House Bill 2347

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    Florida House of Representatives - 2000                HB 2347

        By the Committee on Children & Families and Representative
    Murman





  1                      A bill to be entitled

  2         An act relating to mental health services for

  3         children and adolescents; amending s. 39.407,

  4         F.S.; revising provisions governing the

  5         medical, psychiatric, and psychological

  6         examination and treatment of children;

  7         prescribing procedures for the admission of

  8         children or adolescents to a residential

  9         treatment center for children and adolescents

10         or to a hospital, for residential mental health

11         treatment; providing requirements for

12         assessment, treatment, and review of treatment;

13         amending s. 394.4785, F.S.; prohibiting

14         children and adolescents from admission to

15         state mental health treatment facilities;

16         requiring residential treatment centers for

17         children and adolescents to adhere to certain

18         standards; revising certain exclusions from

19         licensure; amending s. 394.495, F.S.; revising

20         requirements for child and adolescent mental

21         health assessment services; amending s. 394.67,

22         F.S.; defining the term "residential treatment

23         center for children and adolescents"; amending

24         s. 394.875, F.S.; requiring the licensure of

25         residential treatment centers for children and

26         adolescents; requiring the Department of

27         Children and Family Services and the Agency for

28         Health Care Administration to adopt certain

29         rules; amending s. 409.175, F.S.; specifying

30         that residential child-caring agencies do not

31         include residential treatment centers for

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  1         children and adolescents; amending s. 27.51,

  2         F.S.; requiring the appointment of a public

  3         defender for a child under the custody of the

  4         department, in certain circumstances; providing

  5         an effective date.

  6

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

  8

  9         Section 1.  Subsections (3) and (4) of section 39.407,

10  Florida Statutes, are amended, subsections (5) through (13)

11  are renumbered as subsections (6) through (14), respectively,

12  and a new subsection (5) is added to said section, to read:

13         39.407  Medical, psychiatric, and psychological

14  examination and treatment of child; physical or mental

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

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

17  placement to be examined by a licensed health care

18  professional.

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

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

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

22  developmental disability is suspected or alleged, by the

23  developmental disability diagnostic and evaluation team of the

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

25  residential facility for such evaluation, then the criteria

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

27  shall be used, whichever is applicable.

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

29  evaluated by a district school board educational needs

30  assessment team. The educational needs assessment provided by

31  the district school board educational needs assessment team

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

  2  and achievement tests, screening for learning disabilities and

  3  other handicaps, and screening for the need for alternative

  4  education as defined in s. 230.23.

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

  6  placement to be treated by a licensed health care professional

  7  based on evidence that the child should receive treatment.

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

  9  or developmental disabilities retardation services from a

10  psychiatrist, psychologist, or other appropriate service

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

12  necessary to place the child in a residential facility for

13  such services, then the procedures and criteria established in

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

15  applicable. A child may be provided developmental disabilities

16  or mental health or retardation services in emergency

17  situations, pursuant to the procedures and criteria contained

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

19         (5)  Children who are under the temporary legal custody

20  of the department may be placed by the department in a

21  residential treatment center for children and adolescents

22  licensed under s. 394.875 or a hospital licensed under chapter

23  395 for residential mental health treatment only, pursuant to

24  this section, or may be placed by the court in accordance with

25  an order of involuntary examination or involuntary placement

26  entered pursuant to s. 394.463 or s. 394.467. All children

27  placed in a residential treatment program under this

28  subsection must have an attorney appointed pursuant to s.

29  27.51(1)(e).

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

31

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  1         1.  "Residential treatment" means placement for

  2  observation, diagnosis, or treatment of an emotional

  3  disturbance in a residential treatment center for children and

  4  adolescents licensed under s. 394.875 or a hospital licensed

  5  under chapter 395.

  6         2.  "Least restrictive alternative" means the treatment

  7  and conditions of treatment that, separately and in

  8  combination, are no more intrusive or restrictive of freedom

  9  than reasonably necessary to achieve a substantial therapeutic

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

11  physical injury.

12         3.  "Suitable for residential treatment" or

13  "suitability" means a determination concerning a child or

14  adolescent with an emotional disturbance, as defined in s.

15  394.492(5) or (6), that each of the following criteria is met:

16         a.  The child requires residential treatment.

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

18  program and is expected to benefit from mental health

19  treatment.

20         c.  An appropriate, less restrictive alternative to

21  residential treatment is unavailable.

