House Bill hb1145

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    Florida House of Representatives - 2001                HB 1145

        By Representative Murman






  1                      A bill to be entitled

  2         An act relating to foster care and related

  3         services; amending s. 39.521, F.S.; providing

  4         for court-ordered placement of certain children

  5         with a history of multiple placements into

  6         residential group care; amending s. 409.1671,

  7         F.S.; providing an additional requirement for

  8         eligible lead community-based providers

  9         competing for a foster care privatization

10         project; providing a procedure for

11         implementation of privatization if attempts to

12         competitively procure services through eligible

13         lead community-based providers fail; creating

14         s. 409.16735, F.S.; providing for establishment

15         of a comprehensive residential services

16         program; providing legislative intent;

17         providing definitions; directing the Department

18         of Children and Family Services to contract

19         with specified entities for the provision of

20         services; directing the department to establish

21         model comprehensive residential services

22         programs in specified districts through such

23         contracts for services; specifying model

24         program elements; requiring comprehensive

25         residential services programs, including the

26         model programs, to be operational by a

27         specified time; requiring status reports on

28         implementation; providing for annual program

29         evaluations; providing legal authority to the

30         entities providing services for performance of

31         certain activities; requiring the department to

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  1         provide technical assistance and contract for

  2         management services; authorizing the entities

  3         providing services to obtain certain resources

  4         for services; providing for annual funding;

  5         amending s. 409.175, F.S.; providing for

  6         issuance of a 3-year family foster home license

  7         if certain standards are met; amending s.

  8         784.081, F.S.; providing enhanced penalties for

  9         assault or battery upon an employee or

10         subcontractor of a lead agency contracting with

11         the department; providing an effective date.

12

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

14

15         Section 1.  Paragraph (e) is added to subsection (3) of

16  section 39.521, Florida Statutes, to read:

17         39.521  Disposition hearings; powers of disposition.--

18         (3)  When any child is adjudicated by a court to be

19  dependent, the court shall determine the appropriate placement

20  for the child as follows:

21         (e)  If the child is 8 years of age or older, and has

22  been in foster care for at least 6 months and has subsequently

23  been moved more than once, the child shall be placed in, and

24  remain in, residential group care unless the court determines

25  that such placement is not in the child's best interest.

26

27  Protective supervision continues until the court terminates it

28  or until the child reaches the age of 18, whichever date is

29  first. Protective supervision shall be terminated by the court

30  whenever the court determines that permanency has been

31  achieved for the child, whether with a parent, another

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  1  relative, or a legal custodian, and that protective

  2  supervision is no longer needed. The termination of

  3  supervision may be with or without retaining jurisdiction, at

  4  the court's discretion, and shall in either case be considered

  5  a permanency option for the child. The order terminating

  6  supervision by the department shall set forth the powers of

  7  the custodian of the child and shall include the powers

  8  ordinarily granted to a guardian of the person of a minor

  9  unless otherwise specified. Upon the court's termination of

10  supervision by the department, no further judicial reviews are

11  required, so long as permanency has been established for the

12  child.

13         Section 2.  Paragraph (b) of subsection (1) of section

14  409.1671, Florida Statutes, is amended, paragraphs (c) through

15  (h) are redesignated as paragraphs (d) through (i),

16  respectively, and a new paragraph (c) is added to said

17  subsection, to read:

18         409.1671  Foster care and related services;

19  privatization.--

20         (1)

21         (b)  As used in this section, the term "eligible lead

22  community-based provider" means a single agency with which the

23  department shall contract for the provision of child

24  protective services in a community that is no smaller than a

25  county. The secretary of the department may authorize more

26  than one eligible lead community-based provider within a

27  single county when to do so will result in more effective

28  delivery of foster care and related services. To compete for a

29  privatization project, such agency must have:

30

31

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  1         1.  The ability to coordinate, integrate, and manage

  2  all child protective services in the designated community in

  3  cooperation with child protective investigations.

