HB 1825 2003
1	A bill to be entitled
2	An act relating to child protective investigations;
3	amending s. 39.201, F.S.; clarifying provisions relating
4	to persons responsible for a child's welfare; requiring
5	personnel from the abuse hotline of the Department of
6	Children and Family Services to determine whether a report
7	meets the criteria for child abuse, neglect, or
8	abandonment; modifying the consideration given to
9	specified reporters; requiring the department to conduct
10	an assessment in response to certain reports involving
11	juvenile sexual offenders; providing that reports of out-
12	of-state abuse shall not be accepted by the central abuse
13	hotline but shall be transferred to the appropriate state;
14	procedures with respect to reports concerning certain
15	juvenile alleged sexual offenders; amending s. 39.301,
16	F.S.; providing for an onsite investigation process for
17	reports meeting specified criteria; requiring certain
18	additional contacts; requiring approval and documentation
19	that a report meets the criteria; providing that certain
20	reports are subject to an enhanced onsite child protective
21	investigation; providing criteria; providing requirements
22	for such investigations; requiring the department to
23	monitor the findings of the reports in its quality
24	assurance program; amending s. 39.302, F.S.; revising the
25	timeframe for responding to a report of institutional
26	child abuse; amending s. 39.307, F.S.; revising a cross
27	reference; amending s. 39.823, F.S., relating to guardian
28	advocates; conforming a cross reference to changes made by
29	the act; amending s. 414.065, F.S.; eliminating the
30	requirement for a referral for protection intervention;
31	requiring the department to establish a Protective
32	Investigator Retention Workgroup; providing duties and
33	membership of the workgroup; authorizing use of advisory
34	groups; requiring a report to the Governor and Legislature
35	on the results of the examinations and plans developed;
36	requiring a study by the Office of Program Policy and
37	governmental Accountability concerning the availability of
38	services and a report; requiring the Department of
39	Children and Family Services to provide a report and
40	necessary recommendations to the Legislature on the status
41	of the implementation of the new investigation process and
42	its emerging benefits or problems; requiring the
43	department to conduct a quality assurance review of child
44	abuse reports that are subject to an onsite child
45	protective investigation; requiring the quality assurance
46	review of sheriffs' offices conducting child protective
47	investigations to be incorporated into their program
48	performance evaluation; requiring a report to the Governor
49	and Legislature; prohibiting the amendment of the approved
50	operating budget to reduce protective investigative
51	positions without approval of the Legislative Budget
52	Commission; requiring the department to develop guidelines
53	for conducting onsite and enhanced onsite child protection
54	investigations in collaboration with the sheriffs'
55	offices; providing an effective date.
56
57	Be It Enacted by the Legislature of the State of Florida:
58
59	Section 1. Subsections (1), (2), (7), and (8) of section
60	39.201, Florida Statutes, are amended to read:
61	39.201 Mandatory reports of child abuse, abandonment, or
62	neglect; mandatory reports of death; central abuse hotline.--
63	(1)(a) Any person, including, but not limited to, any:
64	(a) Physician, osteopathic physician, medical examiner,
65	chiropractic physician, nurse, or hospital personnel engaged in
66	the admission, examination, care, or treatment of persons;
67	(b) Health or mental health professional other than one
68	listed in paragraph (a);
69	(c) Practitioner who relies solely on spiritual means for
70	healing;
71	(d) School teacher or other school official or personnel;
72	(e) Social worker, day care center worker, or other
73	professional child care, foster care, residential, or
74	institutional worker;
75	(f) Law enforcement officer; or
76	(g) Judge,
77
78	who knows, or has reasonable cause to suspect, that a child is
79	abused, abandoned, or neglected by a parent, legal custodian,
80	caregiver, or other person responsible for the child's welfare,
81	as defined in this chapter,shall report such knowledge or
82	suspicion to the department in the manner prescribed in
83	subsection (2).
