Senate Bill 0730c1

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    Florida Senate - 2000                            CS for SB 730

    By the Committee on Children and Families; and Senator Cowin





    300-1690D-00

  1                      A bill to be entitled

  2         An act relating to child welfare; amending s.

  3         20.19, F.S.; modifying the certification

  4         program for family safety and preservation

  5         employees and agents; amending s. 39.201, F.S.;

  6         providing for the release of abuse hotlines

  7         recordings to specified persons and entities;

  8         providing circumstances in which an officer or

  9         employee of the judicial branch is not required

10         to report child abuse, abandonment, or neglect;

11         revising procedures; amending s. 39.202, F.S.;

12         specifying persons to whom the names of persons

13         reporting child abuse, abandonment, or neglect

14         may be released; amending s. 39.205, F.S.;

15         exempting judges from prosecution for failure

16         to report; amending s. 39.301, F.S.; clarifying

17         provisions relating to initiation of protective

18         investigations and criminal investigations;

19         clarifying that the age of parents shall be

20         factored into risk assessments; providing

21         circumstances under which an injunction must be

22         sought; providing procedures; changing certain

23         time requirements; amending s. 39.303, F.S.;

24         revising provisions governing the composition,

25         qualifications, training, and duties of child

26         protection teams; prescribing circumstances

27         under which face-to-face medical evaluations

28         are necessary and procedures for determining

29         whether they are necessary; providing for

30         collaboration by agency quality assurance

31         programs; amending s. 39.304, F.S.; revising

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  1         provisions governing the use of photographs

  2         taken by child protection teams; amending s.

  3         39.3065, F.S.; directing that the sheriff of

  4         Seminole County be awarded a grant; amending s.

  5         39.401, F.S.; requiring documentation to the

  6         court when a child is not placed with a

  7         relative or other specified adult; amending s.

  8         39.402, F.S.; providing for initial assessment

  9         after a shelter hearing; amending s. 39.507,

10         F.S.; revising provisions governing the

11         authority of courts to provide for the child as

12         adjudicated; amending s. 383.011, F.S.;

13         providing for a campaign to help certain

14         pregnant teenagers; amending s. 383.402, F.S.;

15         deleting reference to the Kayla McKean Child

16         Protection Act; amending s. 383.402, F.S.;

17         revising duties of local child abuse death

18         review committees and of district child abuse

19         death review coordinators; amending s.

20         409.1671, F.S.; prescribing times when

21         summaries of investigations must be provided to

22         the community-based agency; amending s.

23         409.175, F.S.; requiring a plan for

24         streamlining foster parent training; requiring

25         that certain information be provided to

26         licensed foster homes; creating s. 409.1753,

27         F.S.; specifying duties of the Department of

28         Children and Family Services or its agents

29         regarding foster care; providing for dependency

30         court pilot programs; requiring a report;

31         prohibiting position-lapse adjustments for

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  1         certain positions; establishing a work group

  2         within the Department of Children and Family

  3         Services; providing duties; requiring reports;

  4         providing an appropriation; repealing s. 1, ch.

  5         99-168, Laws of Florida, which provides the

  6         short title for the Kayla McKean Child

  7         Protection Act; providing an effective date.

  8

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

10

11         Section 1.  Subsection (4) of section 20.19, Florida

12  Statutes, is amended to read:

13         20.19  Department of Children and Family

14  Services.--There is created a Department of Children and

15  Family Services.

16         (4)  CERTIFICATION PROGRAMS FOR DEPARTMENT

17  EMPLOYEES.--The department is authorized to create

18  certification programs for family safety and preservation

19  employees and agents to ensure that only qualified employees

20  and agents provide child protection services. The department

21  shall develop specific certification criteria related to

22  investigations involving children who have developmental

23  disabilities, emotional disturbances, or chronic medical

24  conditions or who are residing in residential treatment

25  facilities. The department is authorized to develop rules that

26  include qualifications for certification, including training

27  and testing requirements, continuing education requirements

28  for ongoing certification, and decertification procedures to

29  be used to determine when an individual no longer meets the

30  qualifications for certification and to implement the

31  decertification of an employee or agent.

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  1         Section 2.  Subsections (2), (7), (8), and (9) of

  2  section 39.201, Florida Statutes, are amended to read:

  3         39.201  Mandatory reports of child abuse, abandonment,

  4  or neglect; mandatory reports of death; central abuse

  5  hotline.--

  6         (2)(a)  Each report of known or suspected child abuse,

  7  abandonment, or neglect pursuant to this section, except those

  8  solely under s. 827.04(3), shall be made immediately to the

  9  department's central abuse hotline on the single statewide

10  toll-free telephone number, and, if the report is of an

11  instance of known or suspected child abuse by a noncaretaker,

12  the call shall be immediately electronically transferred to

13  the appropriate county sheriff's office by the central abuse

14  hotline.  If the report is of an instance of known or

15  suspected child abuse involving impregnation of a child under

16  16 years of age by a person 21 years of age or older solely

17  under s. 827.04(3), the report shall be made immediately to

18  the appropriate county sheriff's office or other appropriate

19  law enforcement agency. If the report is of an instance of

20  known or suspected child abuse solely under s. 827.04(3), the

21  reporting provisions of this subsection do not apply to health

22  care professionals or other persons who provide medical or

23  counseling services to pregnant children when such reporting

24  would interfere with the provision of medical services.

25         (b)  The department must consider valid and accept for

26  investigation any report received by the central abuse hotline

27  from a judge, teacher or other professional school official,

28  or physician, as specified in paragraph (1)(a), paragraph

29  (1)(d), or paragraph (1)(g), who is acting in his or her

30  professional capacity, alleging harm as defined in s. 39.01.