  4         2.  The ability to ensure continuity of care from entry

  5  to exit for all children referred from the protective

  6  investigation and court systems.

  7         3.  The ability to provide directly, or contract for

  8  through a local network of providers, all necessary child

  9  protective services.

10         4.  The willingness to accept accountability for

11  meeting the outcomes and performance standards related to

12  child protective services established by the Legislature and

13  the Federal Government.

14         5.  The capability and the willingness to serve all

15  children referred to it from the protective investigation and

16  court systems, regardless of the level of funding allocated to

17  the community by the state, provided all related funding is

18  transferred.

19         6.  The willingness to ensure that each individual who

20  provides child protective services completes the training

21  required of child protective service workers by the Department

22  of Children and Family Services.

23         7.  The ability to maintain eligibility to receive all

24  federal child welfare funds currently being utilized by the

25  Department of Children and Family Services, including public

26  assistance funds under Title IV-E and Title IV-A of the Social

27  Security Act.

28         (c)  If attempts to competitively procure services

29  through an eligible lead community-based provider as defined

30  in paragraph (b) do not produce a capable and willing agency,

31  the Department of Children and Family Services shall develop a

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  1  plan in collaboration with the local community alliances.  The

  2  plan shall detail how the community will continue to implement

  3  privatization through competitively procuring either the

  4  specific components of foster care and related services or

  5  comprehensive services for defined eligible populations of

  6  children and families from qualified licensed agencies as part

  7  of its efforts to develop the local capacity for a

  8  community-based system of coordinated care. The plan shall

  9  ensure local control of service provision and may include

10  recognized best business practices, including some form of

11  public-private partnerships.

12         Section 3.  Section 409.16735, Florida Statutes, is

13  created to read:

14         409.16735  Comprehensive residential services program;

15  model programs.--

16         (1)  INTENT.--It is the intent of the Legislature to

17  provide comprehensive residential services, including

18  residential care, case management, and other services, to

19  children in the child protection system who have special

20  needs, such as serious behavior problems, or who have been

21  determined to be without the options of reunification with

22  family or adoption. These services shall be provided by a

23  not-for-profit corporation or a local government entity, under

24  contract with the Department of Children and Family Services,

25  or by a lead agency as described in s. 409.1671. It is

26  intended that these contracts be designed to serve an

27  identified number of children and include a full array of

28  services, for a fixed price. These services are designed for

29  children who must enter the foster care system, but the use of

30  relative placement as part of a child's care is encouraged.

31         (2)  DEFINITIONS.--For purposes of this section:

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  1         (a)  "Residential care" means a living environment for

  2  children 8 years of age and older who are adjudicated

  3  dependent and are expected to be in foster care, or to live in

  4  a group home with 24-hour awake staff, for a minimum of 6

  5  months. All living arrangements must be appropriately licensed

  6  in this state.

  7         (b)  "Serious behavior problems" means behaviors of

  8  children who have been assessed by a licensed masters-level

  9  human services professional, at a minimum, and have been found

10  to need intensive services, but who do not meet the criteria

11  for crisis hospitalization or long-term residential treatment.

12         (3)  COMPREHENSIVE RESIDENTIAL SERVICES PROGRAM.--The

13  department, in accordance with a specific appropriation for

14  this program, shall contract with a not-for-profit

15  corporation, a local government entity, or a lead agency

16  established under s. 409.1671, for the provision of

17  comprehensive residential services as described in this

18  section in, at a minimum, districts 4, 11, and 12 and the

19  Suncoast Region of the department. The department may contract

20  with a not-for-profit corporation serving children in multiple

21  districts. A lead agency that is currently providing

22  residential care may provide this service directly, with the

23  approval of the local community alliance. The department or a

24  lead agency may contract for more than one site in a county if

25  such action is determined to be the most effective way to

26  achieve the goals of this section.

