House Bill 0855e1

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                                     CS/CS/HB 855, First Engrossed



  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 circumstances in which an officer or

  7         employee of the judicial branch is not required

  8         to report child abuse, abandonment, or neglect;

  9         providing clarifying language for

10         community-based care providers of foster care

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

12         providing for the inclusion of the child

13         protection team in the list of those to whom an

14         alleged abuse reporter's name may be released;

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

16         prosecution for failure to report; amending s.

17         39.301, F.S., relating to protective

18         investigation; providing procedures pursuant to

19         allegations of criminal conduct; providing for

20         criminal investigation by local law enforcement

21         agencies; clarifying that the age of parents

22         shall be factored into risk assessments;

23         changing certain time requirements; amending s.

24         39.303, F.S.; specifying additional supportive

25         services to be provided by child protection

26         teams; requiring certain training for medical

27         personnel participating in a child protection

28         team; revising reports of abuse, abandonment,

29         or neglect that must be referred to the

30         Department of Health for supportive services;

31         revising requirements relating to review of


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                                     CS/CS/HB 855, First Engrossed



  1         certain cases of abuse, abandonment, or neglect

  2         and standards for face-to-face medical

  3         evaluations by a child protection team;

  4         requiring collaboration between certain state

  5         agencies relating to reports of child abuse,

  6         abandonment, and neglect; amending s. 39.304,

  7         F.S.; providing for disposition of

  8         investigative photographs of physical abuse

  9         injuries and sexual abuse trauma; amending s.

10         39.402, F.S.; clarifying that the court must be

11         informed of identified case plans at shelter

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

13         duties of the state and local child abuse death

14         review committees and district coordinators;

15         amending s. 409.145, F.S.; authorizing the

16         Department of Children and Family Services to

17         provide additional assistance for certain

18         individuals leaving foster care; amending s.

19         409.1671, F.S.; deleting requirement that the

20         case-transfer process for contracts with

21         community-based agencies for provision of

22         foster care and related services identify

23         closure of protective investigations; requiring

24         a report at the conclusion of the

25         investigation; providing an effective date.

26

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

28

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

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

31  Statutes, are amended to read:


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                                     CS/CS/HB 855, First Engrossed



  1         39.201  Mandatory reports of child abuse, abandonment,

  2  or neglect; mandatory reports of death; central abuse

  3  hotline.--

  4         (2)

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

  6  outgoing calls that are received or placed by the central

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

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

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

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

11  state attorneys for the purpose of investigating and

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

13  employees of the department for the purpose of investigating

14  and seeking administrative penalties pursuant to s. 39.206 is

15  subject to the same confidentiality as is provided to the

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

17  paragraph shall prohibit the use of the recordings by hotline

18  staff for quality assurance and training.

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

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

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

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

23  again report to the central abuse hotline the abuse,

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

25  for treatment.

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

27  employee of the judicial branch to again provide notice of

28  reasonable cause to suspect child abuse, abandonment, or

29  neglect when that child is currently being investigated by the

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

31  matter has previously been reported to the department,


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                                     CS/CS/HB 855, First Engrossed



  1  provided there is reasonable cause to believe the information

  2  is already known to the department.  This paragraph applies

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

  4  employee in the course of official duties.

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

  6  community-based care providers for privatization of foster

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

  8  construed to remove or reduce the duty and responsibility of

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

10  privatization provider, to report a suspected or actual case

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

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

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

14  assurance program shall review calls reports to the hotline

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

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

17  harassment and situations that warrant an investigation

18  because of the frequency or variety of the source of the

19  reports. The assistant secretary may refer a case for

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

21  review, that an investigation may be warranted.

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

23  Statutes, is amended to read:

24         39.202  Confidentiality of reports and records in cases

25  of child abuse or neglect.--

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

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

28  other than employees of the department responsible for child

29  protective services, the central abuse hotline, law

30  enforcement, the child protection team, or the appropriate

31  state attorney, without the written consent of the person


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                                     CS/CS/HB 855, First Engrossed



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

  2  reporting child abuse, abandonment, or neglect when deemed

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

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

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

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

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

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

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

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

11  the outcome of the investigation. The department shall mail

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

13  the child protective investigation.

