Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 1666
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             04/25/2014 02:14 PM       .                                

       Senator Diaz de la Portilla moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (3) through (5) of section
    6  20.19, Florida Statutes, are renumbered as subsections (4)
    7  through (6), respectively, subsection (2) of that section is
    8  amended, and a new subsection (3) is added to that section, to
    9  read:
   10         20.19 Department of Children and Families.—There is created
   11  a Department of Children and Families.
   13         (a) The head of the department is the Secretary of Children
   14  and Families. The secretary is appointed by the Governor,
   15  subject to confirmation by the Senate. The secretary serves at
   16  the pleasure of the Governor.
   17         (b) The secretary shall appoint a deputy secretary who
   18  shall act in the absence of the secretary. The deputy secretary
   19  is directly responsible to the secretary, performs such duties
   20  as are assigned by the secretary, and serves at the pleasure of
   21  the secretary.
   22         (3) ASSISTANT SECRETARIES.—
   23         (a) Child welfare.
   24         1. The secretary shall appoint an Assistant Secretary for
   25  Child Welfare to lead the department in carrying out its duties
   26  and responsibilities for child protection and child welfare. The
   27  assistant secretary shall serve at the pleasure of the
   28  secretary.
   29         2. The assistant secretary must have at least 7 years of
   30  experience working in organizations that deliver child
   31  protective or child welfare services.
   32         (b) Substance abuse and mental health.
   33         (c)1. The secretary shall appoint an Assistant Secretary
   34  for Substance Abuse and Mental Health. The assistant secretary
   35  shall serve at the pleasure of the secretary and must have
   36  expertise in both areas of responsibility.
   37         2. The secretary shall appoint a Director for Substance
   38  Abuse and Mental Health who has the requisite expertise and
   39  experience to head the state’s Substance Abuse and Mental Health
   40  Program Office.
   41         Section 2. Paragraphs (b), (c), (g), and (k) of subsection
   42  (1) of section 39.001, Florida Statutes, are amended, paragraphs
   43  (o) and (p) are added to that subsection, present paragraphs (f)
   44  through (h) of subsection (3) are redesignated as paragraphs (g)
   45  through (i), respectively, a new paragraph (f) is added to that
   46  subsection, present subsections (4) through (11) are renumbered
   47  as subsections (5) through (12), respectively, a new subsection
   48  (4) is added to that section, and paragraph (c) of present
   49  subsection (8) and paragraph (b) of present subsection (10) of
   50  that section are amended, to read:
   51         39.001 Purposes and intent; personnel standards and
   52  screening.—
   53         (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
   54         (b) To recognize that most families desire to be competent
   55  caregivers and providers for their children and that children
   56  achieve their greatest potential when families are able to
   57  support and nurture the growth and development of their
   58  children. Therefore, the Legislature finds that policies and
   59  procedures that provide for prevention and intervention through
   60  the department’s child protection system should be based on the
   61  following principles:
   62         1. The health and safety of the children served shall be of
   63  paramount concern.
   64         2. The prevention and intervention should engage families
   65  in constructive, supportive, and nonadversarial relationships.
   66         3. The prevention and intervention should intrude as little
   67  as possible into the life of the family, be focused on clearly
   68  defined objectives, and keep the safety of the child or children
   69  as the paramount concern take the most parsimonious path to
   70  remedy a family’s problems.
   71         4. The prevention and intervention should be based upon
   72  outcome evaluation results that demonstrate success in
   73  protecting children and supporting families.
   74         (c) To provide a child protection system that reflects a
   75  partnership between the department, other agencies, the courts,
   76  law enforcement agencies, service providers, and local
   77  communities.
   78         (g) To ensure that the parent or legal custodian from whose
   79  custody the child has been taken assists the department to the
   80  fullest extent possible in locating relatives suitable to serve
   81  as caregivers for the child and provides all medical and
   82  educational information, or consent for access thereto, needed
   83  to help the child.
   84         (k) To make every possible effort, if when two or more
   85  children who are in the care or under the supervision of the
   86  department are siblings, to place the siblings in the same home;
   87  and in the event of permanent placement of the siblings, to
   88  place them in the same adoptive home or, if the siblings are
   89  separated while under the care or supervision of the department
   90  or in a permanent placement, to keep them in contact with each
   91  other.
   92         (o) To preserve and strengthen families who are caring for
   93  medically complex children.
   94         (p) To provide protective investigations that are conducted
   95  by trained persons in a complete and fair manner, that are
   96  promptly concluded, and that consider the purposes of this
   97  subsection and the general protections provided by law relating
   98  to child welfare.
   99         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  100  the Legislature that the children of this state be provided with
  101  the following protections:
  102         (f) Access to sufficient supports and services for
  103  medically complex children to allow them to remain in the least
  104  restrictive and most nurturing environment, which includes
  105  services in an amount and scope comparable to those services the
  106  child would receive in out-of-home care placement.
  107         (4) SERVICES FOR MEDICALLY COMPLEX CHILDREN.—The department
  108  shall maintain a program of family-centered services and
  109  supports for medically complex children. The purpose of the
  110  program is to prevent abuse and neglect of medically complex
  111  children while enhancing the capacity of families to provide for
  112  their children’s needs. Program services must include outreach,
  113  early intervention, and the provision of other supports and
  114  services to meet the child’s needs. The department shall
  115  collaborate with all relevant state and local agencies to
  116  provide needed services.
  118         (c) The office is authorized and directed to:
  119         1. Oversee the preparation and implementation of the state
  120  plan established under subsection (10) (9) and revise and update
  121  the state plan as necessary.
  122         2. Provide for or make available continuing professional
  123  education and training in the prevention of child abuse and
  124  neglect.
  125         3. Work to secure funding in the form of appropriations,
  126  gifts, and grants from the state, the Federal Government, and
  127  other public and private sources in order to ensure that
  128  sufficient funds are available for the promotion of adoption,
  129  support of adoptive families, and child abuse prevention
  130  efforts.
  131         4. Make recommendations pertaining to agreements or
  132  contracts for the establishment and development of:
  133         a. Programs and services for the promotion of adoption,
  134  support of adoptive families, and prevention of child abuse and
  135  neglect.
  136         b. Training programs for the prevention of child abuse and
  137  neglect.
  138         c. Multidisciplinary and discipline-specific training
  139  programs for professionals with responsibilities affecting
  140  children, young adults, and families.
  141         d. Efforts to promote adoption.
  142         e. Postadoptive services to support adoptive families.
  143         5. Monitor, evaluate, and review the development and
  144  quality of local and statewide services and programs for the
  145  promotion of adoption, support of adoptive families, and
  146  prevention of child abuse and neglect and shall publish and
  147  distribute an annual report of its findings on or before January
  148  1 of each year to the Governor, the Speaker of the House of
  149  Representatives, the President of the Senate, the head of each
  150  state agency affected by the report, and the appropriate
  151  substantive committees of the Legislature. The report shall
  152  include:
  153         a. A summary of the activities of the office.
  154         b. A summary of the adoption data collected and reported to
  155  the federal Adoption and Foster Care Analysis and Reporting
  156  System (AFCARS) and the federal Administration for Children and
  157  Families.
  158         c. A summary of the child abuse prevention data collected
  159  and reported to the National Child Abuse and Neglect Data System
  160  (NCANDS) and the federal Administration for Children and
  161  Families.
  162         d. A summary detailing the timeliness of the adoption
  163  process for children adopted from within the child welfare
  164  system.
  165         e. Recommendations, by state agency, for the further
  166  development and improvement of services and programs for the
  167  promotion of adoption, support of adoptive families, and
  168  prevention of child abuse and neglect.
  169         f. Budget requests, adoption promotion and support needs,
  170  and child abuse prevention program needs by state agency.
  171         6. Work with the direct-support organization established
  172  under s. 39.0011 to receive financial assistance.
  173         (11)(10) FUNDING AND SUBSEQUENT PLANS.—
  174         (b) The office and the other agencies and organizations
  175  listed in paragraph (10)(a) (9)(a) shall readdress the state
  176  plan and make necessary revisions every 5 years, at a minimum.
  177  Such revisions shall be submitted to the Speaker of the House of
  178  Representatives and the President of the Senate no later than
  179  June 30 of each year divisible by 5. At least biennially, the
  180  office shall review the state plan and make any necessary
  181  revisions based on changing needs and program evaluation
  182  results. An annual progress report shall be submitted to update
  183  the state plan in the years between the 5-year intervals. In
  184  order to avoid duplication of effort, these required plans may
  185  be made a part of or merged with other plans required by either
  186  the state or Federal Government, so long as the portions of the
  187  other state or Federal Government plan that constitute the state
  188  plan for the promotion of adoption, support of adoptive
  189  families, and prevention of child abuse, abandonment, and
  190  neglect are clearly identified as such and are provided to the
  191  Speaker of the House of Representatives and the President of the
  192  Senate as required under this section above.
  193         Section 3. Present subsections (59) through (65) of section
  194  39.01, Florida Statutes, are redesignated as subsections (60)
  195  through (66), respectively, present subsections (67) through
  196  (69) are redesignated as subsections (68) through (70),
  197  respectively, present subsections (70) through (76) are
  198  redesignated as subsections (72) through (78), respectively, new
  199  subsections (31), (41), (59), (67), and (71) are added to that
  200  section, and subsections (7), (14), (18), (22), (26), and (27)
  201  and present subsections (28) through (41), (59), and (65) of
  202  that section are amended, to read:
  203         39.01 Definitions.—When used in this chapter, unless the
  204  context otherwise requires:
  205         (7) “Alleged juvenile sexual offender” means:
  206         (a) A child 12 years of age or younger who is alleged to
  207  have committed a violation of chapter 794, chapter 796, chapter
  208  800, s. 827.071, or s. 847.0133; or
  209         (b) A child who is alleged to have committed any violation
  210  of law or delinquent act involving juvenile sexual abuse.
  211  “Juvenile sexual abuse” means any sexual behavior which occurs
  212  without consent, without equality, or as a result of coercion.
  213  For purposes of this subsection paragraph, the following
  214  definitions apply:
  215         (a)1. “Coercion” means the exploitation of authority or the
  216  use of bribes, threats of force, or intimidation to gain
  217  cooperation or compliance.
  218         (b)2. “Equality” means two participants operating with the
  219  same level of power in a relationship, neither being controlled
  220  nor coerced by the other.
  221         (c)3. “Consent” means an agreement, including all of the
  222  following:
  223         1.a. Understanding what is proposed based on age, maturity,
  224  developmental level, functioning, and experience.
  225         2.b. Knowledge of societal standards for what is being
  226  proposed.
  227         3.c. Awareness of potential consequences and alternatives.
  228         4.d. Assumption that agreement or disagreement will be
  229  accepted equally.
  230         5.e. Voluntary decision.
  231         6.f. Mental competence.
  233  Juvenile sexual offender behavior ranges from noncontact sexual
  234  behavior such as making obscene phone calls, exhibitionism,
  235  voyeurism, and the showing or taking of lewd photographs to
  236  varying degrees of direct sexual contact, such as frottage,
  237  fondling, digital penetration, rape, fellatio, sodomy, and
  238  various other sexually aggressive acts.
  239         (14) “Child who has exhibited inappropriate sexual
  240  behavior” means a child who is 12 years of age or younger and
  241  who has been found by the department or the court to have
  242  committed an inappropriate sexual act.
  243         (18) “Comprehensive assessment” or “assessment” means the
  244  gathering of information for the evaluation of a child’s and
  245  caregiver’s physical, psychiatric, psychological, or mental
  246  health; developmental delays or challenges; and, educational,
  247  vocational, and social condition and family environment as they
  248  relate to the child’s and caregiver’s need for rehabilitative
  249  and treatment services, including substance abuse treatment
  250  services, mental health services, developmental services,
  251  literacy services, medical services, family services, and other
  252  specialized services, as appropriate.
  253         (22) “Diligent efforts by a parent” means a course of
  254  conduct which results in a meaningful change in the behavior of
  255  a parent that reduces reduction in risk to the child in the
  256  child’s home to the extent that would allow the child may to be
  257  safely placed permanently back in the home as set forth in the
  258  case plan.
  259         (26) “District” means any one of the 15 service districts
  260  of the department established pursuant to s. 20.19.
  261         (27) “District administrator” means the chief operating
  262  officer of each service district of the department as defined in
  263  s. 20.19(5) and, where appropriate, includes any district
  264  administrator whose service district falls within the boundaries
  265  of a judicial circuit.
  266         (26)(28) “Expedited termination of parental rights” means
  267  proceedings wherein a case plan with the goal of reunification
  268  is not being offered.
  269         (27)(29) “False report” means a report of abuse, neglect,
  270  or abandonment of a child to the central abuse hotline, which
  271  report is maliciously made for the purpose of:
  272         (a) Harassing, embarrassing, or harming another person;
  273         (b) Personal financial gain for the reporting person;
  274         (c) Acquiring custody of a child; or
  275         (d) Personal benefit for the reporting person in any other
  276  private dispute involving a child.
  278  The term “false report” does not include a report of abuse,
  279  neglect, or abandonment of a child made in good faith to the
  280  central abuse hotline.
  281         (28)(30) “Family” means a collective body of persons,
  282  consisting of a child and a parent, legal custodian, or adult
  283  relative, in which:
  284         (a) The persons reside in the same house or living unit; or
  285         (b) The parent, legal custodian, or adult relative has a
  286  legal responsibility by blood, marriage, or court order to
  287  support or care for the child.
  288         (29)(31) “Foster care” means care provided a child in a
  289  foster family or boarding home, group home, agency boarding
  290  home, child care institution, or any combination thereof.
  291         (30)(32) “Harm” to a child’s health or welfare can occur
  292  when any person:
  293         (a) Inflicts or allows to be inflicted upon the child
  294  physical, mental, or emotional injury. In determining whether
  295  harm has occurred, the following factors must be considered in
  296  evaluating any physical, mental, or emotional injury to a child:
  297  the age of the child; any prior history of injuries to the
  298  child; the location of the injury on the body of the child; the
  299  multiplicity of the injury; and the type of trauma inflicted.
  300  Such injury includes, but is not limited to:
  301         1. Willful acts that produce the following specific
  302  injuries:
  303         a. Sprains, dislocations, or cartilage damage.
  304         b. Bone or skull fractures.
  305         c. Brain or spinal cord damage.
  306         d. Intracranial hemorrhage or injury to other internal
  307  organs.
  308         e. Asphyxiation, suffocation, or drowning.
  309         f. Injury resulting from the use of a deadly weapon.
  310         g. Burns or scalding.
  311         h. Cuts, lacerations, punctures, or bites.
  312         i. Permanent or temporary disfigurement.
  313         j. Permanent or temporary loss or impairment of a body part
  314  or function.
  316  As used in this subparagraph, the term “willful” refers to the
  317  intent to perform an action, not to the intent to achieve a
  318  result or to cause an injury.
  319         2. Purposely giving a child poison, alcohol, drugs, or
  320  other substances that substantially affect the child’s behavior,
  321  motor coordination, or judgment or that result in sickness or
  322  internal injury. For the purposes of this subparagraph, the term
  323  “drugs” means prescription drugs not prescribed for the child or
  324  not administered as prescribed, and controlled substances as
  325  outlined in Schedule I or Schedule II of s. 893.03.
  326         3. Leaving a child without adult supervision or arrangement
  327  appropriate for the child’s age or mental or physical condition,
  328  so that the child is unable to care for the child’s own needs or
  329  another’s basic needs or is unable to exercise good judgment in
  330  responding to any kind of physical or emotional crisis.
  331         4. Inappropriate or excessively harsh disciplinary action
  332  that is likely to result in physical injury, mental injury as
  333  defined in this section, or emotional injury. The significance
  334  of any injury must be evaluated in light of the following
  335  factors: the age of the child; any prior history of injuries to
  336  the child; the location of the injury on the body of the child;
  337  the multiplicity of the injury; and the type of trauma
  338  inflicted. Corporal discipline may be considered excessive or
  339  abusive when it results in any of the following or other similar
  340  injuries:
  341         a. Sprains, dislocations, or cartilage damage.
  342         b. Bone or skull fractures.
  343         c. Brain or spinal cord damage.
  344         d. Intracranial hemorrhage or injury to other internal
  345  organs.
  346         e. Asphyxiation, suffocation, or drowning.
  347         f. Injury resulting from the use of a deadly weapon.
  348         g. Burns or scalding.
  349         h. Cuts, lacerations, punctures, or bites.
  350         i. Permanent or temporary disfigurement.
  351         j. Permanent or temporary loss or impairment of a body part
  352  or function.
  353         k. Significant bruises or welts.
  354         (b) Commits, or allows to be committed, sexual battery, as
  355  defined in chapter 794, or lewd or lascivious acts, as defined
  356  in chapter 800, against the child.
  357         (c) Allows, encourages, or forces the sexual exploitation
  358  of a child, which includes allowing, encouraging, or forcing a
  359  child to:
  360         1. Solicit for or engage in prostitution; or
  361         2. Engage in a sexual performance, as defined by chapter
  362  827.
  363         (d) Exploits a child, or allows a child to be exploited, as
  364  provided in s. 450.151.
  365         (e) Abandons the child. Within the context of the
  366  definition of “harm,” the term “abandoned the child” or
  367  “abandonment of the child” means a situation in which the parent
  368  or legal custodian of a child or, in the absence of a parent or
  369  legal custodian, the caregiver, while being able, has made no
  370  significant contribution to the child’s care and maintenance or
  371  has failed to establish or maintain a substantial and positive
  372  relationship with the child, or both. For purposes of this
  373  paragraph, “establish or maintain a substantial and positive
  374  relationship” includes, but is not limited to, frequent and
  375  regular contact with the child through frequent and regular
  376  visitation or frequent and regular communication to or with the
  377  child, and the exercise of parental rights and responsibilities.
  378  Marginal efforts and incidental or token visits or
  379  communications are not sufficient to establish or maintain a
  380  substantial and positive relationship with a child. The term
  381  “abandoned” does not include a surrendered newborn infant as
  382  described in s. 383.50, a child in need of services as defined
  383  in chapter 984, or a family in need of services as defined in
  384  chapter 984. The incarceration, repeated incarceration, or
  385  extended incarceration of a parent, legal custodian, or
  386  caregiver responsible for a child’s welfare may support a
  387  finding of abandonment.
  388         (f) Neglects the child. Within the context of the
  389  definition of “harm,” the term “neglects the child” means that
  390  the parent or other person responsible for the child’s welfare
  391  fails to supply the child with adequate food, clothing, shelter,
  392  or health care, although financially able to do so or although
  393  offered financial or other means to do so. However, a parent or
  394  legal custodian who, by reason of the legitimate practice of
  395  religious beliefs, does not provide specified medical treatment
  396  for a child may not be considered abusive or neglectful for that
  397  reason alone, but such an exception does not:
  398         1. Eliminate the requirement that such a case be reported
  399  to the department;
  400         2. Prevent the department from investigating such a case;
  401  or
  402         3. Preclude a court from ordering, when the health of the
  403  child requires it, the provision of medical services by a
  404  physician, as defined in this section, or treatment by a duly
  405  accredited practitioner who relies solely on spiritual means for
  406  healing in accordance with the tenets and practices of a well
  407  recognized church or religious organization.
  408         (g) Exposes a child to a controlled substance or alcohol.
  409  Exposure to a controlled substance or alcohol is established by:
  410         1. A test, administered at birth, which indicated that the
  411  child’s blood, urine, or meconium contained any amount of
  412  alcohol or a controlled substance or metabolites of such
  413  substances, the presence of which was not the result of medical
  414  treatment administered to the mother or the newborn infant; or
  415         2. Evidence of extensive, abusive, and chronic use of a
  416  controlled substance or alcohol by a parent when the child is
  417  demonstrably adversely affected by such usage.
  419  As used in this paragraph, the term “controlled substance” means
  420  prescription drugs not prescribed for the parent or not
  421  administered as prescribed and controlled substances as outlined
  422  in Schedule I or Schedule II of s. 893.03.
  423         (h) Uses mechanical devices, unreasonable restraints, or
  424  extended periods of isolation to control a child.
  425         (i) Engages in violent behavior that demonstrates a wanton
  426  disregard for the presence of a child and could reasonably
  427  result in serious injury to the child.
  428         (j) Negligently fails to protect a child in his or her care
  429  from inflicted physical, mental, or sexual injury caused by the
  430  acts of another.
  431         (k) Has allowed a child’s sibling to die as a result of
  432  abuse, abandonment, or neglect.
  433         (l) Makes the child unavailable for the purpose of impeding
  434  or avoiding a protective investigation unless the court
  435  determines that the parent, legal custodian, or caregiver was
  436  fleeing from a situation involving domestic violence.
  437         (31) “Impending danger” means a situation in which family
  438  behaviors, attitudes, motives, emotions, or situations pose a
  439  threat that may not be currently active but that can be
  440  anticipated to become active and to have severe effects on a
  441  child at any time.
  442         (32)(33) “Institutional child abuse or neglect” means
  443  situations of known or suspected child abuse or neglect in which
  444  the person allegedly perpetrating the child abuse or neglect is
  445  an employee of a private school, public or private day care
  446  center, residential home, institution, facility, or agency or
  447  any other person at such institution responsible for the child’s
  448  care as defined in subsection (47).
  449         (33)(34) “Judge” means the circuit judge exercising
  450  jurisdiction pursuant to this chapter.
  451         (34)(35) “Legal custody” means a legal status created by a
  452  court which vests in a custodian of the person or guardian,
  453  whether an agency or an individual, the right to have physical
  454  custody of the child and the right and duty to protect, nurture,
  455  guide, and discipline the child and to provide him or her with
  456  food, shelter, education, and ordinary medical, dental,
  457  psychiatric, and psychological care.
  458         (35)(36) “Licensed child-caring agency” means a person,
  459  society, association, or agency licensed by the department to
  460  care for, receive, and board children.
  461         (36)(37) “Licensed child-placing agency” means a person,
  462  society, association, or institution licensed by the department
  463  to care for, receive, or board children and to place children in
  464  a licensed child-caring institution or a foster or adoptive
  465  home.
  466         (37)(38) “Licensed health care professional” means a
  467  physician licensed under chapter 458, an osteopathic physician
  468  licensed under chapter 459, a nurse licensed under part I of
  469  chapter 464, a physician assistant licensed under chapter 458 or
  470  chapter 459, or a dentist licensed under chapter 466.
  471         (38)(39) “Likely to injure oneself” means that, as
  472  evidenced by violent or other actively self-destructive
  473  behavior, it is more likely than not that within a 24-hour
  474  period the child will attempt to commit suicide or inflict
  475  serious bodily harm on himself or herself.
  476         (39)(40) “Likely to injure others” means that it is more
  477  likely than not that within a 24-hour period the child will
  478  inflict serious and unjustified bodily harm on another person.
  479         (40)(41) “Mediation” means a process whereby a neutral
  480  third person called a mediator acts to encourage and facilitate
  481  the resolution of a dispute between two or more parties. It is
  482  an informal and nonadversarial process with the objective of
  483  helping the disputing parties reach a mutually acceptable and
  484  voluntary agreement. The role of the mediator includes, but is
  485  not limited to, assisting the parties in identifying issues,
  486  fostering joint problem solving, and exploring settlement
  487  alternatives.
  488         (41) “Medical neglect” means the failure to provide or the
  489  failure to allow needed care as recommended by a health care
  490  practitioner for a physical injury, illness, medical condition,
  491  or impairment, or the failure to seek timely and appropriate
  492  medical care for a serious health problem that a reasonable
  493  person would have recognized as requiring professional medical
  494  attention. Medical neglect does not occur if the parent or legal
  495  guardian of the child has made reasonable attempts to obtain
  496  necessary health care services or the immediate health condition
  497  giving rise to the allegation of neglect is a known and expected
  498  complication of the child’s diagnosis or treatment and:
  499         (a) The recommended care offers limited net benefit to the
  500  child and the morbidity or other side effects of the treatment
  501  may be considered to be greater than the anticipated benefit; or
  502         (b) The parent or legal guardian received conflicting
  503  medical recommendations for treatment from multiple
  504  practitioners and did not follow all recommendations.
  505         (59) “Present danger” means a significant and clearly
  506  observable family condition that is occurring at the current
  507  moment and is already endangering or threatening to endanger the
  508  child. Present danger threats are conspicuous and require that
  509  an immediate protective action be taken to ensure the child’s
  510  safety.
  511         (60)(59) “Preventive services” means social services and
  512  other supportive and rehabilitative services provided to the
  513  parent or legal custodian of the child and to the child for the
  514  purpose of averting the removal of the child from the home or
  515  disruption of a family which will or could result in the
  516  placement of a child in foster care. Social services and other
  517  supportive and rehabilitative services shall promote the child’s
  518  developmental needs and need for physical, mental, and emotional
  519  health and a safe, stable, living environment;, shall promote
  520  family autonomy;, and shall strengthen family life, whenever
  521  possible.