84	(b) Reporters in the following occupation categories are
85	required to provide their names to the central abuse hotline
86	staff:
87	1. Physician, osteopathic physician, medical examiner,
88	chiropractic physician, nurse, or hospital personnel engaged in
89	the admission, examination, care, or treatment of persons.
90	2. Health or mental health professional other than one
91	listed in subparagraph 1.
92	3. Practitioner who relies solely on spiritual means for
93	healing.
94	4. School teacher or other school official or personnel.
95	5. Social worker, day care center worker, or other
96	professional child care, foster care, residential, or
97	institutional worker.
98	6. Law enforcement officer.
99	7. Judge.
100
101	The names of reporters shall be entered into the record of the
102	report but shall be held confidential and exempt as provided in
103	s. 39.202.
104	(c) A professional who is hired by or enters into a
105	contract with the department for the purpose of treating or
106	counseling any person as a result of a report of child abuse,
107	abandonment, or neglect is not required to again report to the
108	central abuse hotline the abuse, abandonment, or neglect that
109	was the subject of the referral for treatment.
110	(d) An officer or employee of the judicial branch is not
111	required to again provide notice of reasonable cause to suspect
112	child abuse, abandonment, or neglect when that child is
113	currently being investigated by the department, there is an
114	existing dependency case, or the matter has previously been
115	reported to the department, provided there is reasonable cause
116	to believe the information is already known to the department.
117	This paragraph applies only when the information has been
118	provided to the officer or employee in the course of carrying
119	out his or her official duties.
120	(e) Nothing in this chapter or in the contracting with
121	community-based care providers for foster care and related
122	services as specified in s. 409.1671 shall be construed to
123	remove or reduce the duty and responsibility of any person,
124	including any employee of the community-based care provider, to
125	report a suspected or actual case of child abuse, abandonment,
126	or neglect or the sexual abuse of a child to the department's
127	central abuse hotline.
128	(2)(a) Each report of known or suspected child abuse,
129	abandonment, or neglect by a parent, legal custodian, caregiver,
130	or other person responsible for the child's welfare, as defined
131	in this chapterpursuant to this section, except those solely
132	under s. 827.04(3), shall be made immediately to the
133	department's central abuse hotline on the single statewide toll-
134	free telephone number. Personnel at the department's central
135	abuse hotline shall determine whether the report received meets
136	the statutory definition of child abuse, abandonment, or
137	neglect. Any report meeting one of these definitions shall be
138	accepted for the protective investigation pursuant to part III
139	of this chapter., and,
140	(b)If the report is of an instance of known or suspected
141	child abuse by someone other than a parent, legal custodian,
142	caregiver, or other person responsible for the child's welfare
143	as defined in this chaptera noncaretaker, the call shall be
144	immediately electronically transferred to the appropriate county
145	sheriff's office by the central abuse hotline.
146	(c) If the report is of an instance of known or suspected
147	child abuse, abandonment, or neglect that occurred out of state
148	and the alleged perpetrator and the child alleged to be a victim
149	live out of state, the central abuse hotline shall not accept
150	the call for investigation but shall transfer the information on
151	the report to the appropriate state.
152	(d)If the report is of an instance of known or suspected
153	child abuse involving impregnation of a child under 16 years of
154	age by a person 21 years of age or older solely under s.
155	827.04(3), the report shall be made immediately to the
156	appropriate county sheriff's office or other appropriate law
157	enforcement agency. If the report is of an instance of known or
158	suspected child abuse solely under s. 827.04(3), the reporting
159	provisions of this subsection do not apply to health care
160	professionals or other persons who provide medical or counseling
161	services to pregnant children when such reporting would
162	interfere with the provision of medical services.
163	(b) The department must consider valid and accept for
164	investigation any report received by the central abuse hotline
165	from a judge, teacher or other professional school official, or
166	physician, as specified in paragraph (1)(a), paragraph (1)(d),
167	or paragraph (1)(g), who is acting in his or her professional
168	capacity, alleging harm as defined in s. 39.01.
