Senate Bill sb1442c1

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    Florida Senate - 2003                           CS for SB 1442

    By the Committee on Children and Families





    300-2061-03

  1                      A bill to be entitled

  2         An act relating to child protective

  3         investigations; amending s. 39.201, F.S.;

  4         clarifying persons responsible for a child's

  5         welfare; requiring personnel from the abuse

  6         hotline of the Department of Children and

  7         Family Services to determine if a report meets

  8         the criteria for child abuse, neglect, or

  9         abandonment; modifying the consideration given

10         to specified reporters; requiring the

11         Department of Children and Family Services to

12         conduct an assessment in response to certain

13         reports involving juvenile sexual offenders;

14         deleting the reference to the professionals

15         mandated to report child abuse, neglect, or

16         abandonment; providing in a different

17         subsection for the professionals' provision of

18         their name; providing in a different subsection

19         the stipulation that the contracted providers

20         and employees of the judicial branch do not

21         need to report incidents already known by the

22         Department of Children and Family Services;

23         providing in a different subsection the clear

24         duty of community-based providers to report

25         abuse, abandonment and neglect; providing that

26         reports of out-of-state abuse not be accepted

27         by the hotline; amending s. 39.301, F.S.;

28         providing for an onsite investigation process

29         for reports meeting specified criteria;

30         requiring approval and documentation that a

31         report meets the criteria; requiring that

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 1         certain reports are subject to an enhanced

 2         onsite child protective investigation;

 3         providing criteria; providing requirements for

 4         such investigations; requiring the department

 5         to monitor the findings of the reports in its

 6         quality assurance program; amending s. 39.302,

 7         F.S.; revising the timeframe for responding to

 8         a report of institutional child abuse; amending

 9         s. 39.307, F.S.; revising a cross-reference;

10         amending s. 39.823, F.S., relating to guardian

11         advocates; conforming a cross-reference to

12         changes made by the act; amending s. 414.065,

13         F.S.; eliminating the requirement for a

14         referral for protection intervention; requiring

15         the Department of Children and Family Services

16         to establish a Protective Investigator

17         Retention Workgroup; specifying the issues to

18         be examined and plans to be developed;

19         requiring a report to the Legislature on the

20         results of the examinations and plans

21         developed; requiring the Department of Children

22         and Family Services to conduct a quality

23         assurance review of child abuse reports that

24         are subject to an onsite child protective

25         investigation; requiring the quality assurance

26         review of sheriffs' offices conducting child

27         protective investigations to be incorporated

28         into their program performance evaluation;

29         requiring a report to the Legislature;

30         prohibiting the amendment of the approved

31         operating budget to reduce protective

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 1         investigative positions; requiring the

 2         Department of Children and Family Services to

 3         develop guidelines for conducting onsite and

 4         enhanced child protection investigations in

 5         collaboration with the sheriffs' offices;

 6         providing an effective date.

 7  

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

 9  

10         Section 1.  Subsections (1), (2), (7), and (8) of

11  section 39.201, Florida Statutes, are amended to read:

12         39.201  Mandatory reports of child abuse, abandonment,

13  or neglect; mandatory reports of death; central abuse

14  hotline.--

15         (1)(a)  Any person, including, but not limited to, any:

16         (a)  Physician, osteopathic physician, medical

17  examiner, chiropractic physician, nurse, or hospital personnel

18  engaged in the admission, examination, care, or treatment of

19  persons;

20         (b)  Health or mental health professional other than

21  one listed in paragraph (a);

22         (c)  Practitioner who relies solely on spiritual means

23  for healing;

24         (d)  School teacher or other school official or

25  personnel;

26         (e)  Social worker, day care center worker, or other

27  professional child care, foster care, residential, or

28  institutional worker;

29         (f)  Law enforcement officer; or

30         (g)  Judge, who knows, or has reasonable cause to

31  suspect, that a child is abused, abandoned, or neglected by a

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 1  parent, legal custodian, caregiver, or other person

 2  responsible for the child's welfare, as defined in this

 3  chapter, shall report such knowledge or suspicion to the

 4  department in the manner prescribed in subsection (2).

