Florida Senate - 2010 CS for CS for SB 724
By the Committees on Governmental Oversight and Accountability;
and Children, Families, and Elder Affairs; and Senator Storms
585-04379-10 2010724c2
1
2 A bill to be entitled
3 An act relating to a review of the Department of
4 Children and Family Services under the Florida
5 Government Accountability Act; reenacting and amending
6 s. 20.19, F.S., relating to the establishment of the
7 department; changing the name of the Department of
8 Children and Family Services to the Department of
9 Children and Families; revising provisions relating to
10 the establishment and structure of, and services
11 provided by, the department; providing for operating
12 units called circuits that conform to the geographic
13 boundaries of judicial circuits; providing for the
14 establishment of and requirements for membership and
15 participation in community alliances and community
16 partnerships; amending s. 20.04, F.S.; authorizing the
17 department to establish circuits or regions headed by
18 circuit administrators or region directors and
19 deleting a requirement for statutory enactment for
20 additional divisions or offices in the department;
21 amending s. 20.43, F.S.; revising provisions relating
22 to service area boundaries; amending s. 394.47865,
23 F.S.; deleting provisions relating to distribution of
24 privatization savings to specified service districts
25 to conform to changes made by the act; amending s.
26 394.655, F.S.; extending the expiration date of the
27 Substance Abuse and Mental Health Corporation;
28 amending s. 394.78, F.S.; deleting an obsolete
29 provision relating to dispute resolution; amending s.
30 394.9135, F.S.; requiring the transfer of certain
31 sexually violent offenders to the custody of the
32 United States Immigration and Customs Enforcement;
33 requiring that the department put into place a
34 memorandum of understanding for retaining custody of
35 such an offender under certain circumstances; amending
36 s. 402.313, F.S.; revising licensure requirements for
37 family day care homes; amending s. 402.315, F.S.;
38 requiring the county, rather than the department, to
39 bear the costs of licensing family day care homes,
40 under certain circumstances; amending s. 402.40, F.S.;
41 defining the terms “child welfare certification” and
42 “core competency”; requiring that professionals
43 providing child welfare services demonstrate core
44 competency; requiring that the department recognize
45 certain certifications; requiring that certain persons
46 hold active certification; amending s. 409.1671, F.S.;
47 revising provisions relating to lead agencies;
48 requiring the department to annually evaluate each
49 agency; conforming provision to changes made by the
50 act; amending s. 409.1755, F.S.; decreasing the
51 membership of the One Church, One Child of Florida
52 Corporation, to conform to changes made by the act;
53 amending s. 420.621, F.S.; revising the definition of
54 the term “district” to conform to changes made by the
55 act; amending s. 420.622, F.S.; deleting a requirement
56 for the Governor to appoint the executive director of
57 the State Office of Homelessness; conforming a
58 provision; amending ss. 20.195, 39.01, 39.0121,
59 39.301, 39.302, 39.303, 39.806, 39.828, 49.011,
60 381.0072, 394.493, 394.4985, 394.67, 394.73, 394.74,
61 394.75, 394.76, 394.82, 394.9084, 397.821, 402.49,
62 409.152, 409.1685, 410.0245, 410.603, 410.604,
63 411.224, 414.24, 415.1113, 420.623, 420.625, 429.35,
64 and 1002.67, F.S.; revising provisions to conform to
65 changes made by the act; correcting cross-references;
66 repealing ss. 39.311, 39.312, 39.313, 39.314, 39.315,
67 39.316, 39.317, and 39.318, F.S., relating to the
68 Family Builders Program; repealing s. 394.9083, F.S.,
69 relating to the Behavioral Health Services Integration
70 Workgroup; repealing s. 402.35, F.S., which provides
71 for department employees to be governed by Department
72 of Management Services rules; directing the Division
73 of Statutory Revision to prepare a reviser’s bill;
74 requiring the Agency for Persons with Disabilities to
75 prepare a plan to perform its own administrative and
76 operational functions separate from the department;
77 directing the department to define legal services
78 associated with dependency proceeding and modify lead
79 agency funding; directing the department to establish
80 a procedure for assisting certain undocumented aliens
81 in returning to their country of origin; directing the
82 department to institute a program for identifying
83 undocumented aliens in mental health institutions who
84 may be appropriate candidates for removal; providing
85 an effective date.
86
87 Be It Enacted by the Legislature of the State of Florida:
88
89 Section 1. Section 20.19, Florida Statutes, is reenacted
90 and amended to read:
91 (Substantial rewording of section. See
92 s. 20.19, F.S., for present text.)
93 20.19 Department of Children and Families.—There is created
94 a Department of Children and Families.
95 (1) MISSION AND PLAN.—
96 (a) The mission of the Department of Children and Families
97 is to work in partnership with local communities to ensure the
98 safety, well-being, and self-sufficiency of the people served.
99 (b) The department shall develop a strategic plan for
100 fulfilling its mission and establish a set of measurable goals,
101 objectives, performance standards, and quality assurance
102 requirements to ensure that the department is accountable to the
103 people of Florida.
104 (c) To the extent allowed by law and within specific
105 appropriations, the department shall deliver services by
106 contract through private providers.
107 (2) SECRETARY OF CHILDREN AND FAMILIES.—
108 (a) The head of the department is the Secretary of Children
109 and Families. The Governor shall appoint the secretary, who is
110 subject to confirmation by the Senate. The secretary serves at
111 the pleasure of the Governor.
112 (b) The secretary is responsible for planning,
113 coordinating, and managing the delivery of all services that are
114 the responsibility of the department.
115 (c) The secretary shall appoint a deputy secretary who
116 shall act in the absence of the secretary. The deputy secretary
117 is directly responsible to the secretary, performs such duties
118 as are assigned by the secretary, and serves at the pleasure of
119 the secretary.
120 (d) The secretary shall appoint an Assistant Secretary for
121 Substance Abuse and Mental Health and may establish assistant
122 secretary positions as necessary to administer the requirements
123 of this section. All persons appointed to such positions shall
124 serve at the pleasure of the secretary. The department shall
125 integrate substance abuse and mental health programs into the
126 overall structure and priorities of the department.
127 (3) SERVICES PROVIDED.—
128 (a) The department shall establish the following program
129 offices, each of which shall be headed by a program director who
130 shall be appointed by and serve at the pleasure of the
131 secretary:
132 1. Adult protection.
133 2. Child care licensure.
134 3. Domestic violence.
135 4. Economic self-sufficiency.
136 5. Family safety.
137 6. Mental health.
138 7. Refugee services.
139 8. Substance abuse.
140 9. Homelessness.
141 (b) The secretary may appoint additional directors as
142 necessary for the effective management of the program services
143 provided by the department.
144 (4) OPERATING UNITS.—
145 (a) The department shall plan and administer its program
146 services through operating units called “circuits” that conform
147 to the geographic boundaries of the judicial circuits
148 established in s. 26.021. The department may also establish one
149 or more regions consisting of one or more circuits. A region
150 shall provide administrative, management, and infrastructure
151 support to the circuits operating within the region. The region
152 shall consolidate support functions to provide the most
153 efficient use of resources to support the circuits operating
154 within the region.
155 (b) The secretary may appoint a circuit administrator for
156 each circuit and a region director for each region who shall
157 serve at the pleasure of the secretary and shall perform such
158 duties as are assigned by the secretary.
159 (5) COMMUNITY ALLIANCES AND PARTNERSHIPS; ADVISORY GROUPS.
160 The department may, or at the request of a county government
161 shall, establish in each circuit one or more community alliances
162 or community partnerships. The purpose of a community alliance
163 or community partnership is to provide a focal point for
164 community participation and the governance of community-based
165 services. The membership of a community alliance or community
166 partnership shall represent the diversity of a community and
167 consist of stakeholders, community leaders, client
168 representatives, and entities that fund human services. The
169 secretary may also establish advisory groups at the state level
170 as necessary to ensure and enhance communication and provide
171 liaison with stakeholders, community leaders, and client
172 representatives.
173 (a) The duties of a community alliance or community
174 partnership may include, but are not limited to:
175 1. Participating in joint planning for the effective use of
176 resources in the community, including resources appropriated to
177 the department, and any funds that local funding sources choose
178 to provide.
179 2. Performing a needs assessment and establishing community
180 priorities for service delivery.
181 3. Determining community outcome goals to supplement state
182 required outcomes.
183 4. Serving as a catalyst for community resource
184 development.
185 5. Providing for community education and advocacy on issues
186 related to service delivery.
187 6. Promoting prevention and early intervention services.
188 (b) If one or more community alliances or community
189 partnerships are established in a circuit, the department shall
190 ensure, to the greatest extent possible, that the formation of
191 each alliance or partnership builds on the strengths of the
192 existing community human services infrastructure.
