House Bill 0855c1

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    Florida House of Representatives - 2000              CS/HB 855

        By the Committee on Family Law & Children and
    Representatives Murman and Bullard





  1                      A bill to be entitled

  2         An act relating to child welfare; amending s.

  3         39.201, F.S.; revising confidentiality of

  4         recorded central abuse hotline calls relating

  5         to child abuse, neglect, or abandonment;

  6         providing clarifying language for

  7         community-based care providers of foster care

  8         and related services; amending s. 39.202, F.S.;

  9         providing for the inclusion of the child

10         protection team in the list of those to whom an

11         alleged abuse reporter's name may be released;

12         amending s. 39.301, F.S.; clarifying language

13         relating to initiation of protective

14         investigations; requiring criminal

15         investigations under certain circumstances;

16         clarifying that the age of parents shall be

17         factored into risk assessments; changing

18         certain time requirements; amending s. 39.303,

19         F.S.; specifying additional supportive services

20         to be provided by child protection teams;

21         requiring certain training for medical

22         personnel participating in a child protection

23         team; revising reports of abuse, abandonment,

24         or neglect that must be referred to the

25         Department of Health for supportive services;

26         revising requirements relating to review of

27         certain cases of abuse, abandonment, or neglect

28         and standards for face-to-face medical

29         evaluations by a child protection team;

30         requiring collaboration between certain state

31         agencies relating to reports of child abuse,

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  1         abandonment, and neglect; amending s. 39.304,

  2         F.S.; providing for disposition of

  3         investigative photographs of physical abuse

  4         injuries and sexual abuse trauma; amending s.

  5         39.402, F.S.; clarifying that the court must be

  6         informed of identified case plans at shelter

  7         hearings; amending s. 383.402, F.S.; revising

  8         duties of the local child abuse death review

  9         committee and district coordinators; amending

10         s. 409.1671, F.S.; deleting requirement that

11         the case-transfer process for contracts with

12         community-based agencies for provision of

13         foster care and related services identify

14         closure of protective investigations; requiring

15         a report at the conclusion of the

16         investigation; providing an effective date.

17

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

19

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

21  subsections (8) and (9) of section 39.201, Florida Statutes,

22  are amended to read:

23         39.201  Mandatory reports of child abuse, abandonment,

24  or neglect; mandatory reports of death; central abuse

25  hotline.--

26         (2)

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

28  outgoing calls that are received or placed by the central

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

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

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

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

  2  state attorneys for the purpose of investigating and

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

  4  employees of the department for the purpose of investigating

  5  and seeking administrative penalties pursuant to s. 39.206 is

  6  subject to the same confidentiality as is provided to the

  7  identity of the caller under s. 39.202.

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

  9  community-based care providers for privatization of foster

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

11  construed to remove or reduce the duty and responsibility of

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

13  privatization provider, to report a suspected or actual case

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

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

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

17  assurance program shall review calls reports to the hotline

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

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

20  harassment and situations that warrant an investigation

21  because of the frequency or variety of the source of the

22  reports. The assistant secretary may refer a case for

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

24  review, that an investigation may be warranted.

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

26  Statutes, is amended to read:

27         39.202  Confidentiality of reports and records in cases

28  of child abuse or neglect.--

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

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

31  other than employees of the department responsible for child

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  1  protective services, the central abuse hotline, law

  2  enforcement, the child protection team, or the appropriate

  3  state attorney, without the written consent of the person

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

  5  reporting child abuse, abandonment, or neglect when deemed

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

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

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

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

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

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

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

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

14  the outcome of the investigation. The department shall mail

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

16  the child protective investigation.