 5         (b)  Reporters in the following occupation categories

 6  are required to provide their names to the hotline staff:

 7         1.  Physician, osteopathic physician, medical examiner,

 8  chiropractic physician, nurse, or hospital personnel engaged

 9  in the admission, examination, care, or treatment of persons;

10         2.  Health or mental health professional other than one

11  listed in subparagraph 1.;

12         3.  Practitioner who relies solely on spiritual means

13  for healing;

14         4.  School teacher or other school official or

15  personnel;

16         5.  Social worker, day care center worker, or other

17  professional child care, foster care, residential, or

18  institutional worker;

19         6.  Law enforcement officer; or

20         7.  Judge.

21  

22  The names of reporters shall be entered into the record of the

23  report, but shall be held confidential and exempt as provided

24  in s. 39.202.

25         (c)  A professional who is hired by or enters into a

26  contract with the department for the purpose of treating or

27  counseling any person, as a result of a report of child abuse,

28  abandonment, or neglect, is not required to again report to

29  the central abuse hotline the abuse, abandonment, or neglect

30  that was the subject of the referral for treatment.

31  

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 1         (d)  An officer or employee of the judicial branch is

 2  not required to again provide notice of reasonable cause to

 3  suspect child abuse, abandonment, or neglect when that child

 4  is currently being investigated by the department, there is an

 5  existing dependency case, or the matter has previously been

 6  reported to the department, provided there is reasonable cause

 7  to believe the information is already known to the department.

 8  This paragraph applies only when the information has been

 9  provided to the officer or employee in the course of carrying

10  out his or her official duties.

11         (e)  Nothing in this chapter or in the contracting with

12  community-based care providers for foster care and related

13  services as specified in s. 409.1671 shall be construed to

14  remove or reduce the duty and responsibility of any person,

15  including any employee of the community-based care provider,

16  to report a suspected or actual case of child abuse,

17  abandonment, or neglect or the sexual abuse of a child to the

18  department's central abuse hotline.

19         (2)(a)  Each report of known or suspected child abuse,

20  abandonment, or neglect by a parent, legal custodian,

21  caregiver, or other person responsible for the child's welfare

22  as defined in this chapter pursuant to this section, except

23  those solely under s. 827.04(3), shall be made immediately to

24  the department's central abuse hotline on the single statewide

25  toll-free telephone number. Personnel at the department's

26  central abuse hotline shall determine if the report received

27  meets the statutory definition of child abuse, abandonment, or

28  neglect. Any report meeting one of these definitions shall be

29  accepted for the protective investigation pursuant to part III

30  of this chapter., and,

31  

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 1         (b)  If the report is of an instance of known or

 2  suspected child abuse by someone other than a parent, legal

 3  custodian, caregiver, or other person responsible for the

 4  child's welfare as defined in this chapter a noncaretaker, the

 5  call shall be immediately electronically transferred to the

 6  appropriate county sheriff's office by the central abuse

 7  hotline.

 8         (c)  If the report is of an instance of known or

 9  suspected child abuse, abandonment, or neglect that occurred

10  out of state and the alleged perpetrator and the child alleged

11  to be a victim live out of state, the central abuse hotline

12  shall not accept the call for investigation, but shall

13  transfer the information on the report to the appropriate

14  state.

15         (d)  If the report is of an instance of known or

16  suspected child abuse involving impregnation of a child under

17  16 years of age by a person 21 years of age or older solely

18  under s. 827.04(3), the report shall be made immediately to

19  the appropriate county sheriff's office or other appropriate

20  law enforcement agency. If the report is of an instance of

21  known or suspected child abuse solely under s. 827.04(3), the

22  reporting provisions of this subsection do not apply to health

23  care professionals or other persons who provide medical or

24  counseling services to pregnant children when such reporting

25  would interfere with the provision of medical services.

26         (b)  The department must consider valid and accept for

27  investigation any report received by the central abuse hotline

28  from a judge, teacher or other professional school official,

29  or physician, as specified in paragraph (1)(a), paragraph

30  (1)(d), or paragraph (1)(g), who is acting in his or her

31  professional capacity, alleging harm as defined in s. 39.01.

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 1         (c)  Reporters in occupation categories designated in

 2  subsection (1) are required to provide their names to the

 3  hotline staff.  The names of reporters shall be entered into

 4  the record of the report, but shall be held confidential as

 5  provided in s. 39.202.

 6         (e)(d)  Reports involving known or suspected

 7  institutional child abuse or neglect shall be made and

 8  received in the same manner as all other reports made pursuant

 9  to this section.

10         (f)(e)  Reports involving a known or suspected juvenile

11  sexual offender shall be made and received by the department.

