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; providing additional |
12 | purposes for district plans of action; creating s. |
13 | 39.0011, F.S.; authorizing the office to establish a |
14 | direct-support organization; providing purposes, |
15 | requirements, and objectives; providing for members of a |
16 | board of directors of the direct-support organization; |
17 | requiring the organization to operate under contract with |
18 | the office; providing guidelines for the use of funds; |
19 | amending ss. 39.0014 and 39.01, F.S.; conforming |
20 | references to changes made by the act; creating s. |
21 | 409.1661, F.S.; establishing a subsidized adoption |
22 | program; providing legislative intent; providing |
23 | definitions; providing for administration of the program; |
24 | providing for waiver of certain adoption fees; requiring |
25 | the Department of Children and Family Services to adopt |
26 | rules; providing an appropriation; providing a contingent |
27 | effective date. |
28 |
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29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
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31 | Section 1. Subsections (6) through (9) of section 39.001, |
32 | Florida Statutes, are amended to read: |
33 | 39.001 Purposes and intent; personnel standards and |
34 | screening.-- |
35 | (6) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE, |
36 | ABANDONMENT, AND NEGLECT OF CHILDREN.--The incidence of known |
37 | child abuse, abandonment, and neglect has increased rapidly over |
38 | the past 5 years. The impact that abuse, abandonment, or neglect |
39 | has on the victimized child, siblings, family structure, and |
40 | inevitably on all citizens of the state has caused the |
41 | Legislature to determine that the prevention of child abuse, |
42 | abandonment, and neglect shall be a priority of this state. To |
43 | further this end, it is the intent of the Legislature that an |
44 | Office of Adoption and Child Protection Abuse Prevention be |
45 | established. |
46 | (7) OFFICE OF ADOPTION AND CHILD PROTECTION ABUSE |
47 | PREVENTION.-- |
48 | (a) For purposes of establishing a comprehensive statewide |
49 | approach for the promotion of adoption, support of adoptive |
50 | families, and prevention of child abuse, abandonment, and |
51 | neglect, the Office of Adoption and Child Protection Abuse |
52 | Prevention is created within the Executive Office of the |
53 | Governor. The Governor shall appoint a Chief Child Advocate |
54 | director for the office who shall be subject to confirmation by |
55 | the Senate. |
56 | (b) The Chief Child Advocate director shall: |
57 | 1. Assist in developing rules pertaining to the promotion |
58 | of adoption, support of adoptive families, and implementation of |
59 | child abuse prevention efforts. |
60 | 2. Act as the Governor's liaison with state agencies, |
61 | other state governments, and the public and private sectors on |
62 | matters that relate to the promotion of adoption, support of |
63 | adoptive families, and child abuse prevention. |
64 | 3. Work to secure funding and other support for the |
65 | state's promotion of adoption, support of adoptive families, and |
66 | child abuse prevention efforts, including, but not limited to, |
67 | establishing cooperative relationships among state and private |
68 | agencies. |
69 | 4. Develop a strategic program and funding initiative that |
70 | links the separate jurisdictional activities of state agencies |
71 | with respect to promotion of adoption, support of adoptive |
72 | families, and child abuse prevention. The office may designate |
73 | lead and contributing agencies to develop such initiatives. |
74 | 5. Advise the Governor and the Legislature on statistics |
75 | related to the promotion of adoption, support of adoptive |
76 | families, and child abuse prevention trends in this state, the |
77 | status of current adoption programs and services, current child |
78 | abuse prevention programs and services, the funding of adoption, |
79 | support of adoptive families, and child abuse prevention those |
80 | programs and services, and the status of the office with regard |
81 | to the development and implementation of the state strategy for |
82 | the promotion of adoption, support of adoptive families, and |
83 | child abuse prevention strategy. |
84 | 6. Develop child abuse prevention public awareness |
85 | campaigns to be implemented throughout the state for the |
86 | promotion of adoption, support of adoptive families, and child |
87 | abuse prevention. |
88 | (c) The office is authorized and directed to: |
89 | 1. Oversee the preparation and implementation of the state |