169	(c) Reporters in occupation categories designated in
170	subsection (1) are required to provide their names to the
171	hotline staff. The names of reporters shall be entered into the
172	record of the report, but shall be held confidential as provided
173	in s. 39.202.
174	(e)(d)Reports involving known or suspected institutional
175	child abuse or neglect shall be made and received in the same
176	manner as all other reports made pursuant to this section.
177	(f)(e)Reports involving a known or suspected juvenile
178	sexual offender shall be made and received by the department.
179	1. The department shall determine the age of the alleged
180	juvenile sexual offender if known.
181	2. When the alleged juvenile sexual offender is 12 years
182	of age or younger, the central abuse hotline shall immediately
183	electronically transfer the call to the appropriate law
184	enforcement agency office. The department shall conduct an
185	assessment and assist the family in receiving appropriate
186	services pursuant to s. 39.307proceed with an investigation of
187	the report pursuant to this part, immediately electronically
188	transfer the call to the appropriate law enforcement agency
189	office by the central abuse hotline,and send a written report
190	of the allegation to the appropriate county sheriff's office
191	within 48 hours after the initial report is made to the central
192	abuse hotline.
193	3. When the alleged juvenile sexual offender is 13 years
194	of age or older, the department shall immediately electronically
195	transfer the call to the appropriate county sheriff's office by
196	the central abuse hotline, and send a written report to the
197	appropriate county sheriff's office within 48 hours after the
198	initial report to the central abuse hotline.
199	(g)(f)Reports involving abandoned newborn infants as
200	described in s. 383.50 shall be made and received by the
201	department.
202	1. If the report is of an abandoned newborn infant as
203	described in s. 383.50 and there is no indication of abuse,
204	neglect, or abandonment other than that necessarily entailed in
205	the infant having been left at a hospital, emergency medical
206	services station, or fire station, the department shall provide
207	to the caller the name of a licensed child-placing agency on a
208	rotating basis from a list of licensed child-placing agencies
209	eligible and required to accept physical custody of and to place
210	newborn infants left at a hospital, emergency medical services
211	station, or fire station. The report shall not be considered a
212	report of abuse, neglect, or abandonment solely because the
213	infant has been left at a hospital, emergency medical services
214	station, or fire station pursuant to s. 383.50.
215	2. If the caller reports indications of abuse or neglect
216	beyond that necessarily entailed in the infant having been left
217	at a hospital, emergency medical services station, or fire
218	station, the report shall be considered as a report of abuse,
219	neglect, or abandonment and shall be subject to the requirements
220	of s. 39.395 and all other relevant provisions of this chapter,
221	notwithstanding any provisions of chapter 383.
222	(h)(g)Hotline counselors shall receive periodic training
223	in encouraging reporters to provide their names when reporting
224	abuse, abandonment, or neglect. Callers shall be advised of the
225	confidentiality provisions of s. 39.202. The department shall
226	secure and install electronic equipment that automatically
227	provides to the hotline the number from which the call is
228	placed. This number shall be entered into the report of abuse,
229	abandonment, or neglect and become a part of the record of the
230	report, but shall enjoy the same confidentiality as provided to
231	the identity of the caller pursuant to s. 39.202.
232	(i)(h)The department shall voice-record all incoming or
233	outgoing calls that are received or placed by the central abuse
234	hotline which relate to suspected or known child abuse, neglect,
235	or abandonment. The recording shall become a part of the record
236	of the report but, notwithstanding s. 39.202, shall be released
237	in full only to law enforcement agencies and state attorneys for
238	the purpose of investigating and prosecuting criminal charges
239	pursuant to s. 39.205, or to employees of the department for the
240	purpose of investigating and seeking administrative penalties
241	pursuant to s. 39.206. Nothing in this paragraph shall prohibit
242	the use of the recordings by hotline staff for quality assurance
243	and training.
