency in juvenile delinquency cases.--

  7         (1)  If, at any time prior to or during a delinquency

  8  case, the court has reason to believe that the child named in

  9  the petition may be incompetent to proceed with the hearing,

10  the court on its own motion may, or on the motion of the

11  child's attorney or state attorney must, stay all proceedings

12  and order an evaluation of the child's mental condition.

13         (e)  For incompetency evaluations related to mental

14  retardation, the court shall order the Developmental

15  Disabilities Services Program Office within the Department of

16  Children and Family Services to examine the child to determine

17  if the child meets the definition of "retardation" in s.

18  393.063 and, if so, whether the child is competent to proceed

19  with delinquency proceedings.

20         Section 73.  Paragraphs (b) and (d) of subsection (3)

21  and paragraph (c) of subsection (4) of section 985.413,

22  Florida Statutes, are amended to read:

23         985.413  District juvenile justice boards.--

24         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--

25         (b)1.a.  The authority to appoint members to district

26  juvenile justice boards, and the size of each board, is as

27  follows:

28         (I)  District 1 is to have a board composed of 12

29  members, to be appointed by the juvenile justice councils of

30  the respective counties, as follows: Escambia County, 6

31


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  1  members; Okaloosa County, 3 members; Santa Rosa County, 2

  2  members; and Walton County, 1 member.

  3         (II)  District 2 is to have a board composed of 18

  4  members, to be appointed by the juvenile justice councils in

  5  the respective counties, as follows: Holmes County, 1 member;

  6  Washington County, 1 member; Bay County, 2 members; Jackson

  7  County, 1 member; Calhoun County, 1 member; Gulf County, 1

  8  member; Gadsden County, 1 member; Franklin County, 1 member;

  9  Liberty County, 1 member; Leon County, 4 members; Wakulla

10  County, 1 member; Jefferson County, 1 member; Madison County,

11  1 member; and Taylor County, 1 member.

12         (III)  District 3 is to have a board composed of 15

13  members, to be appointed by the juvenile justice councils of

14  the respective counties, as follows: Hamilton County, 1

15  member; Suwannee County, 1 member; Lafayette County, 1 member;

16  Dixie County, 1 member; Columbia County, 1 member; Gilchrist

17  County, 1 member; Levy County, 1 member; Union County, 1

18  member; Bradford County, 1 member; Putnam County, 1 member;

19  and Alachua County, 5 members.

20         (IV)  District 4 is to have a board composed of 12

21  members, to be appointed by the juvenile justice councils of

22  the respective counties, as follows: Baker County, 1 member;

23  Nassau County, 1 member; Duval County, 7 members; Clay County,

24  2 members; and St. Johns County, 1 member.

25         (V)  District 5 is to have a board composed of 12

26  members, to be appointed by the juvenile justice councils of

27  the respective counties, as follows: Pasco County, 3 members;

28  and Pinellas County, 9 members.

29         (VI)  District 6 is to have a board composed of 12

30  members, to be appointed by the juvenile justice councils of

31


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  1  the respective counties, as follows: Hillsborough County, 9

  2  members; and Manatee County, 3 members.

  3         (VII)  District 7 is to have a board composed of 12

  4  members, to be appointed by the juvenile justice councils of

  5  the respective counties, as follows: Seminole County, 3

  6  members; Orange County, 5 members; Osceola County, 1 member;

  7  and Brevard County, 3 members.

  8         (VIII)  District 8 is to have a board composed of 12

  9  members, to be appointed by the juvenile justice councils of

10  the respective counties, as follows: Sarasota County, 3

11  members; DeSoto County, 1 member; Charlotte County, 1 member;

12  Lee County, 3 members; Glades County, 1 member; Hendry County,

13  1 member; and Collier County, 2 members.

14         (IX)  District 9 is to have a board composed of 12

15  members, to be appointed by the juvenile justice council of

16  Palm Beach County.

17         (X)  District 10 is to have a board composed of 12

18  members, to be appointed by the juvenile justice council of

19  Broward County.

20         (XI)  District 11 is to have a juvenile justice board

21  composed of 12 members to be appointed by the juvenile justice

22  council in the respective counties, as follows:  Miami-Dade

23  Dade County, 6 members and Monroe County, 6 members.

24         (XII)  District 12 is to have a board composed of 12

25  members, to be appointed by the juvenile justice council of

26  the respective counties, as follows: Flagler County, 3

27  members; and Volusia County, 9 members.