  522         (66)(65) “Reunification services” means social services and
  523  other supportive and rehabilitative services provided to the
  524  parent of the child, to the child, and, where appropriate, to
  525  the relative placement, nonrelative placement, or foster parents
  526  of the child, for the purpose of enabling a child who has been
  527  placed in out-of-home care to safely return to his or her parent
  528  at the earliest possible time. The health and safety of the
  529  child shall be the paramount goal of social services and other
  530  supportive and rehabilitative services. The services shall
  531  promote the child’s need for physical, developmental, mental,
  532  and emotional health and a safe, stable, living environment;,
  533  shall promote family autonomy;, and shall strengthen family
  534  life, whenever possible.
  535         (67) “Safety plan” means a plan created to control present
  536  or impending danger using the least intrusive means appropriate
  537  to protect a child when a parent, caregiver, or legal custodian
  538  is unavailable, unwilling, or unable to do so.
  539         (71) “Sibling” means:
  540         (a) A child who shares a birth parent or legal parent with
  541  one or more other children; or
  542         (b) A child who has lived together in a family with one or
  543  more other children whom he or she identifies as siblings.
  544         Section 4. Subsection (12) is added to section 39.013,
  545  Florida Statutes, to read:
  546         39.013 Procedures and jurisdiction; right to counsel.—
  547         (12) The department shall be represented by counsel in each
  548  dependency proceeding. Through its attorneys, the department
  549  shall make recommendations to the court on issues before the
  550  court and may support its recommendations through testimony and
  551  other evidence by its own employees, employees of sheriff’s
  552  offices providing child protection services, employees of its
  553  contractors, employees of its contractor’s subcontractors, or
  554  from any other relevant source.
  555         Section 5. Paragraph (c) of subsection (2) of section
  556  39.201, Florida Statutes, is amended to read:
  557         39.201 Mandatory reports of child abuse, abandonment, or
  558  neglect; mandatory reports of death; central abuse hotline.—
  559         (2)
  560         (c) An alleged incident of juvenile sexual abuse involving
  561  a child who is in the custody of or protective supervision of
  562  the department shall be reported to the department’s central
  563  abuse hotline Reports involving a known or suspected juvenile
  564  sexual offender or a child who has exhibited inappropriate
  565  sexual behavior shall be made and received by the department.
  566         1. The department shall determine the age of the alleged
  567  offender, if known.
  568         2. If the alleged offender is 12 years of age or younger,
  569  The central abuse hotline shall immediately electronically
  570  transfer the report or call to the county sheriff’s office. The
  571  department shall conduct an assessment and assist the family in
  572  receiving appropriate services pursuant to s. 39.307, and send a
  573  written report of the allegation to the appropriate county
  574  sheriff’s office within 48 hours after the initial report is
  575  made to the central abuse hotline.
  576         2. The department shall ensure that the facts and results
  577  of any investigation of child sexual abuse involving a child in
  578  the custody of or under the protective supervision of the
  579  department are made known to the court at the next hearing or
  580  included in the next report to the court concerning the child.
  581         3. If the alleged offender is 13 years of age or older, the
  582  central abuse hotline shall immediately electronically transfer
  583  the report or call to the appropriate county sheriff’s office
  584  and send a written report to the appropriate county sheriff’s
  585  office within 48 hours after the initial report to the central
  586  abuse hotline.
  587         Section 6. Effective January 1, 2015, section 39.2015,
  588  Florida Statutes, is created to read:
  589         39.2015 Critical incident rapid response team.—
  590         (1) As part of the department’s quality assurance program,
  591  the department shall initiate an immediate multiagency
  592  investigation of certain child deaths or other serious
  593  incidents. The purpose of such investigation is to identify root
  594  causes and rapidly determine the need to change policies and
  595  practices related to child protection and child welfare.
  596         (2) A prompt investigation shall be conducted by a critical
  597  incident rapid response team for all child deaths reported to
  598  the department if the child or another child in his or her
  599  family was the subject of a verified report of suspected abuse
  600  or neglect during the previous 12 months. The secretary may
  601  direct a similar investigation for other cases involving serious
  602  injury to a child.
  603         (3) Each investigation shall be conducted by a multiagency
  604  team of at least five professionals with expertise in child
  605  protection, child welfare, and organizational management. The
  606  team may consist of employees of the department, community-based
  607  care lead agencies, Children’s Medical Services, and community
  608  based care provider organizations, or any other person with the
  609  required expertise. The majority of the team must reside in
  610  judicial circuits outside the location of the incident. The
  611  secretary shall appoint a team leader for each group assigned to
  612  an investigation.
  613         (4) An investigation shall be initiated as soon as
  614  possible. A preliminary report on each case shall be provided to
  615  the secretary no later than 30 days after the investigation
  616  begins.
  617         (5) Each member of the team is authorized to access all
  618  information in the case file.
  619         (6) All employees of the department or other state agencies
  620  and all personnel from community-based care lead agencies and
  621  community-based care lead agency subcontractors must cooperate
  622  with the investigation by participating in interviews and timely
  623  responding to any requests for information. The members of the
  624  team may only access the records and information of contracted
  625  provider organizations which are available to the department by
  626  law.
  627         (7) The secretary shall develop cooperative agreements with
  628  other entities and organizations as necessary to facilitate the
  629  work of the team.
  630         (8) Upon completion of the investigation, the department
  631  shall make the team’s final report, excluding any confidential
  632  information, available on its website.
  633         (9) The secretary shall develop guidelines for
  634  investigations conducted by critical incident rapid response
  635  teams and provide training to team members. Such guidelines must
  636  direct the teams in the conduct of a root-cause analysis that
  637  identifies, classifies, and attributes responsibility for both
  638  direct and latent causes for the death or other incident,
  639  including organizational factors, preconditions, and specific
  640  acts or omissions resulting from either error or a violation of
  641  procedures.
  642         Section 7. Section 39.2022, Florida Statutes, is created to
  643  read:
  644         39.2022 Public disclosure of reported child deaths.—
  645         (1) It is the intent of the Legislature to provide prompt
  646  disclosure of the basic facts of all deaths of children from
  647  birth through 18 years of age which occur in this state and
  648  which are reported to the department’s central abuse hotline.
  649  Disclosure shall be posted on the department’s public website.
  650  This section does not limit the public access to records under
  651  any other provision of law.
  652         (2) Notwithstanding s. 39.202, if a child death is reported
  653  to the central abuse hotline, the department shall post on its
  654  website all of the following:
  655         (a) The date of the child’s death.
  656         (b) Any allegations of the cause of death or the
  657  preliminary cause of death, and the verified cause of death, if
  658  known.
  659         (c) The county where the child resided.
  660         (d) The name of the community-based care lead agency, case
  661  management agency, or out-of-home licensing agency involved with
  662  the child, family, or licensed caregiver, if applicable.
  663         (e)Whether the child has been the subject of any prior
  664  verified reports to the department’s central abuse hotline.
  665         Section 8. Subsections (9) and (14) of section 39.301,
  666  Florida Statutes, are amended to read:
  667         39.301 Initiation of protective investigations.—
  668         (9)(a) For each report received from the central abuse
  669  hotline and accepted for investigation, the department or the
  670  sheriff providing child protective investigative services under
  671  s. 39.3065, shall perform the following child protective
  672  investigation activities to determine child safety:
  673         1. Conduct a review of all relevant, available information
  674  specific to the child and family and alleged maltreatment;
  675  family child welfare history; local, state, and federal criminal
  676  records checks; and requests for law enforcement assistance
  677  provided by the abuse hotline. Based on a review of available
  678  information, including the allegations in the current report, a
  679  determination shall be made as to whether immediate consultation
  680  should occur with law enforcement, the child protection team, a
  681  domestic violence shelter or advocate, or a substance abuse or
  682  mental health professional. Such consultations should include
  683  discussion as to whether a joint response is necessary and
  684  feasible. A determination shall be made as to whether the person
  685  making the report should be contacted before the face-to-face
  686  interviews with the child and family members.
  687         2. Conduct face-to-face interviews with the child; other
  688  siblings, if any; and the parents, legal custodians, or
  689  caregivers.
  690         3. Assess the child’s residence, including a determination
  691  of the composition of the family and household, including the
  692  name, address, date of birth, social security number, sex, and
  693  race of each child named in the report; any siblings or other
  694  children in the same household or in the care of the same
  695  adults; the parents, legal custodians, or caregivers; and any
  696  other adults in the same household.
  697         4. Determine whether there is any indication that any child
  698  in the family or household has been abused, abandoned, or
  699  neglected; the nature and extent of present or prior injuries,
  700  abuse, or neglect, and any evidence thereof; and a determination
  701  as to the person or persons apparently responsible for the
  702  abuse, abandonment, or neglect, including the name, address,
  703  date of birth, social security number, sex, and race of each
  704  such person.
  705         5. Complete assessment of immediate child safety for each
  706  child based on available records, interviews, and observations
  707  with all persons named in subparagraph 2. and appropriate
  708  collateral contacts, which may include other professionals. The
  709  department’s child protection investigators are hereby
  710  designated a criminal justice agency for the purpose of
  711  accessing criminal justice information to be used for enforcing
  712  this state’s laws concerning the crimes of child abuse,
  713  abandonment, and neglect. This information shall be used solely
  714  for purposes supporting the detection, apprehension,
  715  prosecution, pretrial release, posttrial release, or
  716  rehabilitation of criminal offenders or persons accused of the
  717  crimes of child abuse, abandonment, or neglect and may not be
  718  further disseminated or used for any other purpose.
  719         6. Document the present and impending dangers to each child
  720  based on the identification of inadequate protective capacity
  721  through utilization of a standardized safety assessment
  722  instrument. If present or impending danger is identified, the
  723  child protective investigator must implement a safety plan or
  724  take the child into custody. If present danger is identified and
  725  the child is not removed, the child protective investigator
  726  shall create and implement a safety plan before leaving the home
  727  or the location where there is present danger. If impending
  728  danger is identified, the child protective investigator shall
  729  create and implement a safety plan as soon as necessary to
  730  protect the safety of the child. The child protective
  731  investigator may modify the safety plan if he or she identifies
  732  additional impending danger.
  733         a. If the child protective investigator implements a safety
  734  plan, the plan must be specific, sufficient, feasible, and
  735  sustainable in response to the realities of the present or
  736  impending danger. A safety plan may be an in-home plan or an
  737  out-of-home plan, or a combination of both. A safety plan may
  738  not rely solely on promissory commitments by the parent,
  739  caregiver, or legal custodian who is currently not able to
  740  protect the child or on services that are not available or will
  741  not result in the safety of the child. A safety plan may not be
  742  implemented if for any reason the parents, guardian, or legal
  743  custodian lacks the capacity or ability to comply with the plan.
  744  If the department is not able to develop a plan that is
  745  specific, sufficient, feasible, and sustainable, the department
  746  shall file a shelter petition. A child protective investigator
  747  shall implement separate safety plans for the perpetrator of
  748  domestic violence and the parent who is a victim of domestic
  749  violence as defined in s. 741.28. If the perpetrator of domestic
  750  violence is not the parent, guardian, or legal custodian of the
  751  child, the child protective investigator shall seek issuance of
  752  an injunction authorized by s. 39.504 to implement a safety plan
  753  for the perpetrator and impose any other conditions to protect
  754  the child. The safety plan for the parent who is a victim of
  755  domestic violence may not be shared with the perpetrator. If any
  756  party to a safety plan fails to comply with the safety plan
  757  resulting in the child being unsafe, the department shall file a
  758  shelter petition.
  759         b. The child protective investigator shall collaborate with
  760  the community-based care lead agency in the development of the
  761  safety plan as necessary to ensure that the safety plan is
  762  specific, sufficient, feasible, and sustainable. The child
  763  protective investigator shall identify services necessary for
  764  the successful implementation of the safety plan. The child
  765  protective investigator and the community-based care lead agency
  766  shall mobilize service resources to assist all parties in
  767  complying with the safety plan. The community-based care lead
  768  agency shall prioritize safety plan services to families who
  769  have multiple risk factors, including, but not limited to, two
  770  or more of the following:
  771         (I) The parent or legal custodian is of young age;
  772         (II) The parent or legal custodian, or an adult currently
  773  living in or frequently visiting the home, has a history of
  774  substance abuse, mental illness, or domestic violence;
  775         (III) The parent or legal custodian, or an adult currently
  776  living in or frequently visiting the home, has been previously
  777  found to have physically or sexually abused a child;
  778         (IV) The parent or legal custodian or an adult currently
  779  living in or frequently visiting the home has been the subject
  780  of multiple allegations by reputable reports of abuse or
  781  neglect;
  782         (V) The child is physically or developmentally disabled; or
  783         (VI) The child is 3 years of age or younger.
  784         c. The child protective investigator shall monitor the
  785  implementation of the plan to ensure the child’s safety until
  786  the case is transferred to the lead agency at which time the
  787  lead agency shall monitor the implementation.
  788         (b) Upon completion of the immediate safety assessment, the
  789  department shall determine the additional activities necessary
  790  to assess impending dangers, if any, and close the
  791  investigation.
  792         (b)(c) For each report received from the central abuse
  793  hotline, the department or the sheriff providing child
  794  protective investigative services under s. 39.3065, shall
  795  determine the protective, treatment, and ameliorative services
  796  necessary to safeguard and ensure the child’s safety and well
  797  being and development, and cause the delivery of those services
  798  through the early intervention of the department or its agent.
  799  As applicable, child protective investigators must inform
  800  parents and caregivers how and when to use the injunction
  801  process under s. 741.30 to remove a perpetrator of domestic
  802  violence from the home as an intervention to protect the child.
  803         1. If the department or the sheriff providing child
  804  protective investigative services determines that the interests
  805  of the child and the public will be best served by providing the
  806  child care or other treatment voluntarily accepted by the child
  807  and the parents or legal custodians, the parent or legal
  808  custodian and child may be referred for such care, case
  809  management, or other community resources.
  810         2. If the department or the sheriff providing child
  811  protective investigative services determines that the child is
  812  in need of protection and supervision, the department may file a
  813  petition for dependency.
  814         3. If a petition for dependency is not being filed by the
  815  department, the person or agency originating the report shall be
  816  advised of the right to file a petition pursuant to this part.
  817         4. At the close of an investigation, the department or the
  818  sheriff providing child protective services shall provide to the
  819  person who is alleged to have caused the abuse, neglect, or
  820  abandonment and the parent or legal custodian a summary of
  821  findings from the investigation and provide information about
  822  their right to access confidential reports in accordance with s.
  823  39.202.
  824         (14)(a) If the department or its agent determines that a
  825  child requires immediate or long-term protection through:
  826         1. medical or other health care; or
  827         2. homemaker care, day care, protective supervision, or
  828  other services to stabilize the home environment, including
  829  intensive family preservation services through the Intensive
  830  Crisis Counseling Program, such services shall first be offered
  831  for voluntary acceptance unless:
  832         1. There are high-risk factors that may impact the ability
  833  of the parents or legal custodians to exercise judgment. Such
  834  factors may include the parents’ or legal custodians’ young age
  835  or history of substance abuse, mental illness, or domestic
  836  violence; or
  837         2. There is a high likelihood of lack of compliance with
  838  voluntary services, and such noncompliance would result in the
  839  child being unsafe.
  840         (b) The parents or legal custodians shall be informed of
  841  the right to refuse services, as well as the responsibility of
  842  the department to protect the child regardless of the acceptance
  843  or refusal of services. If the services are refused, a
  844  collateral contact shall include a relative, if the protective
  845  investigator has knowledge of and the ability to contact a
  846  relative. If the services are refused and the department deems
  847  that the child’s need for protection so requires services, the
  848  department shall take the child into protective custody or
  849  petition the court as provided in this chapter. At any time
  850  after the commencement of a protective investigation, a relative
  851  may submit in writing to the protective investigator or case
  852  manager a request to receive notification of all proceedings and
  853  hearings in accordance with s. 39.502. The request shall include
  854  the relative’s name, address, and phone number and the
  855  relative’s relationship to the child. The protective
  856  investigator or case manager shall forward such request to the
  857  attorney for the department. The failure to provide notice to
  858  either a relative who requests it pursuant to this subsection or
  859  to a relative who is providing out-of-home care for a child may
  860  not result in any previous action of the court at any stage or
  861  proceeding in dependency or termination of parental rights under
  862  any part of this chapter being set aside, reversed, modified, or
  863  in any way changed absent a finding by the court that a change
  864  is required in the child’s best interests.
  865         (c) The department, in consultation with the judiciary,
  866  shall adopt by rule:
  867         1. Criteria that are factors requiring that the department
  868  take the child into custody, petition the court as provided in
  869  this chapter, or, if the child is not taken into custody or a
  870  petition is not filed with the court, conduct an administrative
  871  review. Such factors must include, but are not limited to,
  872  noncompliance with a safety plan or the case plan developed by
  873  the department, and the family under this chapter, and prior
  874  abuse reports with findings that involve the child, the child’s
  875  sibling, or the child’s caregiver.
  876         2. Requirements that if after an administrative review the
  877  department determines not to take the child into custody or
  878  petition the court, the department shall document the reason for
  879  its decision in writing and include it in the investigative
  880  file. For all cases that were accepted by the local law
  881  enforcement agency for criminal investigation pursuant to
  882  subsection (2), the department must include in the file written
  883  documentation that the administrative review included input from
  884  law enforcement. In addition, for all cases that must be
  885  referred to child protection teams pursuant to s. 39.303(2) and
  886  (3), the file must include written documentation that the
  887  administrative review included the results of the team’s
  888  evaluation. Factors that must be included in the development of
  889  the rule include noncompliance with the case plan developed by
  890  the department, or its agent, and the family under this chapter
  891  and prior abuse reports with findings that involve the child or
  892  caregiver.
  893         Section 9. Section 39.303, Florida Statutes, is amended to
  894  read:
  895         39.303 Child protection teams; services; eligible cases.
  896  The Children’s Medical Services Program in the Department of
  897  Health shall develop, maintain, and coordinate the services of
  898  one or more multidisciplinary child protection teams in each of
  899  the service districts of the Department of Children and Families
  900  Family Services. Such teams may be composed of appropriate
  901  representatives of school districts and appropriate health,
  902  mental health, social service, legal service, and law
  903  enforcement agencies. The Legislature finds that optimal
  904  coordination of child protection teams and sexual abuse
  905  treatment programs requires collaboration between The Department
  906  of Health and the Department of Children and Families Family
  907  Services. The two departments shall maintain an interagency
  908  agreement that establishes protocols for oversight and
  909  operations of child protection teams and sexual abuse treatment
  910  programs. The State Surgeon General and the Deputy Secretary for
  911  Children’s Medical Services, in consultation with the Secretary
  912  of Children and Families Family Services, shall maintain the
  913  responsibility for the screening, employment, and, if necessary,
  914  the termination of child protection team medical directors, at
  915  headquarters and in the 15 districts. Child protection team
  916  medical directors shall be responsible for oversight of the
  917  teams in the districts.
  918         (1) The Department of Health shall use utilize and convene
  919  the teams to supplement the assessment and protective
  920  supervision activities of the family safety and preservation
  921  program of the Department of Children and Families Family
  922  Services. Nothing in This section does not shall be construed to
  923  remove or reduce the duty and responsibility of any person to
  924  report pursuant to this chapter all suspected or actual cases of
  925  child abuse, abandonment, or neglect or sexual abuse of a child.
  926  The role of the teams shall be to support activities of the
  927  program and to provide services deemed by the teams to be
  928  necessary and appropriate to abused, abandoned, and neglected
  929  children upon referral. The specialized diagnostic assessment,
  930  evaluation, coordination, consultation, and other supportive
  931  services that a child protection team shall be capable of
  932  providing include, but are not limited to, the following:
  933         (a) Medical diagnosis and evaluation services, including
  934  provision or interpretation of X rays and laboratory tests, and
  935  related services, as needed, and documentation of related
  936  findings relative thereto.
  937         (b) Telephone consultation services in emergencies and in
  938  other situations.
  939         (c) Medical evaluation related to abuse, abandonment, or
  940  neglect, as defined by policy or rule of the Department of
  941  Health.
  942         (d) Such psychological and psychiatric diagnosis and
  943  evaluation services for the child or the child’s parent or
  944  parents, legal custodian or custodians, or other caregivers, or
  945  any other individual involved in a child abuse, abandonment, or
  946  neglect case, as the team may determine to be needed.
  947         (e) Expert medical, psychological, and related professional
  948  testimony in court cases.
  949         (f) Case staffings to develop treatment plans for children
  950  whose cases have been referred to the team. A child protection
  951  team may provide consultation with respect to a child who is
  952  alleged or is shown to be abused, abandoned, or neglected, which
  953  consultation shall be provided at the request of a
  954  representative of the family safety and preservation program or
  955  at the request of any other professional involved with a child
  956  or the child’s parent or parents, legal custodian or custodians,
  957  or other caregivers. In every such child protection team case
  958  staffing, consultation, or staff activity involving a child, a
  959  family safety and preservation program representative shall
  960  attend and participate.
  961         (g) Case service coordination and assistance, including the
  962  location of services available from other public and private
  963  agencies in the community.
  964         (h) Such training services for program and other employees
  965  of the Department of Children and Families Family Services,
  966  employees of the Department of Health, and other medical
  967  professionals as is deemed appropriate to enable them to develop
  968  and maintain their professional skills and abilities in handling
  969  child abuse, abandonment, and neglect cases.
  970         (i) Educational and community awareness campaigns on child
  971  abuse, abandonment, and neglect in an effort to enable citizens
  972  more successfully to prevent, identify, and treat child abuse,
  973  abandonment, and neglect in the community.
  974         (j) Child protection team assessments that include, as
  975  appropriate, medical evaluations, medical consultations, family
  976  psychosocial interviews, specialized clinical interviews, or
  977  forensic interviews.
  979  All medical personnel participating on a child protection team
  980  must successfully complete the required child protection team
  981  training curriculum as set forth in protocols determined by the
  982  Deputy Secretary for Children’s Medical Services and the
  983  Statewide Medical Director for Child Protection. A child
  984  protection team that is evaluating a report of medical neglect
  985  and assessing the health care needs of a medically complex child
  986  shall consult with a physician who has experience in treating
  987  children with the same condition.
  988         (2) The child abuse, abandonment, and neglect reports that
  989  must be referred by the department to child protection teams of
  990  the Department of Health for an assessment and other appropriate
  991  available support services as set forth in subsection (1) must
  992  include cases involving:
  993         (a) Injuries to the head, bruises to the neck or head,
  994  burns, or fractures in a child of any age.
  995         (b) Bruises anywhere on a child 5 years of age or under.
  996         (c) Any report alleging sexual abuse of a child.
  997         (d) Any sexually transmitted disease in a prepubescent
  998  child.
  999         (e) Reported malnutrition of a child and failure of a child
 1000  to thrive.
 1001         (f) Reported medical neglect of a child.
 1002         (g) Any family in which one or more children have been
 1003  pronounced dead on arrival at a hospital or other health care
 1004  facility, or have been injured and later died, as a result of
 1005  suspected abuse, abandonment, or neglect, when any sibling or
 1006  other child remains in the home.
 1007         (h) Symptoms of serious emotional problems in a child when
 1008  emotional or other abuse, abandonment, or neglect is suspected.
 1009         (3) All abuse and neglect cases transmitted for
 1010  investigation to a district by the hotline must be
 1011  simultaneously transmitted to the Department of Health child
 1012  protection team for review. For the purpose of determining
 1013  whether face-to-face medical evaluation by a child protection
 1014  team is necessary, all cases transmitted to the child protection
 1015  team which meet the criteria in subsection (2) must be timely
 1016  reviewed by:
 1017         (a) A physician licensed under chapter 458 or chapter 459
 1018  who holds board certification in pediatrics and is a member of a
 1019  child protection team;
 1020         (b) A physician licensed under chapter 458 or chapter 459
 1021  who holds board certification in a specialty other than
 1022  pediatrics, who may complete the review only when working under
 1023  the direction of a physician licensed under chapter 458 or
 1024  chapter 459 who holds board certification in pediatrics and is a
 1025  member of a child protection team;
 1026         (c) An advanced registered nurse practitioner licensed
 1027  under chapter 464 who has a specialty speciality in pediatrics
 1028  or family medicine and is a member of a child protection team;
 1029         (d) A physician assistant licensed under chapter 458 or
 1030  chapter 459, who may complete the review only when working under
 1031  the supervision of a physician licensed under chapter 458 or
 1032  chapter 459 who holds board certification in pediatrics and is a
 1033  member of a child protection team; or
 1034         (e) A registered nurse licensed under chapter 464, who may
 1035  complete the review only when working under the direct
 1036  supervision of a physician licensed under chapter 458 or chapter
 1037  459 who holds certification in pediatrics and is a member of a
 1038  child protection team.
 1039         (4) A face-to-face medical evaluation by a child protection
 1040  team is not necessary when:
 1041         (a) The child was examined for the alleged abuse or neglect
 1042  by a physician who is not a member of the child protection team,
 1043  and a consultation between the child protection team board
 1044  certified pediatrician, advanced registered nurse practitioner,
 1045  physician assistant working under the supervision of a child
 1046  protection team board-certified pediatrician, or registered
 1047  nurse working under the direct supervision of a child protection
 1048  team board-certified pediatrician, and the examining physician
 1049  concludes that a further medical evaluation is unnecessary;
 1050         (b) The child protective investigator, with supervisory
 1051  approval, has determined, after conducting a child safety
 1052  assessment, that there are no indications of injuries as
 1053  described in paragraphs (2)(a)-(h) as reported; or
 1054         (c) The child protection team board-certified pediatrician,
 1055  as authorized in subsection (3), determines that a medical
 1056  evaluation is not required.
