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





                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Murman offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Paragraph (g) of subsection (2) and

18  subsections (7), (8), and (9) of section 39.201, Florida

19  Statutes, are amended to read:

20         39.201  Mandatory reports of child abuse, abandonment,

21  or neglect; mandatory reports of death; central abuse

22  hotline.--

23         (2)

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

25  outgoing calls that are received or placed by the central

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

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

28  the record of the report, but, not withstanding s. 39.202,

29  shall be released in full only to law enforcement agencies and

30  state attorneys for the purpose of investigating and

31  prosecuting criminal charges pursuant to s. 39.205, or to

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  employees of the department for the purpose of investigating

 2  and seeking administrative penalties pursuant to s. 39.206 is

 3  subject to the same confidentiality as is provided to the

 4  identity of the caller under s. 39.202. Nothing in this

 5  paragraph shall prohibit the use of the recordings by hotline

 6  staff for quality assurance and training.

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

 8  who is hired by or enters into a contract with the department

 9  for the purpose of treating or counseling any person, as a

10  result of a report of child abuse, abandonment, or neglect, to

11  again report to the central abuse hotline the abuse,

12  abandonment, or neglect that was the subject of the referral

13  for treatment.

14         (b)  This section does not require an officer or

15  employee of the judicial branch to again provide notice of

16  reasonable cause to suspect child abuse, abandonment, or

17  neglect when that child is currently being investigated by the

18  department, there is an existing dependency case, or the

19  matter has previously been reported to the department,

20  provided there is reasonable cause to believe the information

21  is already known to the department.  This paragraph applies

22  only when the information has been provided to the officer or

23  employee in the course of official duties.

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

25  community-based care providers for privatization of foster

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

27  construed to remove or reduce the duty and responsibility of

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

29  privatization provider, to report a suspected or actual case

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

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

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





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

 2  assurance program shall review calls reports to the hotline

 3  involving three or more unaccepted reports on a single child,

 4  where jurisdiction applies, in order to detect such things as

 5  harassment and situations that warrant an investigation

 6  because of the frequency or variety of the source of the

 7  reports. The assistant secretary may refer a case for

 8  investigation when it is determined, as a result of this

 9  review, that an investigation may be warranted.

10         Section 2.  Subsection (4) of section 39.202, Florida

11  Statutes, is amended to read:

12         39.202  Confidentiality of reports and records in cases

13  of child abuse or neglect.--

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

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

16  other than employees of the department responsible for child

17  protective services, the central abuse hotline, law

18  enforcement, the child protection team, or the appropriate

19  state attorney, without the written consent of the person

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

21  reporting child abuse, abandonment, or neglect when deemed

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

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

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

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

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

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

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

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

30  the outcome of the investigation. The department shall mail

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

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  the child protective investigation.

 2         Section 3.  Subsection (1) of section 39.205, Florida

 3  Statutes, is amended to read:

 4         39.205  Penalties relating to reporting of child abuse,

 5  abandonment, or neglect.--

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

 7  suspected child abuse, abandonment, or neglect and who

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

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

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

11  s. 775.082 or s. 775.083. A judge subject to discipline

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

13  not be subject to criminal prosecution when the information

14  was received in the course of official duties.

15         Section 4.  Subsection (2), paragraph (b) of subsection

16  (8), paragraph (c) of subsection (12), and subsections (14),

17  (17), and (18) of section 39.301, Florida Statutes, are

18  amended to read:

19         39.301  Initiation of protective investigations.--

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

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

22  designated child protective investigator shall immediately

23  forward allegations of criminal conduct to the municipal or

24  county notify the appropriate law enforcement agency of the

25  municipality or county in which the alleged conduct has known

26  or suspected child abuse, abandonment, or neglect is believed

27  to have occurred.

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

29  conduct" means:

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

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

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  child, as defined in s. 827.03.

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

 3  result of abuse or neglect.

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

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

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

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

 8  as defined in s. 39.01.

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

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

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

12         (c)  Upon receiving a written report of an allegation

13  of criminal conduct from the department receipt of a report,

14  the law enforcement agency shall must review the information

15  in the written report to and determine whether a criminal

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

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

18  criminal investigation that shall be coordinated, it shall

19  coordinate its investigative activities with the department,

20  whenever feasible possible, with the child protective

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

22  enforcement agency does not accept the case for criminal

23  investigation, the agency shall notify the department in

24  writing.

