Florida Senate - 2009                                    SB 2288
       
       
       
       By Senator Storms
       
       
       
       
       10-01545B-09                                          20092288__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.001,
    3         F.S.; adding family-centered practice to the
    4         principles upon which the child protection system
    5         should be based; amending s. 39.01, F.S.; conforming a
    6         cross-reference; amending s. 39.0121, F.S.; conforming
    7         cross-references; amending s. 39.013, F.S.; conforming
    8         terms; amending s. 39.202, F.S.; requiring the
    9         Department of Children and Family Services to
   10         permanently keep all records of child abuse,
   11         abandonment, and neglect which relate to services
   12         provided to the child; requiring the department to
   13         notify the child's legal custodian or the adult child
   14         of how such records may be obtained; requiring the
   15         department to adopt rules; amending s. 39.301, F.S.;
   16         providing definitions; providing for a safety
   17         assessment as part of child protective investigations;
   18         deleting provisions relating to preliminary
   19         determinations, when to file petitions for dependency,
   20         when to conduct onsite and enhanced onsite protective
   21         investigations, when certain services should be
   22         provided, certain training requirements, and certain
   23         rule adoption requirements; providing a directive to
   24         the Division of Statutory Revision; repealing ss.
   25         39.311, 39.312, 39.313, 39.314, 39.315, 39.316,
   26         39.317, 39.318, F.S., relating to the Family Builders
   27         Program; creating s. 39.320, F.S.; providing
   28         legislative findings and intent relating to family
   29         centered practice; creating s. 39.321, F.S.; providing
   30         goals for family-centered practice; creating s.
   31         39.322, F.S.; providing principles for family-centered
   32         practice; authorizing the department to adopt rules;
   33         creating s. 39.323, F.S.; authorizing the department
   34         to use certain funds for delivering family-centered
   35         practice services; amending s. 39.504, F.S.; revising
   36         provisions relating to an injunction to protect a
   37         child; requiring the petition to be verified;
   38         providing for hearings; amending s. 39.823, F.S.;
   39         conforming a cross-reference; amending s. 409.1451,
   40         F.S.; conforming terms relating to dependency
   41         placement; allowing a participant in the Road-to
   42         Independence program to be reinstated; amending s.
   43         409.1671, F.S.; requiring the Department of Children
   44         and Family Services to ensure that contracts with
   45         community-based agencies are funded by general revenue
   46         and federal funding sources; requiring the agencies to
   47         document federal earnings and to return undocumented
   48         earnings to the department; permitting contracts with
   49         the agencies to be increased by excess earnings;
   50         authorizing the department to outsource certain
   51         functions relating to the agencies; permitting certain
   52         expenditures by the agencies; requiring that fixed
   53         price contracts with the agencies have a 2-month
   54         advance and that interest on the advance be retained
   55         by the agencies to expend on allowable child welfare
   56         services; providing an effective date.
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Paragraph (b) of subsection (1) of section
   61  39.001, Florida Statutes, is amended to read:
   62         39.001 Purposes and intent; personnel standards and
   63  screening.—
   64         (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
   65         (b) To recognize that most families desire to be competent
   66  caregivers and providers for their children and that children
   67  achieve their greatest potential when families are able to
   68  support and nurture the growth and development of their
   69  children. Therefore, the Legislature finds that policies and
   70  procedures that provide for prevention and intervention through
   71  the department's child protection system should be based on the
   72  following principles:
   73         1. The health and safety of the children served shall be of
   74  paramount concern.
   75         2.Family-centered practice as provided in part IV of this
   76  chapter if the department determines that the child will be safe
   77  and it is in the child’s best interests.
   78         3.2. The prevention and intervention should engage families
   79  in constructive, supportive, and nonadversarial relationships.
   80         4.3. The prevention and intervention should intrude as
   81  little as possible into the life of the family, be focused on
   82  clearly defined objectives, and take the most parsimonious path
   83  to remedy a family's problems.
   84         5.4. The prevention and intervention should be based upon
   85  outcome evaluation results that demonstrate success in
   86  protecting children and supporting families.
   87         Section 2. Subsection (10) of section 39.01, Florida
   88  Statutes, is amended to read:
   89         39.01 Definitions.—When used in this chapter, unless the
   90  context otherwise requires:
   91         (10) “Caregiver” means the parent, legal custodian,
   92  permanent guardian, adult household member, or other person
   93  responsible for a child's welfare as defined in subsection (47)
   94  (46).
   95         Section 3. Subsection (10) and paragraph (b) of subsection
   96  (16) of section 39.0121, Florida Statutes, are amended to read:
   97         39.0121 Specific rulemaking authority.—Pursuant to the
   98  requirements of s. 120.536, the department is specifically
   99  authorized to adopt, amend, and repeal administrative rules
  100  which implement or interpret law or policy, or describe the
  101  procedure and practice requirements necessary to implement this
  102  chapter, including, but not limited to, the following:
  103         (10) The Family Builders Program, the Intensive Crisis
  104  Counseling Program, and any other early intervention programs
  105  and kinship care assistance programs.
  106         (16) Provisions for reporting, locating, recovering, and
  107  stabilizing children whose whereabouts become unknown while they
  108  are involved with the department and for preventing recurrences
  109  of such incidents. At a minimum, the rules must:
  110         (b) Include criteria to determine when a child is missing
  111  for purposes of making a report to a law enforcement agency, and
  112  require that in all cases in which a law enforcement agency has
  113  accepted a case for criminal investigation pursuant to s. 39.301
  114  s. 39.301(2)(c) and the child's whereabouts are unknown, the
  115  child shall be considered missing and a report made.