12         1.  The department shall determine the age of the

13  alleged juvenile sexual offender if known.

14         2.  When the alleged juvenile sexual offender is 12

15  years of age or younger, the central abuse hotline shall

16  immediately electronically transfer the call to the

17  appropriate law enforcement agency office. The department

18  shall conduct an assessment and assist the family in receiving

19  appropriate services pursuant to s. 39.307 proceed with an

20  investigation of the report pursuant to this part, immediately

21  electronically transfer the call to the appropriate law

22  enforcement agency office by the central abuse hotline, and

23  send a written report of the allegation to the appropriate

24  county sheriff's office within 48 hours after the initial

25  report is made to the central abuse hotline.

26         3.  When the alleged juvenile sexual offender is 13

27  years of age or older, the department shall immediately

28  electronically transfer the call to the appropriate county

29  sheriff's office by the central abuse hotline, and send a

30  written report to the appropriate county sheriff's office

31  

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 1  within 48 hours after the initial report to the central abuse

 2  hotline.

 3         (g)(f)  Reports involving abandoned newborn infants as

 4  described in s. 383.50 shall be made and received by the

 5  department.

 6         1.  If the report is of an abandoned newborn infant as

 7  described in s. 383.50 and there is no indication of abuse,

 8  neglect, or abandonment other than that necessarily entailed

 9  in the infant having been left at a hospital, emergency

10  medical services station, or fire station, the department

11  shall provide to the caller the name of a licensed

12  child-placing agency on a rotating basis from a list of

13  licensed child-placing agencies eligible and required to

14  accept physical custody of and to place newborn infants left

15  at a hospital, emergency medical services station, or fire

16  station. The report shall not be considered a report of abuse,

17  neglect, or abandonment solely because the infant has been

18  left at a hospital, emergency medical services station, or

19  fire station pursuant to s. 383.50.

20         2.  If the caller reports indications of abuse or

21  neglect beyond that necessarily entailed in the infant having

22  been left at a hospital, emergency medical services station,

23  or fire station, the report shall be considered as a report of

24  abuse, neglect, or abandonment and shall be subject to the

25  requirements of s. 39.395 and all other relevant provisions of

26  this chapter, notwithstanding any provisions of chapter 383.

27         (h)(g)  Hotline counselors shall receive periodic

28  training in encouraging reporters to provide their names when

29  reporting abuse, abandonment, or neglect.  Callers shall be

30  advised of the confidentiality provisions of s. 39.202. The

31  department shall secure and install electronic equipment that

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 1  automatically provides to the hotline the number from which

 2  the call is placed.  This number shall be entered into the

 3  report of abuse, abandonment, or neglect and become a part of

 4  the record of the report, but shall enjoy the same

 5  confidentiality as provided to the identity of the caller

 6  pursuant to s. 39.202.

 7         (i)(h)  The department shall voice-record all incoming

 8  or outgoing calls that are received or placed by the central

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

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

11  the record of the report but, notwithstanding s. 39.202, shall

12  be released in full only to law enforcement agencies and state

13  attorneys for the purpose of investigating and prosecuting

14  criminal charges pursuant to s. 39.205, or to employees of the

15  department for the purpose of investigating and seeking

16  administrative penalties pursuant to s. 39.206. Nothing in

17  this paragraph shall prohibit the use of the recordings by

18  hotline staff for quality assurance and training.

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

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

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

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

23  again report to the central abuse hotline the abuse,

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

25  for treatment.

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

27  employee of the judicial branch to again provide notice of

28  reasonable cause to suspect child abuse, abandonment, or

29  neglect when that child is currently being investigated by the

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

31  matter has previously been reported to the department,

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 1  provided there is reasonable cause to believe the information

 2  is already known to the department.  This paragraph applies

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

 4  employee in the course of official duties.

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

 6  community-based care providers for foster care and related

 7  services as specified in s. 409.1671 shall be construed to

 8  remove or reduce the duty and responsibility of any person,

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

10  to report a suspected or actual case of child abuse,

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

12  department's central abuse hotline.