244	(7)(a) This section does not require a professional who is
245	hired by or enters into a contract with the department for the
246	purpose of treating or counseling any person, as a result of a
247	report of child abuse, abandonment, or neglect, to again report
248	to the central abuse hotline the abuse, abandonment, or neglect
249	that was the subject of the referral for treatment.
250	(b) This section does not require an officer or employee
251	of the judicial branch to again provide notice of reasonable
252	cause to suspect child abuse, abandonment, or neglect when that
253	child is currently being investigated by the department, there
254	is an existing dependency case, or the matter has previously
255	been reported to the department, provided there is reasonable
256	cause to believe the information is already known to the
257	department. This paragraph applies only when the information has
258	been provided to the officer or employee in the course of
259	official duties.
260	(8) Nothing in this chapter or in the contracting with
261	community-based care providers for foster care and related
262	services as specified in s. 409.1671 shall be construed to
263	remove or reduce the duty and responsibility of any person,
264	including any employee of the community-based care provider, to
265	report a suspected or actual case of child abuse, abandonment,
266	or neglect or the sexual abuse of a child to the department's
267	central abuse hotline.
268	Section 2. Subsections (10) through (19) of section
269	39.301, Florida Statutes, are renumbered as subsections (12)
270	through (21), respectively, subsection (9) of said section is
271	amended, and new subsections (10) and (11) are added to said
272	section, to read:
273	39.301 Initiation of protective investigations.--
274	(9)(a) For each report received that meets one or more of
275	the following criteriait receives, the department or the
276	sheriff providing child protective investigative services under
277	s. 39.3065shall perform an onsite child protective
278	investigation:
279	1. A report for which there is obvious compelling evidence
280	that no maltreatment occurred and there are no prior reports
281	containing some indicators or verified findings of abuse or
282	neglect with respect to any subject of the report or other
283	individuals in the home. A prior report in which an adult in the
284	home was a victim of abuse or neglect before becoming an adult
285	does not exclude a report otherwise meeting the criteria of this
286	subparagraph from the onsite child protective investigation
287	provided for in this paragraph. The process for an onsite child
288	protective investigation stipulated in this subsection may not
289	be conducted if an allegation meeting the criteria of this
290	subparagraph involves physical abuse, sexual abuse, domestic
291	violence, substance abuse or substance exposure, medical
292	neglect, a child younger than 3 years of age, or a child who is
293	disabled or lacks communication skills.
294	2. A report concerning an incident of abuse that is
295	alleged to have occurred 2 or more years prior to the date of
296	the report and there are no other indicators of risk to any
297	child in the home.
298	(b) The onsite child protective investigation to be
299	performed shall includethat includesa face-to-face interview
300	with the child;, other siblings;, parents, legal custodians, or
301	caregivers;and other adults in the household and an onsite
302	assessment of the child's residence in order to:
303	1.(a)Determine the composition of the family or
304	household, including the name, address, date of birth, social
305	security number, sex, and race of each child named in the
306	report; any siblings or other children in the same household or
307	in the care of the same adults; the parents, legal custodians,
308	or caregivers; and any other adults in the same household.
309	2.(b)Determine whether there is indication that any child
310	in the family or household has been abused, abandoned, or
311	neglected; the nature and extent of present or prior injuries,
312	abuse, or neglect, and any evidence thereof; and a determination
313	as to the person or persons apparently responsible for the
314	abuse, abandonment, or neglect, including the name, address,
315	date of birth, social security number, sex, and race of each
316	such person.