  116         Section 4. Subsection (2) of section 39.013, Florida
  117  Statutes, is amended to read:
  118         39.013 Procedures and jurisdiction; right to counsel.—
  119         (2) The circuit court has exclusive original jurisdiction
  120  of all proceedings under this chapter, of a child voluntarily
  121  placed with a licensed child-caring agency, a licensed child
  122  placing agency, or the department, and of the adoption of
  123  children whose parental rights have been terminated under this
  124  chapter. Jurisdiction attaches when a petition for injunction
  125  issued pursuant to s. 39.504, the initial shelter petition,
  126  dependency petition, or termination of parental rights petition
  127  is filed or when a child is taken into the custody of the
  128  department. The circuit court may assume jurisdiction over any
  129  such proceeding regardless of whether the child was in the
  130  physical custody of both parents, was in the sole legal or
  131  physical custody of only one parent, caregiver, or some other
  132  person, or was in the physical or legal custody of no person
  133  when the event or condition occurred which that brought the
  134  child to the attention of the court. If When the court obtains
  135  jurisdiction of any child who has been found to be dependent,
  136  the court shall retain jurisdiction, unless relinquished by its
  137  order, until the child reaches 18 years of age. However:,
  138         (a) If a youth petitions the court at any time before his
  139  or her 19th birthday requesting the court's continued
  140  jurisdiction, the juvenile court may retain jurisdiction under
  141  this chapter for up to a period not to exceed 1 year following
  142  the youth's 18th birthday for the purpose of determining whether
  143  appropriate aftercare support, Road-to-Independence Program,
  144  transitional support, mental health, and developmental
  145  disability services, to the extent otherwise authorized by law,
  146  have been provided to the formerly dependent child who was in
  147  the legal custody of the department immediately before his or
  148  her 18th birthday.
  149         (b) If a petition for special immigrant juvenile status and
  150  an application for adjustment of status have been filed on
  151  behalf of a foster child and the petition and application have
  152  not been granted by the time the child reaches 18 years of age,
  153  the court may retain jurisdiction over the dependency case
  154  solely for the purpose of allowing the continued consideration
  155  of the petition and application by federal authorities. Review
  156  hearings for the child shall be set solely for the purpose of
  157  determining the status of the petition and application. The
  158  court's jurisdiction terminates upon the final decision of the
  159  federal authorities. Retention of jurisdiction in this instance
  160  does not affect the services available to a young adult under s.
  161  409.1451. The court may not retain jurisdiction of the case
  162  after the immigrant child's 22nd birthday.
  163         Section 5. Subsection (7) of section 39.202, Florida
  164  Statutes, is amended to read:
  165         39.202 Confidentiality of reports and records in cases of
  166  child abuse or neglect.—
  167         (7) The department shall make and keep reports and records
  168  of all cases under this chapter relating to child abuse,
  169  abandonment, and neglect and shall preserve all records
  170  pertaining to the provision of services to the child, including,
  171  but not limited to, educational records, medical and dental
  172  records, psychiatric and psychological records, as well as
  173  photographs and all placement addresses consistent with
  174  applicable law or rule. All other the records pertaining to the
  175  a child and family must be kept until 7 years after the last
  176  entry was made or until the child is 18 years of age, whichever
  177  date is later first reached, and may then be destroyed destroy
  178  the records.
  179         (a)Within 90 days after the child leaves department
  180  custody, the department shall notify the person having legal
  181  custody of the child, or the young adult who was in the
  182  department's custody until his or her 18th birthday, in writing
  183  how records may be obtained.
  184         (b) Department records required by this chapter relating to
  185  child abuse, abandonment, and neglect may be inspected only upon
  186  order of the court or as provided for in this section.
  187         (c)The department shall adopt rules regarding the format,
  188  storage, retrieval and release of these records.
  189         Section 6. Section 39.301, Florida Statutes, is amended to
  190  read:
  191         (Substantial rewording of section. See
  192         s. 39.301, F.S., for present text.)
  193         39.301Initiation of protective investigations.—
  194         (1)DEFINITIONS.—As used in this section, the term:
  195         (a)“Criminal conduct or omission” means:
  196         1.A child is known or suspected to be the victim of child
  197  abuse, aggravated child abuse, or neglect of a child, as those
  198  terms are defined in s. 827.03.
  199         2.A child is known or suspected to have died as a result
  200  of abuse or neglect.
  201         3.A child is known or suspected to be the victim of sexual
  202  battery, as defined in s. 827.071, or sexual abuse of a child,
  203  as defined in s. 39.01.
  204         4.A child is known or suspected to be the victim of
  205  institutional child abuse or neglect, as defined in s. 39.01,
  206  and as contemplated in s. 39.302.
  207         5.A child is known or suspected to be a victim of human
  208  trafficking, as provided in s. 787.06.
  209         (b)“Safe” means a condition in which the capacities of the
  210  family are sufficient to protect the child from the presence or
  211  imminent threat of serious harm.
  212         (c)“Unsafe” means a condition in which the protective
  213  capacities of the family are not sufficient to protect the child
  214  from the presence or imminent threat of serious harm.
  215         (d)“At risk” means the likelihood that a child will be
  216  harmed in the future.
  217         (2)REPORTS.—
  218         (a)Upon receiving a report of known or suspected child
  219  abuse, abandonment, or neglect, or that a child is in need of
  220  supervision and care and does not have a caregiver immediately
  221  known and available to provide supervision and care, the central
  222  abuse hotline shall determine if the report requires an
  223  immediate child protective investigation.
  224         1.For reports requiring an immediate child protective
  225  investigation, the central abuse hotline shall immediately
  226  notify the department’s designated staff or entity responsible
  227  for child protective investigations in the applicable circuit to
  228  ensure that an investigation is immediately initiated.
