HB 0475 2003
1	CHAMBER ACTION
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6	The Committee on Future of Florida's Families recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to community-based social services
13	initiatives; creating s. 402.401, F.S.; creating the Child
14	Welfare Student Loan Forgiveness Program; providing for
15	eligibility requirements; providing terms of repayment;
16	creating s. 409.033, F.S.; providing legislative intent
17	that local government matching funds shall be used to the
18	extent possible to match federal funding where state
19	funding is inadequate to use such federal funding;
20	requiring agencies to create plans to utilize local
21	matching funds; making participation by local governments
22	voluntary; requiring reports; amending s. 409.1671, F.S.;
23	providing a definition; authorizing the transfer of funds
24	for child welfare legal services to community-based
25	providers; deleting the requirement for contracts for
26	legal services in certain counties; requiring certain
27	actions by a technical assistance team prior to a lead
28	community-based provider services contract being signed;
29	deleting certain termination of services notice
30	requirements; requiring the payment of certain
31	administrative costs incurred by lead community-based
32	providers; deleting an obsolete effective date; providing
33	for independent financial audits; amending s. 409.16745,
34	F.S.; changing eligibility requirements for participation
35	in the community partnership matching grant program;
36	amending s. 409.175, F.S.; providing for an assessment by
37	a family services counselor and approval by a supervisor,
38	rather than a comprehensive behavioral health assessment,
39	of children in certain family foster homes; providing an
40	effective date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1. Section 402.401, Florida Statutes, is created
45	to read:
46	402.401 Florida Child Welfare Student Loan Forgiveness
47	Program.--
48	(1) There is created the Florida Child Welfare Student
49	Loan Forgiveness Program to be administered by the Department of
50	Education. The program shall provide loan assistance to eligible
51	students for upper-division undergraduate and graduate study.
52	The primary purpose of the program is to attract capable and
53	promising students to the child welfare profession, increase
54	employment and retention of individuals who are working towards
55	or who have received either a bachelor’s degree or a master’s
56	degree in social work, and provide opportunities for persons
57	making midcareer decisions to enter the child welfare
58	profession. The State Board of Education shall adopt rules
59	necessary to administer the program.
60	(2)(a) To be eligible for a program loan, a candidate
61	shall:
62	1. Be a full-time student at the upper-division
63	undergraduate or graduate level in a social work program
64	approved by the Council on Social Work leading to either a
65	bachelor’s degree or a master’s degree in social work.
66	2. Have declared an intent to work in child welfare for at
67	least the number of years for which a forgivable loan is
68	received at the Department of Children and Family Services or
69	its successor, or with an eligible lead community-based provider
70	as defined in s. 409.1671.
71	3. If applying for an undergraduate forgivable loan, have
72	maintained a minimum cumulative grade point average of at least
73	a 2.5 on a 4.0 scale for all undergraduate work. Renewal
74	applicants for undergraduate loans shall have maintained a
75	minimum cumulative grade point average of at least a 2.5 on a
76	4.0 scale for all undergraduate work and have earned at least 12
77	semester credits per term, or the equivalent.
78	4. If applying for a graduate forgivable loan, have
79	maintained an undergraduate cumulative grade point average of at
80	least a 3.0 on a 4.0 scale or have attained a Graduate Record
81	Examination score of at least 1,000. Renewal applicants for
82	graduate loans shall have maintained a minimum cumulative grade
83	point average of at least a 3.0 on a 4.0 scale for all graduate
84	work and have earned at least 9 semester credits per term, or
85	the equivalent.
86	(b) An undergraduate forgivable loan may be awarded for 2
87	undergraduate years, not to exceed $4,000 per year.
88	(c) A graduate forgivable loan may be awarded for 2
89	graduate years, not to exceed $8,000 per year. In addition to
90	meeting criteria specified in paragraph (a), a loan recipient at
91	the graduate level shall:
92	1. Hold a bachelor's degree from a school or department of
93	social work at any college or university accredited by the
94	Council on Social Work Education.
95	2. Not have received an undergraduate forgivable loan as
96	provided for in paragraph (b).
97	(d) The State Board of Education shall adopt by rule
98	repayment schedules and applicable interest rates under ss.
99	1009.82 and 1009.95. A forgivable loan must be repaid within 10
100	years after completion of a program of studies.
101	1. Credit for repayment of an undergraduate or graduate
102	forgivable loan shall be in an amount not to exceed $4,000 in
103	loan principal plus applicable accrued interest for each full
104	year of eligible service in the child welfare profession.