17         Section 3.  Subsection (2), paragraph (b) of subsection

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

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

20  amended to read:

21         39.301  Initiation of protective investigations.--

22         (2)  Upon notification by the department's central

23  abuse hotline under subsection (1), the department designated

24  child protective investigator shall immediately provide a copy

25  of the written report received from the child abuse hotline to

26  notify the appropriate law enforcement agency where of the

27  county in which the known or suspected child abuse,

28  abandonment, or neglect is believed to have occurred. Upon

29  receipt of the written a report, the law enforcement agency

30  must review the facts alleged in the report and determine

31  whether a criminal investigation of the case is warranted. A

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  1  criminal investigation shall be conducted by the law

  2  enforcement agency having jurisdiction when the facts alleged

  3  in the original report, or additional facts determined during

  4  the course of the department's investigation, would support

  5  one of the following findings:

  6         (a)  A child is the victim of child abuse, as defined

  7  in s. 827.03, or neglect, as defined in s. 827.03;

  8         (b)  A child has died as a result of abuse or neglect;

  9         (c)  A child is the victim of aggravated child abuse,

10  as defined in s. 827.03;

11         (d)  A child is the victim of sexual battery or sexual

12  abuse as defined in s. 39.01(64); or

13         (e)  A child is the victim of institutional abuse as

14  defined in s. 39.302(1).

15

16  When the law enforcement agency accepts the case for criminal

17  investigation, it shall coordinate its investigative

18  activities with the department whenever feasible and, if so,

19  shall conduct the criminal investigation that shall be

20  coordinated, whenever possible, with the child protective

21  investigation of the department or its agent.

22         (8)  The person responsible for the investigation shall

23  make a preliminary determination as to whether the report is

24  complete, consulting with the attorney for the department when

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

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

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

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

29  the appropriate law enforcement agency having investigative

30  jurisdiction, and request additional information in order to

31  complete the report; however, the confidentiality of any

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  1  report filed in accordance with this chapter shall not be

  2  violated.

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

  4  the protection and supervision of the court, the department

  5  shall file a petition for dependency.  A petition for

  6  dependency shall be filed in all cases classified by the

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

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

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

10  but not limited to, cases involving parents or legal

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

12  domestic violence.

13         (12)

14         (c)  The department, in consultation with the

15  judiciary, shall adopt by rule criteria that are factors

16  requiring that the department take the child into custody,

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

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

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

20  administrative review the department determines not to take

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

22  shall document the reason for its decision in writing and

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

24  accepted by the local law enforcement agency for criminal

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

26  include in the file written documentation that the

27  administrative review included input from law enforcement. In

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

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

30  must include written documentation that the administrative

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

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  1  evaluation. Factors that must be included in the development

  2  of the rule include noncompliance with the case plan developed

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

  4  chapter and prior abuse reports with findings that involve the

  5  child or caregiver.

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

  7  initial report, the local office of the department shall

  8  complete its investigation.

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

10  investigation into allegations of child abuse, neglect, or

11  abandonment, photographs documenting the abuse or neglect will

12  be taken when appropriate is participating in an

13  investigation, the agency shall take photographs of the

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

15  of the investigative file.

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

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

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

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

20  determination of whether or not prosecution is justified and

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

22         Section 4.  Section 39.303, Florida Statutes, is

23  amended to read:

24         39.303  Child protection teams; services; eligible

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

26  coordinate the services of one or more multidisciplinary child

27  protection teams in each of the service districts of the

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

29  composed of appropriate representatives of school districts

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

31  service, and law enforcement agencies. The Legislature finds

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  1  that optimal coordination of child protection teams and sexual

  2  abuse treatment programs requires collaboration between the

  3  Department of Health and the Department of Children and Family

  4  Services. The two departments shall maintain an interagency

  5  agreement that establishes protocols for oversight and

  6  operations of child protection teams and sexual abuse

  7  treatment programs. The Secretary of Health and the Deputy

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

  9  consultation with the Secretary of Children and Family

10  Services, shall maintain the responsibility for the screening,

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

12  protection team medical directors, at headquarters and in the

13  15 districts. Child protection team medical directors shall be

14  responsible for oversight of the teams in the districts.

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

16  the teams to supplement the assessment and protective

17  supervision activities of the family safety and preservation

18  program of the Department of Children and Family Services.

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

20  the duty and responsibility of any person to report pursuant

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

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

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

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

25  appropriate to abused, abandoned, and neglected children upon

26  referral.  The specialized diagnostic assessment, evaluation,

27  coordination, consultation, and other supportive services that

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

29  but are not limited to, the following:

30         (a)  Medical diagnosis and evaluation services,

31  including provision or interpretation of X rays and laboratory

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

  2  findings relative thereto.

