HB 1923 2003
1	A bill to be entitled
2	An act relating to the Department of Children and Family
3	Services; amending s. 39.202, F.S.; providing access to
4	reports and records in cases of child abuse or neglect to
5	additional persons; authorizing the Department of Children
6	and Family Services and specified law enforcement agencies
7	to release certain information when a child is under
8	investigation or supervision; providing an exception;
9	providing that persons releasing such information are not
10	subject to civil or criminal penalty for the release;
11	providing for an additional circumstance for release of
12	otherwise confidential records; amending s. 402.40, F.S.;
13	removing Tallahassee Community College as the sole
14	contract provider for child welfare training academies;
15	providing for development of core competencies; providing
16	for advanced training; requiring development of a
17	certification process by the department; modifying
18	requirements for the establishment of training academies;
19	providing for modification of child welfare training;
20	amending s. 409.1451, F.S.; redesignating the independent
21	living services integration workgroup as the independent
22	living services workgroup; providing duties for the
23	workgroup; requiring reports; deleting obsolete language;
24	providing that property acquired on behalf of clients
25	under the transition to the independent living program
26	shall become the personal property of the clients and is
27	not subject to the requirements of ch. 273, F.S., relating
28	to state-owned tangible personal property; amending s.
29	409.1671, F.S.; eliminating the timetable for total
30	privatization of foster care and related services;
31	providing for the continuation of privatization in
32	counties with startup contracts; prohibiting the transfer
33	of further services to lead agencies prior to the
34	completion of a readiness assessment; requiring the
35	Auditor General and the Office of Program Policy Analysis
36	and Government Accountability, in consultation with the
37	Child Welfare League of America and the Louis de la Parte
38	Florida Mental Health Institute, shall jointly review and
39	assess the department’s process for determining district
40	and lead agency readiness; amending s. 409.953, F.S.;
41	authorizing the Department of Children and Family Services
42	to administer the refugee assistance program; providing
43	for custody determination and placement of unaccompanied
44	refugee minors; amending s. 937.021, F.S.; providing for
45	the filing of police reports for missing children in the
46	county or municipality where the child was last seen;
47	providing for an evaluation of child welfare legal
48	services by the Office of Program Policy Analysis and
49	Government Accountability; providing an effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1. Section 39.202, Florida Statutes, is amended to
54	read:
55	39.202 Confidentiality of reports and records in cases of
56	child abuse or neglect.--
57	(1) In order to protect the rights of the child and the
58	child's parents or other persons responsible for the child's
59	welfare, all records held by the department concerning reports
60	of child abandonment, abuse, or neglect, including reports made
61	to the central abuse hotline and all records generated as a
62	result of such reports, shall be confidential and exempt from
63	the provisions of s. 119.07(1) and shall not be disclosed except
64	as specifically authorized by this chapter. Such exemption from
65	s. 119.07(1) applies to information in the possession of those
66	entities granted access as set forth in this section.
67	(2) Except as provided in subsection (4),access to such
68	records, excluding the name of the reporter which shall be
69	released only as provided in subsection (5)(4), shall be
70	granted only to the following persons, officials, and agencies:
71	(a) Employees, authorized agents, or contract providers of
72	the department, the Department of Health, or county agencies
73	responsible for carrying out:
74	1. Child or adult protective investigations;
75	2. Ongoing child or adult protective services;
76	3. Healthy Start services; or
77	4. Licensure or approval of adoptive homes, foster homes,
78	or child care facilities, or family day care homes or informal
79	child care providers who receive subsidized child care funding,
80	or other homes used to provide for the care and welfare of
81	children; or.
82	5. Services for victims of domestic violence when provided
83	by certified domestic violence centers working at the
84	department’s request as case consultants or with shared clients.
85
86	Also, employees or agents of the Department of Juvenile Justice
87	responsible for the provision of services to children, pursuant
88	to chapters 984 and 985.
89	(b) Criminal justice agencies of appropriate jurisdiction.
90	(c) The state attorney of the judicial circuit in which
91	the child resides or in which the alleged abuse or neglect
92	occurred.
