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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Health & Human Services Appropriations

12  offered the following:

13

14         Amendment (with title amendment) 

15         On page 2, line 8

16  remove from the bill:  everything after the enacting clause

17

18  and insert in lieu thereof:

19         Section 1.  Section 39.407, Florida Statutes, is

20  amended to read:

21         39.407  Medical, psychiatric, and psychological

22  examination and treatment of child; physical or mental

23  examination of parent or person requesting custody of child.--

24         (1)  When any child is removed from the home and

25  maintained in an out-of-home placement, the department is

26  authorized to have a medical screening performed on the child

27  without authorization from the court and without consent from

28  a parent or legal custodian.  Such medical screening shall be

29  performed by a licensed health care professional and shall be

30  to examine the child for injury, illness, and communicable

31  diseases and to determine the need for immunization.  The

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  department shall by rule establish the invasiveness of the

 2  medical procedures authorized to be performed under this

 3  subsection.  In no case does this subsection authorize the

 4  department to consent to medical treatment for such children.

 5         (2)  When the department has performed the medical

 6  screening authorized by subsection (1), or when it is

 7  otherwise determined by a licensed health care professional

 8  that a child who is in an out-of-home placement, but who has

 9  not been committed to the department, is in need of medical

10  treatment, including the need for immunization, consent for

11  medical treatment shall be obtained in the following manner:

12         (a)1.  Consent to medical treatment shall be obtained

13  from a parent or legal custodian of the child; or

14         2.  A court order for such treatment shall be obtained.

15         (b)  If a parent or legal custodian of the child is

16  unavailable and his or her whereabouts cannot be reasonably

17  ascertained, and it is after normal working hours so that a

18  court order cannot reasonably be obtained, an authorized agent

19  of the department shall have the authority to consent to

20  necessary medical treatment, including immunization, for the

21  child. The authority of the department to consent to medical

22  treatment in this circumstance shall be limited to the time

23  reasonably necessary to obtain court authorization.

24         (c)  If a parent or legal custodian of the child is

25  available but refuses to consent to the necessary treatment,

26  including immunization, a court order shall be required unless

27  the situation meets the definition of an emergency in s.

28  743.064 or the treatment needed is related to suspected abuse,

29  abandonment, or neglect of the child by a parent, caregiver,

30  or legal custodian.  In such case, the department shall have

31  the authority to consent to necessary medical treatment.  This

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  authority is limited to the time reasonably necessary to

 2  obtain court authorization.

 3

 4  In no case shall the department consent to sterilization,

 5  abortion, or termination of life support.

 6         (3)(a)  A judge may order a child in an out-of-home

 7  placement to be examined by a licensed health care

 8  professional.

 9         (b)  The judge may also order such child to be

10  evaluated by a psychiatrist or a psychologist, by a district

11  school board educational needs assessment team, or, if a

12  developmental disability is suspected or alleged, by the

13  developmental disability diagnostic and evaluation team of the

14  department.  If it is necessary to place a child in a

15  residential facility for such evaluation, then the criteria

16  and procedure established in s. 394.463(2) or chapter 393

17  shall be used, whichever is applicable.

18         (c)  The judge may also order such child to be

19  evaluated by a district school board educational needs

20  assessment team. The educational needs assessment provided by

21  the district school board educational needs assessment team

22  shall include, but not be limited to, reports of intelligence

23  and achievement tests, screening for learning disabilities and

24  other handicaps, and screening for the need for alternative

25  education as defined in s. 230.23.

26         (4)  A judge may order a child in an out-of-home

27  placement to be treated by a licensed health care professional

28  based on evidence that the child should receive treatment.

29  The judge may also order such child to receive mental health

30  or developmental disabilities retardation services from a

31  psychiatrist, psychologist, or other appropriate service

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  provider.  Except as provided in subsection (5), if it is

 2  necessary to place the child in a residential facility for

 3  such services, then the procedures and criteria established in

 4  s. 394.467 or chapter 393 shall be used, whichever is

 5  applicable. A child may be provided developmental disabilities

 6  or mental health or retardation services in emergency

 7  situations, pursuant to the procedures and criteria contained

 8  in s. 394.463(1) or chapter 393, whichever is applicable.