193 (c) Members of community alliances, community partnerships,
194 and advisory groups shall serve without compensation, but are
195 entitled to reimbursement for per diem and travel expenses in
196 accordance with s. 112.061. The department may also authorize
197 payment for preapproved child care expenses or lost wages for
198 members who are consumers of services provided by the
199 department.
200 (d) Members of community alliances, community partnerships,
201 and advisory groups are subject to part III of chapter 112, the
202 Code of Ethics for Public Officers and Employees.
203 (e) Actions taken by community alliances, community
204 partnerships, and advisory groups must be consistent with
205 department policy and state and federal laws, rules, and
206 regulations.
207 (f) Each member of a community alliance, community
208 partnership, or advisory group must submit annually to the
209 inspector general of the department a disclosure statement of
210 any interest in services provided by the department. Any member
211 who has an interest in a matter under consideration by the
212 community alliance, community partnership, or advisory group
213 must abstain from voting on that matter.
214 (g) All meetings of community alliances, community
215 partnerships, and advisory groups are open to the public
216 pursuant to s. 286.011 and are subject to the public-records
217 provisions of s. 119.07(1).
218 (6) CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.—It is
219 the intent of the Legislature that when county governments are
220 required by law to participate in the funding of programs
221 serviced by the department, the department shall consult with
222 designated representatives of county governments in developing
223 policies and service delivery plans for those programs.
224 Section 2. Subsection (4) and paragraph (b) of subsection
225 (7) of section 20.04, Florida Statutes, are amended to read:
226 20.04 Structure of executive branch.—The executive branch
227 of state government is structured as follows:
228 (4) Within the Department of Children and Families Family
229 Services there are organizational units called “program
230 offices,” headed by program directors, and operating units
231 called “circuits,” headed by circuit administrators. In
232 addition, there may be “regions,” headed by region directors.
233 (7)
234 (b) Within the limitations of this subsection, the head of
235 the department may recommend the establishment of additional
236 divisions, bureaus, sections, and subsections of the department
237 to promote efficient and effective operation of the department.
238 However, additional divisions, or offices in the Department of
239 Children and Family Services, the Department of Corrections, and
240 the Department of Transportation, may be established only by
241 specific statutory enactment. New bureaus, sections, and
242 subsections of departments may be initiated by a department and
243 established as recommended by the Department of Management
244 Services and approved by the Executive Office of the Governor,
245 or may be established by specific statutory enactment.
246 Section 3. Paragraph (a) of subsection (4) of section
247 20.195, Florida Statutes, is amended to read:
248 20.195 Department of Children and Family Services; trust
249 funds.—The following trust funds shall be administered by the
250 Department of Children and Family Services:
251 (4) Domestic Violence Trust Fund.
252 (a) Funds to be credited to and uses of the trust fund
253 shall be administered in accordance with the provisions of s.
254 28.101, part XII XIII of chapter 39, and chapter 741.
255 Section 4. Subsection (5) of section 20.43, Florida
256 Statutes, is amended to read:
257 20.43 Department of Health.—There is created a Department
258 of Health.
259 (5) The department shall plan and administer its public
260 health programs through its county health departments and may,
261 for administrative purposes and efficient service delivery,
262 establish up to 15 service areas to carry out such duties as may
263 be prescribed by the State Surgeon General. The boundaries of
264 the service areas shall be the same as, or combinations of, the
265 service districts of the Department of Children and Family
266 Services established in s. 20.19 and, to the extent practicable,
267 shall take into consideration the boundaries of the jobs and
268 education regional boards.
269 Section 5. Subsections (18) through (76) of section 39.01,
270 Florida Statutes, are renumbered as subsections (19) through
271 (75), respectively, subsection (10) is amended, present
272 subsection (26) is repealed, and present subsection (27) of that
273 section is renumbered as subsection (18) and amended, to read:
274 39.01 Definitions.—When used in this chapter, unless the
275 context otherwise requires:
276 (10) “Caregiver” means the parent, legal custodian,
277 permanent guardian, adult household member, or other person
278 responsible for a child’s welfare as defined in subsection (46)
279 (47).
280 (26) “District” means any one of the 15 service districts
281 of the department established pursuant to s. 20.19.
282 (18)(27) “Circuit District administrator” means the chief
283 operating officer of each circuit service district of the
284 department as defined in s. 20.19(5) and, where appropriate,
285 includes any district administrator whose service district falls
286 within the boundaries of a judicial circuit.
287 Section 6. Subsection (10) of section 39.0121, Florida
288 Statutes, is amended to read:
289 39.0121 Specific rulemaking authority.—Pursuant to the
290 requirements of s. 120.536, the department is specifically
291 authorized to adopt, amend, and repeal administrative rules
292 which implement or interpret law or policy, or describe the
293 procedure and practice requirements necessary to implement this
294 chapter, including, but not limited to, the following:
295 (10) The Family Builders Program, the Intensive Crisis
296 Counseling Program, and any other early intervention programs
297 and kinship care assistance programs.
298 Section 7. Paragraph (a) of subsection (15) of section
299 39.301, Florida Statutes, is amended to read:
300 39.301 Initiation of protective investigations.—
301 (15)(a) If the department or its agent determines that a
302 child requires immediate or long-term protection through:
303 1. Medical or other health care; or
304 2. Homemaker care, day care, protective supervision, or
305 other services to stabilize the home environment, including
306 intensive family preservation services through the Family
307 Builders Program or the Intensive Crisis Counseling Program, or
308 both,
309
310 such services shall first be offered for voluntary acceptance
311 unless there are high-risk factors that may impact the ability
312 of the parents or legal custodians to exercise judgment. Such
313 factors may include the parents’ or legal custodians’ young age
314 or history of substance abuse or domestic violence.
315 Section 8. Subsection (1) of section 39.302, Florida
316 Statutes, is amended to read:
317 39.302 Protective investigations of institutional child
318 abuse, abandonment, or neglect.—
319 (1) The department shall conduct a child protective
320 investigation of each report of institutional child abuse,
321 abandonment, or neglect. Upon receipt of a report that alleges
322 that an employee or agent of the department, or any other entity
323 or person covered by s. 39.01(32)(33) or (46)(47), acting in an
324 official capacity, has committed an act of child abuse,
325 abandonment, or neglect, the department shall initiate a child
326 protective investigation within the timeframe established under
327 s. 39.201(5) and orally notify the appropriate state attorney,
328 law enforcement agency, and licensing agency, which shall
329 immediately conduct a joint investigation, unless independent
330 investigations are more feasible. When conducting investigations
331 onsite or having face-to-face interviews with the child,
332 investigation visits shall be unannounced unless it is
333 determined by the department or its agent that unannounced
334 visits threaten the safety of the child. If a facility is exempt
335 from licensing, the department shall inform the owner or
336 operator of the facility of the report. Each agency conducting a
337 joint investigation is entitled to full access to the
338 information gathered by the department in the course of the
339 investigation. A protective investigation must include an onsite
340 visit of the child’s place of residence. The department shall
341 make a full written report to the state attorney within 3
342 working days after making the oral report. A criminal
343 investigation shall be coordinated, whenever possible, with the
344 child protective investigation of the department. Any interested
345 person who has information regarding the offenses described in
346 this subsection may forward a statement to the state attorney as
347 to whether prosecution is warranted and appropriate. Within 15
348 days after the completion of the investigation, the state
349 attorney shall report the findings to the department and shall
350 include in the report a determination of whether or not
351 prosecution is justified and appropriate in view of the
352 circumstances of the specific case.
353 Section 9. Section 39.303, Florida Statutes, is amended to
354 read:
355 39.303 Child protection teams; services; eligible cases.
356 The Children’s Medical Services Program in the Department of
357 Health shall develop, maintain, and coordinate the services of
358 one or more multidisciplinary child protection teams in each of
359 the circuits service districts of the Department of Children and
360 Families Family Services. Such teams may be composed of
361 appropriate representatives of school districts and appropriate
362 health, mental health, social service, legal service, and law
363 enforcement agencies. The Legislature finds that optimal
364 coordination of child protection teams and sexual abuse
365 treatment programs requires collaboration between the Department
366 of Health and the Department of Children and Families Family
367 Services. The two departments shall maintain an interagency
368 agreement that establishes protocols for oversight and
369 operations of child protection teams and sexual abuse treatment
370 programs. The State Surgeon General and the Deputy Secretary for
371 Children’s Medical Services, in consultation with the Secretary
372 of Children and Families Family Services, shall maintain the
373 responsibility for the screening, employment, and, if necessary,
374 the termination of child protection team medical directors, at
375 headquarters and in the circuits 15 districts. Child protection
376 team medical directors shall be responsible for oversight of the
377 teams in the circuits districts.