90 | plan established under subsection (8) and revise and update the |
91 | state plan as necessary. |
92 | 2. Provide for or make available continuing professional |
93 | education and training in the prevention of child abuse and |
94 | neglect. |
95 | 3. Work to secure funding in the form of appropriations, |
96 | gifts, and grants from the state, the Federal Government, and |
97 | other public and private sources in order to ensure that |
98 | sufficient funds are available for the promotion of adoption, |
99 | support of adoptive families, and child abuse prevention |
100 | efforts. |
101 | 4. Make recommendations pertaining to agreements or |
102 | contracts for the establishment and development of: |
103 | a. Programs and services for the promotion of adoption, |
104 | support of adoptive families, and prevention of child abuse and |
105 | neglect. |
106 | b. Training programs for the prevention of child abuse and |
107 | neglect. |
108 | c. Multidisciplinary and discipline-specific training |
109 | programs for professionals with responsibilities affecting |
110 | children, young adults, and families. |
111 | d. Efforts to promote adoption. |
112 | e. Postadoptive services to support adoptive families. |
113 | 5. Monitor, evaluate, and review the development and |
114 | quality of local and statewide services and programs for the |
115 | promotion of adoption, support of adoptive families, and |
116 | prevention of child abuse and neglect and shall publish and |
117 | distribute an annual report of its findings on or before January |
118 | 1 of each year to the Governor, the Speaker of the House of |
119 | Representatives, the President of the Senate, the secretary of |
120 | each state agency affected by the report, and the appropriate |
121 | substantive committees of the Legislature. The report shall |
122 | include: |
123 | a. A summary of the activities of the office. |
124 | b. A summary of the adoption data collected and reported |
125 | to the federal Adoption and Foster Care Analysis and Reporting |
126 | System (AFCARS) and the federal Administration for Children and |
127 | Families. |
128 | c. A summary of the child abuse prevention data collected |
129 | and reported to the National Child Abuse and Neglect Data System |
130 | (NCANDS) and the federal Administration for Children and |
131 | Families. |
132 | d.b. A summary detailing the timeliness of the adoption |
133 | process for children adopted from within the child welfare |
134 | system demographic and geographic characteristics of families |
135 | served by the prevention programs. |
136 | e.c. Recommendations, by state agency, for the further |
137 | development and improvement of services and programs for the |
138 | promotion of adoption, support of adoptive families, and |
139 | prevention of child abuse and neglect. |
140 | f.d. The Budget requests, adoption promotion and support |
141 | needs, and child abuse prevention program needs by state agency. |
142 | 6. Work with the direct-support organization established |
143 | under s. 39.0011 to receive financial assistance. |
144 | (8) PLAN FOR COMPREHENSIVE APPROACH.-- |
145 | (a) The office shall develop a state plan for the |
146 | promotion of adoption, support of adoptive families, and |
147 | prevention of abuse, abandonment, and neglect of children and |
148 | shall submit the state plan to the Speaker of the House of |
149 | Representatives, the President of the Senate, and the Governor |
150 | no later than December 31, 2008 2007. The Department of Children |
151 | and Family Services, the Department of Corrections, the |
152 | Department of Education, the Department of Health, the |
153 | Department of Juvenile Justice, the Department of Law |
154 | Enforcement, the Agency for Persons with Disabilities, and the |
155 | Agency for Workforce Innovation shall participate and fully |
156 | cooperate in the development of the state plan at both the state |
157 | and local levels. Furthermore, appropriate local agencies and |
158 | organizations shall be provided an opportunity to participate in |
159 | the development of the state plan at the local level. |
160 | Appropriate local groups and organizations shall include, but |
161 | not be limited to, community mental health centers; guardian ad |
162 | litem programs for children under the circuit court; the school |
163 | boards of the local school districts; the Florida local advocacy |
164 | councils; community-based care lead agencies; private or public |
165 | organizations or programs with recognized expertise in working |
166 | with child abuse prevention programs for children and families; |
167 | private or public organizations or programs with recognized |