 9         (5)  Children who are in the legal custody of the

10  department may be placed by the department in a residential

11  treatment center licensed under s. 394.875 or a hospital

12  licensed under chapter 395 for residential mental health

13  treatment only pursuant to this section or may be placed by

14  the court in accordance with an order of involuntary

15  examination or involuntary placement entered pursuant to s.

16  394.463 or s. 394.467. All children placed in a residential

17  treatment program under this subsection must have a guardian

18  ad litem appointed.

19         (a)  As used in this subsection, the term:

20         1.  "Residential treatment" means placement for

21  observation, diagnosis, or treatment of an emotional

22  disturbance in a residential treatment center licensed under

23  s. 394.875 or a hospital licensed under chapter 395.

24         2.  "Least-restrictive alternative" means the treatment

25  and conditions of treatment that, separately and in

26  combination, are no more intrusive or restrictive of freedom

27  than reasonably necessary to achieve a substantial therapeutic

28  benefit or to protect the child or adolescent or others from

29  physical injury.

30         3.  "Suitable for residential treatment" or

31  "suitability" means a determination concerning a child or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  adolescent with an emotional disturbance as defined in s.

 2  394.492(5) or a serious emotional disturbance as defined in s.

 3  394.492(6) that each of the following criteria is met:

 4         a.  The child requires residential treatment.

 5         b.  The child is in need of a residential treatment

 6  program and is expected to benefit from mental health

 7  treatment.

 8         c.  An appropriate, less restrictive alternative to

 9  residential treatment is unavailable.

10         (b)  Whenever the department believes that a child in

11  its legal custody is emotionally disturbed and may need

12  residential treatment, an examination and suitability

13  assessment must be conducted by a qualified evaluator who is

14  appointed by the Agency for Health Care Administration. This

15  suitability assessment must be completed before the placement

16  of the child in a residential treatment center for emotionally

17  disturbed children and adolescents or a hospital. The

18  qualified evaluator must be a psychiatrist or a psychologist

19  licensed in Florida who has at least 3 years of experience in

20  the diagnosis and treatment of serious emotional disturbances

21  in children and adolescents and who has no actual or perceived

22  conflict of interest with any inpatient facility or

23  residential treatment center or program.

24         (c)  Before a child is admitted under this subsection,

25  the child shall be assessed for suitability for residential

26  treatment by a qualified evaluator who has conducted a

27  personal examination and assessment of the child and has made

28  written findings that:

29         1.  The child appears to have an emotional disturbance

30  serious enough to require residential treatment and is

31  reasonably likely to benefit from the treatment.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1         2.  The child has been provided with a clinically

 2  appropriate explanation of the nature and purpose of the

 3  treatment.

 4         3.  All available modalities of treatment less

 5  restrictive than residential treatment have been considered,

 6  and a less restrictive alternative that would offer comparable

 7  benefits to the child is unavailable.

 8

 9  A copy of the written findings of the evaluation and

10  suitability assessment must be provided to the department and

11  to the guardian ad litem, who shall have the opportunity to

12  discuss the findings with the evaluator.

13         (d)  Immediately upon placing a child in a residential

14  treatment program under this section, the department must

15  notify the guardian ad litem and the court having jurisdiction

16  over the child and must provide the guardian ad litem and the

17  court with a copy of the assessment by the qualified

18  evaluator.

19         (e)1.  Within 10 days after the admission of a child to

20  a residential treatment program, the director of the

21  residential treatment program or the director's designee must

22  ensure that an individualized plan of treatment has been

23  prepared by the program and has been explained to the child,

24  to the department and to the guardian ad litem, and submitted

25  to the department. The child must be involved in the

26  preparation of the plan to the maximum feasible extent

27  consistent with his or her ability to understand and

28  participate, and the guardian ad litem and the child's foster

29  parents must be involved to the maximum extent consistent with

30  the child's treatment needs. The plan must include a

31  preliminary plan for residential treatment and aftercare upon

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  completion of residential treatment. The plan must include

 2  specific behavioral and emotional goals against which the

 3  success of the residential treatment may be measured. A copy

 4  of the plan must be provided to the child, to the guardian ad

 5  litem, and to the department.