378 (1) The Department of Health shall utilize and convene the
379 teams to supplement the assessment and protective supervision
380 activities of the family safety and preservation program of the
381 Department of Children and Families Family Services. Nothing in
382 this section shall be construed to remove or reduce the duty and
383 responsibility of any person to report pursuant to this chapter
384 all suspected or actual cases of child abuse, abandonment, or
385 neglect or sexual abuse of a child. The role of the teams shall
386 be to support activities of the program and to provide services
387 deemed by the teams to be necessary and appropriate to abused,
388 abandoned, and neglected children upon referral. The specialized
389 diagnostic assessment, evaluation, coordination, consultation,
390 and other supportive services that a child protection team shall
391 be capable of providing include, but are not limited to, the
392 following:
393 (a) Medical diagnosis and evaluation services, including
394 provision or interpretation of X rays and laboratory tests, and
395 related services, as needed, and documentation of findings
396 relative thereto.
397 (b) Telephone consultation services in emergencies and in
398 other situations.
399 (c) Medical evaluation related to abuse, abandonment, or
400 neglect, as defined by policy or rule of the Department of
401 Health.
402 (d) Such psychological and psychiatric diagnosis and
403 evaluation services for the child or the child’s parent or
404 parents, legal custodian or custodians, or other caregivers, or
405 any other individual involved in a child abuse, abandonment, or
406 neglect case, as the team may determine to be needed.
407 (e) Expert medical, psychological, and related professional
408 testimony in court cases.
409 (f) Case staffings to develop treatment plans for children
410 whose cases have been referred to the team. A child protection
411 team may provide consultation with respect to a child who is
412 alleged or is shown to be abused, abandoned, or neglected, which
413 consultation shall be provided at the request of a
414 representative of the family safety and preservation program or
415 at the request of any other professional involved with a child
416 or the child’s parent or parents, legal custodian or custodians,
417 or other caregivers. In every such child protection team case
418 staffing, consultation, or staff activity involving a child, a
419 family safety and preservation program representative shall
420 attend and participate.
421 (g) Case service coordination and assistance, including the
422 location of services available from other public and private
423 agencies in the community.
424 (h) Such training services for program and other employees
425 of the Department of Children and Families Family Services,
426 employees of the Department of Health, and other medical
427 professionals as is deemed appropriate to enable them to develop
428 and maintain their professional skills and abilities in handling
429 child abuse, abandonment, and neglect cases.
430 (i) Educational and community awareness campaigns on child
431 abuse, abandonment, and neglect in an effort to enable citizens
432 more successfully to prevent, identify, and treat child abuse,
433 abandonment, and neglect in the community.
434 (j) Child protection team assessments that include, as
435 appropriate, medical evaluations, medical consultations, family
436 psychosocial interviews, specialized clinical interviews, or
437 forensic interviews.
438
439 All medical personnel participating on a child protection team
440 must successfully complete the required child protection team
441 training curriculum as set forth in protocols determined by the
442 Deputy Secretary for Children’s Medical Services and the
443 Statewide Medical Director for Child Protection.
444 (2) The child abuse, abandonment, and neglect reports that
445 must be referred by the department to child protection teams of
446 the Department of Health for an assessment and other appropriate
447 available support services as set forth in subsection (1) must
448 include cases involving:
449 (a) Injuries to the head, bruises to the neck or head,
450 burns, or fractures in a child of any age.
451 (b) Bruises anywhere on a child 5 years of age or under.
452 (c) Any report alleging sexual abuse of a child.
453 (d) Any sexually transmitted disease in a prepubescent
454 child.
455 (e) Reported malnutrition of a child and failure of a child
456 to thrive.
457 (f) Reported medical neglect of a child.
458 (g) Any family in which one or more children have been
459 pronounced dead on arrival at a hospital or other health care
460 facility, or have been injured and later died, as a result of
461 suspected abuse, abandonment, or neglect, when any sibling or
462 other child remains in the home.
463 (h) Symptoms of serious emotional problems in a child when
464 emotional or other abuse, abandonment, or neglect is suspected.
465 (3) All abuse and neglect cases transmitted for
466 investigation to a circuit district by the hotline must be
467 simultaneously transmitted to the Department of Health child
468 protection team for review. For the purpose of determining
469 whether face-to-face medical evaluation by a child protection
470 team is necessary, all cases transmitted to the child protection
471 team which meet the criteria in subsection (2) must be timely
472 reviewed by:
473 (a) A physician licensed under chapter 458 or chapter 459
474 who holds board certification in pediatrics and is a member of a
475 child protection team;
476 (b) A physician licensed under chapter 458 or chapter 459
477 who holds board certification in a specialty other than
478 pediatrics, who may complete the review only when working under
479 the direction of a physician licensed under chapter 458 or
480 chapter 459 who holds board certification in pediatrics and is a
481 member of a child protection team;
482 (c) An advanced registered nurse practitioner licensed
483 under chapter 464 who has a specialty speciality in pediatrics
484 or family medicine and is a member of a child protection team;
485 (d) A physician assistant licensed under chapter 458 or
486 chapter 459, who may complete the review only when working under
487 the supervision of a physician licensed under chapter 458 or
488 chapter 459 who holds board certification in pediatrics and is a
489 member of a child protection team; or
490 (e) A registered nurse licensed under chapter 464, who may
491 complete the review only when working under the direct
492 supervision of a physician licensed under chapter 458 or chapter
493 459 who holds certification in pediatrics and is a member of a
494 child protection team.
495 (4) A face-to-face medical evaluation by a child protection
496 team is not necessary when:
497 (a) The child was examined for the alleged abuse or neglect
498 by a physician who is not a member of the child protection team,
499 and a consultation between the child protection team board
500 certified pediatrician, advanced registered nurse practitioner,
501 physician assistant working under the supervision of a child
502 protection team board-certified pediatrician, or registered
503 nurse working under the direct supervision of a child protection
504 team board-certified pediatrician, and the examining physician
505 concludes that a further medical evaluation is unnecessary;
506 (b) The child protective investigator, with supervisory
507 approval, has determined, after conducting a child safety
508 assessment, that there are no indications of injuries as
509 described in paragraphs (2)(a)-(h) as reported; or
510 (c) The child protection team board-certified pediatrician,
511 as authorized in subsection (3), determines that a medical
512 evaluation is not required.
513
514 Notwithstanding paragraphs (a), (b), and (c), a child protection
515 team pediatrician, as authorized in subsection (3), may
516 determine that a face-to-face medical evaluation is necessary.
517 (5) In all instances in which a child protection team is
518 providing certain services to abused, abandoned, or neglected
519 children, other offices and units of the Department of Health,
520 and offices and units of the Department of Children and Families
521 Family Services, shall avoid duplicating the provision of those
522 services.
523 (6) The Department of Health child protection team quality
524 assurance program and the Department of Children and Families’
525 Family Services’ Family Safety Program Office quality assurance
526 program shall collaborate to ensure referrals and responses to
527 child abuse, abandonment, and neglect reports are appropriate.
528 Each quality assurance program shall include a review of records
529 in which there are no findings of abuse, abandonment, or
530 neglect, and the findings of these reviews shall be included in
531 each department’s quality assurance reports.
532 Section 10. Paragraph (k) of subsection (1) of section
533 39.806, Florida Statutes, is amended to read:
534 39.806 Grounds for termination of parental rights.—
535 (1) Grounds for the termination of parental rights may be
536 established under any of the following circumstances:
537 (k) A test administered at birth that indicated that the
538 child’s blood, urine, or meconium contained any amount of
539 alcohol or a controlled substance or metabolites of such
540 substances, the presence of which was not the result of medical
541 treatment administered to the mother or the newborn infant, and
542 the biological mother of the child is the biological mother of
543 at least one other child who was adjudicated dependent after a
544 finding of harm to the child’s health or welfare due to exposure
545 to a controlled substance or alcohol as defined in s.
546 39.01(31)(32)(g), after which the biological mother had the
547 opportunity to participate in substance abuse treatment.
548 Section 11. Paragraph (a) of subsection (1) of section
549 39.828, Florida Statutes, is amended to read:
550 39.828 Grounds for appointment of a guardian advocate.—
551 (1) The court shall appoint the person named in the
552 petition as a guardian advocate with all the powers and duties
553 specified in s. 39.829 for an initial term of 1 year upon a
554 finding that:
555 (a) The child named in the petition is or was a drug
556 dependent newborn as described in s. 39.01(31)(32)(g);
557 (b) The parent or parents of the child have voluntarily
558 relinquished temporary custody of the child to a relative or
559 other responsible adult;
560 (c) The person named in the petition to be appointed the
561 guardian advocate is capable of carrying out the duties as
562 provided in s. 39.829; and
563 (d) A petition to adjudicate the child dependent under this
564 chapter has not been filed.