93	(d) The parent or legal custodian of any child who is
94	alleged to have been abused, abandoned, or neglected, and the
95	child, and their attorneys, including any attorney representing
96	a child in civil or criminal proceedings. This access shall be
97	made available no later than 30 days after the department
98	receives the initial report of abuse, neglect, or abandonment.
99	However, any information otherwise made confidential or exempt
100	by law shall not be released pursuant to this paragraph.
101	(e) Any person alleged in the report as having caused the
102	abuse, abandonment, or neglect of a child. This access shall be
103	made available no later than 30 days after the department
104	receives the initial report of abuse, abandonment, or neglect
105	and, when the alleged perpetrator is not a parent, shall be
106	limited to information involving the protective investigation
107	only and shall not include any information relating to
108	subsequent dependency proceedings. However, any information
109	otherwise made confidential or exempt by law shall not be
110	released pursuant to this paragraph.
111	(f) A court upon its finding that access to such records
112	may be necessary for the determination of an issue before the
113	court; however, such access shall be limited to inspection in
114	camera, unless the court determines that public disclosure of
115	the information contained therein is necessary for the
116	resolution of an issue then pending before it.
117	(g) A grand jury, by subpoena, upon its determination that
118	access to such records is necessary in the conduct of its
119	official business.
120	(h) Any appropriate official of the department responsible
121	for:
122	1. Administration or supervision of the department's
123	program for the prevention, investigation, or treatment of child
124	abuse, abandonment, or neglect, or abuse, neglect, or
125	exploitation of a vulnerable adult, when carrying out his or her
126	official function;
127	2. Taking appropriate administrative action concerning an
128	employee of the department alleged to have perpetrated child
129	abuse, abandonment, or neglect, or abuse, neglect, or
130	exploitation of a vulnerable adult; or
131	3. Employing and continuing employment of personnel of the
132	department.
133	(i) Any person authorized by the department who is engaged
134	in the use of such records or information for bona fide
135	research, statistical, or audit purposes. Such individual or
136	entity shall enter into a privacy and security agreement with
137	the department and shall comply with all laws and rules
138	governing the use of such records and information for research
139	and statistical purposes. Information identifying the subjects
140	of such records or information shall be treated as confidential
141	by the researcher and shall not be released in any form.
142	(j) The Division of Administrative Hearings for purposes
143	of any administrative challenge.
144	(k) Any appropriate official of a Florida advocacy council
145	investigating a report of known or suspected child abuse,
146	abandonment, or neglect; the Auditor General or the Office of
147	Program Policy Analysis and Government Accountability for the
148	purpose of conducting audits or examinations pursuant to law; or
149	the guardian ad litem for the child.
150	(l) Employees or agents of an agency of another state that
151	has comparable jurisdiction to the jurisdiction described in
152	paragraph (a).
153	(m) The Public Employees Relations Commission for the sole
154	purpose of obtaining evidence for appeals filed pursuant to s.
155	447.207. Records may be released only after deletion of all
156	information which specifically identifies persons other than the
157	employee.
158	(n) Employees or agents of the Department of Revenue
159	responsible for child support enforcement activities.
160	(o) Any person in the event of the death of a child
161	determined to be a result of abuse, abandonment, or neglect.
162	Information identifying the person reporting abuse, abandonment,
163	or neglect shall not be released. Any information otherwise made
164	confidential or exempt by law shall not be released pursuant to
165	this paragraph.
166	(p) Employees or agents of school boards, public schools,
167	private schools, and charter schools, or other educational
168	institutions.
169	(3) The department may release to professional persons
170	such information as is necessary for the diagnosis and treatment
171	of the child or the person perpetrating the abuse or neglect.
172	(4) Notwithstanding any other provision of law, when a
173	child under investigation or supervision of the department or
174	its contracted service providers is determined to be missing,
175	the following shall apply:
176	(a) The department may release the following information
177	to the public when it believes the release of the information is
178	likely to assist efforts in locating the child or to promote the
179	safety or well-being of the child:
180	1. The name of the child and the child's date of birth.
181	2. A physical description of the child, including, at a
182	minimum, the height, weight, hair color, eye color, gender, and
183	any identifying physical characteristics of the child.
184	3. A photograph of the child.