 6         (f)  Within 30 days after admission, the residential

 7  treatment program must review the appropriateness and

 8  suitability of the child's placement in the program. The

 9  residential treatment program must determine whether the child

10  is receiving benefit towards the treatment goals and whether

11  the child could be treated in a less restrictive treatment

12  program. The residential treatment program shall prepare a

13  written report of its findings and submit the report to the

14  guardian ad litem and to the department. The department must

15  submit the report to the court. The report must include a

16  discharge plan for the child. The residential treatment

17  program must continue to evaluate the child's treatment

18  progress every 30 days thereafter and must include its

19  findings in a written report submitted to the department. The

20  department may not reimburse a facility until the facility has

21  submitted every written report that is due.

22         (g)1.  The department must submit, at the beginning of

23  each month, to the court having jurisdiction over the child a

24  written report regarding the child's progress towards

25  achieving the goals specified in the individualized plan of

26  treatment.

27         2.  The court must conduct a hearing to review the

28  status of the child's residential treatment plan no later than

29  3 months after the child's admission to the residential

30  treatment program. An independent review of the child's

31  progress towards achieving the goals and objectives of the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  treatment plan must be completed by a qualified evaluator and

 2  submitted to the court before its 3-month review.

 3         3.  For any child in residential treatment at the time

 4  a judicial review is held pursuant to s. 39.701, the child's

 5  continued placement in residential treatment must be a subject

 6  of the judicial review.

 7         4.  If at any time the court determines that the child

 8  is not suitable for continued residential treatment, the court

 9  shall order the department to place the child in the least

10  restrictive setting that is best suited to meet his or her

11  needs.

12         (h)  After the initial 3-month review, the court must

13  conduct a review of the child's residential treatment plan

14  every 90 days.

15         (i)  The department must adopt rules for implementing

16  timeframes for the completion of suitability assessments by

17  qualified evaluators and a procedure that includes timeframes

18  for completing the 3-month independent review by the qualified

19  evaluators of the child's progress towards achieving the goals

20  and objectives of the treatment plan which review must be

21  submitted to the court. The Agency for Health Care

22  Administration must adopt rules for the registration of

23  qualified evaluators, the procedure for selecting the

24  evaluators to conduct the reviews required under this section,

25  and a reasonable, cost-efficient fee schedule for qualified

26  evaluators.

27         (6)(5)  When a child is in an out-of-home placement, a

28  licensed health care professional shall be immediately called

29  if there are indications of physical injury or illness, or the

30  child shall be taken to the nearest available hospital for

31  emergency care.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1         (7)(6)  Except as otherwise provided herein, nothing in

 2  this section shall be deemed to eliminate the right of a

 3  parent, legal custodian, or the child to consent to

 4  examination or treatment for the child.

 5         (8)(7)  Except as otherwise provided herein, nothing in

 6  this section shall be deemed to alter the provisions of s.

 7  743.064.

 8         (9)(8)  A court shall not be precluded from ordering

 9  services or treatment to be provided to the child by a duly

10  accredited practitioner who relies solely on spiritual means

11  for healing in accordance with the tenets and practices of a

12  church or religious organization, when required by the child's

13  health and when requested by the child.

14         (10)(9)  Nothing in this section shall be construed to

15  authorize the permanent sterilization of the child unless such

16  sterilization is the result of or incidental to medically

17  necessary treatment to protect or preserve the life of the

18  child.

19         (11)(10)  For the purpose of obtaining an evaluation or

20  examination, or receiving treatment as authorized pursuant to

21  this section, no child alleged to be or found to be dependent

22  shall be placed in a detention home or other program used

23  primarily for the care and custody of children alleged or

24  found to have committed delinquent acts.

25         (12)(11)  The parents or legal custodian of a child in

26  an out-of-home placement remain financially responsible for

27  the cost of medical treatment provided to the child even if

28  either one or both of the parents or if the legal custodian

29  did not consent to the medical treatment. After a hearing, the

30  court may order the parents or legal custodian, if found able

31  to do so, to reimburse the department or other provider of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  medical services for treatment provided.

 2         (13)(12)  Nothing in this section alters the authority

 3  of the department to consent to medical treatment for a

 4  dependent child when the child has been committed to the

 5  department and the department has become the legal custodian

 6  of the child.

