Florida Senate - 2011 SENATOR AMENDMENT
Bill No. SB 2108
Barcode 488620
LEGISLATIVE ACTION
Senate . House
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Senator Lynn moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 22 - 23
4 and insert:
5 Section 1. Subsections (6), (7), (8), (9), and (12) of
6 section 39.001, Florida Statutes, are amended to read:
7 39.001 Purposes and intent; personnel standards and
8 screening.—
9 (6) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
10 ABANDONMENT, AND NEGLECT OF CHILDREN.—The incidence of known
11 child abuse, abandonment, and neglect has continued to increase
12 increased rapidly over the past 5 years. The impact that abuse,
13 abandonment, or neglect has on the victimized child, siblings,
14 family structure, and inevitably on all citizens of the state
15 has caused the Legislature to determine that the prevention of
16 child abuse, abandonment, and neglect shall be a priority of
17 this state. To further this end, it is the intent of the
18 Legislature that the Florida Prevention of Child Abuse,
19 Abandonment and Neglect Plan: July 2010 – June 2015, be
20 implemented and monitored by the agencies and organizations
21 named within the plan. The Legislature finds that the plan
22 contains low-cost and no cost cross-agency strategies adopted by
23 the Children and Youth Cabinet. These activities are already
24 underway and are privately and federally funded where necessary.
25 No additional funds from the state are being requested for these
26 activities. By February 1, 2015, the Department of Children and
27 Family Services shall report to the Legislature whether the plan
28 has been effective and whether it should be updated and
29 continued an Office of Adoption and Child Protection be
30 established.
31 (7) OFFICE OF ADOPTION AND CHILD PROTECTION.—
32 (a) For purposes of establishing a comprehensive statewide
33 approach for the promotion of adoption, support of adoptive
34 families, and prevention of child abuse, abandonment, and
35 neglect, the Office of Adoption and Child Protection is created
36 within the Executive Office of the Governor. The Governor shall
37 appoint a Chief Child Advocate for the office.
38 (b) The Chief Child Advocate shall:
39 1. Assist in developing rules pertaining to the promotion
40 of adoption, support of adoptive families, and implementation of
41 child abuse prevention efforts.
42 2. Act as the Governor’s liaison with state agencies, other
43 state governments, and the public and private sectors on matters
44 that relate to the promotion of adoption, support of adoptive
45 families, and child abuse prevention.
46 3. Work to secure funding and other support for the state’s
47 promotion of adoption, support of adoptive families, and child
48 abuse prevention efforts, including, but not limited to,
49 establishing cooperative relationships among state and private
50 agencies.
51 4. Develop a strategic program and funding initiative that
52 links the separate jurisdictional activities of state agencies
53 with respect to promotion of adoption, support of adoptive
54 families, and child abuse prevention. The office may designate
55 lead and contributing agencies to develop such initiatives.
56 5. Advise the Governor and the Legislature on statistics
57 related to the promotion of adoption, support of adoptive
58 families, and child abuse prevention trends in this state; the
59 status of current adoption programs and services, current child
60 abuse prevention programs and services, the funding of adoption,
61 support of adoptive families, and child abuse prevention
62 programs and services; and the status of the office with regard
63 to the development and implementation of the state strategy for
64 the promotion of adoption, support of adoptive families, and
65 child abuse prevention.
66 6. Develop public awareness campaigns to be implemented
67 throughout the state for the promotion of adoption, support of
68 adoptive families, and child abuse prevention.
69 (c) The office is authorized and directed to:
70 1. Oversee the preparation and implementation of the state
71 plan established under subsection (8) and revise and update the
72 state plan as necessary.
73 2. Provide for or make available continuing professional
74 education and training in the prevention of child abuse and
75 neglect.
76 3. Work to secure funding in the form of appropriations,
77 gifts, and grants from the state, the Federal Government, and
78 other public and private sources in order to ensure that
79 sufficient funds are available for the promotion of adoption,
80 support of adoptive families, and child abuse prevention
81 efforts.
82 4. Make recommendations pertaining to agreements or
83 contracts for the establishment and development of:
84 a. Programs and services for the promotion of adoption,
85 support of adoptive families, and prevention of child abuse and
86 neglect.