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

15  Statutes, is amended to read:

16         39.205  Penalties relating to reporting of child abuse,

17  abandonment, or neglect.--

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

19  suspected child abuse, abandonment, or neglect and who

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

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

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

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

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

25  not be subject to criminal prosecution when the information

26  was received in the course of official duties.

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

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

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

30  amended to read:

31         39.301  Initiation of protective investigations.--


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                                     CS/CS/HB 855, First Engrossed



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

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

  3  designated child protective investigator shall immediately

  4  forward allegations of criminal conduct to the municipal or

  5  county notify the appropriate law enforcement agency of the

  6  municipality or county in which the alleged conduct has known

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

  8  to have occurred.

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

10  conduct" means:

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

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

13  child, as defined in s. 827.03.

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

15  result of abuse or neglect.

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

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

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

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

20  as defined in s. 39.01.

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

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

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

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

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

26  the law enforcement agency shall must review the information

27  in the written report to and determine whether a criminal

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

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

30  criminal investigation that shall be coordinated, it shall

31  coordinate its investigative activities with the department,


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                                     CS/CS/HB 855, First Engrossed



  1  whenever feasible possible, with the child protective

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

  3  enforcement agency does not accept the case for criminal

  4  investigation, the agency shall notify the department in

  5  writing.

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

  7  39.306 shall describe the specific local protocols for

  8  implementing this section.

  9         (8)  The person responsible for the investigation shall

10  make a preliminary determination as to whether the report is

11  complete, consulting with the attorney for the department when

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

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

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

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

16  the appropriate law enforcement agency having investigative

17  jurisdiction, and request additional information in order to

18  complete the report; however, the confidentiality of any

19  report filed in accordance with this chapter shall not be

20  violated.

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

22  the protection and supervision of the court, the department

23  shall file a petition for dependency.  A petition for

24  dependency shall be filed in all cases classified by the

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

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

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

28  but not limited to, cases involving parents or legal

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

30  domestic violence.

31         (12)


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                                     CS/CS/HB 855, First Engrossed



  1         (c)  The department, in consultation with the

  2  judiciary, shall adopt by rule criteria that are factors

  3  requiring that the department take the child into custody,

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

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

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

  7  administrative review the department determines not to take

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

  9  shall document the reason for its decision in writing and

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

11  accepted by the local law enforcement agency for criminal

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

13  include in the file written documentation that the

14  administrative review included input from law enforcement. In

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

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

17  must include written documentation that the administrative

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

19  evaluation. Factors that must be included in the development

20  of the rule include noncompliance with the case plan developed

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

22  chapter and prior abuse reports with findings that involve the

23  child or caregiver.

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

25  initial report, the local office of the department shall

26  complete its investigation.

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

28  investigation into allegations of child abuse, neglect, or

29  abandonment, photographs documenting the abuse or neglect will

30  be taken when appropriate is participating in an

31  investigation, the agency shall take photographs of the


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                                     CS/CS/HB 855, First Engrossed



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

  2  of the investigative file.

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

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

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

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

  7  determination of whether or not prosecution is justified and

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

  9         Section 5.  Section 39.303, Florida Statutes, is

10  amended to read:

11         39.303  Child protection teams; services; eligible

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

13  coordinate the services of one or more multidisciplinary child

14  protection teams in each of the service districts of the

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

16  composed of appropriate representatives of school districts

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

18  service, and law enforcement agencies. The Legislature finds

19  that optimal coordination of child protection teams and sexual

20  abuse treatment programs requires collaboration between the

21  Department of Health and the Department of Children and Family

22  Services. The two departments shall maintain an interagency

23  agreement that establishes protocols for oversight and

24  operations of child protection teams and sexual abuse

25  treatment programs. The Secretary of Health and the Deputy

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

27  consultation with the Secretary of Children and Family

28  Services, shall maintain the responsibility for the screening,

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

30  protection team medical directors, at headquarters and in the

31


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                                     CS/CS/HB 855, First Engrossed



  1  15 districts. Child protection team medical directors shall be

  2  responsible for oversight of the teams in the districts.

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

  4  the teams to supplement the assessment and protective

  5  supervision activities of the family safety and preservation

  6  program of the Department of Children and Family Services.

