Senate Bill sb1214
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Florida Senate - 2001 SB 1214
By Senator Peaden
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1 A bill to be entitled
2 An act relating to foster care; amending s.
3 20.19, F.S.; modifying the authority for lead
4 agencies to provide services; amending s.
5 39.521, F.S., relating to disposition hearings;
6 providing that certain children must be placed
7 in licensed residential care and must remain
8 there, unless a court determines that it is not
9 in the child's best interest; amending s.
10 409.1671, F.S.; redefining the term "related
11 services"; providing for a plan to be used as
12 an alternative to procuring foster care
13 services through an eligible lead
14 community-based provider; creating s. 409.1676,
15 F.S.; providing for comprehensive residential
16 services to children who have extraordinary
17 needs; defining terms; providing for the
18 Department of Children and Family Services to
19 contract with specified entities for such
20 services; specifying duties of the contracting
21 entity; providing legal authority of the
22 contracting entity to authorize specified
23 activities for children served; prescribing
24 departmental duties; creating s. 409.1677,
25 F.S.; providing for model comprehensive
26 residential services programs in specified
27 counties; defining terms; providing for the
28 programs to be established through contracts
29 between the department and specified entities;
30 prescribing the content of each model program;
31 establishing responsibilities of the
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1 contracting private entity; providing legal
2 authority of the contracting private entity to
3 authorize certain activities for children
4 served; prescribing departmental duties;
5 creating s. 409.1679, F.S.; prescribing
6 additional requirements for the programs
7 established under ss. 409.1676, 409.1677, F.S.,
8 including requirements relating to
9 reimbursement methodology and program
10 evaluation; requiring the department to provide
11 progress reports to the Legislature; amending
12 s. 409.175, F.S.; allowing a family foster home
13 license to be valid for an extended period in
14 specified circumstances; amending s. 784.081,
15 F.S., relating to upgrading the seriousness of
16 the offense if a person commits an assault or a
17 battery against specified officials or
18 employees; including on the list of such
19 officials and employees an employee of a lead
20 community-based provider and its direct-service
21 contract providers; providing an effective
22 date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Paragraph (c) of subsection (7) of section
27 20.19, Florida Statutes, is amended to read:
28 20.19 Department of Children and Family
29 Services.--There is created a Department of Children and
30 Family Services.
31 (7) PROTOTYPE REGION.--
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1 (c) The department is authorized to contract for
2 children's services with a lead agency in each county of the
3 prototype area, except that the lead agency contract may cover
4 more than one county when it is determined that such coverage
5 will provide more effective or efficient services. The duties
6 of the lead agency shall include, but not necessarily be
7 limited to:
8 1. Directing and coordinating the program and
9 children's services within the scope of its contract.
10 2. Providing or contracting for the provision of core
11 services, including intake and eligibility, assessment,
12 service planning, and case management. However, a lead agency
13 may obtain approval from the department to provide core
14 services, including intake and eligibility, assessment,
15 service planning, and case management, upon a finding by the
16 department that such lead agency is the only appropriate
17 organization within the service district capable of providing
18 such service or services within the department's quality
19 assurance and performance standards.
20 3. Creating a service provider network capable of
21 delivering the services contained in client service plans,
22 which shall include identifying the necessary services, the
23 necessary volume of services, and possible utilization
24 patterns and negotiating rates and expectations with
25 providers.
26 4. Managing and monitoring of provider contracts and
27 subcontracts.
28 5. Developing and implementing an effective bill
29 payment mechanism to ensure all providers are paid in a timely
30 fashion.
31
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1 6. Providing or arranging for administrative services
2 necessary to support service delivery.
3 7. Utilizing departmentally approved training and
4 meeting departmentally defined credentials and standards.
5 8. Providing for performance measurement in accordance
6 with the department's quality assurance program and providing
7 for quality improvement and performance measurement.
8 9. Developing and maintaining effective interagency
9 collaboration to optimize service delivery.
10 10. Ensuring that all federal and state reporting
11 requirements are met.
12 11. Operating a consumer complaint and grievance
13 process.