105	2. Any forgivable loan recipient who fails to work at the
106	Department of Children and Family Services or its successor, or
107	with an eligible lead community-based provider as defined in s.
108	409.1671, is responsible for repaying the loan plus accrued
109	interest at 8 percent annually.
110	3. Forgivable loan recipients may receive loan repayment
111	credit for child welfare service rendered at any time during the
112	scheduled repayment period. However, such repayment credit shall
113	be applicable only to the current principal and accrued interest
114	balance that remains at the time the repayment credit is earned.
115	No loan recipient shall be reimbursed for previous cash payments
116	of principal and interest.
117	(3) This section shall be implemented only as specifically
118	funded.
119	Section 2. Section 409.033, Florida Statutes, is created
120	to read:
121	409.033 Maximization of local matching revenues.--
122	(1) LEGISLATIVE INTENT.--
123	(a) The Legislature recognizes that state funds do not
124	fully utilize federal funding matching opportunities for health
125	and human services needs. It is the intent of the Legislature to
126	authorize the use of certified local funding for federal
127	matching programs to the fullest extent possible to maximize
128	federal funding of local preventive services and local child
129	development programs in this state. To that end, the Legislature
130	expects that state agencies will take a proactive approach in
131	implementing this legislative priority. It is the further intent
132	of the Legislature that this section shall be implemented in a
133	revenue-neutral manner with respect to state funds.
134	(b) It is the intent of the Legislature that revenue
135	maximization opportunities using certified local funding shall
136	occur only after available state funds have been utilized to
137	generate matching federal funding for the state.
138	(c) It is the intent of the Legislature that participation
139	in revenue maximization is to be on a voluntary basis for local
140	political subdivisions.
141	(d) It is the intent of the Legislature that certified
142	local funding for federal matching programs not supplant or
143	replace state funds.
144	(2) REVENUE MAXIMIZATION PROGRAM.--
145	(a) For purposes of this section, the term “agency” means
146	any state agency or department that is involved in providing
147	health, social, or human services, including, but not limited
148	to, the Agency for Health Care Administration, the Agency for
149	Workforce Innovation, the Department of Children and Family
150	Services, the Department of Elderly Affairs, the Department of
151	Juvenile Justice, and the State Board of Education.
152	(b) Each agency is directed to establish programs and
153	mechanisms designed to maximize the use of local funding for
154	federal programs in accordance with this section.
155	(c) The use of local matching funds under this section
156	shall be limited to public revenue funds of local political
157	subdivisions, including, but not limited to, counties,
158	municipalities, and special districts. To the extent permitted
159	by federal law, funds donated to such local political
160	subdivisions by private entities, including, but not limited to,
161	the United Way, community foundations or other foundations,
162	businesses, or by individuals, are considered to be public
163	revenue funds available for matching federal funding.
164	(d) Subject to the provisions of paragraph (f), any
165	federal reimbursement received as a result of the certification
166	of local matching funds shall, unless specifically prohibited by
167	federal or state law, including the General Appropriations Act,
168	be returned within 30 days after receipt by the agency by the
169	most expedient means possible to the local political subdivision
170	providing such funding, and the local political subdivision
171	shall be provided an annual accounting of federal reimbursements
172	received by the state or its agencies as a result of the
173	certification of the local political subdivision's matching
174	funds. The receipt by a local political subdivision of such
175	matching funds shall not in any way influence or be used as a
176	factor in developing any agency's annual operating budget
177	allocation methodology or formula or any subsequent budget
178	amendment allocation methodologies or formulas. If necessary, an
179	agreement shall be made between an agency and the local
180	political subdivision to accomplish that purpose. Such an
181	agreement may provide that the local political subdivision
182	shall:
183	1. Verify the eligibility of the local program or programs
184	and the individuals served thereby to qualify for federal
185	matching funds.
186	2. Develop and maintain the financial records necessary
187	for documenting the appropriate use of federal matching funds.
188	3. Comply with all applicable state and federal laws,
189	regulations, and rules that regulate such federal services.
190	4. Reimburse the cost of any disallowance of federal
191	funding previously provided to a local political subdivision
192	resulting from failure of that local political subdivision to
193	comply with applicable state or federal laws, rules, or
194	regulations.
195	(e) Each agency, as applicable, shall work with local
196	political subdivisions to modify any state plans and to seek and
197	implement any federal waivers necessary to implement this
198	section. If such modifications or waivers require the approval
199	of the Legislature, the agency, as applicable, shall draft such
200	legislation and present it to the President of the Senate, the
201	Speaker of the House of Representatives, and the respective
202	committee chairs of the Senate and the House of Representatives
203	by January 1, 2004, and, as applicable, annually thereafter.
