Senate Bill sb0858c2

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    Florida Senate - 2001                     CS for CS for SB 858

    By the Committees on Appropriations; and Children and Families





    309-1647-01

  1                      A bill to be entitled

  2         An act relating to domestic violence; requiring

  3         the Department of Children and Family Services

  4         to provide training on domestic violence and

  5         child protection to specified professionals by

  6         a specified date; providing for the content of

  7         training; requiring the department to assess

  8         the need for special training of staff members

  9         and professionals who interact with families in

10         which there is domestic violence and child

11         abuse; requiring collaboration with other

12         groups and state agencies; requiring a report

13         to the Governor and the Legislature; requiring

14         the department to conduct pilot programs in

15         which department staff perform the role of

16         domestic violence consultants participating in

17         protective investigative units; specifying

18         duties of the consultants; specifying

19         qualifications and minimum numbers of such

20         consultants per county; providing for

21         compensation; requiring the department to

22         collect and analyze data on the effectiveness

23         of the domestic violence consultants; requiring

24         a report to the Governor and the Legislature;

25         providing guidelines for administrative rules

26         or operating procedures relating to protective

27         investigations of families in which domestic

28         violence exists; requiring the department to

29         form a work group concerned with the procedures

30         for identifying perpetrators of child abuse;

31         requiring a report to the Governor and the

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    Florida Senate - 2001                     CS for CS for SB 858
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  1         Legislature; amending s. 741.30, F.S.;

  2         requiring batterer's intervention programs to

  3         provide to the court certain documents for the

  4         case file; providing prerequisites to

  5         dissolving an injunction against a respondent

  6         in a domestic violence case; requiring the

  7         Office Of Program Policy Analysis and

  8         Government Accountability to conduct an

  9         examination of the batterer's intervention

10         programs; specifying requirements of the study;

11         requiring consultation with key stakeholders;

12         providing for phase I and phase II reports to

13         the Legislature; amending s. 39.903, F.S.;

14         revising the duties of the department with

15         respect to domestic violence; amending s.

16         39.904, F.S.; amending the list of subject

17         matter to be included in the department's

18         annual report to the Legislature on the status

19         of domestic violence cases; providing an

20         appropriation for districtwide joint training

21         of domestic violence center and child

22         protection staff; providing an effective date.

23

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

25

26         Section 1.  (1)  By June 30, 2002, the Department of

27  Children and Family Services shall fully implement the

28  department's domestic violence training by providing the

29  training to all existing protective investigators, protective

30  investigator supervisors, foster care counselors, adoption

31  counselors, and protective service counselors who have not yet

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    Florida Senate - 2001                     CS for CS for SB 858
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  1  received the domestic violence training. All operations

  2  program administrators in the department must have received

  3  the domestic violence training by December 31, 2001.

  4         (2)  In fiscal year 2001-2002, the Department of

  5  Children and Family Services, in conjunction with the Florida

  6  Coalition Against Domestic Violence or the local certified

  7  domestic violence center, shall conduct districtwide joint

  8  training of domestic-violence-center staff and protective

  9  investigator and protective investigator supervisor staff. The

10  purpose of the joint training is to build a common

11  understanding of the functions and perspectives of the child

12  protection and domestic violence systems and the joint role of

13  both systems in protecting both the child and the battered

14  parent. The Department of Children and Family Services shall

15  develop the training in collaboration with the Florida

16  Coalition Against Domestic Violence. The amount of funds

17  appropriated will determine the number of districts in which

18  the joint training is offered. Attendance at this joint

19  training fulfills the domestic violence center staff's

20  requirement for training concerning child abuse.

21         (3)  The Department of Children and Family Services

22  shall incorporate into its training concerning the initial

23  child safety assessment, instruction on the injunction process

24  provided in section 39.504, Florida Statutes, as it relates to

25  families in which domestic violence exists and assessment of

26  when this injunction process would and would not offer

27  protection for the child and for the nonabusing parent. The

28  instruction must address the need to use this injunction

29  process only with the consent of the nonabusing parent and in

30  conjunction with a safety plan for the child and for the

31  nonabusing parent.

