Senate Bill 0730c2

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    Florida Senate - 2000                     CS for CS for SB 730

    By the Committees on Fiscal Policy; Children and Families; and
    Senator Cowin




    309-2059B-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. 39.504,

10         F.S.; adding a condition for issuing an

11         injunction; amending s. 39.507, F.S.; revising

12         provisions governing the authority of courts to

13         provide for the child as adjudicated; amending

14         s. 383.011, F.S.; providing for a campaign to

15         help certain pregnant teenagers; amending s.

16         383.402, F.S.; deleting reference to the Kayla

17         McKean Child Protection Act; amending s.

18         383.402, F.S.; revising duties of local child

19         abuse death review committees and of district

20         child abuse death review coordinators; amending

21         s. 409.1671, F.S.; prescribing times when

22         summaries of investigations must be provided to

23         the community-based agency; amending s.

24         409.175, F.S.; requiring a plan for

25         streamlining foster parent training; requiring

26         that certain information be provided to

27         licensed foster homes; creating s. 409.1753,

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

29         Children and Family Services or its agents

30         regarding foster care; providing for dependency

31         court pilot programs; requiring a report;

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  1         prohibiting position-lapse adjustments for

  2         certain positions; establishing a work group

  3         within the Department of Children and Family

  4         Services; providing duties; requiring reports;

  5         repealing s. 1, ch. 99-168, Laws of Florida,

  6         which provides the short title for the Kayla

  7         McKean Child Protection Act; providing an

  8         effective date.

  9

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

11

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

13  Statutes, is amended to read:

14         20.19  Department of Children and Family

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

16  Family Services.

17         (4)  CERTIFICATION PROGRAMS FOR DEPARTMENT

18  EMPLOYEES.--The department is authorized to create

19  certification programs for family safety and preservation

20  employees and agents to ensure that only qualified employees

21  and agents provide child protection services. The department

22  shall develop specific certification criteria related to

23  investigations involving children who have developmental

24  disabilities, emotional disturbances, or chronic medical

25  conditions or who are residing in residential treatment

26  facilities. The department is authorized to develop rules that

27  include qualifications for certification, including training

28  and testing requirements, continuing education requirements

29  for ongoing certification, and decertification procedures to

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

31

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  1  qualifications for certification and to implement the

  2  decertification of an employee or agent.

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

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

  5         39.201  Mandatory reports of child abuse, abandonment,

  6  or neglect; mandatory reports of death; central abuse

  7  hotline.--

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

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

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

11  department's central abuse hotline on the single statewide

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

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

14  the call shall be immediately electronically transferred to

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

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

17  suspected child abuse involving impregnation of a child under

18  16 years of age by a person 21 years of age or older solely

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

20  the appropriate county sheriff's office or other appropriate

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

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

23  reporting provisions of this subsection do not apply to health

24  care professionals or other persons who provide medical or

25  counseling services to pregnant children when such reporting

26  would interfere with the provision of medical services.

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

28  investigation any report received by the central abuse hotline

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

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

31

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

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

  3         (c)  Reporters in occupation categories designated in

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

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

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

  7  provided in s. 39.202.

  8         (d)  Reports involving known or suspected institutional

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

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

11         (e)  Reports involving a known or suspected juvenile

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

13         1.  The department shall determine the age of the

14  alleged juvenile sexual offender if known.

15         2.  When the alleged juvenile sexual offender is 12

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

17  investigation of the report pursuant to this part, immediately

18  electronically transfer the call to the appropriate law

19  enforcement agency office by the central abuse hotline, and

20  send a written report of the allegation to the appropriate

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

22  report is made to the central abuse hotline.

23         3.  When the alleged juvenile sexual offender is 13

24  years of age or older, the department shall immediately

25  electronically transfer the call to the appropriate county

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

27  written report to the appropriate county sheriff's office

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

29  hotline.

