1 | A bill to be entitled |
2 | An act relating to adoption and child protection; amending |
3 | s. 39.001, F.S.; redesignating the Office of Child Abuse |
4 | Prevention as the Office of Adoption and Child Protection; |
5 | revising the purpose of the office; providing for a Chief |
6 | Child Advocate and providing duties therefor; providing |
7 | duties and responsibilities of the office; providing for |
8 | the promotion of adoption and support of adoptive families |
9 | in the state plan of the office; establishing the Child |
10 | Abuse Prevention and Permanency Advisory Council and |
11 | providing for composition thereof; requiring the office, |
12 | in conjunction with the Department of Children and Family |
13 | Services and the Department of Education, to develop a |
14 | certification program for certain professionals who |
15 | provide services related to adoption and support of |
16 | adoptive families; providing additional purposes for |
17 | district plans of action; creating s. 39.0011, F.S.; |
18 | authorizing the office to establish a direct-support |
19 | organization; providing purposes, requirements, and |
20 | objectives; providing for members of a board of directors |
21 | of the direct-support organization; requiring the |
22 | organization to operate under contract with the office; |
23 | providing guidelines for the use of funds; amending ss. |
24 | 39.0014 and 39.01, F.S.; conforming references to changes |
25 | made by the act; creating s. 409.1661, F.S.; establishing |
26 | a subsidized adoption program; providing legislative |
27 | intent; providing definitions; providing for |
28 | administration of the program; providing for waiver of |
29 | certain adoption fees; requiring the Department of |
30 | Children and Family Services to adopt rules; providing an |
31 | effective date. |
32 |
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33 | Be It Enacted by the Legislature of the State of Florida: |
34 |
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35 | Section 1. Subsections (6) through (9) of section 39.001, |
36 | Florida Statutes, are amended to read: |
37 | 39.001 Purposes and intent; personnel standards and |
38 | screening.-- |
39 | (6) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE, |
40 | ABANDONMENT, AND NEGLECT OF CHILDREN.--The incidence of known |
41 | child abuse, abandonment, and neglect has increased rapidly over |
42 | the past 5 years. The impact that abuse, abandonment, or neglect |
43 | has on the victimized child, siblings, family structure, and |
44 | inevitably on all citizens of the state has caused the |
45 | Legislature to determine that the prevention of child abuse, |
46 | abandonment, and neglect shall be a priority of this state. To |
47 | further this end, it is the intent of the Legislature that an |
48 | Office of Adoption and Child Protection Abuse Prevention be |
49 | established. |
50 | (7) OFFICE OF ADOPTION AND CHILD PROTECTION ABUSE |
51 | PREVENTION.-- |
52 | (a) For purposes of establishing a comprehensive statewide |
53 | approach for the promotion of adoption, support of adoptive |
54 | families, and prevention of child abuse, abandonment, and |
55 | neglect, the Office of Adoption and Child Protection Abuse |
56 | Prevention is created within the Executive Office of the |
57 | Governor. The Governor shall appoint a Chief Child Advocate |
58 | director for the office who shall be subject to confirmation by |
59 | the Senate. |
60 | (b) The Chief Child Advocate director shall: |
61 | 1. Assist in developing rules pertaining to the promotion |
62 | of adoption, support of adoptive families, and implementation of |
63 | child abuse prevention efforts. |
64 | 2. Act as the Governor's liaison with state agencies, |
65 | other state governments, and the public and private sectors on |
66 | matters that relate to the promotion of adoption, support of |
67 | adoptive families, and child abuse prevention. |
68 | 3. Work to secure funding and other support for the |
69 | state's promotion of adoption, support of adoptive families, and |
70 | child abuse prevention efforts, including, but not limited to, |
71 | establishing cooperative relationships among state and private |
72 | agencies. |
73 | 4. Develop a strategic program and funding initiative that |
74 | links the separate jurisdictional activities of state agencies |
75 | with respect to promotion of adoption, support of adoptive |
76 | families, and child abuse prevention. The office may designate |
77 | lead and contributing agencies to develop such initiatives. |
78 | 5. Advise the Governor and the Legislature on statistics |
79 | related to the promotion of adoption, support of adoptive |
80 | families, and child abuse prevention trends in this state, the |
81 | status of current adoption programs and services, current child |
82 | abuse prevention programs and services, the funding of adoption, |