204	(f) Each agency may, as applicable, before funds generated
205	under this section are distributed to any local political
206	subdivision, deduct the actual administrative cost for
207	implementing and monitoring the local match program; however,
208	such administrative costs may not exceed 5 percent of the total
209	federal reimbursement funding to be provided to the local
210	political subdivision under paragraph (d). To the extent that
211	any other provision of state law applies to the certification of
212	local matching funds for a specific program, the provisions of
213	that statute which relate to administrative costs shall apply in
214	lieu of the provisions of this paragraph. The failure to remit
215	reimbursement to the local political subdivision shall result in
216	the payment of interest, in addition to the amount to be
217	reimbursed at a rate pursuant to s. 55.03(1), on the unpaid
218	amount from the expiration of the 30-day period until payment is
219	received.
220	(g) Each agency shall annually submit to the Governor, the
221	President of the Senate, and the Speaker of the House of
222	Representatives, no later than January 1, a report that
223	documents the specific activities undertaken during the previous
224	fiscal year under this section. The report shall include, but
225	not be limited to:
226	1. A statement of the total amount of federal matching
227	funds generated by local matching funds under this section,
228	reported by federal funding source.
229	2. The total amount of block grant funds expended during
230	the previous fiscal year, reported by federal funding source.
231	3. The total amount for federal matching fund programs,
232	including, but not limited to, the Temporary Assistance for
233	Needy Families program and the Child Care and Development Fund,
234	of unobligated funds and unliquidated funds, both as of the
235	close of the previous federal fiscal year.
236	4. The amount of unliquidated funds that is in danger of
237	being returned to the Federal Government at the end of the
238	current federal fiscal year.
239	5. A detailed plan and timeline for spending any
240	unobligated and unliquidated funds by the end of the current
241	federal fiscal year.
242	Section 3. Paragraphs (a) and (b) of subsection (1) and
243	subsections (3) and (4) of section 409.1671, Florida Statutes,
244	are amended to read:
245	409.1671 Foster care and related services;
246	privatization.--
247	(1)(a) It is the intent of the Legislature that the
248	Department of Children and Family Services shall privatize the
249	provision of foster care and related services statewide. It is
250	further the Legislature's intent to encourage communities and
251	other stakeholders in the well-being of children to participate
252	in assuring that children are safe and well-nurtured. However,
253	while recognizing that some local governments are presently
254	funding portions of certain foster care and related services
255	programs and may choose to expand such funding in the future,
256	the Legislature does not intend by its privatization of foster
257	care and related services that any county, municipality, or
258	special district be required to assist in funding programs that
259	previously have been funded by the state. Nothing in this
260	paragraph prohibits any county, municipality, or special
261	district from future voluntary funding participation in foster
262	care and related services. As used in this section, the term
263	"privatize" means to contract with competent, community-based
264	agencies. The department shall submit a plan to accomplish
265	privatization statewide, through a competitive process, phased
266	in over a 3-year period beginning January 1, 2000. This plan
267	must be developed with local community participation, including,
268	but not limited to, input from community-based providers that
269	are currently under contract with the department to furnish
270	community-based foster care and related services, and must
271	include a methodology for determining and transferring all
272	available funds, including federal funds that the provider is
273	eligible for and agrees to earn and that portion of general
274	revenue funds which is currently associated with the services
275	that are being furnished under contract, and may include
276	available funds for child welfare legal services, in which case
277	such legal services may be provided by the community-based
278	agency or purchased from a public or a private nonprofit legal
279	services entity. For the purposes of this section, the term
280	"child welfare legal services" means the legal services and
281	representation provided by the state for legal actions required
282	to be performed pursuant to chapter 39.The methodology must
283	provide for the transfer of funds appropriated and budgeted for
284	all services and programs that have been incorporated into the
285	project, including all management, capital (including current
286	furniture and equipment), and administrative funds to accomplish
287	the transfer of these programs. This methodology must address
288	expected workload and at least the 3 previous years' experience
289	in expenses and workload. With respect to any district or
290	portion of a district in which privatization cannot be
291	accomplished within the 3-year timeframe, the department must
292	clearly state in its plan the reasons the timeframe cannot be
293	met and the efforts that should be made to remediate the
294	obstacles, which may include alternatives to total
295	privatization, such as public-private partnerships. As used in
296	this section, the term "related services" includes, but is not
297	limited to, family preservation, independent living, emergency
298	shelter, residential group care, foster care, therapeutic foster
299	care, intensive residential treatment, foster care supervision,
300	case management, postplacement supervision, permanent foster
301	care, and family reunification. Unless otherwise provided for,
302	beginning in fiscal year 1999-2000, either the state attorney or
303	the Office of the Attorney General shall provide child welfare
304	legal services, pursuant to chapter 39 and other relevant