185	(b) With the concurrence of the law enforcement agency
186	primarily responsible for investigating the incident, the
187	department may release any additional information it believes
188	likely to assist efforts in locating the child or to promote the
189	safety or well-being of the child.
190	(c) The law enforcement agency primarily responsible for
191	investigating the incident may release any information received
192	from the department regarding the investigation if it believes
193	the release of the information is likely to assist efforts in
194	locating the child or to promote the safety or well-being of the
195	child.
196
197	The good-faith publication or release of this information by the
198	department, a law enforcement agency, or any recipient of the
199	information as specifically authorized by this subsection shall
200	not subject the person, agency, or entity releasing the
201	information to any civil or criminal penalty. This subsection
202	does not authorize the release of the name of the reporter,
203	which may be released only as provided in subsection (5).
204	(5)(4)The name of any person reporting child abuse,
205	abandonment, or neglect may not be released to any person other
206	than employees of the department responsible for child
207	protective services, the central abuse hotline, law enforcement,
208	the child protection team, or the appropriate state attorney,
209	without the written consent of the person reporting. This does
210	not prohibit the subpoenaing of a person reporting child abuse,
211	abandonment, or neglect when deemed necessary by the court, the
212	state attorney, or the department, provided the fact that such
213	person made the report is not disclosed. Any person who reports
214	a case of child abuse or neglect may, at the time he or she
215	makes the report, request that the department notify him or her
216	that a child protective investigation occurred as a result of
217	the report. Any person specifically listed in s. 39.201(1) who
218	makes a report in his or her official capacity may also request
219	a written summary of the outcome of the investigation. The
220	department shall mail such a notice to the reporter within 10
221	days after completing the child protective investigation.
222	(6)(5)All records and reports of the child protection
223	team of the Department of Health are confidential and exempt
224	from the provisions of ss. 119.07(1) and 456.057, and shall not
225	be disclosed, except, upon request, to the state attorney, law
226	enforcement, the department, and necessary professionals, in
227	furtherance of the treatment or additional evaluative needs of
228	the child, by order of the court, or to health plan payors,
229	limited to that information used for insurance reimbursement
230	purposes.
231	(7)(6)The department shall make and keep reports and
232	records of all cases under this chapter relating to child abuse,
233	abandonment, and neglect and shall preserve the records
234	pertaining to a child and family until 7 years after the last
235	entry was made or until the child is 18 years of age, whichever
236	date is first reached, and may then destroy the records.
237	Department records required by this chapter relating to child
238	abuse, abandonment, and neglect may be inspected only upon order
239	of the court or as provided for in this section.
240	(8)(7)A person who knowingly or willfully makes public or
241	discloses to any unauthorized person any confidential
242	information contained in the central abuse hotline is subject to
243	the penalty provisions of s. 39.205. This notice shall be
244	prominently displayed on the first sheet of any documents
245	released pursuant to this section.
246	Section 2. Section 402.40, Florida Statutes, is amended to
247	read:
248	402.40 Child welfare training.--
249	(1) LEGISLATIVE INTENT.--In order to enable the state to
250	provide a systematic approach to staff development and training
251	for persons providing child welfare servicesdependency program
252	staffthat will meet the needs of such staff in their discharge
253	of duties, it is the intent of the Legislature that the
254	Department of Children and Family Services establish, maintain,
255	and oversee the operation of child welfare training academies in
256	the state. The Legislature further intends that the staff
257	development and training programs that are established will aid
258	in the reduction of poor staff morale and of staff turnover,
259	will positively impact on the quality of decisions made
260	regarding children and families who require assistance from
261	programs providing child welfare servicesdependency programs,
262	and will afford better quality care of children who must be
263	removed from their families.
264	(2) DEFINITIONS.--As used in this section, the term:
265	(a) "Child welfare services""Dependency program"means
266	any intake, protective investigation,preprotective services,
267	protective services, foster care, shelter and group care, and
268	adoption and related services program, including supportive
269	services and supervision and legal services provided to children
270	who are alleged to have been abused, abandoned, or neglected, or
271	who are at risk of becoming, alleged to be, or who have been
272	found dependent, pursuant to chapter 39whether operated by or
273	contracted by the department, providing intake, counseling,
274	supervision, or custody and care of children who are alleged to
275	be or who have been found to be dependent pursuant to chapter 39
276	or who have been identified as being at risk of becoming
277	dependent.