  229         2.For reports not requiring an immediate child protective
  230  investigation, the central abuse hotline shall notify the
  231  department's designated staff or entity responsible for child
  232  protective investigations in the applicable circuit in
  233  sufficient time to allow for a timely investigation.
  234         (b)The department shall maintain a master file for each
  235  child whose report is accepted by the central abuse hotline for
  236  investigation. Such file must contain information on all reports
  237  received concerning that child.
  238         1.As part of the notification required under paragraph
  239  (a), the central abuse hotline must provide information relating
  240  to any previous report concerning any person who is a subject of
  241  the current report and all available information concerning the
  242  current report and all prior reports.
  243         2.The file must be made available to any department staff
  244  member, agent of the department, or contract provider who is
  245  responsible for conducting a child protective investigation.
  246         (c)If an investigation is closed and a person is not
  247  identified as the caregiver who is responsible for the abuse,
  248  neglect, or abandonment alleged in the report, the fact that a
  249  person is named in some capacity in the report may not be used
  250  to adversely affect the interests of that person. This applies
  251  to the use of such information in employment screening,
  252  licensing, child placement, adoption, or any other decisions by
  253  a private adoption agency, a state agency, or its contracted
  254  providers, except that a previous report may be used to
  255  determine whether a child is safe and what the known risk is to
  256  the child at any stage of a child-protection proceeding.
  257         (3)CRIMINAL INVESTIGATIONS.—The department shall
  258  immediately forward allegations of criminal conduct or omission
  259  to the municipal or county law enforcement agency of the
  260  municipality or county in which the alleged criminal conduct or
  261  omission has occurred.
  262         (a)Upon receiving a written report of an allegation of
  263  criminal conduct or omission from the department, the law
  264  enforcement agency shall review the information in the written
  265  report to determine whether a criminal investigation is
  266  warranted. If the law enforcement agency accepts the case for
  267  criminal investigation, it shall coordinate its investigative
  268  activities with the department, if feasible. If the law
  269  enforcement agency does not accept the case for criminal
  270  investigation, the agency shall notify the department in
  271  writing.
  272         (b)Pursuant to a criminal investigation, photographs
  273  documenting child abuse, abandonment, or neglect may be taken
  274  when appropriate.
  275         (c)The agreement with the local law enforcement agency
  276  required by s. 39.306 must describe the specific local protocols
  277  for implementing this section.
  278         (d)Within 15 days after a case is reported to the state
  279  attorney pursuant to this chapter, he or she shall report his or
  280  her findings to the department and shall include in the report a
  281  determination of whether or not prosecution is justified and
  282  appropriate in view of the circumstances of the specific case.
  283         (4)CHILD PROTECTIVE INVESTIGATIONS.—
  284         (a)To the extent practical, all child protective
  285  investigations shall be conducted or supervised by a single
  286  child protective investigator in order to facilitate broad
  287  knowledge and understanding of the child's history.
  288         1.If a new investigator is assigned to investigate a
  289  second or subsequent report involving a child, a
  290  multidisciplinary staffing shall be conducted which includes new
  291  and prior investigators, their supervisors, and appropriate
  292  private providers in order to ensure, to the extent possible,
  293  that there is coordination among all parties.
  294         2.The department may adopt rules that ensure that all
  295  required investigative activities, including a review of the
  296  child's complete investigative and protective services history,
  297  are completed by the investigator, reviewed by the supervisor in
  298  a timely manner, and signed and dated by both the investigator
  299  and the investigator's supervisor.
  300         (b)A child protective investigator’s visit to the
  301  household and face-to-face interviews with the child or family
  302  shall be without advance notice unless it is determined by the
  303  child protective investigator that an unannounced visit would
  304  threaten the safety of the child.
  305         (c)If the child protective investigator is denied
  306  reasonable access to a child by the child's caregivers and the
  307  investigator deems that the best interests of the child so
  308  requires, he or she shall seek an appropriate court order or
  309  other legal authority before examining and interviewing the
  310  child.
  311         (d)Upon commencing the investigation, the child protective
  312  investigator shall inform any subject of the investigation:
  313         1.The names of the investigators and identifying
  314  credentials from the department;
  315         2.The purpose of the investigation; and
  316         3.The right to obtain his or her own attorney and how the
  317  information provided by the subject may be used.
  318         (e)In addition to the requirements of paragraph (d), the
  319  child protective investigator shall inform the parent or legal
  320  custodian of the child:
  321         1.The possible outcomes of the investigation and the
  322  availability of department services;
  323         2.The right of the parent or legal custodian to be
  324  involved to the fullest extent possible in determining the
  325  nature of the allegation and any identified problems;
  326         3.The right of the parent or legal custodian to refuse
  327  services, as well as the responsibility of the department to
  328  protect the child regardless of the acceptance or refusal of
  329  services; and
  330         4.The duty of the parent or legal custodian to report any
  331  change in the residence or location of the child to the
  332  investigator and that the duty to report continues until the
  333  investigation is closed.
  334         (f)If, after having been notified of the requirement to
  335  report a change in residence or location of the child to the
  336  child protective investigator, a parent or legal custodian
  337  causes the child to move, or allows the child to be moved, to a
  338  different residence or location, or if the child leaves the
  339  residence on his or her own accord and the parent or legal
  340  custodian do not notify the child protective investigator of the
  341  move within 2 business days, the child may be considered to be a
  342  missing child for the purposes of filing a report with a law
  343  enforcement agency under s. 937.021.