305	provisions, in Sarasota, Pinellas, Pasco, Broward, and Manatee
306	Counties. Such legal services shall commence and be effective,
307	as soon as determined reasonably feasible by the respective
308	state attorney or the Office of the Attorney General, after the
309	privatization of associated programs and child protective
310	investigations has occurred.When a private nonprofit agency has
311	received case management responsibilities, transferred from the
312	state under this section, for a child who is sheltered or found
313	to be dependent and who is assigned to the care of the
314	privatization project, the agency may act as the child's
315	guardian for the purpose of registering the child in school if a
316	parent or guardian of the child is unavailable and his or her
317	whereabouts cannot reasonably be ascertained. The private
318	nonprofit agency may also seek emergency medical attention for
319	such a child, but only if a parent or guardian of the child is
320	unavailable, his or her whereabouts cannot reasonably be
321	ascertained, and a court order for such emergency medical
322	services cannot be obtained because of the severity of the
323	emergency or because it is after normal working hours. However,
324	the provider may not consent to sterilization, abortion, or
325	termination of life support. If a child's parents' rights have
326	been terminated, the nonprofit agency shall act as guardian of
327	the child in all circumstances.
328	(b) It is the intent of the Legislature that the
329	department will continue to work towards full privatization by
330	initiating the competitive procurement process in each county by
331	January 1, 2003. In order to provide for an adequate transition
332	period to develop the necessary administrative and service
333	delivery capacity in each community, the full transfer of all
334	foster care and related services must be completed statewide by
335	December 31, 2004, except that no lead community-based provider
336	services contract may be signed until a technical assistance
337	team has assessed the lead agency's readiness and determined in
338	writing that the lead agency is programmatically, financially,
339	and otherwise fully competent and ready to assume all
340	responsibilities required in the contract. The technical
341	assistance team shall include experienced staff from
342	successfully operating lead agencies and departmental staff.
343	(3)(a) In order to help ensure a seamless child protection
344	system, the department shall ensure that contracts entered into
345	with community-based agencies pursuant to this section include
346	provisions for a case-transfer process to determine the date
347	that the community-based agency will initiate the appropriate
348	services for a child and family. This case-transfer process must
349	clearly identify the closure of the protective investigation and
350	the initiation of service provision. At the point of case
351	transfer, and at the conclusion of an investigation, the
352	department must provide a complete summary of the findings of
353	the investigation to the community-based agency.
354	(b) The contracts must also ensure that each community-
355	based agency shall furnish information on its activities in all
356	cases in client case records. A provider may not discontinue
357	services on any voluntary case without prior written
358	notification to the department 30 days before planned case
359	closure. If the department disagrees with the recommended case
360	closure date, written notification to the provider must be
361	provided before the case closure date.
362	(c) The contract between the department and community-
363	based agencies must include provisions that specify the
364	procedures to be used by the parties to resolve differences in
365	interpreting the contract or to resolve disputes as to the
366	adequacy of the parties' compliance with their respective
367	obligations under the contract.
368	(d) Each contract with an eligible lead community-based
369	provider shall provide for the payment by the department to the
370	provider of a reasonable administrative cost in addition to
371	funding for the provision of services.
372	(4)(a) The department shall establish a quality assurance
373	program for privatized services. The quality assurance program
374	shall be based on standards established by a national
375	accrediting organization such as the Council on Accreditation of
376	Services for Families and Children, Inc. (COA) or CARF--the
377	Rehabilitation Accreditation Commission. The department may
378	develop a request for proposal for such oversight. This program
379	must be developed and administered at a statewide level. The
380	Legislature intends that the department be permitted to have
381	limited flexibility to use funds for improving quality
382	assurance. To this end, effective January 1, 2000,the
383	department may transfer up to 0.125 percent of the total funds
384	from categories used to pay for these contractually provided
385	services, but the total amount of such transferred funds may not
386	exceed $300,000 in any fiscal year. When necessary, the
387	department may establish, in accordance with s. 216.177,
388	additional positions that will be exclusively devoted to these
389	functions. Any positions required under this paragraph may be
390	established, notwithstanding ss. 216.262(1)(a) and 216.351. The
391	department, in consultation with the community-based agencies
392	that are undertaking the privatized projects, shall establish
393	minimum thresholds for each component of service, consistent
394	with standards established by the Legislature and the Federal
395	Government. Each program operated under contract with a
396	community-based agency must be evaluated annually by the
397	department. The department shall, to the extent possible, use
398	independent financial audits provided by the community-based
399	care agency to eliminate or reduce the ongoing contract and
400	administrative reviews conducted by the department. The
401	department may suggest additional items to be included in such
402	independent financial audits to meet the department’s needs.
