HB 1309

1
A bill to be entitled
2An act relating to adoption and child protection; amending
3s. 39.001, F.S.; redesignating the Office of Child Abuse
4Prevention as the Office of Adoption and Child Protection;
5revising the purpose of the office; providing for a Chief
6Child Advocate and providing duties therefor; providing
7duties and responsibilities of the office; providing for
8the promotion of adoption and support of adoptive families
9in the state plan of the office; establishing the Child
10Abuse Prevention and Permanency Advisory Council and
11providing for composition thereof; requiring the office,
12in conjunction with the Department of Children and Family
13Services and the Department of Education, to develop a
14certification program for certain professionals who
15provide services related to adoption and support of
16adoptive families; providing additional purposes for
17district plans of action; creating s. 39.0011, F.S.;
18authorizing the office to establish a direct-support
19organization; providing purposes, requirements, and
20objectives; providing for members of a board of directors
21of the direct-support organization; requiring the
22organization to operate under contract with the office;
23providing guidelines for the use of funds; amending ss.
2439.0014 and 39.01, F.S.; conforming references to changes
25made by the act; creating s. 409.1661, F.S.; establishing
26a subsidized adoption program; providing legislative
27intent; providing definitions; providing for
28administration of the program; providing for waiver of
29certain adoption fees; requiring the Department of
30Children and Family Services to adopt rules; providing an
31effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Subsections (6) through (9) of section 39.001,
36Florida Statutes, are amended to read:
37     39.001  Purposes and intent; personnel standards and
38screening.--
39     (6)  LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
40ABANDONMENT, AND NEGLECT OF CHILDREN.--The incidence of known
41child abuse, abandonment, and neglect has increased rapidly over
42the past 5 years. The impact that abuse, abandonment, or neglect
43has on the victimized child, siblings, family structure, and
44inevitably on all citizens of the state has caused the
45Legislature to determine that the prevention of child abuse,
46abandonment, and neglect shall be a priority of this state. To
47further this end, it is the intent of the Legislature that an
48Office of Adoption and Child Protection Abuse Prevention be
49established.
50     (7)  OFFICE OF ADOPTION AND CHILD PROTECTION ABUSE
51PREVENTION.--
52     (a)  For purposes of establishing a comprehensive statewide
53approach for the promotion of adoption, support of adoptive
54families, and prevention of child abuse, abandonment, and
55neglect, the Office of Adoption and Child Protection Abuse
56Prevention is created within the Executive Office of the
57Governor. The Governor shall appoint a Chief Child Advocate
58director for the office who shall be subject to confirmation by
59the Senate.
60     (b)  The Chief Child Advocate director shall:
61     1.  Assist in developing rules pertaining to the promotion
62of adoption, support of adoptive families, and implementation of
63child abuse prevention efforts.
64     2.  Act as the Governor's liaison with state agencies,
65other state governments, and the public and private sectors on
66matters that relate to the promotion of adoption, support of
67adoptive families, and child abuse prevention.
68     3.  Work to secure funding and other support for the
69state's promotion of adoption, support of adoptive families, and
70child abuse prevention efforts, including, but not limited to,
71establishing cooperative relationships among state and private
72agencies.
73     4.  Develop a strategic program and funding initiative that
74links the separate jurisdictional activities of state agencies
75with respect to promotion of adoption, support of adoptive
76families, and child abuse prevention. The office may designate
77lead and contributing agencies to develop such initiatives.
78     5.  Advise the Governor and the Legislature on statistics
79related to the promotion of adoption, support of adoptive
80families, and child abuse prevention trends in this state, the
81status of current adoption programs and services, current child
82abuse prevention programs and services, the funding of adoption,
83support of adoptive families, and child abuse prevention those
84programs and services, and the status of the office with regard
85to the development and implementation of the state strategy for
86the promotion of adoption, support of adoptive families, and
87child abuse prevention strategy.
88     6.  Develop child abuse prevention public awareness
89campaigns to be implemented throughout the state for the
90promotion of adoption, support of adoptive families, and child
91abuse prevention.
92     (c)  The office is authorized and directed to:
93     1.  Oversee the preparation and implementation of the state
94plan established under subsection (8) and revise and update the
95state plan as necessary.
96     2.  Provide for or make available continuing professional
97education and training in the prevention of child abuse and
98neglect.