168 | expertise in working with children who are sexually abused, |
169 | physically abused, emotionally abused, abandoned, or neglected |
170 | and with expertise in working with the families of such |
171 | children; private or public programs or organizations with |
172 | expertise in maternal and infant health care; multidisciplinary |
173 | child protection teams; child day care centers; law enforcement |
174 | agencies; and the circuit courts, when guardian ad litem |
175 | programs are not available in the local area. The state plan to |
176 | be provided to the Legislature and the Governor shall include, |
177 | as a minimum, the information required of the various groups in |
178 | paragraph (b). |
179 | (b) The development of the state plan shall be |
180 | accomplished in the following manner: |
181 | 1. The office shall establish a Child Abuse Prevention and |
182 | Permanency Advisory Council composed of an adoptive parent who |
183 | has adopted a child from within the child welfare system and |
184 | representatives from each state agency and appropriate local |
185 | agencies and organizations specified in paragraph (a). The |
186 | advisory council shall serve as the research arm of the office |
187 | and shall be responsible for: |
188 | a. Assisting in developing a plan of action for better |
189 | coordination and integration of the goals, activities, and |
190 | funding pertaining to the promotion and support of adoption and |
191 | the prevention of child abuse, abandonment, and neglect |
192 | conducted by the office in order to maximize staff and resources |
193 | at the state level. The plan of action shall be included in the |
194 | state plan. |
195 | b. Assisting in providing a basic format to be utilized by |
196 | the districts in the preparation of local plans of action in |
197 | order to provide for uniformity in the district plans and to |
198 | provide for greater ease in compiling information for the state |
199 | plan. |
200 | c. Providing the districts with technical assistance in |
201 | the development of local plans of action, if requested. |
202 | d. Assisting in examining the local plans to determine if |
203 | all the requirements of the local plans have been met and, if |
204 | they have not, informing the districts of the deficiencies and |
205 | requesting the additional information needed. |
206 | e. Assisting in preparing the state plan for submission to |
207 | the Legislature and the Governor. Such preparation shall include |
208 | the incorporation into the state plan of information obtained |
209 | from the local plans, the cooperative plans with the members of |
210 | the advisory council, and the plan of action for coordination |
211 | and integration of state departmental activities. The state plan |
212 | shall include a section reflecting general conditions and needs, |
213 | an analysis of variations based on population or geographic |
214 | areas, identified problems, and recommendations for change. In |
215 | essence, the state plan shall provide an analysis and summary of |
216 | each element of the local plans to provide a statewide |
217 | perspective. The state plan shall also include each separate |
218 | local plan of action. |
219 | f. Conducting a feasibility study on the establishment of |
220 | a Children's Cabinet. |
221 | g. Working with the specified state agency in fulfilling |
222 | the requirements of subparagraphs 2., 3., 4., and 5. |
223 | 2. The office, the department, the Department of |
224 | Education, and the Department of Health shall work together in |
225 | developing ways to inform and instruct parents of school |
226 | children and appropriate district school personnel in all school |
227 | districts in the detection of child abuse, abandonment, and |
228 | neglect and in the proper action that should be taken in a |
229 | suspected case of child abuse, abandonment, or neglect, and in |
230 | caring for a child's needs after a report is made. The plan for |
231 | accomplishing this end shall be included in the state plan. |
232 | 3. The office, the department, the Department of Law |
233 | Enforcement, and the Department of Health shall work together in |
234 | developing ways to inform and instruct appropriate local law |
235 | enforcement personnel in the detection of child abuse, |
236 | abandonment, and neglect and in the proper action that should be |
237 | taken in a suspected case of child abuse, abandonment, or |
238 | neglect. |
239 | 4. Within existing appropriations, the office shall work |
240 | with other appropriate public and private agencies to emphasize |
241 | efforts to educate the general public about the problem of and |