31

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  1         (c)  Reporters in occupation categories designated in

  2  subsection (1) are required to provide their names to the

  3  hotline staff.  The names of reporters shall be entered into

  4  the record of the report, but shall be held confidential as

  5  provided in s. 39.202.

  6         (d)  Reports involving known or suspected institutional

  7  child abuse or neglect shall be made and received in the same

  8  manner as all other reports made pursuant to this section.

  9         (e)  Reports involving a known or suspected juvenile

10  sexual offender shall be made and received by the department.

11         1.  The department shall determine the age of the

12  alleged juvenile sexual offender if known.

13         2.  When the alleged juvenile sexual offender is 12

14  years of age or younger, the department shall proceed with an

15  investigation of the report pursuant to this part, immediately

16  electronically transfer the call to the appropriate law

17  enforcement agency office by the central abuse hotline, and

18  send a written report of the allegation to the appropriate

19  county sheriff's office within 48 hours after the initial

20  report is made to the central abuse hotline.

21         3.  When the alleged juvenile sexual offender is 13

22  years of age or older, the department shall immediately

23  electronically transfer the call to the appropriate county

24  sheriff's office by the central abuse hotline, and send a

25  written report to the appropriate county sheriff's office

26  within 48 hours after the initial report to the central abuse

27  hotline.

28         (f)  Hotline counselors shall receive periodic training

29  in encouraging reporters to provide their names when reporting

30  abuse, abandonment, or neglect.  Callers shall be advised of

31  the confidentiality provisions of s. 39.202. The department

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  1  shall secure and install electronic equipment that

  2  automatically provides to the hotline the number from which

  3  the call is placed.  This number shall be entered into the

  4  report of abuse, abandonment, or neglect and become a part of

  5  the record of the report, but shall enjoy the same

  6  confidentiality as provided to the identity of the caller

  7  pursuant to s. 39.202.

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

  9  outgoing calls that are received or placed by the central

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

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

12  the record of the report, but, notwithstanding s. 39.202,

13  shall be released in full to law enforcement agencies and

14  state attorneys for the purpose of investigating and

15  prosecuting criminal charges pursuant to s. 39.205 or to

16  employees of the department for the purpose of investigating

17  and seeking administrative penalties pursuant to s. 39.206 is

18  subject to the same confidentiality as is provided to the

19  identity of the caller under s. 39.202.

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

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

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

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

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

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

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

27  judicial branch to again provide notice of reasonable cause to

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

29  is currently being investigated by the department, when there

30  is an existing dependency case, or when the matter has

31  previously been reported to the department, provided that

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  1  there is reasonable cause to believe that the information is

  2  already known to the department. This subsection applies only

  3  when the information has been provided to the officer or

  4  employee in the course of his or her official duties.

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

  6  community-based care providers for privatization of foster

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

  8  construed to remove or reduce the duty and responsibility of

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

10  privatization provider, to report a suspected or actual case

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

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

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

14  assurance program shall review calls reports to the hotline

15  involving three or more unaccepted reports on a single child

16  in order to detect such things as harassment and situations

17  that warrant an investigation because of the frequency or

18  variety of the source of the reports. The assistant secretary

19  may refer a case for investigation when it is determined, as a

20  result of this review, that an investigation may be warranted.

21  The hotline shall document all calls for purposes of

22  administering this subsection when such calls relate

23  specifically to all definitions of harm under this chapter.

24         Section 3.  Subsection (4) of section 39.202, Florida

25  Statutes, is amended to read:

26         39.202  Confidentiality of reports and records in cases

27  of child abuse or neglect.--

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

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

30  other than employees of the department responsible for child

31  protective services, the central abuse hotline, law

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  1  enforcement, the child protection team, or the appropriate

  2  state attorney, without the written consent of the person

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

  4  reporting child abuse, abandonment, or neglect when deemed

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

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

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

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

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

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

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

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

13  the outcome of the investigation. The department shall mail

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

15  the child protective investigation.

16         Section 4.  Subsection (1) of section 39.205, Florida

17  Statutes, is amended to read:

18         39.205  Penalties relating to reporting of child abuse,

19  abandonment, or neglect.--

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

21  suspected child abuse, abandonment, or neglect and who

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

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

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

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

26  pursuant to s. 12 of Art. V of the State Constitution, shall

27  not be subject to criminal prosecution when the information

28  was received in the course of official duties.

29         Section 5.  Subsection (2), paragraph (b) of subsection

30  (8), and subsections (12), (14), (17), and (18) of section

31  39.301, Florida Statutes, are amended to read:

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  1         39.301  Initiation of protective investigations.--

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

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

  4  designated child protective investigator shall immediately

  5  forward allegations of criminal conduct to the municipality or

  6  county notify the appropriate law enforcement agency of the

  7  county in which the alleged conduct has known or suspected

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

  9  occurred.

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

11  conduct" means:

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

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

14  child, as defined in s. 827.03.

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

16  result of abuse or neglect.

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

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

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

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

21  as defined in s. 39.01.

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

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

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

25

26  Upon receiving a written report of an allegation of criminal

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

28  enforcement agency shall must review the information in the

29  written report to and determine whether a criminal

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

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

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  1  criminal investigation that shall be coordinated, it shall

  2  coordinate its investigative activities with the department

  3  whenever feasible possible, with the child protective

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

  5  enforcement agency does not accept the case for criminal

  6  investigation, the agency shall notify the department in

  7  writing.

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

  9  39.306 must describe the specific local protocols for

10  implementing this section.