 7         (14)(13)  At any time after the filing of a shelter

 8  petition or petition for dependency, when the mental or

 9  physical condition, including the blood group, of a parent,

10  caregiver, legal custodian, or other person requesting custody

11  of a child is in controversy, the court may order the person

12  to submit to a physical or mental examination by a qualified

13  professional.  The order may be made only upon good cause

14  shown and pursuant to notice and procedures as set forth by

15  the Florida Rules of Juvenile Procedure.

16         Section 2.  Section 394.4785, Florida Statutes, is

17  amended to read:

18         394.4785  Children and adolescents Minors; admission

19  and placement in mental facilities.--

20         (1)  A child or adolescent as defined in s. 394.492 may

21  not be admitted to a state-owned or state-operated mental

22  health treatment facility. A child may be admitted pursuant to

23  s. 394.4625 or s. 394.467 to a crisis stabilization unit or a

24  residential treatment center licensed under chapter 394 or a

25  hospital licensed under chapter 395. The treatment center,

26  unit, or hospital must provide the least-restrictive available

27  treatment that is appropriate to the individual needs of the

28  child or adolescent and must adhere to the guiding principles,

29  system of care, and service planning provisions contained in

30  part III of chapter 394. (a)  A minor who is admitted to a

31  state mental hospital and placed in the general population or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  in a specialized unit for children or adolescents shall reside

 2  in living quarters separate from adult patients, and a minor

 3  who has not attained the age of 14 shall reside in living

 4  quarters separate from minors who are 14 years of age or

 5  older.

 6         (2)(b)  A person minor under the age of 14 who is

 7  admitted to any hospital licensed pursuant to chapter 395 may

 8  shall not be admitted to a bed in a room or ward with an adult

 9  patient in a mental health unit or share common areas with an

10  adult patient in a mental health unit.  However, a person

11  minor 14 years of age or older may be admitted to a bed in a

12  room or ward in the mental health unit with an adult if the

13  admitting physician documents in the case record that such

14  placement is medically indicated or for reasons of safety.

15  Such placement shall be reviewed by the attending physician or

16  a designee or on-call physician each day and documented in the

17  case record.

18         (2)  In all cases involving the admission of minors to

19  a state mental hospital, the case record shall document that a

20  good faith effort was made to place the minor in a less

21  restrictive form of treatment.  Admission to a state mental

22  hospital shall be regarded as the last and only treatment

23  option available. Notwithstanding the provision of paragraph

24  (1)(a), an individual under the age of 18 may be housed in the

25  general population if the hospital multidisciplinary treatment

26  and rehabilitation team has reviewed the patient and has

27  documented in the case record that such placement is necessary

28  for reasons of safety.  Such patients placed in the general

29  population must be reviewed by this team every 30 days and

30  recertified as appropriate for placement in the general

31  population.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1         Section 3.  Present subsections (18), (19), and (20) of

 2  section 394.67, Florida Statutes, are redesignated as

 3  subsections (19), (20), and (21), respectively, and a new

 4  subsection (18) is added to that section to read:

 5         394.67  Definitions.--As used in this part, the term:

 6         (18)  "Residential treatment center for children and

 7  adolescents" means a 24-hour residential program, including a

 8  therapeutic group home, which provides mental health services

 9  to emotionally disturbed children or adolescents as defined in

10  s. 394.492(5) or (6) and which is a private for-profit or

11  not-for-profit corporation under contract with the department

12  which offers a variety of treatment modalities in a more

13  restrictive setting.

14         Section 4.  Section 394.875, Florida Statutes, is

15  amended to read:

16         394.875  Crisis stabilization units, and residential

17  treatment facilities, and residential treatment centers for

18  children and adolescents; authorized services; license

19  required; penalties.--

20         (1)(a)  The purpose of a crisis stabilization unit is

21  to stabilize and redirect a client to the most appropriate and

22  least restrictive community setting available, consistent with

23  the client's needs.  Crisis stabilization units may screen,

24  assess, and admit for stabilization persons who present

25  themselves to the unit and persons who are brought to the unit

26  under s. 394.463.  Clients may be provided 24-hour

27  observation, medication prescribed by a physician or

28  psychiatrist, and other appropriate services.  Crisis

29  stabilization units shall provide services regardless of the

30  client's ability to pay and shall be limited in size to a

31  maximum of 30 beds.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1         (b)  The purpose of a residential treatment facility is

 2  to be a part of a comprehensive treatment program for mentally

 3  ill individuals in a community-based residential setting.