27         (a)  The lead agency, contracted not-for-profit

28  corporation, or local government entity shall be responsible

29  for providing, for the children served under the program, a

30  comprehensive assessment, residential care, transportation,

31  behavioral health services, recreational activities, and the

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  1  clothing, supplies, and miscellaneous expenses associated with

  2  caring for the children; for providing or arranging for the

  3  provision of educational services; and for assuring necessary

  4  and appropriate health and dental care, legal services, and

  5  aftercare services.

  6         (b)  The department may transfer all casework

  7  responsibilities for the children served under the program to

  8  the entity providing services, including case management,

  9  development and implementation of a case plan in accordance

10  with current child protection services standards, and all

11  related court work. For a program site established in a

12  community with a lead agency, the casework responsibilities

13  shall be transferred to the lead agency.

14         (4)  MODEL PROGRAMS.--The department shall establish

15  model comprehensive residential services programs in

16  Miami-Dade and Manatee Counties through contracts with lead

17  agencies established in accordance with s. 409.1761 or, where

18  no lead agency exists, with a not-for-profit corporation

19  capable of providing residential group care and home-based

20  care and experienced in the delivery of a range of services to

21  foster children. The model programs shall serve that portion

22  of eligible children within each county specified in the

23  contract, based on funds appropriated, and shall include a

24  full array of services, for a fixed price. The lead agency or

25  not-for-profit corporation shall be responsible for all

26  programmatic functions necessary to carry out the intent of

27  this subsection. Each model program shall include the

28  following elements:

29         (a)  A focus on serving the full range of children in

30  foster care, including children with specialized needs such as

31  children who are unlikely to be reunited with their families

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  1  or placed in adoptive homes, sibling groups, children with

  2  serious behavior problems, and children who are victims of

  3  sexual abuse.

  4         (b)  For each child in care, the provision of or

  5  arrangement for a comprehensive assessment; residential care;

  6  transportation; behavioral health services; recreational

  7  activities; clothing, supplies, and miscellaneous expenses

  8  associated with caring for the child; educational services;

  9  necessary and appropriate health and dental care; legal

10  services; and aftercare services.

11         (c)  A commitment and ability to find and utilize

12  innovative approaches to addressing the problems in the

13  traditional foster care system, such as high caregiver

14  turnover, disrupted and multiple placements, runaway behavior,

15  and abusive or nontherapeutic care.

16         (d)  The provision of a full range of residential

17  services tailored to the individual needs of each child in

18  care, including group homes for initial assessment and

19  stabilization; professional and traditional foster homes;

20  residential group care provided in homelike residences housing

21  not more than 12 children and staffed with full-time,

22  appropriately trained house parents; and independent living

23  apartments.

24         (e)  The provision of the full range of administrative

25  services necessary to operate the model program.

26         (f)  Specific eligibility criteria, established in the

27  contract, including a "no reject, no eject" commitment with

28  the eligible children, subject to a court's determination that

29  a placement is not in a child's best interest.

30

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  1         (g)  An ability, through its trained multidisciplinary

  2  staff, to facilitate the achievement of the permanency goals

  3  of the children in care.

  4         (h)  The design and utilization of a volunteer mentor

  5  program which will draw on the skills of retired individuals

  6  to help meet the needs of both the children in care and their

  7  caregivers.

  8         (i)  The willingness and ability to assume financial

  9  risk for the care of children referred to the model program

10  pursuant to the contract.

11         (j)  The willingness and ability to serve as a research

12  and teaching laboratory for departmental and community-based

13  care programs throughout the state in an effort to improve the

14  quality of foster care.

15         (5)  PROGRAM REQUIREMENTS.--The programs established in

16  this section shall:

17         (a)  Be operational within 6 months after the effective

18  date of this act. The department shall provide monthly written

19  status reports to the President of the Senate, the Speaker of

20  the House of Representatives, and the chairs and staff

21  directors of the appropriate committees of the Senate and

22  House of Representatives on the progress toward implementation

23  until full operation is realized.