28         (XIII)  District 13 is to have a board composed of 12

29  members, to be appointed by the juvenile justice councils of

30  the respective counties, as follows: Marion County, 4 members;

31


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  1  Citrus County, 2 members; Hernando County, 2 members; Sumter

  2  County, 1 member; and Lake County, 3 members.

  3         (XIV)  District 14 is to have a board composed of 12

  4  members, to be appointed by the juvenile justice councils of

  5  the respective counties, as follows: Polk County, 9 members;

  6  Highlands County, 2 members; and Hardee County, 1 member.

  7         (XV)  District 15 is to have a board composed of 12

  8  members, to be appointed by the juvenile justice councils of

  9  the respective counties, as follows: Indian River County, 3

10  members; Okeechobee County, 1 member; St. Lucie County, 5

11  members; and Martin County, 3 members.

12

13  The district administrator of the Department of Children and

14  Family Services in each district may health and human services

15  board in each district may appoint one of its members to serve

16  as an ex officio member of the district juvenile justice board

17  established under this sub-subparagraph.

18         b.  In any judicial circuit where a juvenile

19  delinquency and gang prevention council exists on the date

20  this act becomes law, and where the circuit and district or

21  subdistrict boundaries are identical, such council shall

22  become the district juvenile justice board, and shall

23  thereafter have the purposes and exercise the authority and

24  responsibilities provided in this section.

25         2.  At any time after the adoption of initial bylaws

26  pursuant to paragraph (c), a district juvenile justice board

27  may adopt a bylaw to enlarge the size, by no more than three

28  members, and composition of the board to adequately reflect

29  the diversity of the population and community organizations in

30  the district.

31


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  1         3.  All appointments shall be for 2-year terms.

  2  Appointments to fill vacancies created by death, resignation,

  3  or removal of a member are for the unexpired term. A member

  4  may not serve more than three full consecutive terms.

  5         4.  A member who is absent for three meetings within

  6  any 12-month period, without having been excused by the chair,

  7  is deemed to have resigned, and the board shall immediately

  8  declare the seat vacant.  Members may be suspended or removed

  9  for cause by a majority vote of the board members or by the

10  Governor.

11         5.  Members are subject to the provisions of chapter

12  112, part III, Code of Ethics for Public Officers and

13  Employees.

14         (d)  A district juvenile justice board has the purpose,

15  power, and duty to:

16         1.  Advise the district juvenile justice manager and

17  the district administrator on the need for and the

18  availability of juvenile justice programs and services in the

19  district, including the educational services in Department of

20  Juvenile Justice programs.

21         2.  Develop a district juvenile justice plan that is

22  based upon the juvenile justice plans developed by each county

23  within the district, and that addresses the needs of each

24  county within the district.

25         3.  Develop a district interagency cooperation and

26  information-sharing agreement that supplements county

27  agreements and expands the scope to include appropriate

28  circuit and district officials and groups.

29         4.  Coordinate the efforts of the district juvenile

30  justice board with the activities of the Governor's Juvenile

31


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  1  Justice and Delinquency Prevention Advisory Committee and

  2  other public and private entities.

  3         5.  Advise and assist the district juvenile justice

  4  manager in the provision of optional, innovative delinquency

  5  services in the district to meet the unique needs of

  6  delinquent children and their families.

  7         6.  Develop, in consultation with the district juvenile

  8  justice manager, funding sources external to the Department of

  9  Juvenile Justice for the provision and maintenance of

10  additional delinquency programs and services. The board may,

11  either independently or in partnership with one or more county

12  juvenile justice councils or other public or private entities,

13  apply for and receive funds, under contract or other funding

14  arrangement, from federal, state, county, city, and other

15  public agencies, and from public and private foundations,

16  agencies, and charities for the purpose of funding optional

17  innovative prevention, diversion, or treatment services in the

18  district for delinquent children and children at risk of

19  delinquency, and their families. To aid in this process, the

20  department shall provide fiscal agency services for the

21  councils.

22         7.  Educate the community about and assist in the

23  community juvenile justice partnership grant program

24  administered by the Department of Juvenile Justice.

25         8.  Advise the district administrator of the Department

26  of Children and Family Services health and human services

27  board, the district juvenile justice manager, and the

28  Secretary of Juvenile Justice regarding the development of the

29  legislative budget request for juvenile justice programs and

30  services in the district and the commitment region, and, in

31  coordination with the district administrator health and human


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  1  services board, make recommendations, develop programs, and

  2  provide funding for prevention and early intervention programs

  3  and services designed to serve children in need of services,

  4  families in need of services, and children who are at risk of

  5  delinquency within the district or region.