99     3.  Work to secure funding in the form of appropriations,
100gifts, and grants from the state, the Federal Government, and
101other public and private sources in order to ensure that
102sufficient funds are available for the promotion of adoption,
103support of adoptive families, and child abuse prevention
104efforts.
105     4.  Make recommendations pertaining to agreements or
106contracts for the establishment and development of:
107     a.  Programs and services for the promotion of adoption,
108support of adoptive families, and prevention of child abuse and
109neglect.
110     b.  Training programs for the prevention of child abuse and
111neglect.
112     c.  Multidisciplinary and discipline-specific training
113programs for professionals with responsibilities affecting
114children, young adults, and families.
115     d.  Efforts to promote adoption.
116     e.  Postadoptive services to support adoptive families.
117     5.  Monitor, evaluate, and review the development and
118quality of local and statewide services and programs for the
119promotion of adoption, support of adoptive families, and
120prevention of child abuse and neglect and shall publish and
121distribute an annual report of its findings on or before January
1221 of each year to the Governor, the Speaker of the House of
123Representatives, the President of the Senate, the secretary of
124each state agency affected by the report, and the appropriate
125substantive committees of the Legislature. The report shall
126include:
127     a.  A summary of the activities of the office.
128     b.  A summary of the adoption data collected and reported
129to the federal Adoption and Foster Care Analysis and Reporting
130System (AFCARS) and the federal Administration for Children and
131Families.
132     c.  A summary of the child abuse prevention data collected
133and reported to the National Child Abuse and Neglect Data System
134(NCANDS) and the federal Administration for Children and
135Families.
136     d.b.  A summary detailing the timeliness of the adoption
137process for children adopted from within the child welfare
138system demographic and geographic characteristics of families
139served by the prevention programs.
140     e.c.  Recommendations, by state agency, for the further
141development and improvement of services and programs for the
142promotion of adoption, support of adoptive families, and
143prevention of child abuse and neglect.
144     f.d.  The Budget requests, adoption promotion and support
145needs, and child abuse prevention program needs by state agency.
146     6.  Work with the direct-support organization established
147under s. 39.0011 to receive financial assistance.
148     (8)  PLAN FOR COMPREHENSIVE APPROACH.--
149     (a)  The office shall develop a state plan for the
150promotion of adoption, support of adoptive families, and
151prevention of abuse, abandonment, and neglect of children and
152shall submit the state plan to the Speaker of the House of
153Representatives, the President of the Senate, and the Governor
154no later than December 31, 2008 2007. The Department of Children
155and Family Services, the Department of Corrections, the
156Department of Education, the Department of Health, the
157Department of Juvenile Justice, the Department of Law
158Enforcement, the Agency for Persons with Disabilities, and the
159Agency for Workforce Innovation shall participate and fully
160cooperate in the development of the state plan at both the state
161and local levels. Furthermore, appropriate local agencies and
162organizations shall be provided an opportunity to participate in
163the development of the state plan at the local level.
164Appropriate local groups and organizations shall include, but
165not be limited to, community mental health centers; guardian ad
166litem programs for children under the circuit court; the school
167boards of the local school districts; the Florida local advocacy
168councils; community-based care lead agencies; private or public
169organizations or programs with recognized expertise in working
170with child abuse prevention programs for children and families;
171private or public organizations or programs with recognized
172expertise in working with children who are sexually abused,
173physically abused, emotionally abused, abandoned, or neglected
174and with expertise in working with the families of such
175children; private or public programs or organizations with
176expertise in maternal and infant health care; multidisciplinary
177child protection teams; child day care centers; law enforcement
178agencies; and the circuit courts, when guardian ad litem
179programs are not available in the local area. The state plan to
180be provided to the Legislature and the Governor shall include,
181as a minimum, the information required of the various groups in
182paragraph (b).
183     (b)  The development of the state plan shall be
184accomplished in the following manner:
185     1.  The office shall establish a Child Abuse Prevention and
186Permanency Advisory Council composed of an adoptive parent who
187has adopted a child from within the child welfare system and
188representatives from each state agency and appropriate local
189agencies and organizations specified in paragraph (a). The
190advisory council shall serve as the research arm of the office
191and shall be responsible for:
192     a.  Assisting in developing a plan of action for better
193coordination and integration of the goals, activities, and
194funding pertaining to the promotion and support of adoption and
195the prevention of child abuse, abandonment, and neglect
196conducted by the office in order to maximize staff and resources
197at the state level. The plan of action shall be included in the
198state plan.