  3         (b)  Telephone consultation services in emergencies and

  4  in other situations.

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

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

  7  Health.

  8         (d)  Such psychological and psychiatric diagnosis and

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

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

11  or any other individual involved in a child abuse,

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

13  needed.

14         (e)  Expert medical, psychological, and related

15  professional testimony in court cases.

16         (f)  Case staffings to develop treatment plans for

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

18  protection team may provide consultation with respect to a

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

20  neglected, which consultation shall be provided at the request

21  of a representative of the family safety and preservation

22  program or at the request of any other professional involved

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

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

25  protection team case staffing, consultation, or staff activity

26  involving a child, a family safety and preservation program

27  representative shall attend and participate.

28         (g)  Case service coordination and assistance,

29  including the location of services available from other public

30  and private agencies in the community.

31

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  1         (h)  Such training services for program and other

  2  employees of the Department of Children and Family Services,

  3  employees of the Department of Health, and other medical

  4  professionals as is deemed appropriate to enable them to

  5  develop and maintain their professional skills and abilities

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

  7         (i)  Educational and community awareness campaigns on

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

  9  citizens more successfully to prevent, identify, and treat

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

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

12  appropriate, medical evaluations, medical consultations,

13  family psychosocial interviews, specialized clinical

14  interviews, or forensic interviews.

15

16  All medical personnel participating on a child protection team

17  must successfully complete the required child protection team

18  training curriculum as set forth in protocols determined by

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

20  Statewide Medical Director for Child Protection.

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

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

23  Services to child protection teams of the Department of Health

24  for an assessment medical evaluation and other appropriate

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

26  include cases involving:

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

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

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

30  under.

31

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

  2  anal penetration is alleged or in which other unlawful sexual

  3  conduct has been determined to have occurred.

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

  5  transmitted disease, in a prepubescent child.

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

  7  a child to thrive.

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

  9  neglect of a child.

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

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

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

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

14  sibling or other child remains in the home.

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

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

17  is suspected.

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

19         (3)  All abuse and neglect cases transmitted for

20  investigation to a district by the hotline must be

21  simultaneously transmitted to the Department of Health child

22  protection team for review. For the purpose of determining

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

24  team is necessary, all cases transmitted to the child

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

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

27  registered nurse practitioner under the supervision of such

28  pediatrician for the purpose of determining whether a

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

30  necessary.

31

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

  2  459 who holds board certification in pediatrics and is a

  3  member of a child protection team;

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

  5  459 who holds board certification in a specialty other than

  6  pediatrics, who may complete the review only when working

  7  under the direction of a physician licensed under chapter 458

  8  or chapter 459 who holds board certification in pediatrics and

  9  is a member of a child protection team;

10         (c)  An advanced registered nurse practitioner licensed

11  under chapter 464 who has a speciality in pediatrics and is a

12  member of a child protection team;

13         (d)  A physician assistant licensed under chapter 458

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

15  under the direct supervision of a physician licensed under

16  chapter 458 or chapter 459 who holds board certification in

17  pediatrics and is a member of a child protection team; or

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

19  may complete the review only when working under the direct

20  supervision of a physician licensed under chapter 458 or

21  chapter 459 who holds certification in pediatrics and is a

22  member of a child protection team.

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

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

25  determined that

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

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

28  the child protection team, and a consultation between the

29  child protection team board-certified pediatrician, advanced

30  registered or nurse practitioner, physician assistant working

31  under the direct supervision of a child protection team

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  1  board-certified pediatrician, or registered nurse working

  2  under the direct supervision of a child protection team

  3  board-certified pediatrician, and the examining physician

  4  concludes that a further medical evaluation is unnecessary;

  5         (b)  The child protective investigator, with

  6  supervisory approval, has determined, after conducting a child

  7  safety assessment, that there are no indications of injuries

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

  9         (c)  The child protection team board-certified

10  pediatrician or advanced registered nurse practitioner as

11  authorized in subsection (3) determines that a medical

12  evaluation is not required.

13

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

15  protection team pediatrician or advanced registered nurse

16  practitioner, as authorized in subsection (3), may determine

17  that a face-to-face medical evaluation is necessary.