25         (d)  The local law enforcement agreement required in s.

26  39.306 shall describe the specific local protocols for

27  implementing this section.

28         (8)  The person responsible for the investigation shall

29  make a preliminary determination as to whether the report is

30  complete, consulting with the attorney for the department when

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

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





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

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

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

 4  the appropriate law enforcement agency having investigative

 5  jurisdiction, and request additional information in order to

 6  complete the report; however, the confidentiality of any

 7  report filed in accordance with this chapter shall not be

 8  violated.

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

10  the protection and supervision of the court, the department

11  shall file a petition for dependency.  A petition for

12  dependency shall be filed in all cases classified by the

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

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

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

16  but not limited to, cases involving parents or legal

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

18  domestic violence.

19         (12)

20         (c)  The department, in consultation with the

21  judiciary, shall adopt by rule criteria that are factors

22  requiring that the department take the child into custody,

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

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

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

26  administrative review the department determines not to take

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

28  shall document the reason for its decision in writing and

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

30  accepted by the local law enforcement agency for criminal

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

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  include in the file written documentation that the

 2  administrative review included input from law enforcement. In

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

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

 5  must include written documentation that the administrative

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

 7  evaluation. Factors that must be included in the development

 8  of the rule include noncompliance with the case plan developed

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

10  chapter and prior abuse reports with findings that involve the

11  child or caregiver.

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

13  initial report, the local office of the department shall

14  complete its investigation.

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

16  investigation into allegations of child abuse, neglect, or

17  abandonment, photographs documenting the abuse or neglect will

18  be taken when appropriate is participating in an

19  investigation, the agency shall take photographs of the

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

21  of the investigative file.

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

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

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

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

26  determination of whether or not prosecution is justified and

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

28         Section 5.  Section 39.303, Florida Statutes, is

29  amended to read:

30         39.303  Child protection teams; services; eligible

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

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  coordinate the services of one or more multidisciplinary child

 2  protection teams in each of the service districts of the

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

 4  composed of appropriate representatives of school districts

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

 6  service, and law enforcement agencies. The Legislature finds

 7  that optimal coordination of child protection teams and sexual

 8  abuse treatment programs requires collaboration between the

 9  Department of Health and the Department of Children and Family

10  Services. The two departments shall maintain an interagency

11  agreement that establishes protocols for oversight and

12  operations of child protection teams and sexual abuse

13  treatment programs. The Secretary of Health and the Deputy

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

15  consultation with the Secretary of Children and Family

16  Services, shall maintain the responsibility for the screening,

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

18  protection team medical directors, at headquarters and in the

19  15 districts. Child protection team medical directors shall be

20  responsible for oversight of the teams in the districts.

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

22  the teams to supplement the assessment and protective

23  supervision activities of the family safety and preservation

24  program of the Department of Children and Family Services.

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

26  the duty and responsibility of any person to report pursuant

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

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

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

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

31  appropriate to abused, abandoned, and neglected children upon

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  referral.  The specialized diagnostic assessment, evaluation,

 2  coordination, consultation, and other supportive services that

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

 4  but are not limited to, the following:

 5         (a)  Medical diagnosis and evaluation services,

 6  including provision or interpretation of X rays and laboratory

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

 8  findings relative thereto.

 9         (b)  Telephone consultation services in emergencies and

10  in other situations.

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

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

13  Health.

14         (d)  Such psychological and psychiatric diagnosis and

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

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

17  or any other individual involved in a child abuse,

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

19  needed.

20         (e)  Expert medical, psychological, and related

21  professional testimony in court cases.

22         (f)  Case staffings to develop treatment plans for

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

24  protection team may provide consultation with respect to a

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

26  neglected, which consultation shall be provided at the request

27  of a representative of the family safety and preservation

28  program or at the request of any other professional involved

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

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

31  protection team case staffing, consultation, or staff activity

                                  9

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  involving a child, a family safety and preservation program

 2  representative shall attend and participate.

 3         (g)  Case service coordination and assistance,

 4  including the location of services available from other public

 5  and private agencies in the community.