30         (f)  Hotline counselors shall receive periodic training

31  in encouraging reporters to provide their names when reporting

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

  2  the confidentiality provisions of s. 39.202. The department

  3  shall secure and install electronic equipment that

  4  automatically provides to the hotline the number from which

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

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

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

  8  confidentiality as provided to the identity of the caller

  9  pursuant to s. 39.202.

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

11  outgoing calls that are received or placed by the central

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

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

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

15  shall be released in full to law enforcement agencies and

16  state attorneys for the purpose of investigating and

17  prosecuting criminal charges pursuant to s. 39.205 or to

18  employees of the department for the purpose of investigating

19  and seeking administrative penalties pursuant to s. 39.206 is

20  subject to the same confidentiality as is provided to the

21  identity of the caller under s. 39.202.

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

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

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

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

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

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

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

29  judicial branch to again provide notice of reasonable cause to

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

31  is currently being investigated by the department, when there

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

  2  previously been reported to the department, provided that

  3  there is reasonable cause to believe that the information is

  4  already known to the department. This subsection applies only

  5  when the information has been provided to the officer or

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

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

  8  community-based care providers for privatization of foster

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

10  construed to remove or reduce the duty and responsibility of

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

12  privatization provider, to report a suspected or actual case

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

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

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

16  assurance program shall review calls reports to the hotline

17  involving three or more unaccepted reports on a single child

18  in order to detect such things as harassment and situations

19  that warrant an investigation because of the frequency or

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

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

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

23  The hotline shall document all calls for purposes of

24  administering this subsection when such calls relate

25  specifically to all definitions of harm under this chapter.

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

27  Statutes, is amended to read:

28         39.202  Confidentiality of reports and records in cases

29  of child abuse or neglect.--

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

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

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  1  other than employees of the department responsible for child

  2  protective services, the central abuse hotline, law

  3  enforcement, the child protection team, or the appropriate

  4  state attorney, without the written consent of the person

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

  6  reporting child abuse, abandonment, or neglect when deemed

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

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

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

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

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

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

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

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

15  the outcome of the investigation. The department shall mail

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

17  the child protective investigation.

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

19  Statutes, is amended to read:

20         39.205  Penalties relating to reporting of child abuse,

21  abandonment, or neglect.--

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

23  suspected child abuse, abandonment, or neglect and who

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

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

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

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

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

29  not be subject to criminal prosecution when the information

30  was received in the course of official duties.

31

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

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

  3  39.301, Florida Statutes, are amended to read:

  4         39.301  Initiation of protective investigations.--

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

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

  7  designated child protective investigator shall immediately

  8  forward allegations of criminal conduct to the municipality or

  9  county notify the appropriate law enforcement agency of the

10  county in which the alleged conduct has known or suspected

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

12  occurred.

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

14  conduct" means:

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

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

17  child, as defined in s. 827.03.

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

19  result of abuse or neglect.

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

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

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

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

24  as defined in s. 39.01.

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

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

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

28

29  Upon receiving a written report of an allegation of criminal

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

31  enforcement agency shall must review the information in the

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  1  written report to and determine whether a criminal

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

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

  4  criminal investigation that shall be coordinated, it shall

  5  coordinate its investigative activities with the department

  6  whenever feasible possible, with the child protective

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

  8  enforcement agency does not accept the case for criminal

  9  investigation, the agency shall notify the department in

10  writing.

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

12  39.306 must describe the specific local protocols for

13  implementing this section.

14         (8)  The person responsible for the investigation shall

15  make a preliminary determination as to whether the report is

16  complete, consulting with the attorney for the department when

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

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

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

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

21  the appropriate law enforcement agency having investigative

22  jurisdiction, and request additional information in order to

23  complete the report; however, the confidentiality of any

24  report filed in accordance with this chapter shall not be

25  violated.