13         Section 2.  Subsection (9) of section 39.301, Florida

14  Statutes, is amended, present subsections (10) through (19)

15  are redesignated as subsections (12) through (21),

16  respectively, and new subsections (10) and (11) are added to

17  that section, to read:

18         39.301  Initiation of protective investigations.--

19         (9)(a)  For each report received that meets one or more

20  of the following criteria it receives, the department shall

21  perform an onsite child protective investigation:

22         1.  A report for which there is obvious compelling

23  evidence that no maltreatment occurred and there are no prior

24  reports containing some indicators or verified findings of

25  abuse or neglect with respect to any subject of the report or

26  other individuals in the home. A prior report in which an

27  adult in the home was a victim of abuse or neglect before

28  becoming an adult does not exclude a report otherwise meeting

29  the criteria of this subparagraph from the onsite child

30  protective investigation provided for in this subparagraph.

31  The process for an onsite child protective investigation

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 1  stipulated in this subsection may not be conducted if an

 2  allegation meeting the criteria of this subparagraph involves

 3  physical abuse, sexual abuse, domestic violence, substance

 4  abuse or substance exposure, medical neglect, a child younger

 5  than 3 years of age, or a child who is disabled or lacks

 6  communication skills.

 7         2.  A report concerning an incident of abuse which is

 8  alleged to have occurred 2 or more years prior to the date of

 9  the report and there are no other indicators of risk to any

10  child in the home.

11         (b)  The onsite child protective investigation to be

12  performed shall include that includes a face-to-face interview

13  with the child;, other siblings;, parents, legal custodians,

14  or caregivers; and other adults in the household and an onsite

15  assessment of the child's residence in order to:

16         1.(a)  Determine the composition of the family or

17  household, including the name, address, date of birth, social

18  security number, sex, and race of each child named in the

19  report; any siblings or other children in the same household

20  or in the care of the same adults; the parents, legal

21  custodians, or caregivers; and any other adults in the same

22  household.

23         2.(b)  Determine whether there is indication that any

24  child in the family or household has been abused, abandoned,

25  or neglected; the nature and extent of present or prior

26  injuries, abuse, or neglect, and any evidence thereof; and a

27  determination as to the person or persons apparently

28  responsible for the abuse, abandonment, or neglect, including

29  the name, address, date of birth, social security number, sex,

30  and race of each such person.

31  

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 1         3.(c)  Determine the immediate and long-term risk to

 2  each child by conducting state and federal records checks,

 3  including, when feasible, the records of the Department of

 4  Corrections, on the parents, legal custodians, or caregivers,

 5  and any other persons in the same household. This information

 6  shall be used solely for purposes supporting the detection,

 7  apprehension, prosecution, pretrial release, posttrial

 8  release, or rehabilitation of criminal offenders or persons

 9  accused of the crimes of child abuse, abandonment, or neglect

10  and shall not be further disseminated or used for any other

11  purpose. The department's child protection investigators are

12  hereby designated a criminal justice agency for the purpose of

13  accessing criminal justice information to be used for

14  enforcing this state's laws concerning the crimes of child

15  abuse, abandonment, and neglect.

16         4.(d)  Determine the immediate and long-term risk to

17  each child through utilization of standardized risk assessment

18  instruments.

19         5.(e)  Based on the information obtained from available

20  sources, complete the risk assessment instrument within 48

21  hours after the initial contact and, if needed, develop a case

22  plan.

23         6.(f)  Determine the protective, treatment, and

24  ameliorative services necessary to safeguard and ensure the

25  child's safety and well-being and development, and cause the

26  delivery of those services through the early intervention of

27  the department or its agent. The training provided to staff

28  members who conduct child protective investigations must

29  include instruction on how and when to use the injunction

30  process under s. 39.504 or s. 741.30 to remove a perpetrator

31  

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 1  of domestic violence from the home as an intervention to

 2  protect the child.

 3         (c)  The determination that a report requires an

 4  investigation as provided in this subsection and does not

 5  require an enhanced onsite child protective investigation

 6  pursuant to subsection (10) must be approved in writing by the

 7  supervisor with documentation specifying why additional

 8  investigative activities are not necessary.

 9         (d)  A report that meets the criteria specified in this

10  subsection is not precluded from further investigative

11  activities. At any time it is determined that additional

12  investigative activities are necessary for the safety of the

13  child, such activities shall be conducted.

14         (10)(a)  For each report that meets one or more of the

15  following criteria, the department shall perform an enhanced

16  onsite child protective investigation:

17         1.  Any allegation that involves physical abuse, sexual

18  abuse, domestic violence, substance abuse or substance

19  exposure, medical neglect, a child younger than 3 years of

20  age, or a child who is disabled or lacks communication skills.