278	(b) "Person providing child welfare services""Dependency
279	program staff" means the person with a responsibility for
280	supervisory, legal,and direct care, or support-related work in
281	the provision of child welfare services pursuant to chapter 39
282	staff of a dependency program as well as support staff who have
283	direct contact with children in a dependency program.
284	(3) CHILD WELFARE TRAINING PROGRAM.--The department shall
285	establish a program for training pursuant to the provisions of
286	this section, and all persons providing child welfare services
287	dependency program staffshall be required to participate in and
288	successfully complete the program of training pertinent to their
289	areas of responsibility.
290	(4) CHILD WELFARE TRAINING TRUST FUND.--
291	(a) There is created within the State Treasury a Child
292	Welfare Training Trust Fund to be used by the Department of
293	Children and Family Services for the purpose of funding a
294	comprehensive system of child welfare training, including the
295	securing of consultants to develop the system and the developing
296	of child welfare training academies that include the
297	participation of persons providing child welfare services
298	dependency program staff.
299	(b) One dollar from every noncriminal traffic infraction
300	collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be
301	deposited into the Child Welfare Training Trust Fund.
302	(c) In addition to the funds generated by paragraph (b),
303	the trust fund shall receive funds generated from an additional
304	fee on birth certificates and dissolution of marriage filings,
305	as specified in ss. 382.0255 and 28.101, respectively, and may
306	receive funds from any other public or private source.
307	(d) Funds that are not expended by the end of the budget
308	cycle or through a supplemental budget approved by the
309	department shall revert to the trust fund.
310	(5) CORE COMPETENCIES.--
311	(a) The Department of Children and Family Services shall
312	establish the core competencies for a single integrated
313	preservice curriculum that ensures that each person delivering
314	child welfare services obtains the knowledge, skills, and
315	abilities to competently carry out his or her work
316	responsibilities. This preservice curriculum may be a
317	compilation of different development efforts based on specific
318	subsets of core competencies that are integrated for a
319	comprehensive preservice curriculum required in the provision of
320	child welfare services in this state.
321	(b) The identification of these core competencies shall be
322	a collaborative effort to include professionals with expertise
323	in child welfare services and providers that will be affected by
324	the curriculum, to include, but not be limited to,
325	representatives from the community-based care lead agencies,
326	sheriffs’ offices conducting child protection investigations,
327	and child welfare legal services providers.
328	(c) Notwithstanding the provisions of s. 287.057(5) and
329	(22), the department shall competitively bid and contract for
330	the development, validation, and periodic evaluation of the
331	training curricula for the established single integrated
332	preservice curriculum. No more than one training curriculum may
333	be developed for each specific subset of the core competencies.
334	(6) ADVANCED TRAINING.--The Department of Children and
335	Family Services shall annually examine the advanced training
336	that is needed by persons providing child welfare services in
337	the state. This examination shall address whether the current
338	advanced training provided should be continued and shall include
339	the development of plans for incorporating any revisions to the
340	advanced training determined necessary. This examination shall
341	be conducted in collaboration with professionals with expertise
342	in child welfare services and providers that will be affected by
343	the curriculum, to include, but not be limited to,
344	representatives from the community-based care lead agencies,
345	sheriffs' offices conducting child protection investigations,
346	and child welfare legal services providers.
347	(7) CERTIFICATION AND TRAINER QUALIFICATIONS.--The
348	department shall, in collaboration with the professionals and
349	providers described in paragraph (5)(b), develop minimum
350	standards for a certification process that ensures participants
351	have successfully attained the knowledge, skills, and abilities
352	necessary to competently carry out their work responsibilities
353	and shall develop minimum standards for trainer qualifications
354	that shall be required of training academies in the offering of
355	the training curricula. Any person providing child welfare
356	services shall be required to master the components of the
357	preservice curriculum that are particular to that person’s work
358	responsibilities.