 1058  Notwithstanding paragraphs (a), (b), and (c), a child protection
 1059  team pediatrician, as authorized in subsection (3), may
 1060  determine that a face-to-face medical evaluation is necessary.
 1061         (5) In all instances in which a child protection team is
 1062  providing certain services to abused, abandoned, or neglected
 1063  children, other offices and units of the Department of Health,
 1064  and offices and units of the Department of Children and Families
 1065  Family Services, shall avoid duplicating the provision of those
 1066  services.
 1067         (6) The Department of Health child protection team quality
 1068  assurance program and the Family Safety Program Office of the
 1069  Department of Children and Families Family Services’ Family
 1070  Safety Program Office quality assurance program shall
 1071  collaborate to ensure referrals and responses to child abuse,
 1072  abandonment, and neglect reports are appropriate. Each quality
 1073  assurance program shall include a review of records in which
 1074  there are no findings of abuse, abandonment, or neglect, and the
 1075  findings of these reviews shall be included in each department’s
 1076  quality assurance reports.
 1077         Section 10. Section 39.3068, Florida Statutes, is created
 1078  to read:
 1079         39.3068 Reports of medical neglect.—
 1080         (1) Upon receiving a report alleging medical neglect, the
 1081  department or sheriff’s office shall assign the case to a child
 1082  protective investigator who has specialized training in
 1083  addressing medical neglect or working with medically complex
 1084  children if such investigator is available. If a child
 1085  protective investigator with specialized training is not
 1086  available, the child protective investigator shall consult with
 1087  department staff with such expertise.
 1088         (2) The child protective investigator who has interacted
 1089  with the child and the child’s family shall promptly contact and
 1090  provide information to the child protection team. The child
 1091  protection team shall assist the child protective investigator
 1092  in identifying immediate responses to address the medical needs
 1093  of the child with the priority of maintaining the child in the
 1094  home if the parents will be able to meet the needs of the child
 1095  with additional services. The child protective investigator and
 1096  the child protection team must use a family-centered approach to
 1097  assess the capacity of the family to meet those needs. A family
 1098  centered approach is intended to increase independence on the
 1099  part of the family, accessibility to programs and services
 1100  within the community, and collaboration between families and
 1101  their service providers. The ethnic, cultural, economic, racial,
 1102  social, and religious diversity of families must be respected
 1103  and considered in the development and provision of services.
 1104         (3) The child shall be evaluated by the child protection
 1105  team as soon as practicable. After receipt of the report from
 1106  the child protection team, the department shall convene a case
 1107  staffing which shall be attended, at a minimum, by the child
 1108  protective investigator; department legal staff; and
 1109  representatives from the child protection team that evaluated
 1110  the child, Children’s Medical Services, the Agency for Health
 1111  Care Administration, the community-based care lead agency, and
 1112  any providers of services to the child. However, the Agency for
 1113  Health Care Administration is not required to attend the
 1114  staffing if the child is not Medicaid eligible. The staffing
 1115  shall consider, at a minimum, available services, given the
 1116  family’s eligibility for services; services that are effective
 1117  in addressing conditions leading to medical neglect allegations;
 1118  and services that would enable the child to safely remain at
 1119  home. Any services that are available and effective shall be
 1120  provided.
 1121         Section 11. Section 39.307, Florida Statutes, is amended to
 1122  read:
 1123         39.307 Reports of child-on-child sexual abuse.—
 1124         (1) Upon receiving a report alleging juvenile sexual abuse
 1125  or inappropriate sexual behavior as defined in s. 39.01(7)
 1126  involving any child younger than 12 years of age and any child
 1127  17 years of age or younger who is in the custody of or under the
 1128  protective supervision of the department, the department shall
 1129  assist the family, child, and caregiver in receiving appropriate
 1130  services to address the allegations of the report.
 1131         (a) The department shall ensure that information describing
 1132  the child’s history of child sexual abuse is included in the
 1133  child’s electronic record. This record must also include
 1134  information describing the services the child has received as a
 1135  result of his or her involvement with child sexual abuse.
 1136         (b) Placement decisions for a child who has been involved
 1137  with child sexual abuse must include consideration of the needs
 1138  of the child and any other children in the placement.
 1139         (c) The department shall monitor the occurrence of child
 1140  sexual abuse and the provision of services to children involved
 1141  in child sexual abuse, juvenile sexual abuse, or who have
 1142  displayed inappropriate sexual behavior.
 1143         (2) The department, contracted sheriff’s office providing
 1144  protective investigation services, or contracted case management
 1145  personnel responsible for providing services, at a minimum,
 1146  shall adhere to the following procedures:
 1147         (a) The purpose of the response to a report alleging
 1148  juvenile sexual abuse behavior or inappropriate sexual behavior
 1149  shall be explained to the caregiver.
 1150         1. The purpose of the response shall be explained in a
 1151  manner consistent with legislative purpose and intent provided
 1152  in this chapter.
 1153         2. The name and office telephone number of the person
 1154  responding shall be provided to the caregiver of the alleged
 1155  abuser juvenile sexual offender or child who has exhibited
 1156  inappropriate sexual behavior and the victim’s caregiver.
 1157         3. The possible consequences of the department’s response,
 1158  including outcomes and services, shall be explained to the
 1159  caregiver of the alleged abuser juvenile sexual offender or
 1160  child who has exhibited inappropriate sexual behavior and the
 1161  victim’s caregiver.
 1162         (b) The caregiver of the alleged abuser juvenile sexual
 1163  offender or child who has exhibited inappropriate sexual
 1164  behavior and the victim’s caregiver shall be involved to the
 1165  fullest extent possible in determining the nature of the sexual
 1166  behavior concerns and the nature of any problem or risk to other
 1167  children.
 1168         (c) The assessment of risk and the perceived treatment
 1169  needs of the alleged abuser juvenile sexual offender or child
 1170  who has exhibited inappropriate sexual behavior, the victim, and
 1171  respective caregivers shall be conducted by the district staff,
 1172  the child protection team of the Department of Health, and other
 1173  providers under contract with the department to provide services
 1174  to the caregiver of the alleged offender, the victim, and the
 1175  victim’s caregiver.
 1176         (d) The assessment shall be conducted in a manner that is
 1177  sensitive to the social, economic, and cultural environment of
 1178  the family.
 1179         (e) If necessary, the child protection team of the
 1180  Department of Health shall conduct a physical examination of the
 1181  victim, which is sufficient to meet forensic requirements.
 1182         (f) Based on the information obtained from the alleged
 1183  abuser juvenile sexual offender or child who has exhibited
 1184  inappropriate sexual behavior, his or her caregiver, the victim,
 1185  and the victim’s caregiver, an assessment of service and
 1186  treatment needs must be completed and, if needed, a case plan
 1187  developed within 30 days.
 1188         (g) The department shall classify the outcome of the report
 1189  as follows:
 1190         1. Report closed. Services were not offered because the
 1191  department determined that there was no basis for intervention.
 1192         2. Services accepted by alleged abuser juvenile sexual
 1193  offender. Services were offered to the alleged abuser juvenile
 1194  sexual offender or child who has exhibited inappropriate sexual
 1195  behavior and accepted by the caregiver.
 1196         3. Report closed. Services were offered to the alleged
 1197  abuser juvenile sexual offender or child who has exhibited
 1198  inappropriate sexual behavior, but were rejected by the
 1199  caregiver.
 1200         4. Notification to law enforcement. The risk to the
 1201  victim’s safety and well-being cannot be reduced by the
 1202  provision of services or the caregiver rejected services, and
 1203  notification of the alleged delinquent act or violation of law
 1204  to the appropriate law enforcement agency was initiated.
 1205         5. Services accepted by victim. Services were offered to
 1206  the victim and accepted by the caregiver.
 1207         6. Report closed. Services were offered to the victim but
 1208  were rejected by the caregiver.
 1209         (3) If services have been accepted by the alleged abuser
 1210  juvenile sexual offender or child who has exhibited
 1211  inappropriate sexual behavior, the victim, and respective
 1212  caregivers, the department shall designate a case manager and
 1213  develop a specific case plan.
 1214         (a) Upon receipt of the plan, the caregiver shall indicate
 1215  its acceptance of the plan in writing.
 1216         (b) The case manager shall periodically review the progress
 1217  toward achieving the objectives of the plan in order to:
 1218         1. Make adjustments to the plan or take additional action
 1219  as provided in this part; or
 1220         2. Terminate the case if indicated by successful or
 1221  substantial achievement of the objectives of the plan.
 1222         (4) Services provided to the alleged abuser juvenile sexual
 1223  offender or child who has exhibited inappropriate sexual
 1224  behavior, the victim, and respective caregivers or family must
 1225  be voluntary and of necessary duration.
 1226         (5) If the family or caregiver of the alleged abuser
 1227  juvenile sexual offender or child who has exhibited
 1228  inappropriate sexual behavior fails to adequately participate or
 1229  allow for the adequate participation of the child in the
 1230  services or treatment delineated in the case plan, the case
 1231  manager may recommend that the department:
 1232         (a) Close the case;
 1233         (b) Refer the case to mediation or arbitration, if
 1234  available; or
 1235         (c) Notify the appropriate law enforcement agency of
 1236  failure to comply.
 1237         (6) At any time, as a result of additional information,
 1238  findings of facts, or changing conditions, the department may
 1239  pursue a child protective investigation as provided in this
 1240  chapter.
 1241         (7) The department may adopt is authorized to develop rules
 1242  and other policy directives necessary to administer implement
 1243  the provisions of this section.
 1244         Section 12. Paragraph (h) of subsection (8) and subsection
 1245  (9) of section 39.402, Florida Statutes, are amended to read:
 1246         39.402 Placement in a shelter.—
 1247         (8)
 1248         (h) The order for placement of a child in shelter care must
 1249  identify the parties present at the hearing and must contain
 1250  written findings:
 1251         1. That placement in shelter care is necessary based on the
 1252  criteria in subsections (1) and (2).
 1253         2. That placement in shelter care is in the best interest
 1254  of the child.
 1255         3. That continuation of the child in the home is contrary
 1256  to the welfare of the child because the home situation presents
 1257  a substantial and immediate danger to the child’s physical,
 1258  mental, or emotional health or safety which cannot be mitigated
 1259  by the provision of preventive services.
 1260         4. That based upon the allegations of the petition for
 1261  placement in shelter care, there is probable cause to believe
 1262  that the child is dependent or that the court needs additional
 1263  time, which may not exceed 72 hours, in which to obtain and
 1264  review documents pertaining to the family in order to
 1265  appropriately determine the risk to the child.
 1266         5. That the department has made reasonable efforts to
 1267  prevent or eliminate the need for removal of the child from the
 1268  home. A finding of reasonable effort by the department to
 1269  prevent or eliminate the need for removal may be made and the
 1270  department is deemed to have made reasonable efforts to prevent
 1271  or eliminate the need for removal if:
 1272         a. The first contact of the department with the family
 1273  occurs during an emergency;
 1274         b. The appraisal of the home situation by the department
 1275  indicates that the home situation presents a substantial and
 1276  immediate danger to the child’s physical, mental, or emotional
 1277  health or safety which cannot be mitigated by the provision of
 1278  preventive services;
 1279         c. The child cannot safely remain at home, either because
 1280  there are no preventive services that can ensure the health and
 1281  safety of the child or because, even with appropriate and
 1282  available services being provided, the health and safety of the
 1283  child cannot be ensured; or
 1284         d. The parent or legal custodian is alleged to have
 1285  committed any of the acts listed as grounds for expedited
 1286  termination of parental rights in s. 39.806(1)(f)-(i).
 1287         6. That the department has made reasonable efforts to keep
 1288  siblings together if they are removed and placed in out-of-home
 1289  care unless such placement is not in the best interest of each
 1290  child. Reasonable efforts shall prioritize placement with a
 1291  substitute family, but may include short-term placement in a
 1292  group home with the ability to accommodate sibling groups if
 1293  such a placement is available and in the best interest of each
 1294  child. The department shall report to the court its efforts to
 1295  place siblings together unless the court finds that such
 1296  placement is not in the best interest of a child or his or her
 1297  sibling.
 1298         7.6. That the court notified the parents, relatives that
 1299  are providing out-of-home care for the child, or legal
 1300  custodians of the time, date, and location of the next
 1301  dependency hearing and of the importance of the active
 1302  participation of the parents, relatives that are providing out
 1303  of-home care for the child, or legal custodians in all
 1304  proceedings and hearings.
 1305         8.7. That the court notified the parents or legal
 1306  custodians of their right to counsel to represent them at the
 1307  shelter hearing and at each subsequent hearing or proceeding,
 1308  and the right of the parents to appointed counsel, pursuant to
 1309  the procedures set forth in s. 39.013.
 1310         9.8. That the court notified relatives who are providing
 1311  out-of-home care for a child as a result of the shelter petition
 1312  being granted that they have the right to attend all subsequent
 1313  hearings, to submit reports to the court, and to speak to the
 1314  court regarding the child, if they so desire.
 1315         (9)(a) At any shelter hearing, the department shall provide
 1316  to the court a recommendation for scheduled contact between the
 1317  child and parents, if appropriate. The court shall determine
 1318  visitation rights absent a clear and convincing showing that
 1319  visitation is not in the best interest of the child. Any order
 1320  for visitation or other contact must conform to the provisions
 1321  of s. 39.0139. If visitation is ordered but will not commence
 1322  within 72 hours of the shelter hearing, the department shall
 1323  provide justification to the court.
 1324         (b) If siblings who are removed from the home cannot be
 1325  placed together, the department shall provide to the court a
 1326  recommendation for frequent visitation or other ongoing
 1327  interaction between the siblings unless this interaction would
 1328  be contrary to a sibling’s safety or well-being. If visitation
 1329  among siblings is ordered but will not commence within 72 hours
 1330  after the shelter hearing, the department shall provide
 1331  justification to the court for the delay.
 1332         Section 13. Paragraph (d) of subsection (3) of section
 1333  39.501, Florida Statutes, is amended to read:
 1334         39.501 Petition for dependency.—
 1335         (3)
 1336         (d) The petitioner must state in the petition, if known,
 1337  whether:
 1338         1. A parent or legal custodian named in the petition has
 1339  previously unsuccessfully participated in voluntary services
 1340  offered by the department;
 1341         2. A parent or legal custodian named in the petition has
 1342  participated in mediation and whether a mediation agreement
 1343  exists;
 1344         3. A parent or legal custodian has rejected the voluntary
 1345  services offered by the department;
 1346         4. A parent or legal custodian named in the petition has
 1347  not fully complied with a safety plan; or
 1348         5.4. The department has determined that voluntary services
 1349  are not appropriate for the parent or legal custodian and the
 1350  reasons for such determination.
 1352  If the department is the petitioner, it shall provide all safety
 1353  plans as defined in s. 39.01 involving the parent or legal
 1354  custodian to the court.
 1355         Section 14. Paragraph (a) of subsection (4) of section
 1356  39.504, Florida Statutes, is amended to read:
 1357         39.504 Injunction pending disposition of petition;
 1358  penalty.—
 1359         (4) If an injunction is issued under this section, the
 1360  primary purpose of the injunction must be to protect and promote
 1361  the best interests of the child, taking the preservation of the
 1362  child’s immediate family into consideration.
 1363         (a) The injunction applies to the alleged or actual
 1364  offender in a case of child abuse or acts of domestic violence.
 1365  The conditions of the injunction shall be determined by the
 1366  court, which may include ordering the alleged or actual offender
 1367  to:
 1368         1. Refrain from further abuse or acts of domestic violence.
 1369         2. Participate in a specialized treatment program.
 1370         3. Limit contact or communication with the child victim,
 1371  other children in the home, or any other child.
 1372         4. Refrain from contacting the child at home, school, work,
 1373  or wherever the child may be found.
 1374         5. Have limited or supervised visitation with the child.
 1375         6. Vacate the home in which the child resides.
 1376         7. Comply with the terms of a safety plan implemented in
 1377  the injunction pursuant to s. 39.301.
 1378         Section 15. Section 39.5085, Florida Statutes, is amended
 1379  to read:
 1380         39.5085 Relative Caregiver Program.—
 1381         (1) It is the intent of the Legislature in enacting this
 1382  section to:
 1383         (a) Provide for the establishment of procedures and
 1384  protocols that serve to advance the continued safety of children
 1385  by acknowledging the valued resource uniquely available through
 1386  grandparents, and relatives of children, and specified
 1387  nonrelatives of children pursuant to subparagraph (2)(a)3.
 1388         (b) Recognize family relationships in which a grandparent
 1389  or other relative is the head of a household that includes a
 1390  child otherwise at risk of foster care placement.
 1391         (c) Enhance family preservation and stability by
 1392  recognizing that most children in such placements with
 1393  grandparents and other relatives do not need intensive
 1394  supervision of the placement by the courts or by the department.
 1395         (d) Recognize that permanency in the best interests of the
 1396  child can be achieved through a variety of permanency options,
 1397  including permanent guardianship under s. 39.6221 if the
 1398  guardian is a relative, by permanent placement with a fit and
 1399  willing relative under s. 39.6231, by a relative, guardianship
 1400  under chapter 744, or adoption, by providing additional
 1401  placement options and incentives that will achieve permanency
 1402  and stability for many children who are otherwise at risk of
 1403  foster care placement because of abuse, abandonment, or neglect,
 1404  but who may successfully be able to be placed by the dependency
 1405  court in the care of such relatives.
 1406         (e) Reserve the limited casework and supervisory resources
 1407  of the courts and the department for those cases in which
 1408  children do not have the option for safe, stable care within the
 1409  family.
 1410         (f) Recognize that a child may have a close relationship
 1411  with a person who is not a blood relative or a relative by
 1412  marriage and that such person should be eligible for financial
 1413  assistance under this section if he or she is able and willing
 1414  to care for the child and provide a safe, stable home
 1415  environment.
 1416         (2)(a) The Department of Children and Families Family
 1417  Services shall establish and operate the Relative Caregiver
 1418  Program pursuant to eligibility guidelines established in this
 1419  section as further implemented by rule of the department. The
 1420  Relative Caregiver Program shall, within the limits of available
 1421  funding, provide financial assistance to:
 1422         1. Relatives who are within the fifth degree by blood or
 1423  marriage to the parent or stepparent of a child and who are
 1424  caring full-time for that dependent child in the role of
 1425  substitute parent as a result of a court’s determination of
 1426  child abuse, neglect, or abandonment and subsequent placement
 1427  with the relative under this chapter.
 1428         2. Relatives who are within the fifth degree by blood or
 1429  marriage to the parent or stepparent of a child and who are
 1430  caring full-time for that dependent child, and a dependent half
 1431  brother or half-sister of that dependent child, in the role of
 1432  substitute parent as a result of a court’s determination of
 1433  child abuse, neglect, or abandonment and subsequent placement
 1434  with the relative under this chapter.
 1435         3. Nonrelatives who are willing to assume custody and care
 1436  of a dependent child in the role of substitute parent as a
 1437  result of a court’s determination of child abuse, neglect, or
 1438  abandonment and subsequent placement with the nonrelative
 1439  caregiver under this chapter. The court must find that a
 1440  proposed placement under this subparagraph is in the best
 1441  interest of the child.
 1443  The placement may be court-ordered temporary legal custody to
 1444  the relative or nonrelative under protective supervision of the
 1445  department pursuant to s. 39.521(1)(b)3., or court-ordered
 1446  placement in the home of a relative or nonrelative as a
 1447  permanency option under s. 39.6221 or s. 39.6231 or under former
 1448  s. 39.622 if the placement was made before July 1, 2006. The
 1449  Relative Caregiver Program shall offer financial assistance to
 1450  caregivers who are relatives and who would be unable to serve in
 1451  that capacity without the relative caregiver payment because of
 1452  financial burden, thus exposing the child to the trauma of
 1453  placement in a shelter or in foster care.
 1454         (b) Caregivers who are relatives and who receive assistance
 1455  under this section must be capable, as determined by a home
 1456  study, of providing a physically safe environment and a stable,
 1457  supportive home for the children under their care, and must
 1458  assure that the children’s well-being is met, including, but not
 1459  limited to, the provision of immunizations, education, and
 1460  mental health services as needed.
 1461         (c) Relatives or nonrelatives who qualify for and
 1462  participate in the Relative Caregiver Program are not required
 1463  to meet foster care licensing requirements under s. 409.175.
 1464         (d) Relatives or nonrelatives who are caring for children
 1465  placed with them by the court pursuant to this chapter shall
 1466  receive a special monthly relative caregiver benefit established
 1467  by rule of the department. The amount of the special benefit
 1468  payment shall be based on the child’s age within a payment
 1469  schedule established by rule of the department and subject to
 1470  availability of funding. The statewide average monthly rate for
 1471  children judicially placed with relatives or nonrelatives who
 1472  are not licensed as foster homes may not exceed 82 percent of
 1473  the statewide average foster care rate, and nor may the cost of
 1474  providing the assistance described in this section to any
 1475  relative caregiver may not exceed the cost of providing out-of
 1476  home care in emergency shelter or foster care.
 1477         (e) Children receiving cash benefits under this section are
 1478  not eligible to simultaneously receive WAGES cash benefits under
 1479  chapter 414.
 1480         (f) Within available funding, the Relative Caregiver
 1481  Program shall provide relative caregivers with family support
 1482  and preservation services, flexible funds in accordance with s.
 1483  409.165, school readiness, and other available services in order
 1484  to support the child’s safety, growth, and healthy development.
 1485  Children living with relative caregivers who are receiving
 1486  assistance under this section shall be eligible for Medicaid
 1487  coverage.
 1488         (g) The department may use appropriate available state,
 1489  federal, and private funds to operate the Relative Caregiver
 1490  Program. The department may develop liaison functions to be
 1491  available to relatives or nonrelatives who care for children
 1492  pursuant to this chapter to ensure placement stability in
 1493  extended family settings.
 1494         Section 16. Subsections (3) and (4) of section 39.604,
 1495  Florida Statutes, are amended to read:
 1496         39.604 Rilya Wilson Act; short title; legislative intent;
 1497  requirements; attendance and reporting responsibilities.—
 1498         (3) REQUIREMENTS.—A child from birth to the age of who is
 1499  age 3 years to school entry, under court-ordered court ordered
 1500  protective supervision or in the custody of the Family Safety
 1501  Program Office of the Department of Children and Families Family
 1502  Services or a community-based lead agency, and enrolled in a
 1503  licensed early education or child care program must attend be
 1504  enrolled to participate in the program 5 days a week.
 1505  Notwithstanding the requirements of s. 39.202, the Department of
 1506  Children and Families Family Services must notify operators of
 1507  the licensed early education or child care program, subject to
 1508  the reporting requirements of this act, of the enrollment of any
 1509  child from birth to the age of age 3 years to school entry,
 1510  under court-ordered court ordered protective supervision or in
 1511  the custody of the Family Safety Program Office of the
 1512  Department of Children and Families Family Services or a
 1513  community-based lead agency. When a child is enrolled in an
 1514  early education or child care program regulated by the
 1515  department, the child’s attendance in the program must be a
 1516  required action in the safety plan or the case plan developed
 1517  for the a child pursuant to this chapter who is enrolled in a
 1518  licensed early education or child care program must contain the
 1519  participation in this program as a required action. An exemption
 1520  to participating in the licensed early education or child care
 1521  program 5 days a week may be granted by the court.
 1523         (a) A child enrolled in a licensed early education or child
 1524  care program who meets the requirements of subsection (3) may
 1525  not be withdrawn from the program without the prior written
 1526  approval of the Family Safety Program Office of the Department
 1527  of Children and Families Family Services or the community-based
 1528  lead agency.
 1529         (b)1. If a child covered by this section is absent from the
 1530  program on a day when he or she is supposed to be present, the
 1531  person with whom the child resides must report the absence to
 1532  the program by the end of the business day. If the person with
 1533  whom the child resides, whether the parent or caregiver, fails
 1534  to timely report the absence, the absence is considered to be
 1535  unexcused. The program shall report any unexcused absence or
 1536  seven consecutive excused absences of a child who is enrolled in
 1537  the program and covered by this act to the local designated
 1538  staff of the Family Safety Program Office of the Department of
 1539  Children and Families Family Services or the community-based
 1540  lead agency by the end of the business day following the
 1541  unexcused absence or seventh consecutive excused absence.
 1542         2. The department or community-based lead agency shall
 1543  conduct a site visit to the residence of the child upon
 1544  receiving a report of two consecutive unexcused absences or
 1545  seven consecutive excused absences.
 1546         3. If the site visit results in a determination that the
 1547  child is missing, the department or community-based lead agency
 1548  shall report the child as missing to a law enforcement agency
 1549  and proceed with the necessary actions to locate the child
 1550  pursuant to procedures for locating missing children.