21         2.  Any report that involves an individual who has been

22  the subject of a prior report containing some indicators or

23  verified findings of abuse, neglect, or abandonment.

24         3.  Any report that does not contain compelling

25  evidence that the maltreatment did not occur.

26         4.  Any report that does not meet the criteria for an

27  onsite child protective investigation as set forth in

28  subsection (9).

29         (b)  The enhanced onsite child protective investigation

30  shall include, but is not limited to:

31  

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 1         1.  A face-to-face interview with the child, other

 2  siblings, parents or legal custodians or caregivers, and other

 3  adults in the household;

 4         2.  Collateral contacts;

 5         3.  Contact with the reporter as required by rule;

 6         4.  An onsite assessment of the child's residence in

 7  accordance with subsection (9)(b); and

 8         5.  An updated assessment.

 9  

10  Detailed documentation is required for the investigative

11  activities.

12         (11)  The department shall incorporate into its quality

13  assurance program the monitoring of the determination of

14  reports that receive an onsite child protective investigation

15  and those that receive an enhanced onsite child protective

16  investigation.

17         Section 3.  Subsection (1) of section 39.302, Florida

18  Statutes, is amended to read:

19         39.302  Protective investigations of institutional

20  child abuse, abandonment, or neglect.--

21         (1)  The department shall conduct a child protective

22  investigation of each report of institutional child abuse,

23  abandonment, or neglect.  Upon receipt of a report that which

24  alleges that an employee or agent of the department, or any

25  other entity or person covered by s. 39.01(31) or (47), acting

26  in an official capacity, has committed an act of child abuse,

27  abandonment, or neglect, the department shall immediately

28  initiate a child protective investigation within the timeframe

29  established by the central abuse hotline pursuant to s.

30  39.201(5) and orally notify the appropriate state attorney,

31  law enforcement agency, and licensing agency.  These agencies

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 1  shall immediately conduct a joint investigation, unless

 2  independent investigations are more feasible. When conducting

 3  investigations onsite or having face-to-face interviews with

 4  the child, such investigation visits shall be unannounced

 5  unless it is determined by the department or its agent that

 6  such unannounced visits would threaten the safety of the

 7  child.  When a facility is exempt from licensing, the

 8  department shall inform the owner or operator of the facility

 9  of the report.  Each agency conducting a joint investigation

10  shall be entitled to full access to the information gathered

11  by the department in the course of the investigation. A

12  protective investigation must include an onsite visit of the

13  child's place of residence. In all cases, the department shall

14  make a full written report to the state attorney within 3

15  working days after making the oral report. A criminal

16  investigation shall be coordinated, whenever possible, with

17  the child protective investigation of the department. Any

18  interested person who has information regarding the offenses

19  described in this subsection may forward a statement to the

20  state attorney as to whether prosecution is warranted and

21  appropriate. Within 15 days after the completion of the

22  investigation, the state attorney shall report the findings to

23  the department and shall include in such report a

24  determination of whether or not prosecution is justified and

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

26         Section 4.  Subsection (1) of section 39.307, Florida

27  Statutes, is amended to read:

28         39.307  Reports of child-on-child sexual abuse.--

29         (1)  Upon receiving a report alleging juvenile sexual

30  abuse as defined in s. 39.01(7) s. 39.01(7)(b), the department

31  

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 1  shall assist the family in receiving appropriate services to

 2  address the allegations of the report.

 3         Section 5.  Section 39.823, Florida Statutes, is

 4  amended to read:

 5         39.823  Guardian advocates for drug dependent

 6  newborns.--The Legislature finds that increasing numbers of

 7  drug dependent children are born in this state. Because of the

 8  parents' continued dependence upon drugs, the parents may

 9  temporarily leave their child with a relative or other adult

10  or may have agreed to voluntary family services under s.

11  39.301(14) s. 39.301(12). The relative or other adult may be

12  left with a child who is likely to require medical treatment

13  but for whom they are unable to obtain medical treatment. The

14  purpose of this section is to provide an expeditious method

15  for such relatives or other responsible adults to obtain a

16  court order which allows them to provide consent for medical

17  treatment and otherwise advocate for the needs of the child

18  and to provide court review of such authorization.