 4         (c)  The purpose of a residential treatment center for

 5  children and adolescents is to provide mental health

 6  assessment and treatment services pursuant to ss. 394.491,

 7  394.495, and 394.496 to children and adolescents who meet the

 8  target population criteria specified in s. 394.493(1)(a), (b),

 9  or (c).

10         (2)  It is unlawful for any entity to hold itself out

11  as a crisis stabilization unit, or a residential treatment

12  facility, or a residential treatment center for children and

13  adolescents, or to act as a crisis stabilization unit, or a

14  residential treatment facility, or a residential treatment

15  center for children and adolescents, unless it is licensed by

16  the agency pursuant to this chapter.

17         (3)  Any person who violates subsection (2) is guilty

18  of a misdemeanor of the first degree, punishable as provided

19  in s. 775.082 or s. 775.083.

20         (4)  The agency may maintain an action in circuit court

21  to enjoin the unlawful operation of a crisis stabilization

22  unit, or a residential treatment facility, or a residential

23  treatment center for children and adolescents if the agency

24  first gives the violator 14 days' notice of its intention to

25  maintain such action and if the violator fails to apply for

26  licensure within such 14-day period.

27         (5)  Subsection (2) does not apply to:

28         (a)  Homes for special services licensed under chapter

29  400; or

30         (b)  Nursing homes licensed under chapter 400.; or

31         (c)  Comprehensive transitional education programs

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  Residential child caring facilities licensed under s. 393.067

 2  s. 409.175.

 3         (6)  The department, in consultation with the agency,

 4  may establish multiple license classifications for residential

 5  treatment facilities.

 6         (7)  The agency may not issue a license to a crisis

 7  stabilization unit unless the unit receives state mental

 8  health funds and is affiliated with a designated public

 9  receiving facility.

10         (8)  The agency may issue a license for a crisis

11  stabilization unit or short-term residential treatment

12  facility, certifying the number of authorized beds for such

13  facility as indicated by existing need and available

14  appropriations.  The agency may disapprove an application for

15  such a license if it determines that a facility should not be

16  licensed pursuant to the provisions of this chapter.  Any

17  facility operating beds in excess of those authorized by the

18  agency shall, upon demand of the agency, reduce the number of

19  beds to the authorized number, forfeit its license, or provide

20  evidence of a license issued pursuant to chapter 395 for the

21  excess beds.

22         (9)  A children's crisis stabilization unit which does

23  not exceed 20 licensed beds and which provides separate

24  facilities or a distinct part of a facility, separate

25  staffing, and treatment exclusively for minors may be located

26  on the same premises as a crisis stabilization unit serving

27  adults. The department, in consultation with the agency, shall

28  adopt rules governing facility construction, staffing and

29  licensure requirements, and the operation of such units for

30  minors.

31         (10)  The department, in consultation with the agency,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  must adopt rules governing a residential treatment center for

 2  children and adolescents which specify licensure standards

 3  for:  admission; length of stay; program and staffing;

 4  discharge and discharge planning; treatment planning;

 5  seclusion, restraints, and time-out; rights of patients under

 6  s. 394.459; use of psychotropic medications; and standards for

 7  the operation of such centers.

 8         (11)(10)  Notwithstanding the provisions of subsection

 9  (8), crisis stabilization units may not exceed their licensed

10  capacity by more than 10 percent, nor may they exceed their

11  licensed capacity for more than 3 consecutive working days or

12  for more than 7 days in 1 month.

13         (12)(11)  Notwithstanding the other provisions of this

14  section, any facility licensed under chapters 396 and 397 for

15  detoxification, residential level I care, and outpatient

16  treatment may elect to license concurrently all of the beds at

17  such facility both for that purpose and as a long-term

18  residential treatment facility pursuant to this section, if

19  all of the following conditions are met:

20         (a)  The licensure application is received by the

21  department prior to January 1, 1993.

22         (b)  On January 1, 1993, the facility was licensed

23  under chapters 396 and 397 as a facility for detoxification,

24  residential level I care, and outpatient treatment of

25  substance abuse.