565 Section 12. Subsection (13) of section 49.011, Florida
566 Statutes, is amended to read:
567 49.011 Service of process by publication; cases in which
568 allowed.—Service of process by publication may be made in any
569 court on any party identified in s. 49.021 in any action or
570 proceeding:
571 (13) For termination of parental rights pursuant to part
572 VIII IX of chapter 39 or chapter 63.
573 Section 13. Paragraph (a) of subsection (3) of section
574 381.0072, Florida Statutes, is amended to read:
575 381.0072 Food service protection.—It shall be the duty of
576 the Department of Health to adopt and enforce sanitation rules
577 consistent with law to ensure the protection of the public from
578 food-borne illness. These rules shall provide the standards and
579 requirements for the storage, preparation, serving, or display
580 of food in food service establishments as defined in this
581 section and which are not permitted or licensed under chapter
582 500 or chapter 509.
583 (3) LICENSES REQUIRED.—
584 (a) Licenses; annual renewals.—Each food service
585 establishment regulated under this section shall obtain a
586 license from the department annually. Food service establishment
587 licenses shall expire annually and are not transferable from one
588 place or individual to another. However, those facilities
589 licensed by the department’s Office of Licensure and
590 Certification, the Child Care Licensure Services Program Office,
591 or the Agency for Persons with Disabilities are exempt from this
592 subsection. It shall be a misdemeanor of the second degree,
593 punishable as provided in s. 381.0061, s. 775.082, or s.
594 775.083, for such an establishment to operate without this
595 license. The department may refuse a license, or a renewal
596 thereof, to any establishment that is not constructed or
597 maintained in accordance with law and with the rules of the
598 department. Annual application for renewal is not required.
599 Section 14. Subsection (3) of section 394.47865, Florida
600 Statutes, is amended to read:
601 394.47865 South Florida State Hospital; privatization.—
602 (3)(a) Current South Florida State Hospital employees who
603 are affected by the privatization shall be given first
604 preference for continued employment by the contractor. The
605 department shall make reasonable efforts to find suitable job
606 placements for employees who wish to remain within the state
607 Career Service System.
608 (b) Any savings that result from the privatization of South
609 Florida State Hospital shall be directed to the department’s
610 service districts 9, 10, and 11 for the delivery of community
611 mental health services.
612 Section 15. Subsection (2) of section 394.493, Florida
613 Statutes, is amended to read:
614 394.493 Target populations for child and adolescent mental
615 health services funded through the department.—
616 (2) Each mental health provider under contract with the
617 department to provide mental health services to the target
618 population shall collect fees from the parent or legal guardian
619 of the child or adolescent receiving services. The fees shall be
620 based on a sliding fee scale for families whose net family
621 income is at or above 150 percent of the Federal Poverty Income
622 Guidelines. The department shall adopt, by rule, a sliding fee
623 scale for statewide implementation. Fees collected from families
624 shall be retained in the circuit service district and used for
625 expanding child and adolescent mental health treatment services.
626 Section 16. Section 394.4985, Florida Statutes, is amended
627 to read:
628 394.4985 Circuitwide Districtwide information and referral
629 network; implementation.—
630 (1) Each circuit service district of the Department of
631 Children and Families Family Services shall develop a detailed
632 implementation plan for a circuitwide districtwide comprehensive
633 child and adolescent mental health information and referral
634 network to be operational by July 1, 1999. The plan must include
635 an operating budget that demonstrates cost efficiencies and
636 identifies funding sources for the circuit district information
637 and referral network. The plan must be submitted by the
638 department to the Legislature by October 1, 1998. The circuit
639 district shall use existing circuit district information and
640 referral providers if, in the development of the plan, it is
641 concluded that these providers would deliver information and
642 referral services in a more efficient and effective manner when
643 compared to other alternatives. The circuit district information
644 and referral network must include:
645 (a) A resource file that contains information about the
646 child and adolescent mental health services as described in s.
647 394.495, including, but not limited to:
648 1. Type of program;
649 2. Hours of service;
650 3. Ages of persons served;
651 4. Program description;
652 5. Eligibility requirements; and
653 6. Fees.
654 (b) Information about private providers and professionals
655 in the community which serve children and adolescents with an
656 emotional disturbance.
657 (c) A system to document requests for services that are
658 received through the network referral process, including, but
659 not limited to:
660 1. Number of calls by type of service requested;
661 2. Ages of the children and adolescents for whom services
662 are requested; and
663 3. Type of referral made by the network.
664 (d) The ability to share client information with the
665 appropriate community agencies.
666 (e) The submission of an annual report to the department,
667 the Agency for Health Care Administration, and appropriate local
668 government entities, which contains information about the
669 sources and frequency of requests for information, types and
670 frequency of services requested, and types and frequency of
671 referrals made.
672 (2) In planning the information and referral network, the
673 circuit district shall consider the establishment of a 24-hour
674 toll-free telephone number, staffed at all times, for parents
675 and other persons to call for information that concerns child
676 and adolescent mental health services and a community public
677 service campaign to inform the public about information and
678 referral services.
679 Section 17. Subsection (12) of section 394.655, Florida
680 Statutes, is amended to read:
681 394.655 The Substance Abuse and Mental Health Corporation;
682 powers and duties; composition; evaluation and reporting
683 requirements.—
684 (12) This section expires on October 1, 2015 2011, unless
685 reviewed and reenacted by the Legislature before that date.
686 Section 18. Subsections (2) through (6) of section 394.67,
687 Florida Statutes, are renumbered as subsections (4) and (8),
688 respectively, and present subsections (7) and (8) are renumbered
689 as subsections (2) and (3), respectively, and amended to read:
690 394.67 Definitions.—As used in this part, the term:
691 (2)(7) “Circuit District administrator” means the person
692 appointed by the Secretary of Children and Families Family
693 Services for the purpose of administering a department circuit
694 service district as set forth in s. 20.19.
695 (3)(8) “Circuit District plan” or “plan” means the combined
696 circuit district substance abuse and mental health plan approved
697 by the circuit district administrator and governing bodies in
698 accordance with this part.
699 Section 19. Section 394.73, Florida Statutes, is amended to
700 read:
701 394.73 Joint alcohol, drug abuse, and mental health service
702 programs in two or more counties.—
703 (1) Subject to rules established by the department, any
704 county within a circuit service district shall have the same
705 power to contract for alcohol, drug abuse, and mental health
706 services as the department has under existing statutes.
707 (2) In order to carry out the intent of this part and to
708 provide alcohol, drug abuse, and mental health services in
709 accordance with the circuit district plan, the counties within a
710 circuit service district may enter into agreements with each
711 other for the establishment of joint service programs. The
712 agreements may provide for the joint provision or operation of
713 services and facilities or for the provision or operation of
714 services and facilities by one participating county under
715 contract with other participating counties.
716 (3) When a circuit service district comprises two or more
717 counties or portions thereof, it is the obligation of the
718 planning council to submit to the governing bodies, prior to the
719 budget submission date of each governing body, an estimate of
720 the proportionate share of costs of alcohol, drug abuse, and
721 mental health services proposed to be borne by each such
722 governing body.
723 (4) Any county desiring to withdraw from a joint program
724 may submit to the circuit district administrator a resolution
725 requesting withdrawal therefrom together with a plan for the
726 equitable adjustment and division of the assets, property,
727 debts, and obligations, if any, of the joint program.
728 Section 20. Paragraph (a) of subsection (3) of section
729 394.74, Florida Statutes, is amended to read:
730 394.74 Contracts for provision of local substance abuse and
731 mental health programs.—
732 (3) Contracts shall include, but are not limited to:
733 (a) A provision that, within the limits of available
734 resources, substance abuse and mental health crisis services, as
735 defined in s. 394.67(5)(3), shall be available to any individual
736 residing or employed within the service area, regardless of
737 ability to pay for such services, current or past health
738 condition, or any other factor;
739 Section 21. Subsection (10) of section 394.75, Florida
740 Statutes, is amended to read:
741 394.75 State and circuit district substance abuse and
742 mental health plans.—
743 (10) The circuit district administrator shall ensure that
744 the circuit district plan:
745 (a) Conforms to the priorities in the state plan, the
746 requirements of this part, and the standards adopted under this
747 part;
748 (b) Ensures that the most effective and economical use will
749 be made of available public and private substance abuse and
750 mental health resources in the circuit service district; and
751 (c) Has adequate provisions made for review and evaluation
752 of the services provided in the circuit service district.
753 Section 22. Subsection (2) of section 394.76, Florida
754 Statutes, is amended to read:
755 394.76 Financing of circuit district programs and
756 services.—If the local match funding level is not provided in
757 the General Appropriations Act or the substantive bill
758 implementing the General Appropriations Act, such funding level
759 shall be provided as follows:
760 (2) If in any fiscal year the approved state appropriation
761 is insufficient to finance the programs and services specified
762 by this part, the department shall have the authority to
763 determine the amount of state funds available to each circuit
764 service district for such purposes in accordance with the
765 priorities in both the state and circuit district plans. The
766 circuit district administrator shall consult with the planning
767 council to ensure that the summary operating budget conforms to
768 the approved plan.