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

27  the protection and supervision of the court, the department

28  shall file a petition for dependency. A petition for

29  dependency shall be filed in all cases classified by the

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

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

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

  2  but not limited to, cases involving parents or legal

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

  4  domestic violence.

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

  6  determines that the child can be maintained safely in the

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

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

  9  for injunction and shall determine whether a parent or legal

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

11  child from the home temporarily while the injunctive relief is

12  sought.

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

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

15  temporarily while injunctive relief is sought and the parent

16  or legal custodian provides the child protective investigator

17  with a safety plan developed with the assistance of the child

18  protective investigator, the child shall be left in the

19  custody of the parent or legal custodian as long as the safety

20  plan is followed. In cases in which domestic violence is

21  occurring in the household, the protective investigator shall

22  request assistance from the local certified domestic violence

23  center in developing the safety plan.

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

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

26  temporarily while injunctive relief is sought, if the parent

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

28  protective investigator with a safety plan, if the child

29  protective investigator is unwilling to approve the safety

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

31  parent or legal custodian fails to follow the approved safety

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

  2  injunctive relief is sought pursuant to s. 39.504.

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

  4  child requires immediate or long-term protection through:

  5         1.  Medical or other health care; or

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

  7  or other services to stabilize the home environment, including

  8  intensive family preservation services through the Family

  9  Builders Program or the Intensive Crisis Counseling Program,

10  or both,

11

12  such services shall first be offered for voluntary acceptance

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

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

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

16  age or history of substance abuse or domestic violence.

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

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

19  responsibility of the department to protect the child

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

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

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

23  child into protective custody or petition the court as

24  provided in this chapter.

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

26  judiciary, shall adopt by rule criteria that are factors

27  requiring that the department take the child into custody,

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

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

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

31  administrative review the department determines not to take

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

  2  shall document the reason for its decision in writing and

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

  4  accepted by the local law enforcement agency for criminal

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

  6  include in the file written documentation that the

  7  administrative review included input from law enforcement. In

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

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

10  must include written documentation that the administrative

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

12  evaluation. Factors that must be included in the development

13  of the rule include noncompliance with the case plan developed

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

15  chapter and prior abuse reports with findings that involve the

16  child or caregiver.

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

18  initial report, the local office of the department shall

19  complete its investigation.

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

21  investigation into allegations of child abuse, neglect, or

22  abandonment, photographs documenting the abuse or neglect will

23  be taken when appropriate. is participating in an

24  investigation, the agency shall take photographs of the

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

26  of the investigative file.

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

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

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

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

31

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  1  determination of whether or not prosecution is justified and

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

  3         Section 6.  Section 39.303, Florida Statutes, is

  4  amended to read:

  5         39.303  Child protection teams; services; eligible

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

  7  coordinate the services of one or more multidisciplinary child

  8  protection teams in each of the service districts of the

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

10  composed of appropriate representatives of school districts

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

12  service, and law enforcement agencies. The Legislature finds

13  that optimal coordination of child protection teams and sexual

14  abuse treatment programs requires collaboration between the

15  Department of Health and the Department of Children and Family

16  Services. The two departments shall maintain an interagency

17  agreement that establishes protocols for oversight and

18  operations of child protection teams and sexual abuse

19  treatment programs. The Secretary of Health and the Deputy

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

21  consultation with the Secretary of Children and Family

22  Services, shall maintain the responsibility for the screening,

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

24  protection team medical directors, at headquarters and in the

25  15 districts. Child protection team medical directors shall be

26  responsible for oversight of the teams in the districts.

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

28  the teams to supplement the assessment and protective

29  supervision activities of the family safety and preservation

30  program of the Department of Children and Family Services.

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

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  1  the duty and responsibility of any person to report pursuant

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

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

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

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

  6  appropriate to abused, abandoned, and neglected children upon

  7  referral.  The specialized diagnostic assessment, evaluation,

  8  coordination, consultation, and other supportive services that

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

10  but are not limited to, the following:

11         (a)  Medical diagnosis and evaluation services,

12  including provision or interpretation of X rays and laboratory

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

14  findings relative thereto.