18         (5)(4)  In all instances in which a child protection

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

20  neglected children, other offices and units of the Department

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

22  and Family Services, shall avoid duplicating the provision of

23  those services.

24         (6)  The Department of Health child protection team

25  quality assurance program and the Department of Children and

26  Family Services' Family Safety Program Office quality

27  assurance program shall collaborate to ensure referrals and

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

29  appropriate.  Each quality assurance program shall include a

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

31  abandonment, or neglect and the findings of these reviews

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  1  shall be included in each department's quality assurance

  2  reports.

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

  4  Statutes, is amended to read:

  5         39.304  Photographs, medical examinations, X rays, and

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

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

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

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

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

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

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

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

14  physical abuse injuries, or duplicates thereof, shall be

15  provided to the department for inclusion in the investigative

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

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

18  medical record.

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

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

21  complains or otherwise exhibits distress as a result of injury

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

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

24  investigate may cause the child to be referred for diagnosis

25  to a licensed physician or an emergency department in a

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

27  custodian. Such examination may be performed by any licensed

28  physician or an advanced registered nurse practitioner

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

30  advanced registered nurse practitioner licensed pursuant to

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

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

  2  may authorize a radiological examination to be performed on

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

  4  custodian.

  5         Section 6.  Paragraph (f) of subsection (8) of section

  6  39.402, Florida Statutes, is amended to read:

  7         39.402  Placement in a shelter.--

  8         (8)

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

10  inform the court of:

11         1.  Any identified current or previous case plans

12  negotiated in any district with the parents or caregivers

13  under this chapter and problems associated with compliance;

14         2.  Any adjudication of the parents or caregivers of

15  delinquency;

16         3.  Any past or current injunction for protection from

17  domestic violence; and

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

19  prior 12 months.

20         Section 7.  Subsection (7) and paragraph (g) of

21  subsection (18) of section 383.402, Florida Statutes, are

22  amended to read:

23         383.402  Child abuse death review; State Child Abuse

24  Death Review Committee; local child abuse death review

25  committees.--

26         (7)  Each local child abuse death review committee

27  shall:

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

29  are reported to the Office of Vital Statistics.

30

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

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

  3  with the protocol established by the state committee.

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

  5  state committee. The reports must include nonidentifying

  6  information on individual cases and the steps taken by the

  7  local committee and private and public agencies to implement

  8  necessary changes and improve the coordination of services and

  9  reviews.

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

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

12  from child abuse.

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

14  by the state committee.

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

16  committee review the data of a particular case.

17         (18)  Each district administrator of the Department of

18  Children and Family Services must appoint a child abuse death

19  review coordinator for the district. The coordinator must have

20  knowledge and expertise in the area of child abuse and

21  neglect. The coordinator's general responsibilities include:

22         (g)  Notifying the district administrator, the

23  Secretary of Children and Family Services, and the Deputy

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

25  Department of Health Child Abuse Death Review Coordinator

26  Assistant Health Officer of all child abuse deaths meeting

27  criteria for review as specified in this section within 1

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

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

30         Section 8.  Subsection (3) of section 409.1671, Florida

31  Statutes, is amended to read:

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  1         409.1671  Foster care and related services;

  2  privatization.--

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

  4  protection system, the department shall ensure that contracts

  5  entered into with community-based agencies pursuant to this

  6  section include provisions for a case-transfer process to

  7  determine the date that the community-based agency will

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

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

10  protective investigation and the initiation of service

11  provision. At the point of case transfer, as well as at the

12  conclusion of an investigation, the department must provide a

13  complete summary of the findings of the investigation to the

14  community-based agency.

15         (b)  The contracts must also ensure that each

16  community-based agency shall furnish regular status reports of

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

18  provider may not discontinue services without prior written

19  notification to the department. After discontinuing services

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

21  must provide a written case summary, including its assessment

22  of the child and family, to the department.

23         (c)  The annual contract between the department and

24  community-based agencies must include provisions that specify

25  the procedures to be used by the parties to resolve

26  differences in interpreting the contract or to resolve

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

28  their respective obligations under the contract.

29         Section 9.  This act shall take effect upon becoming a

30  law.

31

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