11         (8)  The person responsible for the investigation shall

12  make a preliminary determination as to whether the report is

13  complete, consulting with the attorney for the department when

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

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

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

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

18  the appropriate law enforcement agency having investigative

19  jurisdiction, and request additional information in order to

20  complete the report; however, the confidentiality of any

21  report filed in accordance with this chapter shall not be

22  violated.

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

24  the protection and supervision of the court, the department

25  shall file a petition for dependency. A petition for

26  dependency shall be filed in all cases classified by the

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

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

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

30  but not limited to, cases involving parents or legal

31

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

  2  domestic violence.

  3         (12)(a)  If the child protective investigator

  4  determines that the child can be maintained safely in the

  5  child's own home only after injunctive relief has been granted

  6  pursuant to s. 39.504, the investigator must file a request

  7  for injunction and shall determine whether a parent or legal

  8  custodian is available, willing, and capable of removing the

  9  child from the home temporarily while the injunctive relief is

10  sought.

11         (a)  If a parent or legal custodian is available,

12  willing, and capable of removing the child from the home

13  temporarily while injunctive relief is sought and the parent

14  or legal custodian provides the child protective investigator

15  with a safety plan, the child shall be left in the custody of

16  the parent or legal custodian as long as the safety plan is

17  followed. In cases in which domestic violence is occurring in

18  the household, the protective investigator shall request

19  assistance from the local certified domestic violence center

20  in developing the safety plan.

21         (b)  If a parent or legal custodian is not available,

22  willing, and capable of removing the child from the home

23  temporarily while injunctive relief is sought, if the parent

24  or legal custodian is unable or unwilling to provide the child

25  protective investigator with a safety plan, if the child

26  protective investigator is unwilling to approve the safety

27  plan provided by the parent or legal custodian, or if the

28  parent or legal custodian fails to follow the approved safety

29  plan, the child shall be taken into protective custody while

30  injunctive relief is sought pursuant to s. 39.504.

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  1         (c)  If the department or its agent determines that a

  2  child requires immediate or long-term protection through:

  3         1.  Medical or other health care; or

  4         2.  Homemaker care, day care, protective supervision,

  5  or other services to stabilize the home environment, including

  6  intensive family preservation services through the Family

  7  Builders Program or the Intensive Crisis Counseling Program,

  8  or both,

  9

10  such services shall first be offered for voluntary acceptance

11  unless there are high-risk factors that may impact the ability

12  of the parents or legal custodians to exercise judgment. Such

13  factors may include the parents' or legal custodians' young

14  age or history of substance abuse or domestic violence.

15         (d)(b)  The parents or legal custodians shall be

16  informed of the right to refuse services, as well as the

17  responsibility of the department to protect the child

18  regardless of the acceptance or refusal of services. If the

19  services are refused and the department deems that the child's

20  need for protection so requires, the department shall take the

21  child into protective custody or petition the court as

22  provided in this chapter.

23         (e)(c)  The department, in consultation with the

24  judiciary, shall adopt by rule criteria that are factors

25  requiring that the department take the child into custody,

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

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

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

29  administrative review the department determines not to take

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

31  shall document the reason for its decision in writing and

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

  2  accepted by the local law enforcement agency for criminal

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

  4  include in the file written documentation that the

  5  administrative review included input from law enforcement. In

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

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

  8  must include written documentation that the administrative

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

10  evaluation. Factors that must be included in the development

11  of the rule include noncompliance with the case plan developed

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

13  chapter and prior abuse reports with findings that involve the

14  child or caregiver.

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

16  initial report, the local office of the department shall

17  complete its investigation.

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

19  investigation into allegations of child abuse, neglect, or

20  abandonment, photographs documenting the abuse or neglect will

21  be taken when appropriate. is participating in an

22  investigation, the agency shall take photographs of the

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

24  of the investigative file.

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

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

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

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

29  determination of whether or not prosecution is justified and

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

31

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  1         Section 6.  Section 39.303, Florida Statutes, is

  2  amended to read:

  3         39.303  Child protection teams; services; eligible

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

  5  coordinate the services of one or more multidisciplinary child

  6  protection teams in each of the service districts of the

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

  8  composed of appropriate representatives of school districts

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

10  service, and law enforcement agencies. The Legislature finds

11  that optimal coordination of child protection teams and sexual

12  abuse treatment programs requires collaboration between the

13  Department of Health and the Department of Children and Family

14  Services. The two departments shall maintain an interagency

15  agreement that establishes protocols for oversight and

16  operations of child protection teams and sexual abuse

17  treatment programs. The Secretary of Health and the Deputy

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

19  consultation with the Secretary of Children and Family

20  Services, shall maintain the responsibility for the screening,

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

22  protection team medical directors, at headquarters and in the

23  15 districts. Child protection team medical directors shall be

24  responsible for oversight of the teams in the districts.

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

26  the teams to supplement the assessment and protective

27  supervision activities of the family safety and preservation

28  program of the Department of Children and Family Services.

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

30  the duty and responsibility of any person to report pursuant

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

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

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

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

  4  appropriate to abused, abandoned, and neglected children upon

  5  referral.  The specialized diagnostic assessment, evaluation,

  6  coordination, consultation, and other supportive services that

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

  8  but are not limited to, the following:

  9         (a)  Medical diagnosis and evaluation services,

10  including provision or interpretation of X rays and laboratory

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

12  findings relative thereto.

13         (b)  Telephone consultation services in emergencies and

14  in other situations.

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

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

17  Health.

18         (d)  Such psychological and psychiatric diagnosis and

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

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

21  or any other individual involved in a child abuse,

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

23  needed.