  6         9.  Assist the district juvenile justice manager in

  7  collecting information and statistical data useful in

  8  assessing the need for prevention programs and services within

  9  the juvenile justice continuum program in the district.

10         10.  Make recommendations with respect to, and monitor

11  the effectiveness of, the judicial administrative plan for

12  each circuit pursuant to Rule 2.050, Florida Rules of Judicial

13  Administration.

14         11.  Provide periodic reports to the district

15  administrator health and human services board in the

16  appropriate district of the Department of Children and Family

17  Services. These reports must contain, at a minimum, data about

18  the clients served by the juvenile justice programs and

19  services in the district, as well as data concerning the unmet

20  needs of juveniles within the district.

21         12.  Provide a written annual report on the activities

22  of the board to the district administrator, the Secretary of

23  Juvenile Justice, and the Juvenile Justice Accountability

24  Board. The report should include an assessment of the

25  effectiveness of juvenile justice continuum programs and

26  services within the district, recommendations for elimination,

27  modification, or expansion of existing programs, and

28  suggestions for new programs or services in the juvenile

29  justice continuum that would meet identified needs of children

30  and families in the district.

31         (4)  DISTRICT JUVENILE JUSTICE PLAN; PROGRAMS.--


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  1         (c)  The district juvenile justice board may use public

  2  hearings and other appropriate processes to solicit input

  3  regarding the development and updating of the district

  4  juvenile justice plan. Input may be provided by parties which

  5  include, but are not limited to:

  6         1.  Local level public and private service providers,

  7  advocacy organizations, and other organizations working with

  8  delinquent children.

  9         2.  County and municipal governments.

10         3.  State agencies that provide services to children

11  and their families.

12         4.  University youth centers.

13         5.  Judges, state attorneys, public defenders, and The

14  Florida Bar.

15         6.  Victims of crimes committed by children.

16         7.  Law enforcement.

17         8.  Delinquent children and their families and

18  caregivers.

19

20  The district juvenile justice board must develop its district

21  juvenile justice plan in close cooperation with the

22  appropriate health and human services board of the Department

23  of Children and Family Services, local school districts, local

24  law enforcement agencies, and other community groups and must

25  update the plan annually. To aid the planning process, the

26  Department of Juvenile Justice shall provide to district

27  juvenile justice boards routinely collected ethnicity data.

28  The Department of Law Enforcement shall include ethnicity as a

29  field in the Florida Intelligence Center database, and shall

30  collect the data routinely and make it available to district

31  juvenile justice boards.


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  1         Section 74.  Subsection (2) of section 402.185 and

  2  subsection (6) of section 409.152, Florida Statutes, are

  3  repealed.

  4         Section 75.  Children's services council or juvenile

  5  welfare board incentive grants.--

  6         (1)  Subject to specific appropriations, it is the

  7  intent of the Legislature to provide incentives to encourage

  8  children's services councils or juvenile welfare boards to

  9  provide support to local child welfare programs related to

10  implementation of community-based care.

11         (a)  A children's services council or juvenile welfare

12  board, as authorized in s. 125.901, Florida Statutes, may

13  submit a request for funding or continued funding to the

14  Department of Children and Family Services to support programs

15  funded by the council or board for local child welfare

16  services related to implementation of community-based care.

17         (b)  The Department of Children and Family Services

18  shall establish grant application procedures.

19         (2)  The Department of Children and Family Services

20  shall make award determinations no later than October 1 of

21  each year.  All applicants shall be notified by the department

22  of its final action.

23         (3)  Each council or board that is awarded a grant as

24  provided for in this section shall submit performance and

25  output information as determined by the Department of Children

26  and Family Services.

27         (4)  The Department of Children and Family Services

28  shall establish rules as necessary to implement this section.

29         Section 76.  (1)  The Correctional Privatization

30  Commission created under chapter 957, Florida Statutes, in

31  consultation with the Department of Children and Family


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  1  Services, shall develop and issue a request for proposal for

  2  the financing, design, construction, acquisition, ownership,

  3  leasing, and operation of a secure facility of at least 400

  4  beds to house and rehabilitate sexual predators committed

  5  under the Jimmy Ryce Act of 1998. The Secretary of Children

  6  and Family Services shall retain final approval of the request

  7  for proposal, the successful bidder, and the contract.