242 | ways to detect child abuse, abandonment, and neglect and in the |
243 | proper action that should be taken in a suspected case of child |
244 | abuse, abandonment, or neglect. The plan for accomplishing this |
245 | end shall be included in the state plan. |
246 | 5. The office, the department, the Department of |
247 | Education, and the Department of Health shall work together on |
248 | the enhancement or adaptation of curriculum materials to assist |
249 | instructional personnel in providing instruction through a |
250 | multidisciplinary approach on the identification, intervention, |
251 | and prevention of child abuse, abandonment, and neglect. The |
252 | curriculum materials shall be geared toward a sequential program |
253 | of instruction at the four progressional levels, K-3, 4-6, 7-9, |
254 | and 10-12. Strategies for encouraging all school districts to |
255 | utilize the curriculum are to be included in the state plan for |
256 | the prevention of child abuse, abandonment, and neglect. |
257 | 6. Each district of the department shall develop a plan |
258 | for its specific geographical area. The plan developed at the |
259 | district level shall be submitted to the advisory council for |
260 | utilization in preparing the state plan. The district local plan |
261 | of action shall be prepared with the involvement and assistance |
262 | of the local agencies and organizations listed in this |
263 | paragraph, as well as representatives from those departmental |
264 | district offices participating in the promotion of adoption, |
265 | support of adoptive families, and treatment and prevention of |
266 | child abuse, abandonment, and neglect. In order to accomplish |
267 | this, the office shall establish a task force on the promotion |
268 | of adoption, support of adoptive families, and prevention of |
269 | child abuse, abandonment, and neglect. The office shall appoint |
270 | the members of the task force in accordance with the membership |
271 | requirements of this section. The office shall ensure that |
272 | individuals from both urban and rural areas and an adoptive |
273 | parent who has adopted a child from within the child welfare |
274 | system are represented on the task force. The task force shall |
275 | develop a written statement clearly identifying its operating |
276 | procedures, purpose, overall responsibilities, and method of |
277 | meeting responsibilities. The district plan of action to be |
278 | prepared by the task force shall include, but shall not be |
279 | limited to: |
280 | a. Documentation of the magnitude of the problems of child |
281 | abuse, including sexual abuse, physical abuse, and emotional |
282 | abuse, and child abandonment and neglect in its geographical |
283 | area. |
284 | b. A description of programs currently serving abused, |
285 | abandoned, and neglected children and their families and a |
286 | description of programs for the prevention of child abuse, |
287 | abandonment, and neglect, including information on the impact, |
288 | cost-effectiveness, and sources of funding of such programs. |
289 | c. Information concerning the number of children within |
290 | the child welfare system available for adoption who need child- |
291 | specific adoption promotion efforts. |
292 | d. A description of programs currently promoting and |
293 | supporting adoptive families, including information on the |
294 | impact, cost-effectiveness, and sources of funding of such |
295 | programs. |
296 | e. A description of a comprehensive approach for providing |
297 | postadoption services. The continuum of services shall include, |
298 | but not be limited to, sufficient and accessible parent and teen |
299 | support groups; case management, information, and referral |
300 | services; and educational advocacy. |
301 | f.c. A continuum of programs and services necessary for a |
302 | comprehensive approach to the promotion of adoption and the |
303 | prevention of all types of child abuse, abandonment, and neglect |
304 | as well as a brief description of such programs and services. |
305 | g.d. A description, documentation, and priority ranking of |
306 | local needs related to the promotion of adoption, support of |
307 | adoptive families, and prevention of child abuse, abandonment, |
308 | and neglect prevention based upon the continuum of programs and |
309 | services. |
310 | h.e. A plan for steps to be taken in meeting identified |
311 | needs, including the coordination and integration of services to |
312 | avoid unnecessary duplication and cost, and for alternative |
313 | funding strategies for meeting needs through the reallocation of |
