Senate Bill sb0858e1

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  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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  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; amending s. 273.05,

20         F.S.; providing for disposition of surplus

21         cellular telephones to certain nonprofit

22         agencies; providing an appropriation for

23         districtwide joint training of domestic

24         violence center and child protection staff;

25         providing an effective date.

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

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

30  Children and Family Services shall fully implement the

31  department's domestic violence training by providing the


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  1  training to all existing protective investigators, protective

  2  investigator supervisors, foster care counselors, adoption

  3  counselors, and protective service counselors who have not yet

  4  received the domestic violence training. All operations

  5  program administrators in the department must have received

  6  the domestic violence training by December 31, 2001.

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

  8  Children and Family Services, in conjunction with the Florida

  9  Coalition Against Domestic Violence or the local certified

10  domestic violence center, shall conduct districtwide joint

11  training of domestic-violence-center staff and protective

12  investigator and protective investigator supervisor staff. The

13  purpose of the joint training is to build a common

14  understanding of the functions and perspectives of the child

15  protection and domestic violence systems and the joint role of

16  both systems in protecting both the child and the battered

17  parent. The Department of Children and Family Services shall

18  develop the training in collaboration with the Florida

19  Coalition Against Domestic Violence. The amount of funds

20  appropriated will determine the number of districts in which

21  the joint training is offered. Attendance at this joint

22  training fulfills the domestic violence center staff's

23  requirement for training concerning child abuse.

24         (3)  The Department of Children and Family Services

25  shall incorporate into its training concerning the initial

26  child safety assessment, instruction on the injunction process

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

28  families in which domestic violence exists and assessment of

29  when this injunction process would and would not offer

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

31  instruction must address the need to use this injunction


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

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

  3  nonabusing parent.

  4         Section 2.  The Department of Children and Family

  5  Services shall examine the staff positions and professions

  6  that interact with families in which there is domestic

  7  violence and which are involved in child abuse reporting,

  8  protective investigations, or judicial proceedings described

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

10  should receive training on the dynamics of domestic violence,

11  the impact of domestic violence on battered parents and

12  children, and the implications of domestic violence for the

13  child protection system. Based on the findings from this

14  examination, the Department of Children and Family Services

15  shall develop recommendations for implementing domestic

16  violence training for each of the identified staff and

17  professions, including, for each staff position and

18  profession, whether existing domestic violence training

19  exists, particular requirements relative to the position or

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

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

22  must be considered include child protection teams, child

23  welfare legal services, Department of Children and Family

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

25  staff. This examination and development of recommendations

26  must be conducted in collaboration with the Florida Coalition

27  Against Domestic Violence, the Department of Health, the

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

29  interested organizations identified by the Department of

30  Children and Family Services. All participants in the

31  examination and development of recommendations must attend


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

  2  and projections of costs associated with the recommendations

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

  4  Senate, and the Speaker of the House of Representatives by

  5  January 1, 2002.

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

  7  Services shall conduct a pilot program concerning the use of

  8  domestic violence consultants in the protective investigative

  9  units in at least three counties. The domestic violence

10  consultants shall provide case consultation and technical

11  assistance with respect to the protective investigations and

12  the determination of interventions if there is domestic

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

14  supporting the protective investigative staff in identifying

15  and assembling the most-effective interventions possible for

16  the children and adult victims. These domestic violence

17  consultants shall serve as a liaison among the department,

18  domestic violence centers, and other community agencies. The

19  domestic violence consultants may also assist in identifying

20  domestic violence, assessing the risk of domestic violence to

21  both the children and the battered parent, assisting with

22  safety planning, and linking the family to community

23  resources.

24         (2)  The equivalent of one domestic violence consultant

25  must be allotted for each protective investigative unit for

26  each county. The domestic violence consultants must be

27  existing protective investigators or protective investigator

28  supervisors who have received the department's domestic

29  violence training and additional instruction from their local

30  domestic violence center. A higher level of compensation,

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


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  1  Child Protection Certification Program, will be paid to the

  2  domestic violence consultants for their added

  3  responsibilities. Counties in which the department and the

  4  certified domestic violence centers have entered into the

  5  Interagency Working Agreement are the only counties in which

  6  the pilot program on the use of domestic violence consultants

  7  may be conducted.

  8         (3)  The Department of Children and Family Services

  9  shall collect and analyze data on the technical assistance

10  provided to investigations and the families for whom

11  consultation has been provided to determine the extent to

12  which the goal of the domestic violence consultants is being

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

14  numbers and types of consultations provided, numbers and types

15  of families involved, utilization of consultants by the

16  protective investigative units, linkages with community

17  resources, and case information such as domestic violence

18  information ascertained, assessments conducted, safety

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

20  the outcome of this analysis of the impact of the domestic

21  violence consultants on the investigations and families shall

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

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

24  2003, and shall be used to consider the use of domestic

25  violence consultants in additional counties.

26         Section 4.  The Department of Children and Family

27  Services shall incorporate into administrative rule or

28  operating procedures the following directions to the

29  protective investigation process relative to families in which

30  domestic violence exists:

31  


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

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

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

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

  5  to protect the child only after the investigator has explored

  6  all of the circumstances surrounding the abuse, including the

  7  battered parent's attempts to seek help.

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

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

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

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

12         (3)  Referral for a domestic violence assessment of

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

14  domestic violence exists.

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

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

17  the Florida Abuse Hotline uses of identifying for the initial

18  abuse report the nonabusing parent as an alleged perpetrator

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

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

21  assess: the value to the investigatory process of identifying

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

23  initiation of the report, and the implications of identifying

24  a nonabusing parent as the perpetrator for failure to protect

25  prior to examining the parent's actions.