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

23  out-of-home placement is emotionally disturbed and may need

24  residential treatment, an examination and suitability

25  assessment must be conducted by a qualified evaluator pursuant

26  to s. 394.875(10). This suitability assessment must be

27  completed before the placement of the child in a residential

28  treatment center for emotionally disturbed children and

29  adolescents or in a hospital. The qualified evaluator must be

30  a psychiatrist or a psychologist licensed in the state who has

31  at least 3 years of experience in the diagnosis and treatment

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  1  of serious emotional disturbances in children and adolescents

  2  and who has no actual or perceived conflict of interest with

  3  any inpatient facility or residential treatment center or

  4  program.

  5         (c)  Before a child is admitted to a residential

  6  treatment program under this subsection, the child shall be

  7  assessed for suitability for residential treatment by a

  8  qualified evaluator who has conducted a personal examination

  9  and assessment of the child and has made written findings

10  that:

11         1.  The child appears to have an emotional disturbance

12  serious enough to require residential treatment and is

13  reasonably likely to benefit from the treatment.

14         2.  The child has been provided with a clinically

15  appropriate explanation of the nature and purpose of the

16  treatment.

17         3.  All available modalities of treatment less

18  restrictive than residential treatment have been considered,

19  and a less restrictive alternative that would offer comparable

20  benefits to the child is unavailable.

21         (d)1.  If the evaluation and suitability assessment

22  recommends placement in a residential treatment program, the

23  department shall notify the court, which shall appoint an

24  attorney for the child pursuant to s. 27.51(1)(e). A copy of

25  the written findings of the evaluation and suitability

26  assessment must be provided to the attorney, who shall have

27  the opportunity to discuss the findings with the evaluator.

28         2.  The attorney for the child may petition the court

29  to hold a fact-finding hearing at which all parties may

30  provide evidence on the suitability of the recommended

31  placement; whether all available, less restrictive, modalities

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  1  of treatment have been considered; and whether a less

  2  restrictive alternative that would offer comparable benefits

  3  to the child is available. The court shall make written

  4  findings of fact with regard to each of these factors.

  5         (e)  Immediately upon placing a child in a residential

  6  treatment program under this section, the department must

  7  notify the attorney for the child and the court having

  8  jurisdiction over the child.

  9         (f)  Within 10 days after the admission of a child to a

10  residential treatment program, the director of the residential

11  treatment program or the director's designee must ensure that

12  an individualized plan of treatment has been prepared by the

13  program and has been explained to the child, to the

14  department, and to the child's attorney, and has been

15  submitted to the department. The child must be involved in the

16  preparation of the plan to the maximum feasible extent

17  consistent with his or her ability to understand and

18  participate, and the attorney and the child's foster parents

19  must be involved to the maximum extent consistent with the

20  child's treatment needs. The plan must include specific

21  behavioral and emotional goals against which the success of

22  the residential treatment may be measured. A copy of the plan

23  must be provided to the child, to the attorney, and to the

24  department.

25         (g)1.  Within 30 days after admission, the residential

26  treatment program must review the appropriateness and

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

28  residential treatment program must determine whether the child

29  is receiving benefit towards the treatment goals and whether

30  the child could be treated in a less restrictive treatment

31  program. The residential treatment program shall prepare a

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

  2  child's attorney and to the department. The department must

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

  4  discharge plan for the child.

  5         2.  The residential treatment program must continue to

  6  evaluate the child's treatment progress every 30 days

  7  thereafter and must include its findings in a written report

  8  submitted to the department.

  9         3.  The department may not reimburse a facility until

10  the facility has submitted every written report that is due.

11         (h)1.  The department must submit, at the beginning of

12  each month, to the court having jurisdiction over the child

13  and to the child's attorney, a written report regarding the

14  child's progress towards achieving the goals specified in the

15  individualized plan of treatment.

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

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

18  3 months after the child's admission to the residential

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

20  progress towards achieving the goals and objectives of the

21  treatment plan must be completed by a qualified evaluator and

22  submitted to the court before its 3-month review. Notice of

23  the hearing shall be provided to the child's attorney.

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

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

26  continued placement in residential treatment must be a subject

27  of the judicial review.

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

29  is not suitable for continued residential treatment, the court

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

31

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

  2  needs.

  3         (i)  The court must conduct a review of the child's

  4  residential treatment plan no later than 3 months after the

  5  initial 3-month review.