769 Section 23. Subsection (5) of section 394.78, Florida
770 Statutes, is amended to read:
771 394.78 Operation and administration; personnel standards;
772 procedures for audit and monitoring of service providers;
773 resolution of disputes.—
774 (5) In unresolved disputes regarding this part or rules
775 established pursuant to this part, providers and district health
776 and human services boards shall adhere to formal procedures
777 specified under s. 20.19(8)(n).
778 Section 24. Subsections (3) and (4) of section 394.82,
779 Florida Statutes, are amended to read:
780 394.82 Funding of expanded services.—
781 (3) Each fiscal year, any funding increases for crisis
782 services or community mental health services that are included
783 in the General Appropriations Act shall be appropriated in a
784 lump-sum category as defined in s. 216.011(1)(aa). In accordance
785 with s. 216.181(6)(a), the Executive Office of the Governor
786 shall require the Department of Children and Families Family
787 Services to submit a spending plan for the use of funds
788 appropriated for this purpose. The spending plan must include a
789 schedule for phasing in the new community mental health services
790 in each circuit service district of the department and must
791 describe how the new services will be integrated and coordinated
792 with all current community-based health and human services.
793 (4) By January 1, 2004, the crisis services defined in s.
794 394.67(5)(3) shall be implemented, as appropriate, in the
795 state’s public community mental health system to serve children
796 and adults who are experiencing an acute mental or emotional
797 crisis, as defined in s. 394.67(17). By January 1, 2006, the
798 mental health services defined in s. 394.67(15) shall be
799 implemented, as appropriate, in the state’s public community
800 mental health system to serve adults and older adults who have a
801 severe and persistent mental illness and to serve children who
802 have a serious emotional disturbance or mental illness, as
803 defined in s. 394.492(6).
804 Section 25. Subsection (1) of section 394.9084, Florida
805 Statutes, is amended to read:
806 394.9084 Florida Self-Directed Care program.—
807 (1) The Department of Children and Families Family
808 Services, in cooperation with the Agency for Health Care
809 Administration, may provide a client-directed and choice-based
810 Florida Self-Directed Care program in all department circuits
811 service districts, in addition to the pilot projects established
812 in district 4 and district 8, to provide mental health treatment
813 and support services to adults who have a serious mental
814 illness. The department may also develop and implement a client
815 directed and choice-based pilot project in one circuit district
816 to provide mental health treatment and support services for
817 children with a serious emotional disturbance who live at home.
818 If established, any staff who work with children must be
819 screened under s. 435.04. The department shall implement a
820 payment mechanism in which each client controls the money that
821 is available for that client’s mental health treatment and
822 support services. The department shall establish interagency
823 cooperative agreements and work with the agency, the Division of
824 Vocational Rehabilitation, and the Social Security
825 Administration to implement and administer the Florida Self
826 Directed Care program.
827 Section 26. Subsection (1) of section 397.821, Florida
828 Statutes, is amended to read:
829 397.821 Juvenile substance abuse impairment prevention and
830 early intervention councils.—
831 (1) Each judicial circuit as set forth in s. 26.021 may
832 establish a juvenile substance abuse impairment prevention and
833 early intervention council composed of at least 12 members,
834 including representatives from law enforcement, the department,
835 school districts, state attorney and public defender offices,
836 the circuit court, the religious community, substance abuse
837 impairment professionals, child advocates from the community,
838 business leaders, parents, and high school students. However,
839 those circuits which already have in operation a council of
840 similar composition may designate the existing body as the
841 juvenile substance abuse impairment prevention and early
842 intervention council for the purposes of this section. Each
843 council shall establish bylaws providing for the length of term
844 of its members, but the term may not exceed 4 years. The circuit
845 substate entity administrator, as defined in s. 20.19, and the
846 chief judge of the circuit court shall each appoint six members
847 of the council. The circuit substate entity administrator shall
848 appoint a representative from the department, a school district
849 representative, a substance abuse impairment treatment
850 professional, a child advocate, a parent, and a high school
851 student. The chief judge of the circuit court shall appoint a
852 business leader and representatives from the state attorney’s
853 office, the public defender’s office, the religious community,
854 the circuit court, and law enforcement agencies.
855 Section 27. Subsection (1) of section 394.9135, Florida
856 Statutes, is amended to read:
857 394.9135 Immediate releases from total confinement;
858 transfer of person to department; time limitations on
859 assessment, notification, and filing petition to hold in
860 custody; filing petition after release.—
861 (1) If the anticipated release from total confinement of a
862 person who has been convicted of a sexually violent offense
863 becomes immediate for any reason, the agency with jurisdiction
864 shall upon immediate release from total confinement transfer
865 that person:
866 (a) To the custody of United States Immigration and Customs
867 Enforcement if a detainer order is in place for the person; or
868 (b) To the custody of the Department of Children and
869 Families Family Services to be held in an appropriate secure
870 facility.
871
872 The department shall put into place a memorandum of
873 understanding with United States Immigration and Customs
874 Enforcement to ensure that if Immigration and Customs
875 Enforcement is unable to deport the person for any reason, the
876 person shall be immediately transferred back to the custody of
877 the department for civil commitment and further proceedings
878 under this section.
879 Section 28. Subsection (1) of section 402.313, Florida
880 Statutes, is amended to read:
881 402.313 Family day care homes.—
882 (1) Family day care homes shall be licensed under this act
883 if they are presently being licensed under an existing county
884 licensing ordinance, if they are participating in the subsidized
885 child care program, or if the board of county commissioners
886 passes a resolution that family day care homes be licensed. If
887 no county authority exists for the licensing of a family day
888 care home and the county passes a resolution requiring
889 licensure, the department shall have the authority to license
890 family day care homes under contract with the county for the
891 purchase-of-service system in the subsidized child care program.
892 (a) If not subject to license, family day care homes shall
893 register annually with the department, providing the following
894 information:
895 1. The name and address of the home.
896 2. The name of the operator.
897 3. The number of children served.
898 4. Proof of a written plan to provide at least one other
899 competent adult to be available to substitute for the operator
900 in an emergency. This plan shall include the name, address, and
901 telephone number of the designated substitute.
902 5. Proof of screening and background checks.
903 6. Proof of successful completion of the 30-hour training
904 course, as evidenced by passage of a competency examination,
905 which shall include:
906 a. State and local rules and regulations that govern child
907 care.
908 b. Health, safety, and nutrition.
909 c. Identifying and reporting child abuse and neglect.
910 d. Child development, including typical and atypical
911 language development; and cognitive, motor, social, and self
912 help skills development.
913 e. Observation of developmental behaviors, including using
914 a checklist or other similar observation tools and techniques to
915 determine a child’s developmental level.
916 f. Specialized areas, including early literacy and language
917 development of children from birth to 5 years of age, as
918 determined by the department, for owner-operators of family day
919 care homes.
920 7. Proof that immunization records are kept current.
921 8. Proof of completion of the required continuing education
922 units or clock hours.
923 (b) A family day care home not participating in the
924 subsidized child care program may volunteer to be licensed under
925 the provisions of this act.
926 (c) The department may provide technical assistance to
927 counties and family day care home providers to enable counties
928 and family day care providers to achieve compliance with family
929 day care homes standards.
930 Section 29. Subsection (2) of section 402.315, Florida
931 Statutes, is amended to read:
932 402.315 Funding; license fees.—
933 (2) The county department shall bear the costs of the
934 licensing of family day care homes when contracting with the
935 department pursuant to s. 402.313(1) child care facilities when
936 contracted to do so by a county or when directly responsible for
937 licensing in a county which fails to meet or exceed state
938 minimum standards.
939 Section 30. Subsections (2), (3), and (7) of section
940 402.40, Florida Statutes, are amended to read:
941 402.40 Child welfare training.—
942 (2) DEFINITIONS.—As used in this section, the term:
943 (a) “Child welfare certification” means a professional
944 credential awarded by the department or by a credentialing
945 entity recognized by the department to individuals demonstrating
946 core competency in any child welfare services practice area.
947 (b) “Child welfare services” means any intake, protective
948 investigations, preprotective services, protective services,
949 foster care, shelter and group care, and adoption and related
950 services program, including supportive services, supervision,
951 and legal services, provided to children who are alleged to have
952 been abused, abandoned, or neglected, or who are at risk of
953 becoming, are alleged to be, or have been found dependent
954 pursuant to chapter 39.
955 (c) “Core competency” means the knowledge, skills, and
956 abilities necessary to carry out work responsibilities.
957 (d)(b) “Person providing child welfare services” means a
958 person who has a responsibility for supervisory, legal, direct
959 care or support related work in the provision of child welfare
960 services pursuant to chapter 39.