83 | support of adoptive families, and child abuse prevention those |
84 | programs and services, and the status of the office with regard |
85 | to the development and implementation of the state strategy for |
86 | the promotion of adoption, support of adoptive families, and |
87 | child abuse prevention strategy. |
88 | 6. Develop child abuse prevention public awareness |
89 | campaigns to be implemented throughout the state for the |
90 | promotion of adoption, support of adoptive families, and child |
91 | abuse prevention. |
92 | (c) The office is authorized and directed to: |
93 | 1. Oversee the preparation and implementation of the state |
94 | plan established under subsection (8) and revise and update the |
95 | state plan as necessary. |
96 | 2. Provide for or make available continuing professional |
97 | education and training in the prevention of child abuse and |
98 | neglect. |
99 | 3. Work to secure funding in the form of appropriations, |
100 | gifts, and grants from the state, the Federal Government, and |
101 | other public and private sources in order to ensure that |
102 | sufficient funds are available for the promotion of adoption, |
103 | support of adoptive families, and child abuse prevention |
104 | efforts. |
105 | 4. Make recommendations pertaining to agreements or |
106 | contracts for the establishment and development of: |
107 | a. Programs and services for the promotion of adoption, |
108 | support of adoptive families, and prevention of child abuse and |
109 | neglect. |
110 | b. Training programs for the prevention of child abuse and |
111 | neglect. |
112 | c. Multidisciplinary and discipline-specific training |
113 | programs for professionals with responsibilities affecting |
114 | children, 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 |
118 | quality of local and statewide services and programs for the |
119 | promotion of adoption, support of adoptive families, and |
120 | prevention of child abuse and neglect and shall publish and |
121 | distribute an annual report of its findings on or before January |
122 | 1 of each year to the Governor, the Speaker of the House of |
123 | Representatives, the President of the Senate, the secretary of |
124 | each state agency affected by the report, and the appropriate |
125 | substantive committees of the Legislature. The report shall |
126 | include: |
127 | a. A summary of the activities of the office. |
128 | b. A summary of the adoption data collected and reported |
129 | to the federal Adoption and Foster Care Analysis and Reporting |
130 | System (AFCARS) and the federal Administration for Children and |
131 | Families. |
132 | c. A summary of the child abuse prevention data collected |
133 | and reported to the National Child Abuse and Neglect Data System |
134 | (NCANDS) and the federal Administration for Children and |
135 | Families. |
136 | d.b. A summary detailing the timeliness of the adoption |
137 | process for children adopted from within the child welfare |
138 | system demographic and geographic characteristics of families |
139 | served by the prevention programs. |
140 | e.c. Recommendations, by state agency, for the further |
141 | development and improvement of services and programs for the |
142 | promotion of adoption, support of adoptive families, and |
143 | prevention of child abuse and neglect. |
144 | f.d. The Budget requests, adoption promotion and support |
145 | needs, and child abuse prevention program needs by state agency. |
146 | 6. Work with the direct-support organization established |
147 | under s. 39.0011 to receive financial assistance. |
148 | (8) PLAN FOR COMPREHENSIVE APPROACH.-- |
149 | (a) The office shall develop a state plan for the |
150 | promotion of adoption, support of adoptive families, and |
151 | prevention of abuse, abandonment, and neglect of children and |
152 | shall submit the state plan to the Speaker of the House of |
153 | Representatives, the President of the Senate, and the Governor |
154 | no later than December 31, 2008 2007. The Department of Children |
155 | and Family Services, the Department of Corrections, the |
156 | Department of Education, the Department of Health, the |
157 | Department of Juvenile Justice, the Department of Law |
158 | Enforcement, the Agency for Persons with Disabilities, and the |
159 | Agency for Workforce Innovation shall participate and fully |
160 | cooperate in the development of the state plan at both the state |
161 | and local levels. Furthermore, appropriate local agencies and |
162 | organizations shall be provided an opportunity to participate in |
163 | the development of the state plan at the local level. |
164 | Appropriate local groups and organizations shall include, but |
165 | not be limited to, community mental health centers; guardian ad |
166 | litem programs for children under the circuit court; the school |