  8         (2)  This constitutes specific legislative

  9  authorization for the Correctional Privatization Commission to

10  enter into a contract with a provider for the financing,

11  design, construction, acquisition, ownership, leasing, and

12  operation of a secure facility to house and rehabilitate

13  sexual predators to be constructed upon the grounds of the

14  DeSoto Correctional Facility in DeSoto County housing the

15  DeSoto Correctional Institute.

16         (3)  The selected contractor for the financing, design,

17  construction, acquisition, ownership, leasing and operation of

18  the secure facility is authorized to enter into a lease

19  arrangement or other private financing, or to sponsor the

20  issuance of tax exempt bonds, certificates of participation,

21  or other public or private means to finance the facility. The

22  state is authorized to enter into all such agreements as are

23  necessary, including lease alternatives, to bring the facility

24  to an operational state and to commence leasing of the

25  facility.

26         (4)  Upon completion of the sexual predator secure

27  treatment facility in DeSoto County, the Martin Sexually

28  Violent Predator Treatment and Retaining Program shall be

29  phased out, to be terminated within 1 year of completion of

30  the facility.

31


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  1         Section 77.  Paragraphs (a) and (b) of subsection (3)

  2  of section 409.145, Florida Statutes, are amended to read:

  3         409.145  Care of children.--

  4         (3)(a)  The department is authorized to continue to

  5  provide the services of the children's foster care program to

  6  individuals 18 to 21 years of age who are enrolled in high

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

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

  9  education program, and to continue to provide services of the

10  children's foster care program to individuals 18 to 23 years

11  of age who are enrolled full-time in a postsecondary

12  educational institution granting a degree, a certificate, or

13  an applied technology diploma, if the following requirements

14  are met:

15         1.  The individual was committed to the legal custody

16  of the department for placement in foster care as a dependent

17  child;

18         2.  All other resources have been thoroughly explored,

19  and it can be clearly established that there are no

20  alternative resources for placement; and

21         3.  A written service agreement which specifies

22  responsibilities and expectations for all parties involved has

23  been signed by a representative of the department, the

24  individual, and the foster parent or licensed child-caring

25  agency providing the placement resources.

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

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

28  the period of time the individual is continuously enrolled in

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

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

31  education program; and shall continue for those individuals 18


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  1  to 23 years of age only for the period of time the individual

  2  is continuously enrolled full-time in a postsecondary

  3  educational institution granting a degree, a certificate, or

  4  an applied technology diploma. Services shall be terminated

  5  upon completion of or withdrawal or permanent expulsion from

  6  high school, the program leading to a high school equivalency

  7  diploma, or the full-time career education program, or the

  8  postsecondary educational institution granting a degree, a

  9  certificate, or an applied technology diploma.

10         Section 78.  Subsection (5) of section 216.136, Florida

11  Statutes, is amended to read:

12         216.136  Consensus estimating conferences; duties and

13  principals.--

14         (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--

15         (a)  Duties.--The Criminal Justice Estimating

16  Conference shall:

17         1.  Develop such official information relating to the

18  criminal justice system, including forecasts of prison

19  admissions by offense categories specified in Rule 3.701,

20  Florida Rules of Criminal Procedure, as the conference

21  determines is needed for the state planning and budgeting

22  system.

23         2.  Develop such official information relating to the

24  number of eligible discharges and the projected number of

25  civil commitments for determining space needs pursuant to the

26  civil proceedings provided under part V. of chapter 394.

27         Section 79.  Section 216.1365, Florida Statutes is

28  repealed.

29         Section 80.  Section 960.07, Florida Statutes, is

30  amended to read:

31         960.07  Filing of claims for compensation.--


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  1         (1)  A claim for compensation may be filed by a person

  2  eligible for compensation as provided in s. 960.065 or, if

  3  such person is a minor, by his or her parent or guardian or,

  4  if the person entitled to make a claim is mentally

  5  incompetent, by the person's guardian or such other individual

  6  authorized to administer his or her estate.

  7         (2)  Except as provided in subsection (3), a claim must

  8  be filed not later than 1 year after:

  9         (a)  The occurrence of the crime upon which the claim

10  is based.

11         (b)  The death of the victim or intervenor.

12         (c)  The death of the victim or intervenor is

13  determined to be the result of a crime, and the crime occurred

14  after June 30, 1994.

15

16  However, for good cause the department may extend the time for

17  filing for a period not exceeding 2 years after such

18  occurrence.