314 | existing resources, utilization of volunteers, contracting with |
315 | local universities for services, and local government or private |
316 | agency funding. |
317 | i.f. A description of barriers to the accomplishment of a |
318 | comprehensive approach to the promotion of adoption, support of |
319 | adoptive families, and prevention of child abuse, abandonment, |
320 | and neglect. |
321 | j.g. Recommendations for changes that can be accomplished |
322 | only at the state program level or by legislative action. |
323 | (9) FUNDING AND SUBSEQUENT PLANS.-- |
324 | (a) All budget requests submitted by the office, the |
325 | department, the Department of Health, the Department of |
326 | Education, the Department of Juvenile Justice, the Department of |
327 | Corrections, the Agency for Persons with Disabilities, the |
328 | Agency for Workforce Innovation, or any other agency to the |
329 | Legislature for funding of efforts for the promotion of |
330 | adoption, support of adoptive families, and prevention of child |
331 | abuse, abandonment, and neglect shall be based on the state plan |
332 | developed pursuant to this section. |
333 | (b) The office and the other agencies and organizations |
334 | listed in paragraph (8)(a) shall readdress the state plan and |
335 | make necessary revisions every 5 years, at a minimum. Such |
336 | revisions shall be submitted to the Speaker of the House of |
337 | Representatives and the President of the Senate no later than |
338 | June 30 of each year divisible by 5. At least biennially, the |
339 | office shall review the state plan and make any necessary |
340 | revisions based on changing needs and program evaluation |
341 | results. An annual progress report shall be submitted to update |
342 | the state plan in the years between the 5-year intervals. In |
343 | order to avoid duplication of effort, these required plans may |
344 | be made a part of or merged with other plans required by either |
345 | the state or Federal Government, so long as the portions of the |
346 | other state or Federal Government plan that constitute the state |
347 | plan for the promotion of adoption, support of adoptive |
348 | families, and prevention of child abuse, abandonment, and |
349 | neglect are clearly identified as such and are provided to the |
350 | Speaker of the House of Representatives and the President of the |
351 | Senate as required above. |
352 | Section 2. Section 39.0011, Florida Statutes, is created |
353 | to read: |
354 | 39.0011 Direct-support organization.-- |
355 | (1) The Office of Adoption and Child Protection may |
356 | establish a direct-support organization to assist the state in |
357 | carrying out its purposes and responsibilities regarding the |
358 | promotion of adoption, support of adoptive families, and |
359 | prevention of child abuse, abandonment, and neglect by raising |
360 | money; submitting requests for and receiving grants from the |
361 | Federal Government, the state or its political subdivisions, |
362 | private foundations, and individuals; and making expenditures to |
363 | or for the benefit of the office. The sole purpose for the |
364 | direct-support organization is to support the office. Such a |
365 | direct-support organization is an organization that is: |
366 | (a) Incorporated under chapter 617 and approved by the |
367 | Department of State as a Florida corporation not for profit; |
368 | (b) Organized and operated to make expenditures to or for |
369 | the benefit of the office; and |
370 | (c) Approved by the office to be operating for the benefit |
371 | of and in a manner consistent with the goals of the office and |
372 | in the best interest of the state. |
373 | (2) The number of members on the board of directors of the |
374 | direct-support organization shall be determined by the Chief |
375 | Child Advocate. Membership on the board of directors of the |
376 | direct-support organization shall include, but not be limited |
377 | to, a guardian ad litem; a member of a local advocacy council; a |
378 | representative from a community-based care lead agency; a |
379 | representative from a private or public organization or program |
380 | with recognized expertise in working with child abuse prevention |
381 | programs for children and families; a representative of a |
382 | private or public organization or program with recognized |
383 | expertise in working with children who are sexually abused, |
384 | physically abused, emotionally abused, abandoned, or neglected |
385 | and with expertise in working with the families of such |
386 | children; an individual working at a state adoption agency; and |
387 | the parent of a child adopted from within the child welfare |