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

27  the Department of Children and Family Services, the Florida

28  Coalition Against Domestic Violence, and any other interested

29  organizations identified by the Department of Children and

30  Family Services. All participants in the work group must

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


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  1  from this examination, the work group shall develop

  2  recommendations for any modifications that it determines are

  3  needed to the Florida Abuse Hotline process relative to

  4  identifying the alleged perpetrator. A report of the findings

  5  from the examination, the recommendations, and the

  6  department's response regarding implementing the

  7  recommendations shall be submitted to the Governor, the

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

  9  Representatives by January 1, 2002.

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

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

12         741.30  Domestic violence; injunction; powers and

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

14  temporary injunction; issuance of injunction; statewide

15  verification system; enforcement.--

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

17  such relief as the court deems proper, including an

18  injunction:

19         1.  Restraining the respondent from committing any acts

20  of domestic violence.

21         2.  Awarding to the petitioner the exclusive use and

22  possession of the dwelling that the parties share or excluding

23  the respondent from the residence of the petitioner.

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

25  awarding temporary custody of, or temporary visitation rights

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

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

28  establishing temporary support for a minor child or children

29  or the petitioner.

30         5.  Ordering the respondent to participate in

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


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

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

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

  4  respondent with a list of all certified batterers'

  5  intervention programs and all programs which have submitted an

  6  application to the Department of Corrections to become

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

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

  9  certified batterers' intervention programs in the circuit, the

10  court shall provide a list of acceptable programs from which

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

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

13  notification of the respondent's enrollment and discharge from

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

15  discharge must specify one of the following categories for

16  discharge and the reason for discharge: completion of the

17  program, rejection of services, or termination from the

18  program.

19         6.  Referring a petitioner to a certified domestic

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

21  list of certified domestic violence centers in the circuit

22  which the petitioner may contact.

23         7.  Ordering such other relief as the court deems

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

25  including injunctions or directives to law enforcement

26  agencies, as provided in this section.

27         (b)  The terms of an injunction restraining the

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

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

30  shall remain in effect until modified or dissolved. Either

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


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  1  injunction. No specific allegations are required. Such relief

  2  may be granted in addition to other civil or criminal

  3  remedies. A respondent who requests to dissolve an injunction

  4  must have completed a batterer's intervention program if

  5  ordered to do so as a condition of his or her injunction,

  6  unless the court finds that there is substantial justification

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

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

  9  injunction unless there is substantial justification for the

10  respondent's failure to complete the program.

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

12  and Government Accountability (OPPAGA) shall conduct an

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

14  shall examine: the current court processes for requiring

15  domestic violence perpetrators to participate in the

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

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

18  requiring participation, the extent to which these systems and

19  court processes are capturing and requiring domestic violence

20  perpetrators identified through the child protection and

21  dependency court process to participate in the batterer's

22  intervention program, and identification of potential

23  strategies for increasing the identification of and

24  requirement for the domestic violence perpetrators to

25  participate in the batterer's intervention program; the

26  current mechanisms for monitoring participants' completion of

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

28  mechanisms are ensuring that the participants complete the

29  program, and identification of potential strategies for

30  improving the monitoring and the system for ensuring

31  completion of the program; and available data on the


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  1  effectiveness of the batterer's intervention program in both

  2  achieving the purposes delineated in section 741.32, Florida

  3  Statutes, and in changing the violent behavior of the

  4  participants.

  5         (2)  In conducting the examination, OPPAGA shall

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

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

  8  Services, the Department of Corrections' Batterer's

  9  Intervention Program, the Family Law Section of the Florida

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

11  Office of State Courts Administrator.

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

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

14  Speaker of the House of Representatives.  The report must

15  contain the findings of the examinations and any

16  recommendations for improvements. If it is determined that key

17  recommendations require continued examination or

18  implementation of provisions of this legislation should be

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

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

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

22  section 39.903, Florida Statutes, to read:

23         39.903  Duties and functions of the department with

24  respect to domestic violence.--

25         (1)  The department shall:

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

27  negotiation and execution of the Interagency Working Agreement

28  between the district offices of the department and the

29  certified domestic violence centers for the development of

30  partnerships in working with families in which child abuse and

31  domestic violence exist.


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

  2  Florida Statutes, to read:

  3         39.904  Report to the Legislature on the status of

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

  5  the department shall furnish to the President of the Senate

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

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

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

  9         (8)  An identification of the certified domestic

10  violence centers and districts that have executed the

11  Interagency Working Agreement and a description of the

12  partnership initiatives implemented for working with families

13  in which child abuse and domestic violence exist.

14         Section 10.  Subsection (6) is added to section 273.05,

15  Florida Statutes, to read:

16         273.05  Surplus property.--

17         (6)  Cellular telephones that are classified as surplus

18  shall be donated to any not-for-profit agency that serves the

19  disabled community, the elderly, or victims of domestic

20  violence so that such telephones can be made available to

21  persons in one or more of those categories for the purpose of

22  making emergency "911" calls.

23         Section 11.  The sum of $121,651 is appropriated from

24  nonrecurring federal grants trust fund to the Department of

25  Children and Family Services to cover the costs of district

26  wide joint training of domestic violence center staff and

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

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

29  Temporary Assistance for Needy Families Block Grant.  This

30  training will improve family stability and the safety of

31  


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

  2  members to the fullest extent possible.

  3         Section 12.  This act shall take effect July 1, 2001.

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