199     b.  Assisting in providing a basic format to be utilized by
200the districts in the preparation of local plans of action in
201order to provide for uniformity in the district plans and to
202provide for greater ease in compiling information for the state
203plan.
204     c.  Providing the districts with technical assistance in
205the development of local plans of action, if requested.
206     d.  Assisting in examining the local plans to determine if
207all the requirements of the local plans have been met and, if
208they have not, informing the districts of the deficiencies and
209requesting the additional information needed.
210     e.  Assisting in preparing the state plan for submission to
211the Legislature and the Governor. Such preparation shall include
212the incorporation into the state plan of information obtained
213from the local plans, the cooperative plans with the members of
214the advisory council, and the plan of action for coordination
215and integration of state departmental activities. The state plan
216shall include a section reflecting general conditions and needs,
217an analysis of variations based on population or geographic
218areas, identified problems, and recommendations for change. In
219essence, the state plan shall provide an analysis and summary of
220each element of the local plans to provide a statewide
221perspective. The state plan shall also include each separate
222local plan of action.
223     f.  Conducting a feasibility study on the establishment of
224a Children's Cabinet.
225     g.  Working with the specified state agency in fulfilling
226the requirements of subparagraphs 2., 3., 4., and 5.
227     2.  The office, the department, the Department of
228Education, and the Department of Health shall work together in
229developing ways to inform and instruct parents of school
230children and appropriate district school personnel in all school
231districts in the detection of child abuse, abandonment, and
232neglect and in the proper action that should be taken in a
233suspected case of child abuse, abandonment, or neglect, and in
234caring for a child's needs after a report is made. The plan for
235accomplishing this end shall be included in the state plan.
236     3.  The office, the department, the Department of Law
237Enforcement, and the Department of Health shall work together in
238developing ways to inform and instruct appropriate local law
239enforcement personnel in the detection of child abuse,
240abandonment, and neglect and in the proper action that should be
241taken in a suspected case of child abuse, abandonment, or
242neglect.
243     4.  Within existing appropriations, the office shall work
244with other appropriate public and private agencies to emphasize
245efforts to educate the general public about the problem of and
246ways to detect child abuse, abandonment, and neglect and in the
247proper action that should be taken in a suspected case of child
248abuse, abandonment, or neglect. The plan for accomplishing this
249end shall be included in the state plan.
250     5.  The office, the department, the Department of
251Education, and the Department of Health shall work together on
252the enhancement or adaptation of curriculum materials to assist
253instructional personnel in providing instruction through a
254multidisciplinary approach on the identification, intervention,
255and prevention of child abuse, abandonment, and neglect. The
256curriculum materials shall be geared toward a sequential program
257of instruction at the four progressional levels, K-3, 4-6, 7-9,
258and 10-12. Strategies for encouraging all school districts to
259utilize the curriculum are to be included in the state plan for
260the prevention of child abuse, abandonment, and neglect.
261     6.  The office, the department, and the Department of
262Education shall work together to develop a postgraduate
263certification program for mental health and education
264professionals who provide services to adoptive children and
265their families.
266     7.6.  Each district of the department shall develop a plan
267for its specific geographical area. The plan developed at the
268district level shall be submitted to the advisory council for
269utilization in preparing the state plan. The district local plan
270of action shall be prepared with the involvement and assistance
271of the local agencies and organizations listed in this
272paragraph, as well as representatives from those departmental
273district offices participating in the promotion of adoption,
274support of adoptive families, and treatment and prevention of
275child abuse, abandonment, and neglect. In order to accomplish
276this, the office shall establish a task force on the promotion
277of adoption, support of adoptive families, and prevention of
278child abuse, abandonment, and neglect. The office shall appoint
279the members of the task force in accordance with the membership
280requirements of this section. The office shall ensure that
281individuals from both urban and rural areas and an adoptive
282parent who has adopted a child from within the child welfare
283system are represented on the task force. The task force shall
284develop a written statement clearly identifying its operating
285procedures, purpose, overall responsibilities, and method of
286meeting responsibilities. The district plan of action to be
287prepared by the task force shall include, but shall not be
288limited to:
289     a.  Documentation of the magnitude of the problems of child
290abuse, including sexual abuse, physical abuse, and emotional
291abuse, and child abandonment and neglect in its geographical
292area.