19         (3)  Notwithstanding the provisions of subsection (2)

20  and regardless of when the crime occurred, if the victim or

21  intervenor was under the age of 18 at the time the crime upon

22  which the claim is based occurred, a claim may be filed in

23  accordance with this subsection.

24         (a)  The victim's or intervenor's parent or guardian

25  may file a claim on behalf of the victim or intervenor while

26  the victim or intervenor is less than 18 years of age; or

27         (b)  When a victim or intervenor who was under the age

28  of 18 at the time the crime occurred reaches the age of 18,

29  the victim or intervenor has 1 year within which to file a

30  claim.

31


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  1  For good cause, the department may extend the time period

  2  allowed for filing a claim under paragraph (b) for an

  3  additional period not to exceed 1 year.

  4         (4)  The provisions of subsection (2) notwithstanding,

  5  and regardless of when the crime occurred, a victim of a

  6  sexually violent offense as defined in s. 394.912, may file a

  7  claim for compensation for counseling or other mental health

  8  services within one year after the filing of a petition under

  9  s. 394.914, to involuntarily civilly commit the individual who

10  perpetrated the sexually violent offense.

11         (5)(4)  Claims may be filed in the Tallahassee office

12  of the department in person or by mail.  Any employee of the

13  department receiving a claim for compensation shall,

14  immediately upon receipt of such claim, mail the claim to the

15  department at its office in Tallahassee.  In no event and

16  under no circumstances shall the rights of a claimant under

17  this chapter be prejudiced or lost by the failure or delay of

18  the employees of the department in mailing claims to the

19  department in Tallahassee.

20         (6)(5)  Upon filing of a claim pursuant to this

21  chapter, in which there is an identified offender, the

22  department shall promptly notify the state attorney of the

23  circuit wherein the crime is alleged to have occurred. If

24  within 10 days after such notification such state attorney

25  advises the department that a criminal prosecution or

26  delinquency petition is pending upon the same alleged crime

27  and requests that action by the department be deferred, the

28  department shall defer all proceedings under this chapter

29  until such time as a trial verdict or delinquency adjudication

30  has been rendered, and shall so notify such state attorney and

31  claimant. When a trial verdict or delinquency adjudication has


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  1  been rendered, such state attorney shall promptly notify the

  2  department. Nothing in this subsection shall limit the

  3  authority of the department to grant emergency awards pursuant

  4  to s. 960.12.

  5         (7)(6)  The state attorney's office shall aid claimants

  6  in the filing and processing of claims, as may be required.

  7         Section 81.  Paragraph (e) of subsection (3) of section

  8  394.913, Florida Statutes, is amended to read:

  9         394.913  Notice to state attorney and multidisciplinary

10  team of release of sexually violent predator; establishing

11  multidisciplinary teams; information to be provided to

12  multidisciplinary teams.--

13         (3)

14         (e)  Within 90 45 days after receiving notice, there

15  shall be a written assessment as to whether the person meets

16  the definition of a sexually violent predator and a written

17  recommendation, which shall be provided to the state attorney.

18  The written recommendation shall be provided by the Department

19  of Children and Family Services and shall include the written

20  report of the multidisciplinary team.

21

22  The provisions of this section are not jurisdictional, and

23  failure to comply with them in no way prevents the state

24  attorney from proceeding against a person otherwise subject to

25  the provisions of this part.

26         Section 82.  Section 394.930, Florida Statutes, is

27  amended to read:

28         394.930  Authority to adopt rules.--The Department of

29  Children and Family Services shall adopt rules for:

30

31


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  1         (1)  Procedures that must be followed by members of the

  2  multidisciplinary teams when assessing and evaluating persons

  3  subject to this part;

  4         (2)  Education and training requirements for members of

  5  the multidisciplinary teams and professionals who assess and

  6  evaluate persons under this part;

  7         (3)(2)  The criteria that must exist in order for a

  8  multidisciplinary team to recommend to a state attorney that a

  9  petition should be filed to involuntarily commit a person

10  under this part. The criteria shall include, but are not

11  limited to, whether:

12         (a)  The person has a propensity to engage in future

13  acts of sexual violence;

14         (b)  The person should be placed in a secure,

15  residential facility; and

16         (c)  The person needs long-term treatment and care.

17         (4)(3)  The designation of secure facilities for

18  sexually violent predators who are subject to involuntary

19  commitment under this part;

20         (5)(4)  The components of the basic treatment plan for

21  all committed persons under this part;

22         (6)(5)  The protocol to inform a person that he or she

23  is being examined to determine whether he or she is a sexually

24  violent predator under this part.