  344         (g)The department shall orally notify the jurisdictionally
  345  responsible state attorney, and county sheriff's office or local
  346  police department, and, within 3 working days, transmit a full
  347  written report to those agencies immediately upon learning
  348  during the course of an investigation that:
  349         1.The immediate safety or well-being of a child is
  350  endangered;
  351         2.The family is likely to flee;
  352         3.A child died as a result of abuse, abandonment, or
  353  neglect;
  354         4.A child is a victim of aggravated child abuse as defined
  355  in s. 827.03; or
  356         5.A child is a victim of sexual battery or sexual abuse.
  357  
  358  The law enforcement agency shall review the report and determine
  359  whether a criminal investigation needs to be conducted and shall
  360  assume lead responsibility for all criminal fact-finding
  361  activities. A criminal investigation shall be coordinated,
  362  whenever possible, with the child protective investigation of
  363  the department. Any interested person who has information
  364  regarding an offense described in this paragraph may forward a
  365  statement to the state attorney as to whether prosecution is
  366  warranted and appropriate.
  367         (h)The department shall complete its protective
  368  investigation within 60 days after receiving the initial report,
  369  unless:
  370         1.There is also an active, concurrent criminal
  371  investigation that is continuing beyond the 60-day period and
  372  the closure of the protective investigation may compromise
  373  successful criminal prosecution of the child abuse, abandonment,
  374  or neglect case, in which case the closure date shall coincide
  375  with the closure date of the criminal investigation and any
  376  resulting legal action.
  377         2.In child death cases, the final report of the medical
  378  examiner is necessary for the department to close an
  379  investigation. If the report has not been received within the
  380  60-day period, the closure date shall be extended to accommodate
  381  receipt and consideration of the medical examiner’s report.
  382         3.If a child who is necessary to an investigation has been
  383  declared missing by the department, a law enforcement agency, or
  384  a court, the 60-day period shall be extended until the child has
  385  been located or until sufficient information exists to close the
  386  investigation despite the unknown location of the child.
  387         (i)If a petition for dependency is not being filed by the
  388  department, the person or agency originating the report shall be
  389  advised of the right to file a dependency petition pursuant to
  390  this chapter.
  391         (5)SAFETY ASSESSMENT.—For each report received by the
  392  central abuse hotline alleging child abuse, abandonment, or
  393  neglect, the department or the sheriff providing child
  394  protective investigation services under s. 39.3065, shall, as
  395  part of the child protective investigation, perform a safety
  396  assessment through the use and completion of a standardized
  397  safety assessment instrument to determine if the child is safe,
  398  unsafe, or at risk.
  399         (a)The safety assessment shall be completed as soon as
  400  possible, but no later than 48 hours after initial contact with
  401  the alleged victim. At a minimum, the safety assessment must
  402  include:
  403         1.Face-to-face interviews with the child, parents and
  404  legal custodians, siblings, caregivers, and other adults in the
  405  household.
  406         2.Collateral contacts with individuals likely to have
  407  first-hand knowledge of the family, specifically including the
  408  reporter.
  409         3.A determination of the composition of the family or
  410  household, including the name, address, birth date, social
  411  security number, gender, and race of each child named in the
  412  report, each sibling of each such child, any other child in the
  413  household or in the care of the same caregiver, and any other
  414  adults living in the household.
  415         4.A state and federal records check, including, if
  416  feasible, the records of the Department of Corrections, of the
  417  child's caregivers and any other persons in the same household,
  418  which may be used solely for purposes supporting the detection,
  419  apprehension, prosecution, pretrial release, posttrial release,
  420  or rehabilitation of criminal offenders or persons accused of
  421  the crimes of child abuse, abandonment, or neglect. The
  422  information may not be further disseminated or used for any
  423  other purpose. The department’s child protective investigators
  424  are designated a criminal justice agency for the purpose of
  425  accessing criminal justice information to be used for enforcing
  426  state laws concerning the crimes of child abuse, abandonment,
  427  and neglect.
  428         5.A determination whether there is any indication that any
  429  child in the family or household has been abused, abandoned, or
  430  neglected and, if so, the nature and extent of present or prior
  431  abuse, abandonment, or neglect, and any evidence thereof, and
  432  the name, address, birth date, social security number, gender,
  433  and race of any person apparently responsible for the abuse,
  434  abandonment, or neglect.
  435         6.A determination of whether a differential response is
  436  the most effective strategy for delivering prevention or
  437  intervention services pursuant to part IV of this chapter if it
  438  is determined that there are risk factors that may result in an
  439  unsafe environment without the provision of assistance to the
  440  family.
  441         (b)The safety assessment must be conducted in a manner
  442  that is sensitive to the social, economic, and cultural
  443  environment of the family.
  444         (c)Unless the child protective investigator determines
  445  that the child is safe, in completing the child safety
  446  assessment, the investigator shall request that the child's
  447  parent or legal custodian disclose the names, relationships, and
  448  addresses of all parents, prospective parents, and relatives, so
  449  far as are known.
  450         (d)If the child protective investigator determines that
  451  the child is at risk, the investigator shall refer the parent or
  452  legal custodian and child for family-centered services, which
  453  the parent, legal custodian, or child may voluntarily accept.
  454         (e)If the child protective investigator determines that
  455  the child is unsafe, the department shall immediately initiate
  456  safety interventions that may include one or more of the
  457  following: developing a safety plan, obtaining an injunction,
  458  filing a dependency petition, sheltering the child, filing a
  459  termination-of-parental-rights petition, or any other action
  460  deemed appropriate by the department.