15         (b)  Telephone consultation services in emergencies and

16  in other situations.

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

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

19  Health.

20         (d)  Such psychological and psychiatric diagnosis and

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

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

23  or any other individual involved in a child abuse,

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

25  needed.

26         (e)  Expert medical, psychological, and related

27  professional testimony in court cases.

28         (f)  Case staffings to develop treatment plans for

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

30  protection team may provide consultation with respect to a

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

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  1  neglected, which consultation shall be provided at the request

  2  of a representative of the family safety and preservation

  3  program or at the request of any other professional involved

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

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

  6  protection team case staffing, consultation, or staff activity

  7  involving a child, a family safety and preservation program

  8  representative shall attend and participate.

  9         (g)  Case service coordination and assistance,

10  including the location of services available from other public

11  and private agencies in the community.

12         (h)  Such training services for program and other

13  employees of the Department of Children and Family Services,

14  employees of the Department of Health, and other medical

15  professionals as is deemed appropriate to enable them to

16  develop and maintain their professional skills and abilities

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

18         (i)  Educational and community awareness campaigns on

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

20  citizens more successfully to prevent, identify, and treat

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

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

23  appropriate, a medical evaluation, medical consultation,

24  family psychosocial interview, specialized clinical interview,

25  or forensic interview.

26

27  All medical personnel participating on a child protection team

28  must successfully complete the required child protection team

29  training curriculum as set forth in protocols determined by

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

31  Statewide Medical Director for Child Protection Teams.

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

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

  3  Services to child protection teams of the Department of Health

  4  for an assessment medical evaluation and other appropriate

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

  6  include cases involving:

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

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

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

10  under.

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

12  anal penetration is alleged or in which other unlawful sexual

13  conduct has been determined to have occurred.

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

15  transmitted disease, in a prepubescent child.

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

17  a child to thrive.

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

19  neglect of a child.

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

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

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

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

24  sibling or other child remains in the home.

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

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

27  is suspected.

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

29         (3)  All abuse and neglect cases transmitted for

30  investigation to a district by the hotline must be

31  simultaneously transmitted to the Department of Health child

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  1  protection team for review. For the purpose of determining

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

  3  protection team is necessary, all cases transmitted to the

  4  child protection team which meet the criteria in subsection

  5  (2) must be timely reviewed by:

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

  7  459 who holds board certification in pediatrics and is a

  8  member of a child protection team;

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

10  chapter 459 who holds board certification in a specialty other

11  than pediatrics who may complete the review only when working

12  under the direction of a physician licensed under chapter 458

13  or chapter 459 who holds board certification in pediatrics and

14  is a member of a child protection team;

15         (c)  An advanced registered nurse practitioner licensed

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

17  member of the child protection team;

18         (d)  A physician assistant licensed under chapter 458

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

20  under the supervision of a physician licensed under chapter

21  458 or chapter 459 who holds board certification in pediatrics

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

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

24  may complete the review only when working under the direct

25  supervision of a physician licensed under chapter 458 or

26  chapter 459 who holds board certification in pediatrics and is

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

28  pediatrician or registered nurse practitioner under the

29  supervision of such pediatrician for the purpose of

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

31  child protection team is necessary.

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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

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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

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  1  of Seminole County to perform child protective investigations

  2  in Seminole County, subject to a specific appropriation.

  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.  Paragraph (a) of subsection (1) of section

  9  39.504, Florida Statutes, is amended to read:

10         39.504  Injunction pending disposition of petition;

11  penalty.--

12         (1)(a)  When a petition for shelter placement or a

13  petition for dependency has been filed, or when a child

14  protective investigator has determined that a child can remain

15  safely in the child's own home only after injunctive relief

16  has been granted, or when a child has been taken into custody

17  and reasonable cause, as defined in paragraph (b), exists, the

18  court, upon the request of the department, a law enforcement

19  officer, the state attorney, or other responsible person, or

20  upon its own motion, shall have the authority to issue an

21  injunction to prevent any act of child abuse or any unlawful

22  sexual offense involving a child.