87 b. Training programs for the prevention of child abuse and
88 neglect.
89 c. Multidisciplinary and discipline-specific training
90 programs for professionals with responsibilities affecting
91 children, young adults, and families.
92 d. Efforts to promote adoption.
93 e. Postadoptive services to support adoptive families.
94 5. Monitor, evaluate, and review the development and
95 quality of local and statewide services and programs for the
96 promotion of adoption, support of adoptive families, and
97 prevention of child abuse and neglect and shall publish and
98 distribute an annual report of its findings on or before January
99 1 of each year to the Governor, the Speaker of the House of
100 Representatives, the President of the Senate, the head of each
101 state agency affected by the report, and the appropriate
102 substantive committees of the Legislature. The report shall
103 include:
104 a. A summary of the activities of the office.
105 b. A summary of the adoption data collected and reported to
106 the federal Adoption and Foster Care Analysis and Reporting
107 System (AFCARS) and the federal Administration for Children and
108 Families.
109 c. A summary of the child abuse prevention data collected
110 and reported to the National Child Abuse and Neglect Data System
111 (NCANDS) and the federal Administration for Children and
112 Families.
113 d. A summary detailing the timeliness of the adoption
114 process for children adopted from within the child welfare
115 system.
116 e. Recommendations, by state agency, for the further
117 development and improvement of services and programs for the
118 promotion of adoption, support of adoptive families, and
119 prevention of child abuse and neglect.
120 f. Budget requests, adoption promotion and support needs,
121 and child abuse prevention program needs by state agency.
122 6. Work with the direct-support organization established
123 under s. 39.0011 to receive financial assistance.
124 (8) PLAN FOR COMPREHENSIVE APPROACH.—
125 (a) The office shall develop a state plan for the promotion
126 of adoption, support of adoptive families, and prevention of
127 abuse, abandonment, and neglect of children and shall submit the
128 state plan to the Speaker of the House of Representatives, the
129 President of the Senate, and the Governor no later than December
130 31, 2008. The Department of Children and Family Services, the
131 Department of Corrections, the Department of Education, the
132 Department of Health, the Department of Juvenile Justice, the
133 Department of Law Enforcement, the Agency for Persons with
134 Disabilities, and the Agency for Workforce Innovation shall
135 participate and fully cooperate in the development of the state
136 plan at both the state and local levels. Furthermore,
137 appropriate local agencies and organizations shall be provided
138 an opportunity to participate in the development of the state
139 plan at the local level. Appropriate local groups and
140 organizations shall include, but not be limited to, community
141 mental health centers; guardian ad litem programs for children
142 under the circuit court; the school boards of the local school
143 districts; the Florida local advocacy councils; community-based
144 care lead agencies; private or public organizations or programs
145 with recognized expertise in working with child abuse prevention
146 programs for children and families; private or public
147 organizations or programs with recognized expertise in working
148 with children who are sexually abused, physically abused,
149 emotionally abused, abandoned, or neglected and with expertise
150 in working with the families of such children; private or public
151 programs or organizations with expertise in maternal and infant
152 health care; multidisciplinary child protection teams; child day
153 care centers; law enforcement agencies; and the circuit courts,
154 when guardian ad litem programs are not available in the local
155 area. The state plan to be provided to the Legislature and the
156 Governor shall include, as a minimum, the information required
157 of the various groups in paragraph (b).
158 (b) The development of the state plan shall be accomplished
159 in the following manner:
160 1. The office shall establish a Child Abuse Prevention and
161 Permanency Advisory Council composed of an adoptive parent who
162 has adopted a child from within the child welfare system and
163 representatives from each state agency and appropriate local
164 agencies and organizations specified in paragraph (a). The
165 advisory council shall serve as the research arm of the office
166 and shall be responsible for:
167 a. Assisting in developing a plan of action for better
168 coordination and integration of the goals, activities, and
169 funding pertaining to the promotion and support of adoption and
170 the prevention of child abuse, abandonment, and neglect
171 conducted by the office in order to maximize staff and resources
172 at the state level. The plan of action shall be included in the
173 state plan.