24         (b)  Be included as part of the annual evaluation

25  required under s. 409.1671. The annual evaluation of the

26  programs established in this section must be conducted by an

27  independent third party and must include, for each specific

28  program site, the level of attainment of the targeted outcomes

29  listed in paragraph (c). The evaluation of the model programs

30  shall include, at a minimum, an assessment of their

31  cost-effectiveness and their ability to successfully implement

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  1  the assigned program elements and meet performance standards,

  2  including legislatively established standards for similar

  3  programs and other standards determined jointly by the

  4  department and providers and established in contract.

  5         (c)  Meet the following expectations, which must be

  6  included in the contract with the department or lead agency:

  7         1.  No more than 10 percent of the children served

  8  shall be moved from one living environment to another, unless

  9  the child is being returned to family members or moved in

10  accordance with the treatment plan to a less restrictive

11  setting. All children shall have a comprehensive transitional

12  plan that identifies the child's living arrangement upon

13  leaving the program and the specific steps and services being

14  provided to prepare for that arrangement. Specific time

15  expectations for the achievement of the children's permanency

16  goals shall be included in the contract.

17         2.  All children shall receive a full academic year of

18  appropriate educational instruction. Each child shall

19  demonstrate academic progress and be performing at grade level

20  or at a level commensurate with a valid academic assessment.

21  No more than 10 percent of the children shall have more than

22  one academic setting in an academic year, unless the child is

23  being moved in accordance with an educational plan to a less

24  restrictive setting.

25         3.  Siblings shall be kept together at all times, in

26  the same living environment, unless specifically

27  contraindicated by the comprehensive assessment.

28         4.  The caregiver turnover rate and the incidence of

29  child runaway episodes must be at least 50 percent below the

30  rates experienced in the rest of the state.

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  1         5.  In addition to providing a comprehensive

  2  assessment, any or all of the following services indicated by

  3  the assessment must be provided at all times: residential

  4  care; transportation; behavioral health services; recreational

  5  activities; clothing, supplies, and miscellaneous expenses

  6  associated with caring for the children served under the

  7  programs; educational services or arrangement for the

  8  provision of such services; and necessary and appropriate

  9  health and dental care, legal services, and aftercare

10  services.

11         6.  Outcome measures to determine whether the children

12  served are satisfied with the services and living environments

13  provided under these programs.

14         7.  Outcome measures to determine whether the

15  caregivers are satisfied with the programs.

16         (6)  LEGAL AUTHORITY.--The entity providing services

17  shall have the legal authority to enroll children served under

18  these programs in school, sign for their driver's licenses,

19  cosign for loans and insurance coverage for them, sign for

20  their medical treatment, and perform other such activities.

21         (7)  TECHNICAL ASSISTANCE.--The department shall

22  provide technical assistance, as requested, and contract for

23  management services, for the programs established in this

24  section.

25         (8)  RESOURCES FOR SERVICES.--Nothing in this section

26  shall prohibit any provider of services under this section

27  from appropriately billing Medicaid for services rendered,

28  from contracting with a local school district for educational

29  services, or from earning federal or local funding for

30  services provided, as long as two or more funding sources do

31  not pay for the same specific service delivered to a child.

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  1         (9)  FUNDING.--Notwithstanding the provisions of s.

  2  409.141, the department shall fully reimburse the programs

  3  established in this section based on a prospective per diem

  4  rate which shall be specified annually in proviso language in

  5  the General Appropriations Act. Funding for these programs

  6  shall be made available from resources appropriated and

  7  identified in the General Appropriations Act.