19         Section 6.  Subsection (2) of section 414.065, Florida

20  Statutes, is amended to read:

21         414.065  Noncompliance with work requirements.--

22         (2)  CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR

23  CHILDREN; PROTECTIVE PAYEES.--

24         (a)  Upon the second or third occurrence of

25  noncompliance, temporary cash assistance and food stamps for

26  the child or children in a family who are under age 16 may be

27  continued. Any such payments must be made through a protective

28  payee or, in the case of food stamps, through an authorized

29  representative.  Under no circumstances shall temporary cash

30  assistance or food stamps be paid to an individual who has

31  failed to comply with program requirements.

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 1         (b)  Protective payees shall be designated by the

 2  department and may include:

 3         1.  A relative or other individual who is interested in

 4  or concerned with the welfare of the child or children and

 5  agrees in writing to utilize the assistance in the best

 6  interest of the child or children.

 7         2.  A member of the community affiliated with a

 8  religious, community, neighborhood, or charitable organization

 9  who agrees in writing to utilize the assistance in the best

10  interest of the child or children.

11         3.  A volunteer or member of an organization who agrees

12  in writing to fulfill the role of protective payee and to

13  utilize the assistance in the best interest of the child or

14  children.

15         (c)  The protective payee designated by the department

16  shall be the authorized representative for purposes of

17  receiving food stamps on behalf of a child or children under

18  age 16. The authorized representative must agree in writing to

19  use the food stamps in the best interest of the child or

20  children.

21         (d)  If it is in the best interest of the child or

22  children, as determined by the department, for the staff

23  member of a private agency, a public agency, the department,

24  or any other appropriate organization to serve as a protective

25  payee or authorized representative, such designation may be

26  made, except that a protective payee or authorized

27  representative must not be any individual involved in

28  determining eligibility for temporary cash assistance or food

29  stamps for the family, staff handling any fiscal processes

30  related to issuance of temporary cash assistance or food

31  

                                  17

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    Florida Senate - 2003                           CS for SB 1442
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 1  stamps, or landlords, grocers, or vendors of goods, services,

 2  or items dealing directly with the participant.

 3         (e)  The department may pay incidental expenses or

 4  travel expenses for costs directly related to performance of

 5  the duties of a protective payee as necessary to implement the

 6  provisions of this subsection.

 7         (f)  If the department is unable to designate a

 8  qualified protective payee or authorized representative, a

 9  referral shall be made under the provisions of chapter 39 for

10  protective intervention.

11         Section 7.  (1)  The Department of Children and Family

12  Services shall establish a Protective Investigator Retention

13  Workgroup to examine the following issues and develop plans

14  for necessary actions as set forth for each issue:

15         (a)  Examine the feasibility of an alternative response

16  system for responding to low-risk abuse and neglect reports,

17  design and describe in detail the alternative response system

18  that would best serve this state, and, if determined viable,

19  develop a plan for implementing the system;

20         (b)  Examine and develop a plan for an investigative

21  process that provides for different levels of investigative

22  activities based on the level of severity of risk and

23  probability of continued or increased abuse and neglect;

24         (c)  Examine and make recommendations regarding how

25  institutional child abuse in facilities of the Department of

26  Juvenile Justice should be handled, including the protection

27  against abuse which should be afforded children in those

28  facilities, the entity or entities that should be responsible

29  for conducting the investigations, the penalties or sanctions

30  that should be imposed, a means of providing for the

31  

                                  18

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    Florida Senate - 2003                           CS for SB 1442
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 1  independence of investigations, and how the recommendations

 2  will ensure the protection of children;

 3         (d)  Examine the results of the Florida State

 4  University protective investigators' task analysis study to

 5  determine how to make the child protective investigation

 6  process more efficient, including, but not limited to,

 7  identifying the tasks that are necessary for an effective

 8  protective investigation process, streamlining of forms, and

 9  identifying the tasks that should be performed by other

10  positions;

11         (e)  Examine and develop a plan for building

12  communication and involvement in decisionmaking with front

13  line staff and for promoting nonmonetary recognition;

14         (f)  Examine and make recommendations regarding the

15  minimum appropriate education and work experience desirable

16  for protective investigators and protective investigator

17  supervisors; and

18         (g)  Examine and develop a plan for the training needed

19  to adequately prepare protective investigators for the job,

20  including, but not limited to, identifying the training that

21  is applicable statewide and that is specific to each district,

22  identifying instruction that is appropriate for classroom

23  training and that would be more effective through some form of

24  structured field or on-the-job training, strengthening the

25  structured field or on-the-job training, estimating the cost

26  of strengthening the structured field or on-the-job training,

27  and setting forth a 3-year implementation plan for phasing in

28  any identified expansion to the training program.