23         Section 12.  Subsection (6) of section 39.507, Florida

24  Statutes, is amended to read:

25         39.507  Adjudicatory hearings; orders of

26  adjudication.--

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

28  petition is dependent, but chooses not to withhold

29  adjudication or is prohibited from withholding adjudication,

30  it shall incorporate that finding in an order of adjudication

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

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

  2  authority under this chapter to provide for the child as

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

  4  the court, in its discretion, relinquishes jurisdiction upon

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

  6  supervision of the Department of Children and Family Services.

  7         Section 13.  Paragraph (e) of subsection (1) of section

  8  383.011, Florida Statutes, is amended to read:

  9         383.011  Administration of maternal and child health

10  programs.--

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

12  state agency for:

13         (e)  The department shall establish in each county

14  health department a Healthy Start Care Coordination Program in

15  which a care coordinator is responsible for receiving

16  screening reports and risk assessment reports from the Office

17  of Vital Statistics; conducting assessments as part of a

18  multidisciplinary team, where appropriate; providing technical

19  assistance to the district prenatal and infant care

20  coalitions; directing family outreach efforts; and

21  coordinating the provision of services within and outside the

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

23  coordination process must include, at a minimum, family

24  outreach workers and health paraprofessionals who will assist

25  in providing the following enhanced services to pregnant

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

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

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

29  environmental, and behavioral risk factors; case management

30  utilizing the family support plan; home visiting to support

31  the delivery of and participation in prenatal and infant

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  1  primary care services; childbirth and parenting education,

  2  including encouragement of breastfeeding; counseling; and

  3  social services, as appropriate. Family outreach workers may

  4  include social work professionals or nurses with public health

  5  education and counseling experience. Paraprofessionals may

  6  include resource mothers and fathers, trained health aides,

  7  and parent educators. The care coordination program shall be

  8  developed in a coordinated, nonduplicative manner with the

  9  Developmental Evaluation and Intervention Program of

10  Children's Medical Services, using the local assessment

11  findings and plans of the prenatal and infant care coalitions

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

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

14         1.  Families determined to be at potential risk based

15  on the thresholds established in the department's screening

16  instrument must be notified by the department of the

17  determination and recommendations for followup services. All

18  Medicaid-eligible families shall receive Early Periodic

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

20  Florida Medicaid Program to help ensure continuity of care.

21  All other families identified at potential risk shall be

22  directed to seek additional health care followup visits as

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

24  potential risk is eligible for enhanced services under the

25  care coordination process within the resources allocated, if

26  it is not already receiving services from the Developmental

27  Evaluation and Intervention Program. The department shall

28  adopt rules regulating the assignment of family outreach

29  workers and paraprofessionals based on the thresholds

30  established in the department's risk assessment tool.

31

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

  2  department must ensure that subsequent screenings are

  3  conducted for those families identified as families at

  4  potential risk. Procedures for subsequent screenings of all

  5  infants and toddlers must be consistent with the established

  6  periodicity schedule and the level of risk. Screening programs

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

  8  centers, local schools, teenage pregnancy programs, community

  9  centers, and county health departments. Care coordination must

10  also include initiatives to provide immunizations in

11  accessible locations. Such initiatives must seek ways to

12  ensure that children not currently being served by

13  immunization efforts are reached.

14         3.  The provision of services under this section must

15  be consistent with the provisions and plans established under

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

17         4.  Contingent upon provision of a specific

18  appropriation, the department shall make funding available to

19  Healthy Start Coalitions for the development and

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

21  awareness campaign targeting pregnant teens who are not

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

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

24  care and care coordination services to pregnant teens to

25  promote healthy newborns and to prevent the abandoning of

26  babies. The department will make funds available to the

27  Healthy Start Coalitions through a grant process. The

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

29  uses the current hotline for Healthy Start Coalition services.