317	3.(c)Determine the immediate and long-term risk to each
318	child by conducting state and federal records checks, including,
319	when feasible, the records of the Department of Corrections, on
320	the parents, legal custodians, or caregivers, and any other
321	persons in the same household. This information shall be used
322	solely for purposes supporting the detection, apprehension,
323	prosecution, pretrial release, posttrial release, or
324	rehabilitation of criminal offenders or persons accused of the
325	crimes of child abuse, abandonment, or neglect and shall not be
326	further disseminated or used for any other purpose. The
327	department's child protection investigators are hereby
328	designated a criminal justice agency for the purpose of
329	accessing criminal justice information to be used for enforcing
330	this state's laws concerning the crimes of child abuse,
331	abandonment, and neglect.
332	4.(d)Determine the immediate and long-term risk to each
333	child through utilization of standardized risk assessment
334	instruments.
335	5.(e)Based on the information obtained from available
336	sources, complete the risk assessment instrument within 48 hours
337	after the initial contact and, if needed, develop a case plan.
338	6.(f)Determine the protective, treatment, and
339	ameliorative services necessary to safeguard and ensure the
340	child's safety and well-being and development, and cause the
341	delivery of those services through the early intervention of the
342	department or its agent. The training provided to staff members
343	who conduct child protective investigations must include
344	instruction on how and when to use the injunction process under
345	s. 39.504 or s. 741.30 to remove a perpetrator of domestic
346	violence from the home as an intervention to protect the child.
347	(c) The determination that a report requires an
348	investigation as provided in this subsection and does not
349	require an enhanced onsite child protective investigation
350	pursuant to subsection (10) must be approved in writing by the
351	supervisor with documentation specifying why additional
352	investigative activities are not necessary.
353	(d) A report that meets the criteria specified in this
354	subsection is not precluded from further investigative
355	activities. At any time it is determined that additional
356	investigative activities are necessary for the safety of the
357	child, such activities shall be conducted.
358	(10)(a) For each report that meets one or more of the
359	following criteria, the department shall perform an enhanced
360	onsite child protective investigation:
361	1. Any allegation that involves physical abuse, sexual
362	abuse, domestic violence, substance abuse or substance exposure,
363	medical neglect, a child younger than 3 years of age, or a child
364	who is disabled or lacks communication skills.
365	2. Any report that involves an individual who has been the
366	subject of a prior report containing some indicators or verified
367	findings of abuse, neglect, or abandonment.
368	3. Any report that does not contain compelling evidence
369	that the maltreatment did not occur.
370	4. Any report that does not meet the criteria for an
371	onsite child protective investigation as set forth in subsection
372	(9).
373	(b) The enhanced onsite child protective investigation
374	shall include, but is not limited to:
375	1. A face-to-face interview with the child; other
376	siblings; parents, legal custodians, or caregivers; and other
377	adults in the household;
378	2. Collateral contacts;
379	3. Contact with the reporter as required by rule;
380	4. An onsite assessment of the child's residence in
381	accordance with paragraph (9)(b); and
382	5. An updated assessment.
383
384	Detailed documentation is required for the investigative
385	activities.
386	(11) The department shall incorporate into its quality
387	assurance program the monitoring of the determination of reports
388	that require an onsite child protective investigation and those
389	that require an enhanced onsite child protective investigation.
390	Section 3. Subsection (1) of section 39.302, Florida
391	Statutes, is amended to read:
392	39.302 Protective investigations of institutional child
393	abuse, abandonment, or neglect.--
394	(1) The department shall conduct a child protective
395	investigation of each report of institutional child abuse,
396	abandonment, or neglect. Upon receipt of a report thatwhich
397	alleges that an employee or agent of the department, or any
398	other entity or person covered by s. 39.01(31) or (47), acting
399	in an official capacity, has committed an act of child abuse,
400	abandonment, or neglect, the department shall immediately
401	initiate a child protective investigation within the timeframe
402	established by the central abuse hotline pursuant to s.