388 | system. |
389 | (3) The direct-support organization shall operate under |
390 | written contract with the office. |
391 | (4) All moneys received by the direct-support organization |
392 | shall be deposited into an account of the direct-support |
393 | organization and shall be used by the organization in a manner |
394 | consistent with the goals of the office. |
395 | Section 3. Section 39.0014, Florida Statutes, is amended |
396 | to read: |
397 | 39.0014 Responsibilities of public agencies.--All state, |
398 | county, and local agencies shall cooperate, assist, and provide |
399 | information to the Office of Adoption and Child Protection Abuse |
400 | Prevention and the department as will enable them to fulfill |
401 | their responsibilities under this chapter. |
402 | Section 4. Subsection (45) of section 39.01, Florida |
403 | Statutes, is amended to read: |
404 | 39.01 Definitions.--When used in this chapter, unless the |
405 | context otherwise requires: |
406 | (45) "Office" means the Office of Adoption and Child |
407 | Protection Abuse Prevention within the Executive Office of the |
408 | Governor. |
409 | Section 5. Section 409.1661, Florida Statutes, is created |
410 | to read: |
411 | 409.1661 Subsidized adoption program.-- |
412 | (1) LEGISLATIVE INTENT.--It is the intent of the |
413 | Legislature to protect and promote every child's right to the |
414 | security and stability of a permanent family home. The |
415 | Legislature intends to make available to prospective adoptive |
416 | parents financial aid that will enable them to adopt a child. It |
417 | is also the intent of the Legislature that the best interest of |
418 | the child shall be the deciding factor in every case. |
419 | (2) DEFINITIONS.--As used in this section, the term: |
420 | (a) "Child within the child welfare system" means a |
421 | special needs child as defined in s. 409.166 and any other child |
422 | who was removed from the child's caregiver due to abuse or |
423 | neglect and whose permanent custody has been awarded to the |
424 | department or to a licensed child-placing agency. |
425 | (b) "Subsidy" means money payments. |
426 | (3) ADMINISTRATION OF PROGRAM.-- |
427 | (a) The department shall provide to adoptive parents for |
428 | the support and maintenance of a child within the child welfare |
429 | system until the 18th birthday of the child a subsidy payment in |
430 | an amount of $5,000 annually or an amount less than $5,000 |
431 | annually as determined by the adoptive parents and the |
432 | department and memorialized in a written agreement with the |
433 | department. However, the amount of the adoption subsidy payment |
434 | shall only exceed $5,000 annually when the secretary approves a |
435 | higher enhanced rate due to circumstances such as, but not |
436 | limited to, a child's need for extensive care and supervision. |
437 | (b) The department shall keep the necessary data and |
438 | records to evaluate the effectiveness of the program in |
439 | promoting adoption and supporting adoptive families. The |
440 | department shall provide this information to the Office of |
441 | Adoption and Child Protection. |
442 | (4) WAIVER OF ADOPTION FEES FOR A CHILD WITHIN THE CHILD |
443 | WELFARE SYSTEM.--Adoption fees shall be waived for an adoptive |
444 | parent in the program who adopts a child who is in the custody |
445 | of the department. Adoption fees may be waived for families who |
446 | adopt children in the custody of licensed child-placing |
447 | agencies, or who adopt children through independent adoptions, |
448 | and who receive or may be eligible for subsidies through the |
449 | department. Retroactive reimbursement of fees may not be |
450 | required for families who adopt children in the custody of |
451 | licensed child-placing agencies. |
452 | (5) RULEMAKING.--The department shall adopt rules pursuant |
453 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
454 | section. |
455 | Section 6. The sum of $1,519,811 in recurring funds is |
456 | appropriated from the General Revenue Fund to the Executive |
457 | Office of the Governor for the purposes of implementing the |
458 | Office of Adoption and Child Protection as provided in sections |
459 | 39.001, 39.0014, and 39.01, Florida Statutes, as amended by this |
460 | act, and section 39.0011, Florida Statutes, as created by this |
461 | act. |
462 | Section 7. This act shall take effect July 1, 2007, except |
463 | that section 409.1661, Florida Statutes, as created by this act, |
464 | shall only take effect subject to a specific appropriation in |
465 | the General Appropriations Act for fiscal year 2007-2008. |