 6         (h)  Such training services for program and other

 7  employees of the Department of Children and Family Services,

 8  employees of the Department of Health, and other medical

 9  professionals as is deemed appropriate to enable them to

10  develop and maintain their professional skills and abilities

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

12         (i)  Educational and community awareness campaigns on

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

14  citizens more successfully to prevent, identify, and treat

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

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

17  appropriate, medical evaluations, medical consultations,

18  family psychosocial interviews, specialized clinical

19  interviews, or forensic interviews.

20

21  All medical personnel participating on a child protection team

22  must successfully complete the required child protection team

23  training curriculum as set forth in protocols determined by

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

25  Statewide Medical Director for Child Protection.

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

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

28  Services to child protection teams of the Department of Health

29  for an assessment medical evaluation and other appropriate

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

31  include cases involving:

                                  10

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





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

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

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

 4  under.

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

 6  anal penetration is alleged or in which other unlawful sexual

 7  conduct has been determined to have occurred.

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

 9  transmitted disease, in a prepubescent child.

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

11  a child to thrive.

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

13  neglect of a child.

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

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

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

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

18  sibling or other child remains in the home.

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

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

21  is suspected.

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

23         (3)  All abuse and neglect cases transmitted for

24  investigation to a district by the hotline must be

25  simultaneously transmitted to the Department of Health child

26  protection team for review. For the purpose of determining

27  whether face-to-face medical evaluation by a child protection

28  team is necessary, all cases transmitted to the child

29  protection team which meet the criteria in subsection (2) must

30  be timely reviewed by: a board-certified pediatrician or

31  registered nurse practitioner under the supervision of such

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  pediatrician for the purpose of determining whether a

 2  face-to-face medical evaluation by a child protection team is

 3  necessary.

 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 licensed under chapter 458 or chapter

 8  459 who holds board certification in a specialty other than

 9  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 speciality in pediatrics or family

15  medicine and is a member of a 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 certification in pediatrics and is a

25  member of a child protection team.

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

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

28  determined that

29         (a)  The child was examined by a physician for the

30  alleged abuse or neglect by a physician who is not a member of

31  the child protection team, and a consultation between the

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  child protection team board-certified pediatrician, advanced

 2  registered or nurse practitioner, physician assistant working

 3  under the supervision of a child protection team

 4  board-certified pediatrician, or registered nurse working

 5  under the direct supervision of a child protection team

 6  board-certified pediatrician, and the examining physician

 7  concludes that a further medical evaluation is unnecessary;

 8         (b)  The child protective investigator, with

 9  supervisory approval, has determined, after conducting a child

10  safety assessment, that there are no indications of injuries

11  as described in paragraphs (2)(a)-(h) as reported; or

12         (c)  The child protection team board-certified

13  pediatrician, as authorized in subsection (3), determines that

14  a medical evaluation is not required.

15

16  Notwithstanding paragraphs (a), (b), and (c), a child

17  protection team pediatrician, as authorized in subsection (3),

18  may determine that a face-to-face medical evaluation is

19  necessary.

20         (5)(4)  In all instances in which a child protection

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

22  neglected children, other offices and units of the Department

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

24  and Family Services, shall avoid duplicating the provision of

25  those services.

26         (6)  The Department of Health child protection team

27  quality assurance program and the Department of Children and

28  Family Services' Family Safety Program Office quality

29  assurance program shall collaborate to ensure referrals and

30  responses to child abuse, abandonment, and neglect reports are

31  appropriate.  Each quality assurance program shall include a

                                  13

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  review of records in which there are no findings of abuse,

 2  abandonment, or neglect and the findings of these reviews

 3  shall be included in each department's quality assurance

 4  reports.

 5         Section 6.  Subsection (1) of section 39.304, Florida

 6  Statutes, is amended to read:

 7         39.304  Photographs, medical examinations, X rays, and

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

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

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

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

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

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

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

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

16  physical abuse injuries, or duplicates thereof, shall be

17  provided to the department for inclusion in the investigative

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

19  abuse trauma shall be made part of the child protection team

20  medical record.

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

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

23  complains or otherwise exhibits distress as a result of injury

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

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

26  investigate may cause the child to be referred for diagnosis

27  to a licensed physician or an emergency department in a

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

29  custodian. Such examination may be performed by any licensed

30  physician or an advanced registered nurse practitioner

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

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  advanced registered nurse practitioner licensed pursuant to

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

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

 4  may authorize a radiological examination to be performed on

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

 6  custodian.