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    Florida Senate - 2001                     CS for CS for SB 858
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  1         Section 2.  The Department of Children and Family

  2  Services shall examine the staff positions and professions

  3  that interact with families in which there is domestic

  4  violence and which are involved in child abuse reporting,

  5  protective investigations, or judicial proceedings described

  6  in chapter 39, Florida Statutes, and shall identify those who

  7  should receive training on the dynamics of domestic violence,

  8  the impact of domestic violence on battered parents and

  9  children, and the implications of domestic violence for the

10  child protection system. Based on the findings from this

11  examination, the Department of Children and Family Services

12  shall develop recommendations for implementing domestic

13  violence training for each of the identified staff and

14  professions, including, for each staff position and

15  profession, whether existing domestic violence training

16  exists, particular requirements relative to the position or

17  profession which must be met, and the cost of providing the

18  training. At a minimum, staff positions and professions that

19  must be considered include child protection teams, child

20  welfare legal services, Department of Children and Family

21  Services' district attorneys, guardians ad litem, and hotline

22  staff. This examination and development of recommendations

23  must be conducted in collaboration with the Florida Coalition

24  Against Domestic Violence, the Department of Health, the

25  Family Law Section of The Florida Bar, and any other

26  interested organizations identified by the Department of

27  Children and Family Services. All participants in the

28  examination and development of recommendations must attend

29  meetings at their own expense. A report of the recommendations

30  and projections of costs associated with the recommendations

31  must be submitted to the Governor, the President of the

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    Florida Senate - 2001                     CS for CS for SB 858
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  1  Senate, and the Speaker of the House of Representatives by

  2  January 1, 2002.

  3         Section 3.  (1)  The Department of Children and Family

  4  Services shall conduct a pilot program concerning the use of

  5  domestic violence consultants in the protective investigative

  6  units in at least three counties. The domestic violence

  7  consultants shall provide case consultation and technical

  8  assistance with respect to the protective investigations and

  9  the determination of interventions if there is domestic

10  violence in the families, with the goal of educating and

11  supporting the protective investigative staff in identifying

12  and assembling the most-effective interventions possible for

13  the children and adult victims. These domestic violence

14  consultants shall serve as a liaison among the department,

15  domestic violence centers, and other community agencies. The

16  domestic violence consultants may also assist in identifying

17  domestic violence, assessing the risk of domestic violence to

18  both the children and the battered parent, assisting with

19  safety planning, and linking the family to community

20  resources.

21         (2)  The equivalent of one domestic violence consultant

22  must be allotted for each protective investigative unit for

23  each county. The domestic violence consultants must be

24  existing protective investigators or protective investigator

25  supervisors who have received the department's domestic

26  violence training and additional instruction from their local

27  domestic violence center. A higher level of compensation,

28  commensurate with that of the mentors in the department's

29  Child Protection Certification Program, will be paid to the

30  domestic violence consultants for their added

31  responsibilities. Counties in which the department and the

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    Florida Senate - 2001                     CS for CS for SB 858
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  1  certified domestic violence centers have entered into the

  2  Interagency Working Agreement are the only counties in which

  3  the pilot program on the use of domestic violence consultants

  4  may be conducted.

  5         (3)  The Department of Children and Family Services

  6  shall collect and analyze data on the technical assistance

  7  provided to investigations and the families for whom

  8  consultation has been provided to determine the extent to

  9  which the goal of the domestic violence consultants is being

10  achieved. At a minimum, the data collected must include

11  numbers and types of consultations provided, numbers and types

12  of families involved, utilization of consultants by the

13  protective investigative units, linkages with community

14  resources, and case information such as domestic violence

15  information ascertained, assessments conducted, safety

16  planning, and domestic violence service referrals. A report on

17  the outcome of this analysis of the impact of the domestic

18  violence consultants on the investigations and families shall

19  be submitted to the Governor, the President of the Senate, and

20  the Speaker of the House of Representatives by January 1,

21  2003, and shall be used to consider the use of domestic

22  violence consultants in additional counties.

23         Section 4.  The Department of Children and Family

24  Services shall incorporate into administrative rule or

25  operating procedures the following directions to the

26  protective investigation process relative to families in which

27  domestic violence exists:

28         (1)  In determining the parent's ability or failure to

29  protect the child or whether the protection of the child can

30  or cannot be assured in cases of domestic violence, the parent

31  should be considered to be unable to protect or to have failed

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    Florida Senate - 2001                     CS for CS for SB 858
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  1  to protect the child only after the investigator has explored

  2  all of the circumstances surrounding the abuse, including the

  3  battered parent's attempts to seek help.