  6         Section 2.  Section 394.4785, Florida Statutes, is

  7  amended to read:

  8         394.4785  Children and adolescents Minors; admission

  9  and placement in mental facilities.--

10         (1)  A child or adolescent, as defined in s. 394.492,

11  may not be admitted to a state-owned or state-operated mental

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

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

14  residential treatment center for children and adolescents

15  licensed under s. 394.875 or a hospital licensed under chapter

16  395. The treatment center, unit, or hospital must provide the

17  least restrictive available treatment that is appropriate to

18  the individual needs of the child or adolescent and must

19  adhere to the guiding principles, system of care, and service

20  planning provisions contained in part III of this chapter.

21         (a)  A minor who is admitted to a state mental hospital

22  and placed in the general population or in a specialized unit

23  for children or adolescents shall reside in living quarters

24  separate from adult patients, and a minor who has not attained

25  the age of 14 shall reside in living quarters separate from

26  minors who are 14 years of age or older.

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

28  admitted to any hospital licensed pursuant to chapter 395 may

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

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

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

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

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

  3  admitting physician documents in the case record that such

  4  placement is medically indicated or for reasons of safety.

  5  Such placement shall be reviewed by the attending physician or

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

  7  case record.

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

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

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

11  restrictive form of treatment.  Admission to a state mental

12  hospital shall be regarded as the last and only treatment

13  option available. Notwithstanding the provision of paragraph

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

15  general population if the hospital multidisciplinary treatment

16  and rehabilitation team has reviewed the patient and has

17  documented in the case record that such placement is necessary

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

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

20  recertified as appropriate for placement in the general

21  population.

22         Section 3.  Subsection (2) of section 394.495, Florida

23  Statutes, is amended to read:

24         394.495  Child and adolescent mental health system of

25  care; programs and services.--

26         (2)  The array of services must include assessment

27  services that provide a professional interpretation of the

28  nature of the problems of the child or adolescent and his or

29  her family; family issues that may impact the problems;

30  additional factors that contribute to the problems; and the

31  assets, strengths, and resources of the child or adolescent

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  1  and his or her family. The assessment services to be provided

  2  shall be determined by the clinical needs of each child or

  3  adolescent. Assessment services include, but are not limited

  4  to, evaluation and screening in the following areas:

  5         (a)  Physical and mental health for purposes of

  6  identifying medical and psychiatric problems.

  7         (b)  Psychological functioning, as determined through a

  8  battery of psychological tests, including the assessment of

  9  intelligence.

10         (c)  Intelligence and Academic achievement.

11         (d)  Social and behavioral functioning.

12         (e)  Family functioning.

13

14  The assessment for academic achievement is the financial

15  responsibility of the school district. The department shall

16  cooperate with other state agencies and the school district to

17  avoid duplicating assessment services. With the written

18  consent of a parent or guardian, the department shall consider

19  information provided in psychological and educational

20  assessments performed by school district personnel, including

21  school psychologists certified by the Department of Education

22  under rule 6A-4.0311, Florida Administrative Code.

23         Section 4.  Present subsections (18), (19), and (20) of

24  section 394.67, Florida Statutes, are renumbered as

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

26  subsection (18) is added to said section to read:

27         394.67  Definitions.--As used in this part, the term:

28         (18)  "Residential treatment center for children and

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

30  therapeutic group home, which provides mental health services

31  to emotionally disturbed children or adolescents as defined in

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

  2  not-for-profit corporation which offers a variety of treatment

  3  modalities in a restrictive setting.

  4         Section 5.  Section 394.875, Florida Statutes, is

  5  amended to read:

  6         394.875  Crisis stabilization units, and residential

  7  treatment facilities, and residential treatment centers for

  8  children and adolescents; authorized services; license

  9  required; penalties.--

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

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

12  least restrictive community setting available, consistent with

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

14  assess, and admit for stabilization persons who present

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

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

17  observation, medication prescribed by a physician or

18  psychiatrist, and other appropriate services.  Crisis

19  stabilization units shall provide services regardless of the

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

21  maximum of 30 beds.

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

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

24  ill individuals in a community-based residential setting.

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

26  children and adolescents is to provide mental health

27  assessment and treatment services pursuant to ss. 394.491,

28  394.494, 394.495, and 394.496 to children and adolescents who

29  meet the target population criteria specified in s.

30  394.493(1)(a), (b), or (c).

31

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

  2  as a crisis stabilization unit, or a residential treatment

  3  facility, or a residential treatment center for children and

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

  5  residential treatment facility, or a residential treatment

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

  7  the agency pursuant to this chapter.