167 | boards of the local school districts; the Florida local advocacy |
168 | councils; community-based care lead agencies; private or public |
169 | organizations or programs with recognized expertise in working |
170 | with child abuse prevention programs for children and families; |
171 | private or public organizations or programs with recognized |
172 | expertise in working with children who are sexually abused, |
173 | physically abused, emotionally abused, abandoned, or neglected |
174 | and with expertise in working with the families of such |
175 | children; private or public programs or organizations with |
176 | expertise in maternal and infant health care; multidisciplinary |
177 | child protection teams; child day care centers; law enforcement |
178 | agencies; and the circuit courts, when guardian ad litem |
179 | programs are not available in the local area. The state plan to |
180 | be provided to the Legislature and the Governor shall include, |
181 | as a minimum, the information required of the various groups in |
182 | paragraph (b). |
183 | (b) The development of the state plan shall be |
184 | accomplished in the following manner: |
185 | 1. The office shall establish a Child Abuse Prevention and |
186 | Permanency Advisory Council composed of an adoptive parent who |
187 | has adopted a child from within the child welfare system and |
188 | representatives from each state agency and appropriate local |
189 | agencies and organizations specified in paragraph (a). The |
190 | advisory council shall serve as the research arm of the office |
191 | and shall be responsible for: |
192 | a. Assisting in developing a plan of action for better |
193 | coordination and integration of the goals, activities, and |
194 | funding pertaining to the promotion and support of adoption and |
195 | the prevention of child abuse, abandonment, and neglect |
196 | conducted by the office in order to maximize staff and resources |
197 | at the state level. The plan of action shall be included in the |
198 | state plan. |
199 | b. Assisting in providing a basic format to be utilized by |
200 | the districts in the preparation of local plans of action in |
201 | order to provide for uniformity in the district plans and to |
202 | provide for greater ease in compiling information for the state |
203 | plan. |
204 | c. Providing the districts with technical assistance in |
205 | the development of local plans of action, if requested. |
206 | d. Assisting in examining the local plans to determine if |
207 | all the requirements of the local plans have been met and, if |
208 | they have not, informing the districts of the deficiencies and |
209 | requesting the additional information needed. |
210 | e. Assisting in preparing the state plan for submission to |
211 | the Legislature and the Governor. Such preparation shall include |
212 | the incorporation into the state plan of information obtained |
213 | from the local plans, the cooperative plans with the members of |
214 | the advisory council, and the plan of action for coordination |
215 | and integration of state departmental activities. The state plan |
216 | shall include a section reflecting general conditions and needs, |
217 | an analysis of variations based on population or geographic |
218 | areas, identified problems, and recommendations for change. In |
219 | essence, the state plan shall provide an analysis and summary of |
220 | each element of the local plans to provide a statewide |
221 | perspective. The state plan shall also include each separate |
222 | local plan of action. |
223 | f. Conducting a feasibility study on the establishment of |
224 | a Children's Cabinet. |
225 | g. Working with the specified state agency in fulfilling |
226 | the requirements of subparagraphs 2., 3., 4., and 5. |
227 | 2. The office, the department, the Department of |
228 | Education, and the Department of Health shall work together in |
229 | developing ways to inform and instruct parents of school |
230 | children and appropriate district school personnel in all school |
231 | districts in the detection of child abuse, abandonment, and |
232 | neglect and in the proper action that should be taken in a |
233 | suspected case of child abuse, abandonment, or neglect, and in |
234 | caring for a child's needs after a report is made. The plan for |
235 | accomplishing this end shall be included in the state plan. |
236 | 3. The office, the department, the Department of Law |
237 | Enforcement, and the Department of Health shall work together in |
238 | developing ways to inform and instruct appropriate local law |
239 | enforcement personnel in the detection of child abuse, |
240 | abandonment, and neglect and in the proper action that should be |
241 | taken in a suspected case of child abuse, abandonment, or |
242 | neglect. |
243 | 4. Within existing appropriations, the office shall work |