403	39.201(5)and orally notify the appropriate state attorney, law
404	enforcement agency, and licensing agency. These agencies shall
405	immediately conduct a joint investigation, unless independent
406	investigations are more feasible. When conducting investigations
407	onsite or having face-to-face interviews with the child, such
408	investigation visits shall be unannounced unless it is
409	determined by the department or its agent that such unannounced
410	visits would threaten the safety of the child. When a facility
411	is exempt from licensing, the department shall inform the owner
412	or operator of the facility of the report. Each agency
413	conducting a joint investigation shall be entitled to full
414	access to the information gathered by the department in the
415	course of the investigation. A protective investigation must
416	include an onsite visit of the child's place of residence. In
417	all cases, the department shall make a full written report to
418	the state attorney within 3 working days after making the oral
419	report. A criminal investigation shall be coordinated, whenever
420	possible, with the child protective investigation of the
421	department. Any interested person who has information regarding
422	the offenses described in this subsection may forward a
423	statement to the state attorney as to whether prosecution is
424	warranted and appropriate. Within 15 days after the completion
425	of the investigation, the state attorney shall report the
426	findings to the department and shall include in such report a
427	determination of whether or not prosecution is justified and
428	appropriate in view of the circumstances of the specific case.
429	Section 4. Subsection (1) of section 39.307, Florida
430	Statutes, is amended to read:
431	39.307 Reports of child-on-child sexual abuse.--
432	(1) Upon receiving a report alleging juvenile sexual abuse
433	as defined in s. 39.01(7)(b), the department shall assist the
434	family in receiving appropriate services to address the
435	allegations of the report.
436	Section 5. Section 39.823, Florida Statutes, is amended to
437	read:
438	39.823 Guardian advocates for drug dependent
439	newborns.--The Legislature finds that increasing numbers of drug
440	dependent children are born in this state. Because of the
441	parents' continued dependence upon drugs, the parents may
442	temporarily leave their child with a relative or other adult or
443	may have agreed to voluntary family services under s.
444	39.301(14)(12). The relative or other adult may be left with a
445	child who is likely to require medical treatment but for whom
446	they are unable to obtain medical treatment. The purpose of this
447	section is to provide an expeditious method for such relatives
448	or other responsible adults to obtain a court order which allows
449	them to provide consent for medical treatment and otherwise
450	advocate for the needs of the child and to provide court review
451	of such authorization.
452	Section 6. Subsection (2) of section 414.065, Florida
453	Statutes, is amended to read:
454	414.065 Noncompliance with work requirements.--
455	(2) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR
456	CHILDREN; PROTECTIVE PAYEES.--
457	(a) Upon the second or third occurrence of noncompliance,
458	temporary cash assistance and food stamps for the child or
459	children in a family who are under age 16 may be continued. Any
460	such payments must be made through a protective payee or, in the
461	case of food stamps, through an authorized representative. Under
462	no circumstances shall temporary cash assistance or food stamps
463	be paid to an individual who has failed to comply with program
464	requirements.
465	(b) Protective payees shall be designated by the
466	department and may include:
467	1. A relative or other individual who is interested in or
468	concerned with the welfare of the child or children and agrees
469	in writing to utilize the assistance in the best interest of the
470	child or children.
471	2. A member of the community affiliated with a religious,
472	community, neighborhood, or charitable organization who agrees
473	in writing to utilize the assistance in the best interest of the
474	child or children.
475	3. A volunteer or member of an organization who agrees in
476	writing to fulfill the role of protective payee and to utilize
477	the assistance in the best interest of the child or children.
478	(c) The protective payee designated by the department
479	shall be the authorized representative for purposes of receiving
480	food stamps on behalf of a child or children under age 16. The
481	authorized representative must agree in writing to use the food
482	stamps in the best interest of the child or children.
483	(d) If it is in the best interest of the child or
484	children, as determined by the department, for the staff member
485	of a private agency, a public agency, the department, or any
486	other appropriate organization to serve as a protective payee or
487	authorized representative, such designation may be made, except
488	that a protective payee or authorized representative must not be
489	any individual involved in determining eligibility for temporary
490	cash assistance or food stamps for the family, staff handling
491	any fiscal processes related to issuance of temporary cash
492	assistance or food stamps, or landlords, grocers, or vendors of
493	goods, services, or items dealing directly with the participant.