  8         (3)  Any person who violates subsection (2) commits is

  9  guilty of a misdemeanor of the first degree, punishable as

10  provided in s. 775.082 or s. 775.083.

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

12  to enjoin the unlawful operation of a crisis stabilization

13  unit, or a residential treatment facility, or a residential

14  treatment center for children and adolescents if the agency

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

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

17  licensure within such 14-day period.

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

19         (a)  Homes for special services licensed under chapter

20  400;

21         (b)  Nursing homes licensed under chapter 400; or

22         (c)  Comprehensive transitional education programs

23  Residential child caring facilities licensed under s. 393.067

24  409.175.

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

26  may establish multiple license classifications for residential

27  treatment facilities.

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

29  stabilization unit unless the unit receives state mental

30  health funds and is affiliated with a designated public

31  receiving facility.

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

  2  stabilization unit or short-term residential treatment

  3  facility, certifying the number of authorized beds for such

  4  facility as indicated by existing need and available

  5  appropriations.  The agency may disapprove an application for

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

  7  licensed pursuant to the provisions of this chapter.  Any

  8  facility operating beds in excess of those authorized by the

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

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

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

12  excess beds.

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

14  not exceed 20 licensed beds and which provides separate

15  facilities or a distinct part of a facility, separate

16  staffing, and treatment exclusively for minors may be located

17  on the same premises as a crisis stabilization unit serving

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

19  adopt rules governing facility construction, staffing and

20  licensure requirements, and the operation of such units for

21  minors.

22         (10)(a)  The department, in consultation with the

23  agency, shall adopt rules governing a residential treatment

24  center for children and adolescents which specify licensure

25  standards for:  admission; length of stay; program and

26  staffing; discharge and discharge planning; treatment

27  planning; seclusion, restraints, and time-out; rights of

28  patients under s. 394.459; use of psychotropic medications;

29  and standards for the operation of such centers.

30         (b)  The department shall adopt rules for implementing

31  timeframes for the completion of suitability assessments by

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  1  qualified evaluators and a procedure that includes timeframes

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

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

  4  and objectives of the treatment plan, which review must be

  5  submitted to the court and the child's attorney.

  6         (c)  The agency shall adopt rules for the registration

  7  of qualified evaluators, the procedure for selecting the

  8  evaluators to conduct the reviews required under this

  9  subsection, and a reasonable, cost-effective fee schedule for

10  qualified evaluators.

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

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

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

14  licensed capacity for more than 3 consecutive working days or

15  for more than 7 days in 1 month.

16         (12)(11)  Notwithstanding the other provisions of this

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

18  detoxification, residential level I care, and outpatient

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

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

21  residential treatment facility pursuant to this section, if

22  all of the following conditions are met:

23         (a)  The licensure application is received by the

24  department prior to January 1, 1993.

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

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

27  residential level I care, and outpatient treatment of

28  substance abuse.

29         (c)  The facility restricted its practice to the

30  treatment of law enforcement personnel for a period of at

31  least 12 months beginning after January 1, 1992.

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

  2  394 is equal to or less than the number of beds licensed under

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

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

  5  placed upon the license that the facility will limit its

  6  treatment exclusively to law enforcement personnel and their

  7  immediate families who are seeking admission on a voluntary

  8  basis and who are exhibiting symptoms of posttraumatic stress

  9  disorder or other mental health problems, including drug or

10  alcohol abuse, which are directly related to law enforcement

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

12  licensee agrees to coordinate the provision of appropriate

13  postresidential care for discharged individuals; and the

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

15  condition specified in this paragraph shall constitute grounds

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

17  treatment facility.

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

19  all licensure requirements for a residential treatment

20  facility, including minimum standards for compliance with

21  lifesafety requirements, except those licensure requirements

22  which are in express conflict with the conditions and other

23  provisions specified in this subsection.

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

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

26  acquiring the facility by any means.

27

28  Any facility licensed under this subsection is not required to

29  provide any services to any persons except those included in

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

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

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  1  of stay imposed on community-based residential treatment

  2  facilities otherwise licensed under this chapter.

  3         (13)(12)  Each applicant for licensure must comply with

  4  the following requirements:

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

  6  application, the agency shall require background screening, in

  7  accordance with the level 2 standards for screening set forth

  8  in chapter 435,  of the managing employee and financial

  9  officer, or other similarly titled individual who is

10  responsible for the financial operation of the facility,

11  including billings for client care and services. The applicant

12  must comply with the procedures for level 2 background

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

14  requirements of s. 435.03(3).