  4         (2)  An assessment of whether any current danger of

  5  domestic violence to the battered parent exists is to be made,

  6  and, if potential danger exists, a referral must be made for

  7  the development of a safety plan for the battered parent.

  8         (3)  Referral for a domestic violence assessment of

  9  need and services is to be made when any potential for

10  domestic violence exists.

11         Section 5.  (1)  The Department of Children and Family

12  Services shall form a work group to examine the process that

13  the Florida Abuse Hotline uses of identifying for the initial

14  abuse report the nonabusing parent as an alleged perpetrator

15  due to failure to protect when an abuser is also identified as

16  an alleged perpetrator. The purpose of this examination is to

17  assess: the value to the investigatory process of identifying

18  a parent as a perpetrator due to failure to protect at the

19  initiation of the report, and the implications of identifying

20  a nonabusing parent as the perpetrator for failure to protect

21  prior to examining the parent's actions.

22         (2)  The work group shall consist of representatives of

23  the Department of Children and Family Services, the Florida

24  Coalition Against Domestic Violence, and any other interested

25  organizations identified by the Department of Children and

26  Family Services. All participants in the work group must

27  attend meetings at their own expense. Based on the findings

28  from this examination, the work group shall develop

29  recommendations for any modifications that it determines are

30  needed to the Florida Abuse Hotline process relative to

31  identifying the alleged perpetrator. A report of the findings

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    Florida Senate - 2001                     CS for CS for SB 858
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  1  from the examination, the recommendations, and the

  2  department's response regarding implementing the

  3  recommendations shall be submitted to the Governor, the

  4  President of the Senate, and the Speaker of the House of

  5  Representatives by January 1, 2002.

  6         Section 6.  Paragraphs (a) and (b) of subsection (6) of

  7  section 741.30, Florida Statutes, are amended to read:

  8         741.30  Domestic violence; injunction; powers and

  9  duties of court and clerk; petition; notice and hearing;

10  temporary injunction; issuance of injunction; statewide

11  verification system; enforcement.--

12         (6)(a)  Upon notice and hearing, the court may grant

13  such relief as the court deems proper, including an

14  injunction:

15         1.  Restraining the respondent from committing any acts

16  of domestic violence.

17         2.  Awarding to the petitioner the exclusive use and

18  possession of the dwelling that the parties share or excluding

19  the respondent from the residence of the petitioner.

20         3.  On the same basis as provided in chapter 61,

21  awarding temporary custody of, or temporary visitation rights

22  with regard to, a minor child or children of the parties.

23         4.  On the same basis as provided in chapter 61,

24  establishing temporary support for a minor child or children

25  or the petitioner.

26         5.  Ordering the respondent to participate in

27  treatment, intervention, or counseling services to be paid for

28  by the respondent. When the court orders the respondent to

29  participate in a batterers' intervention program, the court,

30  or any entity designated by the court, must provide the

31  respondent with a list of all certified batterers'

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    Florida Senate - 2001                     CS for CS for SB 858
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  1  intervention programs and all programs which have submitted an

  2  application to the Department of Corrections to become

  3  certified under s. 741.325, from which the respondent must

  4  choose a program in which to participate. If there are no

  5  certified batterers' intervention programs in the circuit, the

  6  court shall provide a list of acceptable programs from which

  7  the respondent must choose a program in which to participate.

  8  A batterer's intervention program shall provide to the court a

  9  notification of the respondent's enrollment and discharge from

10  the program to be placed in the case file. The notification of

11  discharge must specify one of the following categories for

12  discharge and the reason for discharge: completion of the

13  program, rejection of services, or termination from the

14  program.

15         6.  Referring a petitioner to a certified domestic

16  violence center. The court must provide the petitioner with a

17  list of certified domestic violence centers in the circuit

18  which the petitioner may contact.

19         7.  Ordering such other relief as the court deems

20  necessary for the protection of a victim of domestic violence,

21  including injunctions or directives to law enforcement

22  agencies, as provided in this section.

23         (b)  The terms of an injunction restraining the

24  respondent under subparagraph (a)1. or ordering other relief

25  for the protection of the victim under subparagraph (a)7.