 1551         4. If the site visit results in a determination that the
 1552  child is not missing, the parent or caregiver shall be notified
 1553  that failure to ensure that the child attends the licensed early
 1554  education or child care program is a violation of the safety
 1555  plan or the case plan. If more than two site visits are
 1556  conducted pursuant to this subsection, staff shall initiate
 1557  action to notify the court of the parent or caregiver’s
 1558  noncompliance with the case plan.
 1559         Section 17. Paragraph (c) of subsection (2) and paragraph
 1560  (a) of subsection (3) of section 39.701, Florida Statutes, are
 1561  amended to read:
 1562         39.701 Judicial review.—
 1564  AGE.—
 1565         (c) Review determinations.—The court and any citizen review
 1566  panel shall take into consideration the information contained in
 1567  the social services study and investigation and all medical,
 1568  psychological, and educational records that support the terms of
 1569  the case plan; testimony by the social services agency, the
 1570  parent, the foster parent or legal custodian, the guardian ad
 1571  litem or surrogate parent for educational decisionmaking if one
 1572  has been appointed for the child, and any other person deemed
 1573  appropriate; and any relevant and material evidence submitted to
 1574  the court, including written and oral reports to the extent of
 1575  their probative value. These reports and evidence may be
 1576  received by the court in its effort to determine the action to
 1577  be taken with regard to the child and may be relied upon to the
 1578  extent of their probative value, even though not competent in an
 1579  adjudicatory hearing. In its deliberations, the court and any
 1580  citizen review panel shall seek to determine:
 1581         1. If the parent was advised of the right to receive
 1582  assistance from any person or social service agency in the
 1583  preparation of the case plan.
 1584         2. If the parent has been advised of the right to have
 1585  counsel present at the judicial review or citizen review
 1586  hearings. If not so advised, the court or citizen review panel
 1587  shall advise the parent of such right.
 1588         3. If a guardian ad litem needs to be appointed for the
 1589  child in a case in which a guardian ad litem has not previously
 1590  been appointed or if there is a need to continue a guardian ad
 1591  litem in a case in which a guardian ad litem has been appointed.
 1592         4. Who holds the rights to make educational decisions for
 1593  the child. If appropriate, the court may refer the child to the
 1594  district school superintendent for appointment of a surrogate
 1595  parent or may itself appoint a surrogate parent under the
 1596  Individuals with Disabilities Education Act and s. 39.0016.
 1597         5. The compliance or lack of compliance of all parties with
 1598  applicable items of the case plan, including the parents’
 1599  compliance with child support orders.
 1600         6. The compliance or lack of compliance with a visitation
 1601  contract between the parent and the social service agency for
 1602  contact with the child, including the frequency, duration, and
 1603  results of the parent-child visitation and the reason for any
 1604  noncompliance.
 1605         7. The frequency, kind, and duration of contacts among
 1606  siblings who have been separated during placement, as well as
 1607  any efforts undertaken to reunite separated siblings if doing so
 1608  is in the best interest of the child.
 1609         8.7. The compliance or lack of compliance of the parent in
 1610  meeting specified financial obligations pertaining to the care
 1611  of the child, including the reason for failure to comply, if
 1612  applicable such is the case.
 1613         9.8. Whether the child is receiving safe and proper care
 1614  according to s. 39.6012, including, but not limited to, the
 1615  appropriateness of the child’s current placement, including
 1616  whether the child is in a setting that is as family-like and as
 1617  close to the parent’s home as possible, consistent with the
 1618  child’s best interests and special needs, and including
 1619  maintaining stability in the child’s educational placement, as
 1620  documented by assurances from the community-based care provider
 1621  that:
 1622         a. The placement of the child takes into account the
 1623  appropriateness of the current educational setting and the
 1624  proximity to the school in which the child is enrolled at the
 1625  time of placement.
 1626         b. The community-based care agency has coordinated with
 1627  appropriate local educational agencies to ensure that the child
 1628  remains in the school in which the child is enrolled at the time
 1629  of placement.
 1630         10.9. A projected date likely for the child’s return home
 1631  or other permanent placement.
 1632         11.10. When appropriate, the basis for the unwillingness or
 1633  inability of the parent to become a party to a case plan. The
 1634  court and the citizen review panel shall determine if the
 1635  efforts of the social service agency to secure party
 1636  participation in a case plan were sufficient.
 1637         12.11. For a child who has reached 13 years of age but is
 1638  not yet 18 years of age, the adequacy of the child’s preparation
 1639  for adulthood and independent living.
 1640         13.12. If amendments to the case plan are required.
 1641  Amendments to the case plan must be made under s. 39.6013.
 1643         (a) In addition to the review and report required under
 1644  paragraphs (1)(a) and (2)(a), respectively, the court shall hold
 1645  a judicial review hearing within 90 days after a child’s 17th
 1646  birthday. The court shall also issue an order, separate from the
 1647  order on judicial review, that the disability of nonage of the
 1648  child has been removed pursuant to ss. 743.044, 743.045, and
 1649  743.046, and for any of these disabilities that the court finds
 1650  is in the child’s best interest to remove. The court s. 743.045
 1651  and shall continue to hold timely judicial review hearings. If
 1652  necessary, the court may review the status of the child more
 1653  frequently during the year before the child’s 18th birthday. At
 1654  each review hearing held under this subsection, in addition to
 1655  any information or report provided to the court by the foster
 1656  parent, legal custodian, or guardian ad litem, the child shall
 1657  be given the opportunity to address the court with any
 1658  information relevant to the child’s best interest, particularly
 1659  in relation to independent living transition services. The
 1660  department shall include in the social study report for judicial
 1661  review written verification that the child has:
 1662         1. A current Medicaid card and all necessary information
 1663  concerning the Medicaid program sufficient to prepare the child
 1664  to apply for coverage upon reaching the age of 18, if such
 1665  application is appropriate.
 1666         2. A certified copy of the child’s birth certificate and,
 1667  if the child does not have a valid driver license, a Florida
 1668  identification card issued under s. 322.051.
 1669         3. A social security card and information relating to
 1670  social security insurance benefits if the child is eligible for
 1671  those benefits. If the child has received such benefits and they
 1672  are being held in trust for the child, a full accounting of
 1673  these funds must be provided and the child must be informed as
 1674  to how to access those funds.
 1675         4. All relevant information related to the Road-to
 1676  Independence Program, including, but not limited to, eligibility
 1677  requirements, information on participation, and assistance in
 1678  gaining admission to the program. If the child is eligible for
 1679  the Road-to-Independence Program, he or she must be advised that
 1680  he or she may continue to reside with the licensed family home
 1681  or group care provider with whom the child was residing at the
 1682  time the child attained his or her 18th birthday, in another
 1683  licensed family home, or with a group care provider arranged by
 1684  the department.
 1685         5. An open bank account or the identification necessary to
 1686  open a bank account and to acquire essential banking and
 1687  budgeting skills.
 1688         6. Information on public assistance and how to apply for
 1689  public assistance.
 1690         7. A clear understanding of where he or she will be living
 1691  on his or her 18th birthday, how living expenses will be paid,
 1692  and the educational program or school in which he or she will be
 1693  enrolled.
 1694         8. Information related to the ability of the child to
 1695  remain in care until he or she reaches 21 years of age under s.
 1696  39.013.
 1697         9. A letter providing the dates that the child is under the
 1698  jurisdiction of the court.
 1699         10. A letter stating that the child is in compliance with
 1700  financial aid documentation requirements.
 1701         11. The child’s educational records.
 1702         12. The child’s entire health and mental health records.
 1703         13. The process for accessing his or her case file.
 1704         14. A statement encouraging the child to attend all
 1705  judicial review hearings occurring after the child’s 17th
 1706  birthday.
 1707         Section 18. Subsection (2) of section 39.802, Florida
 1708  Statutes, is amended to read:
 1709         39.802 Petition for termination of parental rights; filing;
 1710  elements.—
 1711         (2) The form of the petition is governed by the Florida
 1712  Rules of Juvenile Procedure. The petition must be in writing and
 1713  signed by the petitioner or, if the department is the
 1714  petitioner, by an employee of the department, under oath stating
 1715  the petitioner’s good faith in filing the petition.
 1716         Section 19. Paragraphs (e), (f), and (h) of subsection (1)
 1717  of section 39.806, Florida Statutes, are amended, and paragraph
 1718  (n) is added to that subsection, to read:
 1719         39.806 Grounds for termination of parental rights.—
 1720         (1) Grounds for the termination of parental rights may be
 1721  established under any of the following circumstances:
 1722         (e) When a child has been adjudicated dependent, a case
 1723  plan has been filed with the court, and:
 1724         1. The child continues to be abused, neglected, or
 1725  abandoned by the parent or parents. The failure of the parent or
 1726  parents to substantially comply with the case plan for a period
 1727  of 12 months after an adjudication of the child as a dependent
 1728  child or the child’s placement into shelter care, whichever
 1729  occurs first, constitutes evidence of continuing abuse, neglect,
 1730  or abandonment unless the failure to substantially comply with
 1731  the case plan was due to the parent’s lack of financial
 1732  resources or to the failure of the department to make reasonable
 1733  efforts to reunify the parent and child. The 12-month period
 1734  begins to run only after the child’s placement into shelter care
 1735  or the entry of a disposition order placing the custody of the
 1736  child with the department or a person other than the parent and
 1737  the court’s approval of a case plan having the goal of
 1738  reunification with the parent, whichever occurs first; or
 1739         2. The parent or parents have materially breached the case
 1740  plan. Time is of the essence for permanency of children in the
 1741  dependency system. In order to prove the parent or parents have
 1742  materially breached the case plan, the court must find by clear
 1743  and convincing evidence that the parent or parents are unlikely
 1744  or unable to substantially comply with the case plan before time
 1745  to comply with the case plan expires.
 1746         3. The child has been in care for any 12 of the last 22
 1747  months and the parents have not substantially complied with the
 1748  case plan so as to permit reunification under s. 39.522(2)
 1749  unless the failure to substantially comply with the case plan
 1750  was due to the parent’s lack of financial resources or to the
 1751  failure of the department to make reasonable efforts to reunify
 1752  the parent and child.
 1753         (f) The parent or parents engaged in egregious conduct or
 1754  had the opportunity and capability to prevent and knowingly
 1755  failed to prevent egregious conduct that threatens the life,
 1756  safety, or physical, mental, or emotional health of the child or
 1757  the child’s sibling. Proof of a nexus between egregious conduct
 1758  to a child and the potential harm to the child’s sibling is not
 1759  required.
 1760         1. As used in this subsection, the term “sibling” means
 1761  another child who resides with or is cared for by the parent or
 1762  parents regardless of whether the child is related legally or by
 1763  consanguinity.
 1764         2. As used in this subsection, the term “egregious conduct”
 1765  means abuse, abandonment, neglect, or any other conduct that is
 1766  deplorable, flagrant, or outrageous by a normal standard of
 1767  conduct. Egregious conduct may include an act or omission that
 1768  occurred only once but was of such intensity, magnitude, or
 1769  severity as to endanger the life of the child.
 1770         (h) The parent or parents have committed the murder,
 1771  manslaughter, aiding or abetting the murder, or conspiracy or
 1772  solicitation to murder the other parent or another child, or a
 1773  felony battery that resulted in serious bodily injury to the
 1774  child or to another child. Proof of a nexus between the murder,
 1775  manslaughter, aiding or abetting the murder, or conspiracy or
 1776  solicitation to murder the other parent or another child, or a
 1777  felony battery to a child and the potential harm to a child or
 1778  another child is not required.
 1779         (n) The parent is convicted of an offense that requires the
 1780  parent to register as a sexual predator under s. 775.21.
 1781         Section 20. Paragraph (g) of subsection (1) and subsection
 1782  (8) of section 63.212, Florida Statutes, are amended to read:
 1783         63.212 Prohibited acts; penalties for violation.—
 1784         (1) It is unlawful for any person:
 1785         (g) Except an adoption entity, to place an advertisement
 1786  advertise or offer to the public, in any way, by any medium
 1787  whatever that a minor is available for adoption or that a minor
 1788  is sought for adoption; and, further, it is unlawful for any
 1789  person purchasing advertising space or purchasing broadcast time
 1790  to advertise adoption services to fail to include in any
 1791  publication publish or fail to include in the broadcast for any
 1792  such advertisement the or assist an unlicensed person or entity
 1793  in publishing or broadcasting any such advertisement without
 1794  including a Florida license number of the adoption entity agency
 1795  or the Florida Bar number of the attorney placing the
 1796  advertisement.
 1797         1. Only a person who is an attorney licensed to practice
 1798  law in this state or an adoption entity licensed under the laws
 1799  of this state may place a paid advertisement or paid listing of
 1800  the person’s telephone number, on the person’s own behalf, in a
 1801  telephone directory that:
 1802         a. A child is offered or wanted for adoption; or
 1803         b. The person is able to place, locate, or receive a child
 1804  for adoption.
 1805         2. A person who publishes a telephone directory that is
 1806  distributed in this state:
 1807         a. shall include, at the beginning of any classified
 1808  heading for adoption and adoption services, a statement that
 1809  informs directory users that only attorneys licensed to practice
 1810  law in this state and licensed adoption entities may legally
 1811  provide adoption services under state law.
 1812         3.b.A person who places may publish an advertisement
 1813  described in subparagraph 1. in a the telephone directory must
 1814  include only if the advertisement contains the following
 1815  information:
 1816         a.(I) For an attorney licensed to practice law in this
 1817  state, the person’s Florida Bar number.
 1818         b.(II) For a child-placing child placing agency licensed
 1819  under the laws of this state, the number on the person’s
 1820  adoption entity license.
 1821         (8) Unless otherwise indicated, a person who willfully and
 1822  with criminal intent violates any provision of this section,
 1823  excluding paragraph (1)(g), commits a felony of the third
 1824  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1825  775.084. A person who willfully and with criminal intent
 1826  violates paragraph (1)(g) commits a misdemeanor of the second
 1827  degree, punishable as provided in s. 775.083; and each day of
 1828  continuing violation shall be considered a separate offense. In
 1829  addition, any person who knowingly publishes or assists with the
 1830  publication of any advertisement or other publication which
 1831  violates the requirements of paragraph (1)(g) commits a
 1832  misdemeanor of the second degree, punishable as provided in s.
 1833  775.083, and may be required to pay a fine of up to $150 per day
 1834  for each day of continuing violation.
 1835         Section 21. Subsection (1), paragraph (b) of subsection
 1836  (2), and paragraph (c) of subsection (3) of section 383.402,
 1837  Florida Statutes, are amended to read:
 1838         383.402 Child abuse death review; State Child Abuse Death
 1839  Review Committee; local child abuse death review committees.—
 1840         (1) It is the intent of the Legislature to establish a
 1841  statewide multidisciplinary, multiagency child abuse death
 1842  assessment and prevention system that consists of state and
 1843  local review committees. The state and local review committees
 1844  shall review the facts and circumstances of all deaths of
 1845  children from birth through age 18 which occur in this state and
 1846  are reported to the central abuse hotline of the Department of
 1847  Children and Families as the result of verified child abuse or
 1848  neglect. The purpose of the review shall be to:
 1849         (a) Achieve a greater understanding of the causes and
 1850  contributing factors of deaths resulting from child abuse.
 1851         (b) Whenever possible, develop a communitywide approach to
 1852  address such cases and contributing factors.
 1853         (c) Identify any gaps, deficiencies, or problems in the
 1854  delivery of services to children and their families by public
 1855  and private agencies which may be related to deaths that are the
 1856  result of child abuse.
 1857         (d) Make and implement recommendations for changes in law,
 1858  rules, and policies, as well as develop practice standards that
 1859  support the safe and healthy development of children and reduce
 1860  preventable child abuse deaths.
 1861         (2)
 1862         (b) In addition, the State Surgeon General shall appoint
 1863  the following members to the state committee, based on
 1864  recommendations from the Department of Health and the agencies
 1865  listed in paragraph (a), and ensuring that the committee
 1866  represents the regional, gender, and ethnic diversity of the
 1867  state to the greatest extent possible:
 1868         1. A board-certified pediatrician.
 1869         2. A public health nurse.
 1870         3. A mental health professional who treats children or
 1871  adolescents.
 1872         4. An employee of the Department of Children and Families
 1873  Family Services who supervises family services counselors and
 1874  who has at least 5 years of experience in child protective
 1875  investigations.
 1876         5. The medical director of a child protection team.
 1877         6. A member of a child advocacy organization.
 1878         7. A social worker who has experience in working with
 1879  victims and perpetrators of child abuse.
 1880         8. A person trained as a paraprofessional in patient
 1881  resources who is employed in a child abuse prevention program.
 1882         9. A law enforcement officer who has at least 5 years of
 1883  experience in children’s issues.
 1884         10. A representative of the Florida Coalition Against
 1885  Domestic Violence.
 1886         11. A representative from a private provider of programs on
 1887  preventing child abuse and neglect.
 1888         (3) The State Child Abuse Death Review Committee shall:
 1889         (c) Prepare an annual statistical report on the incidence
 1890  and causes of death resulting from reported child abuse in the
 1891  state during the prior calendar year. The state committee shall
 1892  submit a copy of the report by October 1 December 31 of each
 1893  year to the Governor, the President of the Senate, and the
 1894  Speaker of the House of Representatives. The report must include
 1895  recommendations to the Department of Children and Families
 1896  regarding for state and local action, including specific policy
 1897  and, procedural changes to the child protection and child
 1898  welfare system and, regulatory, or statutory changes, and any
 1899  other recommended preventive action.
 1900         Section 22. Subsection (5) of section 402.40, Florida
 1901  Statutes, is amended, and paragraph (g) is added to subsection
 1902  (3) of that section, to read:
 1903         402.40 Child welfare training and certification.—
 1904         (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
 1905  shall approve one or more third-party credentialing entities for
 1906  the purpose of developing and administering child welfare
 1907  certification programs for persons who provide child welfare
 1908  services. A third-party credentialing entity shall request such
 1909  approval in writing from the department. In order to obtain
 1910  approval, the third-party credentialing entity must:
 1911         (g) Maintain an advisory committee, including
 1912  representatives from each region of the department, each
 1913  sheriff’s office providing child protective services, and each
 1914  community-based care lead agency, who shall be appointed by the
 1915  organization they represent. The third-party credentialing
 1916  entity may appoint additional members to the advisory committee.
 1918         (a) The Department of Children and Families Family Services
 1919  shall approve the core competencies and related preservice
 1920  curricula that ensures that each person delivering child welfare
 1921  services obtains the knowledge, skills, and abilities to
 1922  competently carry out his or her work responsibilities.
 1923         (b) The identification of these core competencies and
 1924  development of preservice curricula shall be a collaborative
 1925  effort that includes professionals who have expertise in child
 1926  welfare services, department-approved third-party credentialing
 1927  entities, and providers that will be affected by the curriculum,
 1928  including, but not limited to, representatives from the
 1929  community-based care lead agencies, the Florida Coalition
 1930  Against Domestic Violence, the Florida Alcohol and Drug Abuse
 1931  Association, the Florida Council for Community Mental Health,
 1932  sheriffs’ offices conducting child protection investigations,
 1933  and child welfare legal services providers.
 1934         (c) Community-based care agencies, sheriffs’ offices, and
 1935  the department may contract for the delivery of preservice and
 1936  any additional training for persons delivering child welfare
 1937  services if the curriculum satisfies the department-approved
 1938  core competencies.
 1939         (d) The department may also approve certifications
 1940  involving specializations in serving specific populations or in
 1941  skills relevant to child protection to be awarded to persons
 1942  delivering child welfare services by a third-party credentialing
 1943  entity approved pursuant to subsection (3).
 1944         (e)(d) Department-approved credentialing entities shall,
 1945  for a period of at least 12 months after implementation of the
 1946  third-party child welfare certification programs, grant
 1947  reciprocity and award a child welfare certification to
 1948  individuals who hold current department-issued child welfare
 1949  certification in good standing, at no cost to the department or
 1950  the certificateholder.
 1951         Section 23. Section 402.402, Florida Statutes, is created
 1952  to read:
 1953         402.402 Child protection and child welfare personnel;
 1954  attorneys employed by the department.—
 1955         (1) DEFINITIONS.—As used in this section, the term:
 1956         (a) “Child protection and child welfare personnel” includes
 1957  child protective investigators and child protective
 1958  investigation supervisors employed by the department and case
 1959  managers and case manager supervisors employed by a community
 1960  based care lead agency or a subcontractor of a community-based
 1961  care lead agency.
 1962         (b) “Human services-related field” means psychology,
 1963  sociology, counseling, special education, human development,
 1964  child development, family development, marriage and family
 1965  therapy, and nursing.
 1967  REQUIREMENTS.—The department is responsible for recruitment of
 1968  qualified professional staff to serve as child protective
 1969  investigators and child protective investigation supervisors.
 1970  The department shall make every effort to recruit and hire
 1971  persons qualified by their education and experience to perform
 1972  social work functions. The department’s efforts shall be guided
 1973  by the goal that by July 1, 2019, at least half of all child
 1974  protective investigators and supervisors will have a bachelor’s
 1975  degree or a master’s degree in social work from a college or
 1976  university social work program accredited by the Council on
 1977  Social Work Education. The department, in collaboration with the
 1978  lead agencies, subcontracted provider organizations, and other
 1979  partners in the child welfare system, shall develop a protocol
 1980  for screening candidates for child protective positions which
 1981  reflects the preferences specified in paragraphs (a)-(f). The
 1982  following persons shall be given preference in the recruitment
 1983  of qualified professional staff, but the preferences serve only
 1984  as guidance and do not limit the department’s discretion to
 1985  select the best available candidates:
 1986         (a)Child protective investigators with bachelor’s degrees
 1987  in social work and child protective investigation supervisors
 1988  with master’s degrees in social work from a college or
 1989  university social work program accredited by the Council on
 1990  Social Work Education.
 1991         (b) Child protective investigators and supervisors with
 1992  baccalaureate or master’s degrees in a human service-related
 1993  field such as counseling, sociology, special education, human
 1994  development, child development, family development, marriage and
 1995  family therapy, and nursing.
 1996         (c) Child protective investigators and supervisors with
 1997  work experience demonstrating critical thinking skills, formal
 1998  assessment processes, communication skills, problem solving, and
 1999  empathy.
 2000         (d) Child protective investigators and supervisors with a
 2001  combination of work and volunteer experience in public service
 2002  fields, especially those related to children’s services.
 2003         (e) Child protective investigators and supervisors with a
 2004  commitment to helping children and families, a capacity to work
 2005  as part of a team, and an interest in continuous development of
 2006  skills and knowledge.
 2007         (f)Child protective investigators and supervisors with
 2008  personal strength and resilience to manage competing demands and
 2009  handle workplace stresses.
 2010         (3) REPORT.—By each October 1, the department shall submit
 2011  a report on the educational qualifications, turnover, and
 2012  working conditions of the child protective investigators and
 2013  supervisors to the Governor, the President of the Senate, and
 2014  the Speaker of the House of Representatives.
 2016  WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose
 2017  primary responsibility is representing the department in child
 2018  welfare cases shall, within the first 6 months of employment,
 2019  receive training in:
 2020         (a)The dependency court process, including the attorney’s
 2021  role in preparing and reviewing documents prepared for
 2022  dependency court for accuracy and completeness;
 2023         (b)Preparing and presenting child welfare cases, including
 2024  at least 1 week shadowing an experienced children’s legal
 2025  services attorney preparing and presenting cases;
 2026         (c)Safety assessment, safety decisionmaking tools, and
 2027  safety plans;
 2028         (d)Developing information presented by investigators and
 2029  case managers to support decisionmaking in the best interest of
 2030  children; and
 2031         (e)The experiences and techniques of case managers and
 2032  investigators, including shadowing an experienced child
 2033  protective investigator and an experienced case manager for at
 2034  least 8 hours.
 2035         Section 24. Section 402.403, Florida Statutes, is created
 2036  to read:
 2037         402.403 Child Protection and Child Welfare Personnel
 2038  Tuition Exemption Program.—
 2039         (1) There is established within the department the Child
 2040  Protection and Child Welfare Personnel Tuition Exemption Program
 2041  for the purpose of recruiting and retaining high-performing
 2042  individuals who are employed as child protection and child
 2043  welfare personnel as defined in s. 402.402 and who do not
 2044  possess a master’s degree in social work or a certificate in an
 2045  area related to child welfare.
 2046         (2) Child protection and child welfare personnel who meet
 2047  the requirements specified in subsection (3) are exempt from the
 2048  payment of tuition and fees at a state university.
 2049         (3) The department may approve child protection and child
 2050  welfare personnel for the tuition and fee exemption if such
 2051  personnel:
 2052         (a) Are employed as child protection and child welfare
 2053  personnel and are determined by their employers to perform at a
 2054  high level as established by their personnel evaluations; and
 2055         (b) Are accepted in a graduate-level social work program or
 2056  a certificate program related to child welfare which is
 2057  accredited by the Council on Social Work Education.
 2058         (4)Child protection and child welfare personnel who meet
 2059  the requirements specified in subsection (3) may enroll for up
 2060  to 6 credit hours of courses per term.