29         (2)  The department shall include as members of the

30  workgroup protective investigators, protective investigative

31  supervisors, representatives from at least two of the

                                  19

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    Florida Senate - 2003                           CS for SB 1442
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 1  sheriffs' offices conducting this function on the effective

 2  date of this act, and at least two individuals outside the

 3  department who have expertise in other states' child

 4  protection systems.

 5         (3)  Advisory groups may be used to conduct the

 6  examinations and develop the specified plans. The department

 7  is encouraged to use individuals and entities having knowledge

 8  and experience in the issues from outside the department on

 9  these advisory groups such as representatives having

10  experience in domestic violence programs and services. The

11  following representation shall be included on either the

12  advisory group or workgroup examining the issue:

13         (a)  Representatives from the Department of Juvenile

14  Justice and the Statewide Advocacy Council for the examination

15  of institutional child abuse in Department of Juvenile Justice

16  facilities;

17         (b)  Representatives from the child welfare training

18  academies for examination of the training needed to adequately

19  prepare protective investigators;

20         (c)  Representatives having experience from Florida's

21  Family Services Response System and from the Neighborhood

22  Partnerships for the Protection of Children for the

23  examination of the feasibility of an alternative response

24  system; and

25         (d)  Representatives from the Behavior Analysis

26  Services Program for examination of the development of an

27  investigative process that provides different levels of

28  investigative activities.

29         (e)  Representatives from each of the sheriffs' offices

30  conducting child protective investigations on the effective

31  date of this act for the examination of the feasibility of an

                                  20

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    Florida Senate - 2003                           CS for SB 1442
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 1  alternative response system and the examination of the

 2  development of an investigative process that provides

 3  different levels of investigative activities.

 4         (4)  The Protective Investigators' Retention Workgroup

 5  shall ensure that each of the examinations is conducted with

 6  the necessary sharing of information and results to prevent

 7  the development of plans that are incompatible with each other

 8  or inconsistent with the statutory framework provided and

 9  desired for child protection.

10         (5)  A report of the results of each of the

11  examinations and plans developed shall be submitted to the

12  President of the Senate, the Speaker of the House of

13  Representatives, and the Governor by December 31, 2003.

14         Section 8.  The Legislature finds that there is

15  evidence suggesting a link between the availability of certain

16  services to families in the child protective system and the

17  workload and turnover of protective investigators. Families

18  being investigated for child abuse may be remaining in the

19  investigation process longer or returning through the child

20  protective system due to certain services not being available

21  for the families, increasing the number of families requiring

22  subsequent investigations. Therefore, the Office of Program

23  Policy Analysis and Government Accountability is directed to

24  conduct a study of the impact that the availability of

25  services to families has on the protective investigators'

26  workload and turnover and on the subsequent reports of abuse

27  in the families and to identify those specific services that

28  would address the immediate needs of families involved in a

29  child protective investigation process and those services that

30  would be most likely to prevent the families' return into the

31  child protection system. A report of the results of the study

                                  21

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    Florida Senate - 2003                           CS for SB 1442
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 1  shall be submitted to the President of the Senate, the Speaker

 2  of the House of Representatives, and the Governor by December

 3  31, 2003.

 4         Section 9.  (1)  The Department of Children and Family

 5  Services shall submit a report to the Senate Committee on

 6  Children and Families and House Committee on the Future of

 7  Florida's Families on the status of the implementation of the

 8  new investigation process, the identification of emerging

 9  benefits or problems, and, if determined necessary, any

10  recommendations for modifications by December 31, 2003.

11         (b)  A quality assurance review of the reports

12  receiving an onsite child protective investigation pursuant to

13  section 39.301(9), Florida Statutes, shall be conducted to

14  examine the accuracy of the determinations not to use the

15  enhanced process, the recurrence of abuse to determine whether

16  there is an unacceptable risk to the families in not using the

17  enhanced process, and whether the intended efficacy in the

18  workload management is achieved by this new process.  The

19  Department of Children and Family Services shall conduct this

20  quality assurance review for the department's protective

21  investigative units.  For the sheriffs' offices conducting

22  child protective investigations, this quality assurance review

23  shall be incorporated into the program performance evaluation

24  conducted pursuant to section 39.3065(3)(d), Florida Statutes.