  8         Section 4.  Paragraph (i) of subsection (5) of section

  9  409.175, Florida Statutes, is amended, paragraph (j) is

10  redesignated as paragraph (k), and a new paragraph (j) is

11  added to said subsection, to read:

12         409.175  Licensure of family foster homes, residential

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

14         (5)

15         (i)  A license issued for the operation of a family

16  foster home or agency, unless sooner suspended, revoked, or

17  voluntarily returned, shall will expire automatically on the

18  expiration date stated on the license 1 year from the date of

19  issuance.  Ninety days prior to the expiration date, an

20  application for renewal shall be submitted to the department

21  by a licensee who wishes to have the license renewed.  A

22  license shall be renewed upon the filing of an application on

23  forms furnished by the department if the applicant has first

24  met the requirements established under this section and the

25  rules promulgated hereunder.

26         (j)  A license issued for the operation of a family

27  foster home or agency shall be valid for 1 year from the date

28  of issuance. However, the department may issue a license that

29  is valid for an extended period, not to exceed 3 years from

30  the date of issuance, to a family foster home or agency that

31  meets the following criteria:

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  1         1.  Has maintained a license with the department as a

  2  family foster home or agency for at least the 3 preceding

  3  years.

  4         2.  Remains in good standing with the department as

  5  evidenced by ongoing licensing monitoring visits, children's

  6  counselor reviews of the home or agency, and, when applicable,

  7  foster child exit interviews that reflect substantial

  8  satisfaction with the home or agency.

  9         3.  Has no abuse or neglect reports with any

10  maltreatment findings.

11

12  The department reserves the right to reduce the validity

13  period of an extended license to 1 year.

14         Section 5.  Section 784.081, Florida Statutes, is

15  amended to read:

16         784.081  Assault or battery on specified officials or

17  employees; reclassification of offenses.--Whenever a person is

18  charged with committing an assault or aggravated assault or a

19  battery or aggravated battery upon any elected official or

20  employee of: a school district; a private school; the Florida

21  School for the Deaf and the Blind; a university developmental

22  research school; a state university or any other entity of the

23  state system of public education, as defined in s. 228.041; or

24  an employee or protective investigator of the Department of

25  Children and Family Services; or an employee or subcontractor

26  of a lead agency contracting with the Department of Children

27  and Family Services under s. 409.1671, when the person

28  committing the offense knows or has reason to know the

29  identity or position or employment of the victim, the offense

30  for which the person is charged shall be reclassified as

31  follows:

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  1         (1)  In the case of aggravated battery, from a felony

  2  of the second degree to a felony of the first degree.

  3         (2)  In the case of aggravated assault, from a felony

  4  of the third degree to a felony of the second degree.

  5         (3)  In the case of battery, from a misdemeanor of the

  6  first degree to a felony of the third degree.

  7         (4)  In the case of assault, from a misdemeanor of the

  8  second degree to a misdemeanor of the first degree.

  9         Section 6.  This act shall take effect July 1, 2001.

10

11            *****************************************

12                          HOUSE SUMMARY

13
      Revises various provisions relating to foster care and
14    related services. Provides for court-ordered placement of
      certain children with a history of multiple placements
15    into residential group care. Provides that to compete for
      a foster care privatization project, an eligible lead
16    community-based provider must maintain eligibility to
      receive all federal child welfare funds currently
17    utilized by the Department of Children and Family
      Services. Provides that if attempts to competitively
18    procure services in a community through eligible lead
      community-based providers fail, the department, in
19    collaboration with local community alliances, must
      develop a plan for continued implementation of
20    privatization by competitive procurement of service
      components or comprehensive services for defined
21    populations through qualified licensed agencies. Provides
      for establishment of a comprehensive residential services
22    program. Directs the department to contract with
      specified entities for provision of services and to
23    establish model programs in specified districts.
      Specifies program requirements, and requires the programs
24    to be operational by January 1, 2002. Provides for annual
      evaluations and funding. Provides for issuance of 3-year
25    family foster home licenses if certain standards are met.
      Provides for enhanced penalties for assault or battery
26    upon an employee or subcontractor of a lead agency
      contracting with the department.
27

28

29

30

31

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