26  shall remain in effect until modified or dissolved. Either

27  party may move at any time to modify or dissolve the

28  injunction. No specific allegations are required. Such relief

29  may be granted in addition to other civil or criminal

30  remedies. A respondent who requests to dissolve an injunction

31  must have completed a batterer's intervention program if

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    Florida Senate - 2001                     CS for CS for SB 858
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  1  ordered to do so as a condition of his or her injunction,

  2  unless the court finds that there is substantial justification

  3  for the respondent's failure to complete the program. The

  4  court shall not grant the respondent's request to dissolve the

  5  injunction unless there is substantial justification for the

  6  respondent's failure to complete the program.

  7         Section 7.  (1)  The Office of Program Policy Analysis

  8  and Government Accountability (OPPAGA) shall conduct an

  9  examination of the Batterer's Intervention Program.  The study

10  shall examine: the current court processes for requiring

11  domestic violence perpetrators to participate in the

12  batterer's intervention program, the systems and processes in

13  place that lead to the utilization of the court processes for

14  requiring participation, the extent to which these systems and

15  court processes are capturing and requiring domestic violence

16  perpetrators identified through the child protection and

17  dependency court process to participate in the batterer's

18  intervention program, and identification of potential

19  strategies for increasing the identification of and

20  requirement for the domestic violence perpetrators to

21  participate in the batterer's intervention program; the

22  current mechanisms for monitoring participants' completion of

23  the batterer's intervention program, the extent to which these

24  mechanisms are ensuring that the participants complete the

25  program, and identification of potential strategies for

26  improving the monitoring and the system for ensuring

27  completion of the program; and available data on the

28  effectiveness of the batterer's intervention program in both

29  achieving the purposes delineated in section 741.32, Florida

30  Statutes, and in changing the violent behavior of the

31  participants.

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  1         (2)  In conducting the examination, OPPAGA shall

  2  consult with the key stakeholders in the system, to include

  3  but not be limited to the Department of Children and Family

  4  Services, the Department of Corrections' Batterer's

  5  Intervention Program, the Family Law Section of the Florida

  6  Bar, the Florida Coalition Against Domestic Violence, and the

  7  Office of State Courts Administrator.

  8         (3)  OPPAGA shall prepare and submit a phase I report

  9  by December 31, 2001, to the President of the Senate and the

10  Speaker of the House of Representatives.  The report must

11  contain the findings of the examinations and any

12  recommendations for improvements. If it is determined that key

13  recommendations require continued examination or

14  implementation of provisions of this legislation should be

15  studied as it relates to the examination, a phase II report

16  will be prepared and submitted by December 31, 2002.

17         Section 8.  Paragraph (g) is added to subsection (1) of

18  section 39.903, Florida Statutes, to read:

19         39.903  Duties and functions of the department with

20  respect to domestic violence.--

21         (1)  The department shall:

22         (g)  Promote and facilitate, but not mandate, the

23  negotiation and execution of the Interagency Working Agreement

24  between the district offices of the department and the

25  certified domestic violence centers for the development of

26  partnerships in working with families in which child abuse and

27  domestic violence exist.

28         Section 9.  Subsection (8) is added to section 39.904,

29  Florida Statutes, to read:

30         39.904  Report to the Legislature on the status of

31  domestic violence cases.--On or before January 1 of each year,

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    Florida Senate - 2001                     CS for CS for SB 858
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  1  the department shall furnish to the President of the Senate

  2  and the Speaker of the House of Representatives a report on

  3  the status of domestic violence in this state, which report

  4  shall include, but is not limited to, the following:

  5         (8)  An identification of the certified domestic

  6  violence centers and districts that have executed the

  7  Interagency Working Agreement and a description of the

  8  partnership initiatives implemented for working with families

  9  in which child abuse and domestic violence exist.

10         Section 10.  The sum of $121,651 is appropriated from

11  nonrecurring federal grants trust fund to the Department of

12  Children and Family Services to cover the costs of district

13  wide joint training of domestic violence center staff and

14  child protection staff, as specified in subsection (2) of

15  section 1 of this act. The source of these funds is the

16  Temporary Assistance for Needy Families Block Grant.  This

17  training will improve family stability and the safety of

18  children enabling them to remain in the home or with family

19  members to the fullest extent possible.

20         Section 11.  This act shall take effect July 1, 2001.

21

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                            CS/SB 858

24

25  Removes the requirement for all personnel of domestic violence
    centers to receive a minimum of 8 hours of training concerning
26  child abuse and the related appropriation.

27  Removes the pilot program on Domestic Violence/Child Abuse
    Early Intervention Initiative and the related appropriation.
28

29

30

31

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