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

16  other individual who is an applicant if the agency has

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

18  a crime or has committed any other offense prohibited under

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

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

21  screening requirements of chapter 435 which has been submitted

22  within the previous 5 years in compliance with any other

23  health care licensure requirements of this state is acceptable

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

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

26  applicant when each individual required by this section to

27  undergo background screening has met the standards for the

28  abuse registry background check and the Department of Law

29  Enforcement background check, but the agency has not yet

30  received background screening results from the Federal Bureau

31  of Investigation, or a request for a disqualification

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

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

  3  standard license may be granted to the applicant upon the

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

  5  Bureau of Investigation background screening for each

  6  individual required by this section to undergo background

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

  8  upon the granting of a disqualification exemption by the

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

10  required to undergo level 2 background screening may serve in

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

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

13  may not continue to serve if the report indicates any

14  violation of background screening standards and a

15  disqualification exemption has not been requested of and

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

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

18  application, a description and explanation of any exclusions,

19  permanent suspensions, or terminations of the applicant from

20  the Medicare or Medicaid programs. Proof of compliance with

21  the requirements for disclosure of ownership and control

22  interests under the Medicaid or Medicare programs shall be

23  accepted in lieu of this submission.

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

25  description and explanation of any conviction of an offense

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

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

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

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

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

31  serves solely in a voluntary capacity for the corporation or

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

  2  operational decisions of the corporation or organization,

  3  receives no remuneration for his or her services on the

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

  5  financial interest and has no family members with a financial

  6  interest in the corporation or organization, provided that the

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

  8  include in the application a statement affirming that the

  9  director's relationship to the corporation satisfies the

10  requirements of this paragraph.

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

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

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

14  contendere or guilty to, any offense prohibited under the

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

16  unless an exemption from disqualification has been granted by

17  the agency as set forth in chapter 435.

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

19  applicant:

20         1.  Has falsely represented a material fact in the

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

22  omitted any material fact from the application required by

23  paragraph (e) or paragraph (f); or

24         2.  Has had prior action taken against the applicant

25  under the Medicaid or Medicare program as set forth in

26  paragraph (e).

27         (i)  An application for license renewal must contain

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

29         Section 6.  Paragraph (j) of subsection (2) of section

30  409.175, Florida Statutes, is amended to read:

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  1         409.175  Licensure of family foster homes, residential

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

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

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

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

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

  7  24-hour care for children in facilities maintained for that

  8  purpose, regardless of whether operated for profit or whether

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

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

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

12  emergency shelters that are not in private residences, and

13  wilderness camps.  Residential child-caring agencies do not

14  include hospitals, boarding schools, summer or recreation

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

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

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

18  s. 394.875 or chapter 397.

19         Section 7.  Paragraph (e) is added to subsection (1) of

20  section 27.51, Florida Statutes, to read:

21         27.51  Duties of public defender.--

22         (1)  The public defender shall represent, without

23  additional compensation, any person who is determined by the

24  court to be indigent as provided in s. 27.52 and who is:

25         (e)  A dependent child under the custody of the

26  Department of Children and Family Services, when the

27  department seeks residential treatment for that child pursuant

28  to s. 39.407(5).

29         Section 8.  This act shall take effect October 1, 2000.

30

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  2                          HOUSE SUMMARY

  3
      Revises provisions governing the medical, psychiatric,
  4    and psychological examination and treatment of children.
      Prescribes procedures for the admission of children or
  5    adolescents to residential treatment centers for children
      and adolescents for residential mental health treatment.
  6    Provides requirements for assessment, treatment, and
      review of treatment. Prohibits children and adolescents
  7    from admission to state mental health treatment
      facilities. Requires residential treatment centers for
  8    children and adolescents to adhere to certain standards.
      Revises requirements for child and adolescent mental
  9    health assessment services. Defines "residential
      treatment center for children and adolescents" and
10    provides for licensure of such centers. Revises certain
      exclusions from licensure. Requires the Department of
11    Children and Family Services and the Agency for Health
      Care Administration to adopt certain rules. Specifies
12    that residential child-caring agencies do not include
      residential treatment centers for children and
13    adolescents. Requires appointment of a public defender
      for a child under custody of the department when the
14    department seeks residential mental health treatment for
      the child.
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