494	(e) The department may pay incidental expenses or travel
495	expenses for costs directly related to performance of the duties
496	of a protective payee as necessary to implement the provisions
497	of this subsection.
498	(f) If the department is unable to designate a qualified
499	protective payee or authorized representative, a referral shall
500	be made under the provisions of chapter 39 for protective
501	intervention.
502	Section 7. (1) The Department of Children and Family
503	Services shall establish a Protective Investigator Retention
504	Workgroup. The duties of the workgroup shall be to:
505	(a) Examine the feasibility of an alternative response
506	system for responding to low-risk abuse or neglect reports,
507	design and describe in detail the alternative response system
508	that would best serve this state, and, if determined viable,
509	develop a plan for implementing the system.
510	(b) Examine and develop a plan for an investigative
511	process that provides for different levels of investigative
512	activities based on the level of severity of risk and
513	probability of continued or increased abuse or neglect.
514	(c) Examine and make recommendations regarding how
515	institutional child abuse in facilities of the Department of
516	Juvenile Justice should be handled, including the protection
517	against abuse which should be afforded children in those
518	facilities, the entity or entities that should be responsible
519	for conducting the investigations, the penalties or sanctions
520	that should be imposed, a means of providing for the
521	independence of investigations, and how the recommendations will
522	ensure the protection of children.
523	(d) Examine the results of the Florida State University
524	protective investigators' task analysis study to determine how
525	to make the child protective investigation process more
526	efficient, including, but not limited to, identifying the tasks
527	that are necessary for an effective protective investigation
528	process, streamlining of forms, and identifying the tasks that
529	should be performed by other positions.
530	(e) Examine and develop a plan for building communication
531	and involvement in decisionmaking with frontline staff and for
532	promoting nonmonetary recognition.
533	(f) Examine and make recommendations regarding the minimum
534	appropriate education and work experience desirable for
535	protective investigators and protective investigator
536	supervisors.
537	(g) Examine and develop a plan for the training needed to
538	adequately prepare protective investigators for the job,
539	including, but not limited to, identifying the training that is
540	applicable statewide and that is specific to each district,
541	identifying instruction that is appropriate for classroom
542	training and that would be more effective through some form of
543	structured field or on-the-job training, strengthening the
544	structured field or on-the-job training, estimating the cost of
545	strengthening the structured field or on-the-job training, and
546	setting forth a 3-year implementation plan for phasing in any
547	identified expansion to the training program.
548	(2) The department shall include as members of the
549	workgroup protective investigators, protective investigative
550	supervisors, representatives from at least two of the sheriffs'
551	offices conducting this function on the effective date of this
552	act, and at least two individuals outside the department who
553	have expertise in other states' child protection systems.
554	(3) Advisory groups may be used to conduct the
555	examinations and develop the specified plans. The department is
556	encouraged to use individuals and entities having knowledge and
557	experience in the issues from outside the department on these
558	advisory groups, such as representatives having experience in
559	domestic violence programs and services. The following
560	representation shall be included on either the advisory group or
561	workgroup examining the issue:
562	(a) Representatives from the Department of Juvenile
563	Justice, the Florida Juvenile Justice Association, and the
564	Statewide Advocacy Council for the examination of institutional
565	child abuse in Department of Juvenile Justice facilities.
566	(b) Representatives from the child welfare training
567	academies for examination of the training needed to adequately
568	prepare protective investigators.
569	(c) Representatives having experience from Florida's
570	Family Services Response System and from the Neighborhood
571	Partnerships for the Protection of Children for the examination
572	of the feasibility of an alternative response system.