  461         (6)SCHOOL INTERVIEWS.—
  462         (a)In a child protective investigation or a criminal
  463  investigation, if the initial interview with the child is
  464  conducted at school, the department or the law enforcement
  465  agency may, notwithstanding the provisions of s. 39.0132(4),
  466  allow a school staff member who is known by the child to be
  467  present during the initial interview if:
  468         1.The department or law enforcement agency believes that
  469  the school staff member could enhance the success of the
  470  interview by his or her presence; and
  471         2.The child requests or consents to the presence of the
  472  school staff member at the interview.
  473         (b)School staff may be present only as authorized by this
  474  subsection. Information received during the interview or from
  475  any other source regarding the alleged abuse or neglect of the
  476  child is confidential and exempt from the provisions of s.
  477  119.07(1), except as provided by court order.
  478         (c)A separate record of the investigation of the abuse,
  479  abandonment, or neglect may not be maintained by the school or
  480  school staff member.
  481         (d)A violation of this subsection is a misdemeanor of the
  482  second degree, punishable as provided in s. 775.082 or s.
  483  775.083.
  484         (7)TRAINING AND QUALITY ASSURANCE.—
  485         (a)The department's training program must ensure that
  486  child protective investigators know how to fully inform parents
  487  or legal custodians of their rights and options, including
  488  opportunities for audio or video recording of investigators'
  489  interviews with parents or legal custodians or children.
  490         (b)To enhance the skills of individual staff and to
  491  improve the region’s overall child protection system, the
  492  department's training program at the regional level must include
  493  periodic reviews of child protective investigation cases handled
  494  within the region in order to identify weaknesses as well as
  495  examples of effective interventions which occurred at each point
  496  in the case.
  497         (c)The department shall incorporate into its quality
  498  assurance program the monitoring of the outcome or result of
  499  child protective investigations.
  500         Section 7. The Division of Statutory Revision is requested
  501  to rename part IV of chapter 39, Florida Statutes, consisting of
  502  ss. 39.320-39.323, as “Family-Centered Practice.”
  503         Section 8. Sections 39.311, 39.312, 39.313, 39.314, 39.315,
  504  39.316, 39.317, and 39.318, Florida Statutes, are repealed.
  505         Section 9. Section 39.320, Florida Statutes, is created to
  506  read:
  507         39.320Legislative findings and intent.—The Legislature
  508  finds that child welfare services should be delivered in a
  509  manner that engages, involves, strengthens, and supports
  510  families while ensuring every child’s safety, permanency, and
  511  well-being. The Legislature also finds that the department and
  512  its community-based providers need to work in partnership with
  513  children and families in the assessment, planning, coordination,
  514  and service-delivery process. Therefore, the Legislature intends
  515  that the department and its community-based providers provide,
  516  to the extent practicable, family-centered practice if it is
  517  safe for the child and in the best interests of the child to do
  518  so.
  519         Section 10. Section 39.321, Florida Statutes, is created to
  520  read:
  521         39.321Goals of family-centered practice.—The goals of
  522  family-centered practice are to:
  523         (1)Ensure the safety and well-being of children by
  524  protecting them from abuse and neglect.
  525         (2)Reduce the number of children in out-of-home care by
  526  enabling children to safely remain with their families, be
  527  safely reunified with their families, or by finding other
  528  permanency options such as adoptions or safe placements.
  529         (3)Help families engage in and effectively use available
  530  community resources and informal support systems in order to
  531  help resolve the underlying conditions that brought them to the
  532  attention of the child-protection system.
  533         Section 11. Section 39.322, Florida Statutes, is created to
  534  read:
  535         39.322Delivery of family-centered services.—The department
  536  and its community-based care providers shall promote the policy
  537  of family-centered practice in all settings. To achieve that
  538  policy:
  539         (1)The department and its community-based care providers
  540  shall support the goal of having children remain safely in their
  541  homes with their families or ensuring safe permanent placement
  542  with relatives consistent with s. 39.621.
  543         (2)Family-centered practice shall be delivered to children
  544  and their families in accordance with the following principles:
  545         (a)If not contrary to the child’s safety or well-being,
  546  due diligence shall be exercised in maintaining sibling ties and
  547  maintaining or establishing other family connections for
  548  children in out-of-home care or children at risk of entering
  549  out-of-home care.
  550         (b)The child, if of appropriate age and competence, and
  551  their family shall be actively involved as team members in the
  552  case-planning process pursuant to s. 39.6011.
  553         (c)The child, family, and service providers shall
  554  participate as partners and be engaged in assessment, treatment
  555  planning, decisionmaking, and service delivery, if it is safe
  556  for the child to have the family included in the process.
  557         (d)Service delivery may be restricted only if necessary to
  558  ensure the safety of the child or family.
  559         (e)The contact between child welfare professionals or
  560  service providers and the child and family must be of sufficient
  561  frequency and duration to help ensure the child’s safety and to
  562  meet the child and family’s unique needs.
  563         (f)The child and family shall be encouraged to use
  564  services offered and shall be supported in their attempt to do
  565  so. If the child or a family member refuses or fails to
  566  participate in referred services, the reasons for their refusal
  567  or failure shall be assessed. If appropriate and reasonably
  568  possible, the offered services shall be modified or arrangements
  569  for the provision of alternative services coordinated in order
  570  to promote timely acceptance of appropriate services.
  571         (g)Pursuant to s. 39.621, if the family is not making
  572  adequate progress on successfully completing the tasks and
  573  achieving the goals in their case plan, other approaches for the
  574  timely achievement of permanency for the child shall be pursued.
  575         (3)The department shall adopt rules to implement family
  576  centered practice and administer this section.
  577         Section 12. Section 39.323, Florida Statutes, is created to
  578  read:
  579         39.323Funding.—The department may use appropriate state,
  580  federal, and private funds within its budget for delivering
  581  quality, family-centered services.