 7         Section 7.  Paragraph (f) of subsection (8) of section

 8  39.402, Florida Statutes, is amended to read:

 9         39.402  Placement in a shelter.--

10         (8)

11         (f)  At the shelter hearing, the department shall

12  inform the court of:

13         1.  Any identified current or previous case plans

14  negotiated in any district with the parents or caregivers

15  under this chapter and problems associated with compliance;

16         2.  Any adjudication of the parents or caregivers of

17  delinquency;

18         3.  Any past or current injunction for protection from

19  domestic violence; and

20         4.  All of the child's places of residence during the

21  prior 12 months.

22         Section 8.  Paragraph (i) of subsection (3), subsection

23  (7), and paragraph (g) of subsection (18) of section 383.402,

24  Florida Statutes, are amended to read:

25         383.402  Child abuse death review; State Child Abuse

26  Death Review Committee; local child abuse death review

27  committees.--

28         (3)  The State Child Abuse Death Review Committee

29  shall:

30         (i)  Educate the public regarding the provisions of

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

                                  15

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





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

 2  by which such deaths may be prevented.

 3         (7)  Each local child abuse death review committee

 4  shall:

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

 6  are reported to the Office of Vital Statistics.

 7         (a)(b)  Assist the state committee in collecting data

 8  on deaths that are the result of child abuse, in accordance

 9  with the protocol established by the state committee.

10         (b)(c)  Submit written reports at the direction of the

11  state committee. The reports must include nonidentifying

12  information on individual cases and the steps taken by the

13  local committee and private and public agencies to implement

14  necessary changes and improve the coordination of services and

15  reviews.

16         (c)(d)  Submit all records requested by the state

17  committee at the conclusion of its review of a death resulting

18  from child abuse.

19         (d)(e)  Abide by the standards and protocols developed

20  by the state committee.

21         (e)(f)  On a case-by-case basis, request that the state

22  committee review the data of a particular case.

23         (18)  Each district administrator of the Department of

24  Children and Family Services must appoint a child abuse death

25  review coordinator for the district. The coordinator must have

26  knowledge and expertise in the area of child abuse and

27  neglect. The coordinator's general responsibilities include:

28         (g)  Notifying the district administrator, the

29  Secretary of Children and Family Services, and the Deputy

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

31  Department of Health Child Abuse Death Review Coordinator

                                  16

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Assistant Health Officer of all child abuse deaths meeting

 2  criteria for review as specified in this section within 1

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

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

 5         Section 9.  Paragraph (b) of subsection (3) of section

 6  409.145, Florida Statutes, is amended to read:

 7         409.145  Care of children.--

 8         (3)

 9         (b)  The services of the foster care program shall

10  continue for those individuals 18 to 21 years of age only for

11  the period of time the individual is continuously enrolled in

12  high school, in a program leading to a high school equivalency

13  diploma as defined in s. 229.814, or in a full-time career

14  education program. Services shall be terminated upon

15  completion of or withdrawal or permanent expulsion from high

16  school, the program leading to a high school equivalency

17  diploma, or the full-time career education program. In

18  addition, the department may, based upon the availability of

19  funds, provide assistance to those individuals who leave

20  foster care when they attain 18 years of age and subsequently

21  request assistance prior to their 21st birthday. The following

22  are examples of assistance that may be provided: referrals for

23  employment, services for educational or vocational

24  development, and housing assistance.

25         Section 10.  Subsection (3) of section 409.1671,

26  Florida Statutes, is amended to read:

27         409.1671  Foster care and related services;

28  privatization.--

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

30  protection system, the department shall ensure that contracts

31  entered into with community-based agencies pursuant to this

                                  17

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  section include provisions for a case-transfer process to

 2  determine the date that the community-based agency will

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

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

 5  protective investigation and the initiation of service

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

 7  conclusion of an investigation, the department must provide a

 8  complete summary of the findings of the investigation to the

 9  community-based agency.

10         (b)  The contracts must also ensure that each

11  community-based agency shall furnish regular status reports of

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

13  provider may not discontinue services without prior written

14  notification to the department. After discontinuing services

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

16  must provide a written case summary, including its assessment

17  of the child and family, to the department.