244 | with other appropriate public and private agencies to emphasize |
245 | efforts to educate the general public about the problem of and |
246 | ways to detect child abuse, abandonment, and neglect and in the |
247 | proper action that should be taken in a suspected case of child |
248 | abuse, abandonment, or neglect. The plan for accomplishing this |
249 | end shall be included in the state plan. |
250 | 5. The office, the department, the Department of |
251 | Education, and the Department of Health shall work together on |
252 | the enhancement or adaptation of curriculum materials to assist |
253 | instructional personnel in providing instruction through a |
254 | multidisciplinary approach on the identification, intervention, |
255 | and prevention of child abuse, abandonment, and neglect. The |
256 | curriculum materials shall be geared toward a sequential program |
257 | of instruction at the four progressional levels, K-3, 4-6, 7-9, |
258 | and 10-12. Strategies for encouraging all school districts to |
259 | utilize the curriculum are to be included in the state plan for |
260 | the prevention of child abuse, abandonment, and neglect. |
261 | 6. The office, the department, and the Department of |
262 | Education shall work together to develop a postgraduate |
263 | certification program for mental health and education |
264 | professionals who provide services to adoptive children and |
265 | their families. |
266 | 7.6. Each district of the department shall develop a plan |
267 | for its specific geographical area. The plan developed at the |
268 | district level shall be submitted to the advisory council for |
269 | utilization in preparing the state plan. The district local plan |
270 | of action shall be prepared with the involvement and assistance |
271 | of the local agencies and organizations listed in this |
272 | paragraph, as well as representatives from those departmental |
273 | district offices participating in the promotion of adoption, |
274 | support of adoptive families, and treatment and prevention of |
275 | child abuse, abandonment, and neglect. In order to accomplish |
276 | this, the office shall establish a task force on the promotion |
277 | of adoption, support of adoptive families, and prevention of |
278 | child abuse, abandonment, and neglect. The office shall appoint |
279 | the members of the task force in accordance with the membership |
280 | requirements of this section. The office shall ensure that |
281 | individuals from both urban and rural areas and an adoptive |
282 | parent who has adopted a child from within the child welfare |
283 | system are represented on the task force. The task force shall |
284 | develop a written statement clearly identifying its operating |
285 | procedures, purpose, overall responsibilities, and method of |
286 | meeting responsibilities. The district plan of action to be |
287 | prepared by the task force shall include, but shall not be |
288 | limited to: |
289 | a. Documentation of the magnitude of the problems of child |
290 | abuse, including sexual abuse, physical abuse, and emotional |
291 | abuse, and child abandonment and neglect in its geographical |
292 | area. |
293 | b. A description of programs currently serving abused, |
294 | abandoned, and neglected children and their families and a |
295 | description of programs for the prevention of child abuse, |
296 | abandonment, and neglect, including information on the impact, |
297 | cost-effectiveness, and sources of funding of such programs. |
298 | c. Information on the number and associated demographics |
299 | of children within the child welfare system available for |
300 | adoption who need child-specific adoption promotion efforts. |
301 | d. A description of programs currently promoting and |
302 | supporting adoptive families, including information on the |
303 | impact, cost-effectiveness, and sources of funding of such |
304 | programs. |
305 | e. A description of a comprehensive approach for providing |
306 | postadoption services. The continuum of services shall include, |
307 | but not be limited to, sufficient and accessible parent and teen |
308 | support groups; case management, information, and referral |
309 | services; and educational advocacy. |
310 | f.c. A continuum of programs and services necessary for a |
311 | comprehensive approach to the promotion of adoption and the |
312 | prevention of all types of child abuse, abandonment, and neglect |
313 | as well as a brief description of such programs and services. |
314 | g.d. A description, documentation, and priority ranking of |
315 | local needs related to the promotion of adoption, support of |
316 | adoptive families, and prevention of child abuse, abandonment, |
317 | and neglect prevention based upon the continuum of programs and |
318 | services. |
319 | h.e. A plan for steps to be taken in meeting identified |