24         (e)  Expert medical, psychological, and related

25  professional testimony in court cases.

26         (f)  Case staffings to develop treatment plans for

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

28  protection team may provide consultation with respect to a

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

30  neglected, which consultation shall be provided at the request

31  of a representative of the family safety and preservation

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  1  program or at the request of any other professional involved

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

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

  4  protection team case staffing, consultation, or staff activity

  5  involving a child, a family safety and preservation program

  6  representative shall attend and participate.

  7         (g)  Case service coordination and assistance,

  8  including the location of services available from other public

  9  and private agencies in the community.

10         (h)  Such training services for program and other

11  employees of the Department of Children and Family Services,

12  employees of the Department of Health, and other medical

13  professionals as is deemed appropriate to enable them to

14  develop and maintain their professional skills and abilities

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

16         (i)  Educational and community awareness campaigns on

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

18  citizens more successfully to prevent, identify, and treat

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

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

21  appropriate, a medical evaluation, medical consultation,

22  family psychosocial interview, specialized clinical interview,

23  or forensic interview.

24

25  All medical personnel participating on a child protection team

26  must successfully complete the required child protection team

27  training curriculum as set forth in protocols determined by

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

29  Statewide Medical Director for Child Protection Teams.

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

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

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  1  Services to child protection teams of the Department of Health

  2  for an assessment medical evaluation and other appropriate

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

  4  include cases involving:

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

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

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

  8  under.

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

10  anal penetration is alleged or in which other unlawful sexual

11  conduct has been determined to have occurred.

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

13  transmitted disease, in a prepubescent child.

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

15  a child to thrive.

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

17  neglect of a child.

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

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

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

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

22  sibling or other child remains in the home.

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

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

25  is suspected.

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

27         (3)  All abuse and neglect cases transmitted for

28  investigation to a district by the hotline must be

29  simultaneously transmitted to the Department of Health child

30  protection team for review. For the purpose of determining

31  whether face-to-face medical evaluation of a child by a child

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  1  protection team is necessary, all cases transmitted to the

  2  child protection team which meet the criteria in subsection

  3  (2) must be timely reviewed by:

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

  5  459 who holds board certification in pediatrics and is a

  6  member of a child protection team;

  7         (b)  A physician who is licensed under chapter 458 or

  8  chapter 459 who holds board certification in a specialty other

  9  than pediatrics who may complete the review only when working

10  under the direction of a physician licensed under chapter 458

11  or chapter 459 who holds board certification in pediatrics and

12  is a member of a child protection team;

13         (c)  An advanced registered nurse practitioner licensed

14  under chapter 464 who has a specialty in pediatrics and is a

15  member of the child protection team;

16         (d)  A physician assistant licensed under chapter 458

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

18  under the supervision of a physician licensed under chapter

19  458 or chapter 459 who holds board certification in pediatrics

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

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

22  may complete the review only when working under the direct

23  supervision of a physician licensed under chapter 458 or

24  chapter 459 who holds board certification in pediatrics and is

25  a member of a child protection team. a board-certified

26  pediatrician or registered nurse practitioner under the

27  supervision of such pediatrician for the purpose of

28  determining whether a face-to-face medical evaluation by a

29  child protection team is necessary.

30

31

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

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

  3  determined that

  4         (a)  The child was examined by a

  5  non-child-protection-team physician for the alleged abuse or

  6  neglect, and a consultation between the examining physician

  7  and the child protection team board-certified pediatrician,

  8  advanced registered or nurse practitioner, physician assistant

  9  working under the supervision of a child protection team

10  board-certified pediatrician, or a registered nurse working

11  under the direct supervision of a child protection team

12  board-certified pediatrician and the examining physician

13  concludes that a further medical evaluation is unnecessary;

14  or.

15         (b)1.  The child protective investigator, with

16  supervisory approval has concluded after conducting a child

17  safety assessment, that there are no findings of any of the

18  injuries described in paragraphs (2)(a)-(h) and that there is

19  no history in the child's household of substance abuse,

20  domestic violence, prior reports containing indications or

21  verified findings, prior reports that included a child

22  protection team referral that the family did not keep, or

23  previous law enforcement involvement; and

24         2.  The child protection team board-certified

25  pediatrician determines, after reviewing the child safety

26  assessment form, that a medical evaluation is not required.

27

28  For any child for whom one of the injuries described in

29  paragraphs (2)(a)-(h) has been alleged, the child safety

30  assessment and supervisory approval must be completed within

31  72 hours after receipt of the report and a copy must then be

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  1  provided to the child protection team within 24 hours.

  2  Notwithstanding paragraphs (a) and (b), a child protection

  3  team pediatrician or advanced registered nurse practitioner as

  4  authorized in subsection (3) may determine that a face-to-face

  5  medical evaluation is necessary.

  6         (5)(4)  In all instances in which a child protection

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

  8  neglected children, other offices and units of the Department

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

10  and Family Services, shall avoid duplicating the provision of

11  those services.

12         (6)  The child protection team quality assurance

13  program of the Department of Health and the quality assurance

14  program of the Family Safety Program Office of the Department

15  of Children and Family Services shall collaborate to ensure

16  that referrals and responses to child abuse and neglect

17  reports are appropriate. Each quality assurance program shall

18  include a review of records in which there are no findings of

19  abuse or neglect, and the findings of these reviews shall be

20  included in each department's quality assurance reports.

21         Section 7.  Subsection (1) of section 39.304, Florida

22  Statutes, is amended to read:

23         39.304  Photographs, medical examinations, X rays, and

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

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

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

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

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

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

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

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

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  1  physical abuse injuries, or duplicates thereof, shall be

  2  provided to the department for inclusion in the investigative

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

  4  abuse trauma which are taken must be made part of the child

  5  protection team medical record only.