 2061         (5) Child protection and child welfare personnel who are
 2062  accepted into a graduate-level social work program or a
 2063  certificate program related to child welfare which is accredited
 2064  by the Council on Social Work Education shall take courses
 2065  associated with the degree or certificate program online if such
 2066  courses are offered online.
 2067         (6) All child protection and child welfare personnel who
 2068  participate in the tuition exemption program established under
 2069  this section must remain employed by the department, a state
 2070  agency, or a contracted provider for 5 years after completion of
 2071  a graduate level social work program. If employment ends before
 2072  the 5-year period, the benefit shall be repaid according to a
 2073  pro rata calculation based on the number of years of service.
 2074         Section 26. Section 409.165, Florida Statutes, is amended
 2075  to read:
 2076         409.165 Alternate care for children.—
 2077         (1) Within funds appropriated, the department shall
 2078  establish and supervise a program of emergency shelters, runaway
 2079  shelters, foster homes, group homes, agency-operated group
 2080  treatment homes, nonpsychiatric residential group care
 2081  facilities, psychiatric residential treatment facilities, and
 2082  other appropriate facilities to provide shelter and care for
 2083  dependent children who must be placed away from their families.
 2084  The department, in accordance with outcome established goals
 2085  established in s. 409.986, shall contract for the provision of
 2086  such shelter and care by counties, municipalities, nonprofit
 2087  corporations, and other entities capable of providing needed
 2088  services if:
 2089         (a) The services so provided comply with all department
 2090  standards, policies, and procedures are available;
 2091         (b) The services can be so provided at a reasonable cost
 2092  are more cost-effective than those provided by the department;
 2093  and
 2094         (c) Unless otherwise provided by law, such providers of
 2095  shelter and care are licensed by the department.
 2097  It is the legislative intent that the
 2098         (2) Funds appropriated for the alternate care of children
 2099  as described in this section may be used to meet the needs of
 2100  children in their own homes or those of relatives if the
 2101  children can be safely served in such settings their own homes,
 2102  or the homes of relatives, and the expenditure of funds in such
 2103  manner is equal to or less than the cost of out-of-home
 2104  placement calculated by the department to be an eventual cost
 2105  savings over placement of children.
 2106         (3)(2) The department shall may cooperate with all child
 2107  service institutions or agencies within the state which meet the
 2108  department’s standards in order to maintain a comprehensive,
 2109  coordinated, and inclusive system for promoting and protecting
 2110  the well-being of children, consistent with the goals
 2111  established in s. 409.986 rules for proper care and supervision
 2112  prescribed by the department for the well-being of children.
 2113         (a) The department shall work with the Department of Health
 2114  in the development, use, and monitoring of medical foster homes
 2115  for medically complex children.
 2116         (b) The department shall collaborate with all relevant
 2117  state and local agencies to provide such supports and services
 2118  as may be necessary to maintain medically complex children in
 2119  the least restrictive and most nurturing environment.
 2120         (4)(3) With the written consent of parents, custodians, or
 2121  guardians, or in accordance with those provisions in chapter 39
 2122  that relate to dependent children, the department, under rules
 2123  properly adopted, may place a child:
 2124         (a) With a relative;
 2125         (b) With an adult nonrelative approved by the court for
 2126  long-term custody;
 2127         (c) With a person who is considering the adoption of a
 2128  child in the manner provided for by law;
 2129         (d) When limited, except as provided in paragraph (b), to
 2130  temporary emergency situations, with a responsible adult
 2131  approved by the court;
 2132         (e) With a person or family licensed by the department and
 2133  approved by the Department of Health to serve as a medical
 2134  foster home;
 2135         (f)(e) With a person or agency licensed by the department
 2136  in accordance with s. 409.175; or
 2137         (g)(f) In a subsidized independent living situation,
 2138  subject to the provisions of s. 409.1451(4)(c),
 2140  under such conditions as are determined to be for the best
 2141  interests or the welfare of the child. Any child placed in an
 2142  institution or in a family home by the department or its agency
 2143  may be removed by the department or its agency, and such other
 2144  disposition may be made as is for the best interest of the
 2145  child, including transfer of the child to another institution,
 2146  another home, or the home of the child. Expenditure of funds
 2147  appropriated for out-of-home care can be used to meet the needs
 2148  of a child in the child’s own home or the home of a relative if
 2149  the child can be safely served in the child’s own home or that
 2150  of a relative if placement can be avoided by the expenditure of
 2151  such funds, and if the expenditure of such funds in this manner
 2152  is equal to or less than the cost of out-of-home placement
 2153  calculated by the department to be a potential cost savings.
 2154         Section 6. Paragraphs (b), (d), (h), and (i) of subsection
 2155  (6) of section 409.175, Florida Statutes, are amended to read:
 2156         409.175 Licensure of family foster homes, residential
 2157  child-caring agencies, and child-placing agencies; public
 2158  records exemption.—
 2159         (6)
 2160         (b) Upon application, the department shall conduct a
 2161  licensing study based on its licensing rules; shall inspect the
 2162  home or the agency and the records, including financial records,
 2163  of the agency; and shall interview the applicant. The department
 2164  may authorize a licensed child-placing agency to conduct the
 2165  licensing study of a family foster home to be used exclusively
 2166  by that agency and to verify to the department that the home
 2167  meets the licensing requirements established by the department.
 2168  Upon certification by a licensed child-placing agency that a
 2169  family foster home meets the licensing requirements and
 2170  receiving a letter from the community based care lead agency in
 2171  the service area where the home will be licensed indicating the
 2172  family foster home meets the criteria created by the lead
 2173  agency, the department shall issue the license. A letter from
 2174  the lead agency is not required if the lead agency where the
 2175  proposed home is located is directly supervising foster homes in
 2176  the same service area.
 2177         (d)1. The department may pursue other remedies provided in
 2178  this section in addition to denial or revocation of a license
 2179  for failure to comply with the screening requirements. The
 2180  disciplinary actions determination to be made by the department
 2181  and the procedure for hearing for applicants and licensees shall
 2182  be in accordance with chapter 120.
 2183         2. When the department has reasonable cause to believe that
 2184  grounds for denial or termination of employment exist, it shall
 2185  notify, in writing, the applicant, licensee, or summer or
 2186  recreation camp, and the personnel affected, stating the
 2187  specific record which indicates noncompliance with the screening
 2188  requirements.
 2189         3. Procedures established for hearing under chapter 120
 2190  shall be available to the applicant, licensee, summer day camp,
 2191  or summer 24-hour camp, and affected personnel, in order to
 2192  present evidence relating either to the accuracy of the basis
 2193  for exclusion or to the denial of an exemption from
 2194  disqualification. Such procedures may also be used to challenge
 2195  a decision by a community-based care lead agency’s refusal to
 2196  issue a letter supporting an application for licensure. If the
 2197  challenge is to the actions of the community-based care lead
 2198  agency, the respondent to the challenge will be the lead agency
 2199  and the department shall be notified of the proceedings.
 2200         4. Refusal on the part of an applicant to dismiss personnel
 2201  who have been found not to be in compliance with the
 2202  requirements for good moral character of personnel shall result
 2203  in automatic denial or revocation of license in addition to any
 2204  other remedies provided in this section which may be pursued by
 2205  the department.
 2206         (h) Upon determination that the applicant meets the state
 2207  minimum licensing requirements and has obtained a letter from a
 2208  community-based care lead agency indicating the family foster
 2209  home meets criteria created by the lead agency, the department
 2210  shall issue a license without charge to a specific person or
 2211  agency at a specific location. A license may be issued if all
 2212  the screening materials have been timely submitted; however, a
 2213  license may not be issued or renewed if any person at the home
 2214  or agency has failed the required screening. The license is
 2215  nontransferable. A copy of the license shall be displayed in a
 2216  conspicuous place. Except as provided in paragraph (j), the
 2217  license is valid for 1 year from the date of issuance, unless
 2218  the license is suspended or revoked by the department or is
 2219  voluntarily surrendered by the licensee. The license is the
 2220  property of the department.
 2221         (i) The issuance of a license to operate a family foster
 2222  home or agency does not require any lead agency to place a child
 2223  with the home or agency. A license issued for the operation of a
 2224  family foster home or agency, unless sooner suspended, revoked,
 2225  or voluntarily returned, will expire automatically 1 year from
 2226  the date of issuance except as provided in paragraph (j). Ninety
 2227  days prior to the expiration date, an application for renewal
 2228  shall be submitted to the department by a licensee who wishes to
 2229  have the license renewed. A license shall be renewed upon the
 2230  filing of an application on forms furnished by the department if
 2231  the applicant has first met the requirements established under
 2232  this section and the rules promulgated hereunder.
 2233         Section 27. Paragraph (c) of subsection (2) of section
 2234  409.967, Florida Statutes, is amended to read:
 2235         409.967 Managed care plan accountability.—
 2236         (2) The agency shall establish such contract requirements
 2237  as are necessary for the operation of the statewide managed care
 2238  program. In addition to any other provisions the agency may deem
 2239  necessary, the contract must require:
 2240         (c) Access.—
 2241         1. The agency shall establish specific standards for the
 2242  number, type, and regional distribution of providers in managed
 2243  care plan networks to ensure access to care for both adults and
 2244  children. Each plan must maintain a regionwide network of
 2245  providers in sufficient numbers to meet the access standards for
 2246  specific medical services for all recipients enrolled in the
 2247  plan. The exclusive use of mail-order pharmacies may not be
 2248  sufficient to meet network access standards. Consistent with the
 2249  standards established by the agency, provider networks may
 2250  include providers located outside the region. A plan may
 2251  contract with a new hospital facility before the date the
 2252  hospital becomes operational if the hospital has commenced
 2253  construction, will be licensed and operational by January 1,
 2254  2013, and a final order has issued in any civil or
 2255  administrative challenge. Each plan shall establish and maintain
 2256  an accurate and complete electronic database of contracted
 2257  providers, including information about licensure or
 2258  registration, locations and hours of operation, specialty
 2259  credentials and other certifications, specific performance
 2260  indicators, and such other information as the agency deems
 2261  necessary. The database must be available online to both the
 2262  agency and the public and have the capability to compare the
 2263  availability of providers to network adequacy standards and to
 2264  accept and display feedback from each provider’s patients. Each
 2265  plan shall submit quarterly reports to the agency identifying
 2266  the number of enrollees assigned to each primary care provider.
 2267         2. Each managed care plan must publish any prescribed drug
 2268  formulary or preferred drug list on the plan’s website in a
 2269  manner that is accessible to and searchable by enrollees and
 2270  providers. The plan must update the list within 24 hours after
 2271  making a change. Each plan must ensure that the prior
 2272  authorization process for prescribed drugs is readily accessible
 2273  to health care providers, including posting appropriate contact
 2274  information on its website and providing timely responses to
 2275  providers. For Medicaid recipients diagnosed with hemophilia who
 2276  have been prescribed anti-hemophilic-factor replacement
 2277  products, the agency shall provide for those products and
 2278  hemophilia overlay services through the agency’s hemophilia
 2279  disease management program.
 2280         3. Managed care plans, and their fiscal agents or
 2281  intermediaries, must accept prior authorization requests for any
 2282  service electronically.
 2283         4. Managed care plans serving children in the care and
 2284  custody of the Department of Children and Families or serving
 2285  parents of such children must maintain complete medical, dental,
 2286  and behavioral health information and provide such information
 2287  to the department for inclusion in the state’s child welfare
 2288  data system. Using such documentation, the agency and the
 2289  department shall determine the plan’s compliance with standards
 2290  for access to medical, dental, and behavioral health services;
 2291  the use of psychotropic medications; and followup on all
 2292  medically necessary services recommended as a result of early
 2293  and periodic screening, diagnosis, and treatment.
 2294         Section 28. Paragraph (f) is added to subsection (2) of
 2295  section 409.972, Florida Statutes, to read:
 2296         409.972 Mandatory and voluntary enrollment.—
 2297         (2) The following Medicaid-eligible persons are exempt from
 2298  mandatory managed care enrollment required by s. 409.965, and
 2299  may voluntarily choose to participate in the managed medical
 2300  assistance program:
 2301         (f) Medicaid recipients residing in a group home facility
 2302  licensed under chapter 393.
 2303         Section 29. The Division of Law Revision and Information is
 2304  directed to create part V of chapter 409, Florida Statutes,
 2305  consisting of ss. 409.986-409.997, to be entitled “Community
 2306  based Child Welfare.”
 2307         Section 30. Section 409.986, Florida Statutes, is created
 2308  to read:
 2309         409.986 Legislative findings and intent; child protection
 2310  and child welfare outcomes; definitions.—
 2312         (a) It is the intent of the Legislature that the Department
 2313  of Children and Families provide child protection and child
 2314  welfare services to children through contracting with community
 2315  based care lead agencies. Counties that provide children and
 2316  family services with at least 40 licensed residential group care
 2317  beds by July 1, 2003, and that provide at least $2 million
 2318  annually in county general revenue funds to supplement foster
 2319  and family care services shall continue to contract directly
 2320  with the state. It is the further intent of the Legislature that
 2321  communities have responsibility for and participate in ensuring
 2322  safety, permanence, and well-being for all children in the
 2323  state.
 2324         (b) The Legislature finds that when private entities assume
 2325  responsibility for the care of children in the child protection
 2326  and child welfare system, comprehensive oversight of the
 2327  programmatic, administrative, and fiscal operation of those
 2328  entities is essential. The Legislature further finds that the
 2329  appropriate care of children is ultimately the responsibility of
 2330  the state and that outsourcing such care does not relieve the
 2331  state of its responsibility to ensure that appropriate care is
 2332  provided.
 2334  goal of the department to protect the best interest of children
 2335  by achieving the following outcomes in conjunction with the
 2336  community-based care lead agency, community-based
 2337  subcontractors, and the community alliance:
 2338         (a) Children are first and foremost protected from abuse
 2339  and neglect.
 2340         (b) Children are safely maintained in their homes, if
 2341  possible and appropriate.
 2342         (c) Services are provided to protect children and prevent
 2343  their removal from their home.
 2344         (d) Children have permanency and stability in their living
 2345  arrangements.
 2346         (e) Family relationships and connections are preserved for
 2347  children.
 2348         (f) Families have enhanced capacity to provide for their
 2349  children’s needs.
 2350         (g) Children receive appropriate services to meet their
 2351  educational needs.
 2352         (h) Children receive services to meet their physical and
 2353  mental health needs.
 2354         (i) Children develop the capacity for independent living
 2355  and competence as an adult.
 2356         (3) DEFINITIONS.—As used in this part, except as otherwise
 2357  provided, the term:
 2358         (a) “Care” means services of any kind which are designed to
 2359  facilitate a child remaining safely in his or her own home,
 2360  returning safely to his or her own home if he or she is removed
 2361  from the home, or obtaining an alternative permanent home if he
 2362  or she cannot remain at home or be returned home. The term
 2363  includes, but is not be limited to, prevention, diversion, and
 2364  related services.
 2365         (b) “Child” or “children” has the same meaning as provided
 2366  in s. 39.01.
 2367         (c) “Community alliance” or “alliance” means the group of
 2368  stakeholders, community leaders, client representatives, and
 2369  funders of human services established pursuant to s. 20.19(5) to
 2370  provide a focal point for community participation and oversight
 2371  of community-based services.
 2372         (d) “Community-based care lead agency” or “lead agency”
 2373  means a single entity with which the department has a contract
 2374  for the provision of care for children in the child protection
 2375  and child welfare system in a community that is no smaller than
 2376  a county and no larger than two contiguous judicial circuits.
 2377  The secretary of the department may authorize more than one
 2378  eligible lead agency within a single county if doing so will
 2379  result in more effective delivery of services to children.
 2380         (e) “Related services” includes, but is not limited to,
 2381  family preservation, independent living, emergency shelter,
 2382  residential group care, foster care, therapeutic foster care,
 2383  intensive residential treatment, foster care supervision, case
 2384  management, coordination of mental health services,
 2385  postplacement supervision, permanent foster care, and family
 2386  reunification.
 2387         Section 31. Section 409.987, Florida Statutes, is created
 2388  to read:
 2389         409.987 Lead agency procurement.—
 2390         (1) Community-based care lead agencies shall be procured by
 2391  the department through a competitive process as required under
 2392  chapter 287.
 2393         (2) The department shall produce a schedule for the
 2394  procurement of community-based care lead agencies and provide
 2395  the schedule to the community alliances established pursuant to
 2396  s. 20.19(5) and post the schedule on the department’s website.
 2397         (3) Notwithstanding s. 287.057, the department shall use 5
 2398  year contracts with lead agencies.
 2399         (4) In order to serve as a lead agency, an entity must:
 2400         (a) Be organized as a Florida corporation or a governmental
 2401  entity.
 2402         (b) Be governed by a board of directors or a board
 2403  committee composed of board members. The membership of the board
 2404  of directors or board committee must be described in the bylaws
 2405  or articles of incorporation of each lead agency, which must
 2406  provide that at least 75 percent of the membership of the board
 2407  of directors or board committee must consist of persons residing
 2408  in this state, and at least 51 percent of the state residents on
 2409  the board of directors must reside within the service area of
 2410  the lead agency. However, for procurements of lead agency
 2411  contracts initiated on or after July 1, 2014:
 2412         1. At least 75 percent of the membership of the board of
 2413  directors must consist of persons residing in this state, and at
 2414  least 51 percent of the membership of the board of directors
 2415  must consist of persons residing within the service area of the
 2416  lead agency. If a board committee governs the lead agency, 100
 2417  percent of its membership must consist of persons residing
 2418  within the service area of the lead agency.
 2419         2. The powers of the board of directors or board committee
 2420  include, but are not limited to, approving the lead agency’s
 2421  budget and setting the lead agency’s operational policy and
 2422  procedures. A board of directors must additionally have the
 2423  power to hire the lead agency’s executive director, unless a
 2424  board committee governs the lead agency, in which case the board
 2425  committee must have the power to confirm the selection of the
 2426  lead agency’s executive director.
 2427         (c) Demonstrate financial responsibility through an
 2428  organized plan for regular fiscal audits and the posting of a
 2429  performance bond.
 2430         (5) The department’s procurement team procuring any lead
 2431  agencies’ contracts must include individuals from the community
 2432  alliance in the area to be served under the contract. All
 2433  meetings at which vendors make presentations to or negotiate
 2434  with the procurement team shall be held in the area to be served
 2435  by the contract.
 2436         Section 32. Section 409.988, Florida Statutes, is created
 2437  to read:
 2438         409.988 Lead agency duties; general provisions.—
 2439         (1) DUTIES.—A lead agency:
 2440         (a) Shall serve all children referred as a result of a
 2441  report of abuse, neglect, or abandonment to the department’s
 2442  central abuse hotline, including, but not limited to, children
 2443  who are the subject of verified reports and children who are not
 2444  the subject of verified reports but who are at moderate to
 2445  extremely high risk of abuse, neglect, or abandonment, as
 2446  determined using the department’s risk assessment instrument,
 2447  regardless of the level of funding allocated to the lead agency
 2448  by the state if all related funding is transferred. The lead
 2449  agency may also serve children who have not been the subject of
 2450  reports of abuse, neglect, or abandonment, but who are at risk
 2451  of abuse, neglect, or abandonment, to prevent their entry into
 2452  the child protection and child welfare system.
 2453         (b) Shall provide accurate and timely information necessary
 2454  for oversight by the department pursuant to the child welfare
 2455  results-oriented accountability system required by s. 409.997.
 2456         (c) Shall follow the financial guidelines developed by the
 2457  department and provide for a regular independent auditing of its
 2458  financial activities. Such financial information shall be
 2459  provided to the community alliance established under s.
 2460  20.19(5).
 2461         (d) Shall prepare all judicial reviews, case plans, and
 2462  other reports necessary for court hearings for dependent
 2463  children, except those related to the investigation of a
 2464  referral from the department’s child abuse hotline, and shall
 2465  submit these documents timely to the department’s attorneys for
 2466  review, any necessary revision, and filing with the court. The
 2467  lead agency shall make the necessary staff available to
 2468  department attorneys for preparation for dependency proceedings,
 2469  and shall provide testimony and other evidence required for
 2470  dependency court proceedings in coordination with the
 2471  department’s attorneys. This duty does not include the
 2472  preparation of legal pleadings or other legal documents, which
 2473  remain the responsibility of the department.
 2474         (e) Shall ensure that all individuals providing care for
 2475  dependent children receive appropriate training and meet the
 2476  minimum employment standards established by the department.
 2477         (f) Shall maintain eligibility to receive all available
 2478  federal child welfare funds.
 2479         (g) Shall maintain written agreements with Healthy Families
 2480  Florida lead entities in its service area pursuant to s. 409.153
 2481  to promote cooperative planning for the provision of prevention
 2482  and intervention services.
 2483         (h) Shall comply with federal and state statutory
 2484  requirements and agency rules in the provision of contractual
 2485  services.
 2486         (i) May subcontract for the provision of services required
 2487  by the contract with the lead agency and the department;
 2488  however, the subcontracts must specify how the provider will
 2489  contribute to the lead agency meeting the performance standards
 2490  established pursuant to the child welfare results-oriented
 2491  accountability system required by s. 409.997. The lead agency
 2492  shall directly provide no more than 35 percent of all child
 2493  welfare services provided.
 2494         (2) LICENSURE.—
 2495         (a) A lead agency must be licensed as a child-caring or
 2496  child-placing agency by the department under this chapter.
 2497         (b) Each foster home, therapeutic foster home, emergency
 2498  shelter, or other placement facility operated by the lead agency
 2499  must be licensed by the department under chapter 402 or this
 2500  chapter.
 2501         (c) Substitute care providers who are licensed under s.
 2502  409.175 and who have contracted with a lead agency are also
 2503  authorized to provide registered or licensed family day care
 2504  under s. 402.313 if such care is consistent with federal law and
 2505  if the home has met the requirements of s. 402.313.
 2506         (d) In order to eliminate or reduce the number of duplicate
 2507  inspections by various program offices, the department shall
 2508  coordinate inspections required for licensure of agencies under
 2509  this subsection.
 2510         (e) The department may adopt rules to administer this
 2511  subsection.
 2512         (3) SERVICES.—A lead agency must serve dependent children
 2513  through services that are supported by research or are best
 2514  child welfare practices. The agency may also provide innovative
 2515  services, including, but not limited to, family-centered,
 2516  cognitive-behavioral, trauma-informed interventions designed to
 2517  mitigate out-of-home placements.
 2519         (a) If a lead agency or other provider has accepted case
 2520  management responsibilities for a child who is sheltered or
 2521  found to be dependent and who is assigned to the care of the
 2522  lead agency or other provider, the agency or provider may act as
 2523  the child’s guardian for the purpose of registering the child in
 2524  school if a parent or guardian of the child is unavailable and
 2525  his or her whereabouts cannot reasonably be ascertained.
 2526         (b) The lead agency or other provider may also seek
 2527  emergency medical attention for the child, but only if a parent
 2528  or guardian of the child is unavailable, the parent or
 2529  guardian’s whereabouts cannot reasonably be ascertained, and a
 2530  court order for such emergency medical services cannot be
 2531  obtained because of the severity of the emergency or because it
 2532  is after normal working hours.
 2533         (c) A lead agency or other provider may not consent to
 2534  sterilization, abortion, or termination of life support.
 2535         (d) If a child’s parents’ rights have been terminated, the
 2536  lead agency shall act as guardian of the child in all
 2537  circumstances.
 2538         Section 33. Section 409.990, Florida Statutes, is created
 2539  to read:
 2540         409.990 Funding for lead agencies.—A contract established
 2541  between the department and a lead agency must be funded by a
 2542  grant of general revenue, other applicable state funds, or
 2543  applicable federal funding sources.
 2544         (1) The method of payment for a fixed-price contract with a
 2545  lead agency must provide for a 2-month advance payment at the
 2546  beginning of each fiscal year and equal monthly payments
 2547  thereafter.
 2548         (2) Notwithstanding s. 215.425, all documented federal
 2549  funds earned for the current fiscal year by the department and
 2550  lead agencies which exceed the amount appropriated by the
 2551  Legislature shall be distributed to all entities that
 2552  contributed to the excess earnings based on a schedule and
 2553  methodology developed by the department and approved by the
 2554  Executive Office of the Governor.
 2555         (a) Distribution shall be pro rata, based on total
 2556  earnings, and shall be made only to those entities that
 2557  contributed to excess earnings.
 2558         (b) Excess earnings of lead agencies shall be used only in
 2559  the service district in which they were earned.
 2560         (c) Additional state funds appropriated by the Legislature
 2561  for lead agencies or made available pursuant to the budgetary
 2562  amendment process described in s. 216.177 shall be transferred
 2563  to the lead agencies.
 2564         (d) The department shall amend a lead agency’s contract to
 2565  permit expenditure of the funds.
 2566         (3) Notwithstanding any other provision of this section,
 2567  the amount of the annual contract for a lead agency may be
 2568  increased by excess federal funds earned in accordance with s.
 2569  216.181(11).