  582         Section 13. Section 39.504, Florida Statutes, is amended to
  583  read:
  584         39.504 Injunction for the protection of the child pending
  585  disposition of petition; penalty.—
  586         (1) At any time after a protective investigation has been
  587  initiated pursuant to part III of this chapter, the court, upon
  588  petition by the request of the department, a law enforcement
  589  officer, the state attorney, or other responsible person, or
  590  upon its own motion, may, if there is reasonable cause, issue an
  591  injunction pursuant to this section to prevent any act of child
  592  abuse. Reasonable cause for the issuance of an injunction exists
  593  if there is evidence of child abuse or if there is a reasonable
  594  likelihood of such abuse occurring based upon a recent overt act
  595  or failure to act. The petition must be a verified petition or a
  596  petition that has an affidavit setting forth the specific
  597  actions by the respondent from which the child must be protected
  598  and all remedies sought.
  599         (2) Upon the filing of the petition for injunction, the
  600  court shall set a hearing to be held at the earliest possible
  601  time. The respondent shall be personally served before the
  602  hearing with a copy of the petition, all other pleadings related
  603  to the petition, a notice of hearing, and the temporary
  604  injunction, if one was entered. The court may also issue a
  605  temporary ex parte injunction that has verified pleadings or
  606  affidavits as evidence. The temporary ex parte injunction is
  607  effective for up to 15 days, at which time, or sooner if the
  608  respondent has received notice, the full hearing must be held.
  609  After the full hearing, the court may enter a final injunction.
  610  The court may grant a continuance of the hearing at any time for
  611  good cause shown by any party, including a continuance to obtain
  612  service of process. Notice shall be provided to the parties as
  613  set forth in the Florida Rules of Juvenile Procedure, unless the
  614  child is reported to be in imminent danger, in which case the
  615  court may issue an injunction immediately. A judge may issue an
  616  emergency injunction pursuant to this section without notice if
  617  the court is closed for the transaction of judicial business. If
  618  an immediate injunction is issued, the court must hold a hearing
  619  on the next day of judicial business to dissolve the injunction
  620  or to continue or modify it in accordance with this section.
  621         (3) If an injunction is issued under this section, the
  622  primary purpose of the injunction must be to protect and promote
  623  the best interests of the child, taking the preservation of the
  624  child's immediate family into consideration.
  625         (a) The injunction applies shall apply to the alleged or
  626  actual offender in a case of child abuse or acts of domestic
  627  violence. The conditions of the injunction shall be determined
  628  by the court, which conditions may include ordering the alleged
  629  or actual offender to:
  630         1. Refrain from further abuse or acts of domestic violence.
  631         2. Participate in a specialized treatment program.
  632         3. Limit contact or communication with the child victim,
  633  other children in the home, or any other child.
  634         4. Refrain from contacting the child at home, school, work,
  635  or wherever the child may be found.
  636         5. Have limited or supervised visitation with the child.
  637         6.Pay temporary support for the child or other family
  638  members; the costs of medical, psychiatric, and psychological
  639  treatment for the child incurred as a result of the offenses;
  640  and similar costs for other family members.
  641         6.7. Vacate the home in which the child resides.
  642         (b) Upon proper pleading, the court may award the following
  643  relief in the final injunction If the intent of the injunction
  644  is to protect the child from domestic violence, the conditions
  645  may also include:
  646         1. Awarding The exclusive use and possession of the
  647  dwelling to the caregiver, or the exclusion of excluding the
  648  alleged or actual offender from the residence of the caregiver.
  649         2.Temporary support for the child or other family members;
  650  the costs of medical, psychiatric, and psychological treatment
  651  for the child incurred as a result of the offenses; similar
  652  costs for other family members; and any other relief that the
  653  court deems just and appropriate.
  654         3.2.Awarding Temporary custody of the child to the
  655  caregiver.
  656         3.Establishing temporary support for the child.
  657  
  658  This paragraph does not preclude the adult victim of domestic
  659  violence from seeking protection for herself or himself under s.
  660  741.30.
  661         (c) The terms of the injunction shall remain in effect
  662  until modified or dissolved by the court. The petitioner,
  663  respondent, or caregiver may move at any time to modify or
  664  dissolve the injunction. The injunction is valid and enforceable
  665  in all counties in the state.
  666         (4) Service of process on the respondent shall be carried
  667  out pursuant to s. 741.30. The department shall deliver a copy
  668  of any injunction issued pursuant to this section to the
  669  protected party or to a parent, caregiver, or individual acting
  670  in the place of a parent who is not the respondent. Law
  671  enforcement officers may exercise their arrest powers as
  672  provided in s. 901.15(6) to enforce the terms of the injunction.
  673         (5) Any person who fails to comply with an injunction
  674  issued pursuant to this section commits a misdemeanor of the
  675  first degree, punishable as provided in s. 775.082 or s.
  676  775.083.
  677         Section 14. Section 39.823, Florida Statutes, is amended to
  678  read:
  679         39.823 Guardian advocates for drug dependent newborns.—The
  680  Legislature finds that increasing numbers of drug dependent
  681  children are born in this state. Because of the parents'
  682  continued dependence upon drugs, the parents may temporarily
  683  leave their child with a relative or other adult or may have
  684  agreed to voluntary family services under s. 39.301(14). The
  685  relative or other adult may be left with a child who is likely
  686  to require medical treatment but for whom they are unable to
  687  obtain medical treatment. The purpose of this section is to
  688  provide an expeditious method for such relatives or other
  689  responsible adults to obtain a court order that which allows
  690  them to provide consent for medical treatment and otherwise
  691  advocate for the needs of the child and to provide court review
  692  of such authorization.