174 b. Assisting in providing a basic format to be utilized by
175 the districts in the preparation of local plans of action in
176 order to provide for uniformity in the district plans and to
177 provide for greater ease in compiling information for the state
178 plan.
179 c. Providing the districts with technical assistance in the
180 development of local plans of action, if requested.
181 d. Assisting in examining the local plans to determine if
182 all the requirements of the local plans have been met and, if
183 they have not, informing the districts of the deficiencies and
184 requesting the additional information needed.
185 e. Assisting in preparing the state plan for submission to
186 the Legislature and the Governor. Such preparation shall include
187 the incorporation into the state plan of information obtained
188 from the local plans, the cooperative plans with the members of
189 the advisory council, and the plan of action for coordination
190 and integration of state departmental activities. The state plan
191 shall include a section reflecting general conditions and needs,
192 an analysis of variations based on population or geographic
193 areas, identified problems, and recommendations for change. In
194 essence, the state plan shall provide an analysis and summary of
195 each element of the local plans to provide a statewide
196 perspective. The state plan shall also include each separate
197 local plan of action.
198 f. Conducting a feasibility study on the establishment of a
199 Children’s Cabinet.
200 g. Working with the specified state agency in fulfilling
201 the requirements of subparagraphs 2., 3., 4., and 5.
202 2. The office, the department, the Department of Education,
203 and the Department of Health shall work together in developing
204 ways to inform and instruct parents of school children and
205 appropriate district school personnel in all school districts in
206 the detection of child abuse, abandonment, and neglect and in
207 the proper action that should be taken in a suspected case of
208 child abuse, abandonment, or neglect, and in caring for a
209 child’s needs after a report is made. The plan for accomplishing
210 this end shall be included in the state plan.
211 3. The office, the department, the Department of Law
212 Enforcement, and the Department of Health shall work together in
213 developing ways to inform and instruct appropriate local law
214 enforcement personnel in the detection of child abuse,
215 abandonment, and neglect and in the proper action that should be
216 taken in a suspected case of child abuse, abandonment, or
217 neglect.
218 4. Within existing appropriations, the office shall work
219 with other appropriate public and private agencies to emphasize
220 efforts to educate the general public about the problem of and
221 ways to detect child abuse, abandonment, and neglect and in the
222 proper action that should be taken in a suspected case of child
223 abuse, abandonment, or neglect. The plan for accomplishing this
224 end shall be included in the state plan.
225 5. The office, the department, the Department of Education,
226 and the Department of Health shall work together on the
227 enhancement or adaptation of curriculum materials to assist
228 instructional personnel in providing instruction through a
229 multidisciplinary approach on the identification, intervention,
230 and prevention of child abuse, abandonment, and neglect. The
231 curriculum materials shall be geared toward a sequential program
232 of instruction at the four progressional levels, K-3, 4-6, 7-9,
233 and 10-12. Strategies for encouraging all school districts to
234 utilize the curriculum are to be included in the state plan for
235 the prevention of child abuse, abandonment, and neglect.
236 6. Each district of the department shall develop a plan for
237 its specific geographical area. The plan developed at the
238 district level shall be submitted to the advisory council for
239 utilization in preparing the state plan. The district local plan
240 of action shall be prepared with the involvement and assistance
241 of the local agencies and organizations listed in this
242 paragraph, as well as representatives from those departmental
243 district offices participating in the promotion of adoption,
244 support of adoptive families, and treatment and prevention of
245 child abuse, abandonment, and neglect. In order to accomplish
246 this, the office shall establish a task force on the promotion
247 of adoption, support of adoptive families, and prevention of
248 child abuse, abandonment, and neglect. The office shall appoint
249 the members of the task force in accordance with the membership
250 requirements of this section. The office shall ensure that
251 individuals from both urban and rural areas and an adoptive
252 parent who has adopted a child from within the child welfare
253 system are represented on the task force. The task force shall
254 develop a written statement clearly identifying its operating
255 procedures, purpose, overall responsibilities, and method of
256 meeting responsibilities. The district plan of action to be
257 prepared by the task force shall include, but shall not be
258 limited to:
259 a. Documentation of the magnitude of the problems of child
260 abuse, including sexual abuse, physical abuse, and emotional
261 abuse, and child abandonment and neglect in its geographical
262 area.