293     b.  A description of programs currently serving abused,
294abandoned, and neglected children and their families and a
295description of programs for the prevention of child abuse,
296abandonment, and neglect, including information on the impact,
297cost-effectiveness, and sources of funding of such programs.
298     c.  Information on the number and associated demographics
299of children within the child welfare system available for
300adoption who need child-specific adoption promotion efforts.
301     d.  A description of programs currently promoting and
302supporting adoptive families, including information on the
303impact, cost-effectiveness, and sources of funding of such
304programs.
305     e.  A description of a comprehensive approach for providing
306postadoption services. The continuum of services shall include,
307but not be limited to, sufficient and accessible parent and teen
308support groups; case management, information, and referral
309services; and educational advocacy.
310     f.c.  A continuum of programs and services necessary for a
311comprehensive approach to the promotion of adoption and the
312prevention of all types of child abuse, abandonment, and neglect
313as well as a brief description of such programs and services.
314     g.d.  A description, documentation, and priority ranking of
315local needs related to the promotion of adoption, support of
316adoptive families, and prevention of child abuse, abandonment,
317and neglect prevention based upon the continuum of programs and
318services.
319     h.e.  A plan for steps to be taken in meeting identified
320needs, including the coordination and integration of services to
321avoid unnecessary duplication and cost, and for alternative
322funding strategies for meeting needs through the reallocation of
323existing resources, utilization of volunteers, contracting with
324local universities for services, and local government or private
325agency funding.
326     i.f.  A description of barriers to the accomplishment of a
327comprehensive approach to the promotion of adoption, support of
328adoptive families, and prevention of child abuse, abandonment,
329and neglect.
330     j.g.  Recommendations for changes that can be accomplished
331only at the state program level or by legislative action.
332     (9)  FUNDING AND SUBSEQUENT PLANS.--
333     (a)  All budget requests submitted by the office, the
334department, the Department of Health, the Department of
335Education, the Department of Juvenile Justice, the Department of
336Corrections, the Agency for Persons with Disabilities, the
337Agency for Workforce Innovation, or any other agency to the
338Legislature for funding of efforts for the promotion of
339adoption, support of adoptive families, and prevention of child
340abuse, abandonment, and neglect shall be based on the state plan
341developed pursuant to this section.
342     (b)  The office and the other agencies and organizations
343listed in paragraph (8)(a) shall readdress the state plan and
344make necessary revisions every 5 years, at a minimum. Such
345revisions shall be submitted to the Speaker of the House of
346Representatives and the President of the Senate no later than
347June 30 of each year divisible by 5. At least biennially, the
348office shall review the state plan and make any necessary
349revisions based on changing needs and program evaluation
350results. An annual progress report shall be submitted to update
351the state plan in the years between the 5-year intervals. In
352order to avoid duplication of effort, these required plans may
353be made a part of or merged with other plans required by either
354the state or Federal Government, so long as the portions of the
355other state or Federal Government plan that constitute the state
356plan for the promotion of adoption, support of adoptive
357families, and prevention of child abuse, abandonment, and
358neglect are clearly identified as such and are provided to the
359Speaker of the House of Representatives and the President of the
360Senate as required above.
361     Section 2.  Section 39.0011, Florida Statutes, is created
362to read:
363     39.0011  Direct-support organization.--
364     (1)  The Office of Adoption and Child Protection may
365establish a direct-support organization to assist the state in
366carrying out its purposes and responsibilities regarding the
367promotion of adoption, support of adoptive families, and
368prevention of child abuse, abandonment, and neglect by raising
369money; submitting requests for and receiving grants from the
370Federal Government, the state or its political subdivisions,
371private foundations, and individuals; and making expenditures to
372or for the benefit of the office. The sole purpose for the
373direct-support organization is to support the office. Such a
374direct-support organization is an organization that is:
375     (a)  Incorporated under chapter 617 and approved by the
376Department of State as a Florida corporation not for profit;
377     (b)  Organized and operated to make expenditures to or for
378the benefit of the office; and
379     (c)  Approved by the office to be operating for the benefit
380of and in a manner consistent with the goals of the office and
381in the best interest of the state.