961 (3) CHILD WELFARE TRAINING PROGRAM.—The department shall
962 establish a program for training pursuant to the provisions of
963 this section, and all persons providing child welfare services
964 shall be required to demonstrate core competency by earning and
965 maintaining a department or third-party-awarded child welfare
966 certification and participate in and successfully complete the
967 program of training pertinent to their areas of responsibility.
968 (7) CERTIFICATION AND TRAINER QUALIFICATIONS.—The
969 department shall, in collaboration with the professionals and
970 providers described in subsection (5), develop minimum standards
971 for a certification process that ensures that participants have
972 successfully attained the knowledge, skills, and abilities
973 necessary to competently carry out their work responsibilities.
974 The department shall recognize third-party certification for
975 child welfare services staff which satisfies the core
976 competencies and meets the certification requirements
977 established in this section and shall develop minimum standards
978 for trainer qualifications which must be required of training
979 academies in the offering of the training curricula. Any person
980 providing child welfare services shall be required to master the
981 core competencies and hold an active child welfare certification
982 components of the curriculum that is are particular to that
983 person’s work responsibilities.
984 Section 31. Subsection (2) of section 402.49, Florida
985 Statutes, is amended to read:
986 402.49 Mediation process established.—
987 (2)(a) The department shall appoint at least one mediation
988 panel in each of the department’s circuits service districts.
989 Each panel shall have at least three and not more than five
990 members and shall include a representative from the department,
991 a representative of an agency that provides similar services to
992 those provided by the agency that is a party to the dispute, and
993 additional members who are mutually acceptable to the department
994 and the agency that is a party to the dispute. Such additional
995 members may include laypersons who are involved in advocacy
996 organizations, members of boards of directors of agencies
997 similar to the agency that is a party to the dispute, members of
998 families of department clients, members of department planning
999 councils in the area of services that are the subject of the
1000 dispute, and interested and informed members of the local
1001 community.
1002 (b) If the parties to the conflict agree, a mediation panel
1003 may hear a complaint that is filed outside of the panel’s
1004 circuit service district.
1005 Section 32. Subsection (3) of section 409.152, Florida
1006 Statutes, is amended to read:
1007 409.152 Service integration and family preservation.—
1008 (3) Each circuit service district of the department shall
1009 develop a family preservation service integration plan that
1010 identifies various programs that can be organized at the point
1011 of service delivery into a logical and cohesive family-centered
1012 services constellation. The plan shall include:
1013 (a) Goals and objectives for integrating services for
1014 families and avoiding barriers to service integration,
1015 procedures for centralized intake and assessment, a
1016 comprehensive service plan for each family, and an evaluation
1017 method of program outcome.
1018 (b) Recommendations for proposed changes to fiscal and
1019 substantive policies, regulations, and laws at local, circuit
1020 district, and state delivery levels, including budget and
1021 personnel policies; purchasing flexibility and workforce
1022 incentives; discretionary resources; and incentives to reduce
1023 dependency on government programs and services.
1024 (c) Strategies for creating partnerships with the
1025 community, clients, and consumers of services which establish,
1026 maintain, and preserve family units.
1027 Section 33. Paragraph (e) of subsection (1) and subsection
1028 (8) of section 409.1671, Florida Statutes, are amended, and
1029 paragraph (m) is added to subsection (1) of that section, to
1030 read:
1031 409.1671 Foster care and related services; outsourcing.—
1032 (1)
1033 (e) As used in this section, the term “eligible lead
1034 community-based provider” means a single agency with which the
1035 department contracts shall contract for the provision of child
1036 protective services in a community that is no smaller than a
1037 county. The secretary of the department may authorize more than
1038 one eligible lead community-based provider within a single
1039 county if it when to do so will result in more effective
1040 delivery of foster care and related services. To compete for an
1041 outsourcing project, such agency must have:
1042 1. The ability to coordinate, integrate, and manage all
1043 child protective services in the designated community in
1044 cooperation with child protective investigations.
1045 2. The ability to ensure continuity of care from entry to
1046 exit for all children referred from the protective investigation
1047 and court systems.
1048 3. The ability to provide directly, or contract for through
1049 a local network of providers, for all necessary child protective
1050 services. Such agency may not agencies should directly provide
1051 no more than 35 percent of all child protective services
1052 provided.
1053 4. The willingness to be accountable accept accountability
1054 for meeting the outcomes and performance standards related to
1055 child protective services established by the Legislature and the
1056 Federal Government.
1057 5. The capability and the willingness to serve all children
1058 referred to it from the protective investigation and court
1059 systems, regardless of the level of funding allocated to the
1060 community by the state if, provided all related funding is
1061 transferred.
1062 6. The willingness to ensure that each individual who
1063 provides child protective services completes the training
1064 required of child protective service workers by the Department
1065 of Children and Family Services.
1066 7. The ability to maintain eligibility to receive all
1067 federal child welfare funds, including Title IV-E and IV-A
1068 funds, currently being used by the Department of Children and
1069 Family Services.
1070 8. Written agreements with Healthy Families Florida lead
1071 entities in their community, pursuant to s. 409.153, to promote
1072 cooperative planning for the provision of prevention and
1073 intervention services.
1074 9. A board of directors, of which at least 51 percent of
1075 the membership is comprised of persons residing in this state.
1076 Of the state residents, at least 51 percent must also reside
1077 within the service area of the eligible lead community-based
1078 provider.
1079 (m) In order to ensure an efficient and effective
1080 community-based care system, the department shall annually
1081 evaluate each lead agency’s success in developing an effective
1082 network of local providers, improving the coordination and
1083 delivery of services to children, and investing appropriated
1084 funds into the community for direct services to children and
1085 families.
1086 (8) Notwithstanding the provisions of s. 215.425, all
1087 documented federal funds earned for the current fiscal year by
1088 the department and community-based agencies which exceed the
1089 amount appropriated by the Legislature shall be distributed to
1090 all entities that contributed to the excess earnings based on a
1091 schedule and methodology developed by the department and
1092 approved by the Executive Office of the Governor. Distribution
1093 shall be pro rata based on total earnings and shall be made only
1094 to those entities that contributed to excess earnings. Excess
1095 earnings of community-based agencies shall be used only in the
1096 circuit service district in which they were earned. Additional
1097 state funds appropriated by the Legislature for community-based
1098 agencies or made available pursuant to the budgetary amendment
1099 process described in s. 216.177 shall be transferred to the
1100 community-based agencies. The department shall amend a
1101 community-based agency’s contract to permit expenditure of the
1102 funds.
1103 Section 34. Section 409.1685, Florida Statutes, is amended
1104 to read:
1105 409.1685 Children in foster care; annual report to
1106 Legislature.—The Department of Children and Family Services
1107 shall submit a written report to the substantive committees of
1108 the Legislature concerning the status of children in foster care
1109 and concerning the judicial review mandated by part IX X of
1110 chapter 39. This report shall be submitted by March 1 of each
1111 year and shall include the following information for the prior
1112 calendar year:
1113 (1) The number of 6-month and annual judicial reviews
1114 completed during that period.
1115 (2) The number of children in foster care returned to a
1116 parent, guardian, or relative as a result of a 6-month or annual
1117 judicial review hearing during that period.
1118 (3) The number of termination of parental rights
1119 proceedings instituted during that period including which shall
1120 include:
1121 (a) The number of termination of parental rights
1122 proceedings initiated pursuant to former s. 39.703; and
1123 (b) The total number of terminations of parental rights
1124 ordered.
1125 (4) The number of foster care children placed for adoption
1126 during that period.
1127 Section 35. Paragraph (a) of subsection (4) of section
1128 409.1755, Florida Statutes, is amended to read:
1129 409.1755 One Church, One Child of Florida Corporation Act;
1130 creation; duties.—
1131 (4) BOARD OF DIRECTORS.—
1132 (a) The One Church, One Child of Florida Corporation shall
1133 operate subject to the supervision and approval of a board of
1134 directors consisting of 21 23 members, with one two directors
1135 representing each circuit service district of the Department of
1136 Children and Families Family Services and one director who shall
1137 be an at-large member.
1138 Section 36. Paragraph (a) of subsection (1) and subsection
1139 (2) of section 410.0245, Florida Statutes, are amended to read:
1140 410.0245 Study of service needs; report; multiyear plan.—
1141 (1)(a) The Adult Protection Services Program Office of the
1142 Department of Children and Families Family Services shall
1143 contract for a study of the service needs of the 18-to-59-year
1144 old disabled adult population served or waiting to be served by
1145 the community care for disabled adults program. The Division of
1146 Vocational Rehabilitation of the Department of Education and
1147 other appropriate state agencies shall provide information to
1148 the Department of Children and Families Family Services when
1149 requested for the purposes of this study.