  693         Section 15. Paragraph (b) of subsection (2) and paragraph
  694  (b) of subsection (5) of section 409.1451, Florida Statutes, are
  695  amended to read:
  696         409.1451 Independent living transition services.—
  697         (2) ELIGIBILITY.—
  698         (b) The department shall serve young adults who have
  699  reached 18 years of age but are not yet 23 years of age and who
  700  were in foster care when they turned 18 years of age or, after
  701  reaching 16 years of age, were adopted from foster care or were
  702  in placed with a court-approved dependency placement guardian
  703  and have spent a minimum of 6 months in foster care within the
  704  12 months immediately preceding such placement or adoption, by
  705  providing services pursuant to subsection (5). Young adults to
  706  be served must meet the eligibility requirements set forth for
  707  specific services in this section.
  708         (5) SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER CARE.
  709  Based on the availability of funds, the department shall provide
  710  or arrange for the following services to young adults formerly
  711  in foster care who meet the prescribed conditions and are
  712  determined eligible by the department. The department, or a
  713  community-based care lead agency when the agency is under
  714  contract with the department to provide the services described
  715  under this subsection, shall develop a plan to implement those
  716  services. A plan shall be developed for each community-based
  717  care service area in the state. Each plan that is developed by a
  718  community-based care lead agency shall be submitted to the
  719  department. Each plan shall include the number of young adults
  720  to be served each month of the fiscal year and specify the
  721  number of young adults who will reach 18 years of age who will
  722  be eligible for the plan and the number of young adults who will
  723  reach 23 years of age and will be ineligible for the plan or who
  724  are otherwise ineligible during each month of the fiscal year;
  725  staffing requirements and all related costs to administer the
  726  services and program; expenditures to or on behalf of the
  727  eligible recipients; costs of services provided to young adults
  728  through an approved plan for housing, transportation, and
  729  employment; reconciliation of these expenses and any additional
  730  related costs with the funds allocated for these services; and
  731  an explanation of and a plan to resolve any shortages or
  732  surpluses in order to end the fiscal year with a balanced
  733  budget. The categories of services available to assist a young
  734  adult formerly in foster care to achieve independence are:
  735         (b) Road-to-Independence Program.—
  736         1. The Road-to-Independence Program is intended to help
  737  eligible students who are former foster children in this state
  738  to receive the educational and vocational training needed to
  739  achieve independence. The amount of the award shall be based on
  740  the living and educational needs of the young adult and may be
  741  up to, but may not exceed, the amount of earnings that the
  742  student would have been eligible to earn working a 40-hour-a
  743  week federal minimum wage job.
  744         2. A young adult who has earned a standard high school
  745  diploma or its equivalent as described in s. 1003.43 or s.
  746  1003.435, has earned a special diploma or special certificate of
  747  completion as described in s. 1003.438, or has reached 18 years
  748  of age but is not yet 21 years of age is eligible for the
  749  initial award, and a young adult under 23 years of age is
  750  eligible for renewal awards, if he or she:
  751         a. Was a dependent child, under chapter 39, and was living
  752  in licensed foster care or in subsidized independent living at
  753  the time of his or her 18th birthday or is currently living in
  754  licensed foster care or subsidized independent living, or, after
  755  reaching the age of 16, was adopted from foster care or was in
  756  placed with a court-approved dependency placement guardian and
  757  has spent a minimum of 6 months in foster care immediately
  758  preceding such placement or adoption;
  759         b. Spent at least 6 months living in foster care before
  760  reaching his or her 18th birthday;
  761         c. Is a resident of this state as defined in s. 1009.40;
  762  and
  763         d. Meets one of the following qualifications:
  764         (I) Has earned a standard high school diploma or its
  765  equivalent as described in s. 1003.43 or s. 1003.435, or has
  766  earned a special diploma or special certificate of completion as
  767  described in s. 1003.438, and has been admitted for full-time
  768  enrollment in an eligible postsecondary education institution as
  769  defined in s. 1009.533.;
  770         (II) Is enrolled full time in an accredited high school.;
  771  or
  772         (III) Is enrolled full time in an accredited adult
  773  education program designed to provide the student with a high
  774  school diploma or its equivalent.
  775         3. A young adult applying for the Road-to-Independence
  776  Program must apply for any other grants and scholarships for
  777  which he or she may qualify. The department shall assist the
  778  young adult in the application process and may use the federal
  779  financial aid grant process to determine the funding needs of
  780  the young adult.
  781         4. An award shall be available to a young adult who is
  782  considered a full-time student or its equivalent by the
  783  educational institution in which he or she is enrolled, unless
  784  that young adult has a recognized disability preventing full
  785  time attendance. The amount of the award, whether it is being
  786  used by a young adult working toward completion of a high school
  787  diploma or its equivalent or working toward completion of a
  788  postsecondary education program, shall be determined based on an
  789  assessment of the funding needs of the young adult. This
  790  assessment must consider the young adult's living and
  791  educational costs and other grants, scholarships, waivers,
  792  earnings, and other income to be received by the young adult. An
  793  award is shall be available only to the extent that other grants
  794  and scholarships are not sufficient to meet the living and
  795  educational needs of the young adult, but an award may not be
  796  less than $25 in order to maintain Medicaid eligibility for the
  797  young adult as provided in s. 409.903.
  798         5. The amount of the award may be disregarded for purposes
  799  of determining the eligibility for, or the amount of, any other
  800  federal or federally supported assistance.
  801         6.a. The department must advertise the criteria,
  802  application procedures, and availability of the program to:
  803         (I) Children and young adults in, leaving, or formerly in
  804  foster care.
  805         (II) Case managers.
  806         (III) Guidance and family services counselors.