359	(8)(5)ESTABLISHMENT OF TRAINING ACADEMIES.--The
360	department shall establish child welfare training academies as
361	part of a comprehensive system of child welfare training. In
362	establishing a program of training, the department maycontract
363	for the operation of one or more training academies to perform
364	one or more of the following: to offer one or more of the
365	training curricula developed pursuant to subsection (5); to
366	administer the certification process; to develop, validate, and
367	periodically evaluate additional training curricula determined
368	necessary, including advanced training, that is specific to a
369	region or contractor, or that meets a particular training need;
370	or to offer the additional training curriculawith Tallahassee
371	Community College. The number, location, and timeframe for
372	establishment of additionaltraining academies shall be approved
373	by the Secretary of Children and Family Services who shall
374	ensure that the goals for the core competencies and the single
375	integrated preservice curriculum, the certification process, the
376	trainer qualifications, and the additional training needs are
377	addressed. Notwithstanding the provisions of s. 287.057(5) and
378	(22), the department shall seek competitive bids for all
379	training academy contracts.
380	(9) MODIFICATION OF CHILD WELFARE TRAINING.–-The core
381	competencies determined pursuant to subsection (5) and the
382	minimum standards for the certification process and for trainer
383	qualifications established pursuant to subsection (7) must be
384	submitted to the appropriate substantive committees of the
385	Senate and the House of Representatives prior to entering into
386	the competitive bid process for either the development,
387	validation, or periodic evaluation of the training curricula or
388	for the training academy contracts.
389	(10)(6)ADOPTION OF RULES.--The Department of Children and
390	Family Services shall adopt rules necessary to carry out the
391	provisions of this section.
392	Section 3. Subsection (7) of section 409.1451, Florida
393	Statutes, is amended, a new subsection (8) is added to said
394	section, and present subsection (8) is renumbered as subsection
395	(9) and amended, to read:
396	409.1451 Independent living transition services.--
397	(7) INDEPENDENT LIVING SERVICES INTEGRATION
398	WORKGROUP.--The Secretary of Children and Family Services shall
399	establish the independent living services integrationworkgroup,
400	which, at a minimum, shall include representatives from the
401	Department of Children and Family Services, the Agency for
402	Workforce Innovation, the Department of Education, the Agency
403	for Health Care Administration, the State Youth Advisory Board,
404	Workforce Florida, Inc., and foster parents. The workgroup shall
405	assess the implementation and operation of the system of
406	independent living transition services and advise the department
407	on actions that would improve the ability of the independent
408	living transition services to meet the established goals. The
409	workgroup shall keep the department informed of problems being
410	experienced with the services,barriers to the effective and
411	efficient integration of services,and support across systems,
412	and successes that the system of independent living transition
413	services has achieved. The department shall consider, but is not
414	required to implement, the recommendations of the workgroup. For
415	fiscal year 2002-2003 and 2003-2004, the workgroup shall report
416	to the appropriate substantive committees of the Senate and the
417	House of Representatives on the status of the implementation of
418	the system of independent living transition services; efforts to
419	publicize the availability of aftercare support services, the
420	Road-to-Independence Scholarship Program, and transitional
421	support services; specific barriers to financial aid created by
422	the scholarship and possible solutions; success of the services;
423	problems identified; recommendations for department or
424	legislative action; and the department’s implementation of the
425	recommendations contained in the Independent Living Services
426	Integration Workgroup Report submitted to the Senate and the
427	House of Representatives substantive committees December 31,
428	2002. These workgroup reports shall be submitted by December 31,
429	2003, and December 31, 2004, and each shall be accompanied by a
430	report from the department which identifies the recommendations
431	of the workgroup and either describes the department’s actions
432	to implement these recommendations or provides the department’s
433	rationale for not implementing the recommendationsfor the
434	transition of older children in foster care to independent
435	living. The workgroup shall recommend methods to overcome these
436	barriers and shall ensure that the state plan for federal
437	funding for the independent living transition services includes
438	these recommendations. The workgroup shall report to appropriate
439	legislative committees of the Senate and the House of
440	Representatives by December 31, 2002. Specific issues and
441	recommendations to be addressed by the workgroup include:
442	(a) Enacting the Medicaid provision of the federal Foster
443	Care Independence Act of 1999, Pub. L. No. 106-169, which allows
444	young adults formerly in foster care to receive medical coverage
445	up to 21 years of age.