1150 (2) Based on the findings of the study, the Adult
1151 Protection Services Program of the Department of Children and
1152 Families Family Services shall develop a multiyear plan which
1153 shall provide for the needs of disabled adults in this state and
1154 shall provide strategies for statewide coordination of all
1155 services for disabled adults. The multiyear plan shall include
1156 an inventory of existing services and an analysis of costs
1157 associated with existing and projected services. The multiyear
1158 plan shall be presented to the Governor, the President of the
1159 Senate, and the Speaker of the House of Representatives every 3
1160 years on or before March 1, beginning in 1992. On or before
1161 March 1 of each intervening year, the department shall submit an
1162 analysis of the status of the implementation of each element of
1163 the multiyear plan, any continued unmet need, and the
1164 relationship between that need and the department’s budget
1165 request for that year.
1166 Section 37. Subsections (1) and (2) of section 410.603,
1167 Florida Statutes, are renumbered as subsections (2) and (3),
1168 respectively, and present subsection (3) of that section is
1169 renumbered as subsection (1) and amended to read:
1170 410.603 Definitions relating to Community Care for Disabled
1171 Adults Act.—As used in ss. 410.601-410.606:
1172 (1)(3) “Circuit District” means a specified geographic
1173 service area that conforms to the judicial circuits established
1174 in s. 26.021, as defined in s. 20.19, in which the programs of
1175 the department are administered and services are delivered.
1176 Section 38. Subsection (2) of section 410.604, Florida
1177 Statutes, is amended to read:
1178 410.604 Community care for disabled adults program; powers
1179 and duties of the department.—
1180 (2) Any person who meets the definition of a disabled adult
1181 pursuant to s. 410.603(3)(2) is eligible to receive the services
1182 of the community care for disabled adults program. However, the
1183 community care for disabled adults program shall operate within
1184 the funds appropriated by the Legislature. Priority shall be
1185 given to disabled adults who are not eligible for comparable
1186 services in programs of or funded by the department or the
1187 Division of Vocational Rehabilitation of the Department of
1188 Education; who are determined to be at risk of
1189 institutionalization; and whose income is at or below the
1190 existing institutional care program eligibility standard.
1191 Section 39. Section 411.224, Florida Statutes, is amended
1192 to read:
1193 411.224 Family support planning process.—The Legislature
1194 establishes a family support planning process to be used by the
1195 Department of Children and Families Family Services as the
1196 service planning process for targeted individuals, children, and
1197 families under its purview.
1198 (1) The Department of Education shall take all appropriate
1199 and necessary steps to encourage and facilitate the
1200 implementation of the family support planning process for
1201 individuals, children, and families within its purview.
1202 (2) To the extent possible within existing resources, the
1203 following populations must be included in the family support
1204 planning process:
1205 (a) Children from birth to age 5 who are served by the
1206 clinic and programs of the Division of Children’s Medical
1207 Services of the Department of Health.
1208 (b) Children participating in the developmental evaluation
1209 and intervention program of the Division of Children’s Medical
1210 Services of the Department of Health.
1211 (c) Children from age 3 through age 5 who are served by the
1212 Agency for Persons with Disabilities.
1213 (d) Children from birth through age 5 who are served by the
1214 Mental Health Program Office of the Department of Children and
1215 Families Family Services.
1216 (e) Participants who are served by the Children’s Early
1217 Investment Program established in s. 411.232.
1218 (f) Healthy Start participants in need of ongoing service
1219 coordination.
1220 (g) Children from birth through age 5 who are served by the
1221 voluntary family services, protective supervision, foster care,
1222 or adoption and related services programs of the Child Care
1223 Licensure Services Program Office of the Department of Children
1224 and Families Family Services, and who are eligible for ongoing
1225 services from one or more other programs or agencies that
1226 participate in family support planning; however, children served
1227 by the voluntary family services program, where the planned
1228 length of intervention is 30 days or less, are excluded from
1229 this population.
1230 (3) When individuals included in the target population are
1231 served by Head Start, local education agencies, or other
1232 prevention and early intervention programs, providers must be
1233 notified and efforts made to facilitate the concerned agency’s
1234 participation in family support planning.
1235 (4) Local education agencies are encouraged to use a family
1236 support planning process for children from birth through 5 years
1237 of age who are served by the prekindergarten program for
1238 children with disabilities, in lieu of the Individual Education
1239 Plan.
1240 (5) There must be only a single-family support plan to
1241 address the problems of the various family members unless the
1242 family requests that an individual family support plan be
1243 developed for different members of that family. The family
1244 support plan must replace individual habilitation plans for
1245 children from 3 through 5 years old who are served by the Agency
1246 for Persons with Disabilities.
1247 (6) The family support plan at a minimum must include the
1248 following information:
1249 (a) The family’s statement of family concerns, priorities,
1250 and resources.
1251 (b) Information related to the health, educational,
1252 economic and social needs, and overall development of the
1253 individual and the family.
1254 (c) The outcomes that the plan is intended to achieve.
1255 (d) Identification of the resources and services to achieve
1256 each outcome projected in the plan. These resources and services
1257 are to be provided based on availability and funding.
1258 (7) A family support plan meeting must be held with the
1259 family to initially develop the family support plan and annually
1260 thereafter to update the plan as necessary. The family includes
1261 anyone who has an integral role in the life of the individual or
1262 child as identified by the individual or family. The family
1263 support plan must be reviewed periodically during the year, at
1264 least at 6-month intervals, to modify and update the plan as
1265 needed. Such periodic reviews do not require a family support
1266 plan team meeting but may be accomplished through other means
1267 such as a case file review and telephone conference with the
1268 family.
1269 (8) The initial family support plan must be developed
1270 within a 90-day period. If exceptional circumstances make it
1271 impossible to complete the evaluation activities and to hold the
1272 initial family support plan team meeting within a reasonable
1273 time period, these circumstances must be documented, and the
1274 individual or family must be notified of the reason for the
1275 delay. With the agreement of the family and the provider,
1276 services for which either the individual or the family is
1277 eligible may be initiated before the completion of the
1278 evaluation activities and the family support plan.
1279 (9) The Department of Children and Families Family
1280 Services, the Department of Health, and the Department of
1281 Education, to the extent that funds are available, must offer
1282 technical assistance to communities to facilitate the
1283 implementation of the family support plan.
1284 (10) The Department of Children and Families Family
1285 Services, the Department of Health, and the Department of
1286 Education shall adopt rules necessary to implement this act.
1287 Section 40. Section 414.24, Florida Statutes, is amended to
1288 read:
1289 414.24 Integrated welfare reform and child welfare
1290 services.—The department shall develop integrated service
1291 delivery strategies to better meet the needs of families subject
1292 to work activity requirements who are involved in the child
1293 welfare system or are at high risk of involvement in the child
1294 welfare system. To the extent that resources are available, the
1295 department and the Department of Labor and Employment Security
1296 shall provide funds to one or more circuits service districts to
1297 promote development of integrated, nonduplicative case
1298 management within the department, the Department of Labor and
1299 Employment Security, other participating government agencies,
1300 and community partners. Alternative delivery systems shall be
1301 encouraged which include well-defined, pertinent outcome
1302 measures. Other factors to be considered shall include
1303 innovation regarding training, enhancement of existing
1304 resources, and increased private sector and business sector
1305 participation.
1306 Section 41. Subsection (8) of section 415.1113, Florida
1307 Statutes, is amended to read:
1308 415.1113 Administrative fines for false report of abuse,
1309 neglect, or exploitation of a vulnerable adult.—
1310 (8) All amounts collected under this section must be
1311 deposited into the Operations and Maintenance Trust Fund within
1312 the Adult Protection Services Program of the department.
1313 Section 42. Subsections (1) through (3) of section 420.621,
1314 Florida Statutes, are renumbered as subsections (2) through (4),
1315 respectively, and present subsection (4) of that section is
1316 renumbered as subsection (1) and amended to read:
1317 420.621 Definitions.—As used in ss. 420.621-420.628, the
1318 term:
1319 (1)(4) “Circuit District” means a specified geographic
1320 service area that conforms to the judicial circuits established
1321 in s. 26.021 service district of the department, as set forth in
1322 s. 20.19.
1323 Section 43. Subsection (1) of section 420.622, Florida
1324 Statutes, is amended to read:
1325 420.622 State Office on Homelessness; Council on
1326 Homelessness.—
1327 (1) The State Office on Homelessness is created within the
1328 Department of Children and Families Family Services to provide
1329 interagency, council, and other related coordination on issues
1330 relating to homelessness. An executive director of the office
1331 shall be appointed by the Governor.