320 | needs, including the coordination and integration of services to |
321 | avoid unnecessary duplication and cost, and for alternative |
322 | funding strategies for meeting needs through the reallocation of |
323 | existing resources, utilization of volunteers, contracting with |
324 | local universities for services, and local government or private |
325 | agency funding. |
326 | i.f. A description of barriers to the accomplishment of a |
327 | comprehensive approach to the promotion of adoption, support of |
328 | adoptive families, and prevention of child abuse, abandonment, |
329 | and neglect. |
330 | j.g. Recommendations for changes that can be accomplished |
331 | only 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 |
334 | department, the Department of Health, the Department of |
335 | Education, the Department of Juvenile Justice, the Department of |
336 | Corrections, the Agency for Persons with Disabilities, the |
337 | Agency for Workforce Innovation, or any other agency to the |
338 | Legislature for funding of efforts for the promotion of |
339 | adoption, support of adoptive families, and prevention of child |
340 | abuse, abandonment, and neglect shall be based on the state plan |
341 | developed pursuant to this section. |
342 | (b) The office and the other agencies and organizations |
343 | listed in paragraph (8)(a) shall readdress the state plan and |
344 | make necessary revisions every 5 years, at a minimum. Such |
345 | revisions shall be submitted to the Speaker of the House of |
346 | Representatives and the President of the Senate no later than |
347 | June 30 of each year divisible by 5. At least biennially, the |
348 | office shall review the state plan and make any necessary |
349 | revisions based on changing needs and program evaluation |
350 | results. An annual progress report shall be submitted to update |
351 | the state plan in the years between the 5-year intervals. In |
352 | order to avoid duplication of effort, these required plans may |
353 | be made a part of or merged with other plans required by either |
354 | the state or Federal Government, so long as the portions of the |
355 | other state or Federal Government plan that constitute the state |
356 | plan for the promotion of adoption, support of adoptive |
357 | families, and prevention of child abuse, abandonment, and |
358 | neglect are clearly identified as such and are provided to the |
359 | Speaker of the House of Representatives and the President of the |
360 | Senate as required above. |
361 | Section 2. Section 39.0011, Florida Statutes, is created |
362 | to read: |
363 | 39.0011 Direct-support organization.-- |
364 | (1) The Office of Adoption and Child Protection may |
365 | establish a direct-support organization to assist the state in |
366 | carrying out its purposes and responsibilities regarding the |
367 | promotion of adoption, support of adoptive families, and |
368 | prevention of child abuse, abandonment, and neglect by raising |
369 | money; submitting requests for and receiving grants from the |
370 | Federal Government, the state or its political subdivisions, |
371 | private foundations, and individuals; and making expenditures to |
372 | or for the benefit of the office. The sole purpose for the |
373 | direct-support organization is to support the office. Such a |
374 | direct-support organization is an organization that is: |
375 | (a) Incorporated under chapter 617 and approved by the |
376 | Department of State as a Florida corporation not for profit; |
377 | (b) Organized and operated to make expenditures to or for |
378 | the benefit of the office; and |
379 | (c) Approved by the office to be operating for the benefit |
380 | of and in a manner consistent with the goals of the office and |
381 | in the best interest of the state. |
382 | (2) The number of members on the board of directors of the |
383 | direct-support organization shall be determined by the Chief |
384 | Child Advocate. Membership on the board of directors of the |
385 | direct-support organization shall include, but not be limited |
386 | to, a guardian ad litem; a member of a local advocacy council; a |
387 | representative from a community-based care lead agency; a |
388 | representative from a private or public organization or program |
389 | with recognized expertise in working with child abuse prevention |
390 | programs for children and families; a representative of a |
391 | private or public organization or program with recognized |
392 | expertise in working with children who are sexually abused, |
393 | physically abused, emotionally abused, abandoned, or neglected |
394 | and with expertise in working with the families of such |
395 | children; an individual working at a state adoption agency; and |
396 | the parent of a child adopted from within the child welfare |
397 | system. |
398 | (3) The direct-support organization shall operate under |