14 12. Ensuring that services are coordinated and not
15 duplicated with other major payors, such as the local schools
16 and Medicaid.
17 13. Any other duties or responsibilities defined in s.
18 409.1671 related to community-based care.
19 Section 2. Present subsections (5), (6), and (7) of
20 section 39.521, Florida Statutes, are redesignated as
21 subsections (6), (7), and (8), respectively, and a new
22 subsection (5) is added to that section to read:
23 39.521 Disposition hearings; powers of disposition.--
24 (5) Any child 8 years of age or older who has been in
25 licensed family foster care for 6 months or longer and who is
26 then moved in family foster home placement more than once must
27 be placed in licensed residential child care unless the court
28 determines that such placement is not in the child's best
29 interest. The child must remain in the residential child-care
30 placement unless the court determines that such continued
31 placement is not in the child's best interest.
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1 Section 3. Subsection (1) of section 409.1671, Florida
2 Statutes, is amended to read:
3 409.1671 Foster care and related services;
4 privatization.--
5 (1)(a) It is the intent of the Legislature that the
6 Department of Children and Family Services shall privatize the
7 provision of foster care and related services statewide. It is
8 further the Legislature's intent to encourage communities and
9 other stakeholders in the well-being of children to
10 participate in assuring that children are safe and
11 well-nurtured. However, while recognizing that some local
12 governments are presently funding portions of certain foster
13 care and related services programs and may choose to expand
14 such funding in the future, the Legislature does not intend by
15 its privatization of foster care and related services that any
16 county, municipality, or special district be required to
17 assist in funding programs that previously have been funded by
18 the state. Nothing in this paragraph prohibits any county,
19 municipality, or special district from future voluntary
20 funding participation in foster care and related services. As
21 used in this section, the term "privatize" means to contract
22 with competent, community-based agencies. The department shall
23 submit a plan to accomplish privatization statewide, through a
24 competitive process, phased in over a 3-year period beginning
25 January 1, 2000. This plan must be developed with local
26 community participation, including, but not limited to, input
27 from community-based providers that are currently under
28 contract with the department to furnish community-based foster
29 care and related services, and must include a methodology for
30 determining and transferring all available funds, including
31 federal funds that the provider is eligible for and agrees to
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1 earn and that portion of general revenue funds which is
2 currently associated with the services that are being
3 furnished under contract. The methodology must provide for the
4 transfer of funds appropriated and budgeted for all services
5 and programs that have been incorporated into the project,
6 including all management, capital (including current furniture
7 and equipment), and administrative funds to accomplish the
8 transfer of these programs. This methodology must address
9 expected workload and at least the 3 previous years'
10 experience in expenses and workload. With respect to any
11 district or portion of a district in which privatization
12 cannot be accomplished within the 3-year timeframe, the
13 department must clearly state in its plan the reasons the
14 timeframe cannot be met and the efforts that should be made to
15 remediate the obstacles, which may include alternatives to
16 total privatization, such as public-private partnerships. As
17 used in this section, the term "related services" includes,
18 but is not limited to, means family preservation, independent
19 living, emergency shelter, residential group care, foster
20 care, therapeutic foster care, intensive residential
21 treatment, foster care supervision, case management,
22 postplacement supervision, permanent foster care, and family
23 reunification. Unless otherwise provided for, beginning in
24 fiscal year 1999-2000, either the state attorney or the Office
25 of the Attorney General shall provide child welfare legal
26 services, pursuant to chapter 39 and other relevant
27 provisions, in Sarasota, Pinellas, Pasco, Broward, and Manatee
28 Counties. Such legal services shall commence and be
29 effective, as soon as determined reasonably feasible by the
30 respective state attorney or the Office of the Attorney
31 General, after the privatization of associated programs and
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1 child protective investigations has occurred. When a private
2 nonprofit agency has received case management
3 responsibilities, transferred from the state under this
4 section, for a child who is sheltered or found to be dependent
5 and who is assigned to the care of the privatization project,
6 the agency may act as the child's guardian for the purpose of
7 registering the child in school if a parent or guardian of the
8 child is unavailable and his or her whereabouts cannot
9 reasonably be ascertained. The private nonprofit agency may
10 also seek emergency medical attention for such a child, but
11 only if a parent or guardian of the child is unavailable, his
12 or her whereabouts cannot reasonably be ascertained, and a
13 court order for such emergency medical services cannot be
14 obtained because of the severity of the emergency or because
15 it is after normal working hours. However, the provider may
16 not consent to sterilization, abortion, or termination of life
17 support. If a child's parents' rights have been terminated,
18 the nonprofit agency shall act as guardian of the child in all
19 circumstances.