 2570         (4) Each contract with a lead agency shall provide for the
 2571  payment by the department to the lead agency of a reasonable
 2572  administrative cost in addition to funding for the provision of
 2573  services.
 2574         (5) A lead agency may carry forward documented unexpended
 2575  state funds from one fiscal year to the next; however, the
 2576  cumulative amount carried forward may not exceed 8 percent of
 2577  the total contract. Any unexpended state funds in excess of that
 2578  percentage must be returned to the department.
 2579         (a) The funds carried forward may not be used in any way
 2580  that would create increased recurring future obligations, and
 2581  such funds may not be used for any type of program or service
 2582  that is not currently authorized by the existing contract with
 2583  the department.
 2584         (b) Expenditures of funds carried forward must be
 2585  separately reported to the department.
 2586         (c) Any unexpended funds that remain at the end of the
 2587  contract period shall be returned to the department.
 2588         (d) Funds carried forward may be retained through any
 2589  contract renewals and any new procurements as long as the same
 2590  lead agency is retained by the department.
 2591         (6) It is the intent of the Legislature to improve services
 2592  and local participation in community-based care initiatives by
 2593  fostering community support and providing enhanced prevention
 2594  and in-home services, thereby reducing the risk otherwise faced
 2595  by lead agencies. A community partnership matching grant program
 2596  is established and shall be operated by the department to
 2597  encourage local participation in community-based care for
 2598  children in the child welfare system. A children’s services
 2599  council or another local entity that makes a financial
 2600  commitment to a community-based care lead agency may be eligible
 2601  for a matching grant. The total amount of the local contribution
 2602  may be matched on a one-to-one basis up to a maximum annual
 2603  amount of $500,000 per lead agency. Awarded matching grant funds
 2604  may be used for any prevention or in-home services that can be
 2605  reasonably expected to reduce the number of children entering
 2606  the child welfare system. Funding available for the matching
 2607  grant program is subject to legislative appropriation of
 2608  nonrecurring funds provided for this purpose.
 2609         (7)(a) The department, in consultation with the Florida
 2610  Coalition for Children, Inc., shall develop and implement a
 2611  community-based care risk pool initiative to mitigate the
 2612  financial risk to eligible lead agencies. This initiative must
 2613  include:
 2614         1. A risk pool application and protocol developed by the
 2615  department which outlines submission criteria, including, but
 2616  not limited to, financial and program management, descriptive
 2617  data requirements, and timeframes for submission of
 2618  applications. Requests for funding from risk pool applicants
 2619  must be based on relevant and verifiable service trends and
 2620  changes that have occurred during the current fiscal year. The
 2621  application must confirm that expenditure of approved risk pool
 2622  funds by the lead agency will be completed within the current
 2623  fiscal year.
 2624         2. A risk pool peer review committee, appointed by the
 2625  secretary and consisting of department staff and representatives
 2626  from at least three nonapplicant lead agencies, which reviews
 2627  and assesses all risk pool applications. Upon completion of each
 2628  application review, the peer review committee shall report its
 2629  findings and recommendations to the secretary, providing, at a
 2630  minimum, the following information:
 2631         a. Justification for the specific funding amount required
 2632  by the risk pool applicant based on the current year’s service
 2633  trend data, including validation that the applicant’s financial
 2634  need was caused by circumstances beyond the control of the lead
 2635  agency management;
 2636         b. Verification that the proposed use of risk pool funds
 2637  meets at least one of the purposes specified in paragraph (c);
 2638  and
 2639         c. Evidence of technical assistance provided in an effort
 2640  to avoid the need to access the risk pool and recommendations
 2641  for technical assistance to the lead agency to ensure that risk
 2642  pool funds are expended effectively and that the agency’s need
 2643  for future risk pool funding is diminished.
 2644         (b) Upon approval by the secretary of a risk pool
 2645  application, the department may request funds from the risk pool
 2646  in accordance with s. 216.181(6)(a).
 2647         (c) The purposes for which the community-based care risk
 2648  pool shall be used include:
 2649         1. Significant changes in the number or composition of
 2650  clients eligible to receive services.
 2651         2. Significant changes in the services that are eligible
 2652  for reimbursement.
 2653         3. Continuity of care in the event of failure,
 2654  discontinuance of service, or financial misconduct by a lead
 2655  agency.
 2656         4. Significant changes in the mix of available funds.
 2657         (d) The department may also request in its annual
 2658  legislative budget request, and the Governor may recommend, that
 2659  the funding necessary to effect paragraph (c) be appropriated to
 2660  the department. In addition, the department may request the
 2661  allocation of funds from the community-based care risk pool in
 2662  accordance with s. 216.181(6)(a). Funds from the pool may be
 2663  used to match available federal dollars.
 2664         1. Such funds shall constitute partial security for
 2665  contract performance by lead agencies and shall be used to
 2666  offset the need for a performance bond.
 2667         2. The department may separately require a bond to mitigate
 2668  the financial consequences of potential acts of malfeasance or
 2669  misfeasance or criminal violations by the service provider.
 2670         Section 34. Section 409.16713, Florida Statutes, is
 2671  transferred and renumbered as section 409.991, Florida Statutes,
 2672  and paragraph (a) of subsection (1) of that section is amended,
 2673  to read:
 2674         409.991 409.16713 Allocation of funds for community-based
 2675  care lead agencies.—
 2676         (1) As used in this section, the term:
 2677         (a) “Core services funding” means all funds allocated to
 2678  community-based care lead agencies operating under contract with
 2679  the department pursuant to s. 409.987 s. 409.1671, with the
 2680  following exceptions:
 2681         1. Funds appropriated for independent living;
 2682         2. Funds appropriated for maintenance adoption subsidies;
 2683         3. Funds allocated by the department for protective
 2684  investigations training;
 2685         4. Nonrecurring funds;
 2686         5. Designated mental health wrap-around services funds; and
 2687         6. Funds for special projects for a designated community
 2688  based care lead agency.
 2689         Section 35. Section 409.992, Florida Statutes, is created
 2690  to read:
 2691         409.992 Lead agency expenditures.—
 2692         (1) The procurement of commodities or contractual services
 2693  by lead agencies shall be governed by the financial guidelines
 2694  developed by the department and must comply with applicable
 2695  state and federal law and follow good business practices.
 2696  Pursuant to s. 11.45, the Auditor General may provide technical
 2697  advice in the development of the financial guidelines.
 2698         (2) Notwithstanding any other provision of law, a
 2699  community-based care lead agency may make expenditures for staff
 2700  cellular telephone allowances, contracts requiring deferred
 2701  payments and maintenance agreements, security deposits for
 2702  office leases, related agency professional membership dues other
 2703  than personal professional membership dues, promotional
 2704  materials, and grant writing services. Expenditures for food and
 2705  refreshments, other than those provided to clients in the care
 2706  of the agency or to foster parents, adoptive parents, and
 2707  caseworkers during training sessions, are not allowable.
 2708         (3) A lead community-based care agency and its
 2709  subcontractors are exempt from state travel policies as provided
 2710  in s. 112.061(3)(a) for their travel expenses incurred in order
 2711  to comply with the requirements of this section.
 2712         Section 36. Section 409.993, Florida Statutes, is created
 2713  to read:
 2714         409.993 Lead agencies and subcontractor liability.—
 2715         (1) FINDINGS.—
 2716         (a) The Legislature finds that the state has traditionally
 2717  provided foster care services to children who are the
 2718  responsibility of the state. As such, foster children have not
 2719  had the right to recover for injuries beyond the limitations
 2720  specified in s. 768.28. The Legislature has determined that
 2721  foster care and related services should be outsourced pursuant
 2722  to this section and that the provision of such services is of
 2723  paramount importance to the state. The purpose of such
 2724  outsourcing is to increase the level of safety, security, and
 2725  stability of children who are or become the responsibility of
 2726  the state. One of the components necessary to secure a safe and
 2727  stable environment for such children is the requirement that
 2728  private providers maintain liability insurance. As such,
 2729  insurance needs to be available and remain available to
 2730  nongovernmental foster care and related services providers
 2731  without the resources of such providers being significantly
 2732  reduced by the cost of maintaining such insurance.
 2733         (b) The Legislature further finds that, by requiring the
 2734  following minimum levels of insurance, children in outsourced
 2735  foster care and related services will gain increased protection
 2736  and rights of recovery in the event of injury than currently
 2737  provided in s. 768.28.
 2738         (2) LEAD AGENCY LIABILITY.—
 2739         (a) Other than an entity to which s. 768.28 applies, an
 2740  eligible community-based care lead agency, or its employees or
 2741  officers, except as otherwise provided in paragraph (b), shall,
 2742  as a part of its contract, obtain a minimum of $1 million per
 2743  occurrence with a policy period aggregate limit of $3 million in
 2744  general liability insurance coverage. The lead agency must also
 2745  require that staff who transport client children and families in
 2746  their personal automobiles in order to carry out their job
 2747  responsibilities obtain minimum bodily injury liability
 2748  insurance in the amount of $100,000 per person per any one
 2749  automobile accident, and subject to such limits for each person,
 2750  $300,000 for all damages resulting from any one automobile
 2751  accident, on their personal automobiles. In lieu of personal
 2752  motor vehicle insurance, the lead agency’s casualty, liability,
 2753  or motor vehicle insurance carrier may provide nonowned
 2754  automobile liability coverage. This insurance provides liability
 2755  insurance for an automobile that the lead agency uses in
 2756  connection with the lead agency’s business but does not own,
 2757  lease, rent, or borrow. This coverage includes an automobile
 2758  owned by an employee of the lead agency or a member of the
 2759  employee’s household but only while the automobile is used in
 2760  connection with the lead agency’s business. The nonowned
 2761  automobile coverage for the lead agency applies as excess
 2762  coverage over any other collectible insurance. The personal
 2763  automobile policy for the employee of the lead agency shall be
 2764  primary insurance, and the nonowned automobile coverage of the
 2765  lead agency acts as excess insurance to the primary insurance.
 2766  The lead agency shall provide a minimum limit of $1 million in
 2767  nonowned automobile coverage. In a tort action brought against
 2768  such a lead agency or employee, net economic damages shall be
 2769  limited to $1 million per liability claim and $200,000 per
 2770  automobile claim, including, but not limited to, past and future
 2771  medical expenses, wage loss, and loss of earning capacity,
 2772  offset by any collateral source payment paid or payable. In any
 2773  tort action brought against a lead agency, noneconomic damages
 2774  shall be limited to $400,000 per claim. A claims bill may be
 2775  brought on behalf of a claimant pursuant to s. 768.28 for any
 2776  amount exceeding the limits specified in this paragraph. Any
 2777  offset of collateral source payments made as of the date of the
 2778  settlement or judgment shall be in accordance with s. 768.76.
 2779  The lead agency is not liable in tort for the acts or omissions
 2780  of its subcontractors or the officers, agents, or employees of
 2781  its subcontractors.
 2782         (b) The liability of a lead agency described in this
 2783  section shall be exclusive and in place of all other liability
 2784  of such lead agency. The same immunities from liability enjoyed
 2785  by such lead agencies shall extend to each employee of the lead
 2786  agency if he or she is acting in furtherance of the lead
 2787  agency’s business, including the transportation of clients
 2788  served, as described in this subsection, in privately owned
 2789  vehicles. Such immunities are not applicable to a lead agency or
 2790  an employee who acts in a culpably negligent manner or with
 2791  willful and wanton disregard or unprovoked physical aggression
 2792  if such acts result in injury or death or such acts proximately
 2793  cause such injury or death. Such immunities are not applicable
 2794  to employees of the same lead agency when each is operating in
 2795  the furtherance of the agency’s business, but they are assigned
 2796  primarily to unrelated work within private or public employment.
 2797  The same immunity provisions enjoyed by a lead agency also apply
 2798  to any sole proprietor, partner, corporate officer or director,
 2799  supervisor, or other person who, in the course and scope of his
 2800  or her duties, acts in a managerial or policymaking capacity and
 2801  the conduct that caused the alleged injury arose within the
 2802  course and scope of those managerial or policymaking duties. As
 2803  used in this subsection and subsection (3), the term “culpably
 2804  negligent manner” means reckless indifference or grossly
 2805  careless disregard of human life.
 2807         (a) A subcontractor of an eligible community-based care
 2808  lead agency that is a direct provider of foster care and related
 2809  services to children and families, and its employees or
 2810  officers, except as otherwise provided in paragraph (b), must,
 2811  as a part of its contract, obtain a minimum of $1 million per
 2812  occurrence with a policy period aggregate limit of $3 million in
 2813  general liability insurance coverage. The subcontractor of a
 2814  lead agency must also require that staff who transport client
 2815  children and families in their personal automobiles in order to
 2816  carry out their job responsibilities obtain minimum bodily
 2817  injury liability insurance in the amount of $100,000 per person
 2818  in any one automobile accident, and subject to such limits for
 2819  each person, $300,000 for all damages resulting from any one
 2820  automobile accident, on their personal automobiles. In lieu of
 2821  personal motor vehicle insurance, the subcontractor’s casualty,
 2822  liability, or motor vehicle insurance carrier may provide
 2823  nonowned automobile liability coverage. This insurance provides
 2824  liability insurance for automobiles that the subcontractor uses
 2825  in connection with the subcontractor’s business but does not
 2826  own, lease, rent, or borrow. This coverage includes automobiles
 2827  owned by the employees of the subcontractor or a member of the
 2828  employee’s household but only while the automobiles are used in
 2829  connection with the subcontractor’s business. The nonowned
 2830  automobile coverage for the subcontractor applies as excess
 2831  coverage over any other collectible insurance. The personal
 2832  automobile policy for the employee of the subcontractor shall be
 2833  primary insurance, and the nonowned automobile coverage of the
 2834  subcontractor acts as excess insurance to the primary insurance.
 2835  The subcontractor shall provide a minimum limit of $1 million in
 2836  nonowned automobile coverage. In a tort action brought against
 2837  such subcontractor or employee, net economic damages shall be
 2838  limited to $1 million per liability claim and $200,000 per
 2839  automobile claim, including, but not limited to, past and future
 2840  medical expenses, wage loss, and loss of earning capacity,
 2841  offset by any collateral source payment paid or payable. In a
 2842  tort action brought against such subcontractor, noneconomic
 2843  damages shall be limited to $400,000 per claim. A claims bill
 2844  may be brought on behalf of a claimant pursuant to s. 768.28 for
 2845  any amount exceeding the limits specified in this paragraph. Any
 2846  offset of collateral source payments made as of the date of the
 2847  settlement or judgment shall be in accordance with s. 768.76.
 2848         (b) The liability of a subcontractor of a lead agency that
 2849  is a direct provider of foster care and related services as
 2850  described in this section is exclusive and in place of all other
 2851  liability of such provider. The same immunities from liability
 2852  enjoyed by such subcontractor provider extend to each employee
 2853  of the subcontractor when such employee is acting in furtherance
 2854  of the subcontractor’s business, including the transportation of
 2855  clients served, as described in this subsection, in privately
 2856  owned vehicles. Such immunities are not applicable to a
 2857  subcontractor or an employee who acts in a culpably negligent
 2858  manner or with willful and wanton disregard or unprovoked
 2859  physical aggression if such acts result in injury or death or if
 2860  such acts proximately cause such injury or death. Such
 2861  immunities are not applicable to employees of the same
 2862  subcontractor who are operating in the furtherance of the
 2863  subcontractor’s business but are assigned primarily to unrelated
 2864  works within private or public employment. The same immunity
 2865  provisions enjoyed by a subcontractor also apply to any sole
 2866  proprietor, partner, corporate officer or director, supervisor,
 2867  or other person who, in the course and scope of his or her
 2868  duties, acts in a managerial or policymaking capacity and the
 2869  conduct that caused the alleged injury arose within the course
 2870  and scope of those managerial or policymaking duties.
 2871         Section 37. Section 409.1675, Florida Statutes, is
 2872  transferred, renumbered as section 409.994, Florida Statutes,
 2873  and amended to read:
 2874         409.994 409.1675Lead Community-based care lead agencies
 2875  providers; receivership.—
 2876         (1) The Department of Children and Families Family Services
 2877  may petition a court of competent jurisdiction for the
 2878  appointment of a receiver for a lead community-based care lead
 2879  agency provider established pursuant to s. 409.987 if s.
 2880  409.1671 when any of the following conditions exist:
 2881         (a) The lead agency community-based provider is operating
 2882  without a license as a child-placing agency.
 2883         (b) The lead agency community-based provider has given less
 2884  than 120 days’ notice of its intent to cease operations, and
 2885  arrangements have not been made for another lead agency
 2886  community-based provider or for the department to continue the
 2887  uninterrupted provision of services.
 2888         (c) The department determines that conditions exist in the
 2889  lead agency community-based provider which present an imminent
 2890  danger to the health, safety, or welfare of the dependent
 2891  children under that agency’s provider’s care or supervision.
 2892  Whenever possible, the department shall make a reasonable effort
 2893  to facilitate the continued operation of the program.
 2894         (d) The lead agency community-based provider cannot meet
 2895  its current financial obligations to its employees, contractors,
 2896  or foster parents. Issuance of bad checks or the existence of
 2897  delinquent obligations for payment of salaries, utilities, or
 2898  invoices for essential services or commodities shall constitute
 2899  prima facie evidence that the lead agency community-based
 2900  provider lacks the financial ability to meet its financial
 2901  obligations.
 2902         (2)(a) The petition for receivership shall take precedence
 2903  over other court business unless the court determines that some
 2904  other pending proceeding, having statutory precedence, has
 2905  priority.
 2906         (b) A hearing shall be conducted within 5 days after the
 2907  filing of the petition, at which time interested parties shall
 2908  have the opportunity to present evidence as to whether a
 2909  receiver should be appointed. The department shall give
 2910  reasonable notice of the hearing on the petition to the lead
 2911  agency community-based provider.
 2912         (c) The court shall grant the petition upon finding that
 2913  one or more of the conditions in subsection (1) exists and the
 2914  continued existence of the condition or conditions jeopardizes
 2915  the health, safety, or welfare of dependent children. A receiver
 2916  may be appointed ex parte when the court determines that one or
 2917  more of the conditions in subsection (1) exists. After such
 2918  finding, the court may appoint any person, including an employee
 2919  of the department who is qualified by education, training, or
 2920  experience to carry out the duties of the receiver pursuant to
 2921  this section, except that the court may shall not appoint any
 2922  member of the governing board or any officer of the lead agency
 2923  community-based provider. The receiver may be selected from a
 2924  list of persons qualified to act as receivers which is developed
 2925  by the department and presented to the court with each petition
 2926  of receivership.
 2927         (d) A receiver may be appointed for up to 90 days, and the
 2928  department may petition the court for additional 30-day
 2929  extensions. Sixty days after appointment of a receiver and every
 2930  30 days thereafter until the receivership is terminated, the
 2931  department shall submit to the court an assessment of the lead
 2932  agency’s community-based provider’s ability to ensure the
 2933  health, safety, and welfare of the dependent children under its
 2934  supervision.
 2935         (3) The receiver shall take such steps as are reasonably
 2936  necessary to ensure the continued health, safety, and welfare of
 2937  the dependent children under the supervision of the lead agency
 2938  community-based provider and shall exercise those powers and
 2939  perform those duties set out by the court, including, but not
 2940  limited to:
 2941         (a) Taking such action as is reasonably necessary to
 2942  protect or conserve the assets or property of the lead agency
 2943  community-based provider. The receiver may use the assets and
 2944  property and any proceeds from any transfer thereof only in the
 2945  performance of the powers and duties provided set forth in this
 2946  section and by order of the court.
 2947         (b) Using the assets of the lead agency community-based
 2948  provider in the provision of care and services to dependent
 2949  children.
 2950         (c) Entering into contracts and hiring agents and employees
 2951  to carry out the powers and duties of the receiver under this
 2952  section.
 2953         (d) Having full power to direct, manage, hire, and
 2954  discharge employees of the lead agency community-based provider.
 2955  The receiver shall hire and pay new employees at the rate of
 2956  compensation, including benefits, approved by the court.
 2957         (e) Honoring all leases, mortgages, and contractual
 2958  obligations of the lead agency community-based provider, but
 2959  only to the extent of payments that become due during the period
 2960  of the receivership.
 2961         (4)(a) The receiver shall deposit funds received in a
 2962  separate account and shall use this account for all
 2963  disbursements.
 2964         (b) A payment to the receiver of any sum owing to the lead
 2965  agency community-based provider shall discharge any obligation
 2966  to the provider to the extent of the payment.
 2967         (5) A receiver may petition the court for temporary relief
 2968  from obligations entered into by the lead agency community-based
 2969  provider if the rent, price, or rate of interest required to be
 2970  paid under the agreement was substantially in excess of a
 2971  reasonable rent, price, or rate of interest at the time the
 2972  contract was entered into, or if any material provision of the
 2973  agreement was unreasonable when compared to contracts negotiated
 2974  under similar conditions. Any relief in this form provided by
 2975  the court shall be limited to the life of the receivership,
 2976  unless otherwise determined by the court.
 2977         (6) The court shall set the compensation of the receiver,
 2978  which shall be considered a necessary expense of a receivership
 2979  and may grant to the receiver such other authority necessary to
 2980  ensure the health, safety, and welfare of the children served.
 2981         (7) A receiver may be held liable in a personal capacity
 2982  only for the receiver’s own gross negligence, intentional acts,
 2983  or breaches of fiduciary duty. This section may shall not be
 2984  interpreted to be a waiver of sovereign immunity should the
 2985  department be appointed receiver.
 2986         (8) If the receiver is not the department, the court may
 2987  require a receiver to post a bond to ensure the faithful
 2988  performance of these duties.
 2989         (9) The court may terminate a receivership when:
 2990         (a) The court determines that the receivership is no longer
 2991  necessary because the conditions that gave rise to the
 2992  receivership no longer exist; or
 2993         (b) The department has entered into a contract with a new
 2994  lead agency community-based provider pursuant to s. 409.987 s.
 2995  409.1671, and that contractor is ready and able to assume the
 2996  duties of the previous lead agency provider.
 2997         (10) Within 30 days after the termination, unless this time
 2998  period is extended by the court, the receiver shall give the
 2999  court a complete accounting of all property of which the
 3000  receiver has taken possession, of all funds collected and
 3001  disbursed, and of the expenses of the receivership.
 3002         (11) Nothing in This section does not shall be construed to
 3003  relieve any employee of the lead agency community-based provider
 3004  placed in receivership of any civil or criminal liability
 3005  incurred, or any duty imposed by law, by reason of acts or
 3006  omissions of the employee before prior to the appointment of a
 3007  receiver, and; nor shall anything contained in this section does
 3008  not be construed to suspend during the receivership any
 3009  obligation of the employee for payment of taxes or other
 3010  operating or maintenance expenses of the lead agency community
 3011  based provider or for the payment of mortgages or liens. The
 3012  lead agency community-based provider shall retain the right to
 3013  sell or mortgage any facility under receivership, subject to the
 3014  prior approval of the court that ordered the receivership.
 3015         Section 38. Section 409.996, Florida Statutes, is created
 3016  to read:
 3017         409.996 Duties of the Department of Children and Families.
 3018  The department shall contract for the delivery, administration,
 3019  or management of care for children in the child protection and
 3020  child welfare system. In doing so, the department retains
 3021  responsibility for the quality of contracted services and
 3022  programs and shall ensure that services are delivered in
 3023  accordance with applicable federal and state statutes and
 3024  regulations.
 3025         (1) The department shall enter into contracts with lead
 3026  agencies for the performance of the duties by the lead agencies
 3027  pursuant to s. 409.988. At a minimum, the contracts must:
 3028         (a) Provide for the services needed to accomplish the
 3029  duties established in s. 409.988 and provide information to the
 3030  department which is necessary to meet the requirements for a
 3031  quality assurance program pursuant to subsection (18) and the
 3032  child welfare results-oriented accountability system pursuant to
 3033  s. 409.997.
 3034         (b) Provide for graduated penalties for failure to comply
 3035  with contract terms. Such penalties may include financial
 3036  penalties, enhanced monitoring and reporting, corrective action
 3037  plans, and early termination of contracts or other appropriate
 3038  action to ensure contract compliance.
 3039         (c) Ensure that the lead agency shall furnish current and
 3040  accurate information on its activities in all cases in client
 3041  case records in the state’s statewide automated child welfare
 3042  information system.
 3043         (d) Specify the procedures to be used by the parties to
 3044  resolve differences in interpreting the contract or to resolve
 3045  disputes as to the adequacy of the parties’ compliance with
 3046  their respective obligations under the contract.
 3047         (2) The department must adopt written policies and
 3048  procedures for monitoring the contract for delivery of services
 3049  by lead agencies which must be posted on the department’s
 3050  website. These policies and procedures must, at a minimum,
 3051  address the evaluation of fiscal accountability and program
 3052  operations, including provider achievement of performance
 3053  standards, provider monitoring of subcontractors, and timely
 3054  followup of corrective actions for significant monitoring
 3055  findings related to providers and subcontractors. These policies
 3056  and procedures must also include provisions for reducing the
 3057  duplication of the department’s program monitoring activities
 3058  both internally and with other agencies, to the extent possible.