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

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

  8  complains or otherwise exhibits distress as a result of injury

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

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

11  investigate may cause the child to be referred for diagnosis

12  to a licensed physician or an emergency department in a

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

14  custodian. Such examination may be performed by any licensed

15  physician or an advanced registered nurse practitioner

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

17  advanced registered nurse practitioner licensed pursuant to

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

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

20  may authorize a radiological examination to be performed on

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

22  custodian.

23         Section 8.  Section 39.3065, Florida Statutes, is

24  amended to read:

25         39.3065  Sheriffs of Pasco, Manatee, and Pinellas

26  Counties to provide child protective investigative services;

27  procedures; funding.--

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

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

30  1999-2000, transfer all responsibility for child protective

31  investigations for Pinellas County, Manatee County, and Pasco

                                  21

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  1  County to the sheriff of that county in which the child abuse,

  2  neglect, or abandonment is alleged to have occurred. Each

  3  sheriff is responsible for the provision of all child

  4  protective investigations in his or her county. Each

  5  individual who provides these services must complete the

  6  training provided to and required of protective investigators

  7  employed by the Department of Children and Family Services.

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

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

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

11  Funding for the services will be appropriated to the

12  Department of Children and Family Services, and the department

13  shall transfer to the respective sheriffs for the duration of

14  fiscal year 1998-1999, funding for the investigative

15  responsibilities assumed by the sheriffs, including federal

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

17  that portion of general revenue funds which is currently

18  associated with the services that are being furnished under

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

20  investigative, supervisory, and clerical positions; training;

21  all associated equipment; furnishings; and other fixed capital

22  items. The contract must specify whether the department will

23  continue to perform part or none of the child protective

24  investigations during the initial year. The sheriffs may

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

26  subcontract with law enforcement officials or with properly

27  trained employees of private agencies to conduct

28  investigations related to neglect cases only. If such a

29  subcontract is awarded, the sheriff must take full

30  responsibility for any safety decision made by the

31  subcontractor and must immediately respond with law

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  1  enforcement staff to any situation that requires removal of a

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

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

  4  are to be performed by departmental employees or by persons

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

  6  department is responsible for quality assurance, and the

  7  department retains the responsibility for the performance of

  8  all child protective investigations. The department must

  9  identify any barriers to transferring the entire

10  responsibility for child protective services to the sheriffs'

11  offices and must pursue avenues for removing any such barriers

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

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

14  the President of the Senate, the Speaker of the House of

15  Representatives, and the chairs of the Senate and House

16  committees that oversee departmental activities a report that

17  describes any remaining barriers, including any that pertain

18  to funding and related administrative issues. Unless the

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

20  information, acts to block a transfer of the entire

21  responsibility for child protective investigations to the

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

23  County, and Pinellas County, beginning in fiscal year

24  1999-2000, shall assume the entire responsibility for such

25  services, as provided in subsection (3).

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

27  sheriffs of Pasco County, Manatee County, and Pinellas County

28  have the responsibility to provide all child protective

29  investigations in their respective counties. Beginning in

30  fiscal year 2000-2001, the Department of Children and Family

31  Services shall enter into a grant agreement with the sheriff

                                  23

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  1  of Seminole County to perform child protective investigations

  2  in Seminole County.

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

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

  5  with the performance standards established by the Legislature

  6  for protective investigations conducted by the Department of

  7  Children and Family Services.

  8         (c)  Funds for providing child protective

  9  investigations in Pasco County, Manatee County, and Pinellas

10  County must be identified in the annual appropriation made to

11  the Department of Children and Family Services, which shall

12  award grants for the full amount identified to the respective

13  sheriffs' offices.  Funds for the child protective

14  investigations may not be integrated into the sheriffs'

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

16  performance of child protective investigations must be

17  maintained separately from all other records of the sheriffs'

18  offices.

19         (d)  Program performance evaluation shall be based on

20  criteria mutually agreed upon by the respective sheriffs and a

21  committee of seven persons appointed by the Governor and

22  selected from those persons serving on the Department of

23  Children and Family Services District 5 Health and Human

24  Services Board and District 6 Health and Human Services Board.

25  Two of the Governor's appointees must be residents of Pasco

26  County, two of the Governor's appointees must be residents of

27  Manatee County, and two of the Governor's appointees must be

28  residents of Pinellas County.  Such appointees shall serve at

29  the pleasure of the Governor.  The individuals appointed must

30  have demonstrated experience in outcome evaluation, social

31  service areas of protective investigation, or child welfare

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  1  supervision.  The committee shall submit an annual report

  2  regarding quality performance, outcome-measure attainment, and

  3  cost efficiency to the President of the Senate, the Speaker of

  4  the House of Representatives, and to the Governor no later

  5  than January 31 of each year the sheriffs are receiving

  6  general appropriations to provide child protective

  7  investigations.