25         Section 83.  Section 394.931, Florida Statutes, is

26  amended to read:

27         394.931  Quarterly reports.--Beginning July 1, 1999,

28  the Department of Corrections shall collect information and

29  compile quarterly reports with statistics profiling inmates

30  released the previous quarter who fit the criteria and were

31  referred to the Department of Children and Family Services


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  1  pursuant to this act. The quarterly reports must be produced

  2  beginning October 1, 1999. At a minimum, the information that

  3  must be collected and compiled for inclusion in the reports

  4  includes: whether the qualifying offense was the current

  5  offense or the prior offense; the most serious sexual offense;

  6  the total number of distinct victims of the sexual offense;

  7  whether the victim was known to the offender; whether the

  8  sexual act was consensual; whether the sexual act involved

  9  multiple victims; whether direct violence was involved in the

10  sexual offense; the age of each victim at the time of the

11  offense; the age of the offender at the time of the first

12  sexual offense; whether a weapon was used; length of time

13  since the most recent sexual offense; and the total number of

14  prior and current sexual-offense convictions. In addition, the

15  Department of Children and Family Services shall implement a

16  long-term study to determine the overall efficacy of the

17  provisions of this part.

18         Section 84.  Social Work Feasibility Study.--

19         The Department of Children and Family Services is

20  authorized to study the feasibility of establishing a

21  certification or licensure program for non-clinical master

22  level and bachelor level social work for the protection of

23  consumers of social work services. This study shall be

24  conducted in consultation with the Florida schools of social

25  work. The Department shall report back to the Speaker of the

26  House of Representatives and the President of the Senate as to

27  the feasibility and desirability of establishing such a

28  program.

29         Section 85.  Section 784.085, Florida Statutes, is

30  created to read:

31


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  1         784.085  Battery of child by throwing, tossing,

  2  projecting, or expelling certain fluids or materials.--

  3         (1)  It is unlawful for any person, except a child as

  4  defined in this section, to knowingly cause or attempt to

  5  cause a child to come into contact with blood, seminal fluid,

  6  or urine or feces by throwing, tossing, projecting, or

  7  expelling such fluid or material.

  8         (2)  Any person, except a child as defined in this

  9  section, who violates this section commits battery of a child,

10  a felony of the third degree, punishable as provided in s.

11  775.082, s. 775.083, or s. 775.084.

12         (3)  As used in this section, the term "child" means a

13  person under 18 years of age.

14         Section 86.  Paragraph (d) of subsection (3) of section

15  921.0022, Florida Statutes, is amended to read:

16         921.0022  Criminal Punishment Code; offense severity

17  ranking chart.--

18         (3)  OFFENSE SEVERITY RANKING CHART

19

20  Florida           Felony

21  Statute           Degree             Description

22

23

24                              (d)  LEVEL 4

25  316.1935(3)        2nd      Driving at high speed or with

26                              wanton disregard for safety while

27                              fleeing or attempting to elude

28                              law enforcement officer who is in

29                              a marked patrol vehicle with

30                              siren and lights activated.

31


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  1  784.07(2)(b)       3rd      Battery of law enforcement

  2                              officer, firefighter, intake

  3                              officer, etc.

  4  784.075            3rd      Battery on detention or

  5                              commitment facility staff.

  6  784.08(2)(c)       3rd      Battery on a person 65 years of

  7                              age or older.

  8  784.081(3)         3rd      Battery on specified official or

  9                              employee.

10  784.082(3)         3rd      Battery by detained person on

11                              visitor or other detainee.

12  784.083(3)         3rd      Battery on code inspector.

13  784.085            3rd      Battery of child by throwing,

14                              tossing, projecting, or expelling

15                              certain fluids or materials.

16  787.03(1)          3rd      Interference with custody;

17                              wrongly takes child from

18                              appointed guardian.

19  787.04(2)          3rd      Take, entice, or remove child

20                              beyond state limits with criminal

21                              intent pending custody

22                              proceedings.

23  787.04(3)          3rd      Carrying child beyond state lines

24                              with criminal intent to avoid

25                              producing child at custody

26                              hearing or delivering to

27                              designated person.

28  790.115(1)         3rd      Exhibiting firearm or weapon

29                              within 1,000 feet of a school.

30

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  1  790.115(2)(b)      3rd      Possessing electric weapon or

  2                              device, destructive device, or

  3                              other weapon on school property.

  4  790.115(2)(c)      3rd      Possessing firearm on school

  5                              property.