 3059  The department’s written procedures must ensure that the written
 3060  findings, conclusions, and recommendations from monitoring the
 3061  contract for services of lead agencies are communicated to the
 3062  director of the provider agency and the community alliance as
 3063  expeditiously as possible.
 3064         (3) The department shall receive federal and state funds as
 3065  appropriated for the operation of the child welfare system,
 3066  transmit these funds to the lead agencies as agreed to in the
 3067  contract, and provide information on its website of the
 3068  distribution of the federal funds. The department retains
 3069  responsibility for the appropriate spending of these funds. The
 3070  department shall monitor lead agencies to assess compliance with
 3071  the financial guidelines established pursuant to s. 409.992 and
 3072  other applicable state and federal laws.
 3073         (4) The department shall provide technical assistance and
 3074  consultation to lead agencies in the provision of care to
 3075  children in the child protection and child welfare system.
 3076         (5) The department retains the responsibility for the
 3077  review, approval or denial, and issuances of all foster home
 3078  licenses.
 3079         (6) The department shall process all applications submitted
 3080  by lead agencies for the Interstate Compact on the Placement of
 3081  Children and the Interstate Compact on Adoption and Medical
 3082  Assistance.
 3083         (7) The department shall assist lead agencies with access
 3084  to and coordination with other service programs within the
 3085  department.
 3086         (8) The department shall determine Medicaid eligibility for
 3087  all referred children and shall coordinate services with the
 3088  Agency for Health Care Administration.
 3089         (9) The department shall develop, in cooperation with the
 3090  lead agencies and a third-party credentialing entity approved
 3091  pursuant to s. 402.40(3), a standardized competency-based
 3092  curriculum for certification training for child protection
 3093  staff.
 3094         (10) The department shall maintain the statewide adoptions
 3095  website and provide information and training to the lead
 3096  agencies relating to the website.
 3097         (11) The department shall provide training and assistance
 3098  to lead agencies regarding the responsibility of lead agencies
 3099  relating to children receiving supplemental security income,
 3100  social security, railroad retirement, or veterans’ benefits.
 3101         (12) With the assistance of a lead agency, the department
 3102  shall develop and implement statewide and local interagency
 3103  agreements needed to coordinate services for children and
 3104  parents involved in the child welfare system who are also
 3105  involved with the Agency for Persons with Disabilities, the
 3106  Department of Juvenile Justice, the Department of Education, the
 3107  Department of Health, and other governmental organizations that
 3108  share responsibilities for children or parents in the child
 3109  welfare system.
 3110         (13) With the assistance of a lead agency, the department
 3111  shall develop and implement a working agreement between the lead
 3112  agency and the substance abuse and mental health managing entity
 3113  to integrate services and supports for children and parents
 3114  serviced in the child welfare system.
 3115         (14) The department shall work with the Agency for Health
 3116  Care Administration to provide each Medicaid-eligible child with
 3117  early and periodic screening, diagnosis, and treatment,
 3118  including 72-hour screening, periodic child health checkups, and
 3119  prescribed followup for ordered services, including, but not
 3120  limited to, medical, dental, and vision care.
 3121         (15) The department shall assist lead agencies in
 3122  developing an array of services in compliance with the Title IV
 3123  E waiver and shall monitor the provision of such services.
 3124         (16) The department shall provide a mechanism to allow lead
 3125  agencies to request a waiver of department policies and
 3126  procedures that create inefficiencies or inhibit the performance
 3127  of the lead agency’s duties.
 3128         (17) The department shall directly or through contract
 3129  provide attorneys to prepare and present cases in dependency
 3130  court and shall ensure that the court is provided with adequate
 3131  information for informed decisionmaking in dependency cases,
 3132  including a face sheet for each case which lists the names and
 3133  contact information for any child protective investigator, child
 3134  protective investigation supervisor, case manager, and case
 3135  manager supervisor, and the regional department official
 3136  responsible for the lead agency contract. The department shall
 3137  provide to the court the case information and recommendations
 3138  provided by the lead agency or subcontractor. For the Sixth
 3139  Judicial Circuit, the department shall contract with the state
 3140  attorney for the provision of these services.
 3141         (18) The department, in consultation with lead agencies,
 3142  shall establish a quality assurance program for contracted
 3143  services to dependent children. The quality assurance program
 3144  shall be based on standards established by federal and state law
 3145  and national accrediting organizations.
 3146         (a) The department must evaluate each lead agency under
 3147  contract at least annually. These evaluations shall cover the
 3148  programmatic, operational, and fiscal operations of the lead
 3149  agency and must be consistent with the child welfare results
 3150  oriented accountability system required by s. 409.997. The
 3151  department must consult with dependency judges in the circuit or
 3152  circuits served by the lead agency on the performance of the
 3153  lead agency.
 3154         (b) The department and each lead agency shall monitor out
 3155  of-home placements, including the extent to which sibling groups
 3156  are placed together or provisions to provide visitation and
 3157  other contacts if siblings are separated. The data shall
 3158  identify reasons for sibling separation. Information related to
 3159  sibling placement shall be incorporated into the results
 3160  oriented accountability system required pursuant to s. 409.997
 3161  and in the evaluation of the outcome specified in s.
 3162  409.986(2)(e).
 3163         (c)The department shall, to the extent possible, use
 3164  independent financial audits provided by the lead agency to
 3165  eliminate or reduce the ongoing contract and administrative
 3166  reviews conducted by the department. If the department
 3167  determines that such independent financial audits are
 3168  inadequate, other audits, as necessary, may be conducted by the
 3169  department. This paragraph does not abrogate the requirements of
 3170  s. 215.97.
 3171         (d) The department may suggest additional items to be
 3172  included in such independent financial audits to meet the
 3173  department’s needs.
 3174         (e) The department may outsource programmatic,
 3175  administrative, or fiscal monitoring oversight of lead agencies.
 3176         (f) A lead agency must assure that all subcontractors are
 3177  subject to the same quality assurance activities as the lead
 3178  agency.
 3179         (19) The department and its attorneys have the
 3180  responsibility to ensure that the court is fully informed about
 3181  issues before it, to make recommendations to the court, and to
 3182  present competent evidence, including testimony by the
 3183  department’s employees, contractors, and subcontractors, as well
 3184  as other individuals, to support all recommendations made to the
 3185  court. The department’s attorneys shall coordinate lead agency
 3186  or subcontractor staff to ensure that dependency cases are
 3187  presented appropriately to the court, giving consideration to
 3188  the information developed by the case manager and direction to
 3189  the case manager if more information is needed.
 3190         (20) The department, in consultation with lead agencies,
 3191  shall develop a dispute resolution process so that disagreements
 3192  between legal staff, investigators, and case management staff
 3193  can be resolved in the best interest of the child in question
 3194  before court appearances regarding that child.
 3195         (21) The department shall periodically, and before
 3196  procuring a lead agency, solicit comments and recommendations
 3197  from the community alliance established in s. 20.19(5), any
 3198  other community groups, or public hearings. The recommendations
 3199  must include, but are not limited to:
 3200         (a) The current and past performance of a lead agency.
 3201         (b) The relationship between a lead agency and its
 3202  community partners.
 3203         (c) Any local conditions or service needs in child
 3204  protection and child welfare.
 3205         Section 39. Effective January 1, 2015, section 409.997,
 3206  Florida Statutes, is created to read:
 3207         409.997 Child welfare results-oriented accountability
 3208  system.—
 3209         (1) The department, the community-based care lead agencies,
 3210  and the lead agencies’ subcontractors share the responsibility
 3211  for achieving the outcome goals specified in s. 409.986(2).
 3212         (2) In order to assess the achievement of the outcome goals
 3213  specified in s. 409.986(2), the department shall maintain a
 3214  comprehensive, results-oriented accountability system that
 3215  monitors the use of resources, the quality and amount of
 3216  services provided, and child and family outcomes through data
 3217  analysis, research review, evaluation, and quality improvement.
 3218  The system shall provide information about individual entities’
 3219  performance as well as the performance of groups of entities
 3220  working together as an integrated system of care on a local,
 3221  regional, and statewide basis. The department shall issue a
 3222  request for information for the accountability system to
 3223  identify system development and implementation approaches,
 3224  technical and operational solutions, timeframes for
 3225  implementation, pricing and costs, and implementation
 3226  considerations; assess respondents’ experience in providing
 3227  similar systems and interest in providing the accountability
 3228  system; and generate any other information determined by the
 3229  department to be useful in establishing the system. The
 3230  department shall provide a report to the Governor, the President
 3231  of the Senate, and the Speaker of the House of Representatives
 3232  by February 1, 2015, summarizing the responses and providing the
 3233  department’s recommendations regarding procurement and
 3234  implementation of the system. In maintaining the accountability
 3235  system, the department shall:
 3236         (a) Identify valid and reliable outcome measures for each
 3237  of the goals specified in this subsection. The outcome data set
 3238  must consist of a limited number of understandable measures
 3239  using available data to quantify outcomes as children move
 3240  through the system of care. Such measures may aggregate multiple
 3241  variables that affect the overall achievement of the outcome
 3242  goals. Valid and reliable measures must be based on adequate
 3243  sample sizes, be gathered over suitable time periods, and
 3244  reflect authentic rather than spurious results, and may not be
 3245  susceptible to manipulation.
 3246         (b) Implement a monitoring system to track the identified
 3247  outcome measures on a statewide, regional, and provider-specific
 3248  basis. The monitoring system must identify trends and chart
 3249  progress toward achievement of the goals specified s.
 3250  409.986(2). The requirements of the monitoring system may be
 3251  incorporated into the quality assurance program required under
 3252  s. 409.996(18). The monitoring system shall track the placement
 3253  of siblings in the child welfare system, including the extent to
 3254  which siblings are placed together and, if the siblings are not
 3255  placed together, the efforts to maintain the relationship
 3256  between siblings through face-to-face visitation and written and
 3257  electronic contact.
 3258         (c) Develop and maintain an analytical system that builds
 3259  on the outcomes monitoring system to assess the statistical
 3260  validity of observed associations between child welfare
 3261  interventions and the measured outcomes. The analysis must use
 3262  quantitative methods to adjust for variations in demographic or
 3263  other conditions. The analysis must include longitudinal studies
 3264  to evaluate longer-term outcomes such as continued safety,
 3265  family permanence, and transition to self-sufficiency. The
 3266  analysis may also include qualitative research methods to
 3267  provide insight into statistical patterns.
 3268         (d) Develop and maintain a program of research review to
 3269  identify interventions that are supported by evidence as
 3270  causally linked to improved outcomes.
 3271         (e) Support an ongoing process of evaluation to determine
 3272  the efficacy and effectiveness of various interventions.
 3273  Efficacy evaluation is intended to determine the validity of a
 3274  causal relationship between an intervention and an outcome.
 3275  Effectiveness evaluation is intended to determine the extent to
 3276  which the results can be generalized.
 3277         (f) Develop and maintain an inclusive, interactive, and
 3278  evidence-supported program of quality improvement which promotes
 3279  individual skill building as well as organizational learning.
 3280         (g) Develop and implement a method for making the results
 3281  of the accountability system transparent for all parties
 3282  involved in the child welfare system as well as policymakers and
 3283  the public. The presentation of the results shall provide a
 3284  comprehensible, visual report card for the state and each
 3285  community-based care region, indicating the current status
 3286  relative to each goal and trends in that status over time. The
 3287  presentation shall identify and report outcome measures that
 3288  assess the performance of the department, the community-based
 3289  care lead agency, and the lead agency’s subcontractors working
 3290  together as an integrated system of care.
 3291         (3) The department shall establish a technical advisory
 3292  panel consisting of representatives from lead agencies,
 3293  community-based care providers, other contract providers,
 3294  community alliances, and family representatives. The President
 3295  of the Senate and the Speaker of the House of Representatives
 3296  shall each appoint a member to serve as a legislative liaison to
 3297  the panel. The technical advisory panel shall advise the
 3298  department on meeting the requirements of this section.
 3299         (4) The accountability system may not rank or compare
 3300  performance among community-based care regions unless adequate
 3301  and specific adjustments are adopted that account for the
 3302  diversity in regions’ demographics, resources, and other
 3303  relevant characteristics.
 3304         (5) The results of the accountability system must provide
 3305  the basis for performance incentives if funds for such payments
 3306  are made available through the General Appropriations Act.
 3307         (6) At least quarterly, the department shall make the
 3308  results of the accountability system available to the public
 3309  through publication on its website. The website must allow for
 3310  custom searches of the performance data.
 3311         (7) By October 1 of each year, the department shall submit
 3312  a report on the statewide and individual community-based care
 3313  lead agency results for child protection and child welfare
 3314  systems. The department shall use the accountability system and
 3315  consult with the community alliance and the chief judge or
 3316  judges in the community-based care service area to prepare the
 3317  report. The report shall be submitted to the Governor, the
 3318  President of the Senate, and the Speaker of the House of
 3319  Representatives.
 3320         Section 40. Section 827.10, Florida Statutes, is created to
 3321  read:
 3322         827.10 Unlawful desertion of a child.—
 3323         (1) As used in this section, the term:
 3324         (a) “Care” means support and services necessary to maintain
 3325  the child’s physical and mental health, including, but not
 3326  limited to, food, nutrition, clothing, shelter, supervision,
 3327  medicine, and medical services that a prudent person would
 3328  consider essential for the well-being of the child.
 3329         (b) “Caregiver” has the same meaning as provided in s.
 3330  39.01.
 3331         (c) “Child” means a child for whose care the caregiver is
 3332  legally responsible.
 3333         (d) “Desertion” or “deserts” means to leave a child in a
 3334  place or with a person other than a relative with the intent not
 3335  to return to the child and with the intent not to provide for
 3336  the care of the child.
 3337         (e) “Relative” has the same meaning as provided in s.
 3338  39.01.
 3339         (2) A caregiver who deserts a child under circumstances in
 3340  which the caregiver knew or should have known that the desertion
 3341  exposes the child to unreasonable risk of harm commits a felony
 3342  of the third degree, punishable as provided in s. 775.082, s.
 3343  775.083, or s. 775.084.
 3344         (3) This section does not apply to a person who surrenders
 3345  a newborn infant in compliance with s. 383.50.
 3346         (4) This section does not preclude prosecution for a
 3347  criminal act under any other law, including, but not limited to,
 3348  prosecution of child abuse or neglect of a child under s.
 3349  827.03.
 3350         Section 41. Paragraph (d) of subsection (4) of section
 3351  985.04, Florida Statutes, is amended to read:
 3352         985.04 Oaths; records; confidential information.—
 3353         (4)
 3354         (d) The department shall disclose to the school
 3355  superintendent the presence of any child in the care and custody
 3356  or under the jurisdiction or supervision of the department who
 3357  has a known history of criminal sexual behavior with other
 3358  juveniles; is an alleged to have committed juvenile sexual abuse
 3359  offender, as defined in s. 39.01; or has pled guilty or nolo
 3360  contendere to, or has been found to have committed, a violation
 3361  of chapter 794, chapter 796, chapter 800, s. 827.071, or s.
 3362  847.0133, regardless of adjudication. Any employee of a district
 3363  school board who knowingly and willfully discloses such
 3364  information to an unauthorized person commits a misdemeanor of
 3365  the second degree, punishable as provided in s. 775.082 or s.
 3366  775.083.
 3367         Section 43. Paragraph (h) is added to subsection (1) of
 3368  section 1009.25, Florida Statutes, to read:
 3369         1009.25 Fee exemptions.—
 3370         (1) The following students are exempt from the payment of
 3371  tuition and fees, including lab fees, at a school district that
 3372  provides workforce education programs, Florida College System
 3373  institution, or state university:
 3374         (h) Pursuant to s. 402.403, child protection and child
 3375  welfare personnel as defined in s. 402.402 who are enrolled in
 3376  an accredited bachelor’s degree or master’s degree in social
 3377  work program, provided that the student attains at least a grade
 3378  of “B” in all courses for which tuition and fees are exempted.
 3379         Section 44. Section 402.401, Florida Statutes, is repealed.
 3380         Section 45. Section 409.1671, Florida Statutes, is
 3381  repealed.
 3382         Section 46. Section 409.16715, Florida Statutes, is
 3383  repealed.
 3384         Section 47. Section 409.16745, Florida Statutes, is
 3385  repealed.
 3386         Section 48. Section 1004.61, Florida Statutes, is repealed.
 3387         Section 49. Paragraph (g) of subsection (1) of section
 3388  39.201, Florida Statutes, is amended to read:
 3389         39.201 Mandatory reports of child abuse, abandonment, or
 3390  neglect; mandatory reports of death; central abuse hotline.—
 3391         (1)
 3392         (g) Nothing in this chapter or in the contracting with
 3393  community-based care providers for foster care and related
 3394  services as specified in s. 409.987 s. 409.1671 shall be
 3395  construed to remove or reduce the duty and responsibility of any
 3396  person, including any employee of the community-based care
 3397  provider, to report a suspected or actual case of child abuse,
 3398  abandonment, or neglect or the sexual abuse of a child to the
 3399  department’s central abuse hotline.
 3400         Section 50. Subsection (1) of section 39.302, Florida
 3401  Statutes, is amended to read:
 3402         39.302 Protective investigations of institutional child
 3403  abuse, abandonment, or neglect.—
 3404         (1) The department shall conduct a child protective
 3405  investigation of each report of institutional child abuse,
 3406  abandonment, or neglect. Upon receipt of a report that alleges
 3407  that an employee or agent of the department, or any other entity
 3408  or person covered by s. 39.01(32) s. 39.01(33) or (47), acting
 3409  in an official capacity, has committed an act of child abuse,
 3410  abandonment, or neglect, the department shall initiate a child
 3411  protective investigation within the timeframe established under
 3412  s. 39.201(5) and notify the appropriate state attorney, law
 3413  enforcement agency, and licensing agency, which shall
 3414  immediately conduct a joint investigation, unless independent
 3415  investigations are more feasible. When conducting investigations
 3416  or having face-to-face interviews with the child, investigation
 3417  visits shall be unannounced unless it is determined by the
 3418  department or its agent that unannounced visits threaten the
 3419  safety of the child. If a facility is exempt from licensing, the
 3420  department shall inform the owner or operator of the facility of
 3421  the report. Each agency conducting a joint investigation is
 3422  entitled to full access to the information gathered by the
 3423  department in the course of the investigation. A protective
 3424  investigation must include an interview with the child’s parent
 3425  or legal guardian. The department shall make a full written
 3426  report to the state attorney within 3 working days after making
 3427  the oral report. A criminal investigation shall be coordinated,
 3428  whenever possible, with the child protective investigation of
 3429  the department. Any interested person who has information
 3430  regarding the offenses described in this subsection may forward
 3431  a statement to the state attorney as to whether prosecution is
 3432  warranted and appropriate. Within 15 days after the completion
 3433  of the investigation, the state attorney shall report the
 3434  findings to the department and shall include in the report a
 3435  determination of whether or not prosecution is justified and
 3436  appropriate in view of the circumstances of the specific case.
 3437         Section 51. Subsection (1) of section 39.524, Florida
 3438  Statutes, is amended to read:
 3439         39.524 Safe-harbor placement.—
 3440         (1) Except as provided in s. 39.407 or s. 985.801, a
 3441  dependent child 6 years of age or older who has been found to be
 3442  a victim of sexual exploitation as defined in s. 39.01(68)(g) s.
 3443  39.01(67)(g) must be assessed for placement in a safe house as
 3444  provided in s. 409.1678. The assessment shall be conducted by
 3445  the department or its agent and shall incorporate and address
 3446  current and historical information from any law enforcement
 3447  reports; psychological testing or evaluation that has occurred;
 3448  current and historical information from the guardian ad litem,
 3449  if one has been assigned; current and historical information
 3450  from any current therapist, teacher, or other professional who
 3451  has knowledge of the child and has worked with the child; and
 3452  any other information concerning the availability and
 3453  suitability of safe-house placement. If such placement is
 3454  determined to be appropriate as a result of this assessment, the
 3455  child may be placed in a safe house, if one is available. As
 3456  used in this section, the term “available” as it relates to a
 3457  placement means a placement that is located within the circuit
 3458  or otherwise reasonably accessible.
 3459         Section 52. Subsection (6) of section 316.613, Florida
 3460  Statutes, is amended to read:
 3461         316.613 Child restraint requirements.—
 3462         (6) The child restraint requirements imposed by this
 3463  section do not apply to a chauffeur-driven taxi, limousine,
 3464  sedan, van, bus, motor coach, or other passenger vehicle if the
 3465  operator and the motor vehicle are hired and used for the
 3466  transportation of persons for compensation. It is the obligation
 3467  and responsibility of the parent, guardian, or other person
 3468  responsible for a child’s welfare, as defined in s. 39.01(47),
 3469  to comply with the requirements of this section.
 3470         Section 53. Subsections (1), (3), and (5) of section
 3471  409.1676, Florida Statutes, are amended to read:
 3472         409.1676 Comprehensive residential group care services to
 3473  children who have extraordinary needs.—
 3474         (1) It is the intent of the Legislature to provide
 3475  comprehensive residential group care services, including
 3476  residential care, case management, and other services, to
 3477  children in the child protection system who have extraordinary
 3478  needs. These services are to be provided in a residential group
 3479  care setting by a not-for-profit corporation or a local
 3480  government entity under a contract with the Department of
 3481  Children and Families Family Services or by a lead agency as
 3482  described in s. 409.987 s. 409.1671. These contracts should be
 3483  designed to provide an identified number of children with access
 3484  to a full array of services for a fixed price. Further, it is
 3485  the intent of the Legislature that the Department of Children
 3486  and Families Family Services and the Department of Juvenile
 3487  Justice establish an interagency agreement by December 1, 2002,
 3488  which describes respective agency responsibilities for referral,
 3489  placement, service provision, and service coordination for
 3490  dependent and delinquent youth who are referred to these
 3491  residential group care facilities. The agreement must require
 3492  interagency collaboration in the development of terms,
 3493  conditions, and performance outcomes for residential group care
 3494  contracts serving the youth referred who have been adjudicated
 3495  both dependent and delinquent.
 3496         (3) The department, in accordance with a specific
 3497  appropriation for this program, shall contract with a not-for
 3498  profit corporation, a local government entity, or the lead
 3499  agency that has been established in accordance with s. 409.987
 3500  s. 409.1671 for the performance of residential group care
 3501  services described in this section. A lead agency that is
 3502  currently providing residential care may provide this service
 3503  directly with the approval of the local community alliance. The
 3504  department or a lead agency may contract for more than one site
 3505  in a county if that is determined to be the most effective way
 3506  to achieve the goals set forth in this section.
 3507         (5) The department may transfer all casework
 3508  responsibilities for children served under this program to the
 3509  entity that provides this service, including case management and
 3510  development and implementation of a case plan in accordance with
 3511  current standards for child protection services. When the
 3512  department establishes this program in a community that has a
 3513  lead agency as described in s. 409.987 s. 409.1671, the casework
 3514  responsibilities must be transferred to the lead agency.
 3515         Section 54. Subsection (2) of section 409.1677, Florida
 3516  Statutes, is amended to read:
 3517         409.1677 Model comprehensive residential services
 3518  programs.—
 3519         (2) The department shall establish a model comprehensive
 3520  residential services program in Manatee and Miami-Dade Counties
 3521  through a contract with the designated lead agency established
 3522  in accordance with s. 409.987 s. 409.1671 or with a private
 3523  entity capable of providing residential group care and home
 3524  based care and experienced in the delivery of a range of
 3525  services to foster children, if no lead agency exists. These
 3526  model programs are to serve that portion of eligible children
 3527  within each county which is specified in the contract, based on
 3528  funds appropriated, to include a full array of services for a
 3529  fixed price. The private entity or lead agency is responsible
 3530  for all programmatic functions necessary to carry out the intent
 3531  of this section.
 3532         Section 55. Paragraph (d) of subsection (1) of section
 3533  409.1678, Florida Statutes, is amended to read:
 3534         409.1678 Safe harbor for children who are victims of sexual
 3535  exploitation.—
 3536         (1) As used in this section, the term:
 3537         (d) “Sexually exploited child” means a dependent child who
 3538  has suffered sexual exploitation as defined in s. 39.01(68)(g)
 3539  s. 39.01(67)(g) and is ineligible for relief and benefits under
 3540  the federal Trafficking Victims Protection Act, 22 U.S.C. ss.
 3541  7101 et seq.