446	(b) Extending the age of Medicaid coverage from 21 to 23
447	years of age for young adults formerly in foster care in order
448	to enable such youth to complete a postsecondary education
449	degree.
450	(c) Encouraging the regional workforce boards to provide
451	priority employment and support for eligible foster care
452	participants receiving independent living transition services.
453	(d) Facilitating transfers between schools when changes in
454	foster care placements occur.
455	(e) Identifying mechanisms to increase the legal authority
456	of foster parents and staff of the department or its agent to
457	provide for the age-appropriate care of older children in foster
458	care, including enrolling a child in school, signing for a
459	practice driver's license for the child under s. 322.09(4),
460	cosigning loans and insurance for the child, signing for the
461	child's medical treatment, and authorizing other similar
462	activities as appropriate.
463	(f) Transferring the allowance of spending money that is
464	provided by the department each month directly to an older child
465	in the program through an electronic benefit transfer program.
466	The purpose of the transfer is to allow these children to access
467	and manage the allowance they receive in order to learn
468	responsibility and participate in age-appropriate life skills
469	activities.
470	(g) Identifying other barriers to normalcy for a child in
471	foster care.
472	(8) PERSONAL PROPERTY.--Property acquired on behalf of
473	clients under this program shall become the personal property of
474	the clients and is not subject to the requirements of chapter
475	273 relating to state-owned tangible personal property.
476	(9)(8)RULEMAKING.--The department shall adopt by rule
477	procedures to administer this section, including provision for
478	the proportional reduction of scholarship awards when adequate
479	funds are not available for all applicants. These rules shall
480	balance the goals of normalcy and safety for the youth and
481	provide the caregivers with as much flexibility as possible to
482	enable the youth to participate in normal life experiences.The
483	department shall engage in appropriate planning to prevent, to
484	the extent possible, a reduction in scholarship awards after
485	issuance.
486	Section 4. Paragraphs (b), (c), and (d) of subsection (1)
487	of section 409.1671, Florida Statutes, are amended to read:
488	409.1671 Foster care and related services;
489	privatization.--
490	(1)(b) It is the intent of the Legislature that the
491	department will continue to work towards full privatization in a
492	manner that ensures the viability of the community-based system
493	of care and best provides for the safety of children in the
494	child protection system. To this end, the department is directed
495	to continue the process of privatizing services in those
496	counties in which signed startup contracts have been executed.
497	The department may also continue to enter into startup contracts
498	with additional counties. However, no services shall be
499	transferred to a community-based care lead agency until the
500	department, in consultation with the local community alliance,
501	has determined and certified in writing to the Governor and
502	Legislature that the district is prepared to transition the
503	provision of services to the lead agency and that the lead
504	agency is ready to deliver and be accountable for such service
505	provision. In making this determination, the department shall
506	conduct a readiness assessment of the district and the lead
507	agency.
508	1. The assessment shall evaluate the operational readiness
509	of the district and the lead agency based on:
510	a. A set of uniform criteria, developed in consultation
511	with currently operating community-based care lead agencies and
512	reflecting national accreditation standards, that evaluate
513	programmatic, financial, technical assistance, training, and
514	organizational competencies.
515	b. Local criteria reflective of the local community-based
516	care design and the community alliance priorities.
517	2. The readiness assessment shall be conducted by a joint
518	team of district and lead agency staff with direct experience
519	with the startup and operation of a community-based care service
520	program and representatives from the appropriate community
521	alliance. Within resources available for this purpose, the
522	department may secure outside audit expertise when necessary to
523	assist a readiness assessment team.
524	3. Upon completion of a readiness assessment, the
525	assessment team shall conduct an exit conference with the
526	district and lead agency staff responsible for the transition.
527	4. Within 30 days following the exit conference with staff
528	of each district and lead agency, the secretary shall certify in
529	writing to the Governor and Legislature that both the district
530	and the lead agency are prepared to begin the transition of
531	service provision based on the results of the readiness
532	assessment and the exit conference. The document of
533	certification must include specific evidence of readiness on
534	each element of the readiness instrument utilized by the
535	assessment team as well as a description of each element of
536	readiness needing improvement and strategies being implemented
537	to address each one.