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

  9  Broward County shall perform the same child protective

10  investigative services according to the same standards as are

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

12  and Pasco County under this section. This subsection expires

13  July 1, 2000.

14         Section 9.  Subsection (3) of section 39.401, Florida

15  Statutes, is amended to read:

16         39.401  Taking a child alleged to be dependent into

17  custody; law enforcement officers and authorized agents of the

18  department.--

19         (3)  If the child is taken into custody by, or is

20  delivered to, an authorized agent of the department, the

21  authorized agent shall review the facts supporting the removal

22  with an attorney representing the department. The purpose of

23  this review shall be to determine whether probable cause

24  exists for the filing of a shelter petition.  If the facts are

25  not sufficient to support the filing of a shelter petition,

26  the child shall immediately be returned to the custody of the

27  parent or legal custodian. If the facts are sufficient to

28  support the filing of the shelter petition and the child has

29  not been returned to the custody of the parent or legal

30  custodian, the department shall file the petition and schedule

31  a hearing, and the attorney representing the department shall

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  1  request that a shelter hearing be held as quickly as possible,

  2  not to exceed 24 hours after the removal of the child. While

  3  awaiting the shelter hearing, the authorized agent of the

  4  department may place the child in licensed shelter care or may

  5  release the child to a parent or legal custodian or

  6  responsible adult relative who shall be given priority

  7  consideration over a licensed placement, or a responsible

  8  adult approved by the department when this is in the best

  9  interests of the child. If the child is not placed with a

10  parent or legal custodian or responsible adult relative, the

11  reasons must be specified in writing and provided to the

12  court. Any placement of a child which is not in a licensed

13  shelter must be preceded by a local and state criminal records

14  check, as well as a search of the department's automated abuse

15  information system, on all members of the household, to assess

16  the child's safety within the home.  In addition, the

17  department may authorize placement of a housekeeper/homemaker

18  in the home of a child alleged to be dependent until the

19  parent or legal custodian assumes care of the child.

20         Section 10.  Subsection (16) is added to section

21  39.402, Florida Statutes, to read:

22         39.402  Placement in a shelter.--

23         (16)  If a child is placed in a shelter pursuant to a

24  court order following a shelter hearing, the department shall

25  provide or cause to be provided an assessment of the child's

26  strengths and needs, and shall use the results of the

27  assessment to develop an initial case plan for the child, to

28  determine the child's ongoing placement, and to arrange for

29  services for the child and for support for the child's

30  caregiver. The initial case plan must be discussed with and

31  provided to the child's foster parent or other caregiver. In

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  1  each district, the department shall assess the feasibility of

  2  deploying its child protective investigators in a manner that

  3  focuses a portion of that workforce on the initial response to

  4  a report, including the initial determination of risk through

  5  the shelter hearing, if one is held, and that focuses another

  6  portion of that workforce on the ongoing work of the

  7  investigation which occurs after the shelter hearing.

  8         Section 11.  Subsection (6) of section 39.507, Florida

  9  Statutes, is amended to read:

10         39.507  Adjudicatory hearings; orders of

11  adjudication.--

12         (6)  If the court finds that the child named in a

13  petition is dependent, but chooses not to withhold

14  adjudication or is prohibited from withholding adjudication,

15  it shall incorporate that finding in an order of adjudication

16  entered in the case, briefly stating the facts upon which the

17  finding is made, and the court shall thereafter have full

18  authority under this chapter to provide for the child as

19  adjudicated until the child reaches 18 years of age, unless

20  the court, in its discretion, relinquishes jurisdiction upon

21  its own order whether or not the child is under the

22  supervision of the Department of Children and Family Services.

23         Section 12.  Paragraph (e) of subsection (1) of section

24  383.011, Florida Statutes, is amended to read:

25         383.011  Administration of maternal and child health

26  programs.--

27         (1)  The Department of Health is designated as the

28  state agency for:

29         (e)  The department shall establish in each county

30  health department a Healthy Start Care Coordination Program in

31  which a care coordinator is responsible for receiving

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  1  screening reports and risk assessment reports from the Office

  2  of Vital Statistics; conducting assessments as part of a

  3  multidisciplinary team, where appropriate; providing technical

  4  assistance to the district prenatal and infant care

  5  coalitions; directing family outreach efforts; and

  6  coordinating the provision of services within and outside the

  7  department using the plan developed by the coalition. The care

  8  coordination process must include, at a minimum, family

  9  outreach workers and health paraprofessionals who will assist

10  in providing the following enhanced services to pregnant

11  women, infants, and their families that are determined to be

12  at potential risk by the department's screening instrument:

13  case finding or outreach; assessment of health, social,

14  environmental, and behavioral risk factors; case management

15  utilizing the family support plan; home visiting to support

16  the delivery of and participation in prenatal and infant

17  primary care services; childbirth and parenting education,

18  including encouragement of breastfeeding; counseling; and

19  social services, as appropriate. Family outreach workers may

20  include social work professionals or nurses with public health

21  education and counseling experience. Paraprofessionals may

22  include resource mothers and fathers, trained health aides,

23  and parent educators. The care coordination program shall be

24  developed in a coordinated, nonduplicative manner with the

25  Developmental Evaluation and Intervention Program of

26  Children's Medical Services, using the local assessment

27  findings and plans of the prenatal and infant care coalitions

28  and the programs and services established in chapter 411, Pub.

29  L. No. 99-457, and this chapter.

30         1.  Families determined to be at potential risk based

31  on the thresholds established in the department's screening

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  1  instrument must be notified by the department of the

  2  determination and recommendations for followup services. All

  3  Medicaid-eligible families shall receive Early Periodic

  4  Screening, Diagnosis and Treatment (EPSDT) Services of the

  5  Florida Medicaid Program to help ensure continuity of care.

  6  All other families identified at potential risk shall be

  7  directed to seek additional health care followup visits as

  8  provided under s. 627.6579. A family identified as a family at

  9  potential risk is eligible for enhanced services under the

10  care coordination process within the resources allocated, if

11  it is not already receiving services from the Developmental

12  Evaluation and Intervention Program. The department shall

13  adopt rules regulating the assignment of family outreach

14  workers and paraprofessionals based on the thresholds

15  established in the department's risk assessment tool.