403	Should the department determine that such independent financial
404	audits are inadequate, then other audits, as necessary, may be
405	conducted by the department. Nothing herein shall abrogate the
406	requirements of s. 215.97.The department shall submit an annual
407	report based upon the results of such independent audits
408	regarding quality performance, outcome measure attainment, and
409	cost efficiency to the President of the Senate, the Speaker of
410	the House of Representatives, the minority leader of each house
411	of the Legislature, and the Governor no later than January 31 of
412	each year for each project in operation during the preceding
413	fiscal year.
414	(b) The department shall use these findings in making
415	recommendations to the Governor and the Legislature for future
416	program and funding priorities in the child welfare system.
417	Section 4. Section 409.16745, Florida Statutes, is amended
418	to read:
419	409.16745 Community partnership matching grant
420	program.--It is the intent of the Legislature to improve
421	services and local participation in community-based care
422	initiatives by fostering community support and providing
423	enhanced prevention and in-home services, thereby reducing the
424	risk otherwise faced by lead agencies. There is established a
425	community partnership matching grant program to be operated by
426	the Department of Children and Family Services for the purpose
427	of encouraging local participation in community-based care for
428	child welfare. Any children's services council or other local
429	government entity that makes a financial commitment to a
430	community-based care lead agency is eligible for a grant upon
431	proof that the children's services council or local government
432	entity has provided the selected lead agency at least $250,000
433	$825,000 in start up funds,from any local resources otherwise
434	available to it. The total amount of local contribution may be
435	matched on a two-for-one basis up to a maximum amount of $2
436	million per council or local government entity. Awarded matching
437	grant funds may be used for any prevention or in-home services
438	provided by the children's services council or other local
439	government entity that meets temporary-assistance-for-needy-
440	families' eligibility requirements and can be reasonably
441	expected to reduce the number of children entering the child
442	welfare system. To ensure necessary flexibility for the
443	development, start up, and ongoing operation of community-based
444	care initiatives, the notice period required for any budget
445	action authorized by the provisions of s. 20.19(5)(b), is waived
446	for the family safety program; however, the Department of
447	Children and Family Services must provide copies of all such
448	actions to the Executive Office of the Governor and Legislature
449	within 72 hours of their occurrence. Funding available for the
450	matching grant program is subject to legislative appropriation
451	of nonrecurring temporary-assistance-for-needy-familiesfunds
452	provided for the purpose.
453	Section 5. Subsection (3) of section 409.175, Florida
454	Statutes, is amended to read:
455	409.175 Licensure of family foster homes, residential
456	child-caring agencies, and child-placing agencies.--
457	(3)(a) The total number of children placed in each family
458	foster home shall be based on the recommendation of the
459	department, or the community-based care lead agency where one is
460	providing foster care and related services, based on the needs
461	of each child in care, the ability of the foster family to meet
462	the individual needs of each child, including any adoptive or
463	biological children living in the home, the amount of safe
464	physical plant space, the ratio of active and appropriate adult
465	supervision, and the background, experience, and skill of the
466	family foster parents.
467	(b) If the total number of children in a family foster
468	home will exceed five, including the family's own children, ana
469	comprehensive behavioral healthassessment of each child to be
470	placed in the home must be completed by a family services
471	counselor and approved in writing by the counselor’s supervisor
472	prior to placement of any additional children in the home,
473	except that, if the placement involves a child whose sibling is
474	already in the home or a child who has been in placement in the
475	home previously, the assessment must be completed within 72
476	hours after placement. The comprehensive behavioral health
477	assessment must comply with Medicaid rules and regulations,
478	assess and document the mental, physical, and psychosocial needs
479	of the child,and recommend the maximum number of children in a
480	family foster home that will allow the child's needs to be met.
481	(c) For any licensed family foster home, the
482	appropriateness of the number of children in the home must be
483	reassessed annually as part of the relicensure process. For a
484	home with more than five children, if it is determined by the
485	licensure study at the time of relicensure that the total number
486	of children in the home is appropriate and that there have been
487	no substantive licensure violations and no indications of child
488	maltreatment or child-on-child sexual abuse within the past 12
489	months, the relicensure of the home shall not be denied based on
490	the total number of children in the home.
491	Section 6. This act shall take effect July 1, 2003.