538	(c) The Auditor General and the Office of Program Policy
539	Analysis and Government Accountability, in consultation with the
540	Child Welfare League of America and the Louis de la Parte
541	Florida Mental Health Institute, shall jointly review and assess
542	the department’s process for determining district and lead
543	agency readiness.
544	1. The review must, at a minimum, address the
545	appropriateness of the readiness criteria and instruments
546	applied, the appropriateness of the qualifications of
547	participants on each readiness assessment team, the degree to
548	which the department accurately determined each district and
549	lead agency’s compliance with the readiness criteria, the
550	quality of the technical assistance provided by the department
551	to a lead agency in correcting any weaknesses identified in the
552	readiness assessment, and the degree to which each lead agency
553	overcame any identified weaknesses.
554	2. Reports of these reviews must be submitted to the
555	appropriate substantive and appropriations committees in the
556	Senate and the House of Representatives on March 1 and September
557	1 of each year until full transition to community-based care has
558	been accomplished statewide, except that the first report must
559	be submitted by February 1, 2004, and must address all readiness
560	activities undertaken through June 30, 2003. The perspectives of
561	all participants in this review process must be included in each
562	report.
563	(d) In communities where economic or demographic
564	constraints make it impossible or not feasible to competitively
565	contract with a lead agency, the department shall develop an
566	alternative plan in collaboration with the local community
567	alliance, which may include establishing innovative geographical
568	configurations or consortiums of agencies. The plan must detail
569	how the community will continue to implement community-based
570	care through competitively procuring either the specific
571	components of foster care and related services or comprehensive
572	services for defined eligible populations of children and
573	families from qualified licensed agencies as part of its efforts
574	to develop the local capacity for a community-based system of
575	coordinated care. The plan must ensure local control over the
576	management and administration of the service provision in
577	accordance with the intent of this section and may include
578	recognized best business practices, including some form of
579	public or private partnerships by initiating the competitive
580	procurement process in each county by January 1, 2003. In order
581	to provide for an adequate transition period to develop the
582	necessary administrative and service delivery capacity in each
583	community, the full transfer of all foster care and related
584	services must be completed statewide by December 31, 2004.
585	(e)(c)As used in this section, the term "eligible lead
586	community-based provider" means a single agency with which the
587	department shall contract for the provision of child protective
588	services in a community that is no smaller than a county. The
589	secretary of the department may authorize more than one eligible
590	lead community-based provider within a single county when to do
591	so will result in more effective delivery of foster care and
592	related services. To compete for a privatization project, such
593	agency must have:
594	1. The ability to coordinate, integrate, and manage all
595	child protective services in the designated community in
596	cooperation with child protective investigations.
597	2. The ability to ensure continuity of care from entry to
598	exit for all children referred from the protective investigation
599	and court systems.
600	3. The ability to provide directly, or contract for
601	through a local network of providers, all necessary child
602	protective services.
603	4. The willingness to accept accountability for meeting
604	the outcomes and performance standards related to child
605	protective services established by the Legislature and the
606	Federal Government.
607	5. The capability and the willingness to serve all
608	children referred to it from the protective investigation and
609	court systems, regardless of the level of funding allocated to
610	the community by the state, provided all related funding is
611	transferred.
612	6. The willingness to ensure that each individual who
613	provides child protective services completes the training
614	required of child protective service workers by the Department
615	of Children and Family Services.
616	7. The ability to maintain eligibility to receive all
617	federal child welfare funds, including Title IV-E and IV-A
618	funds, currently being used by the Department of Children and
619	Family Services.
620	8. Written agreements with Healthy Families Florida lead
621	entities in their community, pursuant to s. 409.153, to promote
622	cooperative planning for the provision of prevention and
623	intervention services.