20 (b) As used in this section, the term "eligible lead
21 community-based provider" means a single agency with which the
22 department shall contract for the provision of child
23 protective services in a community that is no smaller than a
24 county. The secretary of the department may authorize more
25 than one eligible lead community-based provider within a
26 single county when to do so will result in more effective
27 delivery of foster care and related services. To compete for a
28 privatization project, such agency must have:
29 1. The ability to coordinate, integrate, and manage
30 all child protective services in the designated community in
31 cooperation with child protective investigations.
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1 2. The ability to ensure continuity of care from entry
2 to exit for all children referred from the protective
3 investigation and court systems.
4 3. The ability to provide directly, or contract for
5 through a local network of providers, all necessary child
6 protective services.
7 4. The willingness to accept accountability for
8 meeting the outcomes and performance standards related to
9 child protective services established by the Legislature and
10 the Federal Government.
11 5. The capability and the willingness to serve all
12 children referred to it from the protective investigation and
13 court systems, regardless of the level of funding allocated to
14 the community by the state, provided all related funding is
15 transferred.
16 6. The willingness to ensure that each individual who
17 provides child protective services completes the training
18 required of child protective service workers by the Department
19 of Children and Family Services.
20 7. The ability to maintain eligibility to receive all
21 federal child welfare funds, including Title IV-E and IV-A
22 funds, currently being used by the Department of Children and
23 Family Services.
24 (c)1. If attempts to competitively procure services
25 through an eligible lead community-based provider as defined
26 in paragraph (b) do not produce a capable and willing agency,
27 the department shall develop a plan in collaboration with the
28 local community alliance. The plan must detail how the
29 community will continue to implement privatization through
30 competitively procuring either the specific components of
31 foster care and related services or comprehensive services for
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1 defined eligible populations of children and families from
2 qualified licensed agencies as part of its efforts to develop
3 the local capacity for a community-based system of coordinated
4 care. The plan must ensure local control over the management
5 and administration of the service provision in accordance with
6 the intent of this section and may include recognized best
7 business practices, including some form of public or private
8 partnerships. In the absence of a community alliance, the plan
9 must be submitted to the President of the Senate and the
10 Speaker of the House of Representatives for their comments.
11 2.1. The Legislature finds that the state has
12 traditionally provided foster care services to children who
13 have been the responsibility of the state. As such, foster
14 children have not had the right to recover for injuries beyond
15 the limitations specified in s. 768.28. The Legislature has
16 determined that foster care and related services need to be
17 privatized pursuant to this section and that the provision of
18 such services is of paramount importance to the state. The
19 purpose for such privatization is to increase the level of
20 safety, security, and stability of children who are or become
21 the responsibility of the state. One of the components
22 necessary to secure a safe and stable environment for such
23 children is that private providers maintain liability
24 insurance. As such, insurance needs to be available and remain
25 available to nongovernmental foster care and related services
26 providers without the resources of such providers being
27 significantly reduced by the cost of maintaining such
28 insurance.
29 3.2. The Legislature further finds that, by requiring
30 the following minimum levels of insurance, children in
31 privatized foster care and related services will gain
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1 increased protection and rights of recovery in the event of
2 injury than provided for in s. 768.28.