 3542         Section 56. Subsection (24) of section 409.906, Florida
 3543  Statutes, is amended to read:
 3544         409.906 Optional Medicaid services.—Subject to specific
 3545  appropriations, the agency may make payments for services which
 3546  are optional to the state under Title XIX of the Social Security
 3547  Act and are furnished by Medicaid providers to recipients who
 3548  are determined to be eligible on the dates on which the services
 3549  were provided. Any optional service that is provided shall be
 3550  provided only when medically necessary and in accordance with
 3551  state and federal law. Optional services rendered by providers
 3552  in mobile units to Medicaid recipients may be restricted or
 3553  prohibited by the agency. Nothing in this section shall be
 3554  construed to prevent or limit the agency from adjusting fees,
 3555  reimbursement rates, lengths of stay, number of visits, or
 3556  number of services, or making any other adjustments necessary to
 3557  comply with the availability of moneys and any limitations or
 3558  directions provided for in the General Appropriations Act or
 3559  chapter 216. If necessary to safeguard the state’s systems of
 3560  providing services to elderly and disabled persons and subject
 3561  to the notice and review provisions of s. 216.177, the Governor
 3562  may direct the Agency for Health Care Administration to amend
 3563  the Medicaid state plan to delete the optional Medicaid service
 3564  known as “Intermediate Care Facilities for the Developmentally
 3565  Disabled.” Optional services may include:
 3566         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
 3567  Health Care Administration, in consultation with the Department
 3568  of Children and Families Family Services, may establish a
 3569  targeted case-management project in those counties identified by
 3570  the Department of Children and Families Family Services and for
 3571  all counties with a community-based child welfare project, as
 3572  authorized under s. 409.987 s. 409.1671, which have been
 3573  specifically approved by the department. The covered group of
 3574  individuals who are eligible to receive targeted case management
 3575  include children who are eligible for Medicaid; who are between
 3576  the ages of birth through 21; and who are under protective
 3577  supervision or postplacement supervision, under foster-care
 3578  supervision, or in shelter care or foster care. The number of
 3579  individuals who are eligible to receive targeted case management
 3580  is limited to the number for whom the Department of Children and
 3581  Families Family Services has matching funds to cover the costs.
 3582  The general revenue funds required to match the funds for
 3583  services provided by the community-based child welfare projects
 3584  are limited to funds available for services described under s.
 3585  409.990 s. 409.1671. The Department of Children and Families
 3586  Family Services may transfer the general revenue matching funds
 3587  as billed by the Agency for Health Care Administration.
 3588         Section 57. Paragraph (b) of subsection (4) of section
 3589  409.912, Florida Statutes, is amended to read:
 3590         409.912 Cost-effective purchasing of health care.—The
 3591  agency shall purchase goods and services for Medicaid recipients
 3592  in the most cost-effective manner consistent with the delivery
 3593  of quality medical care. To ensure that medical services are
 3594  effectively utilized, the agency may, in any case, require a
 3595  confirmation or second physician’s opinion of the correct
 3596  diagnosis for purposes of authorizing future services under the
 3597  Medicaid program. This section does not restrict access to
 3598  emergency services or poststabilization care services as defined
 3599  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 3600  shall be rendered in a manner approved by the agency. The agency
 3601  shall maximize the use of prepaid per capita and prepaid
 3602  aggregate fixed-sum basis services when appropriate and other
 3603  alternative service delivery and reimbursement methodologies,
 3604  including competitive bidding pursuant to s. 287.057, designed
 3605  to facilitate the cost-effective purchase of a case-managed
 3606  continuum of care. The agency shall also require providers to
 3607  minimize the exposure of recipients to the need for acute
 3608  inpatient, custodial, and other institutional care and the
 3609  inappropriate or unnecessary use of high-cost services. The
 3610  agency shall contract with a vendor to monitor and evaluate the
 3611  clinical practice patterns of providers in order to identify
 3612  trends that are outside the normal practice patterns of a
 3613  provider’s professional peers or the national guidelines of a
 3614  provider’s professional association. The vendor must be able to
 3615  provide information and counseling to a provider whose practice
 3616  patterns are outside the norms, in consultation with the agency,
 3617  to improve patient care and reduce inappropriate utilization.
 3618  The agency may mandate prior authorization, drug therapy
 3619  management, or disease management participation for certain
 3620  populations of Medicaid beneficiaries, certain drug classes, or
 3621  particular drugs to prevent fraud, abuse, overuse, and possible
 3622  dangerous drug interactions. The Pharmaceutical and Therapeutics
 3623  Committee shall make recommendations to the agency on drugs for
 3624  which prior authorization is required. The agency shall inform
 3625  the Pharmaceutical and Therapeutics Committee of its decisions
 3626  regarding drugs subject to prior authorization. The agency is
 3627  authorized to limit the entities it contracts with or enrolls as
 3628  Medicaid providers by developing a provider network through
 3629  provider credentialing. The agency may competitively bid single
 3630  source-provider contracts if procurement of goods or services
 3631  results in demonstrated cost savings to the state without
 3632  limiting access to care. The agency may limit its network based
 3633  on the assessment of beneficiary access to care, provider
 3634  availability, provider quality standards, time and distance
 3635  standards for access to care, the cultural competence of the
 3636  provider network, demographic characteristics of Medicaid
 3637  beneficiaries, practice and provider-to-beneficiary standards,
 3638  appointment wait times, beneficiary use of services, provider
 3639  turnover, provider profiling, provider licensure history,
 3640  previous program integrity investigations and findings, peer
 3641  review, provider Medicaid policy and billing compliance records,
 3642  clinical and medical record audits, and other factors. Providers
 3643  are not entitled to enrollment in the Medicaid provider network.
 3644  The agency shall determine instances in which allowing Medicaid
 3645  beneficiaries to purchase durable medical equipment and other
 3646  goods is less expensive to the Medicaid program than long-term
 3647  rental of the equipment or goods. The agency may establish rules
 3648  to facilitate purchases in lieu of long-term rentals in order to
 3649  protect against fraud and abuse in the Medicaid program as
 3650  defined in s. 409.913. The agency may seek federal waivers
 3651  necessary to administer these policies.
 3652         (4) The agency may contract with:
 3653         (b) An entity that is providing comprehensive behavioral
 3654  health care services to certain Medicaid recipients through a
 3655  capitated, prepaid arrangement pursuant to the federal waiver
 3656  provided for by s. 409.905(5). Such entity must be licensed
 3657  under chapter 624, chapter 636, or chapter 641, or authorized
 3658  under paragraph (c) or paragraph (d), and must possess the
 3659  clinical systems and operational competence to manage risk and
 3660  provide comprehensive behavioral health care to Medicaid
 3661  recipients. As used in this paragraph, the term “comprehensive
 3662  behavioral health care services” means covered mental health and
 3663  substance abuse treatment services that are available to
 3664  Medicaid recipients. The secretary of the Department of Children
 3665  and Families Family Services shall approve provisions of
 3666  procurements related to children in the department’s care or
 3667  custody before enrolling such children in a prepaid behavioral
 3668  health plan. Any contract awarded under this paragraph must be
 3669  competitively procured. In developing the behavioral health care
 3670  prepaid plan procurement document, the agency shall ensure that
 3671  the procurement document requires the contractor to develop and
 3672  implement a plan to ensure compliance with s. 394.4574 related
 3673  to services provided to residents of licensed assisted living
 3674  facilities that hold a limited mental health license. Except as
 3675  provided in subparagraph 5., and except in counties where the
 3676  Medicaid managed care pilot program is authorized pursuant to s.
 3677  409.91211, the agency shall seek federal approval to contract
 3678  with a single entity meeting these requirements to provide
 3679  comprehensive behavioral health care services to all Medicaid
 3680  recipients not enrolled in a Medicaid managed care plan
 3681  authorized under s. 409.91211, a provider service network
 3682  authorized under paragraph (d), or a Medicaid health maintenance
 3683  organization in an AHCA area. In an AHCA area where the Medicaid
 3684  managed care pilot program is authorized pursuant to s.
 3685  409.91211 in one or more counties, the agency may procure a
 3686  contract with a single entity to serve the remaining counties as
 3687  an AHCA area or the remaining counties may be included with an
 3688  adjacent AHCA area and are subject to this paragraph. Each
 3689  entity must offer a sufficient choice of providers in its
 3690  network to ensure recipient access to care and the opportunity
 3691  to select a provider with whom they are satisfied. The network
 3692  shall include all public mental health hospitals. To ensure
 3693  unimpaired access to behavioral health care services by Medicaid
 3694  recipients, all contracts issued pursuant to this paragraph must
 3695  require 80 percent of the capitation paid to the managed care
 3696  plan, including health maintenance organizations and capitated
 3697  provider service networks, to be expended for the provision of
 3698  behavioral health care services. If the managed care plan
 3699  expends less than 80 percent of the capitation paid for the
 3700  provision of behavioral health care services, the difference
 3701  shall be returned to the agency. The agency shall provide the
 3702  plan with a certification letter indicating the amount of
 3703  capitation paid during each calendar year for behavioral health
 3704  care services pursuant to this section. The agency may reimburse
 3705  for substance abuse treatment services on a fee-for-service
 3706  basis until the agency finds that adequate funds are available
 3707  for capitated, prepaid arrangements.
 3708         1. The agency shall modify the contracts with the entities
 3709  providing comprehensive inpatient and outpatient mental health
 3710  care services to Medicaid recipients in Hillsborough, Highlands,
 3711  Hardee, Manatee, and Polk Counties, to include substance abuse
 3712  treatment services.
 3713         2. Except as provided in subparagraph 5., the agency and
 3714  the Department of Children and Families Family Services shall
 3715  contract with managed care entities in each AHCA area except
 3716  area 6 or arrange to provide comprehensive inpatient and
 3717  outpatient mental health and substance abuse services through
 3718  capitated prepaid arrangements to all Medicaid recipients who
 3719  are eligible to participate in such plans under federal law and
 3720  regulation. In AHCA areas where eligible individuals number less
 3721  than 150,000, the agency shall contract with a single managed
 3722  care plan to provide comprehensive behavioral health services to
 3723  all recipients who are not enrolled in a Medicaid health
 3724  maintenance organization, a provider service network authorized
 3725  under paragraph (d), or a Medicaid capitated managed care plan
 3726  authorized under s. 409.91211. The agency may contract with more
 3727  than one comprehensive behavioral health provider to provide
 3728  care to recipients who are not enrolled in a Medicaid capitated
 3729  managed care plan authorized under s. 409.91211, a provider
 3730  service network authorized under paragraph (d), or a Medicaid
 3731  health maintenance organization in AHCA areas where the eligible
 3732  population exceeds 150,000. In an AHCA area where the Medicaid
 3733  managed care pilot program is authorized pursuant to s.
 3734  409.91211 in one or more counties, the agency may procure a
 3735  contract with a single entity to serve the remaining counties as
 3736  an AHCA area or the remaining counties may be included with an
 3737  adjacent AHCA area and shall be subject to this paragraph.
 3738  Contracts for comprehensive behavioral health providers awarded
 3739  pursuant to this section shall be competitively procured. Both
 3740  for-profit and not-for-profit corporations are eligible to
 3741  compete. Managed care plans contracting with the agency under
 3742  subsection (3) or paragraph (d) shall provide and receive
 3743  payment for the same comprehensive behavioral health benefits as
 3744  provided in AHCA rules, including handbooks incorporated by
 3745  reference. In AHCA area 11, the agency shall contract with at
 3746  least two comprehensive behavioral health care providers to
 3747  provide behavioral health care to recipients in that area who
 3748  are enrolled in, or assigned to, the MediPass program. One of
 3749  the behavioral health care contracts must be with the existing
 3750  provider service network pilot project, as described in
 3751  paragraph (d), for the purpose of demonstrating the cost
 3752  effectiveness of the provision of quality mental health services
 3753  through a public hospital-operated managed care model. Payment
 3754  shall be at an agreed-upon capitated rate to ensure cost
 3755  savings. Of the recipients in area 11 who are assigned to
 3756  MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those
 3757  MediPass-enrolled recipients shall be assigned to the existing
 3758  provider service network in area 11 for their behavioral care.
 3759         3. Children residing in a statewide inpatient psychiatric
 3760  program, or in a Department of Juvenile Justice or a Department
 3761  of Children and Families Family Services residential program
 3762  approved as a Medicaid behavioral health overlay services
 3763  provider may not be included in a behavioral health care prepaid
 3764  health plan or any other Medicaid managed care plan pursuant to
 3765  this paragraph.
 3766         4. Traditional community mental health providers under
 3767  contract with the Department of Children and Families Family
 3768  Services pursuant to part IV of chapter 394, child welfare
 3769  providers under contract with the Department of Children and
 3770  Families Family Services in areas 1 and 6, and inpatient mental
 3771  health providers licensed pursuant to chapter 395 must be
 3772  offered an opportunity to accept or decline a contract to
 3773  participate in any provider network for prepaid behavioral
 3774  health services.
 3775         5. All Medicaid-eligible children, except children in area
 3776  1 and children in Highlands County, Hardee County, Polk County,
 3777  or Manatee County of area 6, which that are open for child
 3778  welfare services in the statewide automated child welfare
 3779  information system, shall receive their behavioral health care
 3780  services through a specialty prepaid plan operated by community
 3781  based lead agencies through a single agency or formal agreements
 3782  among several agencies. The agency shall work with the specialty
 3783  plan to develop clinically effective, evidence-based
 3784  alternatives as a downward substitution for the statewide
 3785  inpatient psychiatric program and similar residential care and
 3786  institutional services. The specialty prepaid plan must result
 3787  in savings to the state comparable to savings achieved in other
 3788  Medicaid managed care and prepaid programs. Such plan must
 3789  provide mechanisms to maximize state and local revenues. The
 3790  specialty prepaid plan shall be developed by the agency and the
 3791  Department of Children and Families Family Services. The agency
 3792  may seek federal waivers to implement this initiative. Medicaid
 3793  eligible children whose cases are open for child welfare
 3794  services in the statewide automated child welfare information
 3795  system and who reside in AHCA area 10 shall be enrolled in a
 3796  capitated provider service network or other capitated managed
 3797  care plan, which, in coordination with available community-based
 3798  care providers specified in s. 409.987 s. 409.1671, shall
 3799  provide sufficient medical, developmental, and behavioral health
 3800  services to meet the needs of these children.
 3802  Effective July 1, 2012, in order to ensure continuity of care,
 3803  the agency is authorized to extend or modify current contracts
 3804  based on current service areas or on a regional basis, as
 3805  determined appropriate by the agency, with comprehensive
 3806  behavioral health care providers as described in this paragraph
 3807  during the period prior to its expiration. This paragraph
 3808  expires October 1, 2014.
 3809         Section 58. Paragraph (dd) of subsection (3) of section
 3810  409.91211, Florida Statutes, is amended to read:
 3811         409.91211 Medicaid managed care pilot program.—
 3812         (3) The agency shall have the following powers, duties, and
 3813  responsibilities with respect to the pilot program:
 3814         (dd) To implement service delivery mechanisms within a
 3815  specialty plan in area 10 to provide behavioral health care
 3816  services to Medicaid-eligible children whose cases are open for
 3817  child welfare services in the HomeSafeNet system. These services
 3818  must be coordinated with community-based care providers as
 3819  specified in s. 409.986 s. 409.1671, where available, and be
 3820  sufficient to meet the developmental, behavioral, and emotional
 3821  needs of these children. Children in area 10 who have an open
 3822  case in the HomeSafeNet system shall be enrolled into the
 3823  specialty plan. These service delivery mechanisms must be
 3824  implemented no later than July 1, 2011, in AHCA area 10 in order
 3825  for the children in AHCA area 10 to remain exempt from the
 3826  statewide plan under s. 409.912(4)(b)5. An administrative fee
 3827  may be paid to the specialty plan for the coordination of
 3828  services based on the receipt of the state share of that fee
 3829  being provided through intergovernmental transfers.
 3830         Section 59. Paragraph (d) of subsection (1) of section
 3831  420.628, Florida Statutes, is amended to read:
 3832         420.628 Affordable housing for children and young adults
 3833  leaving foster care; legislative findings and intent.—
 3834         (1)
 3835         (d) The Legislature intends that the Florida Housing
 3836  Finance Corporation, agencies within the State Housing
 3837  Initiative Partnership Program, local housing finance agencies,
 3838  public housing authorities, and their agents, and other
 3839  providers of affordable housing coordinate with the Department
 3840  of Children and Families Family Services, their agents, and
 3841  community-based care providers who provide services under s.
 3842  409.986 s. 409.1671 to develop and implement strategies and
 3843  procedures designed to make affordable housing available
 3844  whenever and wherever possible to young adults who leave the
 3845  child welfare system.
 3846         Section 60. Subsection (5) of section 960.065, Florida
 3847  Statutes, is amended to read:
 3848         960.065 Eligibility for awards.—
 3849         (5) A person is not ineligible for an award pursuant to
 3850  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 3851  person is a victim of sexual exploitation of a child as defined
 3852  in s. 39.01(68)(g) s. 39.01(67)(g).
 3853         Section 61. Except as otherwise expressly provided in this
 3854  act, this act shall take effect July 1, 2014.
 3856  ================= T I T L E  A M E N D M E N T ================
 3857  And the title is amended as follows:
 3858         Delete everything before the enacting clause
 3859  and insert:
 3860                        A bill to be entitled                      
 3861         An act relating to child welfare; amending s. 20.19,
 3862         F.S.; requiring the Secretary of Children and Families
 3863         to appoint an Assistant Secretary for Child Welfare;
 3864         providing qualifications and responsibilities;
 3865         amending s. 39.001, F.S.; revising the purposes of ch.
 3866         39, F.S.; requiring the department to provide for
 3867         certain services for medically complex children;
 3868         amending s. 39.01, F.S.; providing, revising, and
 3869         deleting definitions; amending s. 39.013, F.S.;
 3870         clarifying responsibilities of the department in
 3871         dependency proceedings; amending s. 39.201, F.S.;
 3872         requiring alleged incidents of juvenile sexual abuse
 3873         involving specified children to be reported to the
 3874         department’s central abuse hotline; requiring the
 3875         department to provide specified information on an
 3876         investigation of child sexual abuse to the court;
 3877         creating s. 39.2015, F.S.; requiring the department to
 3878         conduct specified investigations using critical
 3879         incident rapid response teams; providing requirements
 3880         for such investigations and for team membership;
 3881         authorizing team access to specified information;
 3882         requiring the cooperation of specified agencies and
 3883         organizations; requiring the team to provide an
 3884         investigation report; requiring the secretary to
 3885         develop guidelines for investigations and provide team
 3886         member training; creating s. 39.2022, F.S.; providing
 3887         legislative intent; requiring the department to
 3888         publish specified information on its website regarding
 3889         the death of a child reported to the central abuse
 3890         hotline; amending s. 39.301, F.S.; requiring the use
 3891         of safety plans in child protection investigations in
 3892         cases of present or impending danger; providing
 3893         requirements for implementation of a safety plan;
 3894         providing conditions for filing a petition for
 3895         dependency; amending s. 39.303, F.S.; requiring
 3896         physician involvement when a child protection team
 3897         evaluates a report of medical neglect of a medically
 3898         complex child; creating s. 39.3068, F.S.; providing
 3899         requirements for investigating medical neglect;
 3900         providing duties of the department; amending s.
 3901         39.307, F.S.; requiring the department to assist the
 3902         family, child, and caregiver in receiving services
 3903         upon a report alleging juvenile sexual abuse or
 3904         inappropriate sexual behavior; requiring the
 3905         department to maintain specified records; requiring
 3906         child sexual abuse to be taken into account in
 3907         placement consideration; requiring the department to
 3908         monitor the occurrence of child sexual abuse and
 3909         related services; amending s. 39.402, F.S.; requiring
 3910         the department to make a reasonable effort to keep
 3911         siblings together when they are placed in out-of-home
 3912         care under certain circumstances; providing for
 3913         sibling visitation under certain conditions; amending
 3914         s. 39.501, F.S.; requiring compliance with a safety
 3915         plan to be considered when deciding a petition for
 3916         dependency; amending s. 39.504, F.S.; authorizing the
 3917         court to order a person to comply with a safety plan
 3918         that is implemented in an injunction; amending s.
 3919         39.5085, F.S.; revising legislative intent;
 3920         authorizing placement of a child with a nonrelative
 3921         caregiver and financial assistance for such
 3922         nonrelative caregiver through the Relative Caregiver
 3923         Program under certain circumstances; amending s.
 3924         39.604, F.S.; requiring certain children to attend a
 3925         licensed early education or child care program;
 3926         requiring the inclusion of attendance at a licensed
 3927         early education or child care program in a child’s
 3928         safety plan; amending s. 39.701, F.S.; requiring the
 3929         court to consider contact among siblings in judicial
 3930         reviews; authorizing the court to remove specified
 3931         disabilities of nonage at judicial reviews; amending
 3932         s. 39.802, F.S.; removing department authorization to
 3933         sign a petition for termination of parental rights;
 3934         amending s. 39.806, F.S.; providing additional grounds
 3935         for termination of parental rights; amending s.
 3936         63.212, F.S.; revising advertising requirements for
 3937         adoption services; requiring a person who places an
 3938         advertisement for adoption services to provide
 3939         specified information; deleting a criminal penalty for
 3940         knowingly publishing or assisting in the publication
 3941         of an advertisement that violates specified
 3942         provisions; amending s. 383.402, F.S.; requiring state
 3943         and local review committees to review all child deaths
 3944         that are reported to the department’s central abuse
 3945         hotline; revising the due date for and contents of a
 3946         report; amending s. 402.40, F.S.; requiring a third
 3947         party credentialing entity to establish an advisory
 3948         committee; authorizing the department to approve
 3949         certification of specializations; creating s. 402.402,
 3950         F.S.; defining terms; providing preferences for
 3951         education and work experience for child protection and
 3952         child welfare personnel; requiring a report; providing
 3953         training requirements for department attorneys;
 3954         creating s. 402.403, F.S.; establishing a tuition
 3955         exemption program for child protection and child
 3956         welfare personnel; providing eligibility requirements;
 3957         amending s. 409.165, F.S.; enhancing provision of care
 3958         to medically complex children; amending s. 409.175,
 3959         F.S.; revising requirements relating to licensure of
 3960         family foster homes, residential child-caring
 3961         agencies, and child-placing agencies; amending s.
 3962         409.967, F.S.; revising standards for Medicaid managed
 3963         care plan accountability with respect to services for
 3964         dependent children and their parents; amending s.
 3965         409.972, F.S.; exempting certain Medicaid recipients
 3966         from mandatory enrollment in managed care plans;
 3967         providing a directive to the Division of Law Revision
 3968         and Information; creating part V of ch. 409, F.S.;
 3969         creating s. 409.986, F.S.; providing legislative
 3970         findings and intent; providing child protection and
 3971         child welfare outcome goals; defining terms; creating
 3972         s. 409.987, F.S.; providing for department procurement
 3973         of community-based care lead agencies; providing
 3974         requirements for contracting as a lead agency;
 3975         creating s. 409.988, F.S.; providing duties of a
 3976         community-based care lead agency; providing licensure
 3977         requirements for a lead agency; specifying services
 3978         provided by a lead agency; providing conditions for an
 3979         agency or provider to act as a child’s guardian;
 3980         creating s. 409.990, F.S.; providing general funding
 3981         provisions for lead agencies; providing for a matching
 3982         grant program and the maximum amount of funds that may
 3983         be awarded; requiring the department to develop and
 3984         implement a community-based care risk pool initiative;
 3985         providing requirements for the risk pool;
 3986         transferring, renumbering, and amending s. 409.16713,
 3987         F.S.; transferring provisions relating to the
 3988         allocation of funds for community-based care lead
 3989         agencies; conforming a cross-reference; creating s.
 3990         409.992, F.S.; providing requirements for community
 3991         based care lead agency expenditures; creating s.
 3992         409.993, F.S.; providing legislative findings;
 3993         providing for lead agency and subcontractor liability;
 3994         transferring, renumbering, and amending s. 409.1675,
 3995         F.S.; transferring provisions relating to receivership
 3996         from community-based providers to lead agencies;
 3997         conforming cross-references and terminology; creating
 3998         s. 409.996, F.S.; providing duties of the department
 3999         relating to community-based care and lead agencies;
 4000         creating s. 409.997, F.S.; providing outcome goals for
 4001         the department and specified entities with respect to
 4002         the delivery of child welfare services; requiring the
 4003         department to maintain an accountability system;
 4004         requiring a report to the Governor and the
 4005         Legislature; requiring the department to establish a
 4006         technical advisory panel; requiring the department to
 4007         make the results of the accountability system public;
 4008         requiring a report to the Governor and the Legislature
 4009         by a specified date; creating s. 827.10, F.S.;
 4010         providing definitions; establishing the criminal
 4011         offense of unlawful desertion of a child; providing
 4012         criminal penalties; providing exceptions; amending s.
 4013         985.04, F.S.; conforming terminology; amending s.
 4014         1009.25, F.S.; exempting specified child protective
 4015         investigators and child protective investigation
 4016         supervisors from certain tuition and fee requirements;
 4017         repealing s. 402.401, F.S., relating to child welfare
 4018         worker student loan forgiveness; repealing s.
 4019         409.1671, F.S., relating to outsourcing of foster care
 4020         and related services; repealing s. 409.16715, F.S.,
 4021         relating to certain therapy for foster children;
 4022         repealing s. 409.16745, F.S., relating to the
 4023         community partnership matching grant program;
 4024         repealing s. 1004.61, F.S., relating to a partnership
 4025         between the Department of Children and Families and
 4026         state universities; amending ss. 39.201, 39.302,
 4027         39.524, 316.613, 409.1676, 409.1677, 409.1678,
 4028         409.906, 409.912, 409.91211, 420.628, and 960.065,
 4029         F.S.; conforming cross-references; providing effective
 4030         dates.