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

  8  the duty and responsibility of any person to report pursuant

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

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

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

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

13  appropriate to abused, abandoned, and neglected children upon

14  referral.  The specialized diagnostic assessment, evaluation,

15  coordination, consultation, and other supportive services that

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

17  but are not limited to, the following:

18         (a)  Medical diagnosis and evaluation services,

19  including provision or interpretation of X rays and laboratory

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

21  findings relative thereto.

22         (b)  Telephone consultation services in emergencies and

23  in other situations.

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

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

26  Health.

27         (d)  Such psychological and psychiatric diagnosis and

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

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

30  or any other individual involved in a child abuse,

31


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                                     CS/CS/HB 855, First Engrossed



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

  2  needed.

  3         (e)  Expert medical, psychological, and related

  4  professional testimony in court cases.

  5         (f)  Case staffings to develop treatment plans for

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

  7  protection team may provide consultation with respect to a

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

  9  neglected, which consultation shall be provided at the request

10  of a representative of the family safety and preservation

11  program or at the request of any other professional involved

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

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

14  protection team case staffing, consultation, or staff activity

15  involving a child, a family safety and preservation program

16  representative shall attend and participate.

17         (g)  Case service coordination and assistance,

18  including the location of services available from other public

19  and private agencies in the community.

20         (h)  Such training services for program and other

21  employees of the Department of Children and Family Services,

22  employees of the Department of Health, and other medical

23  professionals as is deemed appropriate to enable them to

24  develop and maintain their professional skills and abilities

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

26         (i)  Educational and community awareness campaigns on

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

28  citizens more successfully to prevent, identify, and treat

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

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

31  appropriate, medical evaluations, medical consultations,


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                                     CS/CS/HB 855, First Engrossed



  1  family psychosocial interviews, specialized clinical

  2  interviews, or forensic interviews.

  3

  4  All medical personnel participating on a child protection team

  5  must successfully complete the required child protection team

  6  training curriculum as set forth in protocols determined by

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

  8  Statewide Medical Director for Child Protection.

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

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

11  Services to child protection teams of the Department of Health

12  for an assessment medical evaluation and other appropriate

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

14  include cases involving:

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

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

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

18  under.

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

20  anal penetration is alleged or in which other unlawful sexual

21  conduct has been determined to have occurred.

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

23  transmitted disease, in a prepubescent child.

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

25  a child to thrive.

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

27  neglect of a child.

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

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

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

31


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                                     CS/CS/HB 855, First Engrossed



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

  2  sibling or other child remains in the home.

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

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

  5  is suspected.

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

  7         (3)  All abuse and neglect cases transmitted for

  8  investigation to a district by the hotline must be

  9  simultaneously transmitted to the Department of Health child

10  protection team for review. For the purpose of determining

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

12  team is necessary, all cases transmitted to the child

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

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

15  registered nurse practitioner under the supervision of such

16  pediatrician for the purpose of determining whether a

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

18  necessary.

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

20  459 who holds board certification in pediatrics and is a

21  member of a child protection team;

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

23  459 who holds board certification in a specialty other than

24  pediatrics, who may complete the review only when working

25  under the direction of a physician licensed under chapter 458

26  or chapter 459 who holds board certification in pediatrics and

27  is a member of a child protection team;

28         (c)  An advanced registered nurse practitioner licensed

29  under chapter 464 who has a speciality in pediatrics or family

30  medicine and is a member of a child protection team;

31


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                                     CS/CS/HB 855, First Engrossed



  1         (d)  A physician assistant licensed under chapter 458

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

  3  under the supervision of a physician licensed under chapter

  4  458 or chapter 459 who holds board certification in pediatrics

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

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

  7  may complete the review only when working under the direct

  8  supervision of a physician licensed under chapter 458 or

  9  chapter 459 who holds certification in pediatrics and is a

10  member of a child protection team.

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

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

13  determined that

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

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

16  the child protection team, and a consultation between the

17  child protection team board-certified pediatrician, advanced

18  registered or nurse practitioner, physician assistant working

19  under the supervision of a child protection team

20  board-certified pediatrician, or registered nurse working

21  under the direct supervision of a child protection team

22  board-certified pediatrician, and the examining physician

23  concludes that a further medical evaluation is unnecessary;

24         (b)  The child protective investigator, with

25  supervisory approval, has determined, after conducting a child

26  safety assessment, that there are no indications of injuries

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

28         (c)  The child protection team board-certified

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

30  a medical evaluation is not required.