30  The public awareness campaign funded through these grant funds

31  must include information on the PAIN hotline that pregnant

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  1  teens can use to receive counseling and access prenatal care

  2  while remaining anonymous. The provision of funding for this

  3  campaign must include an evaluation component on the impact of

  4  each of the campaigns.

  5         Section 14.  Paragraph (i) of subsection (3), paragraph

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

  7  Florida Statutes, are amended to read:

  8         383.402  Child abuse death review; State Child Abuse

  9  Death Review Committee; local child abuse death review

10  committees.--

11         (3)  The State Child Abuse Death Review Committee

12  shall:

13         (i)  Educate the public regarding the provisions of

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

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

16  by which such deaths may be prevented.

17         (7)  Each local child abuse death review committee

18  shall:

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

20  are reported to the Office of Vital Statistics.

21         (18)  Each district administrator of the Department of

22  Children and Family Services must appoint a child abuse death

23  review coordinator for the district. The coordinator must have

24  knowledge and expertise in the area of child abuse and

25  neglect. The coordinator's general responsibilities include:

26         (a)  Coordinating with the local child abuse death

27  review committee.

28         (b)  Ensuring the appropriate implementation of the

29  child abuse death review process and all district activities

30  related to the review of child abuse deaths.

31

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

  2  reviews are thorough and that all issues are appropriately

  3  addressed.

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

  5  covered by this procedure and tracking cases during the child

  6  abuse death review process.

  7         (e)  Conducting or arranging for a Florida Abuse

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

  9  abuse deaths covered by this procedure to determine whether

10  there were any prior reports concerning the child or

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

12  home.

13         (f)  Coordinating child abuse death review activities,

14  as needed, with individuals in the community and the

15  Department of Health.

16         (g)  Notifying the district administrator, the

17  Secretary of Children and Family Services, and the Deputy

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

19  Department of Health Child Abuse Death Review Coordinator

20  Assistant Health Officer of all child abuse deaths meeting

21  criteria for review as specified in this section within 1

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

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

24         (h)  Ensuring that all critical issues identified by

25  the local child abuse death review committee are brought to

26  the attention of the district administrator and the Secretary

27  of Children and Family Services.

28         (i)  Providing technical assistance to the local child

29  abuse death review committee during the review of any child

30  abuse death.

31

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  1         Section 15.  Subsection (3) of section 409.1671,

  2  Florida Statutes, is amended to read:

  3         409.1671  Foster care and related services;

  4  privatization.--

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

  6  protection system, the department shall ensure that contracts

  7  entered into with community-based agencies pursuant to this

  8  section include provisions for a case-transfer process to

  9  determine the date that the community-based agency will

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

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

12  protective investigation and the initiation of service

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

14  conclusion of an investigation, the department must provide a

15  complete summary of the findings of the investigation to the

16  community-based agency.

17         (b)  The contracts must also ensure that each

18  community-based agency shall furnish regular status reports of

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

20  provider may not discontinue services without prior written

21  notification to the department. After discontinuing services

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

23  must provide a written case summary, including its assessment

24  of the child and family, to the department.

25         (c)  The annual contract between the department and

26  community-based agencies must include provisions that specify

27  the procedures to be used by the parties to resolve

28  differences in interpreting the contract or to resolve

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

30  their respective obligations under the contract.

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  1         Section 16.  Present paragraph (c) of subsection (13)

  2  of section 409.175, Florida Statutes, is redesignated as

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

  4  section to read:

  5         409.175  Licensure of family foster homes, residential

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

  7         (13)

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

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

10  of the required training as convenient as possible for

11  potential foster parents and emergency-shelter parents. The

12  plan should include, without limitation, such strategies as

13  providing training in nontraditional locations and at

14  nontraditional times. The plan must be revised at least

15  annually and must be included in the information provided to

16  each person applying to become a foster parent or

17  emergency-shelter parent.