3 (d) Other than an entity to which s. 768.28 applies,
4 any eligible lead community-based provider, as defined in
5 paragraph (b), or its employees or officers, except as
6 otherwise provided in paragraph (e), must, as a part of its
7 contract, obtain a minimum of $1 million per claim/$3 million
8 per incident in general liability insurance coverage. In any
9 tort action brought against such an eligible lead
10 community-based provider, net economic damages shall be
11 limited to $1 million per claim, including, but not limited
12 to, past and future medical expenses, wage loss, and loss of
13 earning capacity, offset by any collateral source payment paid
14 or payable. In any tort action brought against such an
15 eligible lead community-based provider, noneconomic damages
16 shall be limited to $200,000 per claim. A claims bill may be
17 brought on behalf of a claimant pursuant to s. 768.28 for any
18 amount exceeding the limits specified in this paragraph. Any
19 offset of collateral source payments made as of the date of
20 the settlement or judgment shall be in accordance with s.
21 768.76. The lead community-based provider shall not be liable
22 in tort for the acts or omissions of its subcontractors or the
23 officers, agents, or employees of its subcontractors.
24 (e) The liability of an eligible lead community-based
25 provider described in this section shall be exclusive and in
26 place of all other liability of such provider. The same
27 immunities from liability enjoyed by such providers shall
28 extend as well to each employee of the provider when such
29 employee is acting in furtherance of the provider's business.
30 Such immunities shall not be applicable to a provider or an
31 employee who acts in a culpably negligent manner or with
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1 willful and wanton disregard or unprovoked physical aggression
2 when such acts result in injury or death or such acts
3 proximately cause such injury or death; nor shall such
4 immunities be applicable to employees of the same provider
5 when each is operating in the furtherance of the provider's
6 business, but they are assigned primarily to unrelated works
7 within private or public employment. The same immunity
8 provisions enjoyed by a provider shall also apply to any sole
9 proprietor, partner, corporate officer or director,
10 supervisor, or other person who in the course and scope of his
11 or her duties acts in a managerial or policymaking capacity
12 and the conduct that caused the alleged injury arose within
13 the course and scope of those managerial or policymaking
14 duties. Culpable negligence is defined as reckless
15 indifference or grossly careless disregard of human life.
16 (f) Any subcontractor of an eligible lead
17 community-based provider, as defined in paragraph (b), which
18 is a direct provider of foster care and related services to
19 children and families, and its employees or officers, except
20 as otherwise provided in paragraph (e), must, as a part of its
21 contract, obtain a minimum of $1 million per claim/$3 million
22 per incident in general liability insurance coverage. In any
23 tort action brought against such subcontractor, net economic
24 damages shall be limited to $1 million per claim, including,
25 but not limited to, past and future medical expenses, wage
26 loss, and loss of earning capacity, offset by any collateral
27 source payment paid or payable. In any tort action brought
28 against such subcontractor, noneconomic damages shall be
29 limited to $200,000 per claim. A claims bill may be brought on
30 behalf of a claimant pursuant to s. 768.28 for any amount
31 exceeding the limits specified in this paragraph. Any offset
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1 of collateral source payments made as of the date of the
2 settlement or judgment shall be in accordance with s. 768.76.
3 (g) The liability of a subcontractor of an eligible
4 lead community-based provider that is a direct provider of
5 foster care and related services as described in this section
6 shall be exclusive and in place of all other liability of such
7 provider. The same immunities from liability enjoyed by such
8 subcontractor provider shall extend as well to each employee
9 of the subcontractor when such employee is acting in
10 furtherance of the subcontractor's business. Such immunities
11 shall not be applicable to a subcontractor or an employee who
12 acts in a culpably negligent manner or with willful and wanton
13 disregard or unprovoked physical aggression when such acts
14 result in injury or death or such acts proximately cause such
15 injury or death; nor shall such immunities be applicable to
16 employees of the same subcontractor when each is operating in
17 the furtherance of the subcontractor's business, but they are
18 assigned primarily to unrelated works within private or public
19 employment. The same immunity provisions enjoyed by a
20 subcontractor shall also apply to any sole proprietor,
21 partner, corporate officer or director, supervisor, or other
22 person who in the course and scope of his or her duties acts
23 in a managerial or policymaking capacity and the conduct that
24 caused the alleged injury arose within the course and scope of
25 those managerial or policymaking duties. Culpable negligence
26 is defined as reckless indifference or grossly careless
27 disregard of human life.