399 | written contract with the office. |
400 | (4) All moneys received by the direct-support organization |
401 | shall be deposited into an account of the direct-support |
402 | organization and shall be used by the organization in a manner |
403 | consistent with the goals of the office. |
404 | Section 3. Section 39.0014, Florida Statutes, is amended |
405 | to read: |
406 | 39.0014 Responsibilities of public agencies.--All state, |
407 | county, and local agencies shall cooperate, assist, and provide |
408 | information to the Office of Adoption and Child Protection Abuse |
409 | Prevention and the department as will enable them to fulfill |
410 | their responsibilities under this chapter. |
411 | Section 4. Subsection (45) of section 39.01, Florida |
412 | Statutes, is amended to read: |
413 | 39.01 Definitions.--When used in this chapter, unless the |
414 | context otherwise requires: |
415 | (45) "Office" means the Office of Adoption and Child |
416 | Protection Abuse Prevention within the Executive Office of the |
417 | Governor. |
418 | Section 5. Section 409.1661, Florida Statutes, is created |
419 | to read: |
420 | 409.1661 Subsidized adoption program.-- |
421 | (1) LEGISLATIVE INTENT.--It is the intent of the |
422 | Legislature to protect and promote every child's right to the |
423 | security and stability of a permanent family home. The |
424 | Legislature intends to make available to prospective adoptive |
425 | parents financial aid that will enable them to adopt a child. It |
426 | is also the intent of the Legislature that the best interest of |
427 | the 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 |
430 | special needs child as defined in s. 409.166 and any other child |
431 | who was removed from the child's caregiver due to abuse or |
432 | neglect and whose permanent custody has been awarded to the |
433 | department or to a licensed child-placing agency. |
434 | (b) "Child not within the child welfare system" means a |
435 | child residing in Florida, who was born in the United States or |
436 | born to a United States citizen who was serving in a branch of |
437 | the Armed Forces of the United States or working overseas at the |
438 | time of the child's birth, and whose biological parents have had |
439 | their parental rights terminated. |
440 | (c) "Subsidy" means money payments. |
441 | (3) ADMINISTRATION OF PROGRAM.-- |
442 | (a) The department shall pay the following subsidies to |
443 | adoptive parents: |
444 | 1. For support and maintenance of a child within the child |
445 | welfare system until the 18th birthday of the child, a payment |
446 | in an amount of $5,000 annually or an amount less than $5,000 |
447 | annually as determined by the adoptive parents and memorialized |
448 | in a written agreement with the department. However, the amount |
449 | of the adoption subsidy payment shall only exceed $5,000 |
450 | annually when the secretary approves a higher enhanced rate due |
451 | to circumstances such as, but not limited to, a child's need for |
452 | extensive care and supervision. |
453 | 2. For support and maintenance of a child not within the |
454 | child welfare system for 3 years following the finalization of |
455 | the adoption, a payment in an amount of $3,000 annually or an |
456 | amount less than $3,000 annually as determined by the adoptive |
457 | parents and memorialized in a written agreement with the |
458 | department. To be eligible for a subsidy under this |
459 | subparagraph, an adoptive parent must be a legal resident of the |
460 | state and have made a statement of domicile pursuant to s. |
461 | 222.17. A stepparent who is legally married to a child's |
462 | biological parent is not eligible for a subsidy under this |
463 | subparagraph. |
464 | (b) The department shall keep the necessary records to |
465 | evaluate the effectiveness of the program in promoting adoption |
466 | and supporting adoptive families. The department shall provide |
467 | this information to the Office of Adoption and Child Protection. |
468 | (4) WAIVER OF ADOPTION FEES FOR A CHILD WITHIN THE CHILD |
469 | WELFARE SYSTEM.--Adoption fees shall be waived for an adoptive |
470 | parent in the program who adopts a child who is in the custody |
471 | of the department. Adoption fees may be waived for families who |
472 | adopt children in the custody of licensed child-placing |
473 | agencies, or who adopt children through independent adoptions, |
474 | and who receive or may be eligible for subsidies through the |
475 | department. Retroactive reimbursement of fees may not be |
476 | required for families who adopt children in the custody of |
477 | licensed child-placing agencies. |
478 | (5) RULEMAKING.--The department shall adopt rules pursuant |
479 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
480 | section. |
481 | Section 6. This act shall take effect July 1, 2007. |