18         (c)  The annual contract between the department and

19  community-based agencies must include provisions that specify

20  the procedures to be used by the parties to resolve

21  differences in interpreting the contract or to resolve

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

23  their respective obligations under the contract.

24         Section 11.  Present paragraph (c) of subsection (13)

25  of section 409.175, Florida Statutes, is redesignated as

26  paragraph (d) and a new paragraph (c) is added to that section

27  to read:

28         409.175  Licensure of family foster homes, residential

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

30         (13)

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

                                  18

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





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

 2  of the required training as convenient as possible for

 3  potential foster parents and emergency-shelter parents. The

 4  plan should include, without limitation, such strategies as

 5  providing training in nontraditional locations and at

 6  nontraditional times. The plan must be revised at least

 7  annually and must be included in the information provided to

 8  each person applying to become a foster parent or

 9  emergency-shelter parent.

10         Section 12.  Section 409.1753, Florida Statutes, is

11  created to read:

12         409.1753  Foster care; duties.--The department shall

13  ensure that, within each district, each foster home is given a

14  telephone number for the foster parent to call during normal

15  working hours whenever immediate assistance is needed and the

16  child's caseworker is unavailable. This number must be staffed

17  and answered by individuals possessing the knowledge and

18  authority necessary to assist foster parents.

19         Section 13.  Section 1 of chapter 99-168, Laws of

20  Florida, is repealed.

21         Section 14.  This act shall take effect upon becoming a

22  law.

23

24

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

26  And the title is amended as follows:

27  remove from the title of the bill:  the entire title

28

29  and insert in lieu thereof:

30                      A bill to be entitled

31         An act relating to child welfare; amending s.

                                  19

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         39.201, F.S.; revising confidentiality of

 2         recorded central abuse hotline calls relating

 3         to child abuse, neglect, or abandonment;

 4         providing clarifying language for

 5         community-based care providers of foster care

 6         and related services; providing circumstances

 7         in which an officer or employee of the judicial

 8         branch is not required to report child abuse,

 9         abandonment, or neglect; amending s. 39.202,

10         F.S.; providing for the inclusion of the child

11         protection team in the list of those to whom an

12         alleged abuse reporter's name may be released;

13         amending s. 39.205, F.S.; exempting judges from

14         prosecution for failure to report; amending s.

15         39.301, F.S.; clarifying language relating to

16         initiation of protective investigations and

17         criminal investigations; clarifying that the

18         age of parents shall be factored into risk

19         assessments; changing certain time

20         requirements; amending s. 39.303, F.S.;

21         specifying additional supportive services to be

22         provided by child protection teams; requiring

23         certain training for medical personnel

24         participating in a child protection team;

25         revising reports of abuse, abandonment, or

26         neglect that must be referred to the Department

27         of Health for supportive services; revising

28         requirements relating to review of certain

29         cases of abuse, abandonment, or neglect and

30         standards for face-to-face medical evaluations

31         by a child protection team; requiring

                                  20

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                                                   HOUSE AMENDMENT

    hbd-08                         Bill No. CS/CS/HB 855, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         collaboration between certain state agencies

 2         relating to reports of child abuse,

 3         abandonment, and neglect; amending s. 39.304,

 4         F.S.; providing for disposition of

 5         investigative photographs of physical abuse

 6         injuries and sexual abuse trauma; amending s.

 7         39.402, F.S.; clarifying that the court must be

 8         informed of identified case plans at shelter

 9         hearings; amending s. 383.402, F.S.; deleting a

10         reference to the Kayla McKean Child Protection

11         Act; revising duties of the local child abuse

12         death review committee and district

13         coordinators; amending s. 409.145, F.S.;

14         authorizing the Department of Children and

15         Family Services to provide additional

16         assistance for certain individuals leaving

17         foster care; amending s. 409.1671, F.S.;

18         prescribing times when summaries of

19         investigations must be provided to the

20         community-based agency; amending s. 409.175,

21         F.S.; requiring a plan for streamlining foster

22         parent training; creating s. 409.1753, F.S.;

23         specifying duties of the Department of Children

24         and Family Services or its agents regarding

25         foster care;  repealing s. 1, ch. 99-168, Laws

26         of Florida, which provides a short title naming

27         the Act the Kayla McKean Child Protection Act;

28         providing an effective date.

29

30

31

                                  21

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