28 (h) The Legislature is cognizant of the increasing
29 costs of goods and services each year and recognizes that
30 fixing a set amount of compensation actually has the effect of
31 a reduction in compensation each year. Accordingly, the
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1 conditional limitations on damages in this section shall be
2 increased at the rate of 5 percent each year, prorated from
3 the effective date of this paragraph to the date at which
4 damages subject to such limitations are awarded by final
5 judgment or settlement.
6 Section 4. Section 409.1676, Florida Statutes, is
7 created to read:
8 409.1676 Comprehensive residential services to
9 children who have extraordinary needs.--
10 (1) It is the intent of the Legislature to provide
11 comprehensive residential services, including residential
12 care, case management, and other services, to children in the
13 child protection system who have extraordinary needs, such as
14 serious behavioral problems or having been determined to be
15 without the options of either reunification with family or
16 adoption. These services are to be provided by a
17 not-for-profit corporation or a local government entity under
18 a contract with the Department of Children and Family Services
19 or by a lead agency as described in s. 409.1671. These
20 contracts should be designed to provide an identified number
21 of children with access to a full array of services for a
22 fixed price.
23 (2) As used in this section, the term:
24 (a) "Residential care" means a living environment for
25 children age 8 years and older who have been adjudicated
26 dependent and are expected to be in foster care for at least 6
27 months with 24-hour-awake staff or live-in group home parents
28 or staff. All living arrangements must be appropriately
29 licensed in this state.
30 (b) "Serious behavioral problems" means behaviors of
31 children who have been assessed by a licensed master's-level
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1 human-services professional to need at a minimum intensive
2 services but who do not meet the criteria for crisis
3 hospitalization or long-term residential treatment.
4 (3) The department, in accordance with a specific
5 appropriation for this program, shall contract with a
6 not-for-profit corporation, a local government entity, or the
7 lead agency that has been established in accordance with s.
8 409.1671 for the performance of services described in this
9 section in, at a minimum, districts 4, 11, 12, and the
10 Suncoast Region of the Department of Children and Family
11 Services and with a not-for-profit entity serving children
12 from multiple districts. A lead agency that is currently
13 providing residential care may provide this service directly
14 with the approval of the local community alliance. The
15 department or a lead agency may contract for more than one
16 site in a county if that is determined to be the most
17 effective way to achieve the goals set forth in this section.
18 (4) The lead agency, the contracted not-for-profit
19 corporation, or the local government entity is responsible for
20 a comprehensive assessment, residential care, transportation,
21 behavioral health services, recreational activities, clothing,
22 supplies and miscellaneous expenses associated with caring for
23 these children, for necessary arrangement for or provision of
24 educational services, and for assuring necessary and
25 appropriate health and dental care.
26 (5) The department may transfer all casework
27 responsibilities for children served under this program to the
28 entity that provides this service, including case management,
29 development and implementation of a case plan in accordance
30 with current standards for child protection services, and all
31 related court work. When the department establishes this
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1 program in a community that has a lead agency as described in
2 s. 409.1671, the casework responsibilities must be transferred
3 to the lead agency.
4 (6) This section does not prohibit any provider of
5 these services from appropriately billing Medicaid for
6 services rendered, from contracting with a local school
7 district for educational services, or from earning federal or
8 local funding for services provided, as long as two or more
9 funding sources do not pay for the same specific service that
10 has been provided to a child.
11 (7) The lead agency, not-for-profit corporation, or
12 local government entity has the legal authority for children
13 served under this program to enroll the child in school, to
14 sign for a driver's license for the child, to co-sign loans
15 and insurance for the child, to sign for medical treatment,
16 and to authorize other such activities.
17 (8) The department shall provide technical assistance
18 as requested and contract-management services.