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

19  department or its agent must provide the foster parent with

20  information regarding the anticipated date of placement of a

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

22  within 60 days, the department must provide monthly status

23  reports and explanations to the foster parent regarding

24  placement of children in the home.

25         Section 17.  Section 409.1753, Florida Statutes, is

26  created to read:

27         409.1753  Foster care; duties.--

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

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

30  foster parent to call during normal working hours whenever

31  immediate assistance is needed and the child's caseworker is

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  1  unavailable. This number must be staffed and answered by

  2  individuals possessing the knowledge and authority necessary

  3  to assist foster parents.

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

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

  6  minimize the number of caseworkers who must interact with a

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

  8  department shall annually develop a written plan that

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

10  caseworkers with whom each foster parent must interact and

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

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

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

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

15  foster parent prior to the child being moved to another

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

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

18  move.

19         Section 18.  Any funds appropriated for the

20  establishment of model dependency court pilot programs for

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

22  circuits shall be used for the purpose of hiring general

23  masters to hear cases referred by the presiding judge and for

24  related support for the dependency division pilot project. The

25  Office of the State Courts Administrator shall evaluate the

26  utilization of general masters and related support for the

27  dependency division pilot project in the furtherance of

28  permanency for children. The results of this evaluation shall

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

30  the House of Representatives by December 1, 2001.

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  1         Section 19.  Full-time equivalent positions of the

  2  Department of Children and Family Services and of agencies

  3  under either a contract or a grant arrangement with the

  4  department which are directly involved in the investigation of

  5  child abuse and neglect or in the performance of activities

  6  directly related to the protection of children who have been

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

  8  position-lapse adjustments included in annual agency operating

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

10  hiring must be kept to a minimum.

11         Section 20.  (1)  A work group is established in the

12  Department of Children and Family Services for the purpose of

13  evaluating child abuse and neglect reports involving children

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

15  appointments were not kept. The department shall include on

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

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

18  child protective investigators, child welfare legal services

19  attorneys, and representatives of appropriate law enforcement

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

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

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

23  evaluation should distinguish among the types of maltreatment

24  reported in analyzing the reasons appointments were not kept;

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

26  activities by the child protection investigators; actions by

27  child welfare legal attorneys; case histories, including

28  previous reports of abuse or neglect, previous dependency

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

30  any other factors the work group considers pertinent.

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

  2  Department of Children and Family Services and the Department

  3  of Health with recommendations for process improvements and

  4  policy changes to reduce the incidence of unkept appointments.

  5  The Department of Children and Family Services shall report

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

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

  8         Section 21.  Section 1 of chapter 99-168, Laws of

  9  Florida, is repealed.

10         Section 22.  This act shall take effect July 1, 2000.

11

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                            CS/SB 730

14

15  Adds language that requires the safety plan to be developed by
    the parent or legal custodian with the assistance of the child
16  protective investigator while injunctive relief is being
    sought.
17
    Adds "subject to a specific appropriation" to the language
18  that states that the department will enter into an agreement
    with Seminole County to perform child protective
19  investigations in FY 2000-01.

20  Adds an additional condition for issuing an injunction
    circumstances where a child protective investigator has
21  determined that a child can remain safely in the child's own
    home if the alleged perpetrator is removed from the home.
22
    Adds language to clarify that foster parents are to be given a
23  telephone number to call an individual during normal working
    hours when the caseworker is unavailable.
24
    Expands language on the use of funds for model dependency
25  court pilot programs to include related support for the
    dependency division in addition to hiring general masters.
26
    Removes the $25,000 General Revenue appropriation to support
27  data gathering and analysis of the work group.

28

29

30

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