26         (c)  The facility restricted its practice to the

27  treatment of law enforcement personnel for a period of at

28  least 12 months beginning after January 1, 1992.

29         (d)  The number of beds to be licensed under chapter

30  394 is equal to or less than the number of beds licensed under

31  chapters 396 and 397 as of January 1, 1993.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1         (e)  The licensee agrees in writing to a condition

 2  placed upon the license that the facility will limit its

 3  treatment exclusively to law enforcement personnel and their

 4  immediate families who are seeking admission on a voluntary

 5  basis and who are exhibiting symptoms of posttraumatic stress

 6  disorder or other mental health problems, including drug or

 7  alcohol abuse, which are directly related to law enforcement

 8  work and which are amenable to verbal treatment therapies; the

 9  licensee agrees to coordinate the provision of appropriate

10  postresidential care for discharged individuals; and the

11  licensee further agrees in writing that a failure to meet any

12  condition specified in this paragraph shall constitute grounds

13  for a revocation of the facility's license as a residential

14  treatment facility.

15         (f)  The licensee agrees that the facility will meet

16  all licensure requirements for a residential treatment

17  facility, including minimum standards for compliance with

18  lifesafety requirements, except those licensure requirements

19  which are in express conflict with the conditions and other

20  provisions specified in this subsection.

21         (g)  The licensee agrees that the conditions stated in

22  this subsection must be agreed to in writing by any person

23  acquiring the facility by any means.

24

25  Any facility licensed under this subsection is not required to

26  provide any services to any persons except those included in

27  the specified conditions of licensure, and is exempt from any

28  requirements related to the 60-day or greater average length

29  of stay imposed on community-based residential treatment

30  facilities otherwise licensed under this chapter.

31         (13)(12)  Each applicant for licensure must comply with

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  the following requirements:

 2         (a)  Upon receipt of a completed, signed, and dated

 3  application, the agency shall require background screening, in

 4  accordance with the level 2 standards for screening set forth

 5  in chapter 435,  of the managing employee and financial

 6  officer, or other similarly titled individual who is

 7  responsible for the financial operation of the facility,

 8  including billings for client care and services. The applicant

 9  must comply with the procedures for level 2 background

10  screening as set forth in chapter 435, as well as the

11  requirements of s. 435.03(3).

12         (b)  The agency may require background screening of any

13  other individual who is an applicant if the agency has

14  probable cause to believe that he or she has been convicted of

15  a crime or has committed any other offense prohibited under

16  the level 2 standards for screening set forth in chapter 435.

17         (c)  Proof of compliance with the level 2 background

18  screening requirements of chapter 435 which has been submitted

19  within the previous 5 years in compliance with any other

20  health care licensure requirements of this state is acceptable

21  in fulfillment of the requirements of paragraph (a).

22         (d)  A provisional license may be granted to an

23  applicant when each individual required by this section to

24  undergo background screening has met the standards for the

25  abuse registry background check and the Department of Law

26  Enforcement background check, but the agency has not yet

27  received background screening results from the Federal Bureau

28  of Investigation, or a request for a disqualification

29  exemption has been submitted to the agency as set forth in

30  chapter 435, but a response has not yet been issued. A

31  standard license may be granted to the applicant upon the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  agency's receipt of a report of the results of the Federal

 2  Bureau of Investigation background screening for each

 3  individual required by this section to undergo background

 4  screening which confirms that all standards have been met, or

 5  upon the granting of a disqualification exemption by the

 6  agency as set forth in chapter 435. Any other person who is

 7  required to undergo level 2 background screening may serve in

 8  his or her capacity pending the agency's receipt of the report

 9  from the Federal Bureau of Investigation. However, the person

10  may not continue to serve if the report indicates any

11  violation of background screening standards and a

12  disqualification exemption has not been requested of and

13  granted by the agency as set forth in chapter 435.

14         (e)  Each applicant must submit to the agency, with its

15  application, a description and explanation of any exclusions,

16  permanent suspensions, or terminations of the applicant from

17  the Medicare or Medicaid programs. Proof of compliance with

18  the requirements for disclosure of ownership and control

19  interests under the Medicaid or Medicare programs shall be

20  accepted in lieu of this submission.