16         2.  As part of the care coordination process, the

17  department must ensure that subsequent screenings are

18  conducted for those families identified as families at

19  potential risk. Procedures for subsequent screenings of all

20  infants and toddlers must be consistent with the established

21  periodicity schedule and the level of risk. Screening programs

22  must be conducted in accessible locations, such as child care

23  centers, local schools, teenage pregnancy programs, community

24  centers, and county health departments. Care coordination must

25  also include initiatives to provide immunizations in

26  accessible locations. Such initiatives must seek ways to

27  ensure that children not currently being served by

28  immunization efforts are reached.

29         3.  The provision of services under this section must

30  be consistent with the provisions and plans established under

31  chapter 411, Pub. L. No. 99-457, and this chapter.

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  1         4.  Contingent upon provision of a specific

  2  appropriation, the department shall make funding available to

  3  Healthy Start Coalitions for the development and

  4  implementation of a Pregnant-And-In-Need (PAIN) public

  5  awareness campaign targeting pregnant teens who are not

  6  seeking prenatal care and may be at high risk of abandoning

  7  their babies. The purpose of this campaign is to get prenatal

  8  care and care coordination services to pregnant teens to

  9  promote healthy newborns and to prevent the abandoning of

10  babies. The department will make funds available to the

11  Healthy Start Coalitions through a grant process. The

12  department will establish a statewide 1-800-PAIN hotline that

13  uses the current hotline for Healthy Start Coalition services.

14  The public awareness campaign funded through these grant funds

15  must include information on the PAIN hotline that pregnant

16  teens can use to receive counseling and access prenatal care

17  while remaining anonymous. The provision of funding for this

18  campaign must include an evaluation component on the impact of

19  each of the campaigns.

20         Section 13.  Paragraph (i) of subsection (3), paragraph

21  (a) of subsection (7), and subsection (18) of section 383.402,

22  Florida Statutes, are amended to read:

23         383.402  Child abuse death review; State Child Abuse

24  Death Review Committee; local child abuse death review

25  committees.--

26         (3)  The State Child Abuse Death Review Committee

27  shall:

28         (i)  Educate the public regarding the provisions of

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

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

31  by which such deaths may be prevented.

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  1         (7)  Each local child abuse death review committee

  2  shall:

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

  4  are reported to the Office of Vital Statistics.

  5         (18)  Each district administrator of the Department of

  6  Children and Family Services must appoint a child abuse death

  7  review coordinator for the district. The coordinator must have

  8  knowledge and expertise in the area of child abuse and

  9  neglect. The coordinator's general responsibilities include:

10         (a)  Coordinating with the local child abuse death

11  review committee.

12         (b)  Ensuring the appropriate implementation of the

13  child abuse death review process and all district activities

14  related to the review of child abuse deaths.

15         (c)  Working with the committee to ensure that the

16  reviews are thorough and that all issues are appropriately

17  addressed.

18         (d)  Maintaining a system of logging child abuse deaths

19  covered by this procedure and tracking cases during the child

20  abuse death review process.

21         (e)  Conducting or arranging for a Florida Abuse

22  Hotline Information System (FAHIS) record check on all child

23  abuse deaths covered by this procedure to determine whether

24  there were any prior reports concerning the child or

25  concerning any siblings, other children, or adults in the

26  home.

27         (f)  Coordinating child abuse death review activities,

28  as needed, with individuals in the community and the

29  Department of Health.

30         (g)  Notifying the district administrator, the

31  Secretary of Children and Family Services, and the Deputy

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

  2  Department of Health Child Abuse Death Review Coordinator

  3  Assistant Health Officer of all child abuse deaths meeting

  4  criteria for review as specified in this section within 1

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

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

  7         (h)  Ensuring that all critical issues identified by

  8  the local child abuse death review committee are brought to

  9  the attention of the district administrator and the Secretary

10  of Children and Family Services.

11         (i)  Providing technical assistance to the local child

12  abuse death review committee during the review of any child

13  abuse death.

14         Section 14.  Subsection (3) of section 409.1671,

15  Florida Statutes, is amended to read:

16         409.1671  Foster care and related services;

17  privatization.--

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

19  protection system, the department shall ensure that contracts

20  entered into with community-based agencies pursuant to this

21  section include provisions for a case-transfer process to

22  determine the date that the community-based agency will

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

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

25  protective investigation and the initiation of service

26  provision. At the point of case transfer, and at the

27  conclusion of an investigation, the department must provide a

28  complete summary of the findings of the investigation to the

29  community-based agency.

30         (b)  The contracts must also ensure that each

31  community-based agency shall furnish regular status reports of

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

  2  provider may not discontinue services without prior written

  3  notification to the department. After discontinuing services

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

  5  must provide a written case summary, including its assessment

  6  of the child and family, to the department.

  7         (c)  The annual contract between the department and

  8  community-based agencies must include provisions that specify

  9  the procedures to be used by the parties to resolve

10  differences in interpreting the contract or to resolve

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

12  their respective obligations under the contract.

13         Section 15.  Present paragraph (c) of subsection (13)

14  of section 409.175, Florida Statutes, is redesignated as

15  paragraph (e) and new paragraphs (c) and (d) are added to that

16  section to read:

17         409.175  Licensure of family foster homes, residential

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

19         (13)

20         (c)  In consultation with foster parents, each district

21  or lead agency shall develop a plan for making the completion

22  of the required training as convenient as possible for

23  potential foster parents and emergency-shelter parents. The

24  plan should include, without limitation, such strategies as

25  providing training in nontraditional locations and at

26  nontraditional times. The plan must be revised at least

27  annually and must be included in the information provided to

28  each person applying to become a foster parent or

29  emergency-shelter parent.