624	(f)(d)1. If attempts to competitively procure services
625	through an eligible lead community-based provider as defined in
626	paragraph (c) do not produce a capable and willing agency, the
627	department shall develop a plan in collaboration with the local
628	community alliance. The plan must detail how the community will
629	continue to implement privatization, to be accomplished by
630	December 31, 2004, through competitively procuring either the
631	specific components of foster care and related services or
632	comprehensive services for defined eligible populations of
633	children and families from qualified licensed agencies as part
634	of its efforts to develop the local capacity for a community-
635	based system of coordinated care. The plan must ensure local
636	control over the management and administration of the service
637	provision in accordance with the intent of this section and may
638	include recognized best business practices, including some form
639	of public or private partnerships. In the absence of a community
640	alliance, the plan must be submitted to the President of the
641	Senate and the Speaker of the House of Representatives for their
642	comments.
643	1.2.The Legislature finds that the state has
644	traditionally provided foster care services to children who have
645	been the responsibility of the state. As such, foster children
646	have not had the right to recover for injuries beyond the
647	limitations specified in s. 768.28. The Legislature has
648	determined that foster care and related services need to be
649	privatized pursuant to this section and that the provision of
650	such services is of paramount importance to the state. The
651	purpose for such privatization is to increase the level of
652	safety, security, and stability of children who are or become
653	the responsibility of the state. One of the components necessary
654	to secure a safe and stable environment for such children is
655	that private providers maintain liability insurance. As such,
656	insurance needs to be available and remain available to
657	nongovernmental foster care and related services providers
658	without the resources of such providers being significantly
659	reduced by the cost of maintaining such insurance.
660	2.3.The Legislature further finds that, by requiring the
661	following minimum levels of insurance, children in privatized
662	foster care and related services will gain increased protection
663	and rights of recovery in the event of injury than provided for
664	in s. 768.28.
665	Section 5. Section 409.953, Florida Statutes, is amended
666	to read:
667	409.953 Rulemaking authority forRefugee assistance
668	program; rulemaking authority.--
669	(1) The Department of Children and Family Services has the
670	authorityshall adopt rules to administer the eligibility
671	requirements for the refugee assistance program in accordance
672	with 45 C.F.R. Part 400 and 401. The Department of Children and
673	Family Services or a child-placing or child-caring agency
674	designated by the department may petition in circuit court to
675	establish custody and placement in the Unaccompanied Refugee
676	Minor Program for each unaccompanied refugee minor defined in 45
677	C.F.R. s. 400.111.
678	(2) The Department of Children and Family Services shall
679	adopt any rules necessary for the implementation and
680	administration of this section.
681	Section 6. Section 937.021, Florida Statutes, is amended
682	to read:
683	937.021 Missing child reports.--
684	(1)Upon the filing of a police report that a child is
685	missing by the parent or guardian, the law enforcement agency
686	receiving the reportwritten notificationshall immediately
687	inform all on-duty law enforcement officers of the existence of
688	the missing child report, communicate the report to every other
689	law enforcement agency having jurisdiction in the county, and
690	transmit the report for inclusion within the Florida Crime
691	Information Center computer.
692	(2) A police report that a child is missing may be filed
693	with the law enforcement agency having jurisdiction in the
694	county or municipality in which the child was last seen prior to
695	the filing of the report, without regard to whether the child
696	resides in or has any significant contacts with that county or
697	municipality. The filing of such a report shall impose the
698	duties specified in subsection (1) upon that law enforcement
699	agency.
700	Section 7. The Office of Program Policy Analysis and
701	Government Accountability shall prepare an evaluation of child
702	welfare legal services to be submitted to the President of the
703	Senate, the Speaker of the House of Representatives, the
704	Governor, and the Chief Justice of the Supreme Court by December
705	31, 2003. The evaluation shall consider different models of
706	provision of legal services in dependency proceedings on behalf
707	of the state, including representation by other governmental,
708	for-profit, or not-for-profit entities, and include discussion
709	of the organizational placement on the cost and delivery of
710	providing these services; the organizational placement’s effect
711	on communication between attorneys and caseworkers; the ability
712	to attract, retain, and provide professional development
713	opportunities for experienced attorneys; and the implications of
714	each model for the attorney’s professional responsibilities.
715	Until directed otherwise by the Legislature, the department
716	shall maintain its current delivery system for the provision of
717	child welfare legal services.
718	Section 8. This act shall take effect upon becoming a law.