382     (2)  The number of members on the board of directors of the
383direct-support organization shall be determined by the Chief
384Child Advocate. Membership on the board of directors of the
385direct-support organization shall include, but not be limited
386to, a guardian ad litem; a member of a local advocacy council; a
387representative from a community-based care lead agency; a
388representative from a private or public organization or program
389with recognized expertise in working with child abuse prevention
390programs for children and families; a representative of a
391private or public organization or program with recognized
392expertise in working with children who are sexually abused,
393physically abused, emotionally abused, abandoned, or neglected
394and with expertise in working with the families of such
395children; an individual working at a state adoption agency; and
396the parent of a child adopted from within the child welfare
397system.
398     (3)  The direct-support organization shall operate under
399written contract with the office.
400     (4)  All moneys received by the direct-support organization
401shall be deposited into an account of the direct-support
402organization and shall be used by the organization in a manner
403consistent with the goals of the office.
404     Section 3.  Section 39.0014, Florida Statutes, is amended
405to read:
406     39.0014  Responsibilities of public agencies.--All state,
407county, and local agencies shall cooperate, assist, and provide
408information to the Office of Adoption and Child Protection Abuse
409Prevention and the department as will enable them to fulfill
410their responsibilities under this chapter.
411     Section 4.  Subsection (45) of section 39.01, Florida
412Statutes, is amended to read:
413     39.01  Definitions.--When used in this chapter, unless the
414context otherwise requires:
415     (45)  "Office" means the Office of Adoption and Child
416Protection Abuse Prevention within the Executive Office of the
417Governor.
418     Section 5.  Section 409.1661, Florida Statutes, is created
419to read:
420     409.1661  Subsidized adoption program.--
421     (1)  LEGISLATIVE INTENT.--It is the intent of the
422Legislature to protect and promote every child's right to the
423security and stability of a permanent family home. The
424Legislature intends to make available to prospective adoptive
425parents financial aid that will enable them to adopt a child. It
426is also the intent of the Legislature that the best interest of
427the child shall be the deciding factor in every case.
428     (2)  DEFINITIONS.--As used in this section, the term:
429     (a)  "Child within the child welfare system" means a
430special needs child as defined in s. 409.166 and any other child
431who was removed from the child's caregiver due to abuse or
432neglect and whose permanent custody has been awarded to the
433department or to a licensed child-placing agency.
434     (b)  "Child not within the child welfare system" means a
435child residing in Florida, who was born in the United States or
436born to a United States citizen who was serving in a branch of
437the Armed Forces of the United States or working overseas at the
438time of the child's birth, and whose biological parents have had
439their parental rights terminated.
440     (c)  "Subsidy" means money payments.
441     (3)  ADMINISTRATION OF PROGRAM.--
442     (a)  The department shall pay the following subsidies to
443adoptive parents:
444     1.  For support and maintenance of a child within the child
445welfare system until the 18th birthday of the child, a payment
446in an amount of $5,000 annually or an amount less than $5,000
447annually as determined by the adoptive parents and memorialized
448in a written agreement with the department. However, the amount
449of the adoption subsidy payment shall only exceed $5,000
450annually when the secretary approves a higher enhanced rate due
451to circumstances such as, but not limited to, a child's need for
452extensive care and supervision.
453     2.  For support and maintenance of a child not within the
454child welfare system for 3 years following the finalization of
455the adoption, a payment in an amount of $3,000 annually or an
456amount less than $3,000 annually as determined by the adoptive
457parents and memorialized in a written agreement with the
458department. To be eligible for a subsidy under this
459subparagraph, an adoptive parent must be a legal resident of the
460state and have made a statement of domicile pursuant to s.
461222.17. A stepparent who is legally married to a child's
462biological parent is not eligible for a subsidy under this
463subparagraph.
464     (b)  The department shall keep the necessary records to
465evaluate the effectiveness of the program in promoting adoption
466and supporting adoptive families. The department shall provide
467this information to the Office of Adoption and Child Protection.
468     (4)  WAIVER OF ADOPTION FEES FOR A CHILD WITHIN THE CHILD
469WELFARE SYSTEM.--Adoption fees shall be waived for an adoptive
470parent in the program who adopts a child who is in the custody
471of the department. Adoption fees may be waived for families who
472adopt children in the custody of licensed child-placing
473agencies, or who adopt children through independent adoptions,
474and who receive or may be eligible for subsidies through the
475department. Retroactive reimbursement of fees may not be
476required for families who adopt children in the custody of
477licensed child-placing agencies.
478     (5)  RULEMAKING.--The department shall adopt rules pursuant
479to ss. 120.536(1) and 120.54 to implement the provisions of this
480section.
481     Section 6.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.