  6  800.04(7)(c)       3rd      Lewd or lascivious exhibition;

  7                              offender less than 18 years.

  8  810.02(4)(a)       3rd      Burglary, or attempted burglary,

  9                              of an unoccupied structure;

10                              unarmed; no assault or battery.

11  810.02(4)(b)       3rd      Burglary, or attempted burglary,

12                              of an unoccupied conveyance;

13                              unarmed; no assault or battery.

14  810.06             3rd      Burglary; possession of tools.

15  810.08(2)(c)       3rd      Trespass on property, armed with

16                              firearm or dangerous weapon.

17  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

18                              or more but less than $20,000.

19  812.014

20   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

21                              firearm, motor vehicle,

22                              livestock, etc.

23  817.563(1)         3rd      Sell or deliver substance other

24                              than controlled substance agreed

25                              upon, excluding s. 893.03(5)

26                              drugs.

27  828.125(1)         2nd      Kill, maim, or cause great bodily

28                              harm or permanent breeding

29                              disability to any registered

30                              horse or cattle.

31  837.02(1)          3rd      Perjury in official proceedings.


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  1  837.021(1)         3rd      Make contradictory statements in

  2                              official proceedings.

  3  843.025            3rd      Deprive law enforcement,

  4                              correctional, or correctional

  5                              probation officer of means of

  6                              protection or communication.

  7  843.15(1)(a)       3rd      Failure to appear while on bail

  8                              for felony (bond estreature or

  9                              bond jumping).

10  874.05(1)          3rd      Encouraging or recruiting another

11                              to join a criminal street gang.

12  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

13                              893.03(1)(a), (b), or (d), or

14                              (2)(a) or (b) drugs).

15  914.14(2)          3rd      Witnesses accepting bribes.

16  914.22(1)          3rd      Force, threaten, etc., witness,

17                              victim, or informant.

18  914.23(2)          3rd      Retaliation against a witness,

19                              victim, or informant, no bodily

20                              injury.

21  918.12             3rd      Tampering with jurors.

22         Section 87.  Section 683.23, Florida Statutes, is

23  created to read:

24         683.23  Florida Missing Children's Day.--The second

25  Monday in September of each year is hereby designated as

26  "Florida Missing Children's Day" in remembrance of Florida's

27  past and present missing children and in recognition of our

28  state's continued efforts to protect the safety of children

29  through prevention, education, and community involvement.

30         Section 88.  Pilot program for attorneys ad litem for

31  dependent children.--


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  1         (1)  LEGISLATIVE INTENT.--In furtherance of the goals

  2  set forth in section 39.4085, Florida Statutes, it is the

  3  intent of the Legislature that children who are maintained in

  4  out-of-home care by court order under s. 39.402 receive

  5  competent legal representation.

  6         (2)  RESPONSIBILITIES.--

  7         (a)  The Office of the State Courts Administrator shall

  8  establish a 3-year pilot Attorney Ad Litem Program in the

  9  Ninth Judicial Circuit.

10         (b)  The Office of the State Courts Administrator shall

11  establish the pilot program in the Ninth Judicial Circuit by

12  October 1, 2000. The Ninth Judicial Circuit may contract with

13  a private or public entity in the Ninth Judicial Circuit to

14  establish the pilot program. The private or public entity must

15  have appropriate expertise in representing the rights of

16  children taken into custody by the Department of Children and

17  Family Services. The Office of the State Court Administrator

18  shall identify measurable outcomes, including, but not limited

19  to, the impact of counsel on child safety, improvements in the

20  provision of appropriate services, and any reduction in the

21  length of stay of children in state care. The pilot program

22  shall be established and operate independently of any other

23  state agency responsible for the care of children taken into

24  custody.

25         (c)  The Ninth Judicial Circuit shall designate an

26  attorney within the Ninth Judicial Circuit to conduct the

27  administrative oversight of the pilot program. The program

28  administrator must be a member in good standing of The Florida

29  Bar and must have 5 or more years of experience in the area of

30  child advocacy, child welfare, or juvenile law. The

31


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  1  administrative oversight of the pilot program is subject to

  2  supervision by the Ninth Judicial Circuit.

  3         (d)  The Office of the State Courts Administrator in

  4  conjunction with the pilot program shall develop a training

  5  program for attorneys ad litem which includes, but need not be

  6  limited to, appropriate standards of practice for attorneys

  7  who represent children.