21         (f)  Each applicant must submit to the agency a

22  description and explanation of any conviction of an offense

23  prohibited under the level 2 standards of chapter 435 by a

24  member of the board of directors of the applicant, its

25  officers, or any individual owning 5 percent or more of the

26  applicant. This requirement does not apply to a director of a

27  not-for-profit corporation or organization if the director

28  serves solely in a voluntary capacity for the corporation or

29  organization, does not regularly take part in the day-to-day

30  operational decisions of the corporation or organization,

31  receives no remuneration for his or her services on the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  corporation or organization's board of directors, and has no

 2  financial interest and has no family members with a financial

 3  interest in the corporation or organization, provided that the

 4  director and the not-for-profit corporation or organization

 5  include in the application a statement affirming that the

 6  director's relationship to the corporation satisfies the

 7  requirements of this paragraph.

 8         (g)  A license may not be granted to an applicant if

 9  the applicant or managing employee has been found guilty of,

10  regardless of adjudication, or has entered a plea of nolo

11  contendere or guilty to, any offense prohibited under the

12  level 2 standards for screening set forth in chapter 435,

13  unless an exemption from disqualification has been granted by

14  the agency as set forth in chapter 435.

15         (h)  The agency may deny or revoke licensure if the

16  applicant:

17         1.  Has falsely represented a material fact in the

18  application required by paragraph (e) or paragraph (f), or has

19  omitted any material fact from the application required by

20  paragraph (e) or paragraph (f); or

21         2.  Has had prior action taken against the applicant

22  under the Medicaid or Medicare program as set forth in

23  paragraph (e).

24         (i)  An application for license renewal must contain

25  the information required under paragraphs (e) and (f).

26         Section 5.  Paragraph (j) of subsection (2) of section

27  409.175, Florida Statutes, is amended to read:

28         409.175  Licensure of family foster homes, residential

29  child-caring agencies, and child-placing agencies.--

30         (2)  As used in this section, the term:

31         (j)  "Residential child-caring agency" means any

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1  person, corporation, or agency, public or private, other than

 2  the child's parent or legal guardian, that provides staffed

 3  24-hour care for children in facilities maintained for that

 4  purpose, regardless of whether operated for profit or whether

 5  a fee is charged.  Such residential child-caring agencies

 6  include, but are not limited to, maternity homes, runaway

 7  shelters, group homes that are administered by an agency,

 8  emergency shelters that are not in private residences, and

 9  wilderness camps.  Residential child-caring agencies do not

10  include hospitals, boarding schools, summer or recreation

11  camps, nursing homes, or facilities operated by a governmental

12  agency for the training, treatment, or secure care of

13  delinquent youth, or facilities licensed under s. 393.067 or

14  s. 394.875 or chapter 397.

15         Section 6.  Nothing in this act excuses or relieves the

16  department of any other obligations to abused, neglected or

17  abandoned children in its custody.

18         Section 7.  This act shall take effect October 1, 2000.

19

20

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

22  And the title is amended as follows:

23         On page 1, line 1, through page 2, line 5

24  remove from the title of the bill:  all said lines

25

26  and insert in lieu thereof:

27         An act relating to mental health services for

28         children and adolescents; amending s. 39.407,

29         F.S.; revising provisions governing the

30         medical, psychiatric, and psychological

31         examination and treatment of children;

                                  20

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2347

    Amendment No. 01a (for drafter's use only)





 1         prescribing procedures for the admission of

 2         children or adolescents to residential

 3         treatment centers for residential mental health

 4         treatment; amending s. 394.4785, F.S.;

 5         prohibiting children and adolescents from

 6         admission to state mental health treatment

 7         facilities; requiring residential treatment

 8         centers for children and adolescents to adhere

 9         to certain standards; amending s. 394.67, F.S.;

10         defining the term "residential treatment center

11         for children and adolescents"; amending s.

12         394.875, F.S.; requiring the licensure of

13         residential treatment centers for children and

14         adolescents; requiring the Department of

15         Children and Family Services to adopt rules;

16         amending s. 409.175, F.S.; specifying that

17         residential child-caring agencies do not

18         include residential treatment centers for

19         children and adolescents; providing an

20         effective date.

21

22

23

24

25

26

27

28

29

30

31

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