19 Section 5. Section 409.1677, Florida Statutes, is
20 created to read:
21 409.1677 Model comprehensive residential services
22 programs.--
23 (1) As used in this section, the term:
24 (a) "Residential care" means a living environment for
25 children age 8 years and older who have been adjudicated
26 dependent and are expected to be in foster care for a minimum
27 of 6 months with 24-hour-awake staff or live-in group home
28 parents or staff. All living arrangements must be
29 appropriately licensed in this state.
30 (b) "Serious behavioral problems" means behaviors of
31 children who have been assessed by a licensed master's-level
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1 human services professional to need at a minimum intensive
2 services but who do not meet the criteria for crisis
3 hospitalization or long-term residential treatment.
4 (2) The department shall establish a model
5 comprehensive residential services program in Dade County and
6 in Manatee County through a contract with the designated lead
7 agency established in accordance with s. 409.1671 or with a
8 private entity capable of providing residential group care and
9 home-based care and experienced in the delivery of a range of
10 services to foster children, if no lead agency exists. These
11 model programs are to serve that portion of eligible children
12 within each county which is specified in the contract, based
13 on funds appropriated, to include a full array of services for
14 a fixed price. The private entity or lead agency is
15 responsible for all programmatic functions necessary to carry
16 out the intent of this section.
17 (3) Each model must include:
18 (a) A focus on serving the full range of children in
19 foster care, including those who have specialized needs, such
20 as children who are unlikely to be reunited with their
21 families or placed in adoptive homes; sibling groups; children
22 who have serious behavioral problems; and children who are
23 victims of sexual abuse.
24 (b) For each child who is in care, the provision of or
25 arrangements for a comprehensive assessment; residential care;
26 transportation; behavioral health services; recreational
27 activities; clothing, supplies, and miscellaneous expenses
28 associated with caring for these children; educational
29 services; necessary and appropriate health and dental care;
30 legal services; and aftercare services.
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1 (c) A commitment and ability to find and use
2 innovative approaches to address the problems in the
3 traditional foster care system, such as high caregiver
4 turnover, disrupted and multiple placements, runaway behavior,
5 and abusive or nontherapeutic care.
6 (d) The provision of a full range of residential
7 services tailored to the individual needs of each child in
8 care, including group homes for initial assessment and for
9 stabilization; professional and traditional foster homes;
10 residential group care provided in a setting that is homelike
11 and provides care in residences housing no more than 12
12 children and staffed with full-time, appropriately trained
13 house parents; and independent living apartments. The programs
14 are designed for children who must enter the foster care
15 system, but the use of placement with relatives as part of a
16 child's care is encouraged.
17 (e) The provision of the full range of administrative
18 services necessary to operate the program.
19 (f) Specific eligibility criteria established in the
20 contract, including a "no-reject-no-eject" commitment with the
21 described eligible children, unless the court determines that
22 the placement is not in a child's best interest.
23 (g) An ability, through its trained, multidisciplinary
24 staff, to facilitate the achievement of the permanency goals
25 of the children who are in care.
26 (h) The design and utilization of a retired-volunteer
27 mentor program that would make use of the skills of retired
28 individuals in helping to meet the needs of both the children
29 in care and their caregivers.
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1 (i) The willingness and ability to assume financial
2 risk for the care of children referred to the program under
3 the contract.
4 (j) The willingness and ability to serve as a research
5 and teaching laboratory for departmental and community-based
6 care programs throughout the state in an effort to improve the
7 quality of foster care.
8 (4) This section does not prohibit any provider of
9 these services from appropriately billing Medicaid for
10 services rendered, from contracting with a local school
11 district for educational services, or from earning federal or
12 local funding for services provided, as long as two or more
13 funding sources do not pay for the same specific service that
14 has been provided to a child.
15 (5) The lead agency, not-for-profit corporation, or
16 local government entity has the legal authority for children
17 served under this program to enroll the child in school, to
18 sign for a driver's license for the child, to co-sign loans
19 and insurance for the child, to sign for medical treatment,
20 and to authorize other such activities.
21 (6) The department shall provide technical assistance
22 as requested and contract-management services.