25  A report on the results of the quality assurance review shall

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

27  the Speaker of the House of Representatives by December 31,

28  2004.

29         Section 10.  Notwithstanding chapter 216, Florida

30  Statutes, to the contrary and for the 2003-2004 fiscal year

31  only, the Department of Children and Family Services may not

                                  22

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    Florida Senate - 2003                           CS for SB 1442
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 1  amend the approved operating budget in a manner that decreases

 2  the funding and positions appropriated for additional

 3  protective investigator positions and the costs related to

 4  those positions without the approval of the Legislative Budget

 5  Commission.

 6         Section 11.  The Department of Children and Family

 7  Services, in collaboration with the sheriffs' offices, shall

 8  develop guidelines for conducting an onsite child protective

 9  investigation that specifically does not require the

10  additional activities required by the department and for

11  conducting an enhanced child protective investigation,

12  including determining whether compelling evidence exists that

13  no maltreatment occurred, conducting collateral contacts,

14  contacting the reporter, updating the risk assessment, and

15  providing for differential levels of documentation between an

16  onsite and an enhanced onsite child protective investigation.

17         Section 12.  This act shall take effect upon becoming a

18  law.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  23

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    Florida Senate - 2003                           CS for SB 1442
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1442

 3                                 

 4  Clarifies the directive to the Department of Children and
    Families to proceed with an assessment for child-on-child
 5  sexual abuse reports.

 6  Stipulates that prior reports of an adult in the home where
    the adult was a victim of abuse as a child does not exclude
 7  the report from the onsite child protective investigation
    process.
 8  
    Stipulates that for reports to be accepted for an onsite child
 9  protective investigation process where the incidents of abuse
    occurred 2 or more years prior to reporting, there must not be
10  any other indicators of risk to any child in the home.

11  Clarifies that the required face-to-face interview with the
    parent applies to the legal custodian or caregiver, when
12  appropriate.

13  Deletes the requirement that the Department of Children and
    Families develop rules for conducting the onsite and enhanced
14  child protective investigation process.

15  Conforms the language regarding the groups of juvenile sexual
    offenders to whom the process for responding to child-on-child
16  sexual abuse reports applies to other sections of the
    statutes.
17  
    Requires two individuals outside the Department of Children
18  and Families with expertise in other states' child protection
    systems to participate in the Protective Investigator
19  Retention Workgroup.

20  Requires representatives from each of the sheriffs' offices
    for certain examinations being conducted by the Protective
21  Investigator Retention Workgroup.

22  Requires that the desired framework for child protection be
    considered in the examinations by the Protective Investigator
23  Retention Workgroup.

24  Identifies additional aspects to be examined in the quality
    assurance review.
25  
    Provides that the quality assurance review for the areas
26  covered by the sheriffs' offices be incorporated into the
    annual program performance evaluation of the sheriffs' child
27  protection programs.

28  Provides for the focus of the interim quality assurance review
    report to the Legislature.
29  
    Stipulates the specific chapter of the Florida Statutes that
30  does not apply in prohibiting the Department of Children and
    Families from shifting positions from protective
31  investigations and permits such shifting if approved by the
    Legislative Budget Commission.
                                  24

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    Florida Senate - 2003                           CS for SB 1442
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 1  Directs the Department of Children and Families to develop
    guidelines for conducting the onsite and enhanced child
 2  protection investigation process in collaboration with the
    sheriff's office.
 3  
    Clarifies that all persons, not just the professionals
 4  identified in statute, are mandated reporters by removing the
    list of professionals from the requirement to report provision
 5  and listing these professionals instead in the provision
    requiring the reporter to provide their name which is
 6  currently in law.

 7  Reorganizes the statutory provisions to provide for all
    requirements regarding the responsibility to report in one
 8  subsection.

 9  Directs the hotline not to accept reports where the occurrence
    of the abuse, the residence of the child, and the location of
10  the alleged perpetrator are all out of state but requires that
    the information from the report be transferred to the
11  appropriate state.

12  Retains the face-to-face interview with the other adults in
    the household for the first tiered child protective
13  investigation process.

14  Clarifies that the preliminary report on the implementation of
    the new investigation process is a programmatic report and is
15  separate from the quality assurance review.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  25

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