1332 Section 44. Subsection (4) of section 420.623, Florida
1333 Statutes, is amended to read:
1334 420.623 Local coalitions for the homeless.—
1335 (4) ANNUAL REPORTS.—The department shall submit to the
1336 Governor, the Speaker of the House of Representatives, and the
1337 President of the Senate, by June 30, an annual report consisting
1338 of a compilation of data collected by local coalitions, progress
1339 made in the development and implementation of local homeless
1340 assistance continuums of care plans in each circuit district,
1341 local spending plans, programs and resources available at the
1342 local level, and recommendations for programs and funding.
1343 Section 45. Subsections (4) through (8) of section 420.625,
1344 Florida Statutes, are amended to read:
1345 420.625 Grant-in-aid program.—
1346 (4) APPLICATION PROCEDURE.—Local agencies shall submit an
1347 application for grant-in-aid funds to the circuit district
1348 administrator for review. During the first year of
1349 implementation, circuit district administrators shall begin to
1350 accept applications for circuit district funds no later than
1351 October 1, 1988, and by August 1 of each year thereafter for
1352 which funding for this section is provided. Circuit District
1353 funds shall be made available to local agencies no more than 30
1354 days after the deadline date for applications for each funding
1355 cycle.
1356 (5) SPENDING PLANS.—The department shall develop guidelines
1357 for the development of spending plans and for the evaluation and
1358 approval by circuit district administrators of spending plans,
1359 based upon such factors as:
1360 (a) The demonstrated level of need for the program.
1361 (b) The demonstrated ability of the local agency or
1362 agencies seeking assistance to deliver the services and to
1363 assure that identified needs will be met.
1364 (c) The ability of the local agency or agencies seeking
1365 assistance to deliver a wide range of services as enumerated in
1366 subsection (3).
1367 (d) The adequacy and reasonableness of proposed budgets and
1368 planned expenditures, and the demonstrated capacity of the local
1369 agency or agencies to administer the funds sought.
1370 (e) A statement from the local coalition for the homeless
1371 as to the steps to be taken to assure coordination and
1372 integration of services in the circuit district to avoid
1373 unnecessary duplication and costs.
1374 (f) Assurances by the local coalition for the homeless that
1375 alternative funding strategies for meeting needs through the
1376 reallocation of existing resources, utilization of volunteers,
1377 and local government or private agency funding have been
1378 explored.
1379 (g) The existence of an evaluation component designed to
1380 measure program outcomes and determine the overall effectiveness
1381 of the local programs for the homeless for which funding is
1382 sought.
1383 (6) ALLOCATION OF GRANT FUNDS TO CIRCUITS DISTRICTS.—State
1384 grant-in-aid funds for local initiatives for the homeless shall
1385 be allocated by the department to, and administered by,
1386 department circuits districts. Allocations shall be based upon
1387 sufficient documentation of:
1388 (a) The magnitude of the problem of homelessness in the
1389 circuit district, and the demonstrated level of unmet need for
1390 services in the circuit district for those who are homeless or
1391 are about to become homeless.
1392 (b) A strong local commitment to seriously address the
1393 problem of homelessness as evidenced by coordinated programs
1394 involving preventive, emergency, and transitional services and
1395 by the existence of active local organizations committed to
1396 serving those who have become, or are about to become, homeless.
1397 (c) Agreement by local government and private agencies
1398 currently serving the homeless not to reduce current
1399 expenditures for services presently provided to those who are
1400 homeless or are about to become homeless if grant assistance is
1401 provided pursuant to this section.
1402 (d) Geographic distribution of circuit district programs to
1403 ensure that such programs serve both rural and urban areas, as
1404 needed.
1405 (7) DISTRIBUTION TO LOCAL AGENCIES.—Circuit District funds
1406 so allocated shall be available for distribution by the circuit
1407 district administrator to local agencies to fund programs such
1408 as those set forth in subsection (3), based upon the
1409 recommendations of the local coalitions in accordance with
1410 spending plans developed by the coalitions and approved by the
1411 circuit district administrator. Not more than 10 percent of the
1412 total state funds awarded under a spending plan may be used by
1413 the local coalition for staffing and administration.
1414 (8) LOCAL MATCHING FUNDS.—Entities contracting to provide
1415 services through financial assistance obtained under this
1416 section shall provide a minimum of 25 percent of the funding
1417 necessary for the support of project operations. In-kind
1418 contributions, whether materials, commodities, transportation,
1419 office space, other types of facilities, or personal services,
1420 and contributions of money or services from homeless persons may
1421 be evaluated and counted as part or all of this required local
1422 funding, in the discretion of the circuit district
1423 administrator.
1424 Section 46. Subsection (2) of section 429.35, Florida
1425 Statutes, is amended to read:
1426 429.35 Maintenance of records; reports.—
1427 (2) Within 60 days after the date of the biennial
1428 inspection visit required under s. 408.811 or within 30 days
1429 after the date of any interim visit, the agency shall forward
1430 the results of the inspection to the local ombudsman council in
1431 whose planning and service area, as defined in part II of
1432 chapter 400, the facility is located; to at least one public
1433 library or, in the absence of a public library, the county seat
1434 in the county in which the inspected assisted living facility is
1435 located; and, when appropriate, to the circuit district Adult
1436 Protection Services and Mental Health Program Offices.
1437 Section 47. Paragraph (d) of subsection (3) of section
1438 1002.67, Florida Statutes, is amended to read:
1439 1002.67 Performance standards; curricula and
1440 accountability.—
1441 (3)
1442 (d) Each early learning coalition, the Agency for Workforce
1443 Innovation, and the department shall coordinate with the Child
1444 Care Licensure Services Program Office of the Department of
1445 Children and Families Family Services to minimize interagency
1446 duplication of activities for monitoring private prekindergarten
1447 providers for compliance with requirements of the Voluntary
1448 Prekindergarten Education Program under this part, the school
1449 readiness programs under s. 411.01, and the licensing of
1450 providers under ss. 402.301-402.319.
1451 Section 48. Sections 39.311, 39.312, 39.313, 39.314,
1452 39.315, 39.316, 39.317, 39.318, 394.9083, and 402.35, Florida
1453 Statutes, are repealed.
1454 Section 49. The Division of Statutory Revision of the Joint
1455 Legislative Management Committee is directed to prepare a
1456 reviser’s bill for introduction at a subsequent session of the
1457 Legislature to change the term “Department of Children and
1458 Family Services” to “Department of Children and Families,” the
1459 term “Secretary of Children and Family Services” to “Secretary
1460 of Children and Families,” and the term “district administrator”
1461 to “circuit administrator,” as that term relates to the
1462 responsibilities of the Department of Children and Families,
1463 wherever that term appears in the Florida Statutes.
1464 Section 50. The Agency for Persons with Disabilities is
1465 directed to prepare a plan that will enable it to perform all of
1466 its own administrative and operational functions separate from
1467 the Department of Children and Family Services by July 1, 2015.
1468 The plan must identify resource requirements and a timeframe for
1469 completing the transfer of responsibilities from the Department
1470 of Children and Family Services, including submittal of a
1471 detailed justification for each position the agency estimates it
1472 would need to become administratively self-sufficient; an
1473 analysis of each function to determine if the Department of
1474 Children and Family Services could provide the service more
1475 efficiently on a reimbursed cost basis through an interagency
1476 agreement; and an estimate of the costs and benefits to be
1477 derived through the separation. The Department of Children and
1478 Family Services is directed to cooperate with the agency in
1479 preparing the plan. The plan shall be presented to the Speaker
1480 of the House of Representatives, the President of the Senate,
1481 and the appropriate substantive committees by January 15, 2011.
1482 Section 51. The Department of Children and Families,
1483 through its Office of General Counsel and in consultation with
1484 its contracted legal services providers and lead agency
1485 administrators, shall define the types of legal services
1486 associated with dependency proceedings. These legal services
1487 include, but are not limited to, service of process, court
1488 reporter and transcription services, expert witnesses, and legal
1489 publication. The department shall delineate the specific costs
1490 each lead agency will pay for those defined legal services, and
1491 by contract amendment, modify lead agency funding amounts to
1492 shift funding and responsibility for those costs to the
1493 department through its Office of General Counsel.
1494 Section 52. The Department of Children and Families is
1495 directed to establish a procedure to assist undocumented aliens
1496 forensically committed in mental health institutions as not
1497 guilty by reason of insanity or civilly committed under the
1498 Baker Act to return to their country of origin. The procedure
1499 should include guidelines to identify appropriate candidates and
1500 a process to facilitate their voluntary repatriation.
1501 Section 53. The Department of Children and Families is
1502 directed to institute a program, modeled on the Department of
1503 Corrections’ Institutional Hearing Program, to improve
1504 coordination with United States Immigration and Customs
1505 Enforcement to identify undocumented aliens in mental health
1506 institutions for whom removal may be appropriate. The program
1507 should allow undocumented aliens of any commitment status in
1508 state mental health treatment facilities to be identified and
1509 the removal process initiated early in their commitment.
1510 Section 54. This act shall take effect July 1, 2010.