23 Section 6. Section 409.1679, Florida Statutes, is
24 created to read:
25 409.1679 Additional requirements, effective date,
26 reimbursement methodology, and evaluation.--
27 (1) The programs established under ss. 409.1676 and
28 409.1677 are to be operational within 6 months after those
29 sections take effect, and, beginning 1 month after this
30 section takes effect and continuing until full operation of
31 those programs is realized, the department shall provide to
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1 the Legislature monthly written status reports on the progress
2 toward implementing those programs.
3 (2) The programs established under ss. 409.1676 and
4 409.1677 must be included as part of the annual evaluation
5 currently required under s. 409.1671. With respect to these
6 specific programs and models, the annual evaluation must be
7 conducted by an independent third party and must include, by
8 specific site, the level of attainment of the targeted
9 outcomes listed in subsection (3). The evaluation of the model
10 programs must include, at a minimum, an assessment of their
11 cost-effectiveness, of their ability to successfully implement
12 the assigned program elements, and of their attainment of
13 performance standards that include legislatively established
14 standards for similar programs and other standards determined
15 jointly by the department and the providers and stated in a
16 contract.
17 (3) Each program established under ss. 409.1676 and
18 409.1677 must meet the following expectations, which must be
19 included in its contracts with the department or lead agency:
20 (a) No more than 10 percent of the children served may
21 move from one living environment to another, unless the child
22 is returned to family members or is moved, in accordance with
23 the treatment plan, to a less-restrictive setting. Each child
24 must have a comprehensive transitional plan that identifies
25 the child's living arrangement upon leaving the program and
26 specific steps and services that are being provided to prepare
27 for that arrangement. Specific expectations as to the time
28 period necessary for the achievement of these permanency goals
29 must be included in the contract.
30 (b) Each child must receive a full academic year of
31 appropriate educational instruction. No more than 10 percent
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1 of the children may be in more than one academic setting in an
2 academic year, unless the child is being moved, in accordance
3 with an educational plan, to a less-restrictive setting. Each
4 child must demonstrate academic progress and must be
5 performing at grade level or at a level commensurate with a
6 valid academic assessment.
7 (c) Siblings must be kept together in the same living
8 environment 100 percent of the time, unless that is determined
9 by the provider not to be in the children's best interest.
10 When siblings are separated in placement, the decision must be
11 reviewed and approved by the court within 30 days.
12 (d) The program must experience a caregiver turnover
13 rate and an incidence of child runaway episodes which are at
14 least 50 percent below the rates experienced in the rest of
15 the state.
16 (e) In addition to providing a comprehensive
17 assessment, the program must provide, 100 percent of the time,
18 any or all of the following services that are indicated
19 through the assessment: residential care; transportation;
20 behavioral health services; recreational activities; clothing,
21 supplies, and miscellaneous expenses associated with caring
22 for these children; necessary arrangements for or provision of
23 educational services; and necessary and appropriate health and
24 dental care.
25 (f) The children who are served in this program must
26 be satisfied with the services and living environment.
27 (g) The caregivers must be satisfied with the program.
28 (4) Notwithstanding the provisions of s. 409.141, the
29 Department of Children and Family Services shall fully
30 reimburse the programs established under ss. 409.1676 and
31 409.1677 based on a prospective per-diem rate, which must be
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1 specified annually in the General Appropriations Act. Funding
2 for these programs shall be made available from resources
3 appropriated and identified in the General Appropriations Act.
4 Section 7. Present paragraph (j) of subsection (5) of
5 section 409.175, Florida Statutes, is redesignated as
6 paragraph (k), paragraphs (h) and (i) of that subsection are
7 amended, and a new paragraph (j) is added to that subsection,
8 to read:
9 409.175 Licensure of family foster homes, residential
10 child-caring agencies, and child-placing agencies.--
11 (5)
12 (h) Upon determination that the applicant meets the
13 state minimum licensing requirements, the department shall
14 issue a license without charge to a specific person or agency
15 at a specific location. A license may be issued if all the
16 screening materials have been timely submitted; however, a
17 license may not be issued or renewed if any person at the home
18 or agency has failed the required screening. The license is
19 nontransferable. A copy of the license shall be displayed in a
20 conspicuous place. Except as provided in paragraph (j), the
21 license is valid for 1 year from the date of issuance, unless
22 the license is suspended or revoked by the department or is
23 voluntarily surrendered by the licensee. The license is the
24 property of the department.