30         (d)  Upon a foster home becoming licensed, the

31  department or its agent must provide the foster parent with

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  1  information regarding the anticipated date of placement of a

  2  foster child; and, if a child is not placed in that home

  3  within 60 days, the department must provide monthly status

  4  reports and explanations to the foster parent regarding

  5  placement of children in the home.

  6         Section 16.  Section 409.1753, Florida Statutes, is

  7  created to read:

  8         409.1753  Foster care; duties.--

  9         (1)  The department shall ensure that, within each

10  district, each foster home is given a telephone number for the

11  foster parent to call whenever immediate assistance is needed

12  and the child's caseworker is unavailable. This number must be

13  staffed and answered by individuals possessing the knowledge

14  and authority necessary to assist foster parents.

15         (2)  To the extent practicable, the department or its

16  agent shall assign new foster care cases, in ways that

17  minimize the number of caseworkers who must interact with a

18  given foster home. Each district or designated agent of the

19  department shall annually develop a written plan that

20  describes actions that will be taken to minimize the number of

21  caseworkers with whom each foster parent must interact and

22  must provide a copy of the plan to all licensed foster homes.

23         (3)  Unless a child's safety is at risk, as documented

24  in the child's case file, the department or its agent shall

25  provide at least 2 weeks' notice to the child and his or her

26  foster parent prior to the child being moved to another

27  placement in order to provide sufficient time for all parties,

28  including the child and the foster parent, to plan for the

29  move.

30         Section 17.  Any funds appropriated for the

31  establishment of model dependency court pilot programs for

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  1  Fiscal Year 2000-2001 in the 5th, 10th, and 17th judicial

  2  circuits shall be used for the purpose of hiring general

  3  masters to hear cases referred by the presiding judge. The

  4  Office of the State Courts Administrator shall evaluate the

  5  utilization of general masters in the furtherance of

  6  permanency for children. The results of this evaluation shall

  7  be reported to the President of the Senate and the Speaker of

  8  the House of Representatives by December 1, 2001.

  9         Section 18.  Full-time equivalent positions of the

10  Department of Children and Family Services and of agencies

11  under either a contract or a grant arrangement with the

12  department which are directly involved in the investigation of

13  child abuse and neglect or in the performance of activities

14  directly related to the protection of children who have been

15  or are at risk of abuse or neglect are not subject to

16  position-lapse adjustments included in annual agency operating

17  budgets. Such positions must be promptly filled and delays in

18  hiring must be kept to a minimum.

19         Section 19.  (1)  A work group is established in the

20  Department of Children and Family Services for the purpose of

21  evaluating child abuse and neglect reports involving children

22  who were referred to child protection teams but for whom the

23  appointments were not kept. The department shall include on

24  the work group members of the child protection team staff of

25  the Children's Medical Services of the Department of Health,

26  child protective investigators, child welfare legal services

27  attorneys, and representatives of appropriate law enforcement

28  agencies, and other persons, as appropriate. The work group is

29  directed to evaluate reports that are made from July 1, 2000

30  through December 31, 2000, which meet the criteria. The

31  evaluation should distinguish among the types of maltreatment

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  1  reported in analyzing the reasons appointments were not kept;

  2  follow-up activities by child protection teams; follow-up

  3  activities by the child protection investigators; actions by

  4  child welfare legal attorneys; case histories, including

  5  previous reports of abuse or neglect, previous dependency

  6  actions, any known subsequent reports of abuse or neglect; and

  7  any other factors the work group considers pertinent.

  8         (2)  The work group shall report its findings to the

  9  Department of Children and Family Services and the Department

10  of Health with recommendations for process improvements and

11  policy changes to reduce the incidence of unkept appointments.

12  The Department of Children and Family Services shall report

13  the findings of the work group, with recommendations for any

14  statutory changes, to the Legislature by November 1, 2001.

15         (3)  The sum of $25,000 is appropriated from the

16  General Revenue Fund to the Department of Children and Family

17  Services to support the data gathering and analysis of the

18  work group.

19         Section 20.  Section 1 of chapter 99-168, Laws of

20  Florida, is repealed.

21         Section 21.  This act shall take effect July 1, 2000.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 730

  3

  4
    -     Requires the Department of Children and Family Services
  5        to determine if a known or suspected case of child
          abuse, abandonment, or neglect may involve criminal
  6        conduct and needs to be forwarded for a criminal
          investigation to the municipality or county law
  7        enforcement agency. This is substituted for providing
          clear parameters to law enforcement for determining when
  8        they become responsible for conducting a criminal
          investigation and their responsibilities for these
  9        cases.

10  -     Removes the updates and revisions to a number of the
          stipulations relative to the sheriff offices' provision
11        of child protective investigation with the exception of
          requiring that the Department of Children and Family
12        Services enter into agreement with Seminole County to
          perform child protective investigations.
13
    -     Modifies the mandatory reporting of child abuse to not
14        require officers and employees of the judicial branch to
          provide notice of suspected child abuse when the child
15        is currently being investigated by the department, there
          is an existing dependency case, or the matter has been
16        previously reported to the department.

17  -     Stipulates that judges are not subject to criminal
          prosecution for failing to report child abuse when the
18        information was received in the course of official
          duties.
19
    -     Expands the time frame in which the department has to
20        complete its investigation from 30 days to 60 days.

21  -     Removes the title "Kayla McKean Child Protection Act"
          from ch. 99-168.
22
    -     Removes the requirement that physician assistants on the
23        child protection team must have "direct supervision" of
          a CPT pediatrician and instead only requires
24        "supervision."

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