573	(d) Representatives from the Behavior Analysis Services
574	Program for examination of the development of an investigative
575	process that provides different levels of investigative
576	activities.
577	(e) Representatives from each of the sheriffs' offices
578	conducting child protective investigations on the effective date
579	of this act for the examination of the feasibility of an
580	alternative response system and the examination of the
581	development of an investigative process that provides different
582	levels of investigative activities.
583	(4) The Protective Investigator Retention Workgroup shall
584	ensure that each of the examinations is conducted with the
585	necessary sharing of information and results to prevent the
586	development of plans that are incompatible with each other or
587	inconsistent with the statutory framework provided and desired
588	for child protection.
589	(5) A report of the results of each of the examinations
590	and plans developed shall be submitted to the President of the
591	Senate, the Speaker of the House of Representatives, and the
592	Governor by December 31, 2003.
593	Section 8. The Legislature finds that there is evidence
594	suggesting a link between the availability of certain services
595	to families in the child protective system and the workload and
596	turnover of protective investigators. Families being
597	investigated for child abuse may remain in the investigation
598	process for a longer period of time or return to the child
599	protective system due to the unavailability of certain services,
600	increasing the number of families requiring subsequent
601	investigations. Therefore, the Office of Program Policy Analysis
602	and Government Accountability is directed to conduct a study of
603	the impact that the availability of services to families has on
604	the protective investigators' workload and turnover and on the
605	subsequent reports of abuse in the families and to identify
606	those specific services that would address the immediate needs
607	of families involved in a child protective investigation process
608	and those services that would be most likely to prevent the
609	families' return into the child protection system. A report of
610	the results of the study shall be submitted to the President of
611	the Senate, the Speaker of the House of Representatives, and the
612	Governor by December 31, 2003.
613	Section 9. (1) The Department of Children and Family
614	Services shall submit a report to the Senate Committee on
615	Children and Families and the House Committee on the Future of
616	Florida's Families on the status of the implementation of the
617	new investigation process, the identification of emerging
618	benefits or problems, and, if determined necessary, any
619	recommendations for modifications by December 31, 2003.
620	(2) A quality assurance review of the reports requiring an
621	onsite child protective investigation pursuant to s. 39.301(9),
622	Florida Statutes, shall be conducted to examine the accuracy of
623	the determinations not to use the enhanced process, the
624	recurrence of abuse to determine whether there is an
625	unacceptable risk to the families in not using the enhanced
626	process, and whether the intended efficacy in the workload
627	management is achieved by this new process. The Department of
628	Children and Family Services shall conduct this quality
629	assurance review for the department's protective investigative
630	units. For the sheriffs' offices conducting child protective
631	investigations, this quality assurance review shall be
632	incorporated into the program performance evaluation conducted
633	pursuant to s. 39.3065(3)(d), Florida Statutes. A report on the
634	results of the quality assurance review shall be submitted to
635	the Governor, the President of the Senate, and the Speaker of
636	the House of Representatives by December 31, 2004.
637	Section 10. Notwithstanding any provision of chapter 216,
638	Florida Statutes, to the contrary and for the 2003-2004 fiscal
639	year only, the Department of Children and Family Services may
640	not amend the approved operating budget in a manner that
641	decreases the funding and positions appropriated for additional
642	protective investigator positions and the costs related to those
643	positions without the approval of the Legislative Budget
644	Commission.
645	Section 11. The Department of Children and Family
646	Services, in collaboration with the sheriffs' offices, shall
647	develop guidelines for conducting an onsite child protective
648	investigation that specifically does not require the additional
649	activities required by the department and for conducting an
650	enhanced child protective investigation, including determining
651	whether compelling evidence exists that no maltreatment
652	occurred, conducting collateral contacts, contacting the
653	reporter, updating the risk assessment, and providing for
654	differential levels of documentation between an onsite and an
655	enhanced onsite child protective investigation.
656	Section 12. This act shall take effect upon becoming a
657	law.