263 b. A description of programs currently serving abused,
264 abandoned, and neglected children and their families and a
265 description of programs for the prevention of child abuse,
266 abandonment, and neglect, including information on the impact,
267 cost-effectiveness, and sources of funding of such programs.
268 c. Information concerning the number of children within the
269 child welfare system available for adoption who need child
270 specific adoption promotion efforts.
271 d. A description of programs currently promoting and
272 supporting adoptive families, including information on the
273 impact, cost-effectiveness, and sources of funding of such
274 programs.
275 e. A description of a comprehensive approach for providing
276 postadoption services. The continuum of services shall include,
277 but not be limited to, sufficient and accessible parent and teen
278 support groups; case management, information, and referral
279 services; and educational advocacy.
280 f. A continuum of programs and services necessary for a
281 comprehensive approach to the promotion of adoption and the
282 prevention of all types of child abuse, abandonment, and neglect
283 as well as a brief description of such programs and services.
284 g. A description, documentation, and priority ranking of
285 local needs related to the promotion of adoption, support of
286 adoptive families, and prevention of child abuse, abandonment,
287 and neglect based upon the continuum of programs and services.
288 h. A plan for steps to be taken in meeting identified
289 needs, including the coordination and integration of services to
290 avoid unnecessary duplication and cost, and for alternative
291 funding strategies for meeting needs through the reallocation of
292 existing resources, utilization of volunteers, contracting with
293 local universities for services, and local government or private
294 agency funding.
295 i. A description of barriers to the accomplishment of a
296 comprehensive approach to the promotion of adoption, support of
297 adoptive families, and prevention of child abuse, abandonment,
298 and neglect.
299 j. Recommendations for changes that can be accomplished
300 only at the state program level or by legislative action.
301 (9) FUNDING AND SUBSEQUENT PLANS.—
302 (a) All budget requests submitted by the office, the
303 department, the Department of Health, the Department of
304 Education, the Department of Juvenile Justice, the Department of
305 Corrections, the Agency for Persons with Disabilities, the
306 Agency for Workforce Innovation, or any other agency to the
307 Legislature for funding of efforts for the promotion of
308 adoption, support of adoptive families, and prevention of child
309 abuse, abandonment, and neglect shall be based on the state plan
310 developed pursuant to this section.
311 (b) The office and the other agencies and organizations
312 listed in paragraph (8)(a) shall readdress the state plan and
313 make necessary revisions every 5 years, at a minimum. Such
314 revisions shall be submitted to the Speaker of the House of
315 Representatives and the President of the Senate no later than
316 June 30 of each year divisible by 5. At least biennially, the
317 office shall review the state plan and make any necessary
318 revisions based on changing needs and program evaluation
319 results. An annual progress report shall be submitted to update
320 the state plan in the years between the 5-year intervals. In
321 order to avoid duplication of effort, these required plans may
322 be made a part of or merged with other plans required by either
323 the state or Federal Government, so long as the portions of the
324 other state or Federal Government plan that constitute the state
325 plan for the promotion of adoption, support of adoptive
326 families, and prevention of child abuse, abandonment, and
327 neglect are clearly identified as such and are provided to the
328 Speaker of the House of Representatives and the President of the
329 Senate as required above.
330 (12) EVALUATION.—By February 1, 2009, the Legislature shall
331 evaluate the office and determine whether it should continue to
332 be housed in the Executive Office of the Governor or transferred
333 to a state agency.
334
335 ================= T I T L E A M E N D M E N T ================
336 And the title is amended as follows:
337 Delete lines 2 - 5
338 and insert:
339 An act relating to the welfare of children; amending
340 s. 39.001, F.S.; requiring certain agencies and
341 organizations named in the Florida Prevention of Child
342 Abuse, Abandonment and Neglect Plan: July 2010 - 2015
343 to implement and monitor the plan; providing
344 legislative findings; amending s.