25 (i) A license issued for the operation of a family
26 foster home or agency, unless sooner suspended, revoked, or
27 voluntarily returned, will expire automatically 1 year from
28 the date of issuance except as provided in paragraph (j).
29 Ninety days prior to the expiration date, an application for
30 renewal shall be submitted to the department by a licensee who
31 wishes to have the license renewed. A license shall be
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1 renewed upon the filing of an application on forms furnished
2 by the department if the applicant has first met the
3 requirements established under this section and the rules
4 promulgated hereunder.
5 (j) The department may issue a license that is valid
6 for longer than 1 year but no longer than 3 years to a family
7 foster home that:
8 1. Has maintained a license with the department as a
9 family foster home for at least the 3 previous consecutive
10 years;
11 2. Remains in good standing with the department; and
12 3. Has been the subject of no reports of child abuse
13 or neglect with any findings of maltreatment.
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15 A family foster home that has been issued a license valid for
16 longer than 1 year must be monitored and visited as frequently
17 as one that has been issued a 1-year license. The department
18 reserves the right to reduce a licensure period to 1 year at
19 any time.
20 (k)(j) The department may not license summer day camps
21 or summer 24-hour camps. However, the department shall have
22 access to the personnel records of such facilities to ensure
23 compliance with the screening requirements.
24 Section 8. Section 784.081, Florida Statutes, is
25 amended to read:
26 784.081 Assault or battery on specified officials or
27 employees; reclassification of offenses.--Whenever a person is
28 charged with committing an assault or aggravated assault or a
29 battery or aggravated battery upon any elected official or
30 employee of: a school district; a private school; the Florida
31 School for the Deaf and the Blind; a university developmental
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1 research school; a state university or any other entity of the
2 state system of public education, as defined in s. 228.041; or
3 an employee or protective investigator of the Department of
4 Children and Family Services; or an employee of a lead
5 community-based provider and its direct service contract
6 providers, when the person committing the offense knows or has
7 reason to know the identity or position or employment of the
8 victim, the offense for which the person is charged shall be
9 reclassified as follows:
10 (1) In the case of aggravated battery, from a felony
11 of the second degree to a felony of the first degree.
12 (2) In the case of aggravated assault, from a felony
13 of the third degree to a felony of the second degree.
14 (3) In the case of battery, from a misdemeanor of the
15 first degree to a felony of the third degree.
16 (4) In the case of assault, from a misdemeanor of the
17 second degree to a misdemeanor of the first degree.
18 Section 9. This act shall take effect July 1, 2001.
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2 SENATE SUMMARY
3 Amends provisions relating to foster care. Modifies the
authority for lead agencies to provide services. Provides
4 that, at disposition hearings, certain children must be
placed in licensed residential care and that they must
5 remain in such care, unless a court determines that that
is not in the child's best interest. Redefines the term
6 "related services." Provides for a plan to be used as an
alternative to procuring foster care services through an
7 eligible lead community-based provider. Provides for
comprehensive residential services to children who have
8 extraordinary needs. Provides for the Department of
Children and Family Services to contract with specified
9 entities for such services. Specifies the duties of the
contracting entity. Provides legal authority of the
10 contracting entity to authorize specified activities for
children served under this program. Prescribes
11 departmental duties. Provides for model comprehensive
residential services programs in Dade County and Manatee
12 County. Provides for the programs to be established
through contracts between the department and specified
13 entities. Prescribes requirements for each model program.
Specifies responsibilities of the contracting private
14 entity. Provides legal authority of the contracting
private entity to authorize certain activities for
15 children served under those model programs. Prescribes
requirements relating to the residential services
16 programs and the model programs, including requirements
relating to reimbursement methodology and to program
17 evaluation. Requires the department to provide monthly
progress reports to the Legislature while the programs
18 are being established. Allows a family foster home
license to be valid for 3 years, in specified
19 circumstances.
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