  807         (IV) Principals or other relevant school administrators.
  808         (V) Guardians ad litem.
  809         (VI) Foster parents.
  810         b. The department shall issue awards from the program for
  811  each young adult who meets all the requirements of the program
  812  to the extent funding is available.
  813         c. An award shall be issued at the time the eligible
  814  student reaches 18 years of age.
  815         d. A young adult who is eligible for the Road-to
  816  Independence Program, transitional support services, or
  817  aftercare services and who so desires may shall be allowed to
  818  reside with the licensed foster family or group care provider
  819  with whom he or she was residing at the time of attaining his or
  820  her 18th birthday or to reside in another licensed foster home
  821  or with a group care provider arranged by the department.
  822         e. If the award recipient transfers from one eligible
  823  institution to another and continues to meet eligibility
  824  requirements, the award must be transferred with the recipient.
  825         f. Funds awarded to any eligible young adult under this
  826  program are in addition to any other services or funds provided
  827  to the young adult by the department through transitional
  828  support services or aftercare services.
  829         g. The department shall provide information concerning
  830  young adults receiving funding through the Road-to-Independence
  831  Program to the Department of Education for inclusion in the
  832  student financial assistance database, as provided in s.
  833  1009.94.
  834         h. Funds are intended to help eligible young adults who are
  835  former foster children in this state to receive the educational
  836  and vocational training needed to become independent and self
  837  supporting. The funds shall be terminated when the young adult
  838  has attained one of four postsecondary goals under subsection
  839  (3) or reaches 23 years of age, whichever occurs first earlier.
  840  In order to initiate postsecondary education, to allow for a
  841  change in career goal, or to obtain additional skills in the
  842  same educational or vocational area, a young adult may earn no
  843  more than two diplomas, certificates, or credentials. A young
  844  adult attaining an associate of arts or associate of science
  845  degree may shall be permitted to work toward completion of a
  846  bachelor of arts or a bachelor of science degree or an
  847  equivalent undergraduate degree. Road-to-Independence Program
  848  funds may not be used for education or training after a young
  849  adult has attained a bachelor of arts or a bachelor of science
  850  degree or an equivalent undergraduate degree.
  851         i. The department shall evaluate and renew each award
  852  annually during the 90-day period before the young adult's
  853  birthday. In order To be eligible for a renewal award for the
  854  subsequent year, the young adult must:
  855         (I) Complete the number of hours, or the equivalent
  856  considered full time by the educational institution, unless the
  857  that young adult has a recognized disability preventing full
  858  time attendance, in the last academic year in which the young
  859  adult earned an award, except for a young adult who meets the
  860  requirements of s. 1009.41.
  861         (II) Maintain appropriate progress as required by the
  862  educational institution, except that, if the young adult's
  863  progress is insufficient to renew the award at any time during
  864  the eligibility period, the young adult may restore eligibility
  865  by improving his or her progress to the required level.
  866         j. Funds may be terminated during the interim between an
  867  award and the evaluation for a renewal award if the department
  868  determines that the award recipient is no longer enrolled in an
  869  educational institution as defined in sub-subparagraph 2.d., or
  870  is no longer a state resident. The department shall notify a
  871  recipient who is terminated and inform the recipient of his or
  872  her right to appeal.
  873         k. An award recipient who does not qualify for a renewal
  874  award or who chooses not to renew the award may subsequently
  875  apply for reinstatement. An application for reinstatement must
  876  be made before the young adult reaches 23 years of age, and a
  877  student may not apply for reinstatement more than once. In order
  878  to be eligible for reinstatement, the young adult must
  879  demonstrate that he or she has again been accepted to, or is
  880  enrolled in, an eligible educational institution meet the
  881  eligibility criteria and the criteria for award renewal for the
  882  program.
  883         Section 16. Present subsections (10) and (11) of section
  884  409.1671, Florida Statutes, are redesignated as subsections (14)
  885  and (15), respectively, and new subsections (10), (11), (12),
  886  and (13) are added to that section, to read:
  887         409.1671 Foster care and related services; outsourcing.—
  888         (10)The department shall ensure that contracts entered
  889  into with community-based agencies pursuant to this section are
  890  funded by a grant of general revenue and by applicable federal
  891  funding sources. The community-based agencies shall document
  892  federal earnings, and earnings that are not documented must be
  893  returned to the department. Notwithstanding subsection (8), the
  894  community-based agencies’ annual contract amounts may be
  895  increased by excess federal earnings in accordance with s.
  896  216.181(11).
  897         (11)The department may contract for the programmatic,
  898  administrative, or fiscal oversight of community-based agencies.
  899  Notwithstanding any other provision of law, the following
  900  community-based agency expenditures are permissible:
  901         (a)Staff cellular telephone allowances.
  902         (b)Contracts requiring deferred payments and maintenance
  903  agreements.
  904         (c)Security deposits for office leases.
  905         (d)Related professional membership dues and professional
  906  state license fees.
  907         (e)Food and refreshments.
  908         (f)Promotional materials.
  909         (g)Costs associated with fundraising personnel who are
  910  employed by or under contract with a community-based agency.
  911         (12)The department shall enter into fixed-price contracts
  912  with community-based agencies which have a 2-month advance
  913  payment at the beginning of the fiscal year followed by equal
  914  monthly payments.
  915         (13)Notwithstanding s. 216.181(16)(b), community-based
  916  agencies may retain any interest earned on advances and expend
  917  such earnings on allowable child welfare and related services.
  918  The department shall develop reporting requirements that require
  919  the community-based agency to annually document their interest
  920  earnings and associated expenditures.
  921         Section 17. This act shall take effect July 1, 2009.