  8         (e)  Within funds specifically appropriated for this

  9  pilot program, the Office of the State Courts Administrator in

10  conjunction with the pilot program shall design an appropriate

11  attorney ad litem program and may establish the number of

12  attorneys needed to serve as attorneys ad litem and may employ

13  attorneys and other personnel. An attorney ad litem must be a

14  member in good standing of The Florida Bar and may not serve

15  as an attorney ad litem until he or she has completed the

16  training program.

17         (f)  The court shall appoint the entity responsible for

18  representation of children in the Ninth Judicial Circuit under

19  the pilot program who are continued in out-of-home care at the

20  shelter hearing conducted under section 39.402, Florida

21  Statutes, if the court deems attorney ad litem representation

22  necessary. At any time following the shelter hearing, the

23  court may appoint an attorney ad litem upon the motion of any

24  party, or upon the court's own motion if an attorney ad litem

25  has not yet been appointed and the court deems such

26  representation necessary. The attorney ad litem's

27  representation shall be limited to proceedings initiated under

28  chapter 39, only. The court must appoint a guardian ad litem

29  pursuant to s. 39.822 for all children who have been appointed

30  an attorney ad litem. Upon this action by the court, the

31  department shall provide to the administrator, at a minimum,


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  1  the name of the child, the location and placement of the

  2  child, the name of the department's authorized agent and

  3  contact information, copies of all notices sent to the parent

  4  or legal custodian of the child, and other information or

  5  records concerning the child.

  6         (g)  Upon the court's direction, the pilot program

  7  administrator shall assign an attorney ad litem to represent

  8  the child. Once assigned, the attorney ad litem shall

  9  represent the child's wishes for purposes of proceedings under

10  chapter 39, Florida Statutes, as long as the child's wishes

11  are consistent with the safety and well being of the child.

12  The child's attorney must in all circumstances fulfill the

13  same duties of advocacy, loyalty, confidentiality, and

14  competent representation which are due an adult client. The

15  court must approve any action by the attorney ad litem

16  restricting access to the child by the guardian ad litem or by

17  any other party. The attorney ad litem shall represent the

18  child until the program is discharged by order of the court

19  because permanency has been achieved or the court believes

20  that the attorney ad litem is no longer necessary.

21         (h)  The Office of the State Courts Administrator shall

22  conduct research and gather statistical information to

23  evaluate the establishment, operation, and impact of the pilot

24  program in meeting the legal needs of dependent children. In

25  assessing the effects of the pilot program, including

26  achievement of outcomes identified under paragraph (2)(b), the

27  evaluation must include a comparison of children within the

28  Ninth Judicial Circuit who are appointed an attorney ad litem

29  with those who are not. The office shall submit a report to

30  the Legislature and the Governor by October 1, 2001 and by

31  October 1, 2002, regarding its findings. The office shall


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  1  submit a final report by October 1, 2003, which must include

  2  an evaluation of the pilot program; findings on the

  3  feasibility of a statewide program; and recommendations, if

  4  any, for locating, establishing, and operating a statewide

  5  program.

  6         (3)  STANDARDS.--The Supreme Court is requested, by

  7  October 1, 2000, to adopt rules of juvenile procedure which

  8  include the duties, responsibilities, and conduct of an

  9  attorney ad litem. The Office of the State Courts

10  Administrator, in consultation with the Dependency Court

11  Improvement Committee of the Supreme Court, shall develop

12  implementation guidelines for the attorney ad litem pilot

13  program.

14         (4)  FUNDING.--The sums of $1,040,111 in recurring

15  funds and $48,674 in nonrecurring funds are appropriated from

16  the General Revenue Fund and two full-time-equivalent

17  positions are authorized for Court Operations - Circuit Courts

18  in the State Court System to operate the attorney ad litem

19  pilot program in the Ninth Judicial Circuit and provide

20  adequate guardian ad litem representation that is in the best

21  interests of all children involved in the pilot program. The

22  sum of $696,798 in recurring funds is appropriated from the

23  General Revenue Fund, and 14 full-time equivalent positions

24  are authorized, for the circuit court budget to ensure best

25  interests representation by the Guardian Ad Litem Program as

26  part of the pilot program. The sum of $75,000 in nonrecurring

27  funds is appropriated from the General Revenue Fund to the

28  Supreme Court for the Office of the State Courts Administrator

29  for the purpose of evaluating the pilot program.

30         (5)  The provisions in this section of the act shall

31  take effect October 1, 2000.


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  1         Section 89.  Except as otherwise provided, this act

  2  shall take effect July 1, 2000.

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