31


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

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

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

  4  necessary.

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

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

  7  neglected children, other offices and units of the Department

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

  9  and Family Services, shall avoid duplicating the provision of

10  those services.

11         (6)  The Department of Health child protection team

12  quality assurance program and the Department of Children and

13  Family Services' Family Safety Program Office quality

14  assurance program shall collaborate to ensure referrals and

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

16  appropriate.  Each quality assurance program shall include a

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

18  abandonment, or neglect and the findings of these reviews

19  shall be included in each department's quality assurance

20  reports.

21         Section 6.  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 shall be made part of the child protection team

  5  medical record.

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

24  39.402, Florida Statutes, is amended to read:

25         39.402  Placement in a shelter.--

26         (8)

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

28  inform the court of:

29         1.  Any identified current or previous case plans

30  negotiated in any district with the parents or caregivers

31  under this chapter and problems associated with compliance;


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  1         2.  Any adjudication of the parents or caregivers of

  2  delinquency;

  3         3.  Any past or current injunction for protection from

  4  domestic violence; and

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

  6  prior 12 months.

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

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

  9  Florida Statutes, are amended to read:

10         383.402  Child abuse death review; State Child Abuse

11  Death Review Committee; local child abuse death review

12  committees.--

13         (3)  The State Child Abuse Death Review Committee

14  shall:

15         (i)  Educate the public regarding the provisions of

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

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

18  by which such deaths may be prevented.

19         (7)  Each local child abuse death review committee

20  shall:

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

22  are reported to the Office of Vital Statistics.

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

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

25  with the protocol established by the state committee.

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

27  state committee. The reports must include nonidentifying

28  information on individual cases and the steps taken by the

29  local committee and private and public agencies to implement

30  necessary changes and improve the coordination of services and

31  reviews.


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

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

  3  from child abuse.

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

  5  by the state committee.

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

  7  committee review the data of a particular case.

  8         (18)  Each district administrator of the Department of

  9  Children and Family Services must appoint a child abuse death

10  review coordinator for the district. The coordinator must have

11  knowledge and expertise in the area of child abuse and

12  neglect. The coordinator's general responsibilities include:

13         (g)  Notifying the district administrator, the

14  Secretary of Children and Family Services, and the Deputy

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

16  Department of Health Child Abuse Death Review Coordinator

17  Assistant Health Officer of all child abuse deaths meeting

18  criteria for review as specified in this section within 1

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

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

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

22  409.145, Florida Statutes, is amended to read:

23         409.145  Care of children.--

24         (3)

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

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

27  the period of time the individual is continuously enrolled in

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

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

30  education program. Services shall be terminated upon

31  completion of or withdrawal or permanent expulsion from high


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  1  school, the program leading to a high school equivalency

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

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

  4  funds, provide assistance to those individuals who leave

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

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

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

  8  employment, services for educational or vocational

  9  development, and housing assistance.

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

11  Florida Statutes, is amended to read:

12         409.1671  Foster care and related services;

13  privatization.--

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

15  protection system, the department shall ensure that contracts

16  entered into with community-based agencies pursuant to this

17  section include provisions for a case-transfer process to

18  determine the date that the community-based agency will

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

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

21  protective investigation and the initiation of service

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

23  conclusion of an investigation, the department must provide a

24  complete summary of the findings of the investigation to the

25  community-based agency.

26         (b)  The contracts must also ensure that each

27  community-based agency shall furnish regular status reports of

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

29  provider may not discontinue services without prior written

30  notification to the department. After discontinuing services

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


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  1  must provide a written case summary, including its assessment

  2  of the child and family, to the department.

  3         (c)  The annual contract between the department and

  4  community-based agencies must include provisions that specify

  5  the procedures to be used by the parties to resolve

  6  differences in interpreting the contract or to resolve

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

  8  their respective obligations under the contract.

  9         Section 11